North Dakota Code 40-58-15 – Exercise of urban renewal project powers
1. A municipality may itself exercise its urban renewal project powers, as defined by this section, or may, if the governing body by resolution determines the action to be in the public interest, elect to have those powers exercised by the urban renewal agency created by section 40-58-16 or by the housing authority, if one exists or is subsequently established in the community. In the event the governing body makes that determination, the urban renewal agency or the housing authority, as the case may be, is vested with all of the urban renewal project powers in the same manner as though those powers were conferred on the agency or authority instead of the municipality. However, an urban renewal agency or housing authority may not exercise any rights, powers, functions, and duties of a municipality under this chapter which relate to the development of industrial or commercial property under section 40-58-20.1. If the governing body does not elect to make a determination under this subsection, the municipality may exercise its urban renewal project powers through a board or commissioner or through any officers of the municipality as the governing body may by resolution determine.
Terms Used In North Dakota Code 40-58-15
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
2. As used in this section, the term “urban renewal project powers” includes the rights, powers, functions, and duties of a municipality under this chapter, except the following: a. The power to determine an area to be industrial or commercial property or a slum or blighted area or combination thereof and to designate the property or area as appropriate for a development or renewal project; b. The power to approve and amend development or renewal plans and to hold any public hearings required with respect to those plans; c. The power to establish a general plan for the locality as a whole; d. The power to formulate a workable program under section 40-58-04; e. The powers, duties, and functions referred to in section 40-58-18; f. The power to make the determinations and findings provided for in section 40-58-03 and 40-58-05 and subsection 4 of section 40-58-06; g. The power to issue general obligation bonds; and
h. The power to appropriate funds, to levy taxes within the limitations of the capital improvements fund under section 57-15-38 and to levy assessments, and to exercise other powers provided for in subsection 8 of section 40-58-07.