Chap. 121.—An ACT to amend and re-enact an act entitled an act to amend
and re-enact an act entitled an act to incorporate the town of South Nor-
folk, in the county of Norfolk, approved September 11, 1919, approved
March 24, 1920. (H B 222]

Approved March 4, 1922, :

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to amend and re-enact an act entitled an act to
incorporate the town of South Norfolk, in the county of Norfolk,
approved September eleventh, nineteen hundred and nineteen, ap-
proved March twenty-fourth, nineteen hundred and twenty, be
amended and re-enacted so as to read as follows:

Section 1. That the inhabitants in the territory in Norfolk county
contained within the boundaries prescribed in section two hereof be,
and they are, hereby declared to be, a body, politic and corporate,
in fact and in name, under the name and style of the city of South
Norfolk ; and as such shall have and exercise all the powers conferred
by, and be subject to all laws of, the State of Virginia now in force,
or that may hereafter be enacted, for the government of cities of less
than ten thousand inhabitants, so far as the same are not inconsistent
with the provisions of this act.

Section 2. The boundaries of the city shall be as follows: Begin-
ning at the intersection of the southern line of Berkley avenue, with
the western line of the Obendorfer road, and extending easterly along
the southern line of Berkley avenue to its intersection with the eastern
line of the Virginian railroad company’s right of way; thence along
the eastern line of the said railroad right of way to its intersection
with the port warden’s line of the southern branch of the Elizabeth
river; thence down said port warden’s line of said nver to Mile Run
creek ; thence up the center of said Mile Run creek to its intersection
with the western line of Fourteenth street ; thence along the west side
of Fourteenth street to its intersection with north side of Liberty
street ; thence along the north side of Liberty street to its intersection
with Obendorfer road; thence along the west side of Obendorfer
road to the point of beginning.

Section 3. ‘The territory. embraced within the limits of said city
shall be divided into three wards as follows, to-wit: The territory em-
braced within a line beginning at the intersection of the center line
of Ohio street extended to the port warden’s line of the southern
branch of the Elizabeth river, and extending along Ohio street in an
easterly direction to its intersection with Atlantic avenue; thence
outherly along the center line of Atlantic avenue to its intersection
ith the eastern line of the right of way of the Virginian railroad;
rence along the eastern line of the right of way of the Virginian.
ailroad to the port warden’s line of the southern branch of the Eliza-
eth river ; thence along the port warden’s line of the southern branch
f the Elizabeth river to the point of beginning, shall be known as
rard one; the territory embraced within the line beginning at the
enter line of Liberty street with its intersection of the western line
f Fourteenth street extended, and extending easterly along Liberty
treet to its intersection with Atlantic avenue; thence southerly along
\tlantic avenue to the center line of Ohio street; thence along the
enter line of Ohio street in a westerly direction to its intersection
vith the port warden’s line of the southern branch of the Elizabeth
iver; thence along the port warden’s line of the southern branch of
he Elizabeth river northerly to Mile Run creek ; thence up the center
of Mile Run creek to its intersection with the western line of Four-
eenth street; thence along the west line of Fourteenth street to the
point of beginning, shall be known as ward two. The remaining
territory embraced within the limits of said city, as described above,
shall be known as ward three.

Section 4. The administration and government of the said city
shall be vested in one principal officer, to be denominated the mayor,
and nine councilmen, who shall constitute the common council of the
city, all of whom shall be electors of the said city.

Section 5. The mayor and councilmen, treasurer, commissioner of
revenue and city sergeant, shall be elected for a term of four years,
and each shall serve until his successor shall have qualified. There
shall be elected three councilmen from each of the three wards of
said city. The mayor and the said councilmen shall be elected on
the second Tuesday in June, immediately preceding the expiration of
the terms of their predecessors, and shall enter upon their duties on
the first day of September, next succeeding their election. The treas-
urer, commissioner of revenue and the city sergeant shall be elected
at the general election held for members of the house of delegates in
November and immediately preceding the expiration of the terms of
their predecessors and shall enter upon their duties on the first day
of January succeeding their election.

Section 6. In all elections for officers of the said city, all persons
who may be, by the laws of this State, entitled to vote for members
of the general assembly shall be qualificd to vote.

The manner of conducting elections under this act, so far as the
same is not in conflict herewith, be the same as prescribed by the
general election laws of this State.

Section 7. The municipal officers of the said city in addition to
those mentioned in section five, shall be the clerk of the common coun-
cil and city attorney. The council may also appoint such other officers
and employees as may be necessary to conduct the business of the
city, fix their compensation and prescribe their duties, and may ap-
point such committees of the said common council and create such
boards and departments of the city government and administration
with such powers and duties and subject to such regulations as it may
deem fit, consistent with the provisions of this act.

Section 8. The clerk of the common council and the city attorney
shall be appointed by the common council at its first regular meeting
in September in every odd number year or as soon thereafter as
may be, and shall assume the duties of their offices on the first day
of October next succeeding. Their terms of offices shall be for two
years from the time fixed for their assuming the duties of their office
and they shall serve until their successors shall have been appointed.

The clerk of the common council shall attend the meetings of the
same and keep a record of its proceedings and perform all other duties
that may be required of him by the common council.

Section 9. The duties and compensations of all municipal officers,
except as herein defined or provided for, shall in addition to the duties
prescribed by the general laws of this State, be defined and provided
by the common council.

Section 10. In addition to the power to appoint such officers as
are herein expressly mentioned, the common council shall have the
power and authority to create a health board by proper ordinance and
to appoint a health officer, and any other officer and employee as the
common council may deem proper; and to fix their compensation and
duties, and may require of any of the officers and employees so ap-
pointed bonds, with sureties in proper penalty, payable to the city
in its corporate name, with condition for the faithful performance or
discharge of said duties.

Section 11. All officers and employees appointed as provided in
the preceding section may be removed by the common council at its
pleasure.

Section 12. It shall be unlawful for any officer or employee ap-
pointed by the common council, any committee, municipal board,
mayor, or head of department to fill more than one of the offices whose
incumbents are appointed by the common council or by any appoint-
ing power designated by the council.

Section 13. When the mayor, councilmen, treasurer, commissioner
of the revenue, justice of the peace and clerk of the common council
take the oaths required of them, duplicate certificates of the court or
person administering the same, stating the fact of their having been
taken, shall be obtained by the person taking the same and be by him
delivered for record as follows: One to the clerk of the common
council and one to the clerk of the circuit court of Norfolk county.
When any other municipal officer takes the oath required of him a
certificate, as aforesaid, shall be secured by him and delivered to the
clerk of the common council.

Section 14. The mayor shall be elected by the qualified electors
of the city for a term of four years. His salary shall be fixed by the
common council and shall not be diminished during his term of office.
He shall possess all jurisdiction and exercise all powers and authority
of a justice of the peace of the State of Virginia in civil and criminal
matters within the corporate limits of the said city and shall have the
jurisdiction and authority of a justice of the peace to issue process and
to try and determine all civil and criminal cases arising in the said
city, and shall have the power to issue process, hear and determine
all prosecutions, cases and controversies which may arise under the
by-laws and ordinances of the city; impose fines and inflict punish-
ment when and wherever they are authorized by the said by-laws and
ordinances and to issue execution for the collection of the said fines
and to impose such fines and penalties for the violation of such by-
laws and ordinances as to him shall seem just, where the amount of
the penalty or fine for such violation of such laws and ordinances and
not fixed by the same; and may, upon the failure of the offender to
pay the fine or penalty recovered and the costs, order the offender to
be confined in the county jail of Norfolk county or the prison of the
city for a term not exceeding ninety days.

All fees allowed the mayor under the general laws of this State
for the issuance of warrants, trials of cases, et cetera, shall be col-
lected as their costs are collected and turned into the city treasurer ;
the said mayor shall have the powers of police justice of the cities of
the first class for the purpose of admitting’ persons to bail.

Section 15. The mayor shall be the chief executive officer of the
city and it shall be his duty to see that the by-laws and ordinances
thereof are fully executed, and shall be an ex-officio member of the
common council.

Section 16. The mayor shall see that the duties of the various
city officers, members of the police and fire departments whether
elected or appointed are faithfully performed. He shall have the
power to investigate their acts, have access to all books and docu-
ments in their office; and may examine them or their subordinates
on oath, but the evidence given by persons so examined shall not be
used against them in any criminal proceedings; shall have all powers
conferred on him by the general laws of this State and may from
time to time communicate to the council such suggestion and recom-
mendation as he shall deem proper and in case of absence, illness or
inability of the mayor to act as such, the president of the common
council or in his absence or inability, the vice-president of the common
council or in his absence or inability some other member of the com-
mon council chosen for the purpose shall have the same power in dis-
charging the municipal duties of the mayor during such absence or in-
ability of the mayor.

Section 17. In case a vacancy shall occur in the office of the
mayor the vacancy shall be filled by the appointment by the common
council of any one eligible to such office.

Section 18. A journal shall be kept of the proceedings of the
common council, and at the request of any member present the yea:
and nays shall be recorded on any question. At the next meeting the
proceedings shall be read and signed by the person who was presiding
when the previous meeting adjourned, or if he be not present, by the
person presiding when they were read. The clerk of the commor
council shall keep the said journal and shall record the proceedings
of the council at large thereon, and keep the same properly indexed.

Section 19. The common council shall judge of the election, quali-
fication and returns of its members; may compel the attendance of
absent members and punish and fine them for disorderly behavior.

Section 20. All vacancies occurring from any cause in the office
of the mayor or councilmen shall be filled for the unexpired term
by the council.

Section 21. The said common council shall have all powers and
authority that is now or may hereafter be granted to the cities of
the second class by the general laws of this State and by this act;
and the recital of special powers and authorities herein shall not be
taken to exclude the exercise of any power and authority granted
by the general laws of this State to cities of this class, but not herein
specified ; and the common council shall have the power and authority
when any felony or misdemeanor has been committed or attempted to
be committed in the city to offer such reward as they may think
right and proper not to exceed one hundred dollars ($100.00), for the
arrest and conviction of the criminal.

Section 22. The police force shall be under the control of the
mayor for the purpose of enforcing peace and order and executing the
laws of the State and ordinances of the city. They shall also perform
such other duties as the common council may prescribe. For the
purpose of enabling them to execute their duties and powers, each
policeman is hereby made a conservator of the peace and endowed
with all the powers of a constable in criminal cases, and all other
powers which under the laws of the State may be necessary to enable
him to discharge the duties of his office.

Section 23. The said treasurer shall collect and receive all monies
belonging to the city and shall perform such other duties as required
by the general laws and which may be prescribed by the common
council. He shall receive for his services such compensation as the
common council may from time to time allow and in case of the
failure of the common council to fix this compensation, he shall be
entitled to fees for his services as provided in the general laws as
conditions for treasurers in cities in general.

Section 24. No money shall be paid out by the city treasurer
except by order of the common council and upon a warrant of the
clerk of the common council countersigned by the mayor.

Section 25. The treasurer shall report to the common council the
amount of cash on deposit to the order of the city and in what deposi-
tories deposited upon request of the common council.

Section 26. The city sergeant shall perform the duties and receive
the compensations and be subject to the liabilities described by this
act and ordinance, by-laws and regulations of the common council and
the laws of this State and also have the powers and discharge the
saine duties as constables within the city limits and be subject to the

same liabilities touching all process lawfully directed to him as con-
stables are subject to under the laws of this State. He shall execute
a bond in the penalty of two thousand five hundred dollars condi-
tioned as required by law with approved security.

Section 27. The common council of the city of South Norfolk,
whenever three-fourths of its members by a recorded vote decide that
it is to the interest of the city so to do, may by an ordinance provide
for a bond issue election, to issue bonds for the uses and purposes
of the city, said issue to be ratified by a majority of the vote cast
at such election.

Section 28. For the execution of their powers and duties, the
common conncil of the city of South Norfolk shall have the power
to raise annually by levies, taxes and assessments in the said city,
such sums of money as they shall-deem necessary therefor, not in con-
flict with the general laws of the State and in such a manner as they
may deem expedient in accordance with the provisions of this act and
the laws of the State and of the United States.

The common council shall have the power to tax all real and
personal property situated in the said city, and not exempt by law
from said taxation, including all taxable real and personal property
omitted from the State assessment; to levy a tax on licenses of any
person, firm or corporation which are not prohibited from paying a
license tax by the general laws of the State of Virginia.

Section 29. Fhe said common council shall be vested with all
powers conferred by the general laws of this State as to enforcing
and collecting the license taxes and assessments made under this act
and by virtue of the general laws of the State of Virginia.

Section 30. The common council may levy a tax annually on all
persons within the said city over twenty-one years of age provided
the said tax shall not exceed one dollar on each of the said persons.

Section 31. The city treasurer or other officer whose duty it is to
collect city taxes shall commence to receive the city levies on or be-
fore the first day of November of each year, or as soon thereafter as
he may receive copies of the commissioner of revenue’s books, and
continue to receive same up to the first day of December thereafter.
It shall be the duty of the treasurer or other such officer after the first
day of December to call upon each person, resident within the city
chargeable with levies, who has not paid the same, or upon the agent,
if any, of such person resident within the city, for payment thereof ;
and upon the failure of such person or agent to pay the same he shall
promptly proceed to collect the same by levy, distress or otherwise.

Section 32. All fines and penalties, and costs incident thereto
imposed and collected for violations of city ordinances, rules, regula-
tions and by-laws shall be for the use of said city and shall be turned
into the city treasury.

Section 33. Appeals may be taken to the circuit court of Norfolk
county from the decision of the mayor on both civil and criminal
matters in the same manner and upon the same terms, and be tried in
the same way as appeals from the decision of a justice are taken, and
tried in like cases, except that no appeal shall be granted from the
decision of the mayor imposing a fine for violation of any of the
ordinances or by-laws of said city for offenses not made criminal by
the common law or the statutes of Virginia until and after bond be
given by the person so fined, with security approved by the mayor
conditioned to pay all fines, costs and damages that may be awarded
by the said court on appeal, the penalty of said bond to be double the
sum sufficient to pay all such fines, costs and damages.

Should the decision of the mayor be affirmed, in whole or in part,
the said court shall enter judgment against the said principal and
surety for the amount so affirmed, with costs before the mayor, and
the costs of the appeal, and execution shall be issued thereon in the
name of the city against both principal and surety.

Section 34. In any case in which a judgment is rendered by
the mayor for a fine, going in whole or in part to the Commonwealth,
or for a fine going, in whole or in part, to the city of South Norfolk
the mayor may, of his motion, or at the instance of the attorney for
the Commonwealth, commit the defendant to jail until the fine and
costs are paid, or until the costs are paid where there is no fine; or the
mayor may issue a capas pro fine before or after the return of a writ
of fieri facias.

Section 35. In any case in which a judgment is rendered by
the mayor upon a trial for a misdeanor under the general laws of the
State of Virginia, or upon any trial for the violation of the city ordi-
nance, in which a fine is imposed upon the defendant, or in which de-
fendant is required to pay the costs, and the same are not paid, the
mayor may in his discretion take security for the payment of such fine
and costs or for the costs alone, where there is no fine, such payment
to be made within thirty days from the day of trial.

It shall be sufficient to bind such surety that the mayor endorse on
the warrant the name of the surety, amount for which he is bound,
and the date of the endorsement; but, if no security is given, the de-
fendant will be committed to jail until such fine and costs, or such
costs alone are paid, but said commitment to jail shall not exceed
ninety days.

Section 36. All criminal and civil writs and process issued by the
mayor under the general laws of the State of Virginia shall run in
the name of the “Commonwealth of Virginia,” and all criminal and
civil writs or process issued by the mayor for the violation of or under
ordinances of the said city shall run in the name of “the city of
South Norfolk,” and writs and process issued in the name of the city
of South Norfolk shall conform as near as may be to the form for
similar writs and processes issued under general State laws.

Section 37. Where by the provisions of this act or the general
laws of this State the council has authority to pass an ordinance, by-
laws or regulations on any subject, it may prescribe any penalty not
exceeding one thousand dollars or confinement in jail not exceeding
twelve months, or both, for the violation thereof, or any other form
of punishment provided for by the laws of this State for the punish-
ment of misdemeanors.

Section 38. The jailor of the county of Norfolk is hereby au-
thorized to receive into his jail, and there keep until released in ac-
cordance with law, any person regularly committed to his jail for the
violation of any city ordinance, regulation or by-laws; and unless
otherwise provided by city ordinances any sentence of imprisonment
imposed or order for confinement in prison for non-payment of any
fine, penalty or costs imposed by the mayor for the violation of a city
ordinance, regulation or by-laws, may be either in the city prison or
in the county jail of Norfolk county as said mayor imposing such
sentence or making such order shall designate.

Section 39. The jailor of Norfolk county or the person im charge
of the prison of said city is authorized to receive into the said jail or
prison, without mittimus or warrant, all persons apprehended by the
sergeant or any police officer of said city for violation of the rules,
regulations, by-laws or ordinances, or disturbing the peace of said
city, and shall be authorized to retain such person in custody until the
morning of the second day, at which time they shall be discharged,
unless regularly committed to his custody by a mittimus or warrant,
in which case the officers so receiving said parties shall be entitled to
fees provided to be paid when a person is committed under a warrant
or mittimus of a justice of the peace.

Section 40. The officers of the city whose duty it is to collect the
city taxes and levies shall have all powers to levy upon and distrain
goods and chattels of the tax debtor or any other person therefor
that may be given by the laws of this State to the officer of a city
whose duty it is to collect city levies and taxes.

Section 41. The commissioner of revenue shall perform such
duties as required by the general laws of this State and such other
duties as may be prescribed by the common council from time to time
and shall receive for his compensation such fees as are allowed under
the general laws of the State of Virginia.

Section 42. The common council and the mayor shall be vested
with all powers, duties and liabilities which are theirs by the general
laws of this State.

Section 43. From and after January first, nineteen hundred and
twenty-three, and until otherwise provided for by the council by
ordinance, the fiscal year for the said city shall begin on the first day
of January and end with the thirty-first day of December of each
year and not later than June first, nineteen hundred and twenty-two,
a budget shall be prepared and an appropriation ordinance adopted
covering the period from January first, nineteen hundred and twenty-
two, to January first, nineteen hundred and twenty-three. From and
after January first, nineteen hundred and twenty-three, until other-
wise provided by the council by ordinance, city taxes on real estate and
city taxes on personal property shall be payable during the month of
November of each year.

Section 44. If any clause, sentence, paragraph, or part of this act
shall for any reason be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder of said act, but shall be confined in its operations to the
clause, sentence, paragraph or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
Section 45. All acts or parts of acts in conflict with this act are
hereby repealed, in so far as they affect the provisions of this act.

Section 46. Inasmuch as the necessities of the city require prompt
action, an emergency exists rendering it necessary that this act shall
go into operation at once, therefore this act shall be in force from
its passage.