Idaho State Statutes - Idaho Attorney Directory

In any county of the state of
Idaho, there may be created an independent public body corporate and politic
to be known as a housing authority, which shall not be an agency of the
county; provided, however, that such authority shall not transact any business
or exercise its powers hereunder until or unless the governing body of the
county, by proper resolution, shall declare, at any time hereafter, that there
is need for an authority to function in such county. The determination as to
whether or not there is such need for an authority to function (a) may be made
by the governing body on its own motion or (b) shall be made by the governing
body upon the filing of a petition signed by twenty-five (25) residents of the
county asserting that there is need for an authority to function in such
county and requesting that the governing body so declare.
The governing body shall adopt a resolution declaring that there is need
for a housing authority in the county if it shall find (a) that insanitary or
unsafe inhabited dwelling accommodations exist in such county or (b) that
there is a shortage of safe or sanitary dwelling accommodations in such county
available to persons of low income or rentals they can afford. In determining
whether dwelling accommodations are unsafe or insanitary, said governing body
may take into consideration the degree of overcrowding, the percentage of land
coverage, the light, air, space and access available to the inhabitants of
such dwelling accommodations, the size and arrangement of the rooms, the
sanitary facilities and the extent to which conditions exist in such building
which endanger life or property by fire or other causes.
Nothing in this act shall prevent governing bodies from jointly creating
by resolution an independent public body corporate and politic to carry out
and effectuate the purposes and provisions of this act and to serve the best
interests of their respective citizenry.
In any suit, action or proceeding, involving the validity of enforcement
of or relating to any contract of the authority, the authority shall be
conclusively deemed to have become established and authorized to transact
business and exercise its powers hereunder upon proof of the adoption of
resolution by the governing body declaring the need for the authority. Such
resolution or resolutions shall be deemed sufficient if it declares that there
is such need for an authority and finds in substantially the foregoing terms,
no further detail being necessary, that either or both of the above enumerated
conditions exist in the county. A copy of such resolution, duly certified by
the clerk, shall be admissible in evidence in any suit, action or proceeding.

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