CHAP. 177.—An ACT to amend and re-enact sections four, twelve, the first
sub-section of section twenty-three, sections fifty-three and seventy-
six of the charter of the city of Portsmouth, approved March tenth,
nineteen hundred and eight, in reference to the time of election of
councilmen, the number of councilmen, the power to establish and
enlarge water works, printing of ordinances, the pay of councilmen and
other city officers, and to add to the said charter a new section, to be
known as section thirty-two-a, in reference to the issue of bonds.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
sections four, twelve, fifty-three and seventy-six of the charter
of the city of Portsmouth, approved March tenth, nineteen hun-
dred and eight, in reference to the time of the election of coun-
cilmen, the number of councilmen, and the printing of ordinanc-
es be amended and re-enacted so as to read as hereinafter fol-
lows; and to further amend the said charter by adding a new
section, to be known as section thirty-two-a, 1n reference to the
issue of bonds as hereinafter follows:

$4. The mayor and council shall be elected on the second
Tuesday in June, immediately preceding the expiration of the
terms of office of their predecessors, for a term of four years,
and their said terms of office shall begin on the first day of
September succeeding. The election of the first council under
this act shall be on the second Tuesday in June, nineteen hun-
cred and fourteen, and their terms shall begin on the first day
of September succeeding; provided, that the terms of all coun-
cilmen which will expire on the first day of September, nineteen
hundred and twelve, are extended to the first day of September,
nineteen hundred and fourteen. Eut upon the first assembling
of the council under this act the members of each branch there-
of shall be divided into two equal classes, to be determined by
lot, and the term of members of the first class shall be two years,
and that of members of the second class shall be four years, and
thereafter the terms of all of the members shall be four years,
so that one-half of each branch shall be elected every two years;
provided, however, that in cases where the total membership of
a branch is uneven, provision may be made in such division into
classes tor the assignment of the odd number to one of such
classes; and provided, that all elections to fill vacancies in any
council shall be for the unexpired term. All other elective of-
ficers provided for by this charter, or hereafter authorized by
law, shall be elected on the Tuesday after the first Monday in
November, and their terms of office shall begin on the first day
of January succeeding, except that the terms of office of clerk
of courts shall begin coincidentally with those of the judges
of their respective courts.

§12. The council shall consist of two branches, having a
different number of members in each. The common council
shall be composed of not less than two members from each ward,
and the board of aldermen shall be composed of not less than
one member from each ward, and there shall not be less than
six wards in the city. The members of each branch of the coun-
cil shall be residents of their respective wards and qualified
voters therein, and shall be elected by the qualified voters of such
wards. As far as practicable, each ward shall have equal re-
presentation in the council and in each branch thereof in pro-
portion to the population in such ward.

§53. No ordinance hereafter passed by the city council, for
the violation of which any penalty is imposed, shall take effect
until the same shail have been published for five days succes-
sively in one or more of the daily papers published in said city,
or other local papers as may be deemed necessary, or by posters
in said city, to be designated by said council; a record or entry
made by the clerk of said city, or a copy of such record or entry,
duly certified by him, shall be prima facie evidence of the time
of such first publication; provided, however, that this require-
ment shall not apply to new or amended ordinances which may
be contained in future codifications of the city ordinances, but
all such new and amended ordinances shall take effect after the
said codification shall have been printed in book form and no-
tice of that fact and that the same may be seen at the office of
the city clerk shall have been published for five successive days
in one or more daily newspapers published in the city of Ports-
month. It shall have the power to make such ordinances, by-
laws, orders and regulations as it may deem desirable to carry
out the following powers which are hereby vested in it.

First. Waterworks.—The said city shall also have the power
to contract with any other city in this State for the use of its
own water supply, or the water supply of such other city, in
whole or in part, upon any terms, as may be agreed upon; and
may contract for the sale of water, either within or without the
city limits, and collect such rates of charges for the use thereof
as it may deem proper, or as may be agreed upon with any other
city under the provisions hereof, or any other law of this state.
To establish or enlarge water works, within or without the
limits of the city, contract and agree with the owners, whether
the same be individuals, private corporations, or public service
corporations, of any land, water, water rights or easements,
for the use or purchase thereof, or may have the same condemn-
ed for the location, extension or enlargement of their said works,
the pipes connected therewith, or any fixtures or appurtenances
thereof. They shall have power to protect from injury by ade-
quate penalties, the said works, pipes, fixtures and land, or
anything connected therewith, within or without the limits of
the city, and to prevent the pollution of the water, by prohib-
iting the throwing of filth or offensive matter therein, or its
pollution in any other way, or in any other place where the
water may be affected thereby; and such prohibition may be en-
forced by proper penalties; provided, however, that the council
of said city may, by ordinance passed in conformity with sec-
tion seventeen of this act, delegate the powers conferred upon
it by this act, or by any other act of the general assembly of
Virginia to establish or enlarge water works within or without
the limits of the city, contract and agree with the owners of
any land, water or water rights or easements for the use or pur-
chase of the same, or to have the same condemned for the loca-
tion, extension, or enlargement of the said works, the pipes
connected therewith or any fixtures or appurtenances thereof;
as well as all the power of eminent domain which has been, or
may be conferred upon it by this act or any other act, or by the
general laws of the State for the purpose of establishing and
operating a system of waterworks, to the board of water com-
missioners of said city, created by an act of the general assem-
bly of Virginia, entitled ‘an act to authorize the city of Ports-
mouth to issue bonds to establish water works to furnish a
supply of water, and to create a board of water commissioners
to establish a system of water works.” approved March sec-
ond, nineteen hundred and ten: provided, further, that the said
board of water commissioners, in carrying into effect the powers
so delegated to it, shall not make or incur any expenditures
which in the total aggregate more than the amount of the pro-
ceeds of the bonds authorized by the act of the general assembly
of Virginia, approved March second, nineteen hundred and ten,
creating said board. All laws, regulations, and ordinances of
the city council may be read in evidence in all courts of justice,
and in all proceedings before any officer, body, or board in which
it shall be necessary to refer thereto, either from a copy thereof,
certified by the city clerk, or from the volume of ordinances
printed by authority of the city council.

§32-a. The city council of the city of Portsmouth shall have
power, and authority is hereby given to it, to issue, from time
to time, bonds or other interest bearing obligations for the pur-
pose of borrowing money to carry into effect the purposes and
objects authorized by the charter of said city; provided, how-
ever, that no such bonds or other interest bearing obligations
shall be issued except upon an ordinance, passed by a recorded
affirmative vote of two-thirds of all the members elected to each
branch of said council, setting forth the purpose for which the
said bonds or interest bearing obligations are to be issued, the
length of time for which they are to be issued, which time shall
not exceed thirty years, and the rate of interest, which shall not
exceed six per centum per annum.

2. An emergency existing by reason of the fact that the
election of some of the councilmen will take place on the second
Tuesday in June, nineteen hundred and twelve, unless this act
shall take effect before that time, this act shall take effect from
its passage. —

§76. The city council shall grant and pay to the members
of said council and to all city officers, clerks and assistants,
elected or appointed under or in pursuance of this act such sala-
ries or compensation as shall be fixed by ordinance of the city.