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Session Laws, 1990 Session
Volume 436, Page 1105   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 330

THE HOUSING PROJECT, PROVIDED THAT THE COMMERCIAL FACILITIES
ARE INTENDED SUBSTANTIALLY FOR THE USE AND BENEFIT OF THE
TENANTS OF THE HOUSING PROJECT AND THE INTENDED USE BY OTHER
PERSONS IS INCIDENTAL; AND

(6) SUBJECT TO THE APPROVAL OF THE LEGISLATIVE BODY
AND THE CHIEF ELECTED OFFICIAL OF THE LOCAL JURISDICTION, TO
ACQUIRE, DEVELOP, CONSTRUCT, REHABILITATE, OWN, OPERATE, AND
LEASE (EITHER AS LESSOR OR LESSEE) COMMERCIAL FACILITIES: ,

(I) ADJACENT TO THE SITE OF A HOUSING PROJECT; OR

(II) WHICH ARE NOT INTENDED SUBSTANTIALLY FOR THE
USE AND BENEFIT OF THE TENANTS OF THE HOUSING PROJECT AND ARE
INTENDED FOR USE BY PERSONS OTHER THAN THE TENANTS OF THE
HOUSING PROJECT ON MORE THAN AN INCIDENTAL BASIS; AND

(6) (7) TO ACT AND INVEST AS A GENERAL PARTNER AND AS
A LIMITED PARTNER IN HOUSING PROJECTS.

(B) THE AUTHORIZATION OF POWERS BY SUBSECTION (A) OF THIS
SECTION SHALL NOT BE CONSTRUED AS LIMITING THE POWERS
GRANTED TO AUTHORITIES BY OTHER TITLES IN THIS ARTICLE.

1-303.

(A) (1) AN AUTHORITY MAY EXERCISE ITS POWERS AS GRANTED
BY THIS ARTICLE, IRRESPECTIVE OF THE FACT THAT SUCH ACTIVITIES
MAY DISPLACE OR LIMIT ECONOMIC COMPETITION.

(2) THE POWERS GRANTED TO AN AUTHORITY PURSUANT TO
PARAGRAPH (1) OF THIS SUBSECTION MAY NOT BE CONSTRUED:

(I) TO GRANT TO THE AUTHORITY POWERS IN ANY
SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE AUTHORITY BY
OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW;

(II) TO RESTRICT THE AUTHORITY FROM EXERCISING
ANY POWER GRANTED TO THE AUTHORITY BY OTHER PUBLIC GENERAL
OR PUBLIC LOCAL LAW OR OTHERWISE;

(III) TO AUTHORIZE THE AUTHORITY OR ITS OFFICERS TO
ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER UNDER
OTHER PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR OTHERWISE; OR

(IV) TO PREEMPT OR SUPERSEDE THE REGULATORY
AUTHORITY OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY
PUBLIC GENERAL LAW.

(B) PROVISIONS OF STATE LAW WITH RESPECT TO THE FINANCING,

- 1105 -


 

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Session Laws, 1990 Session
Volume 436, Page 1105   View pdf image (33K)
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