CHAPTER 26

An Act to amend and reenact § 4, as amended, of Chapter 877 of the Acts
of Assembly of 1946, approved March 28, 1946, which provided a
charter for the town of Chase City, relating generally to the adminis-
tration and government of the town.

rrr #02 et AS
Be it enacted by the General Assembly of Virginia:

1. That § 4, as amended, of Chapter 377 of the Acts of Assembly of
1946, approved March 28, 1946, be amended and reenacted as follows:

§ 4. (1) The present mayor and councilmen of the Town of Chase
City shall continue in office and exercise all the powers conferred by this
charter and the general laws of this State until the expiration of the term
for ue they were elected, or until their successors are duly elected and
qualified.

(2) Except as otherwise provided in this charter, all powers of the
town and the administration and government thereof shall be vested in the
council and such boards or officers as are hereafter mentioned, or may be
by law otherwise provided.

(3) On the second Tuesday in June, nineteen hundred and * szxty-
five, there shall be elected by the qualified voters of the town, one elector
of the town, who shall be denominated mayor, and six other electors, who
shall be denominated councilmen.* The elector elected as mayor shall serve
for a term of two years, and the three electors receiving the highest num-
ber of votes at such election shall serve for a term of four years, and the
three electors receiving the next highest number of votes shall serve for a
term of two years. On the second Tuesday in June, nineteen hundred sixty-
seven, and thereafter each two years, there shall be elected by the qual-
fied voters of the town from the electors, a mayor to serve for a term of
two years and three electors to serve for a term of four years, denominated
as councilmen. They shall enter upon the duties of their offices on the first
day of September next succeeding their election, and shall continue in
office until their successors are duly elected and qualified. Every person
so elected shall take an oath faithfully to execute * the duties of his office *
and the mayor shall take the oath prescribed by law for State officers. The
failure of any person elected or appointed under the provision of this
charter to qualify or to take the oath required, within the time prescribed
for entering upon the discharge of the duties of the office to which he is
elected or appointed, shall vacate the said office, and the council shall pro-
ceed and is hereby vested with power to fill such vacancy in the manner
herein prescribed.

(4) There shall be appointed for the town a registrar and officers of
election in the manner provided for by general law of Virginia, and all
elections held in said town shall be conducted in accordance with said
general law; the electorate shall be that prescribed by general law.

(5) The council shall be the judge of the election, qualification, and
returns of its members; may fine them for disorderly conduct, and, with
the concurrence of two-thirds, expel a member. If any person returned be
adjudged disqualified, or be expelled, a new election to fill the vacancy
shall be held on such day as the council may prescribe. Any vacancy cccur-
ring otherwise during the term for which such person was elected shall be
filled by the council by the appointment of any one eligible to such office.
A vacancy in the office of mayor shall be filled by the council from the
electors of the town, and any member of the council may be eligible to fill
such vacancy.

(6) A majority of the members of the council shall constitute a quor-
um for the transaction of business.

(7) Each member of the council may receive a salary to be fixed by
the council, payable at such times, and in such manner as the council may
direct, but the salary paid to any one member during any year shall not
exceed the sum of * two hundred dollars per annum. The mayor may re-
ceive a salary to be fixed by the council, payable in such manner and at
such times as the council may direct, not to exceed the sum of eighteen hun-
dred dollars per annum; and such salary shall be in lieu of any fees he is
entitled to enter up as part of the costs and receive in the trial of cases
for violation of the ordinances of the town as hereinafter provided for.

(8) The mayor shall preside at the meetings of the council and per-
form such other duties as are prescribed by this charter and by general
law, and such as may be imposed by the council consistent with his office.
The mayor shall have no right to vote in the council except in case of a tie
he shall have the right to break the same by his vote; but he shall have no
right of veto. He shall take care and see that the by-laws, ordinances, acts,
and resolutions of the council are faithfully executed and obeyed, and shall
have and exercise all power and authority conferred by general law on
mayors of towns not inconsistent with this charter. He shall be ex officio
a conservator of the peace within the town and within one mile of its
corporate limits; and shall have jurisdiction to issue process for * arrest
of persons charged with violation of town ordinances, and to grant bail to
persons charged with ordinance violations, and to issue summons for wit-
nesses in pending cases for such violations, such processes, bonds, and
summons to be returnable to the court authorized to try such cases here-
under. The mayor shall authenticate, by his signature, such documents as
the laws, or this charter, require. The council is expressly authorized to
elect a municipal judge for the town, who, upon such election, and execu-
tion of oath to faithfully discharge the duties of his office, shall have juris-
diction to issue process for, and to try all cases for the violation of town
ordinances, and to impose such punishment, or fines as may be prescribed
for violation of the same; to issue executions for fines and costs, so im-
posed; to commit such party to jail upon default in the payment of fine
and costs, but not in excess of twelve (12) months in any case. He may
release persons confined by him, or convicted in his court, for ordinance
violations, upon taking appeals to the circuit court of M ecklenburg County,
and upon giving sufficient bail, to be fixed by him, or he may, for cause
appearing, order the release of any person sentenced to jail, when less
than full sentence has been served. The council is hereby authorized, in its
discretion, and by its resolution, to unite with Mecklenburg County in the
operation of the Mecklenburg County court and to employ the judge of the
county court of said county, as provided by law, to preside over its munici-
pal court, and to try all cases arising under the laws pertaining to towns,
as authorized by law, or under the ordinances of the town. If and when the
judge of the county court be so employed to try town cases hereunder, then
all such. trials shall be held in the town, and the judge. shall have jurisdic-
tion and authority in all matters and proceedings as 1s authorized herein
for a municipal judge, but all fines and costs collected by the judge shall
accrue to the town. The mayor shall not be eligible to election as municipal
judge during his term of office.

(9) The council shall, as soon as practicable after qualification,
appoint one of its members as vice-mayor. The vice-mayor, during the
absence or disability of the mayor, shall perform the duties and be vested
with all the powers, authority, and jurisdiction, of the mayor; and in the
event of a vacancy for any reason in the office of mayor, he shall act as
mayor until a mayor is duly appointed by the council or is elected.

(10) The council shall, by ordinance, fix the time for their regular
meetings, which shall be held at least once a month. Special meetings may
be called by the clerk at the instance of the mayor or any two members of
the council in writing; and no other business shall be transacted at a
special meeting except that stated in the call, unless all members be
present and consent to the transaction of such other business. The meet-
ings of the council shall be open to the public except when in the judg-
ment of the council the public welfare shall require executive meetings.

(11) The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed.
(12) The council may adopt rules for regulating its proceedings, but
no tax shall be levied, corporate debt contracted, or appropriation of
money exceeding the sum of one hundred dollars be made, except by a
recorded affirmative vote of a majority of all the members elected to the
council.

(183) There shall be appointed by the council at its first meeting in
September, or as soon as practicable thereafter, a treasurer, who shall
hold office for a term of two years. The council may provide a salary for
the treasurer. He shall give such bond, with surety and in such penalty
as the council prescribes. He shall receive all money belonging to the town,
and keep correct accounts of all receipts from all sources and of all expen-
ditures of all departments. He shall be responsible for the collection of all
taxes, license fees, levies and charges due to the town, and shall disburse
the moneys of the town in the manner prescribed by the council as it may
by ordinance direct.

(14) The treasurer shall make such reports and at such time as the
council may prescribe. The books and accounts of the treasurer shall be
examined and audited at least once a year by a competent accountant
mee by the council, such examination and audit to be reported to the
council.

(15) The council may in its discretion designate the place of deposit
of all town funds, which shall be kept by the treasurer separate and apart
from his personal funds.

(16) There shall be appointed by the council, at its first regular
meeting in September after its election, a clerk of the council, who shall
hold office for a term of two years. He shall attend the meetings of the
council and keep its minutes and records and have charge of the corporate
seal. He shall keep all papers required to be kept by the council, shall
publish such reports and ordinances as are required to be published, and
shall perform such other duties as the council may from time to time
require. His compensation shall be fixed by the council. Any vacancy in
this office shall be filled by the council.

(17) There shall be appointed by the council at its first regular meet-
ing in September or as soon as practicable thereafter, a town sergeant,
who shall also be chief of police, and shall hold office for two years. His
duties shall be such as the council prescribes. He shall be vested with the
powers of a conservator of the peace. His compensation shall be fixed by
the council.

(18) The council may appoint or elect such other officers as may be
necessary, including a business manager for the town, and fix their sal-
aries and define their duties.

(19) The council may appoint a justice of the peace for the town,
who shall be clothed with all the powers and authority of other justices
of the peace within his territorial jurisdiction. The term of office of such
justice of the peace shall not be for a term beyond that of the mayor in
Office at the time of his appointment.