§ 157-4.1. Alternative organization. - North Carolina Statutes

§ 157‑4.1. Alternative organization.

(a)        In lieu of creating a housing authority as authorizedherein, the council of any city may, if it deems wise, either designate aredevelopment commission created under the provisions of Chapter 160 of theGeneral Statutes to exercise the powers, duties, and responsibilities of ahousing authority as prescribed herein, or may itself exercise such powers,duties, and responsibilities. Any such designation shall be by passage of aresolution adopted in accordance with the procedure and pursuant to the findingspecified in the first and second paragraphs of G.S. 157‑4. In the eventthe council of any city designates itself to exercise the powers, duties, andresponsibilities of a housing authority, then where any act, proceeding, orapproval is required to be done, recommended, or approved both by a housingauthority and by the council of the city, then the performance, recommendation,or approval thereof once by the council of the city shall be sufficient to makesuch performance, recommendation, or approval valid and legal. In the event thecouncil of the city designates itself to exercise the powers, duties, andresponsibilities of a housing authority, it may assign the administration ofthe housing programs, projects, and policies to any existing or new departmentof the city.

(b)        The council of any city which has prior to July 1, 1969,created, or which may hereafter create, a housing authority may, in itsdiscretion, by resolution abolish such housing authority, such abolition to beeffective on a day set in such resolution not less than 90 days after itsadoption. Upon the adoption of such a resolution, the housing authority of thecity is hereby authorized and directed to take such actions and to execute suchdocuments as will carry into effect the provisions and the intent of theresolution, and as will effectively transfer its authority, responsibilities,obligations, personnel, and property, both real and personal, to the city. Anycity which abolishes a housing authority pursuant to this subsection may, atany time subsequent to such abolition or concurrently therewith, exercise theauthority granted by subsection (a) of this section.

On the day set in the resolution of the council:

(1)        The housing authority shall cease to exist as a body politicand corporate and as a public body;

(2)        All property, real and personal and mixed, belonging to thehousing authority shall vest in, belong to, and be the property of the city;

(3)        All judgments, liens, rights of liens, and causes of actionof any nature in favor of the housing authority shall remain, vest in, andinure to the benefit of the city;

(4)        All rentals, taxes, assessments, and any other funds,charges or fees, owing to the housing authority shall be owed to and collectedby the city;

(5)        Any actions, suits, and proceedings, pending against, orhaving been instituted by the housing authority shall not be abated by suchabolition, but all such actions, suits, and proceedings shall be continued andcompleted in the same manner as if abolition had not occurred, and the cityshall be a party to all such actions, suits, and proceedings in the place andstead if the housing authority and shall pay or cause to be paid any judgmentsrendered against the housing authority in any such actions, suits, orproceedings, and no new process need be served in any such action, suit, orproceeding;

(6)        All obligations of the housing authority, includingoutstanding indebtedness, shall be assumed by the city, and all suchobligations and outstanding indebtedness shall be constituted obligations andindebtedness of the city;

(7)        All ordinances, rules, regulations and policies of thehousing authority shall continue in full force and effect until repealed oramended by the council of the city.

(c)        Where the governing body of any municipality has in itsdiscretion, by resolution abolished a housing authority, pursuant to subsection(b) above, the governing body of such municipality may, at any time subsequentto the passage of a resolution abolishing a housing authority, or concurrentlytherewith, by the passage of a resolution adopted in accordance with theprocedures and pursuant to the finding specified in G.S. 157‑4.1,designate an existing redevelopment commission created pursuant to Article 37of Chapter 160 of the General Statutes, to exercise the powers, duties, andresponsibilities of a housing authority. Where the governing body of anymunicipality designates, pursuant to this subsection, an existing redevelopmentcommission created pursuant to Article 37 of Chapter 160 of the GeneralStatutes to exercise the powers, duties, and responsibilities of a housingauthority, on the day set in the resolution of the governing body passedpursuant to subsection (b) of  this section, or pursuant to subsection (c) ofthis section:

(1)        The housing authority shall cease to exist as a body politicand corporate and as a public body;

(2)        All property, real and personal and mixed, belonging to thehousing authority or to the municipality as hereinabove provided in subsections(a) or (b), shall vest in, belong to, and be the property of the existingredevelopment commission of the municipality;

(3)        All judgments, liens, rights of liens, and causes of actionof any nature in favor of the housing authority or in favor of the municipalityas hereinabove provided in subsections (a) or (b), shall remain, vest in, andinure to the benefit of the existing redevelopment commission of themunicipality;

(4)        All rentals, taxes, assessments, and any other funds, charges,or fees owing to the housing authority or owing to the municipality ashereinabove provided in subsections (a) or (b), shall be owed to and collectedby the existing redevelopment commission of the municipality;

(5)        Any actions, suits, and proceedings pending against orhaving been instituted by the housing authority or the municipality, or towhich the municipality has become a party as hereinabove provided insubsections (a) or (b), shall not be abated by such abolition but all suchactions, suits, and proceedings shall be continued and completed in the samemanner as if abolition had not occurred, and the existing redevelopmentcommission of the municipality shall be a party to all such actions, suits, andproceedings in the place and stead of the housing authority or themunicipality, and shall pay or cause to be paid any judgments rendered in suchactions, suits, or proceedings, and no new processes need be served in suchaction, suit, or proceeding;

(6)        All obligations of the housing authority or themunicipality  as hereinabove provided in subsections (a) or (b), includingoutstanding indebtedness, shall be assumed by the existing redevelopmentcommission of the municipality; and all such obligations and outstandingindebtedness shall be constituted obligations and indebtedness of the existingredevelopment commission of the municipality;

(7)        All ordinances, rules, regulations, and policies of thehousing authority or the municipality as hereinabove provided in subsections(a) or (b), shall continue in full force and effect until repealed and amendedby the existing redevelopment commission of the municipality.

(d)        A redevelopment commission designated by the governing bodyof any municipality to exercise the powers, duties and responsibilities of a housingauthority shall, when exercising the same, do so in accordance with Chapter 157of the General Statutes. Otherwise the redevelopment commission shall continueto exercise the powers, duties and responsibilities of a redevelopmentcommission in accordance with Article 37 of Chapter 160 of the GeneralStatutes. (1969, c. 1217, s.2; 1971, c. 116, ss. 3, 4.)