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§ 1056. Petitions and elections to discontinue the construction of additional public housing pr...

Oklahoma Statutes AnnotatedTitle 63. Public Health and Safety

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 40. Public Housing
Housing Authorities Act
63 Okl.St.Ann. § 1056
§ 1056. Petitions and elections to discontinue the construction of additional public housing projects
A. 1. Upon the filing of a petition by five percent (5%) of the qualified voters of the city or county, as the case may be, asserting there is need for limiting an authority to its existing operations and prohibiting such authority from engaging in additional projects or additions to existing projects, or upon its own motion, the governing body of that city or county, as the case may be, shall call an election of the qualified voters residing in the area of the authority for the purpose of deciding whether or not the authority shall be limited to its existing operations and prohibited from engaging in additional projects or additions to existing projects.
2. The date for such election shall be set by the governing body by resolution; provided, that such election shall be held not less than eight (8) weeks nor more than twelve (12) weeks after the date such petition is filed.
B. If a protest to such petition is filed, the burden of proving the insufficiency of such petition shall be upon the protestants. The hearing on such protest shall be held and the protest decided by the governing body within four (4) weeks after the filing thereof.
C. 1. At such election the question before the voters shall be:
Shall the Public Housing Authority of ___________ be limited to its existing operations and prohibited from engaging in additional projects or making additions to existing projects?
( ) YES
( ) NO
2. The question shall be decided by a majority of those voting thereon.
D. The authority shall be limited to its existing operations and prohibited from engaging in additional projects or additions to existing projects upon certification that a majority of those voting thereon have voted in the affirmative.
E. 1. If an authority has been so limited and prohibited as a result of such an election the filing of a petition by five percent (5%) of the qualified voters of the city or county, as the case may be, asserting that there is a need for restoring the power of an authority to engage in additional projects and additions to existing projects, the governing body shall, by resolution, call an election of the qualified voters residing in the area of the authority for the purpose of deciding whether such power shall be restored.
2. Such election shall be held not less than eight (8) weeks nor more than twelve (12) weeks after the date such petition is filed.
3. If a protest to such petition is filed, the burden of proving the insufficiency of such petition shall be upon the protestants. The hearing on such protest shall be held and the protest decided by the governing body within four (4) weeks after the filing thereof.
4. At such election the question before the voters shall be:
a. Shall the power of the Public Housing Authority of ______ to engage in additional projects and to make additions to existing projects be restored?
( ) YES
( ) NO
b. The question shall be decided by a majority of those voting thereon.
F. No election under subsection C or E of this section shall be called or held within twelve (12) months after the last election thereunder.
G. A public housing authority whose powers have been limited by an election held pursuant to this section prior to November 1, 1998, shall have its powers fully restored by operation of law if a period of at least fifteen (15) years has elapsed from the date the election results were certified.

Credits

Laws 1965, c. 251, § 6, emerg. eff. June 18, 1965; Laws 1998, c. 99, § 1, eff. Nov. 1, 1998.
63 Okl. St. Ann. § 1056, OK ST T. 63 § 1056
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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