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2022 SESSION
22101585DBe 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" by an appropriate
name and title to be determined by each locality
(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 indicate 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.