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14-169-317. Decreasing operational area — Detachment of counties.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-317. Decreasing operational area — Detachment of counties.
(a)(1) The area of operation of a regional housing authority shall be decreased from time to time to exclude one (1) or more counties from the area if the governing body of each of the counties in the area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding a county from the area. However, no action may be taken pursuant to this section if the regional housing authority has outstanding any bonds or notes unless all holders of the bonds and notes consent, in writing, to the action.
(2)(A) If such action decreases the area of operation of the regional housing authority to only one (1) county, the authority shall thereupon constitute and become a housing authority for the county, in the same manner, and with the same rights, powers, and immunities, as though the authority were created by and authorized to transact business and exercise its powers pursuant to § 14-169-207.
(B) The commissioners of such authority shall be thereupon appointed as provided in § 14-169-208 for the appointment of commissioners of a housing authority created for a county.
(b) The governing body of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority shall adopt a resolution declaring that there is a need for excluding a county from the area only if:
(1) Each governing body of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when the area first included the county to be excluded, the regional housing authority w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-317
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-169-317
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b449910a171909f4800b2a8f58588beeeeb8b4ef972fc401a9e101d46fc4c1c
Source location: content.xml paragraph 40480
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14-169-317. Decreasing operational area — Detachment of counties.
(a)(1) The area of operation of a regional housing authority shall be decreased from time to time to exclude one (1) or more counties from the area if the governing body of each of the counties in the area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding a county from the area. However, no action may be taken pursuant to this section if the regional housing authority has outstanding any bonds or notes unless all holders of the bonds and notes consent, in writing, to the action.
(2)(A) If such action decreases the area of operation of the regional housing authority to only one (1) county, the authority shall thereupon constitute and become a housing authority for the county, in the same manner, and with the same rights, powers, and immunities, as though the authority were created by and authorized to transact business and exercise its powers pursuant to § 14-169-207.
(B) The commissioners of such authority shall be thereupon appointed as provided in § 14-169-208 for the appointment of commissioners of a housing authority created for a county.
(b) The governing body of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority shall adopt a resolution declaring that there is a need for excluding a county from the area only if:
(1) Each governing body of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when the area first included the county to be excluded, the regional housing authority would be a more efficient or economical administrative unit if that county were excluded from the area; and
(2) The governing body of each county to be excluded and the commissioners of the regional housing authority each also find that, because of the changed facts, another housing authority for the county would be a more efficient or economical administrative unit to function in the county.
(c)(1) In all regional housing authorities in this state in which there is construction in only one (1) county, the governing body of that county shall have the power, if it deems it to be in the best interest of the county, to enter an order detaching the county from the regional housing authority.
(2) Upon the entry of such order, the county shall thereupon cease to be a part of the regional housing authority.
(d)(1) All rights, contracts, agreements, obligations, and property, real and personal, of a regional housing authority shall be in the name of and vested in the county housing authority of the county when one shall have been created there under the provisions of § 14-169-318;
(2) All obligations of the regional housing authority shall thereupon be the obligations of the county housing authority; and
(3) All rights and remedies of any person against the regional housing authority may thereupon be asserted, enforced, and prosecuted against the county housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the regional housing authority.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-207. Creation of authorities.
(a)(1) In each city and in each county of the state there is created a public body corporate and politic to be known as the “housing authority” of the city or county.
(2)(A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county.
(B) The determination as to whether there is a need for an authority to function:
(i) May be made by the governing body on its own motion; or
(ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.
(b)(1) The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that:
(A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
(B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford.
(2) In determining whether dwelling accommodations are unsafe or insanitary, the governing body may take into consideration:
(A) The degree of overcrowding;
(B) The percentage of land coverage;
(C) The light, air, space, and access available to the inhabitants of the dwelling accommodations;
(D) The size and arrangement of the rooms;
(E) The sanitary facilities; and
(F) The extent to which conditions exist in the buildings
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-208. Appointment, etc., of commissioners, employees.
(a)(1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207, it shall promptly notify the mayor of the adoption.
(2)(A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city.
(B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.
(b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.
(c)(1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment.
(2)(A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term.
(B)(i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body.
(ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.
(C)(i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter.
(ii) If
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-318. Housing authority for county excluded or detached.
(a) At any time after the exclusion or detachment of any county from the area of operation of a regional housing authority, as provided in this subchapter, the governing body of any such county may adopt a resolution or enter an order declaring that there is need for a housing authority in the county if the governing body shall find such need according to the provisions of § 14-169-207. Thereupon, a public body corporate and politic to be known as the housing authority of the county shall exist for that county, the five (5) commissioners of which shall be appointed by the governing body of that county and may transact business and exercise its powers in the same manner, and shall have the same rights, powers, and immunities, as though created by § 14-169-207.
(b) Nothing contained in this section shall be construed as preventing that county from thereafter being included within the area of operation of a regional housing authority as provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-318
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-318. This identifies an authority to review, not proof of applicability.