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2021 SESSION
21101937DBe it enacted by the General Assembly of Virginia:
1. That § 36-4 of the Code of Virginia is amended and reenacted as follows:
§ 36-4. Creation of redevelopment and housing authorities.
In each locality there is hereby created a political
subdivision of the Commonwealth, with such public and corporate powers as are
set forth in this chapter, to be known respectively
as the "__________ (insert name of locality) Redevelopment and Housing
Authority" under an
appropriate name and title, containing the word "authority"
(hereinafter referred to as "authority"); provided, however, that any
authority not now activated shall not transact any business or exercise any
powers authorized under this chapter until or unless the qualified voters of
such locality shall by a majority vote of such qualified voters voting in a referendum
held as provided in § 36-4.1, have indicated a need for an authority to
function in such locality. The referendum to determine whether or not there is
a need for an authority to function (i) may be called by the governing body by
resolution or (ii) shall be called by the governing body upon the filing of a
petition signed by at least two percent of the qualified voters registered in
the jurisdiction, asserting that there is need for an authority to function in
such locality and requesting the governing body to call such referendum.
The governing body may by resolution call for a referendum to determine whether there is need for an authority in the locality if the governing body believes it is appropriate for one of the reasons set out in § 36-2. In the case of a town located within the county, the town council shall first obtain the concurrence of the governing body of the county and the county redevelopment and housing authority prior to scheduling a referendum.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder if the voters of the locality have so indicated in a referendum held pursuant to § 36-4.1, that there is need for the authority.