Chap. 382.—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
11, 1919, as heretofore amended, which town has since become the city of
South Nortolk; and to provide a charter ror the city of South N eB

B 421}
Approved March 20, 1924.

Be it enacted by the general assembly of Virginia, That an act
entitled an act‘to incorporate the town of South Norfolk, in the county
of Norfolk, approved September 11, 1919, as heretofore amended, which
town has since become the city of South Norfolk, be amended and re-
enacted so as to provide a charter for the city of South Norfolk 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 river 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
embraced 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 southerly
along the center line of Atlantic avenue to its intersection with the
eastern line of the right of way of the Virginian railroad; thence along
the eastern line of the right of way of the Virginian railroad to the
port warden’s line of the southern branch of the Elizabeth river; thence
along the port warden’s line of the southern branch of the Elizabeth
river to the point of beginning, shall be known as ward one; the terri-
tory embraced within the line beginning at the center line of Liberty
street with its intersection of the western line of Fourteenth street
extended, and extending easterly along Liberty street to its intersection
with Atlantic avenue; thence southerly along Atlantic avenue to the
center line of Ohio street; thence along the center line of Ohio street
in a westerly direction to its intersection with the port warden’s line
of the southern branch of the Elizabeth river; thence along the port
warden’s line of the southern branch of the Elizabeth river northerly
to Mile Run creek; thence up the center of Mile Run creek to its inter-
section with the western line of Fourteenth 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 six 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 two 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 treasurer, commis-
sioner 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 qualified to vote. The manner of con-
ducting elections under this act, so far as the same is not in conflict
herewith, shall 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
council 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 yeir 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 office 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 re-
quired 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 appointed
bonds, with sureties in proper penalties, payable to the city in its cor-
porate name, with condition for the faithful performance or discharge
of his said duties.

Section 103. The council shall create a fire department to be com-
posed of a fire chief and an assistant fire chief and such other firemen
and employees as the council may see fit to employ. Either the fire
chief or the assistant fire chief shall be on duty continuously throughout
each day of twenty-four hours. The council shall appoint, and shall fix
the compensation of, the fire chief, the assistant fire chief and the other
firemen and employees, and shall prescribe their duties, but the compen-
sation of the fire chief shall not be less than one hundred and forty dollars
per month and that of the assistant fire chief shall not be less than one
hundred and twenty-five dollars per month. The council shall provide
the fire department with such fire fighting apparatus and equipment and
other supplies as may be necessary to enable it efficiently to function.

Section 11. All officers and employees appointed as provided in the
two preceding sections 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, in a committee, municipal board, mayor,
or head of department to fill more than one of the offices whose incum-
bents are appointed by the common council or by any appointing 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 afore-
Bald, shall be secured by him and delivered to the clerk of the common
council.

Section 14. The mayor stall be elected by the qualified electors of
the city for a term of four years. His salary shall be fixed by the com-
mon 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 jurisdic-
tion 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 prosecu-
tions, cases and controversies which may arise under the by-laws and
ordinances of the city; impose fines and inflict punishment 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. ll fees allowed the mayor under the general laws of this State
for the issuance of warrants, trials of cases, etc., shall be collected 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. ‘The mayor shall be president of the common coun-
cil, but shall have no vote except in case of an cqual division.

Section 16. The mayor skall 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 documents in their
office; and may examine them or their subordinates on oath, but the evi-
dence 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 recommendation as he shall deem proper and in
case of absence, illness or inability of the mayor to act as such, the vice-
president of the common council or in his absence or inability some other
member of the common council chosen for the purpose shall have the
same powcr in discharging the municipal duties of the mayor during
such absence or inability 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 com-
mon council, and at the request of any member present the yeas and
nays shall be recorded on any question. At the next meeting the pro-
ceedings 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 common 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, qualifi-
cations and return 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 com-
mitted 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 nevessary 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 coun-
cil. 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 treas-
urers 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 depos-
itories deposited upon request of the common council.

Section 26. The city sergeant shall perform the duties and receive
the compensation 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 same duties
as constables within the city limits and be subject to the same liabilities
touching all process lawfully directed to him as constables are subject
to under the laws of this State. He shall execute a bond in the penalty
of two thousand five hundred dollars conditioned 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 votes cast at such elec-
tion.

In anticipation of the receipt of taxes and revenues of the current
fiscal year, it shall be lawful for the city of South Norfolk to borrow
money temporarily i in any fiscal year and to issue notes or other evidences
of the indebtedness therefor, and from time to time to renew such tem-
porary loans; provided such temporary loans, including all renewals there-
of, shall not be made for a greater period than one year and shall
not exceed in the aggregate at any one time the uncollected
portion of the estimated revenue for the year in which they are
made. All such temporary loans shall be evidenced by instruments
upon the face of which there shall be plainly written “temporary
loan.”” Such temporary loans may be made and notes or other
evidences of indebtedness issued therefor pursuant to a_ resolution
or ordinance of the common council of the city of South Nor-
folk, and no election shall be necessary to authorize such temporary
loans or the issuance of notes or other evidences of indebtedness therefor.
Such notes or other evidences of indebtedness issued in anticipation of
the receipt of taxes and revenues of the current fiscal year shall be
gencral obligations of the city of South Norfolk, for the payment of
which the full face and credit of said city shall be deemed to be pledged.

Section 28. For the execution of their powers and duties, the com-
mon council 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 conflict with the
gencral laws of the State and in such a manner as they may deem ex-
pedient 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 taxa-
tion, including all taxable real and personal property omitted from the
State assessment: to ievy a tax on licenses of any person, firm or corpo-
ration not exempt from paying a license tax by the general laws of the
State of Virginia. And said city, through its common council, is in
addition, authorized to levy on all such real and personal property for
city purposes a tax not to exceed two dollars and thirty cents on the
one hundred dollars of value of such property, except that the rate on
intangible property shall not exceed the rate fixed by general law.

Section 29. The 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 exeeed 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 before
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 De-
cember 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 fail-
ure 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 im-
posed and collected for violations of city ordinances, rules, regulations
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 of
the statutes of the State 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 Common-
wealth, 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 capias 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 misdemeanor under the general laws of the State
of Virginia, or upon any trial for the violation of the city ordinance, in
which a fine is imposed upon the defendant, or in which defendant 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 is 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 defendant
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 ordi-
nances of the said city shall run in the name of the “‘the city of South
Norfolk,” and writs and processes 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 pro-
vided for by the laws of this State for the punishment of misdemeanors.

Section 38. The jailor of the county of Norfolk is hereby authorized
to receive into his jail, and there keep until released in accordance with
law, any person regularly committed to his jail for the violation of any
city ordinance, regulation or by-law; and unless otherwise provided by
city ordinances any sentence of imprisonment imposed or order for con-
finement in prison for non-payment of any fine, penalty or costs imp7sed
by the mayor for the violation of a city ordinance, regulation or by-law,
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 desig-
nate.

Section 39. The jailor of Norfolk county or the person in 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 jus-
tice 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 he 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. The fiscal vear for the said city shall begin on the first
day of January and end with the thirty-first day of December of each
vear; and not later than June first of each year a budget shall be pre-
pared and an appropriation ordinance adopted covering the period from
January first to January first of the then current year. Until otherwise
provided by the council by ordinance, city taxes on real estate and city
taxes on personal property shall be payable during the month of No-
vember 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 jurisdiction
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. Noth-
ing in this act contained shall affect the term of any member of the com-
mon council who may be in office when this act takes effect, except that
the mayor shall no longer be an ex-officio member of the common council.

Section 46. An emergency existing, this act shall be in force from
its passage.