Chap. 350.—A JOINT RESOLUTION proposing an amendment to section 117
of article 8 of the Constitution of Virgina. [H J R]

Signed March 19, 1920. ,

Whereas, the proposed amendment -to section one hundred and
seventeen of article eight of the Constitution of Virginia, hereinafter
fully set forth, was agreed to by a majority of the members elected
to the two houses of the general assembly at its session of nineteen
hundred and eighteen, and referred to this, the next general assembly,
and published for three months, as required by the Constitution of
Virginia, and as shown by report of such publication by the clerk
of the house of delegates ; now, therefore,

Resolved, by the house of delegates, the senate concurring (a
majority of the members elected to each house agreeing thereto),
That the following amendment to the Constitution of Virginia be,
and the same is, hereby proposed in conformity with the proVisions
of section one hundred and ninety-six of article fifteen of said Con-
stitution, namely:

Strike out from the Constitution of Virginia section one hundred
and seventeen, which is in the words and figures following, to-wit:

Sec. 117. General laws for the organization and government of
cities and towns shall be enacted by the general assembly, and
no special act shall be passed in relation thereto, except in the manner
provided in article four of this Constitution, and then only by a
recorded vote of two-thirds of the members elected to each house;
and except also in the case of cities having more than fifty thousand
inhabitants, as hereinafter provided. But each of the cities and towns
of the State having at the time of the adoption of this amendment
a municipal charter may retain the same, except so far as it shall be
repealed or amended by the general assembly; provided, that every
such charter is hereby amended so as to conform to all the provisions,
restrictions, limitations and powers set forth in this article, or other-
wise provided in this Constitution.

Notwithstanding, however, anything in this article contained the
general assembly may, by general law or by special act (passed as
prescribed in article four of this Constitution), depart in any respect
(except as otherwise in this section expressly provided) from the form
of organization and government prescribed by this article for cities
and towns, and may provide, from time to time, for the various
cities and towns of the Commonwealth such form or forms of muni-
cipal government as the general assembly may deem best; but na
form or forms of government authorized by the second paragraph
of this section shall become operative except as to such cities or
towns as may thereafter adopt the same by a majority vote of its
qualified electors at any election to be held as may be prescribed
therefor by law. All the limitations on the powers of councils of
cities and towns imposed by this article shall apply in like manner
to the principal legislative authority under any form of government
which may be authorized hereunder. The term “council” as used in
sections one hundred and twenty-five and one hundred and twenty-
seven of this Constitution shall be construed to include the body
which, under any form of municipal government, shall be vested with
the principal legislative authority of such municipality.

The general assembly, for the purpose of this article, may classify
cities according to their population, but the maximum population
prescribed for any class shall exceed the minimum population for the
same class by at least ten thousand. The general assembly, at the
request, made in manner which may be prescribed by law, of any city
having a population of over fifty thousand inhabitants, may grant a
special form of government for such city.

Any laws or charters enacted pursuant to the provisions of this
section shall be subject to the provisions of this Constitution relating
expressly to judges and clerks of courts, attorneys for the Commion-
wealth, commissioners of revenue, city treasurer and city sergeants.

And insert in lieu thereof the following:

Sec. 117. (a) General laws for the organization and governnient
of cities and towns shall be enacted by the general assembly, and no
special act shall be passed in relation thereto, except in the manner
provided in article four of this Constitution, and then only by a re-
corded vote of two-thirds of the members elected to each house. But
each of the cities and towns of the State having at the time of the
adoption of this Constitution a municipal charter may retain the same,
except so far as it shall be repealed or amended by the general
assembly ; provided, that every such charter is hereby amended to
conform to all the provisions, restrictions, limitations and powers
set forth in this article, or otherwise provided i in this Constitution.

(b) The general assembly may, by general law or by special act
(passed in the manner provided in article four of this Constitution),
provide for the organization and government of cities and towns
without regard to, and unaffected by any of the provisions of this
article, except those of sections one hundred and twenty-four, one
hundred and twenty-five (except so far as the provisions of section
one hundred and twenty-five recognize the office of mayor and the
power of veto), one hundred and twenty-six, one hundred and twenty-
seven and one hundred and twenty-eight of this article, and except
those mentioned in sub-section (d) of this section. The term “coun-
1920. ] | ACTS OF ASSEMBLY. , 523

cil” as used in any of said sections shall include the body exercising
legislative authority for the city or town, and all ordinances enacted
and resolutions adopted by such body shall have the same force and
effect for all purposes, as if enacted or adopted in accordance with
the provisions of section one hundred and twenty-three of this article.
But such organization and government shall apply only to such cities
or towns as may thereafter adopt the same by a majority vote of those
qualified voters of any such city or town voting in an election to
be held for the purpose, as may be provided by law. |

(c) The general assembly, at the request of any city or town made
in manner provided by law, may grant to it any special form of
organization and government authorized by sub-section (b) of this
section, and subject to all of the provisions of that sub-section, except
that it shall not be necessary for such city or town to thereafter adopt
the same.

(d) Any laws or charters enacted pursuant to the provisions of
this section shall be subject to the provisions of this Constitution re-
lating expressly to judges and clerks of courts, attorneys for the
Commonwealth, commissioners of revenue, city treasurers and city
sergeants.

(e) Any form of organization and government authorized by
any provision of this section which may have been adopted hereto-
fore by any city or town pursuant to any act of the general assembly
enacted before such provision became effective, and which is now in
operation, is hereby declared legal and valid ab initio, and shall have
the same force and effect as if it had been authorized by this Con-
stitution at the time of its adoption.