§ 36-4. Creation of redevelopment and housing authorities.
In each locality there is hereby created a political subdivision of theCommonwealth, with such public and corporate powers as are set forth in thischapter, to be known respectively as the ".................................. (insert name of locality) Redevelopment and Housing 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 asprovided in § 36-4.1, have indicated a need for an authority to function insuch locality. The referendum to determine whether or not there is a need foran authority to function (i) may be called by the governing body byresolution or (ii) shall be called by the governing body upon the filing of apetition signed by at least two percent of the qualified voters registered inthe jurisdiction, asserting that there is need for an authority to functionin such locality and requesting the governing body to call such referendum.
The governing body may by resolution call for a referendum to determinewhether there is need for an authority in the locality if the governing bodybelieves it is appropriate for one of the reasons set out in § 36-2. In thecase of a town located within the county, the town council shall first obtainthe concurrence of the governing body of the county and the countyredevelopment and housing authority prior to scheduling a referendum.
In any suit, action or proceeding involving the validity or enforcement of orrelating to any contract of the authority, the authority shall beconclusively deemed to have become established and authorized to transactbusiness and exercise its powers hereunder if the voters of the locality haveso indicated in a referendum held pursuant to § 36-4.1, that there is needfor the authority.
(1938, p. 448; Michie Code 1942, § 3145(4); 1946, p. 276; 1947, p. 138; 1952,c. 427; 1958, c. 533; 2006, c. 784; 2009, c. 78.)
§ 36-4. Creation of redevelopment and housing authorities.
In each locality there is hereby created a political subdivision of theCommonwealth, with such public and corporate powers as are set forth in thischapter, to be known respectively as the ".................................. (insert name of locality) Redevelopment and Housing 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 asprovided in § 36-4.1, have indicated a need for an authority to function insuch locality. The referendum to determine whether or not there is a need foran authority to function (i) may be called by the governing body byresolution or (ii) shall be called by the governing body upon the filing of apetition signed by at least two percent of the qualified voters registered inthe jurisdiction, asserting that there is need for an authority to functionin such locality and requesting the governing body to call such referendum.
The governing body may by resolution call for a referendum to determinewhether there is need for an authority in the locality if the governing bodybelieves it is appropriate for one of the reasons set out in § 36-2. In thecase of a town located within the county, the town council shall first obtainthe concurrence of the governing body of the county and the countyredevelopment and housing authority prior to scheduling a referendum.
In any suit, action or proceeding involving the validity or enforcement of orrelating to any contract of the authority, the authority shall beconclusively deemed to have become established and authorized to transactbusiness and exercise its powers hereunder if the voters of the locality haveso indicated in a referendum held pursuant to § 36-4.1, that there is needfor the authority.
(1938, p. 448; Michie Code 1942, § 3145(4); 1946, p. 276; 1947, p. 138; 1952,c. 427; 1958, c. 533; 2006, c. 784; 2009, c. 78.)
§ 36-4. Creation of redevelopment and housing authorities.
In each locality there is hereby created a political subdivision of theCommonwealth, with such public and corporate powers as are set forth in thischapter, to be known respectively as the ".................................. (insert name of locality) Redevelopment and Housing 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 asprovided in § 36-4.1, have indicated a need for an authority to function insuch locality. The referendum to determine whether or not there is a need foran authority to function (i) may be called by the governing body byresolution or (ii) shall be called by the governing body upon the filing of apetition signed by at least two percent of the qualified voters registered inthe jurisdiction, asserting that there is need for an authority to functionin such locality and requesting the governing body to call such referendum.
The governing body may by resolution call for a referendum to determinewhether there is need for an authority in the locality if the governing bodybelieves it is appropriate for one of the reasons set out in § 36-2. In thecase of a town located within the county, the town council shall first obtainthe concurrence of the governing body of the county and the countyredevelopment and housing authority prior to scheduling a referendum.
In any suit, action or proceeding involving the validity or enforcement of orrelating to any contract of the authority, the authority shall beconclusively deemed to have become established and authorized to transactbusiness and exercise its powers hereunder if the voters of the locality haveso indicated in a referendum held pursuant to § 36-4.1, that there is needfor the authority.
(1938, p. 448; Michie Code 1942, § 3145(4); 1946, p. 276; 1947, p. 138; 1952,c. 427; 1958, c. 533; 2006, c. 784; 2009, c. 78.)
