Chap. 32.—An ACT to provide for the transition of municipalities from the
grade of cities of the second-class to the grade of cities of the first-class.

Approved February 17, 1906.

1. Be it enacted by the general assembly of Virginia, When-
er any city of the second-class first attains a population of ten thousand
habitants or more, as shown by any legal census heretofore or here-
'ter taken, such city shall be deemed to have become, ipso facto, a city of
i first-class as of the date of the proclamation of that fact by the gov-
nor as provided for in section two of this act.

2. Whenever, by any local census authorized by law and heretofore or
vreafter taken, it appears that a city has, since the last preceding local.
tate or federal census attained a population of ten thousand inhabitants
r more, it shall be the duty of the judge of the corporation court of
wh city (or, if there be no such court, then the judge of the circuit
wurt having jurisdiction over such city) to promptly enter that fact of
ord by an order, to be recorded in one of the order books of his court.
{ the expiration of the period of sixty days next after the return by the
ndge to the city council of the result of such local census in accordance
ith the provisions of the act approved December twenty-second, nine-
«n hundred and three, entitled “an act authorizing the councils of cities
» have a legal enumeration of their popuiation,” or of any amendment
hereof (whether such return be heretofore or hereafter made), or at the
‘piration of sixty days next after the final announcement of the
sult of any other local census taken according to law; or in case a
upersedeas to such final return or announcement of any local census be
btained as provided in section three of this act. then, and in that event.
t the expiration of ten days after the final decree of the appellate court
isposing of such supersedeas and confirming the fact that such city has
‘n thousand inhabitants or more, the said judge shall certify to the sec-
etary of the Commonwealth the fact that such city has ten thousand in-
abitants or more; but should such appellate court in and by its decree
isposing of such supersedeas wholly sct aside such census, or decide and
old that such city has not as much as ten thousand inhabitants, then
uch city, until otherwise determined by some subsequent legal census,
shall continue a city of the second-class, and no such certificate as herein -
before provided shall be sent by such judge to the secretary of the Com-
monwealth. Upon receipt of such certificate furnished as hereinbefore
provided, the secretary of the Commonwealth shall file and preserve the
same among the records of his office, and shall report to the governor at
once, and to the general assembly at its next succeeding session, the fact
of such city having become on the date specified in such certificdte a city
of the first-class ; of which fact the governor, upon receiving such report,
shall at once make proclamation. From and after the date of such proc-
lamation all legislative, judicial, and executive bodies and officers in the
Commonwealth shall take official cognizance that such city has become and
is a city of the first-class, of the fact of which transition the said proc-
lamation shall be conclusive evidence.

3. On the petition of the Commonwealth filed by the attorney-general,
or of such city, accompanied by a certified copy of the record, the su-
preme court of appeals, or any one of the judges thereof in vacation,
may, at any time within the period of sixty days specified in section two
of this act, but not afterwards, grant a writ of error, or appeal, and super-
sedeas to the official return or announcement of any local census authorized
by law to be taken in any city of the second-class. Such writ of error, or
appeal, and supersedeas shall be promptly heard and finally disposed of
by the supreme court of appeals at its then existing (or if it be in vaca-
tion, then at its or next succeeding) session (regardless of the place of ses-
sion) immediately after disposing of the criminal cases and appeals from
the corporation commission. upon the docket of said court and ready for
hearing. The said appellate court, in its decree disposing of such super-
sedeas, shall declare the true and correct population of such city as shown
by such local census, after correcting any such errors in such census as
may appear to have been made therein, or shal] wholly set aside such local
census in event it be vitally affected by one or more fatal defects incapable
of correction by said appellate court. Such decree disposing of such
supersedeas shall be forthwith certified by the clerk of the appellate court
to the clerk of the corporation court of such city (or in event there be no
such court, then to the clerk of the circuit court having jurisdiction over
such city), and the clerk to whom such final decree of the appellate
court is so certified shall immediately upon its receipt record the same
in one of the order books of his court. .

4. Should there be a corporation court of such city existing at the time
of such transition, such court shall thereupon become a regular corpo-
ration court of a city of the first-class, and its then existing judge shall
thereupon become and continue the judge of such court as 9 corporation
court of a city of the first-class for a period corresponding with unex-
pired portion of his then existing term, and he shall have rank and pay
at the rate of twenty-five hundred dollars ($2,500.00) per year as a regu-
lar judge of the corporation court of a city of the first-class from the date
of such transition, which salary (unless an appropriation for the payment
thereof by the State shall, in the meantime, have been made by the general
assembly in anticipation of such transition) shall thereafter be paid to
him monthly by such city until the adjournment of the next succeeding
session of the general assembly; but one-half of the salary so paid by
such city shall be refunded to it by the State as soon as the necessary
appropriation therefor shall be made. After such next succeeding ses-
sion of the general assembly the said salary shall be paid to the judge
directly by the State in the same manner and subject to the same condi-
tions and provisions as in the case of the salaries of other judges of the
corporation courts of cities of the first-class.

5. Should there be no corporation court of such city existing at the
time of such transition, then such city shall remain without a corporation
court until the same shall have been established by the general assembly at
its next succeeding session; but the circuit court having jurisdiction over
such city prior to said transition shall continue to have jurisdiction over
it after such transition until otherwise provided by law.

6. Upon the occurrence of such transition it shall be the duty of the
council of such city existing at the time of such transition to prescribe
by ordinance (to be approved by the mayor or passed over his veto as pre-
scribed by law), within ninety days next after such transition, the number
of members within the limits prescribed by law, who.shall compose the
upper and lower chambers respectively of the new city council, and to
apportion such members among the wards of the city so as to give, as far
as practicable, to each ward equal representation in each chamber in pro-
portion to the population of such ward. Upon the failure of the council
to perform such duty within said period it shall become the duty of the
corporation court of such city (or, if there be none, then of the circuit
court having jurisdiction over such city), or the judge thereof in vaca-
tion, by order entered of record in such court to forthwith prescribe the
membership of such new council and apportion the same as aforesaid.

7. The number of members to compose the two chambers of the new
council, respectively, and the apportionment thereof among the several
wards of the city, when once fixed as provided by section five of this act,
shall not thereafter be changed except in the manner provided by statute
for changing the membership of councils and the apportionment thereof
in other cases.

8. Whenever the charter of a city of the second-class shall in the mat-
ter of the election, apportionment, qualification, term, duties or compen-
sation of any public officer (whether State or municipal), or in the matter
of the establishment of any office (whether State or municipal), conflict
therein with the general law applicable to cities of the first-class, then
such general law, upon the transition of such city from the second to the
first-class (and thereafter until otherwise provided by act of the general
assembly passed after such transition), shall prevail and take effect as to
such city, and such provisions of the city charter existing at the time of
such transition conflicting in the matters aforesaid with said general
law shall, upon such transition, become, and thereafter remain, inoperative
and of no effect.

9. Should such transition occur more than four months before the next
succeeding regular election for the city council, or should there be no suf-
ficient time after such transition to provide for the election of a two-
chambered council at such next succeeding regular election, then, and in
either event, upon the adoption of the ordinance required by section six of
this act, and its approval by the mayor or passage over his veto, or upon
the entry of the court order, in lieu of such ordinance, as prescribed by
said section six, it shall be the duty of the corporation court of such city
(or, if there be none, then of the circuit court having jurisdiction over
such city), or of the judge of such court in vacation, to forthwith enter
an order upon the records of such court directing the holding within not
less than twenty nor more than thirty days next after the date of such
order of a special election in such city at which all the members of both
chambers of the new city council shall be elected. Such orderg shall
designate the number of councilmen and aldermen for whom the electors
in each ward shalt be entitled to vote, and shall designate the day upon
which such election shall be held.

10. It shall be the duty of the sergeant of such city to promptly pub-
lish notice of such special election in accordance with the said order of
the court or judge by posting the same for not less than twenty days at
each polling place in such city and at the door of the city hall, and by
publishing the same for at least two weeks in every issue during that
period of some newspaper of general circulation published in such city.
if there be any, the reasonable cost of which publication shall be certified
by the sergeant to the city council, which shall provide for the payment
thereof out of the city treasury.

11. Except as otherwise expressly provided herein such special election
shall be held by the same officers and in the same manner, and its results
ascertained, certified, and recorded, and the expenses thereof borne and
paid, in the same manner as in the case of regular municipal elections ;
and the person elected thereat shall, within five days next after such spe-
cial election, qualify before the mayor of such city or the judge of the
corporation court, or of the circuit court, having jurisdiction over such
city, and shall hold their respective offices until the next regular election
for the members of the city council and until the city council elected at
such next regular election shall go into office. Should any person elected
at such special election fail to qualify within the said period of five days.
his office or seat shall thereupon become vacant, and shall, at the first
meeting of the chamber to which he was elected, be filled by those mem-
hers thereof who shall have qualified within said period, whether such
members constitute a majority of the membership of such chamber or not.
Should all of the members of either chamber fail to qualify within the
said period of five days, then the entire membership of such chamber shal?
forthwith be filled by appointment of the judge of the corporation court
of such city, or if there be no such court, then by the appointment of the
judge of the circuit court having jurisdiction over such city. The old
council existing at the time of such transition shall cease to exist, and
shall become functus officio at the end of five days next succeeding such
special election; and the new council shall then forthwith go into office
and organize, and thereafter, except as herein otherwise expressly pro-
vided, such new council shall have all the powers and be subject to all
the provisions of law applicable to two chambered councils clected at regu-
lar elections.

12. At the first regular election for members of the city council held
after such transition all the members of both chambers of the new coun-
| shall be elected, and shall go into office on the first day of the next suc
cding September; and at the first meeting of such new council afte
ch regular election each chamber shall make provision for the subse
ient election, every two years, of one-half of the membership of suck
amber in the manner prescribed by the general law for the first assem.
ving of city councils after the twentieth day of May in the year on
ousand nine hundred and three.

13. Except as otherwise provided in this act, the mayor, city council
l all public officers existing at the time of such transition shall there
ter continue to exercise their functions until their successors shall have
en elected, or appointed, and qualified.

14. Where any office not theretofore elective by the people shall by
ason of such transition become so elective, then (unless in the mean.
me, and after such transition, such office shall have been filled at thi
ular election therefor by the people) the new city council shall by «
ajority of vote on joint ballot, at its first session, fill such office unti
ie next regular election by the people for such office.

15. This act shall not apply to any city whose government has hereto
re been fully organized under special act as that of a city of the first
ass, nor shall sections five, six, eight, nine, and ten of this act apply t«
ay city which at the time of such transition may already have a counci
mposed of two chambers.

16. Existing conditions create an cmergency, necessitating the promp
ung into effect of this act: therefore this act shall be in force from it
ASsAge,