36-1474

36-1474. Powers of municipalities

A. Every municipality shall have all the powers necessary or convenient to carry
out and effectuate the purposes and provisions of this article, including the following
powers in addition to others granted by this article:

1. To prepare or cause to be prepared redevelopment plans and to undertake and
carry out redevelopment projects within its area of operation.

2. 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 anything to the
contrary contained in this article or any other provision of law notwithstanding, to
agree to any conditions that it deems 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 the undertaking or
carrying out of a redevelopment project, and to include in any contract let in connection
with a redevelopment project, provisions to fulfill the conditions as it deems reasonable
and appropriate.

3. Within its area of operation:

(a) To purchase, lease, obtain options upon, acquire by gift, grant, bequest,
devise, eminent domain or otherwise, any real or personal property or any interest in the
property, together with any improvements on the property, necessary or incidental to a
redevelopment project.

(b) To hold, improve, clear or prepare for redevelopment any such property.

(c) To sell, lease, 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 in the property in a redevelopment project.

(d) To enter into contracts with redevelopers of property containing covenants,
restrictions and conditions regarding the use of the property for residential,
commercial, industrial, recreational or other purposes or for public purposes in
accordance with a redevelopment plan and the other covenants, restrictions and conditions
as the municipality deems necessary to prevent a recurrence of conditions that qualify an
area as a slum or blighted area or to effectuate the purposes of this article. A
municipality may not exercise the power of eminent domain unless the municipality makes a
separate determination by a two-thirds vote of the local governing body that the property
is critical to the project and the existing use of the property is not compatible with
the proposed use and cannot be incorporated into or excluded from the proposed
redevelopment project.

(e) 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 these covenants or conditions, including the right in the municipality to
terminate these contracts and any interest in the property created pursuant thereto.

(f) To borrow money and issue bonds and provide security for loans or bonds.

(g) To insure or provide for the insurance of any real or personal property or
operations of the municipality in a redevelopment project of the municipality against any
risks or hazards, including the power to pay premiums on the insurance.

(h) To enter into any contracts necessary to effectuate the purposes of this
article.

No statutory provision with respect to the acquisition, clearance or disposition of
property by public bodies shall restrict a municipality in these functions with respect
to a redevelopment project, unless the legislature specifically so states.

4. To invest any redevelopment project funds held in reserves or sinking funds or
any redevelopment project funds not required for immediate disbursement, in property or
securities in which savings banks may legally invest funds subject to their control and
to redeem the bonds which have been issued pursuant to section 36-1481 at the redemption
price established therein or to purchase the bonds at less than redemption price, all
bonds so redeemed or purchased to be cancelled.

5. 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 body or from any sources, public or private, for the
purposes of this article, to give such security as may be required and to enter into and
carry out contracts in connection therewith. Notwithstanding any other law, a
municipality may include in any contract for financial assistance with the federal
government for a redevelopment project conditions imposed pursuant to federal law the
municipality deems reasonable and appropriate and which are not inconsistent with the
purposes of this article.

6. Within its area of operation, to make or have made all surveys, appraisals,
studies and plans, including the preparation of a general plan for the development of the
municipality, necessary to carry out the purposes of this article and to contract or
cooperate with any and all persons or agencies, public or private, to make and to carry
out the surveys, appraisals, studies and plans.

7. To prepare plans and provide reasonable assistance for the relocation of
families displaced from a redevelopment project area to the extent essential for
acquiring possession of and clearing the area or parts of the area to permit the carrying
out of the redevelopment project.

8. To appropriate funds and make expenditures necessary to carry out the purposes
of this article and to make expenditures from funds obtained from the federal government
without regard to any other laws pertaining to the making and approval of appropriations
and expenditures.

9. To exercise all or any part or combination of powers granted by this section.

B. A municipality must notify each owner of real property located within the
boundaries of a proposed redevelopment project area of the time, date and location of a
public meeting concerning the proposed adoption of the redevelopment plan if the
municipality intends to acquire that owner's property or any interest in that property.
The municipality must provide this notice by first class mail to the address stated on
the most recent records of the county assessor.

C. The designation of an area as a slum or blighted area terminates ten years after
this designation unless substantial action has been taken to remove the slum or blighted
conditions. The termination does not affect existing projects as described in section
35-701, paragraph 8, subdivision (a), item (xiv) that are within that designated area.