§ 554 — Powers of an agency

§ 554. Powers of an agency. Subject to the provisions of article\nfifteen of this chapter, an agency is authorized to plan and undertake\none or more urban renewal projects and shall have the powers necessary\nor convenient to carry out and effectuate such project or projects and\nthe purposes and provisions of this article and article fifteen of this\nchapter, including but not limited to the following powers: (1) to sue\nand be sued; (2) to have a seal and alter the same at pleasure; (3) to\nhave perpetual succession; (4) to make and execute contracts and all\nother instruments necessary or convenient for the exercise of its powers\nand functions; (5) to make and alter by-laws for its organization and\ninternal management; (6) to acquire or contract to acquire from any\nperson, firm, corporation or government, by subsidy, contribution, gift,\ngrant, bequest, devise, purchase, pursuant to the provisions of the\neminent domain procedure law, or otherwise, real or personal property or\nany interest therein, including but not limited to air rights, and\neasements or other rights of user, necessary for the use and development\nof such air rights, to be developed as air rights sites for the\nelimination of the blighting influences over an area or areas consisting\nprincipally of land in streets, alleys, highways, and other public\nrights of way, railway or subway tracks, bridge or tunnel approaches or\nentrances, or other similar facilities which have a blighting influence\non the surrounding area and over which air rights sites are to be\ndeveloped for the elimination of such blighting influences, provided,\nhowever, that the acquisition of any air rights over railroad tracks,\nrights-of-way or facilities and easements or other rights of user\nnecessary for the use and development of such air rights are to be\nsubject to the provisions of section fifty-one-a of the railroad law;\n(7) to appoint officers, agents and employees, prescribe their duties,\nfix their compensation and delegate to one or more of such officers,\nagents or employees such powers or duties as it may deem proper; (8)\nwith the consent of the municipality to use agents, employees, and\nfacilities of the municipality, paying to the municipality its agreed\nproportion of the compensation or costs; (9) to insure or provide for\nthe insurance of its property or operations as required by law and also\nagainst such other risks as it may deem advisable; (10) to invest any\nmoneys held in reserve or sinking funds or any moneys not required for\nimmediate use or disbursement at the discretion of the agency in\nobligations of the state or the United States government or obligations\nof which the principal and interest are guaranteed by the state or the\nUnited States government; (11) to cooperate with the federal government\nand apply for and accept advances, loans, grants, subsidies,\ncontributions and any other form of financial assistance from the\nfederal government, or from the state, county, municipality or other\npublic body or from any sources public or private, for the purposes of\nthis article and article fifteen of this chapter; and to give such\nsecurity as may be required and to enter into and carry out contracts or\nagreements in connection therewith; provided, however, that any\napplication for a loan, subsidy or grant to the federal government or\nthe state shall be subject to the prior approval of the governing body;\nand to include in any contract for financial assistance with the federal\ngovernment for or with respect to an urban renewal project, or with\nrespect to any other program authorized under the federal housing act of\nnineteen hundred forty-nine, and all other federal laws amendatory and\nsupplemental thereto, such conditions imposed pursuant to federal laws\nas the agency may deem reasonable and appropriate and which are not\ninconsistent with the purposes of this article or article fifteen of\nthis chapter. Such conditions may include but shall not be limited to\n(a) provisions requiring payments of not less than certain minimum\nsalaries and wages to architects, engineers, technicians, laborers,\nmechanics and other personnel; (b) provisions prohibiting rebates and\nkickbacks; and (c) provisions requiring contractors and subcontractors\nto furnish reports and other data to the secretary of labor; (d)\nprovisions requiring payment of actual reasonable moving and related\nexpenses as well as supplemental and additional payments, to\nindividuals, families, business concerns or non-profit organizations due\nto displacement, so that disproportionate injuries are not suffered as a\nresult of such program, as may be required by and pursuant to a federal\nfinancial assistance contract. (12) to apply for and accept the local\ngrants-in-aid required under such federal laws, in the form of\nappropriations, cash, municipal services and facilities, or any other\nform; (13) to borrow money and issue bonds or other obligations; (14) to\nprovide for demolition and clearance of property, improvement of\nproperty, or development and use of air rights and concomitant easements\nor other rights of user necessary for the use and development of such\nair rights and air rights sites, including the remedying of unsuitable\ntopographical, subsoil or other physical conditions which impede\ndevelopment within the urban renewal area, and construction of\nfoundations and platforms as well as other necessary sitework, by the\nagency or by the municipality or by the persons, firm or corporation to\nwhom such property, air rights and easements or air rights site, is sold\nor leased, provided, however, that any such work upon or affecting\nrailroad property, right-of-way or facilities shall be subject to the\napproval of and joint supervision by the railroad company or companies\naffected. No work upon or affecting railroad property, right-of-way or\nfacilities shall be progressed without the approval of the railroad\ncompany or companies, and in connection with all such projects upon or\naffecting railroad property, right-of-way or facilities appropriate\nstandards for safety of operations, ventilation and lighting shall be\nsubject to the approval of the railroad company or companies affected;\n(15) to develop, test and report methods and techniques and carry out\ndemonstration and other activities in relation to or in connection with\none or more programs of urban renewal or other programs relating to the\narrest and prevention of conditions of deterioration or blight. In\ncarrying out such demonstration and other activities an agency may\nitself reconstruct, repair, rehabilitate or otherwise improve such real\nproperty or may sell, lease or otherwise dispose of real property, for\nthe effectuation of such activities or purposes by the purchaser or\nlessee thereof, pursuant to the provisions of section five hundred\nfifty-six of this article; (16) to prepare or cause to be prepared a\ngeneral neighborhood renewal plan for an area consisting of an urban\nrenewal area or areas, together with any adjoining areas having\nspecially related problems, and which is of such size that urban renewal\nactivities may have to be initiated in stages; (17) to prepare or cause\nto be prepared a community-wide plan or program for urban renewal which\nshall conform to the comprehensive community plan for the development of\nthe municipality as a whole; (18) to conduct examinations and\ninvestigations, hear testimony and take proof, under oath at public or\nprivate hearings on any material matters. (19) to convey, assign, grant\nor otherwise transfer all of its right, title and interest in any urban\nrenewal program, or part thereof, or any right, title or interest in or\nto any real or personal property, contract, claim or other interest\nacquired or held by it in connection with such program, or part thereof,\nwith or without consideration, to the municipality, subject to the prior\napproval of the governing body, upon such terms and conditions as may be\nreasonable and appropriate to effectuate such transfer not inconsistent\nwith the purposes of this article or article fifteen of this chapter or\nany contract for financial assistance from the federal government, or\nfrom the state or other public body, for any of the purposes of such\narticles or either of them.\n