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" (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.
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.