Oklahoma § 63-1055 - Creation of city and county authorities

§ 63-1055. Creation of city and county authorities

In each city and in each county of the state there is hereby

created a public body corporate and politic to be known as the

"housing authority" of the city or county; provided, that the

authority shall not transact any business or exercise its powers

hereunder until or unless the governing body of the city or county,

as the case may be, by proper resolution declares that there is need

for an authority to function in the city or county.

The governing body shall give consideration as to the need for

an authority (1) on its own motion or (2) upon the filing of a

petition signed by not less than five percent (5%) of the qualified

voters of the city or county, as the case may be, asserting that

there is need for an authority to function in the city or county and

requesting that its governing body so declare.

The governing body shall adopt a resolution declaring there is

need for an authority in the city or county, as the case may be, if

it finds (1) that insanitary or unsafe inhabited dwelling

accommodations exist in the city or county, and (2) that there is a

shortage of safe and sanitary dwelling accommodations in the city or

county available to persons of low income at rentals or prices they

can afford. If the governing body declares a need for housing

exists, as set forth in (1) and (2) of this paragraph, said

governing body shall issue notice of such need and the number of

housing units proposed in a newspaper having a general circulation

in the area in which the need is certified. Such notice shall set

forth the facts that said declaration of need is final, if not

protested within thirty (30) days from date of said notice by the

method provided in the next succeeding paragraph.

Provided, however, that if a petition signed by not less than

five percent (5%) of the legal registered voters of the city or

county affected, as the case may be, is submitted to the governing

body within thirty (30) days of the adoption of said resolution then

said resolution shall be ineffective until approved by a majority of

those voting on the question at a special or general election;

provided that in the event said resolution is not approved by a

majority of those voting at any special or general election, then

the same or a similar resolution shall not be adopted by the

governing body for a period of one (1) year thereafter.

Provided further, however, in all cities and counties of less

than two hundred thousand (200,000) population, according to the

last Federal Decennial Census, all projects not authorized prior to

July 1, 1968, shall be ineffective until approved by a majority of

those voting on the question at a special or general election;

Oklahoma Statutes - Title 63. Public Health and Safety

except projects authorized under the provisions of Section 1057 of

this act.

In any suit, action or proceeding involving the validity or

enforcement of or relating to any contract of the authority, an

authority shall be conclusively deemed to have become established

and authorized to transact business and exercise its powers upon

proof of the adoption of the resolution and proof of the approval by

a majority of the voters as herein prescribed. A copy of the

resolution duly certified by the clerk shall be admissible in

evidence in any suit, action or proceeding.

Laws 1965, c. 251, § 5; Laws 1967, c. 339, § 2; Laws 1969, c. 281, §

2, emerg. eff. April 25, 1969.