§ 40-58-16 — Urban renewal agency

1. There is created in each municipality a public body corporate and politic to be known
as the "urban renewal agency" of the municipality; provided, that the agency may not
transact any business or exercise its powers under this chapter until or unless the local
governing body has made the finding prescribed in section 40-58-05 and has elected
to have the urban renewal project powers exercised by an urban renewal agency as
provided in section 40-58-15.
2. If the urban renewal agency is authorized to transact business and exercise powers
under this chapter, the mayor, by and with the advice and consent of the local
governing body, shall appoint a board of commissioners of the urban renewal agency
which must consist of five commissioners. The term of office of each commissioner is
one year.
3. A commissioner may not receive compensation for services but is entitled to the
necessary expenses, including traveling expenses, incurred in the discharge of the
commissioner's duties. Each commissioner shall hold office until a successor has been
appointed and has qualified. A certificate of the appointment or reappointment of any
commissioner must be filed with the clerk of the municipality and the certificate is
conclusive evidence of the due and proper appointment of the commissioner.
4. The powers of an urban renewal agency must be exercised by the commissioners of
the agency. A majority of the commissioners constitutes a quorum for the purpose of
conducting business and exercising the powers of the agency and for all other
purposes. Action may be taken by the agency upon a vote of a majority of the
commissioners present, unless in any case the bylaws require a larger number.
Approval of the payment of an account or claim must be recorded in the record of the
agency's proceedings and this is sufficient to indicate approval without requiring a
majority of the commissioners to sign or initial the voucher or order for payment.
5. Any persons may be appointed as commissioners if they reside within the area of
operation of the agency which shall be coterminous with the area of operation of the
municipality and are otherwise eligible for appointments under this chapter. The mayor
shall designate a chairman and vice chairman from among the commissioners. An
agency may employ an executive director, technical experts, and such other agents
and employees, permanent and temporary, as it may require, and determine their
qualifications, duties, and compensation. For legal services it may require, an agency
may employ or retain its own counsel and legal staff. An agency authorized to transact
business and exercise powers under this chapter shall file, with the local governing
body, on or before March thirty-first of each year a report of its activities for the
preceding calendar year, which report must include a complete financial statement
setting forth its assets, liabilities, income, and operating expense as of the end of the
calendar year. At the time of filing the report, the agency shall publish in a newspaper

of general circulation in the community a notice to the effect that the report has been
filed with the municipality and that the report is available for inspection during business
hours in the office of the auditor and in the office of the agency.
6. For inefficiency or neglect of duty or misconduct in office, a commissioner may be
removed only after a hearing and after the commissioner has been given a copy of the
charges at least ten days prior to the hearing and has had an opportunity to be heard
in person or by counsel.