SECTIONS 34115-34118 - California Statutes

HEALTH AND SAFETY CODE

SECTION 34115-34118

34115. A commission may not transact any business or exercise any
powers under this part unless, by ordinance, the legislative body
declares that there is need for a commission to function in the
community. The ordinance of the legislative body declaring that there
is need for a commission to function in the community shall be
subject to referendum as prescribed by law for a county or a city
ordinance.

34115.5. The ordinance of the legislative body declaring a need for
a commission to function in the community may declare a need that
the commission function only with respect to a redevelopment agency
or that the commission function with respect to a redevelopment
agency and a housing authority. If the ordinance declares a need that
the commission function only with respect to a redevelopment agency,
then the commission shall not have the powers, duties, and
responsibilities of a housing authority and the provisions requiring
that two of the commissioners be tenants of the housing authority
shall be inapplicable.

34116. The commission shall cause a certified copy of the ordinance
to be filed with the Department of Housing and Community
Development.

34117. In any proceeding involving the validity or enforcement of,
or relating to, any contract by a commission, the commission is
conclusively deemed to have been established and authorized to
transact business and exercise its powers upon proof of the filing
with the Secretary of State and with the Department of Housing and
Community Development of such an ordinance.

34118. Notwithstanding Section 34140 or any other provision of this
part, a commission established prior to January 1, 1978, shall not
be vested with the powers, duties, and responsibilities of the
commissioners of the housing authority, nor shall the commission
operate and govern the housing authority, unless:
(a) The ordinance adopted by the legislative body declaring a need
for the commission to function in the community declares, or is
subsequently amended to declare, that the commission shall be vested
with the rights, powers, duties, and responsibilities of the
commissioners of the housing authority; or
(b) Prior to the effective date of this section, the commission
has assumed and exercised the rights, powers, duties, and
responsibilities of the commissioners of the housing authority.