§53-83 - Powers of county.
[§53-83] Powers of county. Any county
which pursuant to section 53-81 shall directly rather than through an agency
exercise the powers conferred upon an agency by parts I and II of this chapter
shall have all powers granted to an agency under such parts, and the provisions
of such parts shall be applicable to the county in the exercise of such powers
as though the county constituted an agency thereunder. However, the preceding
provisions of this paragraph shall be subject to the following:
(1) The county shall exercise such powers in its own
name and shall not be required to use the words "redevelopment
agency" in such exercise.
(2) The provisions of section 53-2, being
inappropriate where the county directly carries out the purposes of this
chapter, shall not be applicable.
(3) The provisions of section 53-3 shall apply to the
members of the council and to the elected and appointed officials and the
employees of the county administering or performing the functions of the county
under this part or responsible for such administration or performance.
(4) The provisions of section 53-4 shall not be
applicable to the county. In lieu thereof removal of members of the council
and of the elected and appointed officials and the employees of the county
administering or performing any of the functions of the county under this part
shall be as provided in the charter of the county or in other laws.
(5) The provisions of paragraph (3) of section 53-5
shall not apply to the county. In lieu thereof the county shall appoint such
personnel as provided by or in accordance with the charter of the county or
other laws.
(6) The words "redevelopment agency" and
"agency" where used in the first and second paragraphs and the first
sentence of the third paragraph of section 53-6 shall mean the officer or
department of the county to which or whom is assigned the performance of the
duties and functions of the county under this part, and amendments made
pursuant to said section by the board to a redevelopment plan shall not be required
to be approved by such officer or department.
(7) The provisions of the third, fifth and seventh
paragraphs of section 53-8, being inappropriate to the carrying out by the
county directly of the purposes of this chapter, shall not be applicable.
(8) The county shall possess all powers granted by
section 53-11 to an instrumentality of the government with the same force and
effect as though the county were not directly performing the functions of an
agency under this chapter.
(9) The bonds referred to in paragraph (5) of section
53-11 shall include bonds issued by the county to carry out the purposes of
this chapter.
(10) Any lease proposed to be entered into under the
provisions of section 53-12 which has been authorized by the council need not thereafter
be submitted to the council for its approval or disapproval.
(11) The provisions of section 53-14 shall be
inapplicable. The county may provide for payments to the county in lieu of
taxes or for the supplying by the county of governmental services.
(12) Borrowings by the county pursuant to section
53-15 and the issuance by the county of bonds pursuant to section 53-16 shall
be subject to the provisions of section 53-84.
(13) The provisions of section 53-18 shall not be
applicable. In lieu thereof any funds of the county arising out of the
exercise of its functions under this part shall be invested in accordance with
the provisions of law applicable to the investment of other moneys of the
county.
(14) The provisions of section 53-19 shall not be
applicable. In lieu thereof the county shall include in its annual financial
report a report of its receipts, expenditures and activities under this chapter
for the year to which such annual report pertains, and shall include in its
annual budget or budgets its proposed program under this chapter and the
estimated cost thereof for the year to which such budget or budgets pertain.
(15) The approval by the council of any plan or
project authorized in section 53-20 shall not require any concurrency, including
by the officer or department administering or performing the functions of the
county under this part.
(16) The provisions of [subsection] (b) of section
53-22 shall be inapplicable; provided that nothing in this subparagraph shall
be deemed to prohibit the county from advancing for the purposes of this part
moneys other than redevelopment moneys or funds, or from reimbursing itself
from redevelopment moneys or funds so advanced, or from issuing its bonds as
provided in this part.
(17) The words the "agency, the county"
where used in the second sentence of section 53-53 shall mean and refer to the
county.
(18) The second sentence of section 53-54 shall be
construed as meaning that the county may delegate to any other public body any
of the powers or functions of the county with respect to the planning or
undertaking of an urban renewal project in the area in which such public body
is authorized to act, and such other public body may carry out or perform such
powers or functions for the county. [L 1974, c 123, pt of §2]
Revision Note
"Section 53-84" in paragraph (12) substituted for
"the next section of this part".