Alabama Attorney General Opinion 1979-0180

OFFICE OF THE ATTORNEY GENERAL 00180 * 1 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA April 16, 1979 Litz L. HALE WILLIAM M. TENURE. JR. EXECUTIVE ASSI W G. TURNER CHIC• ASSISTANT ATTORNEY GENERAL imam Maas AERAWNITRATIVE ASS, AOMINI IVERMLMNG 114 NORTH UNION MONTGOMERY, 130 AREA 15001. 5344150 Mayor E. S. Enoch 600 Montgomery Avenue Sheffield, Alabama Housing Authorities - Regional Housing Authorities After an exclusion under Code of Alabama 1975, §24-1-105, one or more counties may remain as a regional housing authority. If more than two counties remain they would not have to be conti- guous. Those county or counties excluded would be free to become a part of a different housing auth- ority. Dear Mayor Enoch: This letter is in response to your letter of March 29, 1979; in which you asked for an opinion in regard to the following questions. (1) In Section 24-1-102, Procedures for Incorporation, there is reference to the fact that regional housing authorities can be formed by two or more contiguous counties. The counties currently in the housing authority consist of Colbert, Franklin, Lauderdale, Marion and Winston, which are geographically situated in a general north-south linear fashion. If Franklin County is allowed to withdraw, under the procedures found in Section 24-1-105, will the remaining four counties be able to retain their membership within this housing authority? Franklin County's withdrawal Page 2 would preempt Colbert and Lauderdale Counties from retaining a contiguous relationship within the mech- anism with Marion and Winston Counties. (2) If mutually agreeable, would it be allowable for Franklin County to withdraw from the Muscle Shoals Regional Housing Authority and still allow the remaining four counties to participate as members of the Muscle Shoals Regional Housing Authority while Franklin County incorporates its own county housing authority? (3) If all counties voted to dissolve the Muscle Shoals Regional Housing Authority in order to allow Franklin County to form its own county housing authority, would it be necessary to hold new public hearings and initiate a completely new incorporation process under the enabling legislation to reorganize the housing authority or can Franklin County simply withdraw with the mutual concurrence of the other four members if they so choose? What follows are the respective answers to the above questions: (1) Although the Code of Alabama 1976, §24-1-102 indicates that it takes two or more contiguous in order to create a housing authority, I do not take that to mean no housing authority may exist if not contiguous. Section 24-1-105 indicates that if the proper procedure is followed then one or more counties may be excluded , from the housing authority leaving the remaining county or counties. Since the section indicates that after such an exclusion, one county may constitute a housing authority then it follows that an exclusion may leave a regional housing authority made up of counties which are not contiguous. (2) If the procedures of 524-1-105 are followed, then Franklin County may be excluded from the Muscle Shoals Regional Housing Authority. As indicated above, the Muscle Shoals Regional Housing Authority could continue after Franklin County's exclusion. Franklin County would then be left to either joining (524-1-104) or organizing (524-1-102) a new housing authority should it so desire. F Page 3 (3) As indicated above, Franklin County may be excluded from the Muscle Shoals Housing Authority by the procedures set out in 624-1.-105. A complete dissolving of the Muscle Shoals Housing Authority would not be necessary. However, if such a complete dissolvement did occur, it would be necessary to complete a new incorporation process to form a new housing authority. We hope the above satisfactorily answers your questions. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL By: JS F. HAMPTON ASSISTANT ATTORNEY GENERAL JFH:ldr