§ 160A-512. Powers of commission. - North Carolina Statutes

§ 160A‑512.  Powers ofcommission.

A commission shall constitutea public body, corporate and politic, exercising public and essentialgovernmental powers, which powers shall include all powers necessary orappropriate to carry out and effectuate the purposes and provisions of thisArticle, including the following powers in addition to those herein otherwisegranted:

(1)        To procure from theplanning commission the designation of areas in need of redevelopment and itsrecommendation for such redevelopment;

(2)        To cooperate withany government or municipality as herein defined;

(3)        To act as agent ofthe State or federal government or any of its instrumentalities or agencies forthe public purposes set out in this Article;

(4)        To prepare or causeto be prepared and recommend redevelopment plans to the governing body of themunicipality and to undertake and carry out "redevelopment projects"within its area of operation;

(5)        Subject to theprovisions of G.S. 160A‑514(b) to arrange or contract for the furnishing orrepair, by any person or agency, public or private, of services, privileges,works, streets, roads, public utilities or other facilities for or inconnection with a redevelopment project; and (notwithstanding anything to thecontrary contained in this Article or any other provision of law), to agree toany conditions that it may deem reasonable and appropriate attached to federalfinancial assistance and imposed pursuant to federal law relating to thedetermination of prevailing salaries or wages or compliance with laborstandards, in the undertaking or carrying out of a redevelopment project, andto include in any contract let in connection with such a project, provisions tofulfill such of said conditions as it may deem reasonable and appropriate;

(6)        Within its area ofoperation, to purchase, obtain options upon, acquire by gift, grant, bequest,devise, eminent domain or otherwise, any real or personal property or anyinterest therein, together with any improvements thereon, necessary orincidental to a redevelopment project, except that eminent domain may only beused to take a blighted parcel; to hold, improve, clear or prepare forredevelopment any such property, and 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 orotherwise encumber or dispose of any real or personal property or any interesttherein, either as an entirety to a single "redeveloper" or in partsto several redevelopers; provided that the commission finds that the sale orother transfer of any such part will not be prejudicial to the sale of otherparts of the redevelopment area, nor in any other way prejudicial to therealization of the redevelopment plan approved by the governing body; to enterinto contracts, either before or after the real property that is the subject ofthe contract is acquired by the Commission (although disposition of theproperty is still subject to G.S. 160A‑514), with "redevelopers"of property containing covenants, restrictions, and conditions regarding theuse of such property for residential, commercial, industrial, recreationalpurposes or for public purposes in accordance with the redevelopment plan andsuch other covenants, restrictions and conditions as the commission may deemnecessary to prevent a recurrence of blighted areas or to effectuate thepurposes of this Article; to make any of the covenants, restrictions orconditions of the foregoing contracts covenants running with the land, and toprovide appropriate remedies for any breach of any such covenants orconditions, including the right to terminate such contracts and any interest inthe property created pursuant thereto; to borrow money and issue bonds thereforand provide security for bonds; to insure or provide for the insurance of anyreal or personal property or operations of the commission against any risks orhazards, including the power to pay premiums on any such insurance; and toenter into any contracts necessary to effectuate the purposes of this Article;

(7)        To invest any fundsheld in reserves or sinking funds or any funds not required for immediatedisbursements, in such investments as may be lawful for guardians, executors,administrators or other fiduciaries under the laws of this State; to redeem itsbonds at the redemption price established therein or to purchase its bonds atless than redemption price, all bonds so redeemed or purchased to be cancelled;

(8)        To borrow money andto apply for and accept advances, loans evidenced by bonds, grants,contributions and any other form of financial assistance from the federalgovernment, the State, county, municipality or other public body or from anysources, public or private for the purposes of this Article, to give suchsecurity as may be required and to enter into and carry out contracts inconnection therewith; and, notwithstanding the provisions of any other law, mayinclude in any contract for financial assistance with the federal government fora redevelopment project such conditions imposed pursuant to federal law as thecommission may deem reasonable and appropriate and which are not inconsistentwith the purposes of this Article;

(9)        Acting through oneor more commissioners or other persons designated by the commission, to conductexaminations and investigations and to hear testimony and take proof under oathat public or private hearings on any matter material for its information; toadminister oaths, issue subpoenas requiring the attendance of witnesses or theproduction of books and papers;

(10)      Within its area ofoperation, to make or have made all surveys, studies and plans (but notincluding the preparation of a general plan for the community) necessary to thecarrying out of the purposes of this Article and in connection therewith toenter into or upon any land, building, or improvement thereon for such purposesand to make soundings, test borings, surveys, appraisals and other preliminarystudies and investigations necessary to carry out its powers but such entryshall constitute no cause of action for trespass in favor of the owner of suchland, building, or improvement except for injuries resulting from negligence,wantonness or malice; and to contract or cooperate with any and all persons oragencies public or private, in the making and carrying out of such surveys,appraisals, studies and plans.

Aredevelopment commission is hereby specifically authorized to make (i) plansfor carrying out a program of voluntary repair and rehabilitation of buildingsand improvements and (ii) plans for the enforcement of laws, codes, andregulations relating to the use of land and the use and occupancy of buildingsand improvements, and to the compulsory repair, rehabilitation, demolition, orremoval of buildings and improvements. The redevelopment commission is furtherauthorized to develop, test and report methods and techniques, and carry outdemonstrations and other activities, for the prevention and elimination ofslums and urban blight.

(11)      To make suchexpenditures as may be necessary to carry out the purposes of this Article; andto make expenditures from funds obtained from the federal government;

(12)      To sue and be sued;

(13)      To adopt a seal;

(14)      To have perpetualsuccession;

(15)      To make and executecontracts and other instruments necessary or convenient to the exercise of thepowers of the commission; and any contract or instrument when signed by thechairman or vice‑chairman and secretary or assistant secretary, or,treasurer or assistant treasurer of the commission shall be held to have beenproperly executed for and on its behalf;

(16)      To make and from timeto time amend and repeal bylaws, rules, regulations and resolutions;

(17)      To make available tothe government or municipality or any appropriate agency, board or commission,the recommendations of the commission affecting any area in its field ofoperation or property therein, which it may deem likely to promote the publichealth, morals, safety or welfare;

(18)      To performredevelopment project undertakings and activities in one or more contiguous ornoncontiguous redevelopment areas which are planned and carried out on thebasis of annual increments. (1951, c. 1095, s. 9; 1961, c. 837, ss. 5, 7; 1969, c.254, s. 1; 1973, c. 426, s. 75; 1981 (Reg. Sess., 1982), c. 1276, s. 14; 2003‑403,s. 17; 2006‑224, s. 2.3; 2006‑259, s. 47.)