36-1471. Definitions

In this article, unless the context otherwise requires:

1. " Area of operation" means the area within the territorial boundaries of the municipality.

2. " Blighted area" means an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following:

(a) A dominance of defective or inadequate street layout.

(b) Faulty lot layout in relation to size, adequacy, accessibility or usefulness.

(c) Unsanitary or unsafe conditions.

(d) Deterioration of site or other improvements.

(e) Diversity of ownership.

(f) Tax or special assessment delinquency exceeding the fair value of the land.

(g) Defective or unusual conditions of title.

(h) Improper or obsolete subdivision platting.

(i) The existence of conditions that endanger life or property by fire and other causes.

3. " Bonds" means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations.

4. " Clerk" means the clerk or other official of the municipality who is the custodian of the official records of the municipality.

5. " Commission" or " slum clearance and redevelopment commission" means an agency of a municipality created pursuant to section 36-1476.

6. " Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.

7. " Local governing body" means the council or other legislative body charged with governing the municipality.

8. " Mayor" means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality.

9. " Municipality" means any incorporated city or town in the state.

10. " Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with a redevelopment project, or any assignee or assignees of a lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality.

11. " Person" means any individual, firm, partnership, corporation, company association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

12. " Public body" means the state or any municipality, county, village, board, commission, authority, district or any other subdivision or public body of the state.

13. " Real property" includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by the liens.

14. " Redeveloper" means any person, partnership or public or private corporation or agency which enters or proposes to enter into a redevelopment contract.

15. " Redevelopment contract" means a contract entered into between a municipality and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan.

16. " Redevelopment plan" means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

17. " Redevelopment project" :

(a) Means any work or undertaking:

(i) To acquire slum or blighted areas or portions of these areas and lands, structures or improvements, the acquisition of which is necessary or incidental to the proper clearance or redevelopment of these areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight in the area.

(ii) To clear any areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan.

(iii) To sell, lease or otherwise make available land in areas for residential, recreational, commercial, industrial or other use or for public use or to retain land for public use, in accordance with a redevelopment plan.

(b) Includes the preparation of a redevelopment plan, the planning, surveying and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.

18. " Slum area" means an area in which both of the following are true:

(a) There is a predominance of buildings or improvements, whether residential or nonresidential.

(b) The public health, safety or welfare is threatened because of any of the following:

(i) Dilapidated, deteriorated, aging or obsolescent buildings or improvements.

(ii) The inadequate provision for ventilation, light, air, sanitation or open spaces.

(iii) Overcrowding.

(iv) The existence of conditions that endanger life or property by fire and other causes.