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ELMER L. SHULTZ. CHAIRMAN
MILLIKEN
TOM V. REED. CHAIRMAN PRO TEM
GREELEY
MILLARD H. EWING, MEMBER
FORT LUPTON
SAMUEL S. TELEP
COUNTY ATTORNEY
ANN SPOMER, COUNTY CLERK
AND CLERK OF BOARD
PHONE ELGIN 3.2212 EXT 21
OFFICE or THE BOARD OF COUNTY COMMISSIONERS
TO: Board of County Commissioners
RE: Housing Authority of Weld Co'Itty
October 31, 1969
Pursuant to your request, investigation of the facts and circumstances
relative to the creation and administration of the Weld County Housing
Authority, I find as follows:
On petition to the Board of County Commissioners, and after hearing,
the Board of County Commissioners found and declared that a Weld
County Housing Authority was needed, and created same. By Order,
five commissioners were appointed to the newly created Weld County
Housing Authority, and so certified to the Secretary of State.
Thereafter and to the present time the Weld County Board of County
Commissioners have no power whatsoever relative to the Housing
Authority, except to fill vacancies to the Housing Authority Board.
On or about July 1, 1951, the Federal Public Housing Authority deeded
to the local Housing Authority all of the real estate, including the
buildings thereon, to provide housing for persons of low income.
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A Housing Authority "constitutes a public body, corporate and politic,
exercising governmental functions necessary and convenient to carry out
its purposes, with all the powers of a city housing authority, to manage
and operate its project, to fix rentals for dwelling accomodations, at
low rates consistent with providing adequate dwelling accomodations for per-
sons of lour income. 11
The creation of the Weld County Housing Authority is based on the
Colorado Housing Authorities Act. It is not an agency of Weld County.
(Stokes vs. Newton, 106 Colorado 61-67). The Weld County Housing
Authority has no power to levy and collect taxes and assessments, and
its property is exempt from all taxes.
Unless there is some instrument or instruments to the contrary, it is
my opinion that upon abandonment of this property by the local housing
authority, the title reverts to U. S. A.
690306
WELD C°I "^'ERS
RECEI . L=am
N0V5 1969
Itr ter!
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Attached herewith find copies of contract between the local county
authority with U. S. A.
Unless I can find some information to the contrary, it is my further
opinion that said contract and any ownership created thereby is non -
assignable, and is terminable upon the local housing authority giving
notice to the Public Housing Administration in Washington, D.C.
The above information and opinion is given in response to the many
questions that have been presented to you from time to time as the
Board of County Commissioners of Weld County, Colorado.
V_e�y ruly yours
-17
Samuel S. Telep
County Attorney
SST:jo
Encl.
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