ࡱ> rqD( () 4 phttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4209.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4209.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4251.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4251.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4254.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4254.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4255.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4255.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4281.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4281.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4255.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4255.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4257.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4257.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4258.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4258.htm phttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4254.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4254.htm phttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4263.htmphttp://data.opi.state.mt.us/bills/mca/7/15/7-15-4263.htm/ 0DArialNew Romantt` x: 0DWingdingsRomantt` x: 0 DTimes New Romantt` x: 0@ .  @n?" dd@  @@`` 1z        0AA@8wʚ;ʚ;g4GdGd`o x: 0ppp@ <4dddd@ 0t_  <4!d!d@ 0t80___PPT10 ?~-March 2006 N"Tools Avialable" Workshop - Poplar, MTO =3!Montana Urban Renewal Law Part II@Montana Code Annotated Title 7-Chapter 15-excerpts from Part 42AZA OPowers which may be exercised by urban renewal agency or authorized department i(1) In the event the local governing body makes such determination, such body may authorize the urban renewal agency or department or other officers of the municipality to exercise any of the following urban renewal project powers: (a) to formulate and coordinate a workable program as specified in 7-15-4209; (b) to prepare urban renewal plans;  jPhX 06?VPowers which may be exercised by urban renewal agency or authorized department (cont.)|(c) to prepare recommended modifications to an urban renewal project plan; (d) to undertake and carry out urban renewal projects as required by the local governing body; (e) to make and execute contracts as specified in 7-15-4251, 7-15-4254, 7-15-4255, and 7-15-4281, with the exception of contracts for the purchase or sale of real or personal property; *}PxX 0X 0X 0 X 0VPowers which may be exercised by urban renewal agency or authorized department (cont.)H (f) to disseminate blight clearance and urban renewal information; (g) to exercise the powers prescribed by 7-15-4255, except the power to agree to conditions for federal financial assistance and imposed pursuant to federal law relating to salaries and wages shall be reserved to the local governing body; *IPFX 0vVPowers which may be exercised by urban renewal agency or authorized department (cont.)  (h) to enter any building or property in any urban renewal area in order to make surveys and appraisals in the manner specified in 7-15-4257; (i) to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area; 6 PP X 0 VPowers which may be exercised by urban renewal agency or authorized department (cont.)# (j) to insure real or personal property as provided in 7-15-4258; (k) to effectuate the plans provided for in 7-15-4254; (l) to prepare plans for the relocation of families displaced from an urban renewal area and to coordinate public and private agencies in such relocation;  $P"X 0:C X 0v VPowers which may be exercised by urban renewal agency or authorized department (cont.); (m) to prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; (n) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects; *<P5 VPowers which may be exercised by urban renewal agency or authorized department (cont.)H (o) to negotiate for the acquisition of land; (p) to study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and to make recommendations with respect thereto; (q) to organize, coordinate, and direct the administration of the provisions of this part and part 43; ,HPPFe  VPowers which may be exercised by urban renewal agency or authorized department (cont.) (r) to perform such duties as the local governing body may direct so as to make the necessary arrangements for the exercise of the powers and performance of the duties and responsibilities entrusted to the local governing body.  VPowers which may be exercised by urban renewal agency or authorized department (cont.)>(2) Any powers granted in this part or part 43 that are not included in subsection (1) as powers of the urban renewal agency or a department or other officers of a municipality in lieu thereof may only be exercised by the local governing body or other officers, boards, and commissions as provided under existing law.??Annual Report ((1) An agency authorized to transact business and exercise powers under this part and part 43 shall file with the local governing body, on or before September 30 of each year, a report of its activities for the preceding fiscal year. (2) The report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of the fiscal year. *PAnnual Report (cont.)(J(3) 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 such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency.KK4Municipal Power in the Preparation of Various Plans 53 D(1) Every municipality shall have power, within the municipality: (a) to make or have made all plans necessary to the carrying out of the purposes of this part and to contract with any person, public or private, in making and carrying out such plans; and (b) to adopt or approve, modify, and amend such plans. EZE;Municipal Power in the Preparation of Various Plans (cont.)(2) Such plans may include, without limitation: (a) a comprehensive plan or parts thereof for the locality as a whole; (b) urban renewal plans; (c) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; Z;Municipal Power in the Preparation of Various Plans (cont.)(d) plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and ;Municipal Power in the Preparation of Various Plans (cont.)(e) appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects. $Exercise of Power of Eminent Domain %# o(1) After the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in the resolution is necessary for an urban renewal project under this part, a municipality may acquire by condemnation, as provided in Title 70, chapter 30, any interest in real property that it considers necessary for urban renewal.  pPn+Exercise of Power of Eminent Domain (cont.)(2) Condemnation for urban renewal of blighted areas is a public use, and property already devoted to any other public use or acquired by the owner or the owner's predecessor in interest by eminent domain may be condemned for the purposes of this part. +Exercise of Power of Eminent Domain (cont.)!(3) The award of compensation for real property taken for an urban renewal project may not be increased by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction or proposed assembly, clearance, or reconstruction in the project area. "" +Exercise of Power of Eminent Domain (cont.)3. Continued& An allowance may not be made for the improvements begun on real property after notice to the owner of the property of the institution of proceedings to condemn the property. Evidence is admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises or the unlawful use of the premises.GZG! Cooperation by Public Bodies +(1) For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body authorized by law or by this part or part 43, upon such terms, with or without consideration, as it may determine, may: ,,"!$Cooperation by Public Bodies (cont.)%% + (a) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality; (b) incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section; ,,#"$Cooperation by Public Bodies (cont.)%%  (c) do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan; (d) lend, grant, or contribute funds to a municipality; $#$Cooperation by Public Bodies (cont.)%% o(e) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this part or part 43, including the furnishing of funds or other assistance in connection with an urban renewal project;  pPl%$$Cooperation by Public Bodies (cont.)%% (f) cause to be furnished public buildings and public facilities, including parks; playgrounds; recreational, community, educational, water, sewer, or drainage facilities; or any other works which it is otherwise empowered to undertake; &%$Cooperation by Public Bodies (cont.)%% d(g) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places; (h) plan or replan or zone or rezone any part of the urban renewal area; and (i) provide such administrative and other services as may be deemed requisite to the efficient exercise of the powers herein granted. eZe>> B'&$Cooperation by Public Bodies (cont.)%% (2) Any sale, conveyance, lease, or agreement provided for in this section shall be made by a public body with appraisal, public notice, advertisement, or public bidding in accordance with provisions of 7-15-4263. 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