Legislation
SECTION 554
Powers of an agency
General Municipal (GMU) CHAPTER 24, ARTICLE 15-A
§ 554. Powers of an agency. Subject to the provisions of article
fifteen of this chapter, an agency is authorized to plan and undertake
one or more urban renewal projects and shall have the powers necessary
or convenient to carry out and effectuate such project or projects and
the purposes and provisions of this article and article fifteen of this
chapter, including but not limited to the following powers: (1) to sue
and be sued; (2) to have a seal and alter the same at pleasure; (3) to
have perpetual succession; (4) to make and execute contracts and all
other instruments necessary or convenient for the exercise of its powers
and functions; (5) to make and alter by-laws for its organization and
internal management; (6) to acquire or contract to acquire from any
person, firm, corporation or government, by subsidy, contribution, gift,
grant, bequest, devise, purchase, pursuant to the provisions of the
eminent domain procedure law, or otherwise, real or personal property or
any interest therein, including but not limited to air rights, and
easements or other rights of user, necessary for the use and development
of such air rights, to be developed as air rights sites for the
elimination of the blighting influences over an area or areas consisting
principally of land in streets, alleys, highways, and other public
rights of way, railway or subway tracks, bridge or tunnel approaches or
entrances, or other similar facilities which have a blighting influence
on the surrounding area and over which air rights sites are to be
developed for the elimination of such blighting influences, provided,
however, that the acquisition of any air rights over railroad tracks,
rights-of-way or facilities and easements or other rights of user
necessary for the use and development of such air rights are to be
subject to the provisions of section fifty-one-a of the railroad law;
(7) to appoint officers, agents and employees, prescribe their duties,
fix their compensation and delegate to one or more of such officers,
agents or employees such powers or duties as it may deem proper; (8)
with the consent of the municipality to use agents, employees, and
facilities of the municipality, paying to the municipality its agreed
proportion of the compensation or costs; (9) to insure or provide for
the insurance of its property or operations as required by law and also
against such other risks as it may deem advisable; (10) to invest any
moneys held in reserve or sinking funds or any moneys not required for
immediate use or disbursement at the discretion of the agency in
obligations of the state or the United States government or obligations
of which the principal and interest are guaranteed by the state or the
United States government; (11) to cooperate with the federal government
and apply for and accept advances, loans, grants, subsidies,
contributions and any other form of financial assistance from the
federal government, or from the state, county, municipality or other
public body or from any sources public or private, for the purposes of
this article and article fifteen of this chapter; and to give such
security as may be required and to enter into and carry out contracts or
agreements in connection therewith; provided, however, that any
application for a loan, subsidy or grant to the federal government or
the state shall be subject to the prior approval of the governing body;
and to include in any contract for financial assistance with the federal
government for or with respect to an urban renewal project, or with
respect to any other program authorized under the federal housing act of
nineteen hundred forty-nine, and all other federal laws amendatory and
supplemental thereto, such conditions imposed pursuant to federal laws
as the agency may deem reasonable and appropriate and which are not
inconsistent with the purposes of this article or article fifteen of
this chapter. Such conditions may include but shall not be limited to
(a) provisions requiring payments of not less than certain minimum
salaries and wages to architects, engineers, technicians, laborers,
mechanics and other personnel; (b) provisions prohibiting rebates and
kickbacks; and (c) provisions requiring contractors and subcontractors
to furnish reports and other data to the secretary of labor; (d)
provisions requiring payment of actual reasonable moving and related
expenses as well as supplemental and additional payments, to
individuals, families, business concerns or non-profit organizations due
to displacement, so that disproportionate injuries are not suffered as a
result of such program, as may be required by and pursuant to a federal
financial assistance contract. (12) to apply for and accept the local
grants-in-aid required under such federal laws, in the form of
appropriations, cash, municipal services and facilities, or any other
form; (13) to borrow money and issue bonds or other obligations; (14) to
provide for demolition and clearance of property, improvement of
property, or development and use of air rights and concomitant easements
or other rights of user necessary for the use and development of such
air rights and air rights sites, including the remedying of unsuitable
topographical, subsoil or other physical conditions which impede
development within the urban renewal area, and construction of
foundations and platforms as well as other necessary sitework, by the
agency or by the municipality or by the persons, firm or corporation to
whom such property, air rights and easements or air rights site, is sold
or leased, provided, however, that any such work upon or affecting
railroad property, right-of-way or facilities shall be subject to the
approval of and joint supervision by the railroad company or companies
affected. No work upon or affecting railroad property, right-of-way or
facilities shall be progressed without the approval of the railroad
company or companies, and in connection with all such projects upon or
affecting railroad property, right-of-way or facilities appropriate
standards for safety of operations, ventilation and lighting shall be
subject to the approval of the railroad company or companies affected;
(15) to develop, test and report methods and techniques and carry out
demonstration and other activities in relation to or in connection with
one or more programs of urban renewal or other programs relating to the
arrest and prevention of conditions of deterioration or blight. In
carrying out such demonstration and other activities an agency may
itself reconstruct, repair, rehabilitate or otherwise improve such real
property or may sell, lease or otherwise dispose of real property, for
the effectuation of such activities or purposes by the purchaser or
lessee thereof, pursuant to the provisions of section five hundred
fifty-six of this article; (16) to prepare or cause to be prepared a
general neighborhood renewal plan for an area consisting of an urban
renewal area or areas, together with any adjoining areas having
specially related problems, and which is of such size that urban renewal
activities may have to be initiated in stages; (17) to prepare or cause
to be prepared a community-wide plan or program for urban renewal which
shall conform to the comprehensive community plan for the development of
the municipality as a whole; (18) to conduct examinations and
investigations, hear testimony and take proof, under oath at public or
private hearings on any material matters. (19) to convey, assign, grant
or otherwise transfer all of its right, title and interest in any urban
renewal program, or part thereof, or any right, title or interest in or
to any real or personal property, contract, claim or other interest
acquired or held by it in connection with such program, or part thereof,
with or without consideration, to the municipality, subject to the prior
approval of the governing body, upon such terms and conditions as may be
reasonable and appropriate to effectuate such transfer not inconsistent
with the purposes of this article or article fifteen of this chapter or
any contract for financial assistance from the federal government, or
from the state or other public body, for any of the purposes of such
articles or either of them.
fifteen of this chapter, an agency is authorized to plan and undertake
one or more urban renewal projects and shall have the powers necessary
or convenient to carry out and effectuate such project or projects and
the purposes and provisions of this article and article fifteen of this
chapter, including but not limited to the following powers: (1) to sue
and be sued; (2) to have a seal and alter the same at pleasure; (3) to
have perpetual succession; (4) to make and execute contracts and all
other instruments necessary or convenient for the exercise of its powers
and functions; (5) to make and alter by-laws for its organization and
internal management; (6) to acquire or contract to acquire from any
person, firm, corporation or government, by subsidy, contribution, gift,
grant, bequest, devise, purchase, pursuant to the provisions of the
eminent domain procedure law, or otherwise, real or personal property or
any interest therein, including but not limited to air rights, and
easements or other rights of user, necessary for the use and development
of such air rights, to be developed as air rights sites for the
elimination of the blighting influences over an area or areas consisting
principally of land in streets, alleys, highways, and other public
rights of way, railway or subway tracks, bridge or tunnel approaches or
entrances, or other similar facilities which have a blighting influence
on the surrounding area and over which air rights sites are to be
developed for the elimination of such blighting influences, provided,
however, that the acquisition of any air rights over railroad tracks,
rights-of-way or facilities and easements or other rights of user
necessary for the use and development of such air rights are to be
subject to the provisions of section fifty-one-a of the railroad law;
(7) to appoint officers, agents and employees, prescribe their duties,
fix their compensation and delegate to one or more of such officers,
agents or employees such powers or duties as it may deem proper; (8)
with the consent of the municipality to use agents, employees, and
facilities of the municipality, paying to the municipality its agreed
proportion of the compensation or costs; (9) to insure or provide for
the insurance of its property or operations as required by law and also
against such other risks as it may deem advisable; (10) to invest any
moneys held in reserve or sinking funds or any moneys not required for
immediate use or disbursement at the discretion of the agency in
obligations of the state or the United States government or obligations
of which the principal and interest are guaranteed by the state or the
United States government; (11) to cooperate with the federal government
and apply for and accept advances, loans, grants, subsidies,
contributions and any other form of financial assistance from the
federal government, or from the state, county, municipality or other
public body or from any sources public or private, for the purposes of
this article and article fifteen of this chapter; and to give such
security as may be required and to enter into and carry out contracts or
agreements in connection therewith; provided, however, that any
application for a loan, subsidy or grant to the federal government or
the state shall be subject to the prior approval of the governing body;
and to include in any contract for financial assistance with the federal
government for or with respect to an urban renewal project, or with
respect to any other program authorized under the federal housing act of
nineteen hundred forty-nine, and all other federal laws amendatory and
supplemental thereto, such conditions imposed pursuant to federal laws
as the agency may deem reasonable and appropriate and which are not
inconsistent with the purposes of this article or article fifteen of
this chapter. Such conditions may include but shall not be limited to
(a) provisions requiring payments of not less than certain minimum
salaries and wages to architects, engineers, technicians, laborers,
mechanics and other personnel; (b) provisions prohibiting rebates and
kickbacks; and (c) provisions requiring contractors and subcontractors
to furnish reports and other data to the secretary of labor; (d)
provisions requiring payment of actual reasonable moving and related
expenses as well as supplemental and additional payments, to
individuals, families, business concerns or non-profit organizations due
to displacement, so that disproportionate injuries are not suffered as a
result of such program, as may be required by and pursuant to a federal
financial assistance contract. (12) to apply for and accept the local
grants-in-aid required under such federal laws, in the form of
appropriations, cash, municipal services and facilities, or any other
form; (13) to borrow money and issue bonds or other obligations; (14) to
provide for demolition and clearance of property, improvement of
property, or development and use of air rights and concomitant easements
or other rights of user necessary for the use and development of such
air rights and air rights sites, including the remedying of unsuitable
topographical, subsoil or other physical conditions which impede
development within the urban renewal area, and construction of
foundations and platforms as well as other necessary sitework, by the
agency or by the municipality or by the persons, firm or corporation to
whom such property, air rights and easements or air rights site, is sold
or leased, provided, however, that any such work upon or affecting
railroad property, right-of-way or facilities shall be subject to the
approval of and joint supervision by the railroad company or companies
affected. No work upon or affecting railroad property, right-of-way or
facilities shall be progressed without the approval of the railroad
company or companies, and in connection with all such projects upon or
affecting railroad property, right-of-way or facilities appropriate
standards for safety of operations, ventilation and lighting shall be
subject to the approval of the railroad company or companies affected;
(15) to develop, test and report methods and techniques and carry out
demonstration and other activities in relation to or in connection with
one or more programs of urban renewal or other programs relating to the
arrest and prevention of conditions of deterioration or blight. In
carrying out such demonstration and other activities an agency may
itself reconstruct, repair, rehabilitate or otherwise improve such real
property or may sell, lease or otherwise dispose of real property, for
the effectuation of such activities or purposes by the purchaser or
lessee thereof, pursuant to the provisions of section five hundred
fifty-six of this article; (16) to prepare or cause to be prepared a
general neighborhood renewal plan for an area consisting of an urban
renewal area or areas, together with any adjoining areas having
specially related problems, and which is of such size that urban renewal
activities may have to be initiated in stages; (17) to prepare or cause
to be prepared a community-wide plan or program for urban renewal which
shall conform to the comprehensive community plan for the development of
the municipality as a whole; (18) to conduct examinations and
investigations, hear testimony and take proof, under oath at public or
private hearings on any material matters. (19) to convey, assign, grant
or otherwise transfer all of its right, title and interest in any urban
renewal program, or part thereof, or any right, title or interest in or
to any real or personal property, contract, claim or other interest
acquired or held by it in connection with such program, or part thereof,
with or without consideration, to the municipality, subject to the prior
approval of the governing body, upon such terms and conditions as may be
reasonable and appropriate to effectuate such transfer not inconsistent
with the purposes of this article or article fifteen of this chapter or
any contract for financial assistance from the federal government, or
from the state or other public body, for any of the purposes of such
articles or either of them.