99.040. Creating a housing authority--need of, how determined. - Missouri Statutes

Creating a housing authority--need of, how determined.

99.040. 1. In each city (as herein defined) and in each county of thestate there is hereby created a municipal corporation to be known as the"Housing Authority" of the city or county; provided, however, that suchauthority shall not transact any business or exercise its powers hereunderuntil or unless the governing body of the city or the county, as the case maybe, by resolution or other declaration shall determine at any time hereafterthat there is need for an authority to function in such city or county. Thedetermination as to whether or not there is such need for an authority tofunction may be made by the governing body upon the filing of a petitionsigned by fifty taxpayers of the city or county, as the case may be, assertingthat there is need for an authority to function in such city or county andrequesting that the governing body so declare.

2. The governing body shall determine that there is need for a housingauthority in the city or county, as the case may be, if it shall find thatinsanitary or unsafe inhabited dwelling accommodations exist in such city orcounty or that there is a shortage of safe or sanitary dwelling accommodationsin such city or county available to persons of low income at rentals they canafford. In determining whether dwelling accommodations are unsafe orinsanitary said governing body may take into consideration the degree ofovercrowding, the percentage of land coverage, the light, air, space andaccess available to the inhabitants of such dwelling accommodations, the sizeand arrangement of the rooms, the sanitary facilities, and the extent to whichconditions exist in such buildings which endanger life or property by fire orother causes.

3. In any suit, action or proceeding involving the validity orenforcement of or relating to any contract of the authority, the authorityshall be conclusively deemed to have become established and authorized totransact business and exercise its powers hereunder upon proof of the adoptionof a resolution or other declaration by the governing body declaring the needfor the authority. Such resolutions or other declaration shall be deemedsufficient if it declares that there is such need for an authority and findsin substantially the foregoing terms (no further detail being necessary) thateither or both of the above enumerated conditions exist in the city or county,as the case may be. A copy of such resolution or other declaration dulycertified by the clerk shall be admissible in evidence in any suit, action orproceeding.

(RSMo 1939 § 7856)