The Commission shall possess the following powers:
(A) To procure from the Planning Commission the designation of areas in need of redevelopment and its recommendation for such redevelopment;
(B) To cooperate with state or federal government or any subdivision, agency or instrumentality corporation or otherwise of either of them;
(C) To act as agent of the state or federal government or any of its instrumentalities or agencies for the public purposes set out in G.S. Ch. 160A, Art. 22;
(D) To prepare or cause to be prepared and recommend redevelopment plans to the governing bodies of the county and city and to undertake and carry out “redevelopment projects”, as that term is defined in G.S. Ch. 160A, Art. 22, within its area of operation;
(E) Subject to the provisions of G.S. § 160A-514(b), to arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and, notwithstanding anything to the contrary contained in this division (E), G.S. Ch. 160A, Art. 22, or any other provision of law;
(F) To agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in undertaking or carrying out of a redevelopment project and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;
(G) Within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, eminent domain or otherwise, any real or personal property or any interest therein, together with any improvements thereon, necessary or incidental to a redevelopment project;
(H) To hold, improve, clear or prepare for redevelopment any such property, and notwithstanding the provisions of G.S. § 160A-59, but subject to the provisions of G.S. § 160A-514, and with the approval of the local governing body sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber or dispose of any real or personal property or any interest therein, either as an entirety to a single “redeveloper”, as that term is defined in G.S. Ch. 160A, Art. 22, or in parts to several redevelopers; provided that, the Commission finds that the sale or other transfer of any such part will not be prejudicial to the sale of other parts of the redevelopment area, nor in any other way prejudicial to the realization of the redevelopment plan approved by the governing body;
(I) To enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial, recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions and conditions as the Commission may deem necessary to prevent a recurrence of blighted areas or to effectuate the purposes of this division (I) and G.S. Ch. 160A, Art. 22; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with the land, and to provide appropriate remedies for any breach of any such covenants or conditions, including the right to terminate such contracts and any interest in the property created pursuant thereto;
(J) To borrow money and issue bonds therefor and provide security for bonds;
(K) To insure or provide for the insurance of any real or personal property or operations of the commission against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this division (K) and G.S. Ch. 160A, Art. 22;
(L) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in such investments as may be lawful for guardians, executors, administrators or other fiduciaries under the laws of the state; to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;
(M) To borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions and any other form of financial assistance from the federal government, the state, the county, the city or other public body or from any sources, public or private for the purposes of this division (M), to give such security as may be required and to enter into and carry out contracts in connection therewith; and, notwithstanding the provisions of any other law, may include in any contract for financial assistance with the Federal Government for a redevelopment project such conditions imposed pursuant to federal law as the Commission may deem reasonable and appropriate and which are not inconsistent with the purposes of this division (M) and G.S. Ch. 160A, Art. 22;
(N) Acting through one or more Commissioners or other person designated by the Commission, 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 administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers;
(O) Within its area of operation, to make or have made all surveys, studies and plans, but not including the preparation of a general plan for the community, necessary to the carrying out of the purposes of this division (O) and G.S. Ch. 160A, Art. 22, and in connection therewith to enter into or upon any land, building or improvement thereon for such purposes and to make soundings, test borings, surveys, appraisals and other preliminary studies and investigations necessary to carry out its powers;
(P) Such entry shall constitute no cause of action for trespass in favor of the owner of such land, building or improvement except for injuries resulting from negligence, wantonness or malice; and to contract or cooperate with any and all persons or agencies public or private, in the making and carrying out of such surveys, appraisals, studies and plans;
(Q) The Commission is hereby specifically authorized to make:
(1) Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements;
(2) 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; and
(3) The commission is further authorized to develop, test and report methods and techniques, and carry out demonstrations and other activities, for the prevention and elimination of slums and urban blight.
(R) To make such expenditures as may be necessary to carry out the purposes of this division (R) and G.S. Ch. 160A, Art. 22; and to make expenditures from funds obtained from the federal government;
(S) To sue and be sued;
(T) To adopt a seal;
(U) To have perpetual succession;
(V) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Commission; and any contract or instrument when signed by the Chairperson or Vice-Chairperson and Secretary, or Assistant Secretary, or Treasurer or Assistant Treasurer of the Commission shall be held to have been properly executed for and on its behalf;
(W) To make and from time to time amend and repeal bylaws, rules, regulations and resolutions;
(X) To make available to the county or city or any appropriate agency, board or commission, the recommendations of the Commission affecting any area in its field of operation or property therein, which it may deem likely to promote the public health, morals, safety or welfare; and
(Y) To perform redevelopment project undertakings and activities in one or more contiguous or non-contiguous redevelopment areas which are planned and carried out on the basis of annual increments.
(2005 Code, § 2-80) (Ord. passed 1-23-1994)
Statutory reference:
Powers of redevelopment commission, see G.S. § 160A-512