Chap. 26.—An ACT to amend and re-enact section 2 of article 1 of an act en-
titled an act to incorporate the town of Phoebus, in Elizabeth City county,
approved January 22, 1900; to amend and re-enact section 1 of ar-
ticle 2, as heretofore amended by an act approved February 20, 1908,
entitled an act to amend and re-enact section 1 of article 2 of an act
entitled an act to incorporate the town of Phoebus, in Elizabeth City
county, approved January 22, 1900; and to amend and re-enact sections
2 and 5 of article 2, section 1 of article 3, and section 1 of article 4 of
an act entitled an act to incorporate the town of Phoebus, in Elizabeth
City county, approved January 22, 1900. (H. B. 32.)

Approved March 2, 1914.

1. Be it enacted by the general assembly of Virginia, That
section two of article one, that section one of article two, as here-
tofore amended, that sections two and five of article two, that sec-
tion one of article three, and section one of article four of the char-
ter of the town of Phoebus, Elizabeth City county, be amended and
re-enacted so as to read as follows:

Article 1, Sec. 2. The said town shall be divided into four (4)
wards as follows:

The territory embraced between low water mark on Hampton
roads and Mill creek, including all wharves and piers; County
street from Mill creek to Curry street; Curry street from County
street to National avenue; National avenue from Curry street to
John’s creek, and John’s creek to low water mark in Hampton
roads, shall constitute the first ward.
The territory embraced between County, Curry and Mallory
streets and National avenue, shall constitute the second ward.

The territory embraced between a line commencing at the Na-
tional soldiers’ home gate, on National avenue, running thence
southerly to Mallory street, thence along Mallory street easterly to
County street, thence northerly along County street to Fulton
street, thence westerly along Fulton street to town limits, and
thence northerly and westerly along the boundary limits of the
town to point of beginning, shall constitute the third ward.

The territory embraced between the south of Fulton street and
east of County street from its intersection with Fulton street and
the corporate limits, shall constitute the fourth ward.

Article 2, Sec. 1. There shall be elected on the second Tuesday
in June, nineteen hundred and fifteen, and every two years there-
after, two electors from each of the said wards, who shall be called
councilmen of said town, and there shall also be elected at the same
time a mayor and treasurer, who shall also be electors of the said
town, and each of the said officers shall hold office for two yeary
and until their successors shall have been elected and have qualified.
A majority of the council shall constitute a quorum for the trans-
action of business, but no ordinance or resolution shall be adopted,
having for its purpose the appropriation of money for other than
current expenses, or for the borrowing of money except by the
concurrent vote of at least six (6) members of the council, and
upon the demand of one member the yeas and nays on such ordi-
nance or resolution shall be taken and entered upon the records of
the council. Should three or more electors from one or more wards
receive the same number of votes, at any election for councilmen,
or any two or more electors receive the same number of votes for
either the office of mayor or treasurer, then in such event the coun-
cilmen who are elected at such election shall organize and proceed
to determine by lot who shall be declared elected to the said offices,
respectively. The members of the said council shall be vested with
all the rights and powers conferred upon them by the general laws
of this State and by this act.

Article 2, Sec. 2. At the first meeting of each council, after
the members thereof shall have qualified, such council shall appoint
a recorder and a town sergeant, each of whom shall be electors of
the said town, and not members of the council. The officers so ap-
pointed shall hold office for two years, or until their respective
successors shall have been appointed and have qualified, subject
to the general laws and the powers of this charter as to removal
before the expiration of the term of office. The council shall fill
any vacancy existing in the offices herein named for the unexpired
term of such office.

The mayor shall be chief magistrate of the municipal corpora-
tion hereby created, and is vested with all rights, powers and
privileges conferred upon such officer by the general laws govern-
ing towns of less than five thousand inhabitants; and 1n clvil cases
that arise within the corporate limits, he shall have and exercise
all powers vested in a justice of the peace by the laws of this State.
The mayor shall be president of the council, and as such shall
preside at its meetings, but he shall have no vote, except that in
case of a tie, upon any question which may be before the council
for consideration the mayor shall have the casting vote. He, or
any three members of the council, may call special sessions of that
body.

The mayor shall receive for his services such a salary as the
council may deem proper, provided the same shall not exceed nine
hundred dollars ($900.00) per year, which salary shall be in full
compensation for all services and in lieu of all fees for the trial
of State and municipal offenses, but the mayor shall receive, in
addition to his salary, the fees allowed by law for the hearing of
civil cases; he shall tax and collect the usual fees for violation of
State and municipal laws prescribed by the statute, or by the
ordinances of the town; and all fees so collected shall be paid into
the town treasury monthly; and the mayor shall perform such other
duties as the council may prescribe in addition to the duties re-
quired of him by the general laws of this State.

It shall be the duty of the recorder to keep a fair and proper
record of the proceedings of the council, and to publish in such
manner as the council may indicate, the by-laws, ordinances and
resolutions that may from time to time be adopted. He shall, under
such ordinances and resolutions as the council may adopt, issue
licenses to all persons engaged in a pursuit, business, occupation,
calling, profession, or other purposes for which this act authorizes
a license to be required, and shall perform such other duties as
may be required of him by the council and by the provisions of this
act, for which services he shall receive such compensation as the
council may determine to be right and proper, not exceeding
seventy-five dollars ($75.00) per month. Before entering upon
the discharge of his duties, the recorder shall enter into a bond,
with security, to be approved by the council, in the penalty of five
hundred dollars ($500.00), payable to the town of Phoebus, Vir-
ginia, and conditioned upon the faithful performance of his duties.

The treasurer shall keep all funds and other moneys belonging
to the corporation, and pay out the same on the order of the council,
drawn by the mayor and attested by the recorder. The said treas-
urer shall be required to give bond before entering upon the dis-
charge of the duties of his office, with security to be approved by
the council, in the sum of five thousand dollars ($5,000.00), payable
to the town of Phoebus, Virginia, and conditioned upon the faith-
ful performance of his duties. He shall make to the council, at such
times as it may require, a statement of all his receipts and disburse-
ments. He shall receive no salary, but his compensation for the
performance of his duties shall be a commission of five percentum
of the moneys received by him under section one of article three of
this act. .

The town sergeant shall be a conservator of the peace, and, in
civil cases that may arise within the corporate limits of the town,
he shall be vested with all the power which the general laws of
this State confer upon constables; his jurisdiction as a police officer
shall extend one mile beyond the corporate limits. He shall possess
the like right of distress and power in collecting municipal taxes
possessed by a sheriff or constable in collecting State and county
taxes. All fees arising from the performance of his duties, other
than in civil matters, shall be collected by the mayor and turned in
to the treasurer of the town. He shall receive as the full compen-
sation for the discharge of his duties, other than those in purely
civil matters, such salary as may be prescribed by the council, not
exceeding seventy-five dollars ($75.00) per month. The sergeant,
before entering upon the discharge of his duties, shall execute a
bond, with security to be approved by the council, in the sum of one
thousand dollars ($1,000.00), payable to the Commonwealth of
Virginia, and conditioned upon the faithful discharge of his
duties, and the payment to the said town of all moneys and fines
collected and received by him by virtue of his office, and such bond
shall be recorded in the clerk’s office of the county court of Eliza-
beth City county. He shall perform such other duties as may be
required of him by this act and by the resolutions or ordinances
of the council; and he shall be subject to a removal by a vote of at
least six (6) members of the council for incompetency, misconduct,
or negligence of duty after reasonable notice.

Article 2, Sec. 5. The council shall have power to appoint such
police officers as to it may seem proper, and shall prescribe the com-
pensation for policemen; provided, that the salary of each shall not
exceed sixty-five dollars ($65.00) per month. Costs shall be
charged against persons arrested or summoned by such policemen
fcr violation of State statutes and town ordinances, as in cases of
arrest or summons by a sheriff, constable, or town sergeant, and
such costs shall be collected by the mayor and paid into the town
treasury.

Article 3, Sec. 1. The revenues of the said town, which shall
be under the control of the council, shall be derived from the fol-
lowing sources:

A tax on all of the property—real, personal and mixed—owned
within the corporate limits, except such as may be exempted from
State taxation, at a rate not exceeding sixty cents (60c) each year
for general purposes on each cne hundred dollars valuation thereof.

Taxes for town licenses for the sale of merchandise, and ardent
spirits; theatrical and circus companies; menageries, jugglers,
itinerant salesman, and all shows and exhibitions for which an
entrance fee is required; upon the business of commission merchants
living within or without the town and buying or selling therein;
upon the business of bankrupt and fire-sales, brokers, and pawn-
brokers; upon any and all other businesses, occupations, and pur-
suits upon which a license tax is levied by the State; and upon
such other business as may be lawful; and upon all wagons,
drays, carts, hacks, and other wheeled vehicles and delivery wagons
used for business within the town, whether the owners reside within
or without the limits thereof; upon slot machines; and upon dogs
and other animals.

A capitation tax not exceeding one dollar ($1.00) on each male
inhabitant over the age of twenty-one years, resident in the town,
who is subject to a State capitation tax.

Fines, penalties, and costs imposed for the violation or non-
observance of the ordinances, by-laws, and resolutions adopted pur-
suant to this act and to the general laws of this Commonwealth.

Assessments made for the improvement of the streets, avenues,
lanes, and alleys, or portions thereof, and for the construction and
maintenance of sewers in the said town, and its proportion of the
taxes received from property at Fort Monroe, as herein set out.

Article 4, Sec. 1. The assessment of real estate and personal
property in said town, shall be the same as the assessment thereof
for the purpose of State taxation, as provided by the general laws
of this State, whenever there shall be a State assessment of such
property. The capitation tax and the tax on personal property for
municipal purposes shall be a lien on any real estate possessed by
the person chargeable therewith, and such real estate shall be sub-
ject to sale for the non-payment thereof. The general laws of this
State concerning the assessment of taxes and the collections thereof,
shall govern the assessment and collection of town taxes, except as
ctherwise provided in this act.

All acts and parts of acts which are inconsistent with this act,
are hereby repealed.