State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter9

CHAPTER 9 - URBAN RENEWAL

 

ARTICLE 1 - URBAN DEVELOPMENT

 

15-9-101. Short title.

 

Thischapter may be cited as the "Wyoming Urban Renewal Code."

 

15-9-102. Legislative findings.

 

 

(a) It is hereby found and declared that there exists inmunicipalities of the state slum and blighted areas (as herein defined) whichconstitute a serious and growing menace, injurious to the public health,safety, morals and welfare of the residents of the state; that the existence ofsuch areas contributes substantially and increasingly to the spread of diseaseand crime, constitutes an economic and social liability imposing onerousmunicipal burdens which decrease the tax base and reduce tax revenues,substantially impairs or arrests the sound growth of municipalities, retardsthe provision of housing accommodations, aggravates traffic problems andsubstantially impairs or arrests the elimination of traffic hazards and theimprovement of traffic facilities; and that the prevention and elimination ofslums and blight is a matter of state policy and state concern.

 

(b) It is further found and declared that certain slum orblighted areas, or portions thereof, may require acquisition, clearance, anddisposition subject to use restrictions, as provided in this act, since theprevailing conditions of decay may make impracticable the reclamation of thearea by conservation or rehabilitation; that other areas or portions thereofmay, through the means provided in this act, be susceptible to conservation orrehabilitation in such a manner that the conditions and evils hereinbeforeenumerated may be eliminated, remedied or prevented; and that salvageable slumand blighted areas can be conserved and rehabilitated through appropriatepublic action as herein authorized, and the cooperation and voluntary action ofthe owners and tenants of property in such areas.

 

(c) It is further found and declared that the powers conferredby this act are for public uses and purposes for which public money may beexpended and the power of eminent domain and police power exercised; and thatthe necessity in the public interest for the provisions herein enacted ishereby declared as a matter of legislative determination.

 

15-9-103. Definitions.

 

 

(a) As used in this chapter, unless a different meaning isclearly indicated by the context:

 

(i) "Agency" or "urban renewal agency"means a public agency created by W.S. 15-9-134;

 

(ii) "Area of operation" means the area within thecorporate limits of the municipality and the area within five (5) miles ofthose limits, except that it does not include any area which lies within theterritorial boundaries of another incorporated city or town unless a resolutionhas been adopted by the governing body of the other city or town declaring aneed therefor;

 

(iii) "Blighted area" means an area which by reason ofthe presence of a substantial number of slums, deteriorated or deterioratingstructures, predominance of defective or inadequate street layout, faulty lotlayout in relation to size, adequacy, accessibility or usefulness, unsanitaryor unsafe conditions, deterioration of site or other improvements, diversity ofownership, tax or special assessments, delinquency exceeding the fair value ofthe land, defective or unusual conditions of title, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors, substantially impairs or arrests the sound growthof a municipality, retards the provision of housing accommodations orconstitutes an economic or social liability and is a menace to the publichealth, safety, morals or welfare in its present condition and use. However,if the blighted area consists of open land, the conditions contained in W.S.15-9-110(b) apply and any disaster area referred to in W.S. 15-9-112constitutes a "blighted area";

 

(iv) "Bonds" means any bonds, notes, interimcertificates, certificates of indebtedness, debentures or other obligations;

 

(v) "Clerk" means the clerk or other official of themunicipality who is the custodian of the official records of the municipality;

 

(vi) "Council" or "commission" means acouncil, board, commission, department, division, office, body or other unit ofthe municipality;

 

(vii) "Federal government" means the United States ofAmerica or any agency or instrumentality thereof;

 

(viii) "Local governing body" means the commission,council or other legislative body charged with governing the municipality;

 

(ix) "Mayor" means the mayor of a municipality orother officer or body having the duties customarily imposed upon the executivehead of a municipality;

 

(x) "Municipality" means any incorporated orchartered city or town as established under Wyoming law;

 

(xi) "Obligee" means any bondholder, agents ortrustees for any bondholders, or lessor demising to the municipality, propertyused in connection with an urban renewal project, or any assignee or assigneesof the lessor's interest or any part thereof, and the federal government if itis a party to any contract with the municipality;

 

(xii) "Person" means any individual, firm, partnership,corporation, company, association, joint stock association or body politic andincludes any trustee, receiver, assignee or other person acting in a similarrepresentative capacity;

 

(xiii) "Public body" means the state, or any county,municipality, board, commission, authority, district or any other subdivisionor public body thereof;

 

(xiv) "Public officer" means any officer who is incharge of any department or branch of the government of the municipalityrelating to health, fire, building regulations or any other activitiesconcerning dwellings in the municipality;

 

(xv) "Real property" means all lands, includingimprovements and fixtures thereon, and property of any nature appurtenantthereto, or used in connection therewith, and every estate, interest, right anduse therein, including terms for years and liens by way of judgment, mortgageor otherwise;

 

(xvi) "Slum area" means an area in which there is apredominance of buildings or improvements, whether residential ornonresidential, which by reason of dilapidation, deterioration, age orobsolescence, inadequate provision for ventilation, light, air, sanitation, oropen spaces, high density of population and overcrowding, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors is conducive to ill health and is detrimental tothe public safety, morals or welfare;

 

(xvii) "Urban renewal area" means a slum area or ablighted area or a combination thereof which the local governing body designatesas appropriate for an urban renewal project;

 

(xviii) "Urban renewal plan" means a plan, as it existsfrom time to time, for one (1) or more urban renewal areas, or for any urbanrenewal project, which:

 

(A) Conforms to the general plan for the municipality as awhole, except as provided in W.S. 15-9-112, and is consistent with definitelocal objectives respecting appropriate land uses, improved traffic, publictransportation, public utilities, recreational and community facilities andother public improvements; and

 

(B) Is sufficiently complete to indicate land acquisition,demolition and removal of structures, redevelopment, improvements andrehabilitation as may be proposed to be carried out in the urban renewal area,zoning and planning changes, if any, land used, maximum densities and buildingrequirements.

 

(xix) "Urban renewal project" includes undertakings andactivities of a municipality in one (1) or more urban renewal areas for theelimination and for the prevention of the development or spread of slums andblight, and may involve slum clearance and redevelopment in an urban renewalarea, or rehabilitation or conservation in an urban renewal area, or anycombination or part thereof in accordance with an urban renewal plan. Theundertakings and activities may include:

 

(A) Acquisition of a slum area or a blighted area or portionthereof;

 

(B) Demolition and removal of buildings and improvements;

 

(C) Installation, construction or reconstruction of streets,utilities, parks, playgrounds and other improvements necessary for carrying outin the urban renewal area the urban renewal objectives of this chapter inaccordance with the urban renewal plan;

 

(D) Disposition of any property acquired in the urban renewalarea at its fair value for uses in accordance with the urban renewal plan;

 

(E) Carrying out plans for a program of voluntary or compulsoryrepair and rehabilitation of buildings or other improvements in accordance withthe urban renewal plan; and

 

(F) Acquisition of any other real property in the urban renewalarea if necessary to eliminate unhealthy, unsanitary or unsafe conditions,lessen density, eliminate obsolete or other uses detrimental to the publicwelfare, or otherwise to remove or prevent the spread of blight or deteriorationor to provide land for needed public facilities.

 

15-9-104. Private enterprise to be preferred; when considered.

 

 

(a) A municipality, to the greatest extent it determines to befeasible in carrying out the provisions of this chapter and consistent with itsneeds, shall afford maximum opportunity to the rehabilitation or redevelopmentof the urban renewal area by private enterprise. A municipality shall giveconsideration to this objective in exercising its powers under this chapter,including the:

 

(i) Formulation of a workable program;

 

(ii) Approval of communitywide plans or programs for urbanrenewal and general neighborhood renewal plans (consistent with the generalplan of the municipality);

 

(iii) Exercising of its zoning powers;

 

(iv) Enforcement of other laws, codes and regulations relatingto the use of land and the use and occupancy of buildings and improvements;

 

(v) Disposition of any property acquired; and

 

(vi) Provision of necessary public improvements.

 

15-9-105. Workable program; formulation; objectives and provisionsthereof.

 

 

(a) For the purposes of this chapter a municipality mayformulate for itself a workable program for utilizing appropriate private andpublic resources to:

 

(i) Eliminate and prevent the development or spread of slumsand urban blight;

 

(ii) Encourage needed urban rehabilitation;

 

(iii) Provide for the redevelopment of slum and blighted areas;or

 

(iv) Undertake any of those activities or other feasiblemunicipal activities as may be suitably employed to achieve the objectives of aworkable program.

 

(b) A workable program may include provisions for the:

 

(i) Prevention of the spread of blight through diligentenforcement of housing, zoning and occupancy controls and standards;

 

(ii) Rehabilitation or conservation of slum and blighted areasor portions thereof by:

 

(A) Replanning;

 

(B) Removing congestion;

 

(C) Providing parks, playgrounds and other public improvements;

 

(D) Encouraging voluntary rehabilitation; and

 

(E) Compelling the repair and rehabilitation of deteriorated ordeteriorating structures.

 

(iii) Clearance and redevelopment of slum and blighted areas orportions thereof.

 

15-9-106. Initiative resolution; how adopted; findings.

 

 

(a) No municipality shall exercise the authority conferred uponmunicipalities by this chapter until the local governing body, on its ownmotion or by virtue of a petition signed by twenty-five (25) or more electorsof the municipality, has adopted a resolution finding that:

 

(i) One (1) or more slum or blighted areas exist in themunicipality; and

 

(ii) The rehabilitation, conservation, redevelopment or acombination thereof of the area or areas is necessary in the interest of thepublic health, safety, morals or welfare of the residents of the municipality.

 

15-9-107. Preliminary requirements for projects; generally.

 

Anurban renewal project for an urban renewal area shall not be planned orinitiated unless the governing body, by resolution, has determined the area tobe a slum area or a blighted area or a combination thereof and designated it asappropriate for an urban renewal project. A municipality shall not acquirereal property for any urban renewal project unless the local governing body hasapproved the urban renewal project in accordance with W.S. 15-9-110.

 

15-9-108. Preliminary requirements for projects; preparation of plan;review by commission.

 

Amunicipality may prepare an urban renewal plan or have one prepared by theurban renewal agency established in W.S. 15-9-134. Any person or agency mayalso submit an urban renewal plan to a municipality. Prior to approving anurban renewal project, the local governing body shall submit the urban renewalplan to the planning commission of the municipality, if any, for review andrecommendations as to its conformity with the general plan for the developmentof the entire municipality. The planning commission shall submit its writtenrecommendations with respect to the proposed urban plan to the local governingbody within thirty (30) days after receipt of the plan for review. Uponreceipt of the planning commission recommendations, or if no recommendationsare received within thirty (30) days, the local governing body may proceed withthe hearing on the proposed urban renewal project in accordance with theprovisions of W.S. 15-9-109.

 

15-9-109. Preliminary requirements for projects; hearing; publicationand contents of notice.

 

 

(a) The local governing body, under rules or procedures itdetermines, shall hold a public hearing on any urban renewal project.

 

(b) A notice of the hearing shall be published in a newspaperhaving a general circulation in the area of operation of the municipality fortwo (2) successive weeks, with the last publication thereof to be at least five(5) days prior to the hearing. The notice shall:

 

(i) Describe the time, date, place and purpose of the hearing;

 

(ii) Generally identify the urban renewal area covered by theplan; and

 

(iii) Outline the general scope of the urban renewal projectunder consideration.

 

15-9-110. Preliminary requirements for projects; approval by andfindings of governing body.

 

 

(a) Following the hearing specified in W.S. 15-9-109, the localgoverning body may approve an urban renewal project and the plan therefor if itfinds that:

 

(i) A feasible method exists for the relocation of families whowill be displaced from the urban renewal area in decent, safe and sanitarydwelling accommodations within their means and without undue hardship to thosefamilies;

 

(ii) The urban renewal plan conforms to the general plan of themunicipality as a whole;

 

(iii) The urban renewal plan gives due consideration to theprovision of adequate park and recreational areas and facilities that may bedesirable for neighborhood improvement, with special consideration for thehealth, safety and welfare of children residing in the general vicinity of thesite covered by the plan;

 

(iv) The urban renewal plan affords maximum opportunity,consistent with the municipality's needs, for the rehabilitation orredevelopment of the urban renewal area by private enterprise.

 

(b) If the urban renewal area consists of an area of open landto be acquired by the municipality, the area shall not be so acquired unless:

 

(i) If it is to be developed for residential uses, the localgoverning body shall determine that:

 

(A) A shortage of housing of sound standards and design whichis decent, safe and sanitary exists in the municipality;

 

(B) The need for housing accommodations has been or will beincreased as a result of the clearance of slums in other areas;

 

(C) The conditions of blight in the area and the shortage ofdecent, safe and sanitary housing cause or contribute to an increase in andspread of disease and crime and constitute a menace to the public health,safety, morals or welfare; and

 

(D) The acquisition of the area for residential uses is anintegral part of and essential to the program of the municipality;

 

(ii) If it is to be developed for nonresidential uses, the localgoverning body shall determine that the:

 

(A) Nonresidential uses are necessary and appropriate tofacilitate the proper growth and development of the community in accordancewith sound planning standards and local community objectives;

 

(B) Acquisition may require the exercise of governmental actionas provided in this chapter, because of:

 

(I) Defective or unusual conditions of title;

 

(II) Diversity of ownership;

 

(III) Tax delinquency;

 

(IV) Improper subdivisions;

 

(V) Outmoded street patterns;

 

(VI) Deterioration of site;

 

(VII) Economic disuse;

 

(VIII) Unsuitable topography or faulty lot layouts;

 

(IX) Need for the correlation of the area with other areas of amunicipality by streets and modern traffic requirements; or

 

(X) Any combination of factors specified in this subparagraphor other conditions which retard development of the area.

 

15-9-111. When plan modifiable and effective.

 

 

(a) An urban renewal plan may be modified at any time. If aplan is modified after the lease or sale by the municipality of real propertyin the urban renewal project area, the modification may be conditioned upon theapproval of the owner, lessee or successor in interest as the municipalitydeems advisable. The modification is subject to any rights at law or in equityas a lessee or purchaser, or his successor or successors in interest, areentitled to assert.

 

(b) Upon the approval by a municipality of an urban renewalplan or of any modification thereof, the plan or modification is deemed to bein full force and effect, and the municipality may then cause the plan ormodification to be carried out in accordance with its terms.

 

15-9-112. Provisions not applicable for disaster area.

 

Notwithstanding any other provisions ofthis chapter, if a local governing body certifies that an area is in need ofredevelopment or rehabilitation as a result of a flood, fire, tornado,earthquake, storm or other catastrophe for which the governor of the state hascertified the need for disaster assistance under 42 U.S.C. 5121 et seq., orother federal law, the local governing body may approve an urban renewal planand an urban renewal project for that area without regard to the provisions ofW.S. 15-9-109 and the provisions of this act requiring a general plan for themunicipality and a public hearing on the urban renewal project.

 

15-9-113. General powers of municipality.

 

 

(a) In addition to any other powers specified by law, everymunicipality has all the powers necessary to carry out the purposes and provisionsof this chapter, including the following powers:

 

(i) To undertake and carry out urban renewal projects andrelated activities within its area of operation; and to:

 

(A) Make and execute contracts and other instruments necessaryor convenient to the exercise of its powers under this act;

 

(B) Disseminate slum clearance and urban renewal information.

 

(ii) To provide or 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 in connection withan urban renewal project;

 

(iii) To install, construct and reconstruct streets, utilities,parks, playgrounds and other public improvements;

 

(iv) To agree to any conditions that it deems reasonable andappropriate attached to federal financial assistance and imposed pursuant tofederal law relating to the determination of prevailing salaries or wages orcompliance with labor standards, in the undertaking or carrying out of an urbanrenewal project and related activities and to include in any contract let inconnection with such a project and related activities, provisions to fulfillthose conditions as it deems reasonable and appropriate;

 

(v) Within its area of operation, to enter into any building orproperty in any urban renewal area in order to make inspections, surveys,appraisals, soundings or test borings, and to obtain an order for this purposefrom a court of competent jurisdiction in the event entry is denied or resistedas provided by law;

 

(vi) To acquire by purchase, lease, option, gift, grant,bequest, devise, eminent domain or otherwise, any real property (or personalproperty for its administrative purposes) together with any improvementsthereon and to hold, improve, clear or prepare for redevelopment any suchproperty;

 

(vii) To mortgage, pledge, hypothecate or otherwise encumber ordispose of any real property;

 

(viii) To insure or provide for the insurance of any real orpersonal property;

 

(ix) To enter into any contracts necessary to effectuate thepurposes of this act;

 

(x) To invest any urban renewal project funds held in reservesor sinking funds or any such funds not required for immediate disbursement inproperty or securities in which savings banks may legally invest funds subjectto their control, or to deposit in savings accounts in national or state banksand to redeem any bonds issued pursuant to W.S. 15-9-119 at the redemptionprice established therein or to purchase those bonds at less than redemptionprice, all such bonds so redeemed or purchased to be cancelled;

 

(xi) To borrow money and to apply for and accept any form offinancial assistance from any source for the purposes of this chapter, to givesuch security as may be required, to enter into and carry out contracts oragreements in connection therewith and to include in any contract for financialassistance with the federal government for or with respect to any urban renewalproject and related activities such conditions imposed pursuant to federal lawsas the municipality deems reasonable and appropriate and which are notinconsistent with the purposes of this chapter;

 

(xii) Within its area of operation, to make or have made allsurveys and plans necessary to the carrying out of the purposes of this chapterand to contract with any person, public or private, in making and carrying outthose plans and to adopt or approve, modify and amend those plans, which plansmay include but are not limited to:

 

(A) A general plan for the locality as a whole;

 

(B) Urban renewal plans;

 

(C) Plans for carrying out a program of voluntary or compulsoryrepair and rehabilitation of buildings and improvements;

 

(D) Plans for the enforcement of state and local laws, codes,ordinances and regulations relating to the use of land, the use and occupancyof buildings and improvements and to the compulsory repair, rehabilitation,demolition or removal of buildings and improvements; and

 

(E) Perform or contract the performance of appraisals, titlesearches, surveys, studies and other plans and work necessary to prepare forthe undertaking of urban renewal projects and related activities, to develop,test and report methods and techniques and carry out demonstrations and otheractivities for the prevention and the elimination of slums and urban blight.

 

(xiii) To prepare plans for and assist in the relocation of anypersons displaced by an urban renewal project, and to make relocation paymentsto or with respect to those persons for moving expenses and losses of propertyfor which reimbursement or compensation is not otherwise made, including themaking of such payments financed by the federal government;

 

(xiv) To appropriate funds, make expenditures and levy taxes andassessments as may be necessary to carry out the purposes of this act;

 

(xv) To zone or rezone any part of the municipality or makeexceptions from building regulations;

 

(xvi) To enter into agreements with an urban renewal agencyvested with urban renewal project power under W.S. 15-9-133, which agreementsmay extend over any period, notwithstanding any provision or rule of law to thecontrary, respecting action to be taken by a municipality pursuant to any ofthe powers granted by this chapter;

 

(xvii) To close, vacate, plan or replan streets, roads, sidewalks,ways or other places;

 

(xviii) To plan or replan any part of the municipality;

 

(xix) Within its area of operation, to organize, coordinate anddirect the administration of the provisions of this act as they apply to themunicipality in order that the objective of remedying slum and blighted areasand preventing the causes thereof within the municipality may be mosteffectively promoted and achieved and to establish new offices of themunicipality or to reorganize existing offices in order to carry out thepurpose most effectively;

 

(xx) To exercise all or any part or combination of powersgranted by this section; and

 

(xxi) To plan and undertake neighborhood development programsconsisting of urban renewal project undertakings and activities in one (1) ormore urban renewal areas which are planned and carried out on the basis ofannual increments in accordance with the provisions of this chapter forplanning and carrying out urban renewal projects.

 

15-9-114. Condemnation.

 

 

(a) A municipality has the right to acquire by condemnation anyinterest in real property, including a fee simple title thereto, which it deemsnecessary for or in connection with an urban renewal project under thischapter. A municipality may exercise the power of eminent domain in the mannernow provided or which may be hereafter provided by any other statutoryprovisions. Property already devoted to a public use may be acquired in likemanner, provided that no real property belonging to the United States, thestate or any political subdivision thereof, may be acquired without itsconsent.

 

(b) In any proceeding to fix compensation for damages for thetaking or damaging of property, or any interest therein, through the exerciseof the power of eminent domain or condemnation, evidence or testimony bearingupon the following matters is admissible and shall be considered, in additionto evidence or testimony otherwise admissible, in fixing the compensation fordamages:

 

(i) Any use, condition, occupancy or operation of the property,which is unlawful or violative of or subject to elimination, abatement,prohibition or correction under any law or any ordinance or regulatory measureof the state, county, municipality, other political subdivisions or any agencythereof, in which the property is located, as being unsafe, substandard,unsanitary or otherwise contrary to the public health, safety or welfare;

 

(ii) The effect on the value of the property of any such use,condition, occupancy or operation, or of the elimination, abatement,prohibition or correction of any such use, condition, occupancy or operation.

 

(c) The testimony or evidence specified in subsection (b) ofthis section is admissible notwithstanding that no action has been taken by anypublic body or public office toward the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation. Testimony orevidence that any public body or public office charged with the duty orauthority so to do has rendered, made or issued any judgment, decree,determination or order for the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation is admissible andis prima facie evidence of the existence and character of that use, conditionor operation.

 

15-9-115. Property acquired in project; disposition and use generally.

 

 

(a) A municipality may:

 

(i) Sell, lease or otherwise transfer real property or anyinterest therein acquired by it in an urban renewal project;

 

(ii) Enter into contracts with respect to such property forresidential, recreational, commercial, industrial, educational or other uses orfor public use; or

 

(iii) Retain the property or interest for public use inaccordance with the urban renewal plan, subject to any covenants, conditionsand restrictions, including covenants running with the land, as it deemsnecessary or desirable to assist in preventing the development or spread offuture slums or blighted areas or to otherwise carry out the purposes of thischapter.

 

(b) The sale, lease, other transfer or retention of propertyspecified in subsection (a) of this section, and any agreement relatingthereto, may be made only after the local governing body approves the urbanrenewal plan.

 

(c) The purchasers or lessees and their successors and assignsare obliged to devote the real property only to the uses specified in the urbanrenewal plan and may be obligated to comply with any other requirements themunicipality determines to be in the public interest, including the obligationto begin within a reasonable time any improvements on the real propertyrequired by the urban renewal plan. With respect to any real property in anurban renewal area acquired by any public body, political subdivision, agencyor office of the state for uses in accordance with an urban renewal plan, thepublic body, political subdivision, agency or office of the state is authorizedto obligate itself and its successors or assigns to devote the real propertyonly to the uses specified in the urban renewal plan and, to the extent fundshave been authorized or appropriated, to obligate itself to begin improvementsrequired by the urban renewal plan.

 

(d) The real property or interest shall be sold, leased,otherwise transferred or retained at not less than its fair value for uses inaccordance with the urban renewal plan. In determining the fair value, amunicipality shall give consideration to:

 

(i) The uses provided therein;

 

(ii) The restrictions upon and the conditions and obligationsassumed by the purchaser or lessee or by the municipality retaining theproperty; and

 

(iii) The objectives of the plan for the prevention of therecurrence of slum or blighted areas.

 

(e) The municipality in any instrument of conveyance to aprivate purchaser or lessee may provide that the purchaser or lessee is withoutpower to sell, lease or otherwise transfer the real property without the priorwritten consent of the municipality until he has completed the construction of anyimprovements which he is obligated to construct thereon. Real property acquiredby a municipality which is to be transferred in accordance with the provisionsof the urban renewal plan, shall be transferred as rapidly as feasible in thepublic interest consistent with carrying out of the provisions of the plan. Anycontract for the transfer and the urban renewal plan shall be recorded in theland records of the county in the manner provided by law to afford actual orconstructive notice thereof.

 

15-9-116. Property acquired in project; disposition to privatepersons; procedure; notice; proposals; contracts.

 

 

(a) A municipality may:

 

(i) Dispose of real property in an urban renewal area toprivate persons only under reasonable procedures it prescribes or as areprovided in this section;

 

(ii) By notice published once each week for four (4) consecutiveweeks in a newspaper having a general circulation in the community, prior tothe execution of any contract to sell, lease or otherwise transfer real propertyand prior to the delivery of any instrument of conveyance with respect theretounder the provisions of this section, invite proposals from and make availableall pertinent information to private redevelopers or any persons interested inundertaking to redevelop or rehabilitate an urban renewal area or any partthereof. The notice shall:

 

(A) Identify the area or portion thereof;

 

(B) State that:

 

(I) Proposals shall be made by those interested within thirty(30) days after the last day of publication of the notice; and

 

(II) Information as is available may be obtained at the officedesignated in the notice.

 

(b) The municipality shall consider all redevelopment orrehabilitation proposals and the financial and legal ability of the persons makingthe proposals to carry them out. The municipality may accept any proposals itdeems to be in the public interest and in furtherance of the purposes of thischapter. A notification of intention to accept a proposal shall be filed withthe governing body not less than thirty (30) days prior to acceptance.Thereafter the municipality may execute a contract and deliver deeds, leasesand other instruments and take all steps necessary to effectuate a contract inaccordance with the provisions of W.S. 15-9-115.

 

15-9-117. Property acquired in project; temporary operation andmaintenance.

 

Amunicipality may temporarily operate and maintain real property acquired by itin an urban renewal area for or in connection with an urban renewal projectpending the disposition of the property as authorized in this chapter, withoutregard to the provisions of W.S. 15-9-115, for any uses and purposes it deemsdesirable even though not in conformity with the urban renewal plan.

 

15-9-118. Property acquired in project; disposition when areadesignated under federal provisions.

 

Notwithstanding any other provisions ofthis chapter, if the municipality is situated in an area designated as aredevelopment area under the Federal Area Redevelopment Act 42 U.S.C. 3161 etseq., land in an urban renewal project area designated under the urban renewalplan for industrial or commercial uses may be disposed of to any public body ornonprofit corporation for subsequent disposition as promptly as practicable bythe public body or corporation for redevelopment in accordance with the urbanrenewal plan. Only the purchaser from or lessee of the public body orcorporation, and their assignees, are required to assume the obligation ofbeginning the building of improvements within a reasonable time. Anydisposition of land to a public body or corporation under this section shall bemade at its fair value for uses in accordance with the urban renewal plan.

 

15-9-119. Bonds authorized; payment thereof; security.

 

 

(a) A municipality is empowered to issue:

 

(i) Revenue bonds to finance the undertaking of any urbanrenewal project under this chapter, including, without limiting the generalitythereof, the payment of principal and interest upon any advances for surveysand plans or preliminary loans; and

 

(ii) Refunding bonds for the payment or retirement of bondspreviously issued by it.

 

(b) The bonds shall be made payable solely from the income,proceeds and revenues derived from the municipality's undertaking and carryingout of urban renewal projects under this chapter. However, payment of the bondsmay be further secured by a pledge of any loan, grant or contribution from thefederal government or other source in aid of any urban renewal projects of themunicipality under this chapter.

 

15-9-120. Taxes upon property; authorized division thereof.

 

 

(a) Any urban renewal plan may contain a provision that taxes,if any, levied upon taxable property in an urban renewal project each year byor for the benefit of a municipality in the state shall be divided as follows:

 

(i) That portion of the taxes which would be produced by therate upon which the tax is levied each year by or for each of the taxingagencies upon the total sum of the assessed value of the taxable property inthe urban renewal project as shown upon the assessment roll used in connectionwith the taxation of the property by the taxing agency, last equalized prior tothe effective date of the urban renewal project shall be allocated to and, whencollected, paid into the funds of the respective taxing agencies as taxes by orfor those taxing agencies on all other property are paid (for the purpose ofallocating taxes by or for any taxing agency which did not include theterritory in the urban renewal project on the effective date of the project butwhich territory had been annexed or otherwise included after the effectivedate, the assessment of the county last equalized on the project shall be usedin determining the assessed valuation on the taxable property in the project onthe effective date); and

 

(ii) That portion of the levied taxes each year in excess of theamount specified in paragraph (a)(i) of this section shall be allocated to and,when collected, paid into a special fund of the participating municipality or urbanrenewal agency to pay the principal and interest on loaned money advanced to,or any indebtedness incurred by the municipality or urban renewal agency. Unless the total assessed valuation of the taxable property in an urban renewalproject exceeds the total assessed value of the taxable property in the projectas shown by the last equalized assessment roll referred to in paragraph (a)(i)of this section, all of the taxes levied and collected upon the taxableproperty in the urban renewal project shall be paid into the funds of therespective taxing agencies. When any loans, advances and indebtedness, if any,and interest have been paid in full, all monies thereafter received from taxesupon the taxable property in the urban renewal project shall be paid into thefunds of the various taxing agencies as taxes on all other property are paid.

 

15-9-121. Taxes upon property; when pledging allowed.

 

Inany urban renewal plan or in proceedings for the advance of monies or making ofloans or the incurring of any indebtedness by the municipality or agency tofinance or refinance in whole or in part the urban renewal project, the portionof the taxes specified in W.S. 15-9-120(a)(ii) may be irrevocably pledged forthe payment of the principal of and interest on those loans or advances or thatindebtedness.

 

15-9-122. Bonds; provisions inapplicable; tax exemption.

 

 

(a) Revenue bonds issued under this chapter:

 

(i) Do not constitute an indebtedness within the meaning of anyconstitutional or statutory debt limitation or restriction;

 

(ii) Are not subject to the provisions of any other law orcharter relating to the authorization, issuance or sale of bonds.

 

(b) Bonds issued under this chapter are for an essential publicand governmental purpose and, together with interest thereon and incometherefrom, are exempt from all taxes.

 

15-9-123. Bonds; resolution or ordinance; characteristics.

 

Bondsissued under this chapter shall be authorized by resolution or ordinance of thelocal governing body. The bonds may be issued in one (1) or more series andshall bear the date or dates, be payable upon demand or mature at the time ortimes, bear interest at the rate or rates, be in the denomination ordenominations and form, either with or without coupon or registered, carryconversion or registration privileges, have the rank or priority, be executedin a manner and payable in a medium of payment at the place or places, besubject to the terms of redemption (with or without premium), be secured in themanner and have other characteristics as may be provided by the resolution orordinance or trust indenture or mortgage issued pursuant thereto.

 

15-9-124. Bonds; sale or exchange.

 

Bondsmay be sold at not less than par at public sales held after notice publishedprior to the sale in a newspaper having a general circulation in the area ofoperation and in any other medium of publication as the municipality determinesor may be exchanged for other bonds on the basis of par. However, the bondsmay be sold to the federal government at a private sale at not less than par. If less than all of the authorized principal amount on the bonds is sold to thefederal government, the balance may be sold at private sale at not less thanpar at an interest cost to the municipality or not to exceed the interest costto the municipality of the portion of the bonds sold to the federal government.

 

15-9-125. Bonds; signatures and negotiability.

 

Ifany of the public officials of the municipality whose signatures appear on anybonds or coupons issued under this chapter cease to be officials before thedelivery of the bonds, the signatures are valid and sufficient for allpurposes, the same as if the officials had remained in office until thedelivery. Any provision of any law to the contrary notwithstanding, any bondsissued pursuant to this chapter are fully negotiable.

 

15-9-126. Bonds; recitation thereon.

 

Inany suit, action or proceeding involving the validity or enforceability of anybond issued under this chapter or the security therefor, the bond reciting insubstance that it has been issued by the municipality in connection with anurban renewal project, as defined in W.S. 15-9-103 is conclusively deemed tohave been issued for that purpose and the project is conclusively deemed tohave been planned, located and carried out in accordance with the provisions ofthis chapter.

 

15-9-127. General obligation bonds; purposes; authorization; approval;characteristics; other provisions unaffected.

 

 

(a) In addition to the authority to issue bonds pursuant toW.S. 15-9-119, any municipality may issue general obligation bonds for theurban renewal purposes specified in subsection (b) of this section and subjectto the requirements thereof and the requirements of the constitution and any otherapplicable laws.

 

(b) General obligation bonds issued by a municipality for thepurposes of aiding in the planning, undertaking or carrying out of any urbanrenewal project and related activities of a municipality, its board orcommission, or its agency under this chapter shall be authorized by resolutionor ordinance of the local governing body and shall be approved by a vote of thepeople residing in the issuing governmental unit at an election called,conducted, canvassed and returned in the manner provided for bond elections bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

(c) The bonds shall bear any characteristics as may be providedby the resolution or ordinance or trust indenture or mortgage issued pursuant thereto,including the characteristics specified in W.S. 15-9-123. Nothing in thissection limits or otherwise adversely affects any other section of thischapter.

 

15-9-128. Investment of funds in bonds authorized; duty of care.

 

(a) Anyone carrying on a banking or investment business or aninsurance business and all fiduciaries may legally invest any monies or otherfunds belonging to them or within their control in any bonds or otherobligations issued by a municipality pursuant to this chapter.

 

(b) It is the purpose of this section to authorize any persons,political subdivisions and officers, public or private, to use any funds ownedor controlled by them for the purchase of any such bonds or other obligations.

 

(c) Nothing contained in this section with regard to legalinvestments shall be construed as relieving any person of any duty ofexercising reasonable care in selecting securities.

 

15-9-129. Exemption of property from execution; exception.

 

Allproperty of a municipality or agency, including funds owned or held by it forthe purposes of this chapter, are exempt from levy and sale by virtue of anyexecution. No execution or other judicial process shall issue against theproperty nor shall judgment against a municipality or agency be a charge orlien upon the property. The provisions of this section do not apply to or limitthe right of obligees to pursue any remedies for the enforcement of any pledgeor lien given pursuant to this chapter by a municipality or agency on itsrents, fees, grants or revenues from urban renewal projects.

 

15-9-130. Exemption of property from taxation; termination thereof.

 

Theproperty of a municipality or agency acquired or held for the purposes of thischapter, is public property used for essential public and governmentalpurposes. The property is exempt from all taxes of the municipality, thecounty, the state or any political subdivision thereof. However, the taxexemption terminates if the municipality or agency sells, leases or otherwisedisposes of the property in any urban renewal area to a purchaser or lesseewhich is not a public body entitled to tax exemption for the property.

 

15-9-131. Powers of municipality, public body in aiding project.

 

 

(a) To aid in the planning, undertaking or carrying out of anurban renewal project and related activities authorized by this chapter locatedwithin the area in which it is authorized to act, any public body ormunicipality, upon terms and with or without consideration as it determines,may:

 

(i) Dedicate, sell, convey or lease any of its interest in anyproperty or grant easements, licenses or other rights or privileges therein toa municipality;

 

(ii) Incur the entire expense of any public improvements itmakes in exercising the powers granted in this section;

 

(iii) Do any and all things necessary to aid or cooperate in theplanning or carrying out of an urban renewal plan;

 

(iv) Lend, grant or contribute funds to a municipality;

 

(v) Enter into agreements (which may extend over any period,notwithstanding any provision or rule of law to the contrary) with the federalgovernment, a municipality or any other public body respecting action to betaken pursuant to any of the powers granted by this chapter, including thefurnishing of funds or other assistance in connection with an urban renewalproject and related activities;

 

(vi) Borrow money and apply for and accept any form of financialassistance from any source;

 

(vii) Furnish any public buildings and public facilities or anyother works which it is otherwise empowered to undertake;

 

(viii) Furnish, dedicate, close, vacate, pave, install, grade,regrade, plan or replan streets, roads, sidewalks, ways or other places;

 

(ix) Plan or replan, zone or rezone any part of the public bodyor make exceptions from building regulations; and

 

(x) Cause administrative and other services to be furnished tothe municipality.

 

(b) If at any time title to or possession of any urban renewalproject is held by any public body or governmental agency, other than themunicipality which is authorized by law to engage in the undertaking, carryingout or administration of urban renewal projects and related activities(including any agency or instrumentality of the United States of America), theprovisions of the agreements referred to in this section inure to the benefitof and may be enforced by the public body or governmental agency.

 

(c) Any sale, conveyance, lease or agreement pursuant to thissection may be made by a public body without appraisal, public notice,advertisement or public bidding.

 

(d) As used in this section, "municipality" includesan urban renewal agency vested with all of the urban renewal project powerspursuant to W.S. 15-9-133.

 

15-9-132. Instruments presumed properly executed.

 

Anyinstrument executed by a municipality and purporting to convey the right, titleor interest in any property under this chapter is conclusively presumed to havebeen executed in compliance with the provisions hereof insofar as title orother interest of any bona fide purchasers, lessees or transferees of theproperty is concerned.

 

15-9-133. Exercise of powers; delegation and scope thereof;exceptions.

 

(a) A municipality may itself exercise its urban renewal powersas specified in this chapter.

 

(b) As used in this section, "urban renewal powers,"when applied to their exercise by the urban renewal agency, include the rights,powers, functions and duties of a municipality set forth in this chapter,except the following:

 

(i) The determination of an area to be a slum or blighted areaor combination thereof and the designation of an area as appropriate for anurban renewal project;

 

(ii) Approval of urban renewal plans and modifications thereof;

 

(iii) General neighborhood renewal plans and communitywide plansor programs for urban renewal;

 

(iv) Establishment of a general plan for the locality as awhole;

 

(v) The power to formulate a workable program under W.S.15-9-105.

 

(c) A municipality shall not delegate to an urban renewalagency or a board or commission, the power to acquire by condemnation realproperty within the boundaries of an urban renewal area.

 

15-9-134. Agency; creation; board of commissioners; appointment;compensation; actions and procedure; removal.

 

 

(a) There is created in each municipality a public bodycorporate and politic to be known as the "urban renewal agency" ofthe municipality. The urban renewal agency shall not exercise its powers underthis chapter until or unless the local governing body has made the findingprescribed in W.S. 15-9-106 and has elected to have urban renewal powersexercised by an urban renewal agency as provided in W.S. 15-9-133.

 

(b) The mayor, by and with the consent and advice of the localgoverning body, shall appoint a board of five (5) commissioners of the urbanrenewal agency selected on the basis of their interest in and knowledge ofcommunity planning, urban renewal and business management. Any person may beappointed as commissioner if he resides within the area of operation of theagency (which shall have the same bounds or limits as the area of operation ofthe municipality) and is otherwise eligible for appointment under thischapter. The original appointment of commissioners shall be as follows: one(1) for a term of one (1) year; one (1) for a term of two (2) years; one (1)for a term of three (3) years; one (1) for a term of four (4) years; and one(1) for a term of five (5) years. Thereafter each appointment shall be for aterm of five (5) years.

 

(c) Each commissioner shall hold office until his successor isappointed and qualified. A certificate of the appointment or reappointment ofany commissioner shall be filed with the clerk of the municipality and thecertificate is conclusive evidence of the commissioner's due and properappointment.

 

(d) A commissioner shall receive no compensation for hisservices but is entitled to necessary expenses incurred in the discharge of hisduties. No commissioner or other officer of any urban renewal agency, board orcommission exercising powers pursuant to this chapter shall hold any otherpublic municipal office for which compensation is received.

 

(e) The powers of an urban renewal agency shall be exercised bythe commissioners thereof. A majority of the commissioners constitute a quorumfor all purposes. Action may be taken by the agency upon a vote of a majorityof the commissioners present, unless in any case the bylaws require a largernumber. Annually, at the first meeting, the board of commissioners shall electits officers. Each officer shall hold office for a term of one (1) year anduntil his successor is elected and qualified.

 

(f) A commissioner may be removed from office for inefficiency,neglect of duty or misconduct in office only after:

 

(i) A hearing;

 

(ii) He has been given a copy of the charges at least ten (10)days prior to the hearing; and

 

(iii) He has had an opportunity to be heard in person or bycounsel.

 

15-9-135. Agency; staff.

 

Anagency may employ an executive director, technical experts and any other agentsand employees it requires and determine their qualifications, duties andcompensation. An agency may also employ or retain its own counsel and legalstaff.

 

15-9-136. Agency; annual reports.

 

Anagency authorized to transact business and exercise powers under this chaptershall file with the local governing body on or before May 31 of each year areport of its activities for the preceding calendar year. The report shallinclude a complete financial statement setting forth its assets, liabilities,income and operating expenses as of the end of that calendar year. At the timeof filing the report, the agency shall publish in a newspaper of generalcirculation in the community a notice to the effect that the report has beenfiled with the municipality and is available for inspection during businesshours in the office of the clerk of the municipality and in the office of theagency.

 

15-9-137. Voluntary conflicts of interest prohibited; disclosure ofinvoluntary conflicts; violation.

 

Nopublic official or employee of a municipality, or board or commission thereof,and no commissioner or employee of an urban renewal agency vested by amunicipality with urban renewal project powers under W.S. 15-9-133 shallvoluntarily acquire any personal interest, direct or indirect, in any urbanrenewal project, or in any property included or planned to be included in anyurban renewal project of that municipality or in any contract or proposedcontract in connection with that urban renewal project. If the acquisition isnot voluntary, the interest acquired shall be immediately disclosed in writingto the local governing body, and the disclosure shall be entered upon theminutes thereof. If any official, commissioner or employee presently owns orcontrols, or owned or controlled within the preceding two (2) years, anyinterest, directly or indirectly, in any property which he knows is included orplanned to be included in any urban renewal project, he shall immediatelydisclose this fact in writing to the local governing body. The disclosureshall be entered upon the minutes of the governing body, and no such official,commissioner or employee shall participate in any action by the municipality,or board or commission thereof, or urban renewal agency, affecting theproperty. Any disclosure required to be made by this section to the localgoverning body shall concurrently be made to an urban renewal agency which hasbeen vested with urban renewal project powers by the municipality pursuant tothis chapter. Any violation of the provisions of this section constitutesmisconduct in office.

 

ARTICLE 2 - DOWNTOWN DEVELOPMENT AUTHORITY

 

15-9-201. Declarations.

 

 

(a) The Wyoming legislature declares that the organization ofdowntown development authorities having the purposes and powers provided inthis act will serve a public use; will promote the health, safety, prosperity,security and general welfare of the

State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter9

CHAPTER 9 - URBAN RENEWAL

 

ARTICLE 1 - URBAN DEVELOPMENT

 

15-9-101. Short title.

 

Thischapter may be cited as the "Wyoming Urban Renewal Code."

 

15-9-102. Legislative findings.

 

 

(a) It is hereby found and declared that there exists inmunicipalities of the state slum and blighted areas (as herein defined) whichconstitute a serious and growing menace, injurious to the public health,safety, morals and welfare of the residents of the state; that the existence ofsuch areas contributes substantially and increasingly to the spread of diseaseand crime, constitutes an economic and social liability imposing onerousmunicipal burdens which decrease the tax base and reduce tax revenues,substantially impairs or arrests the sound growth of municipalities, retardsthe provision of housing accommodations, aggravates traffic problems andsubstantially impairs or arrests the elimination of traffic hazards and theimprovement of traffic facilities; and that the prevention and elimination ofslums and blight is a matter of state policy and state concern.

 

(b) It is further found and declared that certain slum orblighted areas, or portions thereof, may require acquisition, clearance, anddisposition subject to use restrictions, as provided in this act, since theprevailing conditions of decay may make impracticable the reclamation of thearea by conservation or rehabilitation; that other areas or portions thereofmay, through the means provided in this act, be susceptible to conservation orrehabilitation in such a manner that the conditions and evils hereinbeforeenumerated may be eliminated, remedied or prevented; and that salvageable slumand blighted areas can be conserved and rehabilitated through appropriatepublic action as herein authorized, and the cooperation and voluntary action ofthe owners and tenants of property in such areas.

 

(c) It is further found and declared that the powers conferredby this act are for public uses and purposes for which public money may beexpended and the power of eminent domain and police power exercised; and thatthe necessity in the public interest for the provisions herein enacted ishereby declared as a matter of legislative determination.

 

15-9-103. Definitions.

 

 

(a) As used in this chapter, unless a different meaning isclearly indicated by the context:

 

(i) "Agency" or "urban renewal agency"means a public agency created by W.S. 15-9-134;

 

(ii) "Area of operation" means the area within thecorporate limits of the municipality and the area within five (5) miles ofthose limits, except that it does not include any area which lies within theterritorial boundaries of another incorporated city or town unless a resolutionhas been adopted by the governing body of the other city or town declaring aneed therefor;

 

(iii) "Blighted area" means an area which by reason ofthe presence of a substantial number of slums, deteriorated or deterioratingstructures, predominance of defective or inadequate street layout, faulty lotlayout in relation to size, adequacy, accessibility or usefulness, unsanitaryor unsafe conditions, deterioration of site or other improvements, diversity ofownership, tax or special assessments, delinquency exceeding the fair value ofthe land, defective or unusual conditions of title, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors, substantially impairs or arrests the sound growthof a municipality, retards the provision of housing accommodations orconstitutes an economic or social liability and is a menace to the publichealth, safety, morals or welfare in its present condition and use. However,if the blighted area consists of open land, the conditions contained in W.S.15-9-110(b) apply and any disaster area referred to in W.S. 15-9-112constitutes a "blighted area";

 

(iv) "Bonds" means any bonds, notes, interimcertificates, certificates of indebtedness, debentures or other obligations;

 

(v) "Clerk" means the clerk or other official of themunicipality who is the custodian of the official records of the municipality;

 

(vi) "Council" or "commission" means acouncil, board, commission, department, division, office, body or other unit ofthe municipality;

 

(vii) "Federal government" means the United States ofAmerica or any agency or instrumentality thereof;

 

(viii) "Local governing body" means the commission,council or other legislative body charged with governing the municipality;

 

(ix) "Mayor" means the mayor of a municipality orother officer or body having the duties customarily imposed upon the executivehead of a municipality;

 

(x) "Municipality" means any incorporated orchartered city or town as established under Wyoming law;

 

(xi) "Obligee" means any bondholder, agents ortrustees for any bondholders, or lessor demising to the municipality, propertyused in connection with an urban renewal project, or any assignee or assigneesof the lessor's interest or any part thereof, and the federal government if itis a party to any contract with the municipality;

 

(xii) "Person" means any individual, firm, partnership,corporation, company, association, joint stock association or body politic andincludes any trustee, receiver, assignee or other person acting in a similarrepresentative capacity;

 

(xiii) "Public body" means the state, or any county,municipality, board, commission, authority, district or any other subdivisionor public body thereof;

 

(xiv) "Public officer" means any officer who is incharge of any department or branch of the government of the municipalityrelating to health, fire, building regulations or any other activitiesconcerning dwellings in the municipality;

 

(xv) "Real property" means all lands, includingimprovements and fixtures thereon, and property of any nature appurtenantthereto, or used in connection therewith, and every estate, interest, right anduse therein, including terms for years and liens by way of judgment, mortgageor otherwise;

 

(xvi) "Slum area" means an area in which there is apredominance of buildings or improvements, whether residential ornonresidential, which by reason of dilapidation, deterioration, age orobsolescence, inadequate provision for ventilation, light, air, sanitation, oropen spaces, high density of population and overcrowding, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors is conducive to ill health and is detrimental tothe public safety, morals or welfare;

 

(xvii) "Urban renewal area" means a slum area or ablighted area or a combination thereof which the local governing body designatesas appropriate for an urban renewal project;

 

(xviii) "Urban renewal plan" means a plan, as it existsfrom time to time, for one (1) or more urban renewal areas, or for any urbanrenewal project, which:

 

(A) Conforms to the general plan for the municipality as awhole, except as provided in W.S. 15-9-112, and is consistent with definitelocal objectives respecting appropriate land uses, improved traffic, publictransportation, public utilities, recreational and community facilities andother public improvements; and

 

(B) Is sufficiently complete to indicate land acquisition,demolition and removal of structures, redevelopment, improvements andrehabilitation as may be proposed to be carried out in the urban renewal area,zoning and planning changes, if any, land used, maximum densities and buildingrequirements.

 

(xix) "Urban renewal project" includes undertakings andactivities of a municipality in one (1) or more urban renewal areas for theelimination and for the prevention of the development or spread of slums andblight, and may involve slum clearance and redevelopment in an urban renewalarea, or rehabilitation or conservation in an urban renewal area, or anycombination or part thereof in accordance with an urban renewal plan. Theundertakings and activities may include:

 

(A) Acquisition of a slum area or a blighted area or portionthereof;

 

(B) Demolition and removal of buildings and improvements;

 

(C) Installation, construction or reconstruction of streets,utilities, parks, playgrounds and other improvements necessary for carrying outin the urban renewal area the urban renewal objectives of this chapter inaccordance with the urban renewal plan;

 

(D) Disposition of any property acquired in the urban renewalarea at its fair value for uses in accordance with the urban renewal plan;

 

(E) Carrying out plans for a program of voluntary or compulsoryrepair and rehabilitation of buildings or other improvements in accordance withthe urban renewal plan; and

 

(F) Acquisition of any other real property in the urban renewalarea if necessary to eliminate unhealthy, unsanitary or unsafe conditions,lessen density, eliminate obsolete or other uses detrimental to the publicwelfare, or otherwise to remove or prevent the spread of blight or deteriorationor to provide land for needed public facilities.

 

15-9-104. Private enterprise to be preferred; when considered.

 

 

(a) A municipality, to the greatest extent it determines to befeasible in carrying out the provisions of this chapter and consistent with itsneeds, shall afford maximum opportunity to the rehabilitation or redevelopmentof the urban renewal area by private enterprise. A municipality shall giveconsideration to this objective in exercising its powers under this chapter,including the:

 

(i) Formulation of a workable program;

 

(ii) Approval of communitywide plans or programs for urbanrenewal and general neighborhood renewal plans (consistent with the generalplan of the municipality);

 

(iii) Exercising of its zoning powers;

 

(iv) Enforcement of other laws, codes and regulations relatingto the use of land and the use and occupancy of buildings and improvements;

 

(v) Disposition of any property acquired; and

 

(vi) Provision of necessary public improvements.

 

15-9-105. Workable program; formulation; objectives and provisionsthereof.

 

 

(a) For the purposes of this chapter a municipality mayformulate for itself a workable program for utilizing appropriate private andpublic resources to:

 

(i) Eliminate and prevent the development or spread of slumsand urban blight;

 

(ii) Encourage needed urban rehabilitation;

 

(iii) Provide for the redevelopment of slum and blighted areas;or

 

(iv) Undertake any of those activities or other feasiblemunicipal activities as may be suitably employed to achieve the objectives of aworkable program.

 

(b) A workable program may include provisions for the:

 

(i) Prevention of the spread of blight through diligentenforcement of housing, zoning and occupancy controls and standards;

 

(ii) Rehabilitation or conservation of slum and blighted areasor portions thereof by:

 

(A) Replanning;

 

(B) Removing congestion;

 

(C) Providing parks, playgrounds and other public improvements;

 

(D) Encouraging voluntary rehabilitation; and

 

(E) Compelling the repair and rehabilitation of deteriorated ordeteriorating structures.

 

(iii) Clearance and redevelopment of slum and blighted areas orportions thereof.

 

15-9-106. Initiative resolution; how adopted; findings.

 

 

(a) No municipality shall exercise the authority conferred uponmunicipalities by this chapter until the local governing body, on its ownmotion or by virtue of a petition signed by twenty-five (25) or more electorsof the municipality, has adopted a resolution finding that:

 

(i) One (1) or more slum or blighted areas exist in themunicipality; and

 

(ii) The rehabilitation, conservation, redevelopment or acombination thereof of the area or areas is necessary in the interest of thepublic health, safety, morals or welfare of the residents of the municipality.

 

15-9-107. Preliminary requirements for projects; generally.

 

Anurban renewal project for an urban renewal area shall not be planned orinitiated unless the governing body, by resolution, has determined the area tobe a slum area or a blighted area or a combination thereof and designated it asappropriate for an urban renewal project. A municipality shall not acquirereal property for any urban renewal project unless the local governing body hasapproved the urban renewal project in accordance with W.S. 15-9-110.

 

15-9-108. Preliminary requirements for projects; preparation of plan;review by commission.

 

Amunicipality may prepare an urban renewal plan or have one prepared by theurban renewal agency established in W.S. 15-9-134. Any person or agency mayalso submit an urban renewal plan to a municipality. Prior to approving anurban renewal project, the local governing body shall submit the urban renewalplan to the planning commission of the municipality, if any, for review andrecommendations as to its conformity with the general plan for the developmentof the entire municipality. The planning commission shall submit its writtenrecommendations with respect to the proposed urban plan to the local governingbody within thirty (30) days after receipt of the plan for review. Uponreceipt of the planning commission recommendations, or if no recommendationsare received within thirty (30) days, the local governing body may proceed withthe hearing on the proposed urban renewal project in accordance with theprovisions of W.S. 15-9-109.

 

15-9-109. Preliminary requirements for projects; hearing; publicationand contents of notice.

 

 

(a) The local governing body, under rules or procedures itdetermines, shall hold a public hearing on any urban renewal project.

 

(b) A notice of the hearing shall be published in a newspaperhaving a general circulation in the area of operation of the municipality fortwo (2) successive weeks, with the last publication thereof to be at least five(5) days prior to the hearing. The notice shall:

 

(i) Describe the time, date, place and purpose of the hearing;

 

(ii) Generally identify the urban renewal area covered by theplan; and

 

(iii) Outline the general scope of the urban renewal projectunder consideration.

 

15-9-110. Preliminary requirements for projects; approval by andfindings of governing body.

 

 

(a) Following the hearing specified in W.S. 15-9-109, the localgoverning body may approve an urban renewal project and the plan therefor if itfinds that:

 

(i) A feasible method exists for the relocation of families whowill be displaced from the urban renewal area in decent, safe and sanitarydwelling accommodations within their means and without undue hardship to thosefamilies;

 

(ii) The urban renewal plan conforms to the general plan of themunicipality as a whole;

 

(iii) The urban renewal plan gives due consideration to theprovision of adequate park and recreational areas and facilities that may bedesirable for neighborhood improvement, with special consideration for thehealth, safety and welfare of children residing in the general vicinity of thesite covered by the plan;

 

(iv) The urban renewal plan affords maximum opportunity,consistent with the municipality's needs, for the rehabilitation orredevelopment of the urban renewal area by private enterprise.

 

(b) If the urban renewal area consists of an area of open landto be acquired by the municipality, the area shall not be so acquired unless:

 

(i) If it is to be developed for residential uses, the localgoverning body shall determine that:

 

(A) A shortage of housing of sound standards and design whichis decent, safe and sanitary exists in the municipality;

 

(B) The need for housing accommodations has been or will beincreased as a result of the clearance of slums in other areas;

 

(C) The conditions of blight in the area and the shortage ofdecent, safe and sanitary housing cause or contribute to an increase in andspread of disease and crime and constitute a menace to the public health,safety, morals or welfare; and

 

(D) The acquisition of the area for residential uses is anintegral part of and essential to the program of the municipality;

 

(ii) If it is to be developed for nonresidential uses, the localgoverning body shall determine that the:

 

(A) Nonresidential uses are necessary and appropriate tofacilitate the proper growth and development of the community in accordancewith sound planning standards and local community objectives;

 

(B) Acquisition may require the exercise of governmental actionas provided in this chapter, because of:

 

(I) Defective or unusual conditions of title;

 

(II) Diversity of ownership;

 

(III) Tax delinquency;

 

(IV) Improper subdivisions;

 

(V) Outmoded street patterns;

 

(VI) Deterioration of site;

 

(VII) Economic disuse;

 

(VIII) Unsuitable topography or faulty lot layouts;

 

(IX) Need for the correlation of the area with other areas of amunicipality by streets and modern traffic requirements; or

 

(X) Any combination of factors specified in this subparagraphor other conditions which retard development of the area.

 

15-9-111. When plan modifiable and effective.

 

 

(a) An urban renewal plan may be modified at any time. If aplan is modified after the lease or sale by the municipality of real propertyin the urban renewal project area, the modification may be conditioned upon theapproval of the owner, lessee or successor in interest as the municipalitydeems advisable. The modification is subject to any rights at law or in equityas a lessee or purchaser, or his successor or successors in interest, areentitled to assert.

 

(b) Upon the approval by a municipality of an urban renewalplan or of any modification thereof, the plan or modification is deemed to bein full force and effect, and the municipality may then cause the plan ormodification to be carried out in accordance with its terms.

 

15-9-112. Provisions not applicable for disaster area.

 

Notwithstanding any other provisions ofthis chapter, if a local governing body certifies that an area is in need ofredevelopment or rehabilitation as a result of a flood, fire, tornado,earthquake, storm or other catastrophe for which the governor of the state hascertified the need for disaster assistance under 42 U.S.C. 5121 et seq., orother federal law, the local governing body may approve an urban renewal planand an urban renewal project for that area without regard to the provisions ofW.S. 15-9-109 and the provisions of this act requiring a general plan for themunicipality and a public hearing on the urban renewal project.

 

15-9-113. General powers of municipality.

 

 

(a) In addition to any other powers specified by law, everymunicipality has all the powers necessary to carry out the purposes and provisionsof this chapter, including the following powers:

 

(i) To undertake and carry out urban renewal projects andrelated activities within its area of operation; and to:

 

(A) Make and execute contracts and other instruments necessaryor convenient to the exercise of its powers under this act;

 

(B) Disseminate slum clearance and urban renewal information.

 

(ii) To provide or 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 in connection withan urban renewal project;

 

(iii) To install, construct and reconstruct streets, utilities,parks, playgrounds and other public improvements;

 

(iv) To agree to any conditions that it deems reasonable andappropriate attached to federal financial assistance and imposed pursuant tofederal law relating to the determination of prevailing salaries or wages orcompliance with labor standards, in the undertaking or carrying out of an urbanrenewal project and related activities and to include in any contract let inconnection with such a project and related activities, provisions to fulfillthose conditions as it deems reasonable and appropriate;

 

(v) Within its area of operation, to enter into any building orproperty in any urban renewal area in order to make inspections, surveys,appraisals, soundings or test borings, and to obtain an order for this purposefrom a court of competent jurisdiction in the event entry is denied or resistedas provided by law;

 

(vi) To acquire by purchase, lease, option, gift, grant,bequest, devise, eminent domain or otherwise, any real property (or personalproperty for its administrative purposes) together with any improvementsthereon and to hold, improve, clear or prepare for redevelopment any suchproperty;

 

(vii) To mortgage, pledge, hypothecate or otherwise encumber ordispose of any real property;

 

(viii) To insure or provide for the insurance of any real orpersonal property;

 

(ix) To enter into any contracts necessary to effectuate thepurposes of this act;

 

(x) To invest any urban renewal project funds held in reservesor sinking funds or any such funds not required for immediate disbursement inproperty or securities in which savings banks may legally invest funds subjectto their control, or to deposit in savings accounts in national or state banksand to redeem any bonds issued pursuant to W.S. 15-9-119 at the redemptionprice established therein or to purchase those bonds at less than redemptionprice, all such bonds so redeemed or purchased to be cancelled;

 

(xi) To borrow money and to apply for and accept any form offinancial assistance from any source for the purposes of this chapter, to givesuch security as may be required, to enter into and carry out contracts oragreements in connection therewith and to include in any contract for financialassistance with the federal government for or with respect to any urban renewalproject and related activities such conditions imposed pursuant to federal lawsas the municipality deems reasonable and appropriate and which are notinconsistent with the purposes of this chapter;

 

(xii) Within its area of operation, to make or have made allsurveys and plans necessary to the carrying out of the purposes of this chapterand to contract with any person, public or private, in making and carrying outthose plans and to adopt or approve, modify and amend those plans, which plansmay include but are not limited to:

 

(A) A general plan for the locality as a whole;

 

(B) Urban renewal plans;

 

(C) Plans for carrying out a program of voluntary or compulsoryrepair and rehabilitation of buildings and improvements;

 

(D) Plans for the enforcement of state and local laws, codes,ordinances and regulations relating to the use of land, the use and occupancyof buildings and improvements and to the compulsory repair, rehabilitation,demolition or removal of buildings and improvements; and

 

(E) Perform or contract the performance of appraisals, titlesearches, surveys, studies and other plans and work necessary to prepare forthe undertaking of urban renewal projects and related activities, to develop,test and report methods and techniques and carry out demonstrations and otheractivities for the prevention and the elimination of slums and urban blight.

 

(xiii) To prepare plans for and assist in the relocation of anypersons displaced by an urban renewal project, and to make relocation paymentsto or with respect to those persons for moving expenses and losses of propertyfor which reimbursement or compensation is not otherwise made, including themaking of such payments financed by the federal government;

 

(xiv) To appropriate funds, make expenditures and levy taxes andassessments as may be necessary to carry out the purposes of this act;

 

(xv) To zone or rezone any part of the municipality or makeexceptions from building regulations;

 

(xvi) To enter into agreements with an urban renewal agencyvested with urban renewal project power under W.S. 15-9-133, which agreementsmay extend over any period, notwithstanding any provision or rule of law to thecontrary, respecting action to be taken by a municipality pursuant to any ofthe powers granted by this chapter;

 

(xvii) To close, vacate, plan or replan streets, roads, sidewalks,ways or other places;

 

(xviii) To plan or replan any part of the municipality;

 

(xix) Within its area of operation, to organize, coordinate anddirect the administration of the provisions of this act as they apply to themunicipality in order that the objective of remedying slum and blighted areasand preventing the causes thereof within the municipality may be mosteffectively promoted and achieved and to establish new offices of themunicipality or to reorganize existing offices in order to carry out thepurpose most effectively;

 

(xx) To exercise all or any part or combination of powersgranted by this section; and

 

(xxi) To plan and undertake neighborhood development programsconsisting of urban renewal project undertakings and activities in one (1) ormore urban renewal areas which are planned and carried out on the basis ofannual increments in accordance with the provisions of this chapter forplanning and carrying out urban renewal projects.

 

15-9-114. Condemnation.

 

 

(a) A municipality has the right to acquire by condemnation anyinterest in real property, including a fee simple title thereto, which it deemsnecessary for or in connection with an urban renewal project under thischapter. A municipality may exercise the power of eminent domain in the mannernow provided or which may be hereafter provided by any other statutoryprovisions. Property already devoted to a public use may be acquired in likemanner, provided that no real property belonging to the United States, thestate or any political subdivision thereof, may be acquired without itsconsent.

 

(b) In any proceeding to fix compensation for damages for thetaking or damaging of property, or any interest therein, through the exerciseof the power of eminent domain or condemnation, evidence or testimony bearingupon the following matters is admissible and shall be considered, in additionto evidence or testimony otherwise admissible, in fixing the compensation fordamages:

 

(i) Any use, condition, occupancy or operation of the property,which is unlawful or violative of or subject to elimination, abatement,prohibition or correction under any law or any ordinance or regulatory measureof the state, county, municipality, other political subdivisions or any agencythereof, in which the property is located, as being unsafe, substandard,unsanitary or otherwise contrary to the public health, safety or welfare;

 

(ii) The effect on the value of the property of any such use,condition, occupancy or operation, or of the elimination, abatement,prohibition or correction of any such use, condition, occupancy or operation.

 

(c) The testimony or evidence specified in subsection (b) ofthis section is admissible notwithstanding that no action has been taken by anypublic body or public office toward the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation. Testimony orevidence that any public body or public office charged with the duty orauthority so to do has rendered, made or issued any judgment, decree,determination or order for the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation is admissible andis prima facie evidence of the existence and character of that use, conditionor operation.

 

15-9-115. Property acquired in project; disposition and use generally.

 

 

(a) A municipality may:

 

(i) Sell, lease or otherwise transfer real property or anyinterest therein acquired by it in an urban renewal project;

 

(ii) Enter into contracts with respect to such property forresidential, recreational, commercial, industrial, educational or other uses orfor public use; or

 

(iii) Retain the property or interest for public use inaccordance with the urban renewal plan, subject to any covenants, conditionsand restrictions, including covenants running with the land, as it deemsnecessary or desirable to assist in preventing the development or spread offuture slums or blighted areas or to otherwise carry out the purposes of thischapter.

 

(b) The sale, lease, other transfer or retention of propertyspecified in subsection (a) of this section, and any agreement relatingthereto, may be made only after the local governing body approves the urbanrenewal plan.

 

(c) The purchasers or lessees and their successors and assignsare obliged to devote the real property only to the uses specified in the urbanrenewal plan and may be obligated to comply with any other requirements themunicipality determines to be in the public interest, including the obligationto begin within a reasonable time any improvements on the real propertyrequired by the urban renewal plan. With respect to any real property in anurban renewal area acquired by any public body, political subdivision, agencyor office of the state for uses in accordance with an urban renewal plan, thepublic body, political subdivision, agency or office of the state is authorizedto obligate itself and its successors or assigns to devote the real propertyonly to the uses specified in the urban renewal plan and, to the extent fundshave been authorized or appropriated, to obligate itself to begin improvementsrequired by the urban renewal plan.

 

(d) The real property or interest shall be sold, leased,otherwise transferred or retained at not less than its fair value for uses inaccordance with the urban renewal plan. In determining the fair value, amunicipality shall give consideration to:

 

(i) The uses provided therein;

 

(ii) The restrictions upon and the conditions and obligationsassumed by the purchaser or lessee or by the municipality retaining theproperty; and

 

(iii) The objectives of the plan for the prevention of therecurrence of slum or blighted areas.

 

(e) The municipality in any instrument of conveyance to aprivate purchaser or lessee may provide that the purchaser or lessee is withoutpower to sell, lease or otherwise transfer the real property without the priorwritten consent of the municipality until he has completed the construction of anyimprovements which he is obligated to construct thereon. Real property acquiredby a municipality which is to be transferred in accordance with the provisionsof the urban renewal plan, shall be transferred as rapidly as feasible in thepublic interest consistent with carrying out of the provisions of the plan. Anycontract for the transfer and the urban renewal plan shall be recorded in theland records of the county in the manner provided by law to afford actual orconstructive notice thereof.

 

15-9-116. Property acquired in project; disposition to privatepersons; procedure; notice; proposals; contracts.

 

 

(a) A municipality may:

 

(i) Dispose of real property in an urban renewal area toprivate persons only under reasonable procedures it prescribes or as areprovided in this section;

 

(ii) By notice published once each week for four (4) consecutiveweeks in a newspaper having a general circulation in the community, prior tothe execution of any contract to sell, lease or otherwise transfer real propertyand prior to the delivery of any instrument of conveyance with respect theretounder the provisions of this section, invite proposals from and make availableall pertinent information to private redevelopers or any persons interested inundertaking to redevelop or rehabilitate an urban renewal area or any partthereof. The notice shall:

 

(A) Identify the area or portion thereof;

 

(B) State that:

 

(I) Proposals shall be made by those interested within thirty(30) days after the last day of publication of the notice; and

 

(II) Information as is available may be obtained at the officedesignated in the notice.

 

(b) The municipality shall consider all redevelopment orrehabilitation proposals and the financial and legal ability of the persons makingthe proposals to carry them out. The municipality may accept any proposals itdeems to be in the public interest and in furtherance of the purposes of thischapter. A notification of intention to accept a proposal shall be filed withthe governing body not less than thirty (30) days prior to acceptance.Thereafter the municipality may execute a contract and deliver deeds, leasesand other instruments and take all steps necessary to effectuate a contract inaccordance with the provisions of W.S. 15-9-115.

 

15-9-117. Property acquired in project; temporary operation andmaintenance.

 

Amunicipality may temporarily operate and maintain real property acquired by itin an urban renewal area for or in connection with an urban renewal projectpending the disposition of the property as authorized in this chapter, withoutregard to the provisions of W.S. 15-9-115, for any uses and purposes it deemsdesirable even though not in conformity with the urban renewal plan.

 

15-9-118. Property acquired in project; disposition when areadesignated under federal provisions.

 

Notwithstanding any other provisions ofthis chapter, if the municipality is situated in an area designated as aredevelopment area under the Federal Area Redevelopment Act 42 U.S.C. 3161 etseq., land in an urban renewal project area designated under the urban renewalplan for industrial or commercial uses may be disposed of to any public body ornonprofit corporation for subsequent disposition as promptly as practicable bythe public body or corporation for redevelopment in accordance with the urbanrenewal plan. Only the purchaser from or lessee of the public body orcorporation, and their assignees, are required to assume the obligation ofbeginning the building of improvements within a reasonable time. Anydisposition of land to a public body or corporation under this section shall bemade at its fair value for uses in accordance with the urban renewal plan.

 

15-9-119. Bonds authorized; payment thereof; security.

 

 

(a) A municipality is empowered to issue:

 

(i) Revenue bonds to finance the undertaking of any urbanrenewal project under this chapter, including, without limiting the generalitythereof, the payment of principal and interest upon any advances for surveysand plans or preliminary loans; and

 

(ii) Refunding bonds for the payment or retirement of bondspreviously issued by it.

 

(b) The bonds shall be made payable solely from the income,proceeds and revenues derived from the municipality's undertaking and carryingout of urban renewal projects under this chapter. However, payment of the bondsmay be further secured by a pledge of any loan, grant or contribution from thefederal government or other source in aid of any urban renewal projects of themunicipality under this chapter.

 

15-9-120. Taxes upon property; authorized division thereof.

 

 

(a) Any urban renewal plan may contain a provision that taxes,if any, levied upon taxable property in an urban renewal project each year byor for the benefit of a municipality in the state shall be divided as follows:

 

(i) That portion of the taxes which would be produced by therate upon which the tax is levied each year by or for each of the taxingagencies upon the total sum of the assessed value of the taxable property inthe urban renewal project as shown upon the assessment roll used in connectionwith the taxation of the property by the taxing agency, last equalized prior tothe effective date of the urban renewal project shall be allocated to and, whencollected, paid into the funds of the respective taxing agencies as taxes by orfor those taxing agencies on all other property are paid (for the purpose ofallocating taxes by or for any taxing agency which did not include theterritory in the urban renewal project on the effective date of the project butwhich territory had been annexed or otherwise included after the effectivedate, the assessment of the county last equalized on the project shall be usedin determining the assessed valuation on the taxable property in the project onthe effective date); and

 

(ii) That portion of the levied taxes each year in excess of theamount specified in paragraph (a)(i) of this section shall be allocated to and,when collected, paid into a special fund of the participating municipality or urbanrenewal agency to pay the principal and interest on loaned money advanced to,or any indebtedness incurred by the municipality or urban renewal agency. Unless the total assessed valuation of the taxable property in an urban renewalproject exceeds the total assessed value of the taxable property in the projectas shown by the last equalized assessment roll referred to in paragraph (a)(i)of this section, all of the taxes levied and collected upon the taxableproperty in the urban renewal project shall be paid into the funds of therespective taxing agencies. When any loans, advances and indebtedness, if any,and interest have been paid in full, all monies thereafter received from taxesupon the taxable property in the urban renewal project shall be paid into thefunds of the various taxing agencies as taxes on all other property are paid.

 

15-9-121. Taxes upon property; when pledging allowed.

 

Inany urban renewal plan or in proceedings for the advance of monies or making ofloans or the incurring of any indebtedness by the municipality or agency tofinance or refinance in whole or in part the urban renewal project, the portionof the taxes specified in W.S. 15-9-120(a)(ii) may be irrevocably pledged forthe payment of the principal of and interest on those loans or advances or thatindebtedness.

 

15-9-122. Bonds; provisions inapplicable; tax exemption.

 

 

(a) Revenue bonds issued under this chapter:

 

(i) Do not constitute an indebtedness within the meaning of anyconstitutional or statutory debt limitation or restriction;

 

(ii) Are not subject to the provisions of any other law orcharter relating to the authorization, issuance or sale of bonds.

 

(b) Bonds issued under this chapter are for an essential publicand governmental purpose and, together with interest thereon and incometherefrom, are exempt from all taxes.

 

15-9-123. Bonds; resolution or ordinance; characteristics.

 

Bondsissued under this chapter shall be authorized by resolution or ordinance of thelocal governing body. The bonds may be issued in one (1) or more series andshall bear the date or dates, be payable upon demand or mature at the time ortimes, bear interest at the rate or rates, be in the denomination ordenominations and form, either with or without coupon or registered, carryconversion or registration privileges, have the rank or priority, be executedin a manner and payable in a medium of payment at the place or places, besubject to the terms of redemption (with or without premium), be secured in themanner and have other characteristics as may be provided by the resolution orordinance or trust indenture or mortgage issued pursuant thereto.

 

15-9-124. Bonds; sale or exchange.

 

Bondsmay be sold at not less than par at public sales held after notice publishedprior to the sale in a newspaper having a general circulation in the area ofoperation and in any other medium of publication as the municipality determinesor may be exchanged for other bonds on the basis of par. However, the bondsmay be sold to the federal government at a private sale at not less than par. If less than all of the authorized principal amount on the bonds is sold to thefederal government, the balance may be sold at private sale at not less thanpar at an interest cost to the municipality or not to exceed the interest costto the municipality of the portion of the bonds sold to the federal government.

 

15-9-125. Bonds; signatures and negotiability.

 

Ifany of the public officials of the municipality whose signatures appear on anybonds or coupons issued under this chapter cease to be officials before thedelivery of the bonds, the signatures are valid and sufficient for allpurposes, the same as if the officials had remained in office until thedelivery. Any provision of any law to the contrary notwithstanding, any bondsissued pursuant to this chapter are fully negotiable.

 

15-9-126. Bonds; recitation thereon.

 

Inany suit, action or proceeding involving the validity or enforceability of anybond issued under this chapter or the security therefor, the bond reciting insubstance that it has been issued by the municipality in connection with anurban renewal project, as defined in W.S. 15-9-103 is conclusively deemed tohave been issued for that purpose and the project is conclusively deemed tohave been planned, located and carried out in accordance with the provisions ofthis chapter.

 

15-9-127. General obligation bonds; purposes; authorization; approval;characteristics; other provisions unaffected.

 

 

(a) In addition to the authority to issue bonds pursuant toW.S. 15-9-119, any municipality may issue general obligation bonds for theurban renewal purposes specified in subsection (b) of this section and subjectto the requirements thereof and the requirements of the constitution and any otherapplicable laws.

 

(b) General obligation bonds issued by a municipality for thepurposes of aiding in the planning, undertaking or carrying out of any urbanrenewal project and related activities of a municipality, its board orcommission, or its agency under this chapter shall be authorized by resolutionor ordinance of the local governing body and shall be approved by a vote of thepeople residing in the issuing governmental unit at an election called,conducted, canvassed and returned in the manner provided for bond elections bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

(c) The bonds shall bear any characteristics as may be providedby the resolution or ordinance or trust indenture or mortgage issued pursuant thereto,including the characteristics specified in W.S. 15-9-123. Nothing in thissection limits or otherwise adversely affects any other section of thischapter.

 

15-9-128. Investment of funds in bonds authorized; duty of care.

 

(a) Anyone carrying on a banking or investment business or aninsurance business and all fiduciaries may legally invest any monies or otherfunds belonging to them or within their control in any bonds or otherobligations issued by a municipality pursuant to this chapter.

 

(b) It is the purpose of this section to authorize any persons,political subdivisions and officers, public or private, to use any funds ownedor controlled by them for the purchase of any such bonds or other obligations.

 

(c) Nothing contained in this section with regard to legalinvestments shall be construed as relieving any person of any duty ofexercising reasonable care in selecting securities.

 

15-9-129. Exemption of property from execution; exception.

 

Allproperty of a municipality or agency, including funds owned or held by it forthe purposes of this chapter, are exempt from levy and sale by virtue of anyexecution. No execution or other judicial process shall issue against theproperty nor shall judgment against a municipality or agency be a charge orlien upon the property. The provisions of this section do not apply to or limitthe right of obligees to pursue any remedies for the enforcement of any pledgeor lien given pursuant to this chapter by a municipality or agency on itsrents, fees, grants or revenues from urban renewal projects.

 

15-9-130. Exemption of property from taxation; termination thereof.

 

Theproperty of a municipality or agency acquired or held for the purposes of thischapter, is public property used for essential public and governmentalpurposes. The property is exempt from all taxes of the municipality, thecounty, the state or any political subdivision thereof. However, the taxexemption terminates if the municipality or agency sells, leases or otherwisedisposes of the property in any urban renewal area to a purchaser or lesseewhich is not a public body entitled to tax exemption for the property.

 

15-9-131. Powers of municipality, public body in aiding project.

 

 

(a) To aid in the planning, undertaking or carrying out of anurban renewal project and related activities authorized by this chapter locatedwithin the area in which it is authorized to act, any public body ormunicipality, upon terms and with or without consideration as it determines,may:

 

(i) Dedicate, sell, convey or lease any of its interest in anyproperty or grant easements, licenses or other rights or privileges therein toa municipality;

 

(ii) Incur the entire expense of any public improvements itmakes in exercising the powers granted in this section;

 

(iii) Do any and all things necessary to aid or cooperate in theplanning or carrying out of an urban renewal plan;

 

(iv) Lend, grant or contribute funds to a municipality;

 

(v) Enter into agreements (which may extend over any period,notwithstanding any provision or rule of law to the contrary) with the federalgovernment, a municipality or any other public body respecting action to betaken pursuant to any of the powers granted by this chapter, including thefurnishing of funds or other assistance in connection with an urban renewalproject and related activities;

 

(vi) Borrow money and apply for and accept any form of financialassistance from any source;

 

(vii) Furnish any public buildings and public facilities or anyother works which it is otherwise empowered to undertake;

 

(viii) Furnish, dedicate, close, vacate, pave, install, grade,regrade, plan or replan streets, roads, sidewalks, ways or other places;

 

(ix) Plan or replan, zone or rezone any part of the public bodyor make exceptions from building regulations; and

 

(x) Cause administrative and other services to be furnished tothe municipality.

 

(b) If at any time title to or possession of any urban renewalproject is held by any public body or governmental agency, other than themunicipality which is authorized by law to engage in the undertaking, carryingout or administration of urban renewal projects and related activities(including any agency or instrumentality of the United States of America), theprovisions of the agreements referred to in this section inure to the benefitof and may be enforced by the public body or governmental agency.

 

(c) Any sale, conveyance, lease or agreement pursuant to thissection may be made by a public body without appraisal, public notice,advertisement or public bidding.

 

(d) As used in this section, "municipality" includesan urban renewal agency vested with all of the urban renewal project powerspursuant to W.S. 15-9-133.

 

15-9-132. Instruments presumed properly executed.

 

Anyinstrument executed by a municipality and purporting to convey the right, titleor interest in any property under this chapter is conclusively presumed to havebeen executed in compliance with the provisions hereof insofar as title orother interest of any bona fide purchasers, lessees or transferees of theproperty is concerned.

 

15-9-133. Exercise of powers; delegation and scope thereof;exceptions.

 

(a) A municipality may itself exercise its urban renewal powersas specified in this chapter.

 

(b) As used in this section, "urban renewal powers,"when applied to their exercise by the urban renewal agency, include the rights,powers, functions and duties of a municipality set forth in this chapter,except the following:

 

(i) The determination of an area to be a slum or blighted areaor combination thereof and the designation of an area as appropriate for anurban renewal project;

 

(ii) Approval of urban renewal plans and modifications thereof;

 

(iii) General neighborhood renewal plans and communitywide plansor programs for urban renewal;

 

(iv) Establishment of a general plan for the locality as awhole;

 

(v) The power to formulate a workable program under W.S.15-9-105.

 

(c) A municipality shall not delegate to an urban renewalagency or a board or commission, the power to acquire by condemnation realproperty within the boundaries of an urban renewal area.

 

15-9-134. Agency; creation; board of commissioners; appointment;compensation; actions and procedure; removal.

 

 

(a) There is created in each municipality a public bodycorporate and politic to be known as the "urban renewal agency" ofthe municipality. The urban renewal agency shall not exercise its powers underthis chapter until or unless the local governing body has made the findingprescribed in W.S. 15-9-106 and has elected to have urban renewal powersexercised by an urban renewal agency as provided in W.S. 15-9-133.

 

(b) The mayor, by and with the consent and advice of the localgoverning body, shall appoint a board of five (5) commissioners of the urbanrenewal agency selected on the basis of their interest in and knowledge ofcommunity planning, urban renewal and business management. Any person may beappointed as commissioner if he resides within the area of operation of theagency (which shall have the same bounds or limits as the area of operation ofthe municipality) and is otherwise eligible for appointment under thischapter. The original appointment of commissioners shall be as follows: one(1) for a term of one (1) year; one (1) for a term of two (2) years; one (1)for a term of three (3) years; one (1) for a term of four (4) years; and one(1) for a term of five (5) years. Thereafter each appointment shall be for aterm of five (5) years.

 

(c) Each commissioner shall hold office until his successor isappointed and qualified. A certificate of the appointment or reappointment ofany commissioner shall be filed with the clerk of the municipality and thecertificate is conclusive evidence of the commissioner's due and properappointment.

 

(d) A commissioner shall receive no compensation for hisservices but is entitled to necessary expenses incurred in the discharge of hisduties. No commissioner or other officer of any urban renewal agency, board orcommission exercising powers pursuant to this chapter shall hold any otherpublic municipal office for which compensation is received.

 

(e) The powers of an urban renewal agency shall be exercised bythe commissioners thereof. A majority of the commissioners constitute a quorumfor all purposes. Action may be taken by the agency upon a vote of a majorityof the commissioners present, unless in any case the bylaws require a largernumber. Annually, at the first meeting, the board of commissioners shall electits officers. Each officer shall hold office for a term of one (1) year anduntil his successor is elected and qualified.

 

(f) A commissioner may be removed from office for inefficiency,neglect of duty or misconduct in office only after:

 

(i) A hearing;

 

(ii) He has been given a copy of the charges at least ten (10)days prior to the hearing; and

 

(iii) He has had an opportunity to be heard in person or bycounsel.

 

15-9-135. Agency; staff.

 

Anagency may employ an executive director, technical experts and any other agentsand employees it requires and determine their qualifications, duties andcompensation. An agency may also employ or retain its own counsel and legalstaff.

 

15-9-136. Agency; annual reports.

 

Anagency authorized to transact business and exercise powers under this chaptershall file with the local governing body on or before May 31 of each year areport of its activities for the preceding calendar year. The report shallinclude a complete financial statement setting forth its assets, liabilities,income and operating expenses as of the end of that calendar year. At the timeof filing the report, the agency shall publish in a newspaper of generalcirculation in the community a notice to the effect that the report has beenfiled with the municipality and is available for inspection during businesshours in the office of the clerk of the municipality and in the office of theagency.

 

15-9-137. Voluntary conflicts of interest prohibited; disclosure ofinvoluntary conflicts; violation.

 

Nopublic official or employee of a municipality, or board or commission thereof,and no commissioner or employee of an urban renewal agency vested by amunicipality with urban renewal project powers under W.S. 15-9-133 shallvoluntarily acquire any personal interest, direct or indirect, in any urbanrenewal project, or in any property included or planned to be included in anyurban renewal project of that municipality or in any contract or proposedcontract in connection with that urban renewal project. If the acquisition isnot voluntary, the interest acquired shall be immediately disclosed in writingto the local governing body, and the disclosure shall be entered upon theminutes thereof. If any official, commissioner or employee presently owns orcontrols, or owned or controlled within the preceding two (2) years, anyinterest, directly or indirectly, in any property which he knows is included orplanned to be included in any urban renewal project, he shall immediatelydisclose this fact in writing to the local governing body. The disclosureshall be entered upon the minutes of the governing body, and no such official,commissioner or employee shall participate in any action by the municipality,or board or commission thereof, or urban renewal agency, affecting theproperty. Any disclosure required to be made by this section to the localgoverning body shall concurrently be made to an urban renewal agency which hasbeen vested with urban renewal project powers by the municipality pursuant tothis chapter. Any violation of the provisions of this section constitutesmisconduct in office.

 

ARTICLE 2 - DOWNTOWN DEVELOPMENT AUTHORITY

 

15-9-201. Declarations.

 

 

(a) The Wyoming legislature declares that the organization ofdowntown development authorities having the purposes and powers provided inthis act will serve a public use; will promote the health, safety, prosperity,security and general welfare of the


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State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter9

CHAPTER 9 - URBAN RENEWAL

 

ARTICLE 1 - URBAN DEVELOPMENT

 

15-9-101. Short title.

 

Thischapter may be cited as the "Wyoming Urban Renewal Code."

 

15-9-102. Legislative findings.

 

 

(a) It is hereby found and declared that there exists inmunicipalities of the state slum and blighted areas (as herein defined) whichconstitute a serious and growing menace, injurious to the public health,safety, morals and welfare of the residents of the state; that the existence ofsuch areas contributes substantially and increasingly to the spread of diseaseand crime, constitutes an economic and social liability imposing onerousmunicipal burdens which decrease the tax base and reduce tax revenues,substantially impairs or arrests the sound growth of municipalities, retardsthe provision of housing accommodations, aggravates traffic problems andsubstantially impairs or arrests the elimination of traffic hazards and theimprovement of traffic facilities; and that the prevention and elimination ofslums and blight is a matter of state policy and state concern.

 

(b) It is further found and declared that certain slum orblighted areas, or portions thereof, may require acquisition, clearance, anddisposition subject to use restrictions, as provided in this act, since theprevailing conditions of decay may make impracticable the reclamation of thearea by conservation or rehabilitation; that other areas or portions thereofmay, through the means provided in this act, be susceptible to conservation orrehabilitation in such a manner that the conditions and evils hereinbeforeenumerated may be eliminated, remedied or prevented; and that salvageable slumand blighted areas can be conserved and rehabilitated through appropriatepublic action as herein authorized, and the cooperation and voluntary action ofthe owners and tenants of property in such areas.

 

(c) It is further found and declared that the powers conferredby this act are for public uses and purposes for which public money may beexpended and the power of eminent domain and police power exercised; and thatthe necessity in the public interest for the provisions herein enacted ishereby declared as a matter of legislative determination.

 

15-9-103. Definitions.

 

 

(a) As used in this chapter, unless a different meaning isclearly indicated by the context:

 

(i) "Agency" or "urban renewal agency"means a public agency created by W.S. 15-9-134;

 

(ii) "Area of operation" means the area within thecorporate limits of the municipality and the area within five (5) miles ofthose limits, except that it does not include any area which lies within theterritorial boundaries of another incorporated city or town unless a resolutionhas been adopted by the governing body of the other city or town declaring aneed therefor;

 

(iii) "Blighted area" means an area which by reason ofthe presence of a substantial number of slums, deteriorated or deterioratingstructures, predominance of defective or inadequate street layout, faulty lotlayout in relation to size, adequacy, accessibility or usefulness, unsanitaryor unsafe conditions, deterioration of site or other improvements, diversity ofownership, tax or special assessments, delinquency exceeding the fair value ofthe land, defective or unusual conditions of title, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors, substantially impairs or arrests the sound growthof a municipality, retards the provision of housing accommodations orconstitutes an economic or social liability and is a menace to the publichealth, safety, morals or welfare in its present condition and use. However,if the blighted area consists of open land, the conditions contained in W.S.15-9-110(b) apply and any disaster area referred to in W.S. 15-9-112constitutes a "blighted area";

 

(iv) "Bonds" means any bonds, notes, interimcertificates, certificates of indebtedness, debentures or other obligations;

 

(v) "Clerk" means the clerk or other official of themunicipality who is the custodian of the official records of the municipality;

 

(vi) "Council" or "commission" means acouncil, board, commission, department, division, office, body or other unit ofthe municipality;

 

(vii) "Federal government" means the United States ofAmerica or any agency or instrumentality thereof;

 

(viii) "Local governing body" means the commission,council or other legislative body charged with governing the municipality;

 

(ix) "Mayor" means the mayor of a municipality orother officer or body having the duties customarily imposed upon the executivehead of a municipality;

 

(x) "Municipality" means any incorporated orchartered city or town as established under Wyoming law;

 

(xi) "Obligee" means any bondholder, agents ortrustees for any bondholders, or lessor demising to the municipality, propertyused in connection with an urban renewal project, or any assignee or assigneesof the lessor's interest or any part thereof, and the federal government if itis a party to any contract with the municipality;

 

(xii) "Person" means any individual, firm, partnership,corporation, company, association, joint stock association or body politic andincludes any trustee, receiver, assignee or other person acting in a similarrepresentative capacity;

 

(xiii) "Public body" means the state, or any county,municipality, board, commission, authority, district or any other subdivisionor public body thereof;

 

(xiv) "Public officer" means any officer who is incharge of any department or branch of the government of the municipalityrelating to health, fire, building regulations or any other activitiesconcerning dwellings in the municipality;

 

(xv) "Real property" means all lands, includingimprovements and fixtures thereon, and property of any nature appurtenantthereto, or used in connection therewith, and every estate, interest, right anduse therein, including terms for years and liens by way of judgment, mortgageor otherwise;

 

(xvi) "Slum area" means an area in which there is apredominance of buildings or improvements, whether residential ornonresidential, which by reason of dilapidation, deterioration, age orobsolescence, inadequate provision for ventilation, light, air, sanitation, oropen spaces, high density of population and overcrowding, or the existence ofconditions which endanger life or property by fire and other causes, or anycombination of those factors is conducive to ill health and is detrimental tothe public safety, morals or welfare;

 

(xvii) "Urban renewal area" means a slum area or ablighted area or a combination thereof which the local governing body designatesas appropriate for an urban renewal project;

 

(xviii) "Urban renewal plan" means a plan, as it existsfrom time to time, for one (1) or more urban renewal areas, or for any urbanrenewal project, which:

 

(A) Conforms to the general plan for the municipality as awhole, except as provided in W.S. 15-9-112, and is consistent with definitelocal objectives respecting appropriate land uses, improved traffic, publictransportation, public utilities, recreational and community facilities andother public improvements; and

 

(B) Is sufficiently complete to indicate land acquisition,demolition and removal of structures, redevelopment, improvements andrehabilitation as may be proposed to be carried out in the urban renewal area,zoning and planning changes, if any, land used, maximum densities and buildingrequirements.

 

(xix) "Urban renewal project" includes undertakings andactivities of a municipality in one (1) or more urban renewal areas for theelimination and for the prevention of the development or spread of slums andblight, and may involve slum clearance and redevelopment in an urban renewalarea, or rehabilitation or conservation in an urban renewal area, or anycombination or part thereof in accordance with an urban renewal plan. Theundertakings and activities may include:

 

(A) Acquisition of a slum area or a blighted area or portionthereof;

 

(B) Demolition and removal of buildings and improvements;

 

(C) Installation, construction or reconstruction of streets,utilities, parks, playgrounds and other improvements necessary for carrying outin the urban renewal area the urban renewal objectives of this chapter inaccordance with the urban renewal plan;

 

(D) Disposition of any property acquired in the urban renewalarea at its fair value for uses in accordance with the urban renewal plan;

 

(E) Carrying out plans for a program of voluntary or compulsoryrepair and rehabilitation of buildings or other improvements in accordance withthe urban renewal plan; and

 

(F) Acquisition of any other real property in the urban renewalarea if necessary to eliminate unhealthy, unsanitary or unsafe conditions,lessen density, eliminate obsolete or other uses detrimental to the publicwelfare, or otherwise to remove or prevent the spread of blight or deteriorationor to provide land for needed public facilities.

 

15-9-104. Private enterprise to be preferred; when considered.

 

 

(a) A municipality, to the greatest extent it determines to befeasible in carrying out the provisions of this chapter and consistent with itsneeds, shall afford maximum opportunity to the rehabilitation or redevelopmentof the urban renewal area by private enterprise. A municipality shall giveconsideration to this objective in exercising its powers under this chapter,including the:

 

(i) Formulation of a workable program;

 

(ii) Approval of communitywide plans or programs for urbanrenewal and general neighborhood renewal plans (consistent with the generalplan of the municipality);

 

(iii) Exercising of its zoning powers;

 

(iv) Enforcement of other laws, codes and regulations relatingto the use of land and the use and occupancy of buildings and improvements;

 

(v) Disposition of any property acquired; and

 

(vi) Provision of necessary public improvements.

 

15-9-105. Workable program; formulation; objectives and provisionsthereof.

 

 

(a) For the purposes of this chapter a municipality mayformulate for itself a workable program for utilizing appropriate private andpublic resources to:

 

(i) Eliminate and prevent the development or spread of slumsand urban blight;

 

(ii) Encourage needed urban rehabilitation;

 

(iii) Provide for the redevelopment of slum and blighted areas;or

 

(iv) Undertake any of those activities or other feasiblemunicipal activities as may be suitably employed to achieve the objectives of aworkable program.

 

(b) A workable program may include provisions for the:

 

(i) Prevention of the spread of blight through diligentenforcement of housing, zoning and occupancy controls and standards;

 

(ii) Rehabilitation or conservation of slum and blighted areasor portions thereof by:

 

(A) Replanning;

 

(B) Removing congestion;

 

(C) Providing parks, playgrounds and other public improvements;

 

(D) Encouraging voluntary rehabilitation; and

 

(E) Compelling the repair and rehabilitation of deteriorated ordeteriorating structures.

 

(iii) Clearance and redevelopment of slum and blighted areas orportions thereof.

 

15-9-106. Initiative resolution; how adopted; findings.

 

 

(a) No municipality shall exercise the authority conferred uponmunicipalities by this chapter until the local governing body, on its ownmotion or by virtue of a petition signed by twenty-five (25) or more electorsof the municipality, has adopted a resolution finding that:

 

(i) One (1) or more slum or blighted areas exist in themunicipality; and

 

(ii) The rehabilitation, conservation, redevelopment or acombination thereof of the area or areas is necessary in the interest of thepublic health, safety, morals or welfare of the residents of the municipality.

 

15-9-107. Preliminary requirements for projects; generally.

 

Anurban renewal project for an urban renewal area shall not be planned orinitiated unless the governing body, by resolution, has determined the area tobe a slum area or a blighted area or a combination thereof and designated it asappropriate for an urban renewal project. A municipality shall not acquirereal property for any urban renewal project unless the local governing body hasapproved the urban renewal project in accordance with W.S. 15-9-110.

 

15-9-108. Preliminary requirements for projects; preparation of plan;review by commission.

 

Amunicipality may prepare an urban renewal plan or have one prepared by theurban renewal agency established in W.S. 15-9-134. Any person or agency mayalso submit an urban renewal plan to a municipality. Prior to approving anurban renewal project, the local governing body shall submit the urban renewalplan to the planning commission of the municipality, if any, for review andrecommendations as to its conformity with the general plan for the developmentof the entire municipality. The planning commission shall submit its writtenrecommendations with respect to the proposed urban plan to the local governingbody within thirty (30) days after receipt of the plan for review. Uponreceipt of the planning commission recommendations, or if no recommendationsare received within thirty (30) days, the local governing body may proceed withthe hearing on the proposed urban renewal project in accordance with theprovisions of W.S. 15-9-109.

 

15-9-109. Preliminary requirements for projects; hearing; publicationand contents of notice.

 

 

(a) The local governing body, under rules or procedures itdetermines, shall hold a public hearing on any urban renewal project.

 

(b) A notice of the hearing shall be published in a newspaperhaving a general circulation in the area of operation of the municipality fortwo (2) successive weeks, with the last publication thereof to be at least five(5) days prior to the hearing. The notice shall:

 

(i) Describe the time, date, place and purpose of the hearing;

 

(ii) Generally identify the urban renewal area covered by theplan; and

 

(iii) Outline the general scope of the urban renewal projectunder consideration.

 

15-9-110. Preliminary requirements for projects; approval by andfindings of governing body.

 

 

(a) Following the hearing specified in W.S. 15-9-109, the localgoverning body may approve an urban renewal project and the plan therefor if itfinds that:

 

(i) A feasible method exists for the relocation of families whowill be displaced from the urban renewal area in decent, safe and sanitarydwelling accommodations within their means and without undue hardship to thosefamilies;

 

(ii) The urban renewal plan conforms to the general plan of themunicipality as a whole;

 

(iii) The urban renewal plan gives due consideration to theprovision of adequate park and recreational areas and facilities that may bedesirable for neighborhood improvement, with special consideration for thehealth, safety and welfare of children residing in the general vicinity of thesite covered by the plan;

 

(iv) The urban renewal plan affords maximum opportunity,consistent with the municipality's needs, for the rehabilitation orredevelopment of the urban renewal area by private enterprise.

 

(b) If the urban renewal area consists of an area of open landto be acquired by the municipality, the area shall not be so acquired unless:

 

(i) If it is to be developed for residential uses, the localgoverning body shall determine that:

 

(A) A shortage of housing of sound standards and design whichis decent, safe and sanitary exists in the municipality;

 

(B) The need for housing accommodations has been or will beincreased as a result of the clearance of slums in other areas;

 

(C) The conditions of blight in the area and the shortage ofdecent, safe and sanitary housing cause or contribute to an increase in andspread of disease and crime and constitute a menace to the public health,safety, morals or welfare; and

 

(D) The acquisition of the area for residential uses is anintegral part of and essential to the program of the municipality;

 

(ii) If it is to be developed for nonresidential uses, the localgoverning body shall determine that the:

 

(A) Nonresidential uses are necessary and appropriate tofacilitate the proper growth and development of the community in accordancewith sound planning standards and local community objectives;

 

(B) Acquisition may require the exercise of governmental actionas provided in this chapter, because of:

 

(I) Defective or unusual conditions of title;

 

(II) Diversity of ownership;

 

(III) Tax delinquency;

 

(IV) Improper subdivisions;

 

(V) Outmoded street patterns;

 

(VI) Deterioration of site;

 

(VII) Economic disuse;

 

(VIII) Unsuitable topography or faulty lot layouts;

 

(IX) Need for the correlation of the area with other areas of amunicipality by streets and modern traffic requirements; or

 

(X) Any combination of factors specified in this subparagraphor other conditions which retard development of the area.

 

15-9-111. When plan modifiable and effective.

 

 

(a) An urban renewal plan may be modified at any time. If aplan is modified after the lease or sale by the municipality of real propertyin the urban renewal project area, the modification may be conditioned upon theapproval of the owner, lessee or successor in interest as the municipalitydeems advisable. The modification is subject to any rights at law or in equityas a lessee or purchaser, or his successor or successors in interest, areentitled to assert.

 

(b) Upon the approval by a municipality of an urban renewalplan or of any modification thereof, the plan or modification is deemed to bein full force and effect, and the municipality may then cause the plan ormodification to be carried out in accordance with its terms.

 

15-9-112. Provisions not applicable for disaster area.

 

Notwithstanding any other provisions ofthis chapter, if a local governing body certifies that an area is in need ofredevelopment or rehabilitation as a result of a flood, fire, tornado,earthquake, storm or other catastrophe for which the governor of the state hascertified the need for disaster assistance under 42 U.S.C. 5121 et seq., orother federal law, the local governing body may approve an urban renewal planand an urban renewal project for that area without regard to the provisions ofW.S. 15-9-109 and the provisions of this act requiring a general plan for themunicipality and a public hearing on the urban renewal project.

 

15-9-113. General powers of municipality.

 

 

(a) In addition to any other powers specified by law, everymunicipality has all the powers necessary to carry out the purposes and provisionsof this chapter, including the following powers:

 

(i) To undertake and carry out urban renewal projects andrelated activities within its area of operation; and to:

 

(A) Make and execute contracts and other instruments necessaryor convenient to the exercise of its powers under this act;

 

(B) Disseminate slum clearance and urban renewal information.

 

(ii) To provide or 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 in connection withan urban renewal project;

 

(iii) To install, construct and reconstruct streets, utilities,parks, playgrounds and other public improvements;

 

(iv) To agree to any conditions that it deems reasonable andappropriate attached to federal financial assistance and imposed pursuant tofederal law relating to the determination of prevailing salaries or wages orcompliance with labor standards, in the undertaking or carrying out of an urbanrenewal project and related activities and to include in any contract let inconnection with such a project and related activities, provisions to fulfillthose conditions as it deems reasonable and appropriate;

 

(v) Within its area of operation, to enter into any building orproperty in any urban renewal area in order to make inspections, surveys,appraisals, soundings or test borings, and to obtain an order for this purposefrom a court of competent jurisdiction in the event entry is denied or resistedas provided by law;

 

(vi) To acquire by purchase, lease, option, gift, grant,bequest, devise, eminent domain or otherwise, any real property (or personalproperty for its administrative purposes) together with any improvementsthereon and to hold, improve, clear or prepare for redevelopment any suchproperty;

 

(vii) To mortgage, pledge, hypothecate or otherwise encumber ordispose of any real property;

 

(viii) To insure or provide for the insurance of any real orpersonal property;

 

(ix) To enter into any contracts necessary to effectuate thepurposes of this act;

 

(x) To invest any urban renewal project funds held in reservesor sinking funds or any such funds not required for immediate disbursement inproperty or securities in which savings banks may legally invest funds subjectto their control, or to deposit in savings accounts in national or state banksand to redeem any bonds issued pursuant to W.S. 15-9-119 at the redemptionprice established therein or to purchase those bonds at less than redemptionprice, all such bonds so redeemed or purchased to be cancelled;

 

(xi) To borrow money and to apply for and accept any form offinancial assistance from any source for the purposes of this chapter, to givesuch security as may be required, to enter into and carry out contracts oragreements in connection therewith and to include in any contract for financialassistance with the federal government for or with respect to any urban renewalproject and related activities such conditions imposed pursuant to federal lawsas the municipality deems reasonable and appropriate and which are notinconsistent with the purposes of this chapter;

 

(xii) Within its area of operation, to make or have made allsurveys and plans necessary to the carrying out of the purposes of this chapterand to contract with any person, public or private, in making and carrying outthose plans and to adopt or approve, modify and amend those plans, which plansmay include but are not limited to:

 

(A) A general plan for the locality as a whole;

 

(B) Urban renewal plans;

 

(C) Plans for carrying out a program of voluntary or compulsoryrepair and rehabilitation of buildings and improvements;

 

(D) Plans for the enforcement of state and local laws, codes,ordinances and regulations relating to the use of land, the use and occupancyof buildings and improvements and to the compulsory repair, rehabilitation,demolition or removal of buildings and improvements; and

 

(E) Perform or contract the performance of appraisals, titlesearches, surveys, studies and other plans and work necessary to prepare forthe undertaking of urban renewal projects and related activities, to develop,test and report methods and techniques and carry out demonstrations and otheractivities for the prevention and the elimination of slums and urban blight.

 

(xiii) To prepare plans for and assist in the relocation of anypersons displaced by an urban renewal project, and to make relocation paymentsto or with respect to those persons for moving expenses and losses of propertyfor which reimbursement or compensation is not otherwise made, including themaking of such payments financed by the federal government;

 

(xiv) To appropriate funds, make expenditures and levy taxes andassessments as may be necessary to carry out the purposes of this act;

 

(xv) To zone or rezone any part of the municipality or makeexceptions from building regulations;

 

(xvi) To enter into agreements with an urban renewal agencyvested with urban renewal project power under W.S. 15-9-133, which agreementsmay extend over any period, notwithstanding any provision or rule of law to thecontrary, respecting action to be taken by a municipality pursuant to any ofthe powers granted by this chapter;

 

(xvii) To close, vacate, plan or replan streets, roads, sidewalks,ways or other places;

 

(xviii) To plan or replan any part of the municipality;

 

(xix) Within its area of operation, to organize, coordinate anddirect the administration of the provisions of this act as they apply to themunicipality in order that the objective of remedying slum and blighted areasand preventing the causes thereof within the municipality may be mosteffectively promoted and achieved and to establish new offices of themunicipality or to reorganize existing offices in order to carry out thepurpose most effectively;

 

(xx) To exercise all or any part or combination of powersgranted by this section; and

 

(xxi) To plan and undertake neighborhood development programsconsisting of urban renewal project undertakings and activities in one (1) ormore urban renewal areas which are planned and carried out on the basis ofannual increments in accordance with the provisions of this chapter forplanning and carrying out urban renewal projects.

 

15-9-114. Condemnation.

 

 

(a) A municipality has the right to acquire by condemnation anyinterest in real property, including a fee simple title thereto, which it deemsnecessary for or in connection with an urban renewal project under thischapter. A municipality may exercise the power of eminent domain in the mannernow provided or which may be hereafter provided by any other statutoryprovisions. Property already devoted to a public use may be acquired in likemanner, provided that no real property belonging to the United States, thestate or any political subdivision thereof, may be acquired without itsconsent.

 

(b) In any proceeding to fix compensation for damages for thetaking or damaging of property, or any interest therein, through the exerciseof the power of eminent domain or condemnation, evidence or testimony bearingupon the following matters is admissible and shall be considered, in additionto evidence or testimony otherwise admissible, in fixing the compensation fordamages:

 

(i) Any use, condition, occupancy or operation of the property,which is unlawful or violative of or subject to elimination, abatement,prohibition or correction under any law or any ordinance or regulatory measureof the state, county, municipality, other political subdivisions or any agencythereof, in which the property is located, as being unsafe, substandard,unsanitary or otherwise contrary to the public health, safety or welfare;

 

(ii) The effect on the value of the property of any such use,condition, occupancy or operation, or of the elimination, abatement,prohibition or correction of any such use, condition, occupancy or operation.

 

(c) The testimony or evidence specified in subsection (b) ofthis section is admissible notwithstanding that no action has been taken by anypublic body or public office toward the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation. Testimony orevidence that any public body or public office charged with the duty orauthority so to do has rendered, made or issued any judgment, decree,determination or order for the abatement, prohibition, elimination orcorrection of any such use, condition, occupancy or operation is admissible andis prima facie evidence of the existence and character of that use, conditionor operation.

 

15-9-115. Property acquired in project; disposition and use generally.

 

 

(a) A municipality may:

 

(i) Sell, lease or otherwise transfer real property or anyinterest therein acquired by it in an urban renewal project;

 

(ii) Enter into contracts with respect to such property forresidential, recreational, commercial, industrial, educational or other uses orfor public use; or

 

(iii) Retain the property or interest for public use inaccordance with the urban renewal plan, subject to any covenants, conditionsand restrictions, including covenants running with the land, as it deemsnecessary or desirable to assist in preventing the development or spread offuture slums or blighted areas or to otherwise carry out the purposes of thischapter.

 

(b) The sale, lease, other transfer or retention of propertyspecified in subsection (a) of this section, and any agreement relatingthereto, may be made only after the local governing body approves the urbanrenewal plan.

 

(c) The purchasers or lessees and their successors and assignsare obliged to devote the real property only to the uses specified in the urbanrenewal plan and may be obligated to comply with any other requirements themunicipality determines to be in the public interest, including the obligationto begin within a reasonable time any improvements on the real propertyrequired by the urban renewal plan. With respect to any real property in anurban renewal area acquired by any public body, political subdivision, agencyor office of the state for uses in accordance with an urban renewal plan, thepublic body, political subdivision, agency or office of the state is authorizedto obligate itself and its successors or assigns to devote the real propertyonly to the uses specified in the urban renewal plan and, to the extent fundshave been authorized or appropriated, to obligate itself to begin improvementsrequired by the urban renewal plan.

 

(d) The real property or interest shall be sold, leased,otherwise transferred or retained at not less than its fair value for uses inaccordance with the urban renewal plan. In determining the fair value, amunicipality shall give consideration to:

 

(i) The uses provided therein;

 

(ii) The restrictions upon and the conditions and obligationsassumed by the purchaser or lessee or by the municipality retaining theproperty; and

 

(iii) The objectives of the plan for the prevention of therecurrence of slum or blighted areas.

 

(e) The municipality in any instrument of conveyance to aprivate purchaser or lessee may provide that the purchaser or lessee is withoutpower to sell, lease or otherwise transfer the real property without the priorwritten consent of the municipality until he has completed the construction of anyimprovements which he is obligated to construct thereon. Real property acquiredby a municipality which is to be transferred in accordance with the provisionsof the urban renewal plan, shall be transferred as rapidly as feasible in thepublic interest consistent with carrying out of the provisions of the plan. Anycontract for the transfer and the urban renewal plan shall be recorded in theland records of the county in the manner provided by law to afford actual orconstructive notice thereof.

 

15-9-116. Property acquired in project; disposition to privatepersons; procedure; notice; proposals; contracts.

 

 

(a) A municipality may:

 

(i) Dispose of real property in an urban renewal area toprivate persons only under reasonable procedures it prescribes or as areprovided in this section;

 

(ii) By notice published once each week for four (4) consecutiveweeks in a newspaper having a general circulation in the community, prior tothe execution of any contract to sell, lease or otherwise transfer real propertyand prior to the delivery of any instrument of conveyance with respect theretounder the provisions of this section, invite proposals from and make availableall pertinent information to private redevelopers or any persons interested inundertaking to redevelop or rehabilitate an urban renewal area or any partthereof. The notice shall:

 

(A) Identify the area or portion thereof;

 

(B) State that:

 

(I) Proposals shall be made by those interested within thirty(30) days after the last day of publication of the notice; and

 

(II) Information as is available may be obtained at the officedesignated in the notice.

 

(b) The municipality shall consider all redevelopment orrehabilitation proposals and the financial and legal ability of the persons makingthe proposals to carry them out. The municipality may accept any proposals itdeems to be in the public interest and in furtherance of the purposes of thischapter. A notification of intention to accept a proposal shall be filed withthe governing body not less than thirty (30) days prior to acceptance.Thereafter the municipality may execute a contract and deliver deeds, leasesand other instruments and take all steps necessary to effectuate a contract inaccordance with the provisions of W.S. 15-9-115.

 

15-9-117. Property acquired in project; temporary operation andmaintenance.

 

Amunicipality may temporarily operate and maintain real property acquired by itin an urban renewal area for or in connection with an urban renewal projectpending the disposition of the property as authorized in this chapter, withoutregard to the provisions of W.S. 15-9-115, for any uses and purposes it deemsdesirable even though not in conformity with the urban renewal plan.

 

15-9-118. Property acquired in project; disposition when areadesignated under federal provisions.

 

Notwithstanding any other provisions ofthis chapter, if the municipality is situated in an area designated as aredevelopment area under the Federal Area Redevelopment Act 42 U.S.C. 3161 etseq., land in an urban renewal project area designated under the urban renewalplan for industrial or commercial uses may be disposed of to any public body ornonprofit corporation for subsequent disposition as promptly as practicable bythe public body or corporation for redevelopment in accordance with the urbanrenewal plan. Only the purchaser from or lessee of the public body orcorporation, and their assignees, are required to assume the obligation ofbeginning the building of improvements within a reasonable time. Anydisposition of land to a public body or corporation under this section shall bemade at its fair value for uses in accordance with the urban renewal plan.

 

15-9-119. Bonds authorized; payment thereof; security.

 

 

(a) A municipality is empowered to issue:

 

(i) Revenue bonds to finance the undertaking of any urbanrenewal project under this chapter, including, without limiting the generalitythereof, the payment of principal and interest upon any advances for surveysand plans or preliminary loans; and

 

(ii) Refunding bonds for the payment or retirement of bondspreviously issued by it.

 

(b) The bonds shall be made payable solely from the income,proceeds and revenues derived from the municipality's undertaking and carryingout of urban renewal projects under this chapter. However, payment of the bondsmay be further secured by a pledge of any loan, grant or contribution from thefederal government or other source in aid of any urban renewal projects of themunicipality under this chapter.

 

15-9-120. Taxes upon property; authorized division thereof.

 

 

(a) Any urban renewal plan may contain a provision that taxes,if any, levied upon taxable property in an urban renewal project each year byor for the benefit of a municipality in the state shall be divided as follows:

 

(i) That portion of the taxes which would be produced by therate upon which the tax is levied each year by or for each of the taxingagencies upon the total sum of the assessed value of the taxable property inthe urban renewal project as shown upon the assessment roll used in connectionwith the taxation of the property by the taxing agency, last equalized prior tothe effective date of the urban renewal project shall be allocated to and, whencollected, paid into the funds of the respective taxing agencies as taxes by orfor those taxing agencies on all other property are paid (for the purpose ofallocating taxes by or for any taxing agency which did not include theterritory in the urban renewal project on the effective date of the project butwhich territory had been annexed or otherwise included after the effectivedate, the assessment of the county last equalized on the project shall be usedin determining the assessed valuation on the taxable property in the project onthe effective date); and

 

(ii) That portion of the levied taxes each year in excess of theamount specified in paragraph (a)(i) of this section shall be allocated to and,when collected, paid into a special fund of the participating municipality or urbanrenewal agency to pay the principal and interest on loaned money advanced to,or any indebtedness incurred by the municipality or urban renewal agency. Unless the total assessed valuation of the taxable property in an urban renewalproject exceeds the total assessed value of the taxable property in the projectas shown by the last equalized assessment roll referred to in paragraph (a)(i)of this section, all of the taxes levied and collected upon the taxableproperty in the urban renewal project shall be paid into the funds of therespective taxing agencies. When any loans, advances and indebtedness, if any,and interest have been paid in full, all monies thereafter received from taxesupon the taxable property in the urban renewal project shall be paid into thefunds of the various taxing agencies as taxes on all other property are paid.

 

15-9-121. Taxes upon property; when pledging allowed.

 

Inany urban renewal plan or in proceedings for the advance of monies or making ofloans or the incurring of any indebtedness by the municipality or agency tofinance or refinance in whole or in part the urban renewal project, the portionof the taxes specified in W.S. 15-9-120(a)(ii) may be irrevocably pledged forthe payment of the principal of and interest on those loans or advances or thatindebtedness.

 

15-9-122. Bonds; provisions inapplicable; tax exemption.

 

 

(a) Revenue bonds issued under this chapter:

 

(i) Do not constitute an indebtedness within the meaning of anyconstitutional or statutory debt limitation or restriction;

 

(ii) Are not subject to the provisions of any other law orcharter relating to the authorization, issuance or sale of bonds.

 

(b) Bonds issued under this chapter are for an essential publicand governmental purpose and, together with interest thereon and incometherefrom, are exempt from all taxes.

 

15-9-123. Bonds; resolution or ordinance; characteristics.

 

Bondsissued under this chapter shall be authorized by resolution or ordinance of thelocal governing body. The bonds may be issued in one (1) or more series andshall bear the date or dates, be payable upon demand or mature at the time ortimes, bear interest at the rate or rates, be in the denomination ordenominations and form, either with or without coupon or registered, carryconversion or registration privileges, have the rank or priority, be executedin a manner and payable in a medium of payment at the place or places, besubject to the terms of redemption (with or without premium), be secured in themanner and have other characteristics as may be provided by the resolution orordinance or trust indenture or mortgage issued pursuant thereto.

 

15-9-124. Bonds; sale or exchange.

 

Bondsmay be sold at not less than par at public sales held after notice publishedprior to the sale in a newspaper having a general circulation in the area ofoperation and in any other medium of publication as the municipality determinesor may be exchanged for other bonds on the basis of par. However, the bondsmay be sold to the federal government at a private sale at not less than par. If less than all of the authorized principal amount on the bonds is sold to thefederal government, the balance may be sold at private sale at not less thanpar at an interest cost to the municipality or not to exceed the interest costto the municipality of the portion of the bonds sold to the federal government.

 

15-9-125. Bonds; signatures and negotiability.

 

Ifany of the public officials of the municipality whose signatures appear on anybonds or coupons issued under this chapter cease to be officials before thedelivery of the bonds, the signatures are valid and sufficient for allpurposes, the same as if the officials had remained in office until thedelivery. Any provision of any law to the contrary notwithstanding, any bondsissued pursuant to this chapter are fully negotiable.

 

15-9-126. Bonds; recitation thereon.

 

Inany suit, action or proceeding involving the validity or enforceability of anybond issued under this chapter or the security therefor, the bond reciting insubstance that it has been issued by the municipality in connection with anurban renewal project, as defined in W.S. 15-9-103 is conclusively deemed tohave been issued for that purpose and the project is conclusively deemed tohave been planned, located and carried out in accordance with the provisions ofthis chapter.

 

15-9-127. General obligation bonds; purposes; authorization; approval;characteristics; other provisions unaffected.

 

 

(a) In addition to the authority to issue bonds pursuant toW.S. 15-9-119, any municipality may issue general obligation bonds for theurban renewal purposes specified in subsection (b) of this section and subjectto the requirements thereof and the requirements of the constitution and any otherapplicable laws.

 

(b) General obligation bonds issued by a municipality for thepurposes of aiding in the planning, undertaking or carrying out of any urbanrenewal project and related activities of a municipality, its board orcommission, or its agency under this chapter shall be authorized by resolutionor ordinance of the local governing body and shall be approved by a vote of thepeople residing in the issuing governmental unit at an election called,conducted, canvassed and returned in the manner provided for bond elections bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

(c) The bonds shall bear any characteristics as may be providedby the resolution or ordinance or trust indenture or mortgage issued pursuant thereto,including the characteristics specified in W.S. 15-9-123. Nothing in thissection limits or otherwise adversely affects any other section of thischapter.

 

15-9-128. Investment of funds in bonds authorized; duty of care.

 

(a) Anyone carrying on a banking or investment business or aninsurance business and all fiduciaries may legally invest any monies or otherfunds belonging to them or within their control in any bonds or otherobligations issued by a municipality pursuant to this chapter.

 

(b) It is the purpose of this section to authorize any persons,political subdivisions and officers, public or private, to use any funds ownedor controlled by them for the purchase of any such bonds or other obligations.

 

(c) Nothing contained in this section with regard to legalinvestments shall be construed as relieving any person of any duty ofexercising reasonable care in selecting securities.

 

15-9-129. Exemption of property from execution; exception.

 

Allproperty of a municipality or agency, including funds owned or held by it forthe purposes of this chapter, are exempt from levy and sale by virtue of anyexecution. No execution or other judicial process shall issue against theproperty nor shall judgment against a municipality or agency be a charge orlien upon the property. The provisions of this section do not apply to or limitthe right of obligees to pursue any remedies for the enforcement of any pledgeor lien given pursuant to this chapter by a municipality or agency on itsrents, fees, grants or revenues from urban renewal projects.

 

15-9-130. Exemption of property from taxation; termination thereof.

 

Theproperty of a municipality or agency acquired or held for the purposes of thischapter, is public property used for essential public and governmentalpurposes. The property is exempt from all taxes of the municipality, thecounty, the state or any political subdivision thereof. However, the taxexemption terminates if the municipality or agency sells, leases or otherwisedisposes of the property in any urban renewal area to a purchaser or lesseewhich is not a public body entitled to tax exemption for the property.

 

15-9-131. Powers of municipality, public body in aiding project.

 

 

(a) To aid in the planning, undertaking or carrying out of anurban renewal project and related activities authorized by this chapter locatedwithin the area in which it is authorized to act, any public body ormunicipality, upon terms and with or without consideration as it determines,may:

 

(i) Dedicate, sell, convey or lease any of its interest in anyproperty or grant easements, licenses or other rights or privileges therein toa municipality;

 

(ii) Incur the entire expense of any public improvements itmakes in exercising the powers granted in this section;

 

(iii) Do any and all things necessary to aid or cooperate in theplanning or carrying out of an urban renewal plan;

 

(iv) Lend, grant or contribute funds to a municipality;

 

(v) Enter into agreements (which may extend over any period,notwithstanding any provision or rule of law to the contrary) with the federalgovernment, a municipality or any other public body respecting action to betaken pursuant to any of the powers granted by this chapter, including thefurnishing of funds or other assistance in connection with an urban renewalproject and related activities;

 

(vi) Borrow money and apply for and accept any form of financialassistance from any source;

 

(vii) Furnish any public buildings and public facilities or anyother works which it is otherwise empowered to undertake;

 

(viii) Furnish, dedicate, close, vacate, pave, install, grade,regrade, plan or replan streets, roads, sidewalks, ways or other places;

 

(ix) Plan or replan, zone or rezone any part of the public bodyor make exceptions from building regulations; and

 

(x) Cause administrative and other services to be furnished tothe municipality.

 

(b) If at any time title to or possession of any urban renewalproject is held by any public body or governmental agency, other than themunicipality which is authorized by law to engage in the undertaking, carryingout or administration of urban renewal projects and related activities(including any agency or instrumentality of the United States of America), theprovisions of the agreements referred to in this section inure to the benefitof and may be enforced by the public body or governmental agency.

 

(c) Any sale, conveyance, lease or agreement pursuant to thissection may be made by a public body without appraisal, public notice,advertisement or public bidding.

 

(d) As used in this section, "municipality" includesan urban renewal agency vested with all of the urban renewal project powerspursuant to W.S. 15-9-133.

 

15-9-132. Instruments presumed properly executed.

 

Anyinstrument executed by a municipality and purporting to convey the right, titleor interest in any property under this chapter is conclusively presumed to havebeen executed in compliance with the provisions hereof insofar as title orother interest of any bona fide purchasers, lessees or transferees of theproperty is concerned.

 

15-9-133. Exercise of powers; delegation and scope thereof;exceptions.

 

(a) A municipality may itself exercise its urban renewal powersas specified in this chapter.

 

(b) As used in this section, "urban renewal powers,"when applied to their exercise by the urban renewal agency, include the rights,powers, functions and duties of a municipality set forth in this chapter,except the following:

 

(i) The determination of an area to be a slum or blighted areaor combination thereof and the designation of an area as appropriate for anurban renewal project;

 

(ii) Approval of urban renewal plans and modifications thereof;

 

(iii) General neighborhood renewal plans and communitywide plansor programs for urban renewal;

 

(iv) Establishment of a general plan for the locality as awhole;

 

(v) The power to formulate a workable program under W.S.15-9-105.

 

(c) A municipality shall not delegate to an urban renewalagency or a board or commission, the power to acquire by condemnation realproperty within the boundaries of an urban renewal area.

 

15-9-134. Agency; creation; board of commissioners; appointment;compensation; actions and procedure; removal.

 

 

(a) There is created in each municipality a public bodycorporate and politic to be known as the "urban renewal agency" ofthe municipality. The urban renewal agency shall not exercise its powers underthis chapter until or unless the local governing body has made the findingprescribed in W.S. 15-9-106 and has elected to have urban renewal powersexercised by an urban renewal agency as provided in W.S. 15-9-133.

 

(b) The mayor, by and with the consent and advice of the localgoverning body, shall appoint a board of five (5) commissioners of the urbanrenewal agency selected on the basis of their interest in and knowledge ofcommunity planning, urban renewal and business management. Any person may beappointed as commissioner if he resides within the area of operation of theagency (which shall have the same bounds or limits as the area of operation ofthe municipality) and is otherwise eligible for appointment under thischapter. The original appointment of commissioners shall be as follows: one(1) for a term of one (1) year; one (1) for a term of two (2) years; one (1)for a term of three (3) years; one (1) for a term of four (4) years; and one(1) for a term of five (5) years. Thereafter each appointment shall be for aterm of five (5) years.

 

(c) Each commissioner shall hold office until his successor isappointed and qualified. A certificate of the appointment or reappointment ofany commissioner shall be filed with the clerk of the municipality and thecertificate is conclusive evidence of the commissioner's due and properappointment.

 

(d) A commissioner shall receive no compensation for hisservices but is entitled to necessary expenses incurred in the discharge of hisduties. No commissioner or other officer of any urban renewal agency, board orcommission exercising powers pursuant to this chapter shall hold any otherpublic municipal office for which compensation is received.

 

(e) The powers of an urban renewal agency shall be exercised bythe commissioners thereof. A majority of the commissioners constitute a quorumfor all purposes. Action may be taken by the agency upon a vote of a majorityof the commissioners present, unless in any case the bylaws require a largernumber. Annually, at the first meeting, the board of commissioners shall electits officers. Each officer shall hold office for a term of one (1) year anduntil his successor is elected and qualified.

 

(f) A commissioner may be removed from office for inefficiency,neglect of duty or misconduct in office only after:

 

(i) A hearing;

 

(ii) He has been given a copy of the charges at least ten (10)days prior to the hearing; and

 

(iii) He has had an opportunity to be heard in person or bycounsel.

 

15-9-135. Agency; staff.

 

Anagency may employ an executive director, technical experts and any other agentsand employees it requires and determine their qualifications, duties andcompensation. An agency may also employ or retain its own counsel and legalstaff.

 

15-9-136. Agency; annual reports.

 

Anagency authorized to transact business and exercise powers under this chaptershall file with the local governing body on or before May 31 of each year areport of its activities for the preceding calendar year. The report shallinclude a complete financial statement setting forth its assets, liabilities,income and operating expenses as of the end of that calendar year. At the timeof filing the report, the agency shall publish in a newspaper of generalcirculation in the community a notice to the effect that the report has beenfiled with the municipality and is available for inspection during businesshours in the office of the clerk of the municipality and in the office of theagency.

 

15-9-137. Voluntary conflicts of interest prohibited; disclosure ofinvoluntary conflicts; violation.

 

Nopublic official or employee of a municipality, or board or commission thereof,and no commissioner or employee of an urban renewal agency vested by amunicipality with urban renewal project powers under W.S. 15-9-133 shallvoluntarily acquire any personal interest, direct or indirect, in any urbanrenewal project, or in any property included or planned to be included in anyurban renewal project of that municipality or in any contract or proposedcontract in connection with that urban renewal project. If the acquisition isnot voluntary, the interest acquired shall be immediately disclosed in writingto the local governing body, and the disclosure shall be entered upon theminutes thereof. If any official, commissioner or employee presently owns orcontrols, or owned or controlled within the preceding two (2) years, anyinterest, directly or indirectly, in any property which he knows is included orplanned to be included in any urban renewal project, he shall immediatelydisclose this fact in writing to the local governing body. The disclosureshall be entered upon the minutes of the governing body, and no such official,commissioner or employee shall participate in any action by the municipality,or board or commission thereof, or urban renewal agency, affecting theproperty. Any disclosure required to be made by this section to the localgoverning body shall concurrently be made to an urban renewal agency which hasbeen vested with urban renewal project powers by the municipality pursuant tothis chapter. Any violation of the provisions of this section constitutesmisconduct in office.

 

ARTICLE 2 - DOWNTOWN DEVELOPMENT AUTHORITY

 

15-9-201. Declarations.

 

 

(a) The Wyoming legislature declares that the organization ofdowntown development authorities having the purposes and powers provided inthis act will serve a public use; will promote the health, safety, prosperity,security and general welfare of the

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