CHAPTER 427

An Act to amend and reenact § 36-4 of the Code of Virginia, relating to
the creation of redevelopment and housing authorities, and to amend
the Code of Virginia by adding sections numbered 36-4.1 and
36-19.2, relating, respectively, to elections to determine the need for
such authorities and limitations on the powers thereof. S 281

[S 331]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 36-4 of the Code of Virginia be amended and reenacted and
that the Code of Virginia be amended by adding sections numbered 36-4.1
and 36-19.2, as follows:

§ 36-4. In each city and in each county 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
6 seceecececsccecscscececeseaceseeseusscs (insert name of city or county) Redevelopment
and Housing Authority” (hereinafter referred to as “authority” or
“housing authority’); provided, however, that any authority not now
activated shall not transact any business or exercise its powers hereunder
until or unless the * qualified voters of such city or county as the case may
be shall by a majority vote of such qualified voters voting in an elec-
tion held as provided in § 36-4.1, have indicated a need for an authority
to function in such city or county. The * election to determine whether or
not there is such need for an authority to function (a) may be * called
by the governing body * by resolution or (b) * shall be called by the
governing body upon the filing of a petition signed by one hundred free-
holders of the city or county, as the case may be, asserting that there is
need for an authority to function in such city or county and requesting
* the governing body * to call such election.

The governing body may * by resolution * call for an election to de-
termine whether there is need for an authority in the city or county, as
the case may be, if it * believes (a) that insanitary or unsafe inhabited
dwelling accommodations exist in such city or county or (b) that there is
a shortage of safe or sanitary dwelling accommodations in such city or
county available to persons of low income at rentals they can afford. In
determining whether dwelling accommodations are unsafe or insanitary
the governing body may take into consideration the degree of overcrowd-
ing, the percentage of land coverage, the light, air, space and access avail-
able to the inhabitants of such dwelling accommodations, the size and ar-
rangement of the rooms, the sanitary facilities, and the extent to which
conditions exist in such buildings which endanger life or property by fire
or other causes.

In any suit, action or proceeding involving the validity or enforce-
ment 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 qualtfied voters
of the county or city have indicated in an election held pursuant to § 36-4.1,
that there is need for the authority.

§ 36-4.1. (1) If an election is called for under the preceding section,
either by resolution of the governing body or upon the petition of one
hundred freeholders as therein provided, the election shall be held not less
than sixty nor more than ninety days after it is called by the governing
body of the county. The question on the ballot in such election shall be:

Is there a need for the housing authority to be activated in the county
COT CibY) Of ...cccccscccccccccssssscccccscssccccccsscssccccensssssecceaceess ?

[] For

[] Against

The ballots shall be printed, the returns canvassed, and the results
certified as provided in § 24-141.

(8) If a majority of the qualified voters in such election shall in-
dicate that there is a need for such authority, then the same shall be
empowered to transact business and exercise the powers conferred by this
chapter.

§ 36-19.2. Notwithstanding the provisions of § 36-19, no authority
heretofore or hereafter permitted to transact business and exercise powers
as provided in § 36-4 shall make any contract for the construction of any
additional housing not authorized or approved by the governing body on
the date this section becomes effective, or acquire land for, or purchase
material for the construction or installation of any sewerage, streets, side-
walks, lights, power, water or any other facilities for any additional hous-
ing not authorized or approved on such date, unless and until such addi-
tional housing shall have been authorized or approved by the governing
body of the county or city in which the authority is authorized to transact
business and exercise powers; provided, that this section shall not affect
or impair the provisions of § 36-19.1 of the Code of Virginia.

2. An emergency exists and this act is in force from its passage.