Chap. 159.—An ACT to provide for the organization and government of
incorporated communities becoming cities of the second class by the
increase of their population to the number of 5,000, or more, when
they have been duly ascertained and declared to be cities in the man-
ner provided by law. (S. B. 77.)

Approved March 11, 1916.

1. Be it enacted by the general assembly of Virginia, That
whenever an incorporated community becomes a city of the
second class by the increase of its population to the number of
five thousand, or more, and is ascertained and declared to be
such a city in the manner provided by law, its charter, if it has
one, shall remain in full force and effect, except as hereinafter
otherwise provided, and its ordinances shall be the ordinances
of the city, in so far as they are applicable, until they are re-
pealed by the authorities of the city, and the officers of the town
shall be and continue the officers of the city until their successors
are elected or appointed and qualified, except as hereinafter. pro-
vided, and shall discharge all the duties and be subject to all
the penalties imposed by the said charter and ordinances and
by the general laws; such city shall become and be liable for the
bonded indebtedness and current debts and obligations of said
town, and shall be and become liable for the obligations or other
liabilities of said town, both in law and equity, arising out of
any plans or annexations theretofore consummated between the
town and any other territory, and said city shall faithfully ob-
serve, keep and perform every such liability, and the title to
all the property of said town, and its rights and privileges under
any contract, including all moneys belonging to said town, and
all its books, records, papers, and other things of value shall
vest in and become the property of the said city.

2. The mayor.—The mayor of the town shall be and con-
tinue the mayor of the city, shall receive the same salary and
fees, shall discharge all the duties, be vested with all the author-
ity and subject to all the penalties imposed on him by the charter
or the general law.

A vacancy occurring in the office of mayor shall be filled in
the manner prescribed by the charter, and if there be no pro-
vision in the charter for filling such vacancy, then such vacancy
shall be filled in the manner prescribed by the general law.

3. The council.—The council of the town shall be and con-
tinue the common council of the city and discharge all the duties
and exercise all the authority imposed on it by the charter and
by the general law. If the circuit court, or the judge thereof
in vacation, in his order shall prescribe a greater number to
compose the common council than the number composing the
council of the town, then the council shall, within thirty days
after the date of the order of said circuit court or judge, pro-
ceed to elect the additional members of the common council
necessary to fill out the number prescribed in such order, in the
manner prescribed for filling vacancies by section one thousand
and fifteen of the Code. All other vacancies occurring in the
common council shall be filled in the same manner.

4, The treasurer.—The treasurer of the town, if there be
one, shall be and continue the city treasurer. If there be nc
treasurer of said town, then the vacancy shall be filled by ap-
pointment by the circuit court having jurisdiction over suck
municipality or by the judge thereof in vacation.

The city treasurer, whether he be such by reason of having
keld the office of town treasurer or by appointment, shall nol
discharge any duties as city treasurer until he has given bond
in a penalty to be fixed by the common council of the city and
conditioned according to law to secure the faithful discharge of
his duties in connection with the collection and disbursement of
the city’s revenues, and also the bond required by section eight
hundred and fifteen of the Code with reference to the collection
and disbursement of the State revenues. The officer so appointed
shall qualify before the court or judge appointing him; provided,
that no treasurer in any city of the second class hereafter
established shall receive directly or indirectly as his total annual
compensation for his services, including all salaries, fees, com-
missions and allowances, whether derived from the State or the
city, an amount in excess of two thousand dollars annually. Any
sum in excess of two thousand dollars to which said treasurer
might otherwise be entitled by law in the way of fees, commis-
sions or allowances, shall be paid into the treasury of the city
to be expended-as other city funds. The duties of said treas-
urer shall include the handling of the revenues of said city from
all such sources as the council may direct.

5. The commissioner of revenue.—The commissioner of
revenue or assessor of the town, if there be one, shall be and
continue the commissioner of the revenue of the city, and dis-
charge all the duties imposed on him by the charter or by the
general law. -

If there be no commissioner of revenue or assessor of the
town, then the circuit court having jurisdiction over such muni-
cipality or the judge thereof in vacation, shall, within thirty
days after the town is declared to be a city, fill the vacancy by
appointment. The officer so appointed shall forthwith qualify
before the court or judge appointing him, or before the clerk
of the circuit court in his office.

6. The sergeant.—The sergeant of the town, if there be
one, shall be and continue the sergeant of the city, and dis-
eharge all the duties imposed on him by the charter or by the
general law. The duties and compensation of the sergeant shall
be such as is provided by law for the sergeants of towns.

All of the above mentioned officers shall serve until their suc-
cessors are elected and qualified. |

7. Terms of office at election after the town becomes a
city.— At the next general election of city officers, to be held on
the second Tuesday in June after the city is declared to be such,
a mayor and common council shall be elected for the city, whose
term of office shall begin on the first day of September succeed-
ing their election, and shall continue, that of the mayor for
four years, that of one-half of the council for two years, and
the other half of the council for four years.

Sec. 8. At the next general election of State officers
after the municipality is declared to be a city of the second
elass and succeeding the expiration of the regular term of office
of the existing municipal officers, to be held on the Tuesday
after the first Monday in November, when similar officers are
elected for other cities there shall be elected in such city a city
treasurer, commissioner of the revenue (if elected by the gen-
eral law) a justice of the peace, city sergeant and other officers
elective by the qualified voters, whose election is not otherwise
provided for by law, whose term of office shall begin on the
first day of January next succeeding their election, and continue
for four years, and until their respective successors have been
elected and have qualified; provided, however, that the com-
missioner of the revenue shall be elected or appointed, as the
general law may direct.

Sec. 814. County and court officers and notaries public.
The Commonwealth’s attorney, the clerk of the circuit court
and the sheriff of the county, of which the city is a part, whether
heretofore or hereafter elected or appointed, shall continue. to
exercise and have the same rights and privileges, and perform
the same duties, and have the same jurisdiction, and receive the
same fees therefor in such city as they did in such town before
such municipality became a city; and the qualified voters resid-
ing in such city shall be entitled to vote for said officers at the
general election for county officers and the wards of the city
shall be treated, for such election purpose as precincts of the
county, as if such city had not been declared to be a city of the
second class.

9. Other officers.—All other officers of the town shall be and
continue officers of the city until the expiration of the term for
which they were chosen, or until they are removed or their
offices abolished by the common council. The common council
may remove any of said other officers or abolish any of the
offices they hold. It may prescribe the duties of all officers and
also fix their compensation, if not otherwise fixed by law.

10. Courts.—When the municipality is declared to be a city
of the second class, such city, shall at once be, become and con-
tinue in every respect within the jurisdiction of the circuit court
of the county wherein it is situated, and there shall be one and
the same circuit court for such county and city. There shall
be for such county and city but one courthouse and county
clerk’s office, and the county clerk of the county shall continue
in ull respects as the clerk of such circuit court. Such court
shall continue to be known as the circuit court of the county
wherein such city is located; and such court shall have the
same jurisdiction in such cities, in all respects, as corporation or
hustings courts have in other cities, in so far as such jurisdic-
tion is applicable to cities‘of the second class.

11. Electoral board, justices of the peace, etc.—The court or
the judge in vacation shall, at or before the next term of his court,
appoint for said city an electoral board of three members, the
term of one of whom shall expire on the first day of March next
succeeding, the term of another to expire one year later, and
the term of the third to expire two years later than the term
of the first mentioned. He shall at the same time if necessary
appoint one city treasurer, one commissioner of the revenue, and
one city sergeant. The terms of all officers appointed by the
circuit court, or judge thereof, shall expire when their successors
are elected or appointed and qualify.

12... Division of the city into wards.—The common council
of the city, at its first meeting, or as soon thereafter as is prac-
ticable, shall examine and adopt or amend, according to the re-
quirements of law, the division of the city into wards which was
made by the order of the circuit court of the county in which
the town was located, under the provisions of section one thou-
sand and thirteen-a of the Code, if such division was so made by
said judge, and, if not so made, shall proceed to make such di-
vision. They shall establish a voting precinct in each ward.

At the first meeting of the common council after the election
of-a council, it shall proceed to divide the members into two
classes of equal number as near as may be, and proceed to com-
ply with the provisions of section one thousand fifteen-a of the

ode.

138. Assessment of real estate —When the commissioner of
the revenue of the city shall make application to the commis-
sioner of the revenue of the county or of the district thereof in
which the city is located, the said commissioner of the revenue
of the county shall furnish from his books a transcript of the
assessment of all real estate and personal property, and all poll
taxes assessed against persons located within the limits of said
city, for which transcript he shall receive the compensation pro-
vided by law, to be paid by the city, and on his books he shall
note that all such assessments have been transferred to said
city books.

14. Capitation taxes.—The treasurer of the county in which
said city is located shall furnish to the treasurer of the city a
certified list of all capitation taxes paid by residents of the ter-
ritory included within said city for the year then current and
for the preceding three years.

15. State, county and district levies.—All State, county and
district levies on property within the territory occupied by the
city that accrued before the city became such, shall be payable
to and collected by the county treasurer, and the proceeds of all
county and district levies on property within the said city shall
be held by the county treasurer subject to the rights of the city
to be adjusted in the manner hereinafter provided. |

16. Assumption of debt; adjustment.—Whenever a town
hereafter becomes a city, as herein provided, the city shall as-
sume and provide for the reimbursement of the county of a just
and reasonable proportion of any debt of said county existing
at the date the town becomes a city, and also for compensation
to any school district of which the said town was a part for the
city’s just and reasonable proportion of any debt existing on
the district at such date.
The common council of the city and the board of supervisors,
in the one case, and the said council and the district school trus-
tees, in the other case, shall make an equitable adjustment of
such debts, and the same shall be provided for as those bodies
shall determine and agree upon. In making such adjustment
the parties shall take into consideration the city’s just propor-
tion of money collected by the county treasurer under the preced-
ing section and of any unexpended balance in the county treasury
belonging to any fund to which the territory embraced in said
city has contributed, and shall take into consideration all other
equitable claims of the city, county and districts.

In the event of the failure of the parties aforesaid to make
such adjustment and to agree upon such terms, either party may
proceed against the other by a bill in equity in the circuit court
of the county in which the city lies for a proper adjustment of
such matter.

The costs and expenses of the circuit court of the county, in-
cluding jury costs, and the salaries of the judge and clerk of said
circuit court, and the clerk, Commonwealth’s attorney and sheriff
of the county, shall be borne by the city and the county in the
proportion that the population of each bears to the aggregate
population of the city and county.

The said expenses and costs shall include stationery, furni-
ture, books, office supplies and equipment for the court and
clerk’s office; also supplies, repairs and alterations on the build-
ings used jointly by the city and county, as well as insurance,
fuel, water, lights, etc., used in and about said building and the
grounds thereto.

The cost of any new building erected for the joint use of
the city and county shall be provided for in like manner.

17. Registrars and their duties.—On the appointment of the
electoral board for the city it shall appoint a registrar for each
voting precinct, and cause said registrars to transfer from the
county registration books to the city registration books of their
proper precinct the names of all duly registered voters of the
county who are residents of the city, and to open the registration
books of the city for the registration of voters; and such regis-
tered voter of the county or town so transferred shall become a
registered voter of the city and qualified as to.residence to vote
therein. All persons may register in said city at the same
time they could have registered in the town had no city govern-
ment been created.

18. Borrowing money; bonds.—The council for the city,
whenever, in the opinion of two-thirds of its members, it is to
the interest of the city so to do, may borrow money for the uses
and purposes of the city, and to that end the said council, by
recorded vote, showing that two-thirds of the members of the
council are of opinion that it is to the interest of the city so to
do, may from time to time issue and sell bonds of said city,
which bonds may be either registered or coupon, and shall be
issued in such denominations and bear such rate of interest, not
exceeding six per centum per annum, as may be determined by
the council. Such bonds shall be made payable in gold or cur-
rency, not exceeding fifty years from their date, and may at the
option of the council be made redeemable after such time as
the council may prescribe, with interest, which shall be payable
annually or semi-annually as the council may determine; and
the council may exempt any or all of such bonds from city taxes,
in which case a clause to that effect shall be inserted in each
bond. No bond so issued shall be sold by the city at less than
par. The treasurer shall endorse on each bond issued and sold
a certificate to the effect that the city has received the amount
of said bond from the holder; and when such certificate is so
endorsed upon said bond and signed by the treasurer, the pur-
chaser or any subsequent holder shall not be required to see to
the proper application of the money by the city.

All bonds issued by virtue of this section shall be signed by
the mayor and countersigned by the clerk of the council, and
shall have the seal of the city affixed thereto. The said bonds
shall be issued and sold and the proceeds used under the order
of the council. Every bond issued by the council shall state on
its face for what purpose it was issued, and the proceeds of
such bonds shall be applied exclusively to the purpose for which
such bonds were issued; and provided always, that no bond shall
be issued or sold for the purpose of subscribing to the stock of
any company incorporated for internal improvement. The bond-
ed debt of the city including the bonded debt of the town or towns
from which the city was created, shall at no time exceed in the
aggregate the limit prescribed by the Constitution.

19. Authority to city to provide by condemnation, etc.,
water, light, heat and fuel.—In addition to the authority given
by the general laws to cities, a city organized under the provi-
sions of this act shall be authorized and empowered to acquire
by purchase, condemnation or otherwise, or to construct, own
and operate its own plant, machinery and eqipment for supply-
ing its inhabitants, streets, grounds, and buildings with water,
light, power and fuel, and to that end it may acquire any plant
existing in or near said city, and may acquire land and franchises
outside of the limits of said city, and may buy, purchase and
acquire easements and rights of way.

20. Taxes.—The city shall have the right to levy and col-
lect all taxes on property and all license taxes which are author-
ized by its charter or which cities of the second class are author-
ized by general law to levy and collect; provided, that such levy
on property shall not exceed the limits fixed by its charter, and
if its charter fixes no such limit, then not to exceed for city
purposes, two dollars on the one hundred dollars of value of
such property, which shall include a levy for school purposes
not exceeding fifty cents on the one hundred dollars of value of
such property.

21. Provisions as to control of licensing bar-rooms, et cetera,
remain in force——Whenever the charter of the town contains
provisions for the regulation and control of the licensing of bar-
rooms or the regulation of the sale of intoxicating liquors, such
charter provisions, in so far as they prescribe restrictions in
addition to those prescribed by the general law, shall remain in
full force until repealed or amended by law. In all other re-
spects, when the charter is in confiict with the general law ap-
plicable to the government of cities of the same class, the general
law shall prevail. ,

22. Does not affect any city heretofore declared to be such;
nor in case of amendment to its charter.—This act, shall in
no way affect the organization, government, officers, charter, or
laws governing any city heretofore declared to be such, under
the former acts of the general assembly but as to such cities the
statutes under which they were organized as cities shall continue
in force; nor shall this act be applicable to any such city in case
its charter or by-laws are hereafter amended, but shall only
apply to such cities as have been or may be declared to be such
after the first day of January, nineteen hundred and sixteen.

Any such city shall continue to be and remain a part of the
congressional district; the senatorial and legislative districts re-
spectively and of the judicial circuit wherein such city is geo-
graphically located.

23. An emergency existing by reason of proposed and pend-
ing proceedings for the incorporation as cities of the second
class of certain towns in the Commonwealth containing a popula-
tion of less than ten thousand inhabitants which demands that
this act become at once effective, this act shall be in full force
and effect from and after its passage.