Section 87. Effect of charter on existing ordinances.

   (a)   Ordinances, etc., not in conflict with charter remain in effect. All ordinances, resolutions, rules, and regulations in effect in the town at the time this charter becomes effective which are not in conflict with the provisions of this charter shall remain in effect until changed or repealed according to the provisions of this charter.

   (b)   All ordinances, resolutions, rules and regulations in effect in the town at the time this charter becomes effective which are in conflict with the provisions of this charter are repealed and the same hereby are repealed to the extent of such conflict.

Section 88. Separability.

   If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid shall appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

Section 89. "Town" construed to mean "city".

   Whenever in this article the word "Town" shall appear, it shall be taken and construed to mean also the word "City".

APPENDIX I Urban Renewal Authority for Slum Clearance

(See Note (2))

Section A1–101. Definitions.

   (a)   In this appendix the following words have the meanings indicated.

   (b)   "Federal Government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

   (c)   "Slum Area" means any area where dwellings predominate which, by reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to the public safety, health or morals.

   (d)   "Blighted Area" means an area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent they no longer justify fundamental repairs and adequate maintenance.

   (e)   "Urban Renewal Project" means undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part of them in accordance with an urban renewal plan. These undertakings and activities may include:

      (1)   Acquisition of a slum area or a blighted area or portion of them;

      (2)   Demolition and removal of buildings and improvements;

      (3)   Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the urban renewal objectives of this subheading in accordance with the urban renewal plan;

      (4)   Disposition of any property acquired in the urban renewal area including sale, initial leasing or retention by the municipality itself, at its fair value for uses in accordance with the urban renewal plan;

      (5)   Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan;

      (6)   Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and

      (7)    The preservation, improvement or embellishment of historic structures or monuments.

   (f)   "Urban Renewal Area" means a slum area or a blighted area or a combination of them which the municipality designates as appropriate for an urban renewal project.

   (g)   "Urban Renewal Plan" means a plan, as it exists from time to time, for an urban renewal project. The plan shall be sufficiently complete to indicate whatever land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum density and building requirements.

   (h)   "Bonds" means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures or other obligations.

   (i)   "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic. It includes any trustee, receiver, assignee, or other person acting in similar representative capacity.

   (j)   "Municipality" means the Town of Chestertown.

Section A1–102 Powers.

   (a)   The municipality may undertake and carry out urban renewal projects.

   (b)   These projects shall be limited:

      (1)   To slum clearance in slum or blighted areas and redevelopment or the rehabilitation of slum or blighted areas;

      (2)   To acquire in connection with those projects, within the corporate limits of the municipality, land and property of every kind and any right, interest, franchise, easement or privilege, including land or property and any right or interest already devoted to public use, by purchase, lease, gift, condemnation or any other legal means;

      (3)   To sell, lease, convey, transfer or otherwise dispose of any of the land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi public corporation, partnership, association, person or other legal entity.

   (c)   Land or property taken by the municipality for any of these purposes or in connection with the exercise of any of the powers which are granted by this appendix to the municipality by exercising the power of eminent domain may not be taken without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to the compensation.

   (d)   All land or property needed or taken by the exercise of the power of eminent domain by the municipality for any of these purposes or in connection with the exercise of any of the powers granted by this appendix is declared to be needed or taken for public uses and purposes.

   (e)   Any or all of the activities authorized pursuant to this appendix constitute governmental functions undertaken for public uses and purposes and the power of taxation may be exercised, public funds expended and public credit extended in furtherance of them.

Section A1–103. Additional Powers.

   The municipality has the following additional powers. These powers are declared to be necessary and proper to carry into full force and effect the specific powers granted in this appendix and to fully accomplish the purposes and objects contemplated by the provisions of this section:

   (a)   To make or have made all surveys and plans necessary to the carrying out of the purposes of this appendix and to adopt or approve, modify and amend those plans. These plans may include, but are not limited to:

      (1)   Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;

      (2)   Plans for the enforcement of 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; and

      (3)   Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to apply for, accept and utilize grants of funds from the Federal Government or other governmental entity for those purposes;

   (b)   To prepare plans for the relocation of persons (including families, business concerns and others) displaced from an urban renewal area, and to make relocation payments to or with respect to those persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of payments financed by the Federal Government;

   (c)   To appropriate whatever funds and make whatever expenditures as may be necessary to carry out the purposes of this appendix, including, but not limited:

      (1)   To the payment of any and all costs and expenses incurred in connectin [connection] with, or incidental to, the acquisition of land or property, and for the demolition, removal, relocation, renovation or alteration of land, buildings, streets, highways, alleys, utilities or services, and other structures or improvements, and for the construction, reconstruction, installation, relocation or repair of streets, highways, alleys, utilities or services, in connection with urban renewal projects;

      (2)   To levy taxes and assessments for those purposes;

      (3)   To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the Federal Government, the State, County or other public bodies, or from any sources, public or private, for the purposes of this appendix, and to give whatever security as may be required for this financial assistance;

      (4)   To invest any urban renewal funds held in reserves or sinking funds or any of these funds not required for immediate disbursement in property or securities which are legal investments for other municipal funds;

   (d)   (1)   To hold, improve, clear or prepare for redevelopment any property acquired in connection with urban renewal projects;

      (2)   To mortgage, pledge, hypothecate or otherwise encumber that property; and

      (3)   To insure or provide for the insurance of the property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance;

   (e)   To make and execute all contracts and other instruments necessary or convenient to the exercise of its powers under this appendix, including the power to enter into agreements with other public bodies or agencies (these agreements may extend over any period, notwithstanding any provision or rule of law to the contrary), and to include in any contract for financial assistance with the Federal Government for or with respect to an urban renewal project and related activities whatever conditions imposed pursuant to Federal laws as the municipality considers reasonable and appropriate;

   (f)   To enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from the circuit court for the county in which the municipality is situated in the event entry is denied or resisted;

   (g)   To plan, replan, install, construct, reconstruct, repair, close or vacate streets, roads, sidewalks, public utilities, parks, playgrounds, and other public improvements in connection with an urban renewal project; and to make exceptions from building regulations;

   (h)   To generally organize, coordinate and direct the administration of the provisions of this appendix as they apply to the municipality in order that the objective of remedying slum and blighted areas and preventing its causes within the municipality may be promoted and achieved most effectively;

   (i)   To exercise all or any part or combination of the powers granted to this appendix.

Section A1–104. Establishment of Urban Renewel [Renewal] Agency.

   (a)   A municipality may itself exercise all the powers granted by this appendix, or may, if its legislative body by ordinance determines the action to be in the public interest, elect to have the powers exercised by a separate public body or agency.

   (b)   In the event the legislative body makes that determination, it shall proceed by ordinance to establish a public body or agency to undertake in the municipality the activities authorized by this appendix.

   (c)   The ordinance shall include provisions establishing the number of members of the public body or agency, the manner of their appointment and removal, and the terms of the members and their compensation.

   (d)   The ordinance may include whatever additional provisions relating to the organization of the public body or agency as may be necessary.

   (e)   In the event the legislative body enacts this ordinance, all of the powers by this appendix granted to the municipality, from the effective date of the ordinance, are vested in the public body or agency established by the ordinance.

Section A1–105. Powers Withheld from the Agency.

   The agency may not:

   (a)   Pass a resolution to initiate an urban renewal project pursuant to Section A1-106 of this appendix.

   (b)   Issue general obligation bonds pursuant to Section A1-109 of this appendix.

   (c)   The power to appropriate funds, and to levy taxes and assessments pursuant to Section A1–103(c) of this appendix.