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2006 Georgia Code - 8-3-3
8-3-3. As used in this article, the term:
(1) 'Area of operation,' in the case
of a housing authority of a city, means such city and the area
within ten miles of the territorial boundaries thereof but does not
mean any area which lies within the territorial boundaries of any
other city unless a resolution shall have been adopted by the
governing body of such other city declaring that there is a need
for the city housing authority to exercise its powers within the
territorial boundaries of said other city. No city, county,
regional, or consolidated authority shall operate in any area in
which an authority already established is operating without the
consent by resolution of the authority already operating
therein. (2) 'Authority' or
'housing authority' means any of the public corporations created by
or pursuant to this article or any amendments thereto.
(3) 'Bonds' means any bonds, notes,
interim certificates, debentures, or other obligations issued by an
authority pursuant to this article. (4) 'City' means any city in the state. 'The
city' means the particular city for which a particular housing
authority is created. (5)
'Clerk' means the clerk of the city or the clerk of the county, as
the case may be, or the officer charged with the duties customarily
imposed on such clerk. (6)
'County' means any county in the state. 'The county' means the
particular county for which a particular housing authority is
created. (7) 'Dormitory
housing project' means the construction, acquisition, remodeling,
or improving of, or the adding to, any facility for use in
connection with the housing of students at any member institution
of the University System of Georgia. (8) 'Federal government' means the United States
of America or any agency or instrumentality, corporate or
otherwise, of the United States of America. (9) 'Governing body' means, in the case of a
city, the council, commission, board of aldermen, or other
legislative body of the city, and, in the case of a county, the
judge of the probate court, the county commissioners, or other
legislative body of the county. (10) 'Housing project' means:
(A) Any work or undertaking:
(i) To demolish, clear, or remove
buildings from any slum area, including the adaptation of such area
to public purposes such as parks or other recreational or community
purposes; (ii) To provide
decent, safe, and sanitary urban or rural dwellings, apartments, or
other living accommodations for persons of low income, including
the providing of buildings, land, equipment, facilities, and other
real or personal property for necessary, convenient, or desirable
appurtenances, streets, sewers, water service, parks, site
preparation, or gardening or for administrative, community, health,
recreational, educational, welfare, or other purposes; provided,
however, that a project which is or is expected to be subject to a
private enterprise agreement shall qualify as a 'housing project'
within the meaning of this article if at least 20 percent of the
project is occupied by persons of low income; or
(iii) To accomplish a combination of
the foregoing; and (B) The
planning of the buildings and improvements; the acquisition of
property; the demolition of existing structures; the construction,
reconstruction, alteration, and repair of the improvements; and all
other work in connection therewith. (11) 'Mayor' means the mayor of the city or the
officer thereof charged with the duties customarily imposed on the
mayor. (12) 'Obligee of the
authority' or 'obligee' means any bondholder, or the trustee or
trustees for any bondholders; any lessor demising to the authority
property used in connection with a housing project, or any assignee
or assignees of such lessor´s interest or any part thereof;
and the federal government when it is a party to any contract with
the authority. (13) 'Persons
of low income' means persons or families who lack the income
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.
(13.1) 'Private enterprise
agreement' means a contract between a housing authority and a
person or entity operating for profit for: (A) The management of a housing project;
(B) The development of and the
provision of credit enhancement with respect to a housing
project; (C) The ownership of
a housing project through the for profit entity in which the
housing authority participates, either directly or indirectly
through a wholly owned subsidiary, for purposes of facilitating the
development, provision of credit enhancement, operation, or
management of such housing project in accordance with this article;
or (D) Any combination of any
of the foregoing. (14) 'Real
property' means all lands, including improvements and fixtures
thereon, and property of any nature appurtenant thereto or used in
connection therewith, and every estate, interest, and right, legal
or equitable, therein, including terms for years and liens by way
of judgment, mortgage, or otherwise, and the indebtedness secured
by such liens. (15) 'Slum'
means any area comprised predominantly of dwellings which are
detrimental to safety, health, and morals by reason of
dilapidation; overcrowding; faulty arrangement or design; lack of
ventilation, light, or sanitary facilities; or any combination of
these factors.
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