CHAPTER 2

An Act to amend and reenact §§ 8, 4, 5, 12, and 18, as amended, of
Chapter 157 of the Acts of Assembly of 1908, approved March 10,
1908, being the charter of the city of Portsmouth, the sections relating
to the vesting of legislative powers and composition of council; to the
qualifications, elections, terms of office and the filling of vacancies in
the offices of Councilmen of the city; to provide for appointment of a
mayor; to provide when such amended sections become effective; to
provide for a referendum thereon under certain conditions and to
provide for the effect of such referendum and to repeal § 11 of such
Chapter, relating to the election of a mayor. [8 B 8}

Approved January 27, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 3, 4, 5, 12, and 13, as amended, of Chapter 157 of the Acts of
paren bly of 1908, approved March 10, 1908, be amended and reenacted as
ollows:

§ 8. The legislative powers of the city shall be vested in a council,
including the mayor, consisting of * seven members. This section as
amended shall not be in force except as hereinafter provided in this Chapter
of the Acts of Assembly, nineteen hundred fifty-six. .

§ 4. All members of the Council, including the mayor in office on the
effective date of this amendment, shall continue in office * until September
one of the year in which the first general election of such officers is held
inn ia section as amended, or until their successors in office are duly
qualified.

At the * nezt general election to be held * after the effective date of
this amendment there shall be elected by the qualified voters of the city
seven Councilmen who shall be elected at large. The four Councilmen who
receive the highest vote shall hold office for terms of four years each com-
mencing on the September one following their election; and the other three
Councilmen shall hold office for terms of two years each commencing on the
September one following their election.

The Councilmen * thereafter elected, who shall be elected at large, shall
hold office for terms of. four years each beginning on the first day of Sep-
tember next following the date of their election and until their successors
are duly elected and qualified. This section as amended shall not be in
force except as hereinafter provided in this chapter of the Acts of Assem-
bly of nineteen hundred fifty-six.

§ 5. * Every two years the council shall choose by majority vote of
all the members thereof one of their number to be mayor who shall serve
as mayor for two years. The mayor shall preside over the meetings of the
council and shall have the same right to vote and speak therein as other
members. He shall be recognized as the head of the city government for
all ceremonial purposes, the purposes of military law and the service of
civil process. If a vacancy shall occur in the office of mayor, the council
shall by majority vote of those present choose one of their number to per-
form the duties of mayor. This section as amended shall not be in force
except as hereinafter provided in this chapter of the Acts of Assembly of
nineteen hundred fifty-six.

§ 12. Any person qualified to vote in said city shall be eligible to the
office of councilman. *

Any councilman * who shall remove from * the city shall thereby
vacate his office. *

This section as amended shall not be in force except as hereinafter
Wty atae in this chapter of the Acts of Assembly of nineteen hundred

ty-siz.

§ 18. When any vacancy shall occur in the council by death, resigna-

tion, * failure to qualify, or from any other cause, the council shall elect
a qualified person to supply the vacancy for the unexpired term. This sec-
tion as amended shall not be in force except as hereinafter provided in this
chapter of the Acts of Assembly of nineteen hundred fifty-six.
2. § 11 of Chapter 157 of the Acts of Assembly of 1908, approved March
10, 1908, is repealed. The repeal of this section shall not be effective except
as hereinafter provided in this chapter of the Acts of Assembly of nineteen
hundred fifty-six.
CH. 2] ACTS OF ASSEMBLY 7

8. The Court of Hustings for the city of Portsmouth or the judge thereof
in vacation shall, not less than ten days nor more than ninety days after
the effective date of this act, enter an order requiring the judges of election
of the city of Portsmouth, on a date stated in the order, to open a poll and
take the sense of the qualified voters of the city on the question of whether
$§ 3, 4, 5, 12 and 13 of the charter of the city of Portsmouth shall be
amended and § 11 of the charter be repealed so that councilmen of the city
of Portsmouth will be elected at large, be seven in number, and the mayor
be selected from the majority vote of such council. The poll shall be taken
at the next general election in the city if there shall be such a general
election held in the city not less than thirty days nor more than ninety days
from the date of the order to the judges of election but otherwise shall be
taken at a special election, called for that purpose, to be held not less than
thirty days nor more than ninety days from the date of the order but in
no event within thirty days prior to or following a general election in the

ty.

Notice of the holding of the election shall be given by the posting by
the sergeant of the city of Portsmouth of one or more copies of a notice in
such form as may be prescribed by the judge of the Court of Hustings of
the city at each polling place in the city not less than fifteen days prior to
the date stated in the order of such court, or the judge thereof in vacation,
directing the election to be held.

The ballots for use at such election shall be provided and distributed
by the electoral board of the city, within the time and in the manner pre-
scribed by law, and, on the day fixed by the order so made by the court, or
judge, for the holding of the election, the regular election officers of the
city shall open a poll and take the sense of the qualified voters of the city
on the question hereinafter mentioned. Such election shall be held and
conducted in the same manner prescribed by law for other elections, pro-
vided, however, that the ballots for use at the election shall be printed to
read as follows:

Question: Shall §§ 3, 4, 5, 12, and 18 of the charter of the city of
Portsmouth be amended and § 11 of the charter be repealed so that council-
men of the city of Portsmouth will be elected at large, be seven in number,
and me mayor will be selected from the council by majority vote of such
council?

O FOR
O) AGAINST

Votes shall be cast, ballots shall be counted and the returns shall be
made and canvassed as in other elections, and the results certified by the
commissioners of election to the clerk of the court, or the court or judge
calling such election. .

If it shall appear by the report of the commissioners of election that a
majority of the voters of the city voting on the question are in favor of the
councilmen of the city being elected at large, being seven in number and
the mayor being selected from the council by majority vote of such council,
the clerk of court shall certify that fact to the Court of Hustings or the
judge thereof in vacation, whereupon the Court of Hustings, or the judge
thereof in vacation, shall enter that fact of record.

Upon the entry of such court or judge that the result of such election
be for the election of councilmen at large, the establishment of the number
of councilmen at seven, and the selection of the mayor from the council
by majority vote of such council, §§ 3, 4, 5, 12, and 13, as amended, of
Chapter 157 of the Acts of Assembly of 1908, approved March 10, 1908,
shall be in force in form as set forth above and § 11 of Chapter 157 of the
Acts of Assembly of 1908, approved March 10, 1908, shall be repealed.
But if the result of such election be against the election of councilmen at
large, the establishment of the number of councilmen at seven and the
selection of the mayor from the council by majority vote of such council,
then such sections as amended shall not become effective, nor shall the
repeal of § 11 of Chapter 157 of the Acts of Assembly of 1908, approved
March 10, 1908, be effective under the provisions of this Act.

-4, An emergency exists and this act is in force from its passage.