CHAP. 392.—An ACT to amend and re-enact an act entitled an act to pro-
vide for a change in the form of government of cities having a popt-
lation of less than 100,000, and of towns, and to provide in what
manner such cities and towns may adopt such form of government,
approved March 18, 1914. S. B. 174.)

Approved March 20, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to provide for a change in the form of gov-
ernment of cities having a population of less than one hundred
thousand, and of towns, and to provide in what manner such
cities and towns may adopt such form of government, approved
March thirteenth, nineteen hundred and fourteen, be amended
and re-enacted so as to read as follows:

Section 1. Cities and towns affected by the act—Any city
of this Commonwealth with a population of less than one hun-
dred thousand, or any town therein, organized under general
law or with special charter, may change its form of government
in compliance with the provisions of this act, by proceeding as
hereinafter provided.

Sec. 2. Provisions for the submission of the question of
change of form of government to the electors.—Upon the peti-
tion of electors, equal in number to at least ten per cent. of those
qualified to vote at the last preceding general election at which
a mayor or council was elected, and specifying the particular
form of government permitted under this act, and which they
wish to adopt, including the number of councilmen, and whether
they to be elected at large or by wards, and whether they are
to receive compensation tor their services or not, presented to
the circuit court having jurisdiction over such city or town, or
to the judge thereof in vacation, asking that an election be held
as herein provided, such court, or judge, shall pass an order.
entered in term time or vacation, directing the proper election
officers of such municipality to take such steps and prepare such
means as may be necessary to suomit to the qualified voters of
such municipality for determining the question whether such
proposed change in the form of government shall be adopted or
not; and the court or judge shall make such order as may be
proper to give due publicity to such election, the same to be held
not less than thirty nor more than ninety days after the entry
of the order by the court or judge. If there be no-circuit court
in any such city, then such petition shall be presented to the
corporation or hustings court or judge thereof in vacation. Ac-
companying the petition of said electors there shall be a certifi-
cate from the clerk in whose office there is now required to be
filed a list of qualified voters, which shall show the number of
persons qualified to vote at the last preceding regular June elec-
tion for municipal officers. If the list so filed in the office of such
clerk shall not contain the names of persons who are not required
to pay their poll tax in order to vote, then there shall likewise ac-
company such petition a certificate from the registrars giving
the number of persons who were qualified to vote at said election
and not on the list filed with such clerk.

Such election shall be conducted in the manner prescribed by
law for the conduct of regular elections and by the regular elec-
tion officers of such municipality. The election shall be by secret
ballot, and the ballots used shall contain the following “for pro-
posed change in form of municipal government;” “against pro-
posed change in form of municipal government;’ and the draw-
ing of a line through the words “for” or “against” or any part
thereof, shall be sufficient to indicate the wishes of the persons
voting. Returns of the election shall be certified by the com-
missioners of election, or their clerk, to the court, or to the
judge thereof in vacation; and if it shall appear that a majority
of the qualified voters authorized to vote at such election shall
not vote for such proposed change, an order shall be entered of
record accord ngly, and no other election for any change in the
form of government of such city, or town shall be held within
two (2) years after such election; but if a majority of the elec-
tors qualified to vote at such election, shall vote in favor of
such proposed change in the form of government, the court or
judge thereof, shall enter an order accordingly, a copy of which
shall be forthwith certified by the clerk of such court to the coun-
cil of such city or town for recordation upon its journal. Should
there be more than one (1) petition filed with the court or judge,
asking for the adoption of different provisions of this act, he
shall order an election upon the plan having the greatest number
of voters petitioning for the same.

Any such election may be contested and the proceedings for
all such contests shall conform, as near as may be, to the pro-
visions of section five hundred and eighty-six-a of the Code.

Sec. 3. The election and. terms of officers under this act.—
The election of the mayor and the members of the council of any
town adopting such change in its form of government, shall be
held at the next regular election for mayor and members of the
council of such town; and the mayor and members of the coun-
cil so elected shai enter upon their duties upon the first day oi
September following their election, and shall serve until their
successors shall have been elected and shall have duly qualified.
The terms of mayor and members of town council elected here-
under, and their successors shall be for a period of two (2)
years, and until their successors shall have been elected and
qualified.

The election of the members of the council of any city adopt-
ing such change in its form of government, shall be held at the
next regular election for mayor and members of the city coun-
cil for such city ; and the members of the council so chosen shall
enter upon their duties on the first day of September following
their election, and shall serve for a term of four (4) years and
until their successors shall have been elected and shall have quali-
fied. And the terms of all hold-over members of the council
shall cease and be determined on said first day of September fol-
lowing said election. If, however, more than two (2) years sha
elapse between such special elections adopting such change in
the form of government in such city, and the next regular elec-
tion for mayor and council, then the election of the members of
the council herein provided for shall be held at the next regular
June election for members of the council for such city; and the
members of the council so chosen shall be elected for a term of
two (2) years, commencing on the first day of September fol-
lowing the election. The terms of the councilmen who would
otherwise hold over shall cease and be determined on that date:
but the next regular election for councilmen shall be for a full
term of four (4) years, and until their successors shall have been
elected and have qualified. The terms of the councilmen suc-
ceeding those elected hereunder shall be for a period of four
(4) years, and until their successors shall have been elected and
have qualified, the election for the same to be held at the time
and in the manner provided for by general law.

If any vacancy occur in the membership of any council herein
provided for, the remaining members shall fill said vacancy for
the unexpired term. Provided, however, that should either the
plan of government cet out in section six-b and described as
“Modified Commission Plan,” or the plan set out in section six~<
and described as “City Manager Plan,” be adopted, then the
first election to be held thereunder shall be at the regular Jun
election for mayor and members of the council; the officers =
chosen shall enter upon their duties on the first day of Septem:
ber following and shall serve for a term of four (4) years anc
until their successors shall have been duly elected and shall have
qualified. And the terms of all the members of the old counci
of such cities, whether they be held-over members or not, shal
cease and be determined on said first day of September following
such election.

Sec. 4. Applying the existing law and ordinances to the
cities and towns governed under this act. All laws governing
cities and towns nof inconsistent with this act, and all special
charter provisions, not inconsistent herewith, shall remain in
force and effect and apply to and govern cities and towns or-
ganized under this act. All by-laws, ordinances and resolutions,
lawfully. passed and in force in any such city or town under its
former organization, shall remain in force until altered or re-
pealed by the council elected under the provisions of this act.
The territorial limitations of such city or town shall remain the
same as under its former organization, and all rights and prop-
erty of any description which were vested in any city or town
under its former organization shall vest in the same under the
organization herein contemplated and no right or liability either
in favor or against it, existing at the time, and no suit or prose-
‘cution of any kind shall be affected by such change, unless other-
wise provided for in this act.

Sec. 5. Council of towns; how constituted.—Every town
shall be governed by a council composed of the mayor and two
councilmen, or the mayor and four councilmen, to be elected at
large; the councilmen to receive compensation or not, and the
mayor 9 salary cr fees »s now prcvided by law, °czording to
the particular plan adopted. The mayor shall be the presiding
officer of said council, and entitled to a vote or all matters. Th's
shall be known as the general councilmanic plan for the gov-
ernment of towns.

Sec. 6-a. Councils of cities; how constituted; general coun-
cilmanic plan.—In every city, the population of which does not
exceed ten thousand (10,000), there shall be a council composed
of three (3) or five (5) members to be elected at large, and to
receive compensation or not, according to the particular plan
adopted. (b) In every city, the population of which exceeds
ten thousand (10,000), and does not exceed twenty thousand
(20,000), there shall be a council composed of three (3), five
(5), or seven (7) members, to be elected at large or by wards,
and to receive compensation or not, according to the particular
plan adopted. (c) In every city, the population of which ex-
ceeds twenty thousand (20,000), and does not exceed thirty
thousand (30,000), there shall be a council composed of three
(3), five (5), seven (7), or nine (9) members, to be elected at
large or by wards, and to receive compensation or not, accord-
ing to the particular plan adopted. (d) In every city, the popula-
tion of which exceeds thirty thousand (30,000), there shall be
a council composed of three (3), five (5), seven (7), nine (9),
or eleven (11) members to be elected at large by wards, and to
receive compensation or not, according to the particular plan
adopted.
The council of each city shall select from their own number
a presiding officer, who shall be designated as the president of
the council. If the petition for the adoption of the provisions of
this act shall ask that the councilmen be adopted by wards, and
the same be adopted, the old council shall forthwith proceed to
lay the city off into wards, allowing one councilman to each ward,
the population of each ward to be the same as near as practi-
cable; provided, however, that should there be more than five
(5) councilmen, and the ward system of representation be
adopted, then the members in excess of five be elected at large.

Sec. 6-b. Modified commission plan.—In every city adopting
this plan the legislative, executive and administrative powers
of the city shall be exercised by a council consisting of three
(3) or five (5) members, elected in either case for a term of
four (4) years. With the exception of those officers whose elec-
tion by popular vote is required by the Constitution of the State,
the members of the council shall be the only elective officers cf
the city. The council shall elect one of its members, who shall be
designated as mayor, to preside over the meetings of the council.
He shall have all the rights and duties of a councilman, but shall
have no veto power. The council shall be elected at large. The
council shall divide the administration of the city into depart-
ments, and determine and prescribe the jurisdiction and duties
of each department, and the powers and duties of the officers
and employees therein, and make such rules and regulations for
the conduct of each department as it may deem desirable for
the purpose of securing efficiency and economy in administration.

Division of administrative duties——The council shall from
time to time designate and assign the particular administrative
duties of each of its members, and each member of the council
shall be designated for particular service as the head of a depart-
ment, or departments, over which he shall have special oversight
and direction, subject to the provisions of this act and the or-
dinance of the council. Such designations and assignments may
be changed whenever desired by the council, and during any tem-
porary disability or absence of a councilman, the council may
designate another member to act until the disabled or absent
councilman shall resume his duties.

Appointive officers.—The council shall at its first meeting.
or as soon thereafter as practicable, determine what appointive
officers are necessary for the proper and efficient administration
of the city, and shall prescribe the qualifications, powers and
duties of such officers and fix their compensation. The council
shall forthwith, or as soon as desirable, make appointments to
fill such offices. All other employees of the city shall be employed
by the council or under its authority. Any officer, or employes.
whether appointed by the council, or under its authority, may be
removed by the council at any time, except as especially provided
by law; the councilman designated as the head of a department
shall have power of removal of any officer or employee in such
department.

Powers and duties of the mayor.—The mayor shall attend
the meeting of the council and preside thereat; he shall have the
same power as a councilman, to vote upon all matters coming be-
fore the council, but shall have no veto power. It shall be the
duty of the mayor to acquaint himself with the conduct of each
of the city departments (in addition to those under his imme-
diate supervision) and from time to time report to the council
thereon, with such recommendations as he shall deem desirable.

Sec. 6-c. City manager plan.—Under this plan all the legis-
lative powers of the city, however conferred or possessed by it.
are hereby vested in a council of three or five members, in cities
of ten thousand inhabitants or under, and of from five to eleven
in cities of above ten thousand inhabitants. Said council to be
elected at large for a term of four years, and shall have the duty
of appointing a city manager, who need not be a resident of the
city, or of the State. The council shall elect one of its members
to preside over its meetings, who shall be ex-officio mayor. He
shall have the same powers and duties as other members of the
council with a vote but no veto; and he shall be the official head
of the city. With the exception of those officers required by
the Constitution of the State to be elected by popular vote, the
members of the council shall be the only elective city officials.

City manager; administrative and executive powers.—The
administrative and executive powers of the city, including the
power of appointment of officers and employees, are vested in
an Official to be known as the city manager, who shall be ap-
pointed by the council at its first meeting, or as soon thereafter
ys practicable, and hold office during the pleasure of the council:
or for a term of three years unless sooner removed by the council
upon proven charges preferred for malfeasance or misfeasance,
neglect of duty or incompetency. And the council may reap-
point said city manager for a term not exceeding six years, but
who shall be supject at all times to removal by the council on
proven charges of malfeasance, misfeasance, neglect of duty or
incompetence, he shall receive such compensation as shall be
fixed by the council by ordinance.

General duties of city manager.—(1) The city manager
shall see that within the city the laws, ordinances, resolutions
and by-laws of the council are faithfully executed. (2) At-
tend all meetings of the council, and recommend for adoption
such measures as he shall deem expedient. (3) Make reports
to the council from time to time upon the affairs of the city;
keep the council fully advised of the city’s financial condition
and its future financial needs. (4) Prepare and submit to the
council a tentative budget for the next fiscal year. (5) He
shall perform such other duties as may be prescribed by the
-ouncil not in conflict with the foregoing, and shall be bonded
as the council may deem necessary.
Appointment of city officers and employees.—Such city offi-
cers and employees as the council shall determine are necessary
for the proper administration of the city shall be appointed, and
may be removed by the city manager, except those in the finan-
cial, legal and judicial departments and the clerical and other
attendants of the council; but the city manager shall report each
appointment and removal to the council at the next meeting
thereof following any such appointment or removal.

Sec. 7. The mayor; how elected; term of office.—In every
city there shall be a mayor, who shall be elected at the time and
in the manner and for the same term as now provided by law.
This section shall not apply in the case of cities adopting pro-
visions of section six-b and six-c of this act; in such cases
provisions of said sections shall apply. In every town there
shall be a mayor elected for a term of two years, at the time
and in the manner set forth in the act.

Sec. 8. Powers and duties of the council.—Except as modi-
fied by section six-b and section six-c for cities adopting the plan
of government there stated, the council shall have, possess and
exercise the general management of the affairs of the city and
town; and in addition to such powers and duties as are guar-
anteed and imposed by this act, shall exercise and perform all
the powers and duties now authorized or imposed by general
law or special act, in so far as they are not inconsistent with
this act. The said council shall have the right to elect or appoint
the chief or heads of departments, and all such other officials
and employees authorized by their charters or by general law,
and remove the same at pleasure; and shall have the right to
abolish any office created by them. The council of any city or
town now having a police board or board of fire commissioners,
or other board or commission other than the sinking fund board
of commission, may by a majority vote of all the members
elected to such council, abolish such boards and perform all of
the duties now performed by them.

In the several cities of the State where justices of the peace
are elected by wards, such ward lines, for the purpose of elect-
ing such justices, shall, if such city decide to elect its council
hereunder at large, remain as at present, until otherwise
changed. Each city shall have the power from time to time,
as provided by general law, to change its ward lines for the
election of justices of the peace; and shall also provide for all
necessary and proper voting precincts.

The administrative powers, duties and authority in such
cities and towns may be distributed into departments, and may
be assigned to and among the members of the council, the mayor
and such other officers and employees as the council may see fit;
and the council may make such rules and regulations as may be
necessary and vroper for the efficient and economical conduct of
the business of the city or town.
The council of any town or city adopting the form of gov-
ernment set out in section five and in section six-a of this act,
described as the general councilmanic plan, and the council of
any city or town, whether now organized as such under existing
special charter or general law, or which may be hereafter organ-
ized under special charter or general law, and not desiring to
adopt the provisions of this act, is hereby empowered in the dis-
cretion of such council, to employ a person, who may or may not
be a resident or qualified voter of such city or town, or of this
State, to be known as “city or town manager,” as the case may
be, and who shall, under the control of the council, have the
general charge and management of the administrative affairs
and work of such city or town, and who shall perform such
other duties as may be required of him. He shall receive such
salary as shall be allowed him by such council. In every case
where a city or town manager is employed, whether the pro-
visions of this act be adopted or not, such manager may be dis-
missed at any time by the council. The mayors of towns adopt-
ing the provisions of this act may be employed as town manager
for their respective towns, and be paid in the discretion of the
council a salary in addition to such compensation as they may
be receiving at the time of their election or appointment as
town manager; provided, however, that if any town adopt a
plan of government which authorizes the employment of a town
manager, a town manager may be employed by the then exist-
ing council, but such employment shall in no case extend be-
yond the term of such council.

Sec. 9. Powers and duties of mayor.—The mayors of the
cities and towns adopting the provisons of this act shall have,
possess and exercise the same rights and powers given them by
general law or by special act, except in so far as the same may
be amended or modified by the provisions of this act. They
shall have general supervision of all departments and the right
to suspend all municipal officers and employees and the mem-
bers of any police or fire board or commission except members
of the council.

Sec. 10. Salaries of mayors and councilmen.—The present
law governing the salaries of mayors shall remain in force and
effect, if the general councilmanic plan herein provided for be
adopted, until otherwise changed by law. The salaries of all
councilmen, whether in a city or town, including the salary of
such person as may be designated mayor of cities under the
modified commission plan or the city or town manager plan
herein provided for, shall be fixed by a commission of five resi-
dent tax payers, who shall also be qualified voters of such city
or town, and who shall be appointed by the circuit court or the
judge thereof in vacation, having jurisdiction in such city or
town, and who shall serve as such without compensation. | If
there be no circuit court in any such city, then such commission
shall be appointed by the corporation or hustings court or the
judge thereof in vacation. The compensation so fixed shall be
for one term only. The said commissioners upon being notified
of their appointment, shall as soon as practicable, fix said sala-
ries, and make due report to the council of such city or town,
which report shall be entered in full on the records of the council
and shall have the force and effect of an ordinance duly adopted
in the mode prescribed by law. The application for said com-
missioners shall be made by the mayor immediately after formal
notice to the council of the adoption of the provisions of this
act.

In the event that the mayor of a town shall receive a salary,
such salary shall be fixed by the town council, but such salary
for his services as mayor shall not exceed one thousand dollars
per annum, and shall be in lieu of all fees except fees for the
trial of civil matters. All other fees received by the mayor shall
be paid into the treasury of said town monthly; provided, how-
ever, that the mayor shall not be entitled to vote on any ordi-
nance, notion or resolution fixing his salary.

But no salary shall be paid the members of any council of
any town or city, unless the same shall have been authorized
by the electors of such city or town as hereinbefore provided.

Sec. 11. Investigations.—The councils of every city and
town shall have the right to make such investigations relating
to municipal affairs as it may deem necessary, and shall have
the power to summon and enforce attendance of witnesses, the
production of books and papers, and power to administer oaths
in the same manner and with like effect and under the same
penalties as justices of the peace for contempt in exercising
criminal or civil jurisdiction under the State statute.

Sec. 12. Definition of terms.—The word “council’’ shall ap-
ply to the council or other legislative body of any city or town,
unless such construction would be inconsistent with the mani-
fest intent, or repugnant to the context of the statute.

Sec. 13. Special acts—wWhile it is the purpose of this act
to give each city and town of the State the right to adopt its
provisions, yet nothing herein contained shall be construed as
preventing any city or town from obtaining such special act, or
acts, or charter amendments, as it may desire, in accordance
with the provisions of section one hundred and seventeen (117)
of the Constitution and not in conflict with this act; except that
having once adopted the provisions of this act, any such city ot
town can be relieved of its provisions only in the manner a:
hereinafter set forth.

Sec. 14. Procedure for the abandonment of the provision:
of this act—Any city or town which shall have operated fo!
more than four years under the provisions of this act ma\
abandon such organization hereunder and accept the provision:
of the general laws of the State then applicable to cities 0!
towns of its population, or if now organized under special char
ter, may resume said special charter, by proceeding as follows
Upon the petition of not less than twenty per centum of the
qualified electors of such city or town, a special election shall
be called at which the following proposition only shall be sub-
mitted, “For the abandonment of present form of government ;”
“Against abandonment of present form of government.”

If a majority of the electors qualified to vote at such special
election be in favor of such propositon, the officers elected at the
next succeeding regular election shall be those then prescribed
by the general law, or special charter, of the State for cities or
towns of like population; and upon the qualification of such offi-
cers such city or town shall resume its former form of govern-
ment under its charter and the general law governing cities and
towns; but such change shall not, in any manner or degree,
affect the property right or liabilities of any nature of such
city or town, but shall merely extend to such change in its form
of government.

The sufficiency of such petition, shall be determined, the elec-
tion ordered and conducted, and the results declared generally
as provided by section two (2) of this act, in so far as the pro-
visions thereof are applicable. ;

Sec. 15. Requirements of petitions.—Petitions provided
for in this act shall be signed by none but qualified voters of the
city or town. Each petition shall contain in addition to the
names of the petitioners, the street and house number, if any,
in which the petitioner resides. The names of the petitioners
need not all be on one petition, provided, the several petitions
are copies of each other, each page to have printed at the top a
brief statement of the plan to be voted on.

Sec. 16. Provisions authorizing the use by the electorate of
the powers of the initiative, the referendum and the recall, be-
ing essential features of many forms of city government in
which all powers of government are concentrated in the hands
of a small body of. men, the electors of any city of the Common-
wealth which has already adopted or which may hereafter adopt
any form of government authorized under this act, may incor-
porate as part of such form of government provision for the
exercise by them of any one or more of the powers above men-
tioned by proceeding in the manner hereinafter prescribed.

Sec. 17. Upon the petition of electors, equal in number to
ten per centum of the electors qualified to vote at the last pre-
ceding municipal election, presented to the judge of the corpo-
ration, hustings or circuit court having jurisdiction over such
city or town. or to the judge in vacation, asking that an election
be held, in which there shall be submitted to the qualified voters
of the said city or town the question, “Shall there be incorpo-

rated in the charter of ............. a) See ee _in
the charter to be voted on at this election, provisions by which
the electors of .............. may enjoy the right to exercise

power of the initiative or referendum or both in regard to city
ordinances, and the power of the recall for removing officials
elected wholly by the votes of such electors.” If a majority of
the voters voting on any of the proportions submitted to them
vote yes, then the electors of such city shall be authorized to
make use of the initiative and referendum in regard to city
ordinances, or the recall for the removal of elective officials as
the case may be in the manner hereinafter prescribed. Accom-
panying the petition of said electors there shall bea certificate
from the clerk in whose office there is now required to be filed a
list of qualified voters, which shall show the names of all persons
qualified to vote at the last preceding regular June election for
municipal officers and also a certificate showing the total num-
ber of voters qualified to vote for mayor or council at the last
election in which a mayor or council was elected. If the list so
filed in the office of such clerk shall not contain the names of
persons who are not required to pay their poll tax in order to
vote, then there shall likewise accompany such petition a certifi-
cate from the registrars giving the names of persons who were
qualified to vote at said election and not on the list filed with the
clerk. Then the court or judge shall make such order as may
be proper to give due publicity to such election, the same to be
held not less than thirty nor more than ninety days after the
entry of the order by the court or judge.

Such election shall be conducted in the manner prescribed
by law for the conduct of regular elections and by the regular
election officers of such municipality. The election shall be by
secret ballot, and the ballots used shall contain the following:

“Shall provisions for the exercise by the electors of the city
or town of ............... wees of the powers of the initia-
tive, referendum or recall be incorporated in the charter of
sec e eee e eee eee , or charter to be voted on in this election (as
the case may be) ?”

The drawing of a line through the word “initiative,” ‘‘refer-
endum” or “recall” shall be sufficient to indicate the wishes of
the voter.

The drawing of a line through the word “initiative” shall
indicate the voter is against the initiative; the drawing of a hne
through the word “referendum” shall indicate the voter is
against the referendum; the drawing of a line through the word
“recall”? will indicate the voter is against the recall. If no line
is drawn through the word “initiative” it will indicate the voter
is for the initiative; if no line is drawn through the word “refer-
endum’”’ it will indicate the voter is for the referendum and if no
line is drawn through the word “recall” it-will indicate the voter
is for the recall.

Returns of .the election shall be certified by the commis-
sioners of election, or their clerk, to the court, or to the judge
thereof in vacation; and if it shall appear that a majority of
the qualified voters authorized to vote at such election shall vote
no, an order shall be entered of record accordingly, and the
same question shall not be submitted to the voters of said city
or town within two years of said election; but if a majority of
the electors qualified to vote at such election shall vote in favor
of the initiative, referendum or recall, as the case may be, the
court or judge thereof shall enter an order accordingly, a copy
of which shall be forthwith certified by the clerk of such court
to the council of such city or town for recordation upon its
journal, and the following provisions prescribing the manner
for exercising the powers of the initiative and referendum in
regard to city ordinances and the recall of elective officials
elected wholly by the votes of the electors of said city shall be
incorporated in and become a part of the said charter, and the
right so authorized shall be exercised by the electors of said
city in accordance therewith:

Sec. 18. The initiative—Any proposed ordinance, or the
question of the repeal of an existing ordinance, may be sub-
mitted to the council by petition signed by the qualified electors
of the city equal in number to the percentage hereinafter re-
quired. The signatures, verification and authentication upon
such petition, presentation to the council, presumption of suffi-
ciency and regularity, the summary review by the judge of the
corporation court shall be as follows:

“The petition shall be presented by filing the same with the
city clerk,” and shall be substantially in the following form:

Form of petition.

To the council of the city of

We, the undersigned qualified electors of this city respect-
fully petition your honorable body to cause to be submitted to
a vote the following question:

(Signature of elector.) os (Residence by street and number.)

Pe ee ee ee ee ee ee ee ee ee ee ee i aed
Pe ee ee ee ee ee ee ee ee ad

ecevsevevev7eevn ee oe eevee ee © )]—h—ClCUCUCtmmmmUmUmUmUCUlU CU CU HOC UC OCU MCU HU MUUCH Oe heh he he He 8

The execution of the petition by an elector shall be acknowl-
edged by him, or it may be proved by the oath of a witness who
shall swear that he knows the elector and that the petition was
signed by the elector in the presence of the witness. The peti-
tion may be in the form of separate sheets, each sheet contain-
ing at the top thereof the petition as above set forth, and when
bound together and offered for filing, shall be deemed to con-
stitute one petition.

Summary proceedings to review sufficiency of petition.—
Such a petition, which complies with the requirements of this
article both as to form and number of signers and manner of
execution shall be accepted as prima facie sufficient. The corpo-
ration, circuit or hustings court of any city shall have summary
jurisdiction upon complaint of an elector to determine the suffi-
ciency of the petition and the genuineness of the signatures
thereon and the qualifications of the electors signing the same,
and may make such order in the premises as justice may re-
quire; but such summary proceedings shall be instituted within
ten days after presentation of the petition, and the burden of
proof shall be on the complainant.

No individual signature upon such petition shall be valid
unless the same shall have been placed thereon within three
months prior to the presentation of such petition to the council
The petition presenting the proposed ordinance, or proposed
repeal, shall contain a statement in not more than two hundred
words, giving the petitioners’ reasons for the adoption of the
repeal of such ordinances; and if it be signed by electors equal
in number to at least ten per cent. of electors qualified to vote
for council and contains a request that the said ordinance be
submitted to a vote of the people, the council shall either (a)
pass such proposed ordinance without alteration, or repeal such
existing ordinance within ten days after determining the suf-
ficiency of the petition, or (b) within said ten days call a special
election (unless a general election is to be held at least thirty
and within ninety days thereafter) and at such special or suc-
ceeding general election such proposed ordinance, or the repeal
of such existing ordinance, shall be submitted without altera-
tion to the vote of the electors of the city. The council may in
its discretion propose an ordinance for substitution or may
mit the same to the electors at the same election. If a majority
of the qualified electors voting on a proposed ordinance shall
vote in favor thereof, it shall thereupon become a valid and
binding ordinance of the city, and the same shall not be repealed
or amended, except by a vote of the electors within two years
thereafter. If the majority of the qualified electors voting on
the repeal of an existing ordinance shall vote in favor of its
repeal, it shall thereupon become of no force and effect.

When there are two or more ordinances proposed to accom-
plish the same purpose, the council shall cause a statement to
this effect to be printed upon the ballot, and the ballot shall be
so arranged that the voter may (first) vote for or against the
adoption of any and all ordinances for the same purpose and
(second) may express a preference for any one of such ordi-
nances. If a majority of the votes on the first question is affirm-
ative, then the ordinance receiving the highest number of votes
shall become law, and the others shall fail of passage. In case
two or more ordinances of the same tenor are tied for the high-
est vote, they shall be re-submitted at the next general muni-
cipal election.

The council may submit the repeal or modification of any
ordinance adopted hereunder, to be voted upon at any general
election succeeding its adoption.

Sec. 19. The referendum.—No ordinance passed by the
council, unless (a) otherwise required by the general laws of
the State, or (b) an ordinance immediately necessary for the
preservation of the public morals, health or safety and which
contains a statement of such immediate necessity and is passed
by at least a three-fourths vote of the council, shall go into
effect until thirty days after its final passage. If at any time
during said thirty days a petition signed by electors equal in
number to at least ten per centum of the electors qualified to
vote for mayor at the last election at which a mayor was chosen,
protesting against the enactment of such ordinance and request-
ing its repeal, or requesting its adoption in a proposed amended
form, be presented to the council, such ordinance shall there-
upon be suspended from going into effect, and it shall be the
duty of the council to reconsider such ordinance. If upon re-
consideration, thereof said ordinance is not entirely repealed,
if so requested, or adopted in the amended form as proposed,
the council shall submit the question of the repeal, or the adop-
tion of the ordinance in its proposed amended form, in the man-
ner provided by (a) of section one of this act; if the repeal of
such ordinance was requested, such ordinance shall not go into
effect unless a majority of the electors voting thereon at such
election shall vote against its repeal; if the amendment of said
ordinance was proposed, the ordinance shall become effective
in its proposed amended form if such majority vote is cast in
favor thereof, but if not such ordinance shall become effective
in the form as enacted by the council.

No resolution of the council appropriating money other than
for the regular payrolls, or incurring or providing for the in-
curring of any expense, or disposing of any property or rights
of the city, shall become effective until thirty days after its
adoption; and its operation shall be suspended, and it shall be
reconsidered and submitted to the electors, in the same man-
ner as in this section provided with respect to an ordinance.

Petitions hereunder shall conform substantially to the re-
quirements of article one hereof as to signatures, verification
and authentication, and the presentation, presumption of suffi-
ciency, and summary review thereof, shall be as provided in
said article.

Sec. 20. Distribution of ordinances among electors.—When-
ever an ordinance is required under sections ............ or
eee c cece cee of this act to be submitted for adoption, modifica-
tion or repeal, to the electors of the city at any election, the
council shall cause the ordinance to be printed, and it shall be
the duty of the city clerk to enclose a printed copy thereof in
an envelope with a sample ballot, and mail the same to each
qualified voter (5) five days prior to the election. The failure
on the part of any voter to receive or to be sent such copy and
ballot shall not affect the validity of the election. The person
filing such petition shall have the right to present to the city
clerk at any time twenty-five days prior to said election, printed
copies of an argument favoring such ordinance and the mem-
bers of the council shall have the right to present, or permit to
be presented to the city clerk, within the same limit of time, an
argument opposing such ordinance. Neither of such arguments
shall exceed two thousand words in length and shall be printed
in such a form suitable for mailing, as the city council shall
prescribe. The clerk shall enclose one copy of such arguments
with the sample ballot and copy of the ordinance mailed to each
voter, provided that he is furnished with printed copies of such
argument equal in number of five per centum in excess of the
total number of qualified electors. Nothing in this section shall
constitute authority for the council to expend any money be-
longing to the city for the formulation or printing of any argu-
ment. Any number of proposed ordinances under the initiative
or referendum may be voted upon at the same election.

Sec. 21. The recall of elective officers.—Any officer elected
exclusively by the votes of the electors of the city may be re-
moved from office at any time after one year from the begin-
ning of his term of office by the electors qualified to vote for a
successor for such incumbent. The procedure to effect such re
moval shall be as herein provided:

(1) A petition signed by qualified electors of the city equal
in number to at least ten per centum cf the electers qualified
to vote for governor at the last gubernatorial election, and de-
manding the election of a successor of the officer sought to be re-
moved, shall be filed with the city clerk, which petition shall
contain a general statement of the grounds upon which the elec-
tion of a successor is sought. Such petition may be filed at any
time after one year has elapsed since the beginning of the term
of the official sought to be removed. Each signer shall add to
his signature his place of residence, giving street and number,
if any. Such petition may be in the form of separate papers,
but each separate paper to which signatures are appended shall
contain at the top thereof the original petition or duplicate
statement thereof, and when bound together and offered for
filing, such separate papers shall be deemed to constitute one
petition with respect to the election of the successor of the officer
or officers named therein. One of the signers of such petition
shall make oath before a proper official that the statements
made therein are true, as he believes, and upon such separate
paper, the circulator of the petition to which signatures are
appended shall make oath that each signature to such paper
is the genuine signature of the person whose name it purports
to be, and that it was signed in his presence.

(2) If it appears that the petition is signed by the requisite
percentages ef electors, the same shall be accepted as prim>® facie
regular and sufficient, but it shall be subject to summary re
view in the same manner as provided in section ...........-
ef this act.

(3) If the petition shall be sufficient, and if the officer or
officers whose removal is sought shall not resign within five
days after the sufficiency of the petition has been determined
by the council, the council shall thereupon order and fix a day
for holding an election for the selection of a successor to each
officer named in said petition, which election shall be held not
less than thirty nor more than forty days from the presentation
of the petition, or from the making of any court order thereon.
The council shall cause publication of notice and all arrange-
ments to be made for holding such election, and the same shall
be conducted and the result thereof returned and declared in
all respects as in other special elections so far as possible.

(4) A nomination of a candidate to succeed each officer
sought to be removed shall be made without the intervention of
a primary election, by filing with the city clerk at least ten days
prior to such special election, a petition proposing a person
for such office, signed by the electors equal in number to five
per centum of the entire vote cast in the city for all candidates
for governor at the last gubernatorial election.

(5) The ballots at such election shall conform to the fol-
lowing requirements: With respect to each officer whose re-
moval is sought the question shall be submitted: Shall (name
of officer) be removed from the office (name of office) by recall?
Under the same question may be placed, at the request of the
elector whose signature appears first on the petition, a state-
ment, not over two hundred words in length, of the grounds
upon which the removal is sought. Following such statement
the incumbent officer may cause to be placed a statement not
over two hundred words in length of reasons why he should
not be removed from office. Beneath the aforesaid statements
shall be placed the names of candidates to fill the vacancy. The
name of the officer whose removal is sought shall not appear on
the ballot as a candidate to succeed himself.

(6) In any such election if a majority of the votes cast on
the question of removal affirmative, the candidate receiving the
majority of the votes cast shall be declared elected. The officer
whose removal is sought shall thereupon be deemed removed
from office upon the announcement of the official canvass of the
election. The successor of any. officer so removed shall hold
office during the unexpired term of his predecessor. In case
the person receiving the majority of votes shall fail to qualify
within ten days after receiving notification of his election, the
office shall be deemed vacant. The question of the removal of
any officer shall not be submitted to the electors a second time
during the same term of office, until after the expiration of one
year from the determination of the first application for his re-
moval. The method of removal herein provided is cumulative
and additional to such other methods as may be provided by
law. All frauds and irregularities, or attempts to commit same,
in initiative, referendum and recall elections shall be punished
in the manner and to the extent provided for similar offenses
under the general election laws of the State, and all such initia-
tive, referendum and recall elections shall be conducted as far
as practicable under the laws governing general elections. Pro-
vided that wherever ten per centum of the qualified voters are
required in this act, said number shall be required only in cities
of the first class; and in cities of the second class twenty-five
per centum of the voters shall be required for all purposes where
ten per centum is required in cities of the first class.

o