Chap. 147.—An ACT to provide for the organization and government of in-
corporated communities which shall become cities of the second class under
the provisions of section 1013b of the Code of Virginia.

Approved March 10, 1906.

1. Be it enacted by the general assembly of Virginia, That whenever
an incorporated community (hereinafter referred to as a town), shall
hecome a city of the second class under the provisions of section one
thousand and thirteen b of the Code of Virginia, its charter, if it has
one, shall remain in full force and effect, except as hereinafter otherwise
provided, and its ordinances shall be the ordinances of the city, in so far
as they are applicable, until they are repealed by the authorities of the
city, and the officers of the town shall be and continue the officers of the
city until their successors are elected or appointed and qualified, except as
hereinafter provided, and shall discharge all the duties and be subject to
all the penalties imposed by the said charter and ordinances and by the
general law, such city shall become and be liable for the obligations or
other liabilities of said town, both in law and in equity, arising out of
any plans of annexation therefore consummated between the town and
any other territory, and said city shall faithfully observe, keep and per-
nim every such liability, and the title to all the property of said town
nd its rights and privileges under any contract, including all moneys
‘longing to said town, and all its books, records, papers and other things
‘value shall vest in and become the property of the said city.

2. The mayor of the town shall be and continue the mayor of the
tv, shall discharge all the duties, be vested with all the authority and
lbject to all the penalties imposed on him by the charter or by the
neral law.

A vacancy oceurring in the office of mayor shall be filled in the manner
rescribed by the charter, and if there be no provision in the charter for
ling such vacancy, then such vacancy shall be filled in the manner pre-
tibed by the general law.

3. The council of the town shall be and continue the common council
‘the city and discharge all the duties and exercise all the authority im-
osed on it by the charter and by the general law. If the circuit court,
r the judge thereof in vacation, in his order shall prescribe a greater
umber to compose the common council, than the number composing the
nuneil of the town, then the council shall, within thirty days after the
ate of the order of said circuit court or judge, proceed to elect the addi-
onal members of the common council necessary to fill out the number
rescribed in such order, in the manner prescribed for filling vacancies
v section one thousand and fifteen e of the Code. All other vacancies
ccurring in the common council shall be filled in the same manner.

4. The treasurer of the town, if there be one, shall be and continue
he city treasurer. If there be no treasurer of said town, then the
acancy shall be filled by the appointment by the circuit court of the
itv, as hereinafter constituted, or by the judge thereof in vacation.

The city treasurer, whether he be such by reason of having held the
ffice of town treasurer, or by appointment, shall not discharge any duties
s city treasurer until he has given bond in a penalty to be fixed by the
ommon council of the city and conditioned according to law to secure
he faithful discharge of his duties in connection with the collection and
ishursement of the city’s revenues and also the bond required by section
ight hundred and fifteen of the Code with reference to the collection and
isbursement of the State revenues. The officer so appointed shall
nalify before the court or judge appointing him. .

5. The commissioner of the revenue of the town, if there be one, shall
~ and continue the commissioner of the revenue of the city, and dis-
harge all the duties imposed on him by the charter or by the general law.

If there be no commissioner of the revenue of the town, then the circuit
ourt of the city as hereinafter constituted, or the judge thereof in vaca-
ion, shall, within thirty days after the town is declared to be a city, fill
he vacancy by appointment. The officer so appointed shall forthwith
walify before the court or judge appointing him.

6. The sergeant of the town, if there be one, shall be and continue the
ergeant of the city, and discharge all duties imposed on him by the
harter or the general law.
All of the above mentioned officers and the Commonwealth’s attorney,
whose appointment is hereinafter provided for, shall serve until their
successors are elected and qualify.

v. At the next general election of city officers to be held on the second
Tuesday in June after the city is declared to be such, a mayor and com-
mon council shall be elected for the city, whose term of office shal] begin
on the first day of September succeeding their election, and shall con-
tinue; that of the mayor for four years; that of one-half of the council
for two years, and the other half of the council for four years.

8. At the next general election of State officers after the city is de-
clared to be such, to be held on the Tuesday after the first Monday in
November, when similar officers are elected for other cities, there shall
be elected in said city a city treasurer, commissioner of the revenue (if
elective by general law), city sergeant, Commonwealth’s attorney. clerk
of the circuit court, one justice of the peace for each ward (to be elected
by the voters of their respective wards), and other officers elective Iw the
qualified voters, whose election is not otherwise provided by law. whose
term of office shall begin on the first day of January next succeeding their
election, and continue for four vears, exeept that the term of the clerk
of the circuit court shall end when the terms of other clerks of circuit
courts end: provided, however, that the commissioner of the revenue shall
be elected or appointed as the general Jaw may direct.

9. All other officers of the town shall be and continue officers of the
city until the expiration of the term for which they were chosen, or until
they are removed or their offices are abolished by the common council.
The common council may remove any of said other officers or abolish
any of the offices they hold. Jt may prescribe the duties of all officers
and also fix their compensation, if the same is not otherwise fixed by law.

10. When the, town is declared to be a city, it shall become a part of
the judicial circuit in which it is located, and the judge of the said cireuit
shall be and become the judge of the circuit court of the city, which court
and the judge thereof shall have within and concerning such city the
jurisdiction conferred by Jaw on corporation or hustings courts of cities
and the judges thereof, and the jurisdiction conferred by law on circuit
courts of cities and the judges thereof. The judge of the said court at
the time he makes the order whereby the city is declared to be such, or
within ten days thereafter, shall fix a time and place not later than forty
days after the date of such order, when he will hold a term of circuit court
within the said city, and notify the sergeant or mayor of the city, who
shall give notice of the time and place of holding the said term of court
by posting written or printed notices thereof at one or more public places
in the city.

The said judge shall within said period of forty days appoint a clerk of
the circuit court of the city and a Commonwealth's attorney. who shal)
qualify before the said judge in vacation, within twenty davs after they
are appointed. sO ,

11. At or before the first term of the circuit court of the city to be
held as above provided. the said court, or the judge thereof, shall appoint
for said city an electoral board of three members, the term of one of
whom shall expire on the first day of March next succeeding, the
another to expire one year later, and the term of the third to ex
years later than the term of the first mentioned. He shall at t
time appoint one justice of the peace for each ward, and, if neces
shall appoint one city treasurer, one commissioner of the revenue
city sergeant. The terms of all officers appointed by the circui
or judge thereof, shall expire when their successors are electec
pointed and qualify.

At or after such first term of the circuit court the said judge
the time for and hold not less than four terms of said court in
the city each year, until the terms of said court are regulated by |

12. The common council shall promptly provide a suitable p
proper facilities for holding the said circuit court, and an office, ft
books, stationery, and all necessary equipment for the clerk of sa:
and a jail, and if it shall fail to do so, then the judge of the co
provide the same at the cost of the city.

13. The common council of the city at its first meeting, or
thereafter as is practicable, shall examine and adopt or amend, a
to the requirements of law, the division of the city into wards, wl
made by the order of the circuit court of the county in which t
was located, under the provisions of section one thousand and th
of the Code, if such division was so made by said judge, and, ;
made, shall proceed to make such division. They shall establish
precinct in each ward.

At the first meeting of the common council after the electi
council, it shall proceed to divide the members into two classes,
number as near as may be, and proceed to comply with the p
of section one thousand and fifteen a of the Code.

14. When the commissioner of the revenue of the city shall mal
cation to the commissioner of the revenue of the county or of thi
thereof, in which the city is located, the said commissioner of the
of the county shall furnish from his books a transcript of the as
of all real estate and personal property, and all poll taxes assesse<
persons located within the limits of said city, for which tran:
shall receive the compensation provided hy law. to be paid by
and on his books he shall note that all such assessments have he
ferred to said city books.

15. The treasurer of the county in which said city is loca
furnish to the treasurer of the city a certified list of all capitat
paid by residents of the territory included within said city for
then current and for the preceding three years.

16. All State, county and district levies on property within the
occupied by the city that accrued before the city became such shal
able to and collected hy the county treasurer, and the procee
county and district levies on property within said city shall be
the county treasurer subject to the rights of the city to be adjust
manner hereinafter provided.

li. Whenever a town hecomes a city, as herein provided, the |
assume and provide for the reimbursement of the county of su
portion of any debt of said county existing at the date the town becomes
a city, and also for compensation to any school district of which the said
town was a part, for any debt existing on said district at such date.

The common council of the city and the board of supervisors in the
one case, and the said council and the district school trustee in the other
case, shall make an equitable adjustment of such compensation, and the
same shall be provided for, as these bodies shal] determine and agree upon.
In making such adjustment, the parties shall take into consideration the
city’s just proportion of money collected by the county treasurer under the
preceding section, of any unexpended balance in the county treasury, be-
longing to any fund to which the territory embraced in said city has con-
tributed, and shall take into consideration all other equitable claims of
the city, county and district.

In the event of the failure of the parties aforesaid to make such ad-
justment and to agree upon such terms, either party may proceed against
the other by a bill in equity in the circuit court of the county in which the
city lies for a proper adjustment of such matter.

18. On the appointment of the electoral board for the city it shall
appoint a registrar for each voting precinct, and cause said registrars to
transfer from the county registration books to the city registration books
of their proper precinct, the names of all duly registered voters of the
county who are residents of the city, and to open the registration books
of the city for the registration of voters; and each registered voter of the
county or town so transferred shall become a registered voter of the city
and qualified as to residence to vote therein. All persons may register
in said city at the same time they could have registered in the town had
no city government been created.

19. The council for the city whenever in the opinion of two-thirds of
its members, it is to the interest of the city so to do, may borrow money
for the uses and purposes of the city, and to that end said council, by a
recorded vote, showing that two-thirds of the members of the council are
of opinion that it is to the interest of the city so to do, may from time
to time issue and sell bonds of said city, which bonds may be either regis-
tered or coupon, and shall be issued in such denomination and bear such
rate of interest, not exceeding six per centum per annum, as may be de-
termined by the council. Such bonds shall be made payable in gold or
currency, not exceeding thirty years from their date, and may at the
option of the council be made redeemable after such time as the council
may prescribe: the interest shall be payable annually or semi- annually.
as the council may determine; and the council may exempt any or all of
such bonds from city taxes: in which case a clause to that effect shall be
inserted in each bond. No bond so issued shall be sold by the city at
less than par. The treasurer shall endorse on each bond issued and sold
a certificate to the effect that the city has received the amount of said
bond from the holder; and when such certificate is so endorsed upon said
bond, and signed by the treasurer, the title of the purchaser shall in no
case be questioned nor shall the purchaser or any subsequent holder be
required to see to the proper application of the money by the city, and
the validity of such bonds shall never thereafter be questioned.
All bonds issued by virtue of this section shall be signed by the mayor,
4 countersigned by the clerk of the council, and shall have the seal of
e city affixed thereto, and said bonds shall be issued and sold and the
oceeds used under the order of the council. Every bond issued by the
uncil shall state on its face for what purpose it was issued, and the pro-
eds of such bonds shall be applied exclusively to the purpose for which
id bonds were issued: and provided, always, that no bonds shall be
sued or sold for the purpose of subscribing to the stock of any company
corporated for internal improvement. The bonded debt of the city,
cluding the bonded debt of the town or towns from which the city was
vated, shall at no time exceed in the aggregates the limit prescribed by
e Constitution.

20. In addition to the authority given by the general law to cities, a
tv organized under the provisions of this act shall be authorized and
npowered to acquire by purchase or otherwise or to construct, own and
erate its own plant, machinery and equipment for supplying its in-
ibitants, streets, grounds and buildings with water, light, power and
el, and to that end it may acquire any plant existing in or near said
ty, and may acquire lands and franchises outside of the limits of said
ty, and may buy, purchase, acquire easement and rights of way.

21. The city shall have the right to levy and collect all taxes on prop-
ty and all license taxes which cities of the second class are authorized
levy and collect: provided, that such levy on property shall not exceed
r city purposes two dollars on the one hundred dollars of value of such
roperty, which shall include a levy for school purposes not excceding
fty cents on the one hundred dollars of value of such property.

22. Whenever the charter of the town contains provisions for the regu-
tion and control of the licensing of bar-rooms or the regulation of the
fe of intoxicating liquors, such charter provisions, in so far as they pre-
tibe restrictions in addition to those prescribed by the general law shall
‘main in full force until repealed or amended by law. In all other
pects, when the charter is in conflict with the general law applicable
» the government of cities of the second class. the general law shall
revail.