(a) No governing body of a city or other municipality shall adopt a resolution as provided in § 13-20-415 or § 13-20-503 declaring that there is a need for a housing authority, other than a housing authority established by such municipality, to exercise its powers within such municipality, unless a public hearing has first been held by the governing body and unless the governing body has found in substantially the following terms:

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Terms Used In Tennessee Code 13-20-416

  • City: means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder. See Tennessee Code 13-20-102
  • Council: means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city. See Tennessee Code 13-20-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governing body: means the council of any city. See Tennessee Code 13-20-102
  • housing authority: means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth. See Tennessee Code 13-20-102
  • Municipality: means any city, town, or village or other municipality in the state. See Tennessee Code 13-20-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Persons of low income: means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding. See Tennessee Code 13-20-102
(1) Unsanitary or unsafe inhabitated dwelling accommodations exist in such municipality or there is a shortage of safe or sanitary dwelling accommodations in such municipality available to persons of low income at rentals they can afford; and
(2) These conditions can be best remedied through the exercise of the aforementioned housing authority’s powers within the territorial boundaries of such municipality;

provided, that such findings shall not have the effect of thereafter preventing such municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority. The clerk, or the officer with similar duties, of the city or other municipality shall give notice of the public hearing, and such hearing shall be held in the manner provided in § 13-20-402 for a public hearing by a council to determine the need for a housing authority in the city.

(b) During the time that, pursuant to these findings, a housing authority has outstanding, or is under contract to issue, any evidence of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within such municipality without the consent of the housing authority which has such outstanding indebtedness or obligation.
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