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Sub. S. B. No. 18 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Senator Coughlin
A BILL
To amend section 3735.27 of the Revised Code to change
the composition of certain metropolitan housing
authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3735.27 of the Revised Code be
amended to read as follows:
Sec. 3735.27. (A) Whenever the director of development
has
determined that there is need for a housing authority in any
portion of any county that comprises two or more political
subdivisions or portions
thereof
of two or more political
subdivisions but is less than all the
territory within the county,
a metropolitan housing authority
shall be declared to exist, and
the territorial limits
thereof
of the authority shall be defined,
by a letter from the director. The director
shall issue a
determination from the department of development
declaring that
there is need for a housing authority within
such
those
territorial limits
after finding either
of the following: (1) Unsanitary or unsafe inhabited housing accommodations
exist in
such
that area; (2) There is a shortage of safe and sanitary housing
accommodations in
such
that area available to persons who lack the
amount of income
which
that is necessary, as determined by the
director, to enable them, without financial assistance, to live
in
decent, safe, and sanitary dwellings without congestion. In determining whether dwelling accommodations are unsafe
or
unsanitary, the director may take into consideration the degree
of
congestion, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of
such
the
dwelling
accommodations, the size and arrangement of
the rooms,
the
sanitary facilities, and the extent to which conditions exist
in
such buildings which
the dwelling accommodations that endanger
life or property by fire or other
causes. The territorial limits of a
metropolitan housing authority,
as defined by
the
director,
under this division shall be fixed for
such
the authority upon proof of a
letter
from the director
declaring the need for
such
the authority to
function in those
territorial limits. Any such letter from the
director, any
certificate of determination issued by the
director,
and any
certificate of appointment of members of the
authority
shall be
admissible in evidence in any suit, action, or
proceeding. A certified copy of the letter from the director, declaring
the existence
of a metropolitan housing authority and
boundaries
the territorial limits of
a
its metropolitan housing authority
district,
shall be
immediately forwarded to each appointing
authority. A
metropolitan housing authority shall consist of
five
members, who
shall be
residents of the territory embraced in
such
metropolitan
housing
authority
its district. (B)(1) Except as otherwise provided in division (C)
of
this
section,
one member
the members of a metropolitan housing
authority shall be
appointed
as follows: (a)(i) In a district in a county in which a charter has been adopted under Article X, Section 3 of the Ohio Constitution, and in which the most populous city is not
the city with the largest ratio of housing units owned or managed
by the authority to population, one member shall be appointed by
the probate court, one
member
shall be appointed by
the court of
common pleas, one member
shall be appointed by the
board of
county
commissioners,
and two members
one member shall be
appointed by
the chief executive
officer of the
city that has the largest ratio
of housing units owned or managed by the authority to population,
and two members shall be appointed by the chief executive officer
of the most populous city
in the
territory included in
the
district, in accordance with the last preceding
federal
census.
At (ii) If, in a district that appoints members pursuant to
division (B)(1)(a) of this section, the most populous city becomes the city with the
largest ratio of housing units owned or managed by the authority
to population, when the term of office of the member who was
appointed by the chief executive officer of the city with the
largest ratio expires, that member shall not be reappointed, and
the membership of the authority shall be as described in division
(B)(1)(b) of this section.
(b) In any district other than one described in division
(B)(1)(a) of this section, one member shall be appointed by the
probate court, one member shall be appointed by the court of
common pleas, one member shall be appointed by the board of county
commissioners, and two members shall be appointed by the chief
executive officer of the most populous city in the district.
(2)
At
the time of the initial appointment of the authority,
the
member
appointed by the probate court shall be appointed for
a
period of
four years, the
appointee of
member appointed by the
court of common
pleas
shall be appointed for three
years, the
appointee of
member appointed by the board of county
commissioners
shall be appointed for two
years,
one
appointee of the
member
appointed by the chief executive
officer
of the most populous city
in the district shall be appointed for one year,
and
one appointee
of the
other member appointed by the chief executive
officer
of
the most populous city
in the district shall be
appointed for five
years.
Thereafter If appointments are made under division (B)(1)(a) of this
section, the member appointed by the chief executive officer of
the city in the district that is not the most populous city, but
that has the largest ratio of housing units owned or managed by
the authority to population, shall be appointed for five years. After the initial appointments, all members of the authority
shall
be appointed for
five-year terms, and vacancies due to
expired
terms any vacancy occurring upon the expiration of a term shall be filled
by the same appointing powers authority that made the initial appointment.
(3) For purposes of this division, population shall be
determined according to the last preceding federal census.
(C) For any metropolitan housing authority district that
contained, as of the 1990 federal census, a population of
at least
one million, two members of the
authority shall be
appointed by
the
municipal legislative
authority of the most
populous city in
the
territory included in
the district, two
members
shall be
appointed by the chief
executive officer of the
most populous city
in the
territory
included in the district, and
one member
shall be
appointed by the
chief executive
officer, with the approval of
the
municipal
legislative authority,
of the city in the district
which
that has the
second highest number of
housing units owned or
managed by the
authority. At the time of the initial appointment of the authority,
one
member appointed by the
municipal legislative authority of
the
most populous city in the
territory included in the district
shall
be appointed for three years, and one
such member shall be
appointed for one year; the
appointee
of
member appointed by the
chief executive officer of the city with the
second highest
number
of housing units owned or managed by the
authority shall be
appointed, with the approval of the
municipal
legislative
authority, for three years;
and one
appointee of
member appointed
by
the
chief executive
officer of the most populous city in the
district
shall be
appointed for three years, and one
such member
shall be appointed for one year.
Thereafter, all
members of the
authority shall be appointed for
three-year terms,
and any vacancy
shall be filled by the same
appointing power authority that
made the initial
appointment. At the
expiration of the term of
any member
appointed by the chief
executive officer of the most
populous city
in the
territory
included in the district prior to before
March 15, 1983,
the chief
executive officer of the most populous
city in the
district shall
fill the vacancy by appointment for a
three-year
term. At the
expiration of the term of any member
appointed by
the board of
county commissioners prior to before March 15,
1983, the
chief executive
officer of the city in the district with
the
second highest
number of housing units owned or managed by the
authority shall,
with the approval of the municipal legislative
authority, fill
the vacancy by appointment for a three-year term.
At the
expiration of the term of any member appointed prior to before
March 15,
1983, by the court of common pleas or the probate court,
the
legislative authority of the most populous city in the
territory
included in the district shall fill the vacancy by
appointment
for a three-year term. After March 15, 1983, at least one of the members appointed
by the chief executive officer of the most populous city shall be
a resident of a dwelling unit owned or managed by the
housing
authority. At least one of the initial appointments by the chief
executive officer of the most populous city, after March 15,
1983,
shall be a resident of a dwelling unit owned or managed by
the
housing authority. Thereafter, any member appointed by the
chief
executive officer
of the most populous city for the term
established by this initial
appointment, or for any succeeding
term thereof, shall be a
person
who resides in a dwelling unit
owned or managed by the
housing
authority. If there is an
elected, representative body
of all
residents of the
housing
authority,
then the chief
executive
officer
of the most populous
city shall, whenever there is a vacancy in this
resident term,
provide written notice of the vacancy to the
representative body.
If the representative body submits to the
chief executive officer
of the most populous city,
in writing and within sixty days after
the date on which it was
notified of the vacancy, the names of at
least five residents of
the
housing authority who are willing and
qualified to serve as a
member,
then the chief executive officer
of the most populous city shall appoint to the
resident term one
of the residents
recommended by the
representative body. At no
time shall
residents constitute a
majority of the members of the
authority. (D) Public officials, other than the officers having the
appointing power authority under this section, shall be eligible to serve
as
members, officers, or employees of
the
a metropolitan housing
authority
notwithstanding any statute, charter, or law to the
contrary.
Not
more than two such public officials shall be members
of the
authority at any one time. All members of
such housing
an authority shall serve without
compensation but shall be entitled to be reimbursed for all
necessary expenses incurred.
After such After a metropolitan housing authority district
has been
is
formed,
the director may enlarge the territory within
such
the
district to
include other political subdivisions, or portions
thereof
of other political subdivisions, but the
territorial
limits of
which
the district shall be less than
that of the
county.
(E)(1) Any vote taken by a metropolitan housing authority
shall require a majority affirmative vote to pass. A tie vote
shall constitute a defeat of any measure receiving equal numbers
of votes for and against it.
(2) The members of a metropolitan housing authority shall
act in the best interest of the district and shall not act solely
as representatives of their respective appointing authorities.
Section 2. That existing section 3735.27 of the Revised Code
is hereby repealed.
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