§ 160A-505. Alternative organization. - North Carolina Statutes

§ 160A‑505.  Alternative organization.

(a)        (See note) Inlieu of creating a redevelopment commission as authorized herein, the governingbody of any municipality may, if it deems wise, either designate a housingauthority created under the provisions of Chapter 157 of the General Statutesto exercise the powers, duties, and responsibilities of a redevelopmentcommission as prescribed herein, or undertake to exercise such powers, duties,and responsibilities itself. Any such designation shall be by passage of aresolution adopted in accordance with the procedure and pursuant to thefindings specified in G.S. 160A‑504(a) and (b). In the event a governingbody designates itself to perform the powers, duties, and responsibilities of aredevelopment commission, then where any act or proceeding is required to bedone, recommended, or approved both by a redevelopment commission and by themunicipal governing body, then the performance, recommendation, or approvalthereof once by the municipal governing body shall be sufficient to make suchperformance, recommendation, or approval valid and legal. In the event amunicipal governing body designates itself to exercise the powers, duties, andresponsibilities of a redevelopment commission, it may assign the administrationof redevelopment policies, programs and plans to any existing or new departmentof the municipality.

(a)        (For effective date, seenote) In lieu of creating a redevelopment commission as authorizedherein, the governing body of any municipality may, if it deems wise, eitherdesignate a housing authority created under the provisions of Chapter 157 ofthe General Statutes to exercise the powers, duties, and responsibilities of aredevelopment commission as prescribed herein, or undertake to exercise such powers,duties, and responsibilities itself. Any such designation shall be by passageof a resolution adopted in accordance with the procedure and pursuant to thefindings specified in G.S. 160A‑504(a) and (b). In the event a governingbody designates itself to perform the powers, duties, and responsibilities of aredevelopment commission under this subsection, or exercises those powers,duties, and responsibilities pursuant to G.S. 153A‑376 or G.S. 160A‑456,then where any act or proceeding is required to be done, recommended, orapproved both by a redevelopment commission and by the municipal governingbody, then the performance, recommendation, or approval thereof once by themunicipal governing body shall be sufficient to make such performance,recommendation, or approval valid and legal. In the event a municipal governingbody designates itself to exercise the powers, duties, and responsibilities ofa redevelopment commission, it may assign the administration of redevelopmentpolicies, programs and plans to any existing or new department of themunicipality.

(b)        The governing body of any municipality which has prior toJuly 1, 1969, created, or which may hereafter create, a redevelopmentcommission may, in its discretion, by resolution abolish such redevelopmentcommission, such abolition to be effective on a day set in such resolution notless than 90 days after its adoption. Upon the adoption of such a resolution,the redevelopment commission of the municipality is hereby authorized anddirected to take such actions and to execute such documents as will carry intoeffect the provisions and the intent of the resolution, and as will effectivelytransfer its authority, responsibilities, obligations, personnel, and property,both real and personal, to the municipality. Any municipality which abolishes aredevelopment commission pursuant to this subsection may, at any timesubsequent to such abolition or concurrently therewith, exercise the authoritygranted by subsection (a) of this section.

On the day set in the resolution of the governing body:

(1)        The redevelopment commission shall cease to exist as a bodypolitic and corporate and as a public body;

(2)        All property, real and personal and mixed, belonging to theredevelopment commission shall vest in, belong to, and be the property of themunicipality;

(3)        All judgments, liens, rights of liens, and causes of actionof any nature in favor of the redevelopment commission shall remain, vest in,and inure to the benefit of the municipality;

(4)        All rentals, taxes, assessments, and any other funds,charges or fees, owing to the redevelopment commission shall be owed to andcollected by the municipality;

(5)        Any actions, suits, and proceedings pending against, orhaving been instituted by the redevelopment commission shall not be abated bysuch abolition, but all such actions, suits, and proceedings shall be continuedand completed in the same manner as if abolition had not occurred, and themunicipality shall be a party to all such actions, suits, and proceedings in theplace and stead of the redevelopment commission and shall pay or cause to bepaid any judgment rendered against the redevelopment commission in any suchactions, suits, or proceedings, and no new process need be served in any suchaction, suit, or proceeding;

(6)        All obligations of the redevelopment commission, includingoutstanding indebtedness, shall be assumed by the municipality, and all suchobligations and outstanding indebtedness shall be constituted obligations andindebtedness of the municipality;

(7)        All ordinances, rules, regulations and policies of theredevelopment commission shall continue in full force and effect until repealedor amended by the governing body of the municipality.

(c)        Where the governing body of any municipality has in its discretion,by resolution, abolished a redevelopment commission pursuant to subsection (b)above, the governing body of such municipality may, at any time subsequent tothe passage of a resolution abolishing a redevelopment commission, orconcurrently therewith, by the passage of a resolution adopted in accordancewith the procedures and pursuant to the findings specified in G.S. 160A‑504(a)and (b), designate an existing housing authority created pursuant to Chapter157 of the General Statutes to exercise the powers, duties, andresponsibilities of a redevelopment commission. Where the governing body of anymunicipality designates, pursuant to this subsection, an existing housingauthority created pursuant to Chapter 157 of the General Statutes to exercise thepowers, duties, and responsibilities of a redevelopment commission, on the dayset in the resolution of the governing body passed pursuant to subsection (b)of this section, or pursuant to subsection (c) of this section:

(1)        The redevelopment commission shall cease to exist as a bodypolitic and corporate and as a public body;

(2)        All property, real and personal and mixed, belonging to theredevelopment commission or to the municipality as hereinabove provided insubsections (a) or (b), shall vest in, belong to, and be the property of theexisting housing authority of the municipality;

(3)        All judgments, liens, rights of liens, and causes of actionof any nature in favor of the redevelopment commission or in favor of themunicipality as hereinabove provided in subsections (a) or (b), shall remain,vest in, and inure to the benefit of the existing housing authority of themunicipality;

(4)        All rentals, taxes, assessments, and any other funds,charges or fees owing to the redevelopment commission, or owing to themunicipality as hereinabove provided in subsections (a) or (b), shall be owedto and collected by the existing housing authority of the municipality;

(5)        Any actions, suits, and proceedings pending against orhaving been instituted by the redevelopment commission, or the municipality, orto which the municipality has become a party, as hereinabove provided insubsections (a) or (b), shall not be abated by such abolition but all suchactions, suits, and proceedings shall be continued and completed in the samemanner as if abolition had not occurred, and the existing housing authority ofthe municipality shall be a party to all such actions, suits, and proceedingsin the place and stead of the redevelopment commission, or the municipality,and shall pay or cause to be paid any judgments rendered in such actions,suits, or proceedings, and no new processes need be served in such action,suit, or proceeding;

(6)        All obligations of the redevelopment commission, or themunicipality as hereinabove provided in subsections (a) or (b), includingoutstanding indebtedness, shall be assumed by the existing housing authority ofthe municipality; and all such obligations and outstanding indebtedness shallbe constituted obligations and indebtedness of the existing housing authorityof the municipality.

(7)        All ordinances, rules, regulations, and policies of theredevelopment commission, or of the municipality as hereinabove provided insubsections (a) or (b), shall continue in full force and effect until repealedand amended by the existing housing authority of the municipality.

(d)        A housing authority designated by the governing body of anymunicipality to exercise the powers, duties and responsibilities of aredevelopment commission shall, when exercising the same, do so in accordancewith Article 22 of Chapter 160A of the General Statutes. Otherwise the housingauthority shall continue to exercise the powers, duties and responsibilities ofa housing authority in accordance with Chapter 157 of the General Statutes. (1969, c. 1217, s. 1; 1971, c. 116, ss. 1, 2; 1973, c. 426, s. 75; 1981(Reg. Sess., 1982), c. 1276, s. 13; 2003‑403, s. 16.)