ยง53-5 - Powers and duties of agency.
ยง53-5ย Powers and duties of agency.ย The
powers and duties of the redevelopment agency shall be as follows:
(1)ย To undertake and carry out urban renewal projects
and related activities authorized by this chapter; to make and execute
contracts and other instruments necessary or convenient to exercise its powers
under this chapter; to sue and be sued; to have a seal; and, subject to any
limitations in this chapter contained, to exercise all powers necessary,
incidental, or convenient to carry out and effectuate the purposes and
provisions of this chapter.
(2)ย To make, amend, and repeal rules and regulations
not inconsistent with this part to carry into effect the powers and purposes
thereof, which rules and regulations shall be subject to chapter 91.
(3)ย To appoint a manager and a deputy manager who
shall have such qualifications as the agency deems necessary and who shall hold
their respective offices at the pleasure of the agency.ย The manager shall be
exempt from the requirements of chapter 76 and shall receive such salary as the
agency may provide.ย The deputy manager shall be exempt from the requirements
of chapter 76 but shall be subject to the position classification plan.ย The
manager shall have full power to administer the affairs of the agency, subject
to the direction and approval of the agency.ย The manager shall, subject to the
approval of the agency, have power to appoint, suspend, and discharge such
other employees, subordinates, and assistants as may be necessary for the
proper conduct of the business of the agency.ย All the appointments,
suspensions or discharges shall be made in conformity with the applicable
provisions of chapter 76.
(4)ย To make preliminary surveys, studies, and plans
to identify redevelopment areas; provided that the studies and initial
determination of what areas are blighted, within the meaning of this part,
shall be made exclusively by the planning commission, and to make redevelopment
plans for the areas, which plans shall be in conformity with the master plan
for the development of the locality, and each plan shall show the outline of
the area, character of existing development, proposed use of land, general
character of new buildings and other general details of redevelopment, as well
as the preliminary estimated cost thereof.ย Further, the plans shall give due
consideration to the provision of adequate park and recreational areas and
facilities that may be desirable for neighborhood improvement, with special
consideration for the health, safety and welfare of children residing in the
general vicinity of the site covered by the plans.ย In preparing redevelopment
plans the agency shall utilize such assistance as can be given by employees of
the government, but may also enter into contracts for professional services in
connection therewith.ย Any council which is not otherwise authorized to
establish a planning commission with power to prepare a master plan for the
physical development of the locality, may prepare such a master plan for the
purposes of initiating and carrying out a redevelopment project under this
part.
(5)ย To assist and cooperate with other local agencies
within the State and to contract for professional services with the other local
agencies in carrying out its duties.
(6)ย To establish and operate a central relocation
office which shall perform such functions and activities as may be necessary
and proper for the satisfactory relocation of families, individuals,
businesses, and nonprofit organizations, incorporated and unincorporated,
displaced by any governmental action to decent, safe, and sanitary locations at
rents and prices within the financial means of the displaced families,
individuals, businesses, and nonprofit organizations.ย To the extent that
special funds are made available by the State or the county, the agency may
authorize the central relocation office to make relocation payments for actual
moving costs to families, individuals, businesses, and nonprofit organizations,
incorporated or unincorporated, displaced from other than urban renewal projects;
provided that the payments shall not exceed $100 for each displaced family or
individual and $300 for each displaced business (including the operation of a
farm) or nonprofit organization; provided further that the payments shall not
be made to recipients of any other relocation payments made by any government
or agency thereof for the same displacement.ย In the case of a business, the
allowable expenses for transportation shall not exceed the cost of moving fifty
miles from the point from which the business is being displaced.
To prepare plans for and assist in the relocation
of persons (including individuals, families, business concerns, nonprofit
organizations and others) displaced from an urban renewal area, and to make
relocation payments to or with respect to the persons from funds provided by
the federal government.
(7)ย To prepare a general neighborhood renewal plan
for urban renewal areas which may be of such scope that urban renewal
activities may have to be carried out in stages over an estimated period of up
to ten years.ย The plan may include, but is not limited to, a preliminary plan
which (A) outlines the urban renewal activities proposed for the area involved,
(B) provides a framework for the preparation of urban renewal plans, and (C)
indicates generally the land uses, population density, building coverage,
prospective requirements for rehabilitation and improvement of property, and
portions of the area contemplated for clearance and redevelopment.ย A general
neighborhood renewal plan shall, in the determination of the local governing
body, conform to the general plan of the locality as a whole and the workable
program of the county. [L 1949, c 379, pt of ยง4; am L 1951, c 244, pt of ยง3; am
L 1953, c 209, ยง3; am L 1955, c 271, ยง1(f); RL 1955, ยง143-6; am L 1957, c 163,
ยง1; am L 1959, c 33, ยง1; am L 1961, c 112, ยง1 and c 144, ยง1; am L 1963, c 66,
ยง1; am L 1965, c 96, ยง89 and c 101, ยง1(b) to (e); HRS ยง53-5; am L 2000, c 253,
ยง150]