Chap. 94.—An ACT to provide for a change in the form of government of
cities having a population of less than 100,000 and of towns, and to pro-
vide in what manner such cities and towns may adopt such form of
government. ' (8S. B. 201.)

Approved March 13, 1914.

1. Be it enacted by the general assembly of Virginia, That

Sec. 1. Cities and towns affected by the act.—Any city of this
Commonwealth with a population of less than one hundred thou-
sand or any town therein, organized under general law or with
special charter may change its form of government in compliance
with the provisions of this act, by proceeding as hereinafter pro-
vided.

Sec. 2. Provisions for the submission of the question of change
of form of government to the electors—Upon the petition of elec-
tors, equal in number to at least twenty-five per cent. of the num-
ber of persons qualified to vote at the last regular preceding June
election for municipal officers in such city or town, and specifying
the particular form of government permitted under this act, and
which they wish to adopt, including the number of councilmen, and
whether they are to be elected at larve or by wards. and whether
they are to receive compensation for their services or not, presented
to the circuit court having jurisdiction over such city or town, or
to the judge thereof in vacation, asking that an election be held as
herein provided, such ccurt, or judge. shall pass an order, entered
in term time or vacation directing the proper election officers of
such municipality to take such steps and prepare such means as may
be necessary to submit to the qualified voters of such municipality
for determining the question whether such propesed change in the
form of government shall be adopted or not; and the court or judge
shall make such order as may be proper to give due publicity to
such election the same to be held not less than thirty nor more than
ninety days after the entry of the order by the court or judge. If
there be no circuit court in any such city then such petition shall
be presented to the corporation or hustings court or judge thereof
in vacation. Accompanying the petition of said electors there shall
be a certificate from the clerk in whose office there is now required
to be filed a list of qualified voters, which shall show the number
of persons qualified to vote at the last preceding regular June elec-
tion for municipal officers. If the list so filed in the office of such
clerk shall not contain the names of persons who are not required
to pay their poll tax in order to vote, then there shall likewise
accompany such petition a certificafe from the registrars giving
the number of persons who were qualified to vote at said election
and not on the list filed with such clerk.

Such election shall be conducted in the manner prescribed by
law for the conduct of regular elections and by the regular election
officers of such municipality. The election shall be by secret ballot,
and the ballots used shall contain the following: “For proposed
change in form of municipal government;” “Against proposed
change in form of municipal government;” and the drawing of a
line through the words “for” or “against,” or any part thereof, shall
be sufficient to indicate the wishes of the person voting. Returns
of the election shall be certified by the commissioners of election,
or their clerk, to the court, or to the judge thereof in vacation; and
if it shall appear that a majority of the qualified voters authorized
to vote at such election, shall not vote for such proposed change, an
order shall be entered of record accordingly, and no other election
for any change in the form of government of such city or town shall
be held within two (2) years after such election; but if a majority
of the electors, qualified to vote at such election, shall vote in favor
of such proposed change in the form of government, the court or
judge thereof, shall enter an order accordingly, a copy of which
shall be forthwith certified by the clerk of such court to the council
of such city or town for recordation upon its journal. Should there
be more than one (1) petition filed with the court or judge, asking
for the adoption of different provisions of this act, he shall order
an election upon the plan having the greatest number of voters
petitioning for the same.
Any such election may be contested and the proceedings for all
such contests shall conform, as near as may be, to the provisions of
section five hundred and eighty-six-a of the Code.

Sec. 8. The election and terms of officers chosen under this
act.—The election of the mayor and the members of the council of
any town adopting such change in its form of government, shall
be held at the next regular election for mayor and members of the
council of such town; and the mayor and members of the council so
elected shall enter upon their duties upon the first day of September
following their election, and shall serve until their successors shall
have been elected and shall have duly qualified. The terms: of
mayor and members of town council elected hereunder, and their
successors, shall be for a period of two (2) years, and until their
successors shall have been elected and qualified.

The election of the members of the council of any city adopting
such change in its form,of government, shall be held at the next
regular election for mayor and members of the city council for
such city; and the members of the council so chosen shall enter upon
their duties on the first day of September following their election,
and shall serve for a term of four (4) years and until their suc-
cessors shall have been elected and shall have qualified. And the
terms of all hold-over members of the council shall cease and be
determined on said first day of September following said election.
If, however, more than two (2) years shall elapse between such
special elections adopting such change in the form of government
in such city, and the next regular election for mayor and council-
men, then the election of the members of the council herein pro-
vided for shall'be held at the next regular June election for mem-
bers of the council for such city; and the members of the council so
chosen shall be elected for a term of two (2) years commencing
on the first day of September following the election. The terms of
the councilmen who would otherwise hold over, shall cease and be
determined on that date; but the next regular election for council-
men shall be for a full term of four (4) years, and until their suc-
cessors shall have been elected and have qualified. The terms of
the councilmen succeeding those elected hereunder shall be for a
period of four (4) years, and until their successors shall have been
elected and have qualified, the election for the same to be held at
the time and in the manner provided for by general law. If any
vacancy occur in the membership of any council herein provided
for, the remaining members shall fill said vacancy for the unexpired
term. Provided, however, that should either the plan of govern-
ment set out in section six-b and described as “Modified Commission
Plan,” or the plan set out in section six-c and described as “City
Manager Plan,” be adopted, then the first election to be held there-
under shall be at the regular June election for mayor and members
of the council; the officers so chosen shall enter upon their duties on
the first day of September following and shall serve for a term of
four (4) years and until their successors shall have been duly
elected and shall have qualified. And the terms of all the members
of the old council of such cities, whether they be hold-over members
cr not, shall cease and determine on said first day of September
following such election.

Sec. 4. Applying the existing law and ordinances to cities
and towns governed under this act.—All laws governing cities and
towns not inconsistent with this act, and all special charter pro-
visions, not inconsistent herewith, shall remain in force and effect
and apply to and govern cities and towns organized under this act.
All by-laws, ordinances and resolutions, lawfully passed and in
force in any such city or town under its former organization, shall
remain in force until altered or repealed by the council elected under
the provisions of this act. The territorial limitations of such city
or town shall remain the same as under its former organization,
and all rights and property of any description which were vested
in any city or town under its former organization shall vest in the
same under the organization herein contemplated and no right or
liability either in favor or against it, existing at the time, and no
suit or prosecution of any kind shall be affected by such change,
unless otherwise provided for in this act.

Sec. 5. Council of towns; how constituted—Every town shall
be governed by a council composed of the mayor and two council-
men, or the mayor and four councilmen, to be elected at large; the
councilmen to receive compensation or not, and the mayor a salary
or fees as now provided by law, according to the particular plan
adopted. The mayor shall be the presiding officer of said council,
and entitled to a vote on all matters. This shall be known as the
general councilmanic plan for the government of towns.

Sec. 6-a. Councils of cities; how constituted; general council-
manic plan.—In every city, the population of which does not exceed
ten thousand (10,000), there shall be a council composed of three (3)
or five (5) members to be elected at large, and to receive compen-
sation or not, according to the particular plan adopted. (b) In
every city, the population of which exceeds ten thousand (10,000),
and does not exceed twenty thousand (20,000), there shall be a coun-
cil composed of three (3), five (5) or seven (7) members, to be
elected at large or by wards, and to receive compensation or not,
according to the particular plan adopted. (c) In every city, the
population of which exceeds twenty thousand (20,000) and does not
exceed thirty thousand (30,000) there shall be a council composed
of three (8), five (5), seven (7) or nine (9) members, to be elected
at large or by wards, and to receive compensation or not, according
to the particular plan adopted. (d) In every city, the population
of which exceeds thirty ‘thousand (30,000), there shall be a council
composed of three (3), five (5), seven (7), nine (9) or eleven (11)
members, to be elected at large or by wards, and to receive com-
pensation or not, according to the particular plan adopted.
The council of each city shall select from their own number a
oresiding officer, who shall be designated as the president of the
council. If the petition for the adoption of the provisions of this
.ct shall ask that the councilman be adopted by wards, and the
same be adopted, the old council shall forthwith proceed to lay the
sity off into wards, allowing one councilman to each ward, the pop-
ilation of each ward to be the same as near as practicable; pro-
vided, however, that should there be more than five (5) councilmen,
and the ward system of representation be adopted, then the mem-
vers in excess of five shall be elected at large.

Sec. 6-b. Modified commission plan.-—In every city adopting
this plan the legislative, executive and administrative powers of the
city shall be exercised by a council consisting of three (3) or five
(5) members, elected in either case for a term of four (4) years.
With the exception of those officers whose election by popular vote
is required by the Constitution of the State, the members of the
council shall be the only elective officers of the city. The council
shall elect one of its members, who shall be designated as mayor, to
preside over the meetings of the council. He shall have all the
rights and duties of a councilman, but shall have no veto power.
The council shall be elected at large. The council shall divide the
administration of the city into departments, and determine and
prescribe the jurisdiction and duties of each department, and the
powers and duties of the officers and employees therein, and make
such rules and regulations for the conduct of each department as
it may deem desirable for the purpose of securing efficiency and
economy in administration.

Division of administrative duties——The council shall from time
to time designate and assign the particular administrative duties of
cach of its members, and each member of the council shall be desig-
nated for particular service as the head of a department, or depart-
ments, over which he shall have special oversight and direction,
subject to the provisions of this act and the ordinance of the coun-
cil. Such designations and assignments may be changed whenever
desired by the council, and during any temporary disability or
absence of a councilman, the council may designate another member
to act until the disabled or absent councilman shall resume his
duties. :

Appointive officers—The council shall at its first meeting, or as
scon thereafter as practicable, determine what appointive officers
are necessary for the proper and efficient administration of the city,
and shall prescribe the qualifications, powers and duties of such
officers and fix their compensation. The council shall forthwith, or
as soon as desirable, make appointments to fill such offices. All
other employees of the city shall be employed by the council, or
under its authority. Any officer, or employee, whether appointed
by the council, or under its authority, may be removed by the council
at any time, except as especially provided by law; the councilman
designated as the head of a department shall have power of removal
of any officer or employee in such department.

Powers and duties of the mayor.—The mayor shall attend the
meeting of the council and preside thereat; he shall have the same
power as a councilman to vote upon all matters coming before the
council, but shall have no veto power. It shall be the duty of the
mayor to acquaint himself with the conduct of each of the city
departments (in addition to those under his immediate supervision),
and from time to time report to the council thereon, with such
recommendations as he shall deem desirable.

Sec. 6-c. City manager plan.—Under this plan all the legis-
lative powers of the city however conferred or possessed by it, are
hereby vested in a council of three or five members, in cities of ten
thousand inhabitants or under, and of from five to eleven in cities
of above ten thousand inhabitants. Said council to be elected at
large for a term of four years, and shall have the duty of appoint-
ing a city manager, who need not be a resident of the city, or of
the State. The council shall elect one of its members to preside
over its meetings, who shall be ex-officio mayor. He shall have the
same powers and duties as other members of the council with a vote
but no veto; and he shall be the official head of the city. With the
exception of those officers required by the Constitution of the State
to be elected by popular vote, the members of the council shall be
the only elective city officials.

City manager; administrative and executive powers.—The
administrative and executive powers of the city, including the
power of appointment of officers and employees, are vested in an
official to be known as the city manager who shall be appointed by
the council at its first meeting, or as soon thereafter as practicable,
and hold office during the pleasure of the council; he shall receive
such compensation as shall be fixed by the council by ordinance.

General duties of city manager.—(1) The city manager shall
see that within the city the laws, ordinances, resolutions and by-
laws of the council are faithfully executed.

(2) Attend all meetings of the council, and recommend for
adoption such measures as he shall deem expedient.

(3) Make reports to the council from time to time upon the
affairs of the city; keep the council fully advised of the city’s finan-
cial condition, and its future financial needs.

(4) Prepare and submit to the council a tentative budget for
the next fiscal year.

(5) He shall perform such other duties as may be prescribed
by the council not in conflict with the foregoing, and shall be
bonded as the council may deem necessary.

Appointment of city officers and employees.—Such city officers
and employees as the council shall determine are necessary for the
proper administration of the city shall be appointed, and may be
removed by the city manager, except those in the financial, legal
and judicial departments and the clerical and other attendants of
the council; but the city manager shall report each appointment
and removal to the council at the next meeting thereof following
any such appointment or removal.

Sec. 7. The mayor; how elected; term of office—In every city
there shall be a mayor who shall be elected at the time in the manner
and for the same term as now provided by law. This section shall
not apply in the case of cities adopting provisions of section six-b
and six-c of this act; in such cases the provision of said sections
shall apply. In every town there shall be a mayor elected for a
term of two (2) years, at the time and in the manner set forth in
this act.

Sec. 8. Powers and duties of the council.—Except as modified
by section six-b and section six-c for cities adopting the plan of gov-
ernment there stated, the council shall have, possess and exercise
the general management of the affairs of the city and town; and in
addition to such powers and duties as are guaranteed and imposed
by this act, shall exercise and perform all of the powers and duties
now authorized or imposed by general law or special act, in so far
as they are not inconsistent with this act. The said council shall
have the right to elect or appoint the chief or heads of departments,
and all such other officials and employees authorized by their char-
ters or by general law, and remove the same at pleasure; and shall
have the right to abolish any office created by them. The council of
any city or town now having a police board or board of fire com-
missioners, or other board or commission other than the sinking
fund board or commission, may, by a majority vote of all the mem-
bers elected to such council, abolish such boards and perform all of
the duties now performed by them.

In the several cities of the State, where justices of peace are
elected by wards, such ward lines, for the purpose of electing such
justices, shall if such city decide to elect its council hereunder at
large, remain as at present, until otherwise changed. Each city
shall have the power from time to time as provided by general law
to change its ward lines for the election of justices of the peace:
and shall also provide for all necessary and proper voting precincts.

The administrative powers, duties and authority in such cities
and towns may be distributed into departments, and may be assigned
to and among the members of the council, the mayor and such other
officers and employees as the council may see fit; and the council
may make such rules and regulations as may be necessary and
proper for the efficient and economical conduct of the business of
the city or town.

The council of any town or city adopting the form of govern-
ment set out in section five and in section six-a of this act, described
as the general councilmanic plan, and the council of any city or
town, whether now organized as such under existing special charter
or general law, or which may be hereafter organized under special
charter or general law, and not desiring to adopt the provisions of
this act, is hereby empowered, in the discretion of such council,
to employ a person who may or may not be a resident or qualified
voter of such city or town, or of this State, to be known as “city
or town manager,” as the case may be, and who shall, under the
control ot the council, have the general charge and management
of the administrative affairs and work of such city or town, and
who shall perform such other duties as may be required of him.
He shall receive such salary as shall be allowed him by such coun-
cil. In every case where a city or town manager is employed,
whether the provisions of this act be adopted or not, such manager
may be dismissed at any time by the council. The mayors of towns
adopting the provisions of this act may be employed as town man-
ager for their respective towns, and be paid in the discretion of
the council, a salary in addition to such compensation as they may
be receiving at the time of their election or appointment as town
manager; provided, however, that if any town adopt a plan of
government which authorizes the employment of a town manager.
a town manager may be employed by the then existing council, but
such employment shall in no case extend beyond the term of such
council.

Sec. 9. Powers and duties of mayor.—The mayors of the cities
and towns adopting the provisions of this act shall have, possess
and exercise the same rights and powers given them by general law
or by special act, except in so far as the same may be amended or
modified by the provisions of this act. They shall have general
supervision of all departments and the right to suspend all munici-
pal officers and employees and the members of any police or fire
board or commission except members of the council.

Sec. 10. Salaries of mayors and councilmen.—The present law
governing the salaries of mayors shall remain in rorce and effect,
if the general councilmanic plan herein provided for be adopted,
until otherwise changed by law. The salaries of all councilmen,
whether in a city or town, including the salary of such person as
may be designated mayor of cities under the modified commission,
plan or the city or town manager plan herein provided for, shall be
fixed by a commission of five resident tax payers, who shall also
be qualified voters of such city or town, and who shall be appointed
by the circuit court or the judge thereof in vacation, having juris-
diction in such city or town, and who shall serve as such without
compensation. If there be no circuit court in any such city, then
such commission shall be appointed by the corporation or hustings
court or the judge thereof in vacation. The compensation so fixed
shall be for one term only. The said commissioners upon being
notified of their appointment, shall as soon as practicable, fix said
salaries, and make due report to the council of such city or town,
which report shall be entered in full on the records of the council
and shall have the force and effect of an ordinance duly adopted in
the mode prescribed by law. The application for said commis-
sioners shall be made by the mayor immediately after formal notice
to the council of the adoption of the provisions of this act.

In the event that the mayor of a town shall receive a salary,
such salary shall be fixed by the town council, but such salary for
his services as mayor shall not exceed one thousand dollars per
annum, and shall be in lieu of all fees except fees for the trial of
civil matters. All other fees received by the mayor shall be paid
into the treasury of said town monthly; provided, however, that the
mayor shall not be entitled to vote on any ordinance, motion or
resolution fixing his salary.

But no salary shall be paid the members of any council of any
town or city, unless the same shall have been authorized by the elec-
tors of such city or town as hereinbefore provided.

Sec. 11. Investigations——The council of every city and town
shall have the right to make such investigations relating to munici-

pal affairs as it may deem necessary, and shall have the power to
summon and enforce attendance of witnesses, the production of
-books and papers, and power to administer oaths in the same manner
and with like effect and under the same penalties as justices of the
peace for contempt in exercising criminal or civil jurisdiction under
the State statute.

Sec. 12. Definition of terms.—The word “council” shall apply

_to the council or other legislative body of any city or town, unless
such construction would be inconsistent with the manifest intent,
or repugnant to the context of the statute.

Sec. 13. Special acts—While it is the purpose of this act to

give each and every city and town of the State the right to adopt
its provisions, yet nothing herein contained shall be construed as
preventing any city or town from obtaining such special act, or acts,
_or charter amendments, as it may desire, in accordance with the
provisions of section one hundred and seventeen (117) of the Con-
stitution, and not in conflict with this act; except that having once
adopted the provisions of this act, any such city or town can be
. relieved of its previsions only in the manner as hereinafter set
forth.
Sec. 14. Procedure for the abandonment of the provisions of
“this act—Any city or town which shall have operated for more
‘than four years under the provisions of this act may abandon such
: organization hereunder and accept the provisions of the general law
‘of the State then applicable to cities or towns of its population, or
“if-now organized under special charter, may resume said special
‘ charter, by proceeding as follows:
“Upon the petition of not less than twenty-five per cent. of the
‘ qualified electors of such city or town, a special election shall be
called at which the following proposition only shall be submitted,
““For the abandonment of present form of government;” “Against
' abandonment of present form of government.”
If a majority of the electors qualified to vote at such special
election be in favor of such proposition, the officers elected at the
next succeeding regular election shall be those then prescribed by
the general law, or special charter, of the State for cities or towns
of like population; and upon the qualification of such officers such
city or town shall resume its former form of government under its
charter and the general law governing cities and towns; but such
change shall not, in any manner or degree, affect the property right
or liabilities of any nature of such city or town, but shall merely
extend to such change in its form of government.

The sufficiency of such petition shall be determined, the election
ordered and conducted. and the results declared generally as pro-
vided by section two (2) of this act, in so far as the provisions
thereof are applicable.

Sec. 15. Requirements of petitions.—Petitions provided for in
this act shall be signed by none but qualified voters of the city or
town. Each petition shall contain, in addition to the names of the
petitioners, the street and house number, if any, in which the peti-
tioner resides. The names of the petitioners need not all be on one
petition, provided, the several petitions are copies of each other;
each page to have printed at the top a brief statement of the plan
to be voted on.