Arizona Laws 36-1403. Powers of municipalities
A. Every public housing authority, city, town and county, in addition to other powers conferred by this article, may:
Terms Used In Arizona Laws 36-1403
- Area of operation: includes all the territory of a city, town or county. See Arizona Laws 36-1401
- Bequest: Property gifted by will.
- Bonds: means bonds, notes, interim certificates, debentures or other obligations issued by a public housing authority, city, town or county pursuant to this article. See Arizona Laws 36-1401
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Devise: To gift property by will.
- Federal government: includes the United States, the United States department of housing and urban development or any other agency or instrumentality, corporate or otherwise, of the United States. See Arizona Laws 36-1401
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the board of commissioners of a public housing authority, the common council or other legislative body of the city or town or the county board of supervisors. See Arizona Laws 36-1401
- housing authority: means an agency of a city, town or county created and controlled pursuant to this article. See Arizona Laws 36-1401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Persons of low income: means persons or families who lack the amount of income that is necessary, as determined by the public housing authority, city, town or county undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. See Arizona Laws 36-1401
- Property: includes both real and personal property. See Arizona Laws 1-215
1. Within its area of operation prepare, carry out, acquire, purchase, lease, construct, reconstruct, improve, alter, extend or repair any housing project or projects or part of these projects, and operate and maintain the project or projects. For any such purpose the governing body of the public housing authority, city, town or county may appropriate money and authorize the use of any property of the public body.
2. Purchase its bonds issued pursuant to this article at a price not exceeding the principal amount of the bonds and accrued interest for the purpose of canceling these bonds.
3. Lease or rent dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in a housing project and, subject to the limitations of this article, establish, collect and revise the rents or charges.
4. Own, hold and improve real or personal property.
5. Purchase, lease, obtain options on and acquire by gift, grant, bequest, devise or otherwise any real or personal property or any interest in that real or personal property.
6. Acquire by the exercise of the power of eminent domain any real property.
7. Sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or interest in that real or personal property.
8. Procure or agree to the procurement of insurance or guarantees from the federal government of the payment of bonds or parts of bonds that are issued pursuant to this article, including the power to pay premiums on that insurance.
9. Except for federal lands or lands that belong to a registered Indian tribe, enter on any lands, buildings or property for the purpose of making surveys, soundings and examinations in connection with the planning or construction, or both, of a housing project.
10. Insure or provide for insurance for housing projects of the public housing authority, city, town or county against such risks as the governing board, council or commission of the public housing authority, city, town or county deems advisable.
11. Arrange or contract for furnishing by a person, company or agency, public or private, of services, privileges, works or facilities for or in connection with a housing project or the occupants of a housing project and include in any construction contract let in connection with a housing project stipulations requiring the contractor and subcontractors to comply with employment requirements, including those in the constitution and laws of the state, as to minimum wages and maximum hours of labor, and with any conditions that the federal government attaches to its financial aid to the project.
12. Within its area of operation:
(a) Investigate living, dwelling and housing conditions and the means and methods of improving such conditions.
(b) Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income.
(c) Make studies and recommendations relating to the problem of clearing, planning, designing and reconstructing blighted areas, and the problem of providing dwelling accommodations for persons of low income, and cooperate with the state or any political subdivision of this state in actions taken in connection with these problems.
(d) Engage in research, studies and experimentation on the subject of housing.
13. Exercise all or any part or combination of powers granted by this article.
B. A county shall not initiate a housing project within the boundaries of a city or town unless authorized by resolution of the governing body of the city or town.
C. To obtain low income tax credits, a county, city, town or public housing authority may, pursuant to section 11-952, jointly exercise powers prescribed in this article, including the joint submission of an application for low income tax credits for one or more projects, on a cooperative basis with one another or may jointly form a nonprofit corporation that may exercise the powers prescribed in this article.
D. A public housing authority established pursuant to this article shall be a tax-levying public improvement district for all the purposes of article XIII, section 7 of the constitution of Arizona and has the powers, privileges and immunities specifically granted by law, provided that a public housing authority may not levy or otherwise charge a tax or other assessment against the taxpayers of the jurisdiction establishing the public housing authority.