HOUSING AUTHORITY LAW

Memphis Charter art. 79

in effect

Memphis Charter, art. 79, § 894 Definitions.

Sec. 894. - Definitions. The following terms, wherever used or referred to in this Act shall have the following respective meanings, unless a different meaning clearly appears from the context: (1) "Authority" or "housing authority" shall mean a public body and a body corporate and politic organized in accordance with the provisions of this Act for the purposes, with the powers and subject to the restrictions hereinafter set forth. (2) "City" shall mean the City of Memphis. (3) "Board" shall mean the Board of Commissioners charged with governing the City of Memphis. (4) "Comptroller" and "Mayor" shall mean the Comptroller and Mayor, respectively, of the City or the officers thereof charged with the duties customarily imposed on the Comptroller and Mayor, respectively. (5) "Commissioner" shall mean one of the members of the authority appointed in accordance with the provisions of this Act. (6) "Government" shall include the State and Federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. (7) "State" shall mean the State of Tennessee. (8) "Federal government" shall include the United States of America, the Federal Emergency Administration of Public Works, or any agency, instrumentality, corporate or otherwise, of the United States of America. (9) "Housing project" shall include all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking (a) to demolish, clear, remove, alter or repair unsanitary or unsafe housing, and/or (b) to provide safe and sanitary dwelling accommodations for persons of low income. The term "housing project" may also be applied to the planning of the buildings and improvements, the acquisition of the property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. (10) "Community facilities" shall include real and personal property, and buildings and equipment for recreational or social assemblies, for educational, health or welfare purposes and necessary utilities, when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations. (11) "Bonds" shall mean any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this Act. (12) "Mortgage" shall include deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof. (13) "Trust indenture" shall include instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof. (14) "Contract" shall mean any agreement of the authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument. (15) "Real property" shall include lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. (16) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of such lessor's interest or any part thereof, and the United States of America, when it is a party to any contract with the Authority. (17) "Persons of low income" shall mean persons or families who lack the amount of income which is 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. (Priv. Acts 1935, ch. 615, § 28; Priv. Acts 1937, ch. 900, § 1)

Memphis Charter, art. 79, § 895 Short title.

Sec. 895. - Short title. This Act may be referred to as the Memphis Housing Authority Law. (Priv. Acts 1935, ch. 615, § 2)

Memphis Charter, art. 79, § 896 Necessity for law.

Sec. 896. - Necessity for law. It is declared that unsanitary or unsafe dwelling accommodations exist in the City of Memphis, Shelby County, Tennessee, and that such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor condition of the buildings, improper planning, excessive land coverage, lack of proper light, air and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes; that many persons of low income are forced to reside in unsanitary or unsafe dwelling accommodations; that there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants thereof and that consequently many persons of low income are forced to occupy overcrowded and congested dwelling accommodations; that these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the citizens and impair economic values; that these conditions cannot be remedied by the ordinary operations of private enterprises; that the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired; that it is in the public interest that work on such projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provision hereinafter enacted, is hereby declared as a matter of legislative determination. (Priv. Acts 1935, ch. 615, § 3)

Memphis Charter, art. 79, § 897 Board of Commissioners to determine need for authority; factors to be considered.

Sec. 897. - Board of Commissioners to determine need for authority; factors to be considered. The Board of Commissioners of the City of Memphis shall have authority to determine whether there is need for an authority to function in the City of Memphis, and in so determining, shall consider (1) Whether unsanitary or unsafe inhabited dwelling accommodations exist in the City. (2) Whether there is a lack of safe or sanitary dwelling accommodations in the City available for all the inhabitants thereof. In determining whether dwelling accommodations are unsafe or unsanitary, the council [Board of Commissioners] shall take into consideration the following: the physical condition and age of the buildings; the degree of overcrowding; the percentage of land coverage; the light and air 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 buildings which endanger life or property by fire or other causes. (Priv. Acts 1935, ch. 615, § 4)

Memphis Charter, art. 79, § 898 Adoption of resolution embodying decision; appointment of commissioners.

Sec. 898. - Adoption of resolution embodying decision; appointment of commissioners. If it shall determine that either or both of the above enumerated conditions exist, the Board of Commissioners of the City of Memphis shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall cause notice of such determination to be given to the Mayor who shall thereupon appoint, as hereinafter provided, five commissioners to act as an authority, and who shall be known as the Memphis Housing Authority. Said commission shall be a public body and a body corporate and politic upon the completion of the taking of the following proceedings. (Priv. Acts 1935, ch. 615, § 4)

Memphis Charter, art. 79, § 899 Application for incorporation.

Sec. 899. - Application for incorporation. The commissioners shall present to the Secretary of the State an application signed by them, which shall set forth (without any detail other than the mere recital) (1) that the Mayor has appointed them as commissioners; (2) the name, and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this Act; (3) the term of office of each of the commissioners; (4) the name which is proposed for the corporation; and (5) the location of the principal office of the proposed corporation. The application shall be subscribed and sworn to by each of said commissioners before an officer authorized by the laws of the State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's presence. The Secretary of State shall examine the application and if he finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this State or so nearly similar as to lead to confusion and uncertainty, he shall receive and file it and shall record it in an appropriate book of record in his office. (Priv. Acts 1935, ch. 615, § 4)

Memphis Charter, art. 79, § 900 Certificate of incorporation.

Sec. 900. - Certificate of incorporation. When the application has been made, filed and recorded, as herein provided, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application; the Secretary of State shall make and issue to the said commissioners, a certificate of incorporation pursuant to this Act, under the seal of the state, and shall record the same with the application. (Priv. Acts 1935, ch. 615, § 4)

Memphis Charter, art. 79, § 901 Boundaries of authority.

Sec. 901. - Boundaries of authority. A. City of Memphis. The boundaries of the authority shall include all territory within the corporate limits of the City of Memphis. B. Shelby County. (a) Upon adoption of an ordinance by the Shelby County Board of Commissioners as provided in paragraph (b) below, the authority is authorized and empowered to exercise and operate its governmental or corporate activities or functions for and on behalf of Shelby County and within the boundaries thereof outside the City of Memphis, provided, however, that the authority shall not be authorized to exercise its powers or functions in any City or municipality other than the City of Memphis located within the boundaries of Shelby County unless an ordinance declaring that there is a need for the authority to exercise its powers within such City or municipality and containing similar provisions as those applicable to Shelby County in paragraph (b) below shall have been adopted by the governing body of such City or municipality, such governing body to then have the same rights and privileges as to its community as the other governing bodies are granted in subparagraph (b)(6) below and the authority to then be deemed authorized to exercise and operate its governmental and corporate activities for such City or municipality. (b) Upon adoption of an ordinance by the Shelby County Board of Commissioners declaring that there is a need for only one housing authority to operate in Memphis and Shelby County, that the authority (Memphis Housing Authority) is designated as the housing authority to so operate, that such authority is delegated and granted all the necessary and convenient powers and attributes of the County to carry on and exercise any and all functions of a housing authority in this State for public purposes and in the public interest as permitted and allowed under the housing authority law and under the Charter of the City of Memphis, and that the provisions and action set forth below in subparagraphs (1) through (6) and Section 907 of the Charter of the City of Memphis as hereafter clarified are approved and adopted by the Shelby County Board of Commissioners, the authority shall be deemed authorized and empowered as provided in paragraph (a) above to exercise and operate its governmental and corporate activities for and on behalf of Shelby County and within its boundaries outside the City of Memphis and outside the boundaries of other cities and municipalities located in Shelby County, and the following provisions shall be in force and effect: (1) That the Shelby County Housing Authority is directed to transfer all of its property (real, personal, mixed or of whatever kind or character) and to assign all its contracts, choses in action, and rights of any other kind or character to the authority, which shall be accomplished with reasonable expedition, provided that, if there are any bonds and notes outstanding against Shelby County Housing Authority, the holders thereof shall first consent in writing to the substitution of the authority in lieu of Shelby County Housing Authority on all such bonds or notes. (2) That the authority shall be responsible for all debts, liabilities, and obligations of the Shelby County Housing Authority. (3) That the authority shall commence its functions on behalf of Shelby County with reasonable expedition. (4) The Shelby County Housing Authority shall be deemed dissolved upon compliance with the provisions of subparagraph (2) above. (5) The cooperation agreement now in existence between Shelby County and the Shelby County Housing Authority shall be deemed to continue in effect as between the authority and Shelby County, with the authority succeeding to the rights of the Shelby County Housing Authority under such cooperation agreement. (6) That whenever a public hearing is required by Section 13-20-104 of the Tennessee Code Annotated, such public hearing shall be held by the Shelby County Board of Commissioners when the proposed project is located outside the City of Memphis and by the City Council of the City of Memphis when the proposed project is located in such City, the Shelby County Board of Commissioners being authorized to approve public housing project plans located in the County outside of the City of Memphis and the City Council of the City of Memphis being authorized to approve public housing plans located in the City of Memphis. (Acts 1879, ch. 11; Priv. Acts 1935, ch. 615, § 4; Ord. No. 3793, § 1(1), 8-9-1988)

Memphis Charter, art. 79, § 902 Presumption of establishment of authority in accord with Act, etc.

Sec. 902. - Presumption of establishment of authority in accord with Act, etc. In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this Act upon proof of the issuance of the aforesaid certificate by the secretary of State. A copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action or proceeding, and shall be conclusive proof of the filing and contents thereof. (Priv. Acts 1935, ch. 615, § 4)

Memphis Charter, art. 79, § 903 Composition of authority; appointment; Chairman; term; vacancies; quorum; compensation; employment of officers; agents and employees.

Sec. 903. - Composition of authority; appointment; Chairman; term; vacancies; quorum; compensation; employment of officers; agents and employees. The authority shall consist of five commissioners appointed by the Mayor and he shall designate the first Chairman. The commissioners who are first appointed shall be designated by the Mayor to serve for terms of one, two, three, four and five years respectively from the date of their appointment. Thereafter, the term of office shall be five years. A commissioner shall hold office until his successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term. Three commissioners shall constitute a quorum. The Mayor shall file with the Comptroller a certificate of the appointment or reappointment of any commissioner and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services but he shall be entitled to the necessary expenses including traveling expenses incurred in the discharge of his duties. When the office of the first Chairman of the authority becomes vacant, the authority shall select a Chairman from among its members. The authority shall select from among its members a Vice-Chairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The authority may employ its own counsel and legal staff. The authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. (Priv. Acts 1935, ch. 615, § 5; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 79, § 904 Duty to comply with Act and contracts.

Sec. 904. - Duty to comply with Act and contracts. The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this Act, and in addition thereto, with each and every term, provision and covenant in any contract of the authority on its part to be kept or performed. (Priv. Acts 1935, ch. 615, § 6)

Memphis Charter, art. 79, § 905 Commissioners and employees to have no interest in project.

Sec. 905. - Commissioners and employees to have no interest in project. No commissioner or employee of the authority shall acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, nor shall he have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If any commissioner or employee of the authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he shall immediately disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interests shall constitute misconduct in office. (Priv. Acts 1935, ch. 615, § 7)

Memphis Charter, art. 79, § 906 Removal of commissioners.

Sec. 906. - Removal of commissioners. The Mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner shall have been given a copy of the charges against him (which may be made by the Mayor) at least ten (10) days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. Any obligee of the authority may file with the Mayor written charges that the authority is violating wilfully any laws of the State or any term, provision or covenant in any contract to which the authority is a party. The Mayor shall give each of the commissioners a copy of such charges at least ten days prior to the hearing thereon and an opportunity to be heard in person or by counsel and shall within fifteen days after receipt of such charges remove any commissioners of the authority who shall have been found to have acquiesced in any such wilful violation. A commissioner shall be deemed to have acquiesced in a wilful violation by the authority of a law of this State or of any term, provision or covenant contained in a contract to which the authority is a party, if before a hearing is held on the charges against him, he shall not have filed a written statement with the authority of his objections to, or lack of participation in such violation. In the event of the removal of any commissioner, the Mayor shall file in the office of the Comptroller a record of the proceedings together with the charges made against the commissioners and the findings thereof. (Priv. Acts 1935, ch. 615, § 8; Priv. Acts 1937, ch, 123, § 18)

Memphis Charter, art. 79, § 907 Powers of authority generally.

Sec. 907. - Powers of authority generally. The authority shall constitute a public body and body corporate and politic, exercising public powers, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including the following powers in addition to others herein granted: To investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where unsafe, or unsanitary dwelling or housing conditions exists; to study and make recommendations concerning the plan within the boundaries of the City in relation to the problem of clearing, replanning and reconstruction of areas in which unsafe, or unsanitary dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of low income, and to cooperate with the City; to prepare, carry out and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof; to act as agent of the Federal Government in connection with the acquisition, construction, operation and/or management of a housing project or any part thereof; to provide and maintain parks and sewerage, water and other facilities adjacent to or in connection with housing projects, and to lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures or facilities embraced in any housing project and to establish and revise the rents or charges therefor; to enter upon any building or property in order to conduct investigations or to make surveys or soundings; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, device, or otherwise any property real or personal or any interest therein from any person, firm, corporation, City, municipality, or government; to acquire by eminent domain any real property, including improvements and fixtures thereon; to sell, exchange, transfer, assign, or pledge any property real or personal or any interest therein to any person, firm, corporation, municipality, City, or government; to own, hold, clear and improve property; to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable; to procure insurance or guarantees from a [the] Federal Government of the payment of any debts or parts thereof secured by mortgages made or held by the authority or any property included in any housing project; to borrow money upon its bonds, notes, debentures or other evidences of indebtedness and to secure the same by pledges of its revenues, and (subject to the limitations hereinafter imposed) by mortgages upon property held or to be held by it, or in any other manner; in connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof or to undertake additional housing projects; in connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this Act; to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; to make and from time to time amend and repeal by-laws, rules and regulations not inconsistent with this Act, to carry into effect the powers and purposes of the authority; to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are out of the State or unable to attend before the authority, or excused from attendance; and to make available to such agencies, boards or commissions as are charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare. Any of the investigations or examinations provided for in this Act may be conducted by the authority or by a committee appointed by it, consisting of one or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits and issue subpoenas or commissions. The authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate, including any corporation or corporations which are or shall be formed under the laws of this state, and for such purposes an authority may cause one or more corporations to be formed under the laws of this State or may acquire the capital stock of any corporation or corporations. Any corporate agent, all of the stock of which shall be owned by the authority or its nominee or nominees, may to the extent permitted by law exercise any of the powers conferred upon the authority herein. In addition to all of the other powers herein conferred upon it, the authority may do all things necessary and convenient to carry out the powers expressly given in this Act. No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to the authority unless the legislature shall specifically so state. Notwithstanding anything to the contrary contained in this Act or in any other provision of law, the authority may include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractor comply with requirements as to minimum wages and maximum hours of labor and comply with any conditions which the Federal Government may have attached to its financial aid of the project. In addition to its rights, powers and privileges granted to the authority in this section and in other sections of this article and elsewhere, the authority is granted the rights, powers, privileges, immunities, and limitations of a housing authority organized in accordance with the provisions of the "Housing Authority Law" of the State of Tennessee (to-wit: Section 13-20-101 et seq., of the Tennessee Code Annotated) that such law presently grants to such housing authorities and that such law may hereafter grant to housing authorities by amendment thereto, it being further clarified and provided that the authority is a governmental entity under Section 29-20-101 et seq., of the Tennessee Code Annotated and is governed by the provisions of such statute and that the immunities provided commissioners, supervisors, and employees under Sections 29-20-201 and 29-20-310 of the Tennessee Code apply to the commissioners, supervisors and employees of the authority. (Priv. Acts 1935, ch. 615, § 9; Priv. Acts 1937, ch. 900; Ord. No. 3793, § 1(2), 8-9-1988)

Memphis Charter, art. 79, § 908 Power as to eminent domain.

Sec. 908. - Power as to eminent domain. The authority shall have the right to acquire by eminent domain any property real or personal which it may deem necessary to carry out the purposes of this Act after the adoption by it of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use. The authority may exercise the power of eminent domain pursuant to the provisions of either: (a) Sections 3109 to 3134 of the Code of Tennessee of 1932,* and any amendments thereto; or (b) Pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, provided that no property belonging to the City or the government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal, if any there be, having regulatory power over such corporation. (Priv. Acts 1935, ch. 615, § 10)

Memphis Charter, art. 79, § 909 Power to convey title or deliver possession.

Sec. 909. - Power to convey title or deliver possession. The authority may acquire by purchase or by the exercise of its power of eminent domain as aforesaid, any property real or personal for any housing project being constructed or operated by a government. The authority upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project. (Priv. Acts 1935, ch. 615, § 11)

Memphis Charter, art. 79, § 910 Projects subject to zoning and building laws, etc.

Sec. 910. - Projects subject to zoning and building laws, etc. All housing projects of the authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations of the City of Memphis. (Priv. Acts 1935, ch. 615, § 12)

Memphis Charter, art. 79, § 911 Bond issues generally.

Sec. 911. - Bond issues generally. The authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. The authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable from income and revenues of the authority and from grants or contributions from the Federal Government or other source. Such income and revenues securing the bonds may be: (a) Exclusively the income and revenues of the housing project financed in whole or in part with the proceeds of such bonds; (b) Exclusively the income and revenues of certain designated housing projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or (c) The income and revenues of the authority generally. Any such bonds may be additionally secured by a pledge of any income or revenues of the authority or in certain instances as hereinafter provided, may be additionally secured by a mortgage of any housing project, projects or other property of the authority. Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the authority (and such bonds and obligations shall so state on their face) shall not be a debt of the City and neither shall the City be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the authority. The bonds shall not constitute an indebtedness against the City within the meaning of any constitutional, statutory or charter debt limitation or restriction. Bonds may be issued under this Act notwithstanding any debt or other limitation prescribed by any statute. (Priv. Acts 1935, ch. 615, § 13; Priv. Acts 1939, ch. 235, § 2)

Memphis Charter, art. 79, § 912 Maturity; interest; denominations; redemption; etc., of bonds.

Sec. 912. - Maturity; interest; denominations; redemption; etc., of bonds. The bonds of the authority shall be authorized by its resolution and shall be issued in one or more series and shall bear such date or dates, mature at such time or times, not exceeding 60 years from their respective dates, bear interest at such rate or rates, not exceeding six percent (6%) per annum payable semi-annually, be in such denominations (which may be made interchangeable), be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution or its trust indenture or mortgage may provide. (Priv. Acts 1935, ch. 615, § 14)

Memphis Charter, art. 79, § 913 Notice of bond sale; selling price for bonds.

Sec. 913. - Notice of bond sale; selling price for bonds. The bonds may be sold at public sale held after notice published once at least ten days prior to such sale in a newspaper having a general circulation in the City and in a financial newspaper published in the City of New York, New York, or in the City of Chicago, Illinois, provided, however, that such bonds may be sold to the Federal Government at private sale without any public advertisement. The bonds may be sold at such price or prices as the authority shall determine provided that the interest cost to maturity of the money received for any issue of said bonds shall not exceed six percent (6%) per annum. (Priv. Acts 1935, ch. 615, § 14)

Memphis Charter, art. 79, § 914 Interim certificates or temporary obligations.

Sec. 914. - Interim certificates or temporary obligations. Pending the authorization, preparation, execution or delivery of definitive bonds, the authority may issue interim certificates, or other temporary obligations to the purchaser of such bonds. Such interim certificates, or other temporary obligations, shall be in such form, contain such terms, conditions and provisions, bear such date or dates, and evidence such agreements relating to their discharge or payment or the delivery of definitive bonds as the authority may by resolution, trust indenture or mortgage determine. In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. (Priv. Acts 1935, ch. 615, § 14)

Memphis Charter, art. 79, § 915 Purchase of bonds by authority; negotiability of bonds, certificates and other obligations.

Sec. 915. - Purchase of bonds by authority; negotiability of bonds, certificates and other obligations. The authority shall have power out of any funds available therefor to purchase any bonds issued by it at a price not more than the principal amount thereof and the accrued interest; provided, however, that bonds payable exclusively from the revenues of a designated project or projects shall be purchased only out of any such revenues available therefor. All bonds so purchased shall be cancelled. This paragraph shall not apply to the redemption of bonds. Any provision of any law to the contrary notwithstanding any bonds, interim certificates, or other obligations issued pursuant to this Act shall be fully negotiable. (Priv. Acts 1935, ch. 615, § 14)

Memphis Charter, art. 79, § 916 General powers of authority in connection with bonds and other obligations.

Sec. 916. - General powers of authority in connection with bonds and other obligations. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power: (1) To pledge by resolution, trust indenture, mortgage (subject to the limitations hereinafter imposed), or other contract all or any part of its rents, fees, or revenues. (2) To covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired, or against permitting or suffering any lien thereon. (3) To covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof, or with respect to limitations on its right to undertake additional housing projects. (4) To covenant against pledging all or any part of its rents, fees and revenues to which its right then exists or the right to which may thereafter come into existence or against permitting or suffering any lien thereon. (5) To provide for the lease of property, rents, fees and revenues from any pledge or mortgage, and to reserve rights and powers in, or the right to dispose of, property which is subject to a pledge or mortgage. (6) To covenant as to the bonds to be issued pursuant to any resolution, trust indenture, mortgage or other instrument and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof. (7) To covenant as to what other or additional debt may be incurred by it. (8) To provide for the terms, form, registration, exchange, execution and authentication of bonds. (9) To provide for the replacement of lost, destroyed or mutilated bonds. (10) To covenant that the authority warrants the title to the premises. (11) To covenant as to the rents and fees to be charged, the amount (calculated as may be determined) to be raised each year or other period of time by rents, fees, and other revenues and as to the use and disposition to be made thereof. (12) To covenant as to the use of any or all of its property, real or personal. (13) To create or to authorize the creation of special funds in which there shall be segregated (a) the proceeds of any loan and/or grant; (b) all the rents, fees and revenues of any housing project or projects or parts thereof; (c) any moneys held for the payment of the costs of operation and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof; (d) any moneys held for the payment of the principal and interest on its bonds or the sums due under its leases and/or as a reserve for such payments; and (e) any moneys held for any other reserves or contingencies; and to covenant as to the use and disposal of the moneys held in such funds. (14) To redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof. (15) To covenant against extending the time for the payment of its bonds or interest thereon, directly or indirectly, by any means or in any manner. (16) To prescribe the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given. (17) To covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys. (18) To vest in an obligee of the authority the right, in the event of the failure of the authority to observe or perform any covenant on its part to be kept or performed, to cure any such default and to advance any moneys necessary for such purpose, and the moneys so advanced may be made an additional obligation of the authority with such interest, security and priority as may be provided in any trust indenture, mortgage, lease or contract of the authority with reference thereto. (19) To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived. (20) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation. (21) To covenant to surrender possession of all or any part of any housing project or projects upon the happening of any event of default (as defined in the contract) and to vest in an obligee the right without judicial proceedings to take possession and to use, operate, manage, and control such housing projects or any part thereof, and to collect and receive all rents, fees and revenues arising therefrom in the same manner as the authority itself might do and to dispose of the moneys collected in accordance with the agreement of the authority with such obligee. (22) To vest in a trustee or trustees the right to enforce any covenant made to secure, to pay, or in relation to the bonds, to provide for the powers and duties of such trustee or trustees, to limit liabilities thereof and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any such covenant. (23) To make covenants other than and in addition to the covenants herein expressly authorized, of like or different character. (24) To execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those above specified as the government or any purchaser of the bonds of the authority may reasonably require. (25) To make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the authority tend to make the bonds more marketable; notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the authority power to do all things in the issuance of bonds, in the provisions for their security that are not inconsistent with the constitution of the State and no consent or approval of any judge or court shall be required thereof; provided, however, that the authority shall have no power to mortgage all or any part of its property, real or personal, except as provided in section 16 hereof [section 917]. (Priv. Acts 1935, ch. 615, § 15)

Memphis Charter, art. 79, § 917 Power to mortgage premises; rights of trustees and obligees.

Sec. 917. - Power to mortgage premises; rights of trustees and obligees. In connection with any project financed in whole or in part or otherwise aided by a government (whether through a donation of money or property, a loan, the insurance or guarantee of a loan, or otherwise), the authority shall also have power to mortgage all or any part of its property, real or personal, then owned or thereafter acquired, and hereby: (a) To vest in a government the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, so long as a government shall be the holder of any of the bonds secured by such mortgage. (b) To vest in a trustee or trustees, the right upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings. (c) To vest in other obligees the right to foreclose such mortgage by judicial proceedings. (d) To vest in obligee, including a government, the right of foreclosing any mortgage as aforesaid, to foreclose such mortgage as to all or such part or parts of the property covered thereby as such obligee (in its absolute discretion) shall elect; the institution, prosecution and conclusion of any such foreclosure proceedings and/or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid. (Priv. Acts 1935, ch. 615, § 16)

Memphis Charter, art. 79, § 918 Additional rights of obligee.

Sec. 918. - Additional rights of obligee. An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee subject only to any contractual restrictions binding upon such obligee: (a) By mandamus, suit, action or proceeding in law or equity (all of which may be joined in one action) to compel the authority, and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority of [by] this Act. (b) By suit, action or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of the authority. (c) By suit, action or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority. (Priv. Acts 1935, ch. 615, § 17)

Memphis Charter, art. 79, § 919 Power of authority to confer upon obligee additional rights.

Sec. 919. - Power of authority to confer upon obligee additional rights. The authority shall have power by its trust, indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, lease or other obligations, the right upon the happening of an "event of default" as defined in such instrument: (a) By suit, action or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any housing project of the authority or any part or parts thereof. If such receiver be appointed, he may enter and take possession of such housing project or any part or parts thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the authority itself might do and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the authority as the court shall direct. (b) By suit, action or proceeding in any court of competent jurisdiction to require the authority and the commissioners thereof to account as if it and they were the trustees of an express trust. (Priv. Acts 1935, ch. 615, § 18)

Memphis Charter, art. 79, § 920 Rights and remedies of obligees declared cumulative.

Sec. 920. - Rights and remedies of obligees declared cumulative. All the rights and remedies hereinabove conferred shall be cumulative and in addition to all other rights and remedies that may be conferred upon such obligee of the authority by law or by any contract with the authority. (Priv. Acts 1935, ch. 615, § 19)

Memphis Charter, art. 79, § 921 Property of authority exempt from execution and foreclosure; exception.

Sec. 921. - Property of authority exempt from execution and foreclosure; exception. No interest of the authority in any property, real or personal, shall be subject in [to] sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in section 16 hereof [section 917]. All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall be a charge or lien upon its property, real or personal. The provisions of this section shall not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in section 16 hereof [section 917] and, in case of a foreclosure sale thereunder, to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issued on the credit of the authority. Such deficiency judgment or decree shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree. (Priv. Acts 1935, ch. 615, § 20)

Memphis Charter, art. 79, § 922 Mortgage of property may be subordinate to supervision contract of government.

Sec. 922. - Mortgage of property may be subordinate to supervision contract of government. The authority may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon; in such event, any purchaser or purchasers at a sale of the property of an authority pursuant to a foreclosure of such mortgage or any other remedy in connection therewith shall obtain title subject to such contract. (Priv. Acts 1935, ch. 615, § 21)

Memphis Charter, art. 79, § 923 Power of authority to borrow money and take land from Federal Government; supervision of Federal Government.

Sec. 923. - Power of authority to borrow money and take land from Federal Government; supervision of Federal Government. In addition to the powers conferred upon the authority by other provisions of this Act, the authority is empowered to borrow money or accept grants from the Federal Government for or in aid of any housing project which such authority is authorized to undertake, to take over any land acquired by the Federal Government for the construction or operation of a housing project, to take over or lease or manage any housing project, constructed or owned by the Federal Government, and to these ends, to enter into such contracts, mortgages, trust indentures, leases or other agreements as the Federal Government may require, including agreements that the Federal Government shall have the right to supervise and approve the construction, maintenance and operation of such housing project. It is the purpose and intent of this Act to authorize every authority to do any and all things necessary to secure the financial aid and the cooperation of the Federal Government in the undertaking, construction, maintenance and operation of any housing project which the authority is empowered to undertake. (Priv. Acts 1935, ch. 615, § 22)

Memphis Charter, art. 79, § 924 Annual report to Mayor.

Sec. 924. - Annual report to Mayor. The authority shall at least once a year file with the Mayor of the City a report of its activities for the preceding year, and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this Act. (Priv. Acts 1935, ch. 615, § 26)

Memphis Charter, art. 79, § 925 Operation not for profit.

Sec. 925. - Operation not for profit. It is declared to be the policy of this State that the housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that the housing authority shall not construct or operate any such project for profit, or as a source of revenue to the City. To this end the authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived) will be sufficient: (a) To pay, as the same becomes due, the principal and interest on the bonds of the authority; (b) To meet the cost of, and to provide for, maintain and operating the projects (including the cost of any insurance on its property or bonds) and the administrative expenses of the authority; and (c) To create (during not less than the six years immediately succeeding its issuance of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve. (Priv. Acts 1937, ch. 900, § 5)

Memphis Charter, art. 79, § 926 Rentals and tenant selection.

Sec. 926. - Rentals and tenant selection. In the operation or management of housing projects, the authority shall at all times observe the following duties with respect to rentals and tenant selections: (a) It may rent or lease the dwelling accommodations therein only to persons of low income. (b) It may rent or lease dwelling accommodations therein only at rentals within the financial reach of such persons of low income. (c) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding. (d) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in case of families with three or more minor dependents, such ratio shall not exceed six to one; in computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. Nothing contained in the Memphis Housing Authority Law, as hereby amended, shall be construed as limiting the power of the Authority: (a) To vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by said law, as amended, with respect to rentals, tenant selection, manner of operation, or otherwise; or (b) pursuant to section 16 [section 917], to vest in obligees the right, in the event of a default by the authority, to acquire title to a housing project or the property mortgaged by the housing authority, free from all the restrictions imposed by said law, as amended, except those imposed by sections 16 and 21 [sections 917 to 922]. (Priv. Acts 1937, ch. 900, § 5; Priv. Acts 1939, ch. 235, § 3)

Memphis Charter, art. 79, § 927 Ratification of acts under former provisions.

Sec. 927. - Ratification of acts under former provisions. The creation, establishment and organization of housing authorities under the provisions of the Housing Authorities Law, Chapter 20 of the Public Acts of Tennessee, First Special Session 1935, as amended by Chapter 234 of the Public Acts of 1937, and under the provisions of the Memphis Housing Authority Law, Chapter 615 of the Private Acts of Tennessee 1935, as amended by Chapter 900 of the Private Acts of Tennessee 1937, together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. All contracts, agreements, obligations and undertakings of such housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance or operation of any housing project or projects or to obtaining aid therefor from the United States Housing Authority, including (without limiting the generality of the foregoing) loan and annual contributions, contracts and leases with the United States Housing Authority, agreements with municipalities or other public bodies (including those which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by such housing authorities or which are otherwise made a part of the contract with such holders or notes or bonds) relating to cooperation and contributions in aid of housing projects, payments (if any) in lieu of taxes, furnishing of municipal services and facilities, and the elimination of unsafe and insanitary dwellings, and contracts for the construction of housing projects, together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. All proceedings, acts and things heretofore undertaken, performed or done in or for the authorization, issuance, execution and delivery of notes and bonds by housing authorities for the purposes of financing or aiding in the development or construction of a housing project or projects, and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. (Priv. Acts 1939, ch. 531, § 1—3)

Memphis Charter, art. 79, § 927.1 Urban renewal projects.

Sec. 927.1. - Urban renewal projects. (a) In addition to its authority under any other section of this Act, an [the] authority is hereby authorized to plan and undertake urban renewal projects. As used in this Act, an urban renewal project may include undertakings and activities for the elimination (and for the prevention of the development or spread) of slums or blighted, deteriorated, or deteriorating areas and may involve any work or undertaking for such purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work. For this purpose, "rehabilitation or conservation work" may include (1) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (2) acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the objectives of the urban renewal project; and (4) the disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of such project; provided that such disposition shall be in the manner prescribed in this Act for the disposition of property in a redevelopment project area. (b) Any urban renewal project undertaken pursuant to the preceding section [subsection] shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this Act, an "urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the general plan for the City of Memphis as a whole; and (2) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this Act with respect to a redevelopment plan. (c) An [the] authority shall have all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the Federal Government or other source and to exercise the other powers which this Act confers on an [the] authority with respect to redevelopment projects. In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the authority, the municipality, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities which they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of this Act applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project; provided that for such purpose the word "redevelopment" as used in this Act (except in this section and in the definition of "redevelopment project" in section 3) shall mean "urban renewal", the word "slum" and the word "blighted" as used in this Act (except in this section and in the definitions in section 4) shall mean "blighted, deteriorated, or deteriorating"; and provided further that this subsection shall not change the corporate name of the authority or the short title of this Act or amend any section of this Act. In addition to the surveys and plans which an [the] authority is otherwise authorized to make an [the] authority is hereby specifically authorized to make (i) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements, and (ii) plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. The authority is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight. (d) The Board of Commissioners of the City of Memphis is hereby authorized (without limiting any provision in the preceding section [subsection]) to do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the said City, including the furnishing of such financial and other assistance as the said City is authorized by this Act to furnish for or in connection with a redevelopment plan or redevelopment project. The City of Memphis is hereby authorized to enter into agreements with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this Act, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. (e) The Board of Commissioners of the City of Memphis is hereby authorized to prepare a workable program (which may include an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well organized residential neighborhoods of decent homes and suitable living environment for adequate family life) for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforesaid activities or other feasible activities as may be suitably employed to achieve the objectives of such a program. (Priv. Acts 1955, ch. 141, §§ 2—6)

Memphis Charter, art. 79, § 927.2 Unfit dwellings.

Sec. 927.2. - Unfit dwellings. (a) Whenever the municipality finds that there exist in such municipality dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions, including those set forth in subsection (c) hereof, rendering such dwellings unsafe or insanitary, or dangerous or detrimental to the health, safety or morale, or otherwise inimical to the welfare of the residents of such municipality, power is hereby conferred upon such municipality to require or cause the repair, closing or demolition or removal of such dwellings in the manner herein provided. A "dwelling" shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any appurtenances belonging thereto or usually enjoyed therewith. (b) Upon the adoption of an ordinance finding that dwelling conditions of the character described in subsection (a) hereof exist within a municipality, the Board of Commissioners is hereby authorized to adopt ordinances relating to the dwellings within such municipality which are unfit for human habitation. Such ordinances shall include the following provisions: (1) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances. (2) That whenever a petition is filed with the public officer by at least five residents of the municipality charging that any dwelling is unfit for human habitation or whenever it appears to the public officer (on his own motion) that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such dwelling (including persons in possession) a complainant [complaint] stating the charges in that respect. Such complainant [complaint] shall contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten days nor more than thirty days after the serving of said complaint; that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. (3) That if, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which: (A) If the repair, alteration or improvement of the said dwelling can be made at a reasonable cost in relation to the value of the dwelling (the ordinance of the municipality shall fix a certain percentage of such cost as being reasonable for such purpose), requires the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or (B) If the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling (the ordinance of the municipality shall fix a certain percentage of such cost as being reasonable for such purpose), requires the owner, within the time specified in the order, to remove or demolish such dwellings. (4) That, if the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause such dwelling to be repaired, altered or improved, or to be vacated and closed. (5) That, if the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished. (6) That the amount of the cost of such repairs, alteration or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the public officer he shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Chancery Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. (c) An ordinance adopted by the municipality pursuant to this section shall provide that the public officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morale of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality, or which have a blighting influence on properties in the area. Such conditions may include the following, without limitations: Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of health, fire, building or zoning regulations, or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements. Such ordinance may provide additional standards to guide the public officer or his agents or employees in determining the fitness of a dwelling for human habitation. (d) Complaints or orders issued by a public officer pursuant to an ordinance adopted under this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the municipality, or, in the absence of such newspaper, in one printed and published in the County and circulating in the municipality in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of the County in which the dwelling is located and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (e) Any person affected by an order issued by the public officer may petition the Chancery Court for an injunction restraining the public officer from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, however, that within sixty days after the posting and service of the order of the public officer, such person shall petition the court. Hearings shall be had by the court on such petitions within twenty days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter a final order or decree in the proceeding. In all such proceedings the findings of the public officer as to fact, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be elusive remedies and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of compliance by such person with any order of the public officer. (f) An ordinance adopted by the Board of Commissioners may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article [section], including the following powers in addition to others herein granted: (1) To investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation; (2) To administer oaths, affirmations, examine witnesses and receive evidence; (3) To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; (4) To appoint and fix the duties of such officers, agent and employees as he deems necessary to carry out the purposes of such ordinance; and (5) To delegate any of his functions and powers under such ordinance to such officers, agents and employees as he may designate. (g) The Board of Commissioners adopting an ordinance under this section shall as soon as possible thereafter prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the dwellings in such municipality for the purpose of determining the fitness of such dwellings for human habitation, and for the enforcement and administration of its ordinance or ordinances adopted under this section. (h) Nothing in this section shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law. (i) Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Priv. Acts 1955, ch. 141, § 7)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART79HOAULAFetched: 10/28/2026