Sec. 8-76. - Urban renewal agency.

The city itself shall exercise the powers of slum clearance and redevelopment, and as local public agency for urban renewal, as created in the city by state law.

(Code 1968, § 49-10)

Cross reference— Departments and agencies created by ordinance, § 2-231 et seq.

State law reference— Slum clearance 31 Del. C. § 4501 et seq.

Sec. 8-77. - Urban renewal and community development activities.

Preparation and modification of urban renewal plans and community development plans and programs shall be the responsibility of the planning department. Acquisition and disposition of real property, rehabilitation of structures and relocation of site occupants shall be the responsibility of the real estate and housing department. Construction of any parks, playgrounds and recreation facilities shall be the responsibility of the department of parks and recreation. Any construction, reconstruction, improvement or rehabilitation of streets, sewers, water systems and similar facilities shall be the responsibility of the department of public works. Demolition and code enforcement shall be the responsibility of the department of licenses and inspections.

(Code 1968, § 49-11)

Sec. 8-78. - Delegation of executive power.

The mayor may delegate to the director of real estate and housing the power to conduct investigations, take testimony and proof under oath, make findings and take such actions and exercise such other powers enumerated in 31 Del. C. § 4516 as may be necessary to the execution of an approved urban renewal plan or community development programs and are not specifically reserved under the city charter or this Code to other officers of the city, or for which specific approval by city council is not required under the city charter, state law or applicable federal law or regulations. The mayor shall also delegate to the director of real estate and housing such other powers as may appear necessary to assure timely fulfillment of review and compliance responsibilities assumed by the city as a condition for use of federal community development block grant funds for activities other than planning and design.

(Code 1968, § 49-12)

Sec. 8-79. - Funding.

All costs of urban renewal activity shall be funded by each department of the city from funds provided for such projects in the capital program and budget, or from loans and grants for the projects made by the city, the United States, or other public or private entities.

(Code 1968, § 49-13)

Sec. 8-80. - Redeveloper assistance.

(a)

Redevelopment of city-owned properties conveyed to redeveloper; equity interest. The department of real estate and housing is hereby authorized to accept an equity share or equity position equivalent to the fair market value of any city-owned property that is conveyed to the designated redeveloper in the Christina Gateway urban renewal area or in the Center City urban renewal area; provided, however, said designated redeveloper, and/or its affiliates, commonly controlled entities and/or members/stockholders/partners/principals (individually and collectively, the "redeveloper"):

(1)

Must not within one year prior to the conveyance of such city-owned property have had a receiver, liquidator or trustee appointed by court order or a petition to liquidate or reorganize filed by the redeveloper or against the redeveloper under any bankruptcy, reorganization or insolvency law; or

(2)

Shall not within one year have been in default under any federal, state or municipal sponsored financing, including, without limitation, any industrial development bond or UDAG loan.

Said equity interest may be in either the redevelopment corporation itself or in another entity concerned with and involved in the redevelopment, marketing, operation, rental or sale of any such property after its redevelopment. In determining such fair market value, any of the accepted methods of appraisal of real estate may be used in determining that fair market value.

(b)

Legislative findings. The city council hereby determines as a legislative finding that the city's assumption of and sharing in the entrepreneurial risks of redevelopment of real property located in the Christina Gateway urban renewal area and in the Center City urban renewal area are appropriate and necessary to the effective redevelopment of such properties as a fulfillment of the slum clearance and redevelopment authority of the city. The said undertaking is deemed to be for and in furtherance of the public purposes of the city as a local authority and is deemed to be consistent with the provisions of 31 Del.C. Ch. 45

(c)

Capital budget funds. Funds from the city's capital program and capital budget may be used for street and sidewalk improvements in conjunction with a city-designated redeveloper's improvements. Such funds may be used directly or be provided to the designated redeveloper in a revolving loan program fund.

(d)

Permit and license fee exemptions. In addition to the property tax abatement provisions of the applicable tax exemption sections of chapter 44 of this Code, there is hereby authorized for city-designated non-profit and not-for-profit redevelopers, or their duly authorized agents, an exemption from building fees, including the certificate of occupancy, city fire marshal review and inspection of building plan fees, and department of public works street and sidewalk closure fees in order to provide additional financial incentives for city-designated redevelopers promptly and effectively to complete the redevelopment of properties in the aforesaid urban renewal project areas.

(Ord. No. 99-088(sub 1), § 1, 10-21-99)

Sec. 8-81. - Capital program improvement programs for housing and for building facades.

(a)

Authorization. The department of public works and the finance department, in consultation with the department of real estate and housing, are hereby authorized to undertake programs using capital budget funds in any fiscal year for purposes of assisting in the rehabilitation of buildings for residential purposes in the central business district, as defined in chapter 1 of this Code, and in residential neighborhoods contiguous thereto. The said departments are further authorized to undertake programs using capital budget funds for building facade improvements within the Center City and Christina Gateway urban renewal areas.

(b)

The housing program. A revolving loan fund shall be established for the purpose of making available loans of capital budget funds in amounts not to exceed $100,000.00 per structure, at the interest rate of one percent per year. Those buildings or structures that are located within the central business district and in residential neighborhoods contiguous thereto, as determined by the aforesaid departments, shall be eligible for the housing rehabilitation program of this section. The purpose of the loans of funds shall be to rehabilitate or renovate buildings, regardless of the previous use, in order to provide from one to four residential units in each structure; said structures may have other non-residential uses as well. The administration and enforcement of this program shall be coordinated by the finance department, the real estate and housing department and the department of licenses and inspections. The said departments may promulgate rules and regulations pursuant to this section, subject to the prior approval of the administrative board.

(c)

Building facade improvement program. There is hereby established a building facade improvement program using capital budget funds in any fiscal year for the purposes herein stated. Said program may provide professional design assistance under a professional services contract with matching grants not to exceed $20,000.00 for cosmetic building facade improvements to be made to privately-owned commercial properties that are located within the Center City urban renewal area and within the Christina Gateway urban renewal area.

(d)

Technical assistance grants. Any project that is proposed and authorized by the aforesaid subsection (b) or (c) may be eligible for technical assistance grants of up to $5,000.00 each. Any grant larger than that amount shall be available only for properties located in blocks designated by resolution of council, approved by a majority of all members of council, following receipt by the council of a written agreement, signed by a majority of property owners in any such subject block, agreeing to a marketing strategy that is consistent with the city's urban renewal plan for the area and with other city regulations and standards that are applicable within the urban renewal area.

(Ord. No. 99-089, § 1, 9-30-99)

Secs. 8-82—8-100. - Reserved.