Chap. 64.—An ACT to provide a new charter for the city of Suffolk and to
repcal the existing charter of said city and the several acts amendatory
thereof and all other acts and parts of acts inconsistent with this act so far
as they relate to the said city of Suffolk. {[H B 122]

Approved February 25, 1922.

Be it enacted by the general assembly of Virginia, as follows:

1. The city and its boundaries—The inhabitants of the terri-
tory comprised within the present limits of the city of Suffolk as
hereinafter described, or as the same may be hereafter altered and
established by law, shall continue to be a body politic and corporate,
to be known and designated as the city of Suffolk, and as such
shall have and may exercise all powers which are now, or hereafter
may be, conferred upon, or delegated to, cities under the Constitution
and laws of the Commonwealth of Virginia, as fully and completely
as though said powers were specifically enumerated herein, and no
enumeration of particular powers by this charter shall be held to be
exclusive; and the said city of Suffolk as such shall have perpetual!
succession, may sue and be sued, contract and be contracted with,
and may have a corporate seal which it may alter, renew, or amend
at its pleasure, the present boundaries of the said city being as
follows, to-wit:

Beginning at the intersection of Nansemond river with the east
side of Main street, thence following the south bank of the Nansemond
river in its various meanderings and in a northwesterly direction to
a point where Smith’s creek, and Cohoon’s creek form a junction,
thence up Smith’s creek, following its south bank, in a southwesterly
direction to a ravine, said ravine being the western boundry of the
property of the River View Land Company, thence following said
ravine in a southerly direction to a point about one hundred and
twenty-five feet south of the south side of Western avenue, where
it forms a junction with another ravine, thence continuing in a south-
erly direction, parallel with and about one hundred and fifty feet
east of Pitch Kettle road, to a point in the north right of way line
of the Virginian railroad, thence southwardly across the Virginian
railroad and the Seabord Air Line railroad to the intersection of
the south right of way line of the Seaboard Air Line railroad with
the east side of Pitch Kettle road, thence following the south night
of way line of the Seabord Air Line railroad in a westerly direction
to a point one hundred and fifty feet west of Pitch Kettle road,
measured at right angles thereto, thence in a southerly direction
parallel with and about one hundred and fifty feet west of Pitch
Kettle road to the north side of Washington street, thence following
the north side of Washington street in a westerly direction to the
east wall of the city of Portsmouth water department’s spillway on
the South Quay road, thence following the east wall of the said
spillway across the said South Quay road to Lake Kilby, thence along
the bank of Lake Kilby in its various meanderings, in a southeasterly
direction, to the east side of Park road where same intersects the
lake shore, thence in a southerly direction across the lands of R.
W. Baker and others to a point in the north right of way line of the
Norfolk and Western railroad, said being nine hundred feet west
of the intersection of the east side of Military road with the north
right of way line of said Norfolk and Western railroad, thence
following the north right of way line of the Norfolk and Western
railroad in an easterly direction to the west side of Wellons street,
thence following the west side of Wellons street and the county
road in a southerly direction to the north right of way line of the
Southern railroad, thence in an easterly direction along the north
right of way line of the said Southern railroad to the center of
Hickman’s branch, thence following the various meanderings of Hick-
man’s branch in an easterly direction to a point where the west
side of Walnut street, produced in a southerly direction, would inter-
sect said branch, thence following the west line of Walnut street
produced and Walnut street to the south side of the Norfolk road,
thence following the south side of the Norfolk road to a point in
the line dividing the land additions known as “The Elms” and “Lloyd
Addition,” produced in a southerly direction to where it intersects
the south side of the said Norfolk road, ‘thence following the last
«bove described line in a northerly direction to the south right of
way line of the Norfolk and Western railroad, thence in a north-
easterly direction, crossing the Norfolk and Western, Atlantic Coast
Line and Southern railroads, to a point where the west side of Trolley
street, produced in a southerly direction, intersects the south right
of way line of the Seaboard Air Line railroad, thence following the
west line of Trolley street produced and Trolley street in a northerly
direction to the south side of Shingle creek, thence following the
said creek in a westerly direction to the east bank of the Nansemond
river, thence following the bank of the Nansemond river in its various
meanderings to the point of beginning.

The courts of said city shall.have civil and criminal jurisdiction
beyond said boundaries as is now, or may hereafter be provided
by law.

2. Powers of the city—In addition to the powers mentioned
in the preceding section, the said city shall have power:

(a) To raise annually by taxes and assessments in said city such
sums of money as the council hereinafter provided for shall deem
necessary for the purposes of the city, and in such manner as said
council shall deem expedient, in accordance with and subject to the
Constitution and laws of this State and of the United States and the
provisions of this charter; provided, however, that it shall impose
no tax on the bonds of the city.
(b) To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations
prescribed by the Constitution of this State as may be in force at
the time of the imposition of such special or local assessments.

(c) Subject to the provisions of the Constitution of this State
and of its charter, to contract debts, borrow money and make and
issue evidences of indebtedness.

(d) To expend the money of the city for-all lawfal purposes.

(e) To employ a community nurse or to contribute to the salary
of any such community nurse.

({) To appropriate money for the detection of violations of State
laws or city ordinances, and to offer rewards for the apprehension
of persons violating such laws or ordinances.

(g) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate or interest therein,
within or without the city or State for any of the purposes of the
city; and for any purposes of the city, to hold, improve, sell, lease,
mortgage, pledge or otherwise dispose of the same or any part
thereof.

(h) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
comfort stations or rest rooms, markets, and all buildings, and struc-
tures necessary or appropriate for the use and proper operation of
and by the various departments of the city; amd to acquire by con-
demmation or otherwise all lands, ripanan and other rights and ease-
ments necessary for such improvements, or any of them.

(1) To furnish all local public service ; to purchase, hire, construct,
own, maintain and operate, or lease, local public utilities, to acquire
by condemnation or otherwise, within or without the corporate limits,
land and other property necessary for,any such purposes.

(j) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean public highways, streets, alleys,
boulevards and parkways, and to alter or close the same; to establish
and maintain parks, play grounds and other public grounds; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain shade trees along
the streets and upon such public grounds; to prevent the obstruction
of such streets and highways, and to abolish and prevent grade
crossings over the same by railroads; to regulate the operation and
speed of all cars and vehicles using the same, as well as the operation
and speed of all engines, cars and trains on railroads within the city;
to regulate the service to be rendered and rates to be charged by
busses, motor cars, cabs and other vehicles for the carrying of pas-
sengers, and by vehicles for the transfer of baggage or matcrials of
any kind; to compel all telephone, telegraph and clectric light and
power companies, or any of them, to have and maintain a joint use
of poles under such conditions as the council may deem reasonable:
to require all telephone and telegraph wires and all wires and cables
carrying electricity to be placed in conduits underground and to pre-
scribe rules and regulations for the construction and use of such con-
duits; and to do all other things whatsoever, adapted to make said
streets and highways safe, convenient and attractive.

(k) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways and bridges, beyond the
limits of the city, in order to facilitate public travel to and from
said city and its suburbs, and to and from said city and any property
owned by said city and situated beyond the corporate limits thereof,
and to acquire land necessary for such purpose by condemnation
or otherwise; provided, however, that the city shall not construct
or maintain, or aid’in constructing or maintaining, any such public
roads, boulevards, parkways or bridges at any point more than one
mile beyond its corporate limits unless same is sanctioned by a
majority vote of such of the qualified electors of the city as par-
ticipate in an election on the question, or unless same is sanctioned
by a written petition signed by a majority of the qualified electors
of the city.

(1) To establish, construct, maintain and operate public wharves,
public landings and docks either within or without the city; to ac-
quire by condemnation or otherwise all lands, riparian and other
rights and easements necessary or appropriate for the purposes afore-
said; to lay and collect reasonable duties or wharfage fees on vessels
coming to or using said wharves, landings or docks; to dredge or
deepen the harbor or river or any branch or portion thereof; to pre-
scribe and enforce reasonable rules and regulations for the protection
and use of its said properties, whether within or without the city;
and to impose and enforce adequate penalties for the violation of
such rules and regulations

(m) Subject to the provisions of the Constitution of this State,
to grant franchises for public utilities.

(n) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to acquire and operate
reduction or other plants for the utilization or destruction of such
materials, or any of them; or to contract for and regulate the col-
lection and disposal thereof.

(o) To compel the abatement and removal of all nuisances within
the city or upon property owned by the:city beyond its limits at
the expense of the persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be; to
acquire all lands, lots and other premises within the city to be kept
clean, sanitary and free from weeds, or to make them so at the
expense of the owners or occupants thereof; to regulate or prevent
slaughter-houses or other noisome or offensive business within
said city, the keeping of animals, poultry or other fowl therein, or the
exercise of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of all articles through
the streets of the city; to compel the abatement of smoke, and dust,
and to prevent unnecessary noises therein; to regulate the Jocation
of stables and the manner in which they shall be kept and constructed ;
and generally to define, prohibit, abate, suppress and prevent all
things detrimental to the health, morals, comfort, safety, convenience
and welfare of the inhabitants of the city.

(p) To inspect, test, measure, and weigh any commodity or article
of consumption or use within the city, and to establish, regulate,
license, and inspect weights, meters, measures and scales.

(q) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to estab-
lish, regulate and control a fire department or division; to regulate
the size, materials and construction of buildings, fences and other
structures hereafter erected, in such manner as the public safety and
convenience may require; to remove, or require to be removed, any
building, structure or addition thereto which, by reason of dilapi-
dation, defect of structure, or other cause, may become dangerous
to life or property, or which may be erected contrary to law; to
establish and designate, from time to time, fire limits, within which
wooden buildings shall not be constructed, removed, added to or
enlarged, and jto direct that any or all future buildings within such
limits shall be constructed of stone, natural or artificial, concrete,
brick, iron, or other fire-proof material.

(r) To provide for the care, support and maintenance of insane
or poor persons and paupers.

(s) To establish, organize and administer libraries and public
schools, subject to the general law establishing a standard of edu-
cation for the State; and to appropriate money from the public funds
to aid in the stablishment and maintenance in said city of a suitable
memorial to the soldiers, sailors and marines of the city and of
Nansemond county.

(t) To provide and maintain, either within or without the city,
charitable, recreative, corrective, detentive, or penal institutions.

(u) To prevent persons having no visable means of support,
paupers and persons who may be dangerous to the peace or safety
of the city, from coming to said city from without the same; and
for this purpose to repuire any railroad company, the master of any
ship or vessel, or the owners of conveyances bringing such persons
to the city, to take such persons back to the place from which he
was brought, or to enter into bond with satisfactory security that
such person shall not become a charge upon said city within one
year from the date of his arrival; and also to expell therefrom any
such person who has been in said city less than ninety days. .

(v) To provide for the preservation of the general health of the
inhabitants of said city, to make regulations to secure the same, to
inspect all foods and foodstuffs and to prevent the introduction and
sale in said city of any article or thing intended for human consump-
tion, which is adulterated, impure or otherwise dangerous to health,
and to condemn, seize and destroy or otherwise dispose of any such
article or thing without lability to the owner thereof; to prevent
the introduction or spread of contagious or infectious diseases, and to
prevent and suppress disease generally; when deemed necessary or
expedient, to install and maintain on premises, at the cost of the
owner or occupant, sanitary closets for the reception of human excreta,
or to require such owner or occupant to install and maintain the same
at his own expense; to provide and regulate hospitals within or
without the city limits, and enfoce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided for such
persons; to appoint and organize a board of health, to define its
duties and grant to it the necessary authority effectually to discharge
them, with power to invest any or all of the officials or employees
of such board of health with such powers as the police officers of
the city have; to establish a quarantine ground within or without
the city limits, and such quarantine regulations against contagious
and infectious diseases as the council may see fit, subject to the laws
of the State and of the United States; to provide and keep records
of vital statistics and compel the return of all births, deaths and
other information necessary thereto.

(w) To acquire by purchase, gift, devise, condemnation or other-
wise, lands either within or without the city, to be used, kept and
improved as a place for the interment of the dead, and to make and
enforce all necessary rules and regulations for the protection and
use thereof; and generally to regulate the burial and disposition of
the dead.

(x) To exercise full police powers, and establish and maintain
a department or division of police.

(y) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government and health of the city or its inhabitants.

(z) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the
provide and to impose penalties for the violation of such ordinances,
powers conferred by ‘this charter or by any general law; and to
impose penalties for the violation of such ordinances, rules and regu-
lations, or any of them, by fine not exceeding five thousand dollars
or imprisonment not exceeding one year, or both. The city may
maintain a suit to restrain by injunction the violation of any ordi-
nance, notwithstanding such ordinance may provide punishment for
its violation.

3. Creation and powers of council—There is hereby created a
council, which shall have full power and authority, except as herein
otherwise provided, to exercise all of the powers conferred upon the
city, and to pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general law of the State and of
this charter. It shall by ordinance fix the salaries of all officers and
employees of the city, and may, so far as 1s not inconsistent with
the provisions of this charter, define the powers and prescribe the
duties of all such officers and employees.

4. Composition of council; vacancies.—The council shall consist
of five members, who shall be elected on a general ticket at large,
and shall serve for a term of four years from the first day of Sep-
tember next following the date of their election and until their suc-
cessors shall have been elected and qualified; provided, however,
that at the first election hereunder the three candidates having the
highest ‘number of votes shall serve for four years, and the two
candidates having the next highest number of votes shall serve for
two years. The council shall be a continuing body, and no measure
pending, before such body shall abate or be discontinued by reason
of the expiration of the term of office or removal of the members of
said body, or any of them. No member of the council shall be paid
a salary. .

Vacancies in the council shall be filled within thirty days, for the
unexpired term, by a majority vote of the remaining members, except
as Otherwise provided by general law.

5. Qualification of members.—Any person qualified to vote in
said city shall be eligible to the office of councilman therein.

6. Limitation on the powers of the council—The council and
its members shall deal with the administrative service solely through
the city manager, and neither the council nor any member thereof
shall give orders to any of the subordinates of the city manager,
either publicly or privately.

7. Officers elective by council; rules—The council shall elect
one of its members to preside over its meetings, who shall be entitled
president of the council and who shall be ex-officio mayor, and shall
also elect another member to be vice-president of the council. The
council shall also elect a city manager, a city clerk, a city attorney,
a civil and police justice and a substitute civil and police justice.
All elections by the council shall be viva voce and the vote recorded
in the journal of the council. The council may determine its own
rules of procedure, may punish its members for misconduct, and may
compel the attendance of members in such manner and under such
penalties as may be prescribed by ordinance. A majority of all the
members of the council shall constitute a quorum to do business,
but a smaller number may adjourm from time to time. The council
shall keep a journal of its proceedings.

8. Elections by council; when held, terms, et cetra—During the
month of September,' nineteen hundred and twenty-two, the council
shall elect a city clerk and a city attorney, each of whom shall
serve for a term of one year from the first day of October, nineteen
hundred and twenty-two, and until his successor shall have been
elected and qualified.

During the month of September, nineteen hundred and twenty-
three, and biennially thereafter, the council shall elect a city clerk
and a city attorney, each of whom shall serve for a term of two years
from the first day of October following his election and until his
successor shall have been elected and qualified.

The city clerk may also be the clerk of the circuit court of the city,
and the city attorney may also be Commonwealth’s attorney for the
city.
9. Meetings of council.—The council shall meet at such times
as may be prescribed by ordinance or resolution, provided that it
shall have at least one regular meeting each month. The president of
the council, any member thereof, or the city manager, may call
special meetings of the council at any time upon at least six hours’
written notice, with the purpose of said meeting stated therein, to
each member, served personally or left at his usual place of business
or residence, or such meetings may be held at any time without
such notice, provided all members of the council attend. All meetings
of the council shall be public and any citizen may have access to the
minutes and records thereof at all reasonable times.

10. President of the council—tThe president of the council shall
preside at all meetings of the council, and shall have the same powers
and duties as other members of the council, with a vote but no veto;
and he shall be recognized as the official head of the city for all
ceremonial purposes, by the courts for the purpose of serving civil
process, and by the governor for military purposes. He may use
the title of mayor whenever necessity arising from the general laws
of the State may so require; but this shall not be construed as con-
fernng upon him the administrative or judicial functions, or other
powers or functions, of a mayor under the general laws of the State.
In time of public danger or emergency he, or during his absence or
disability the city manager, may take command of the police and
maintain order and enforce the law, and for this purpose may deputize
such assistant policemen as may be necessary. During his absence or
disability his duties shall be performed by the vice-president of the
council, except as above provided.

The powers and duties of the president of the council shall be
such as are conferred upon him by this charter, together with such
others as may be conferred by the council, in pursuance of the pro-
visions of this charter, and no others.

11. Time of holding municipal elections—A municipal election
shall be held on the second, Tuesday in June of the year nineteen
hundred and twenty-three, and of every second year thereafter, which
shall be known as the regular election for the election of councilmen.

12. Nomination of candidates.—Candidates for the council under
the provisions of this charter shall be nominated only by petition.
Any qualified voter of the city may be nominated as provided herein.
Subject to the provisions of section thirtcen hereof, there shall be
printed on the ballots to be used in any municipal election for the
election of councilmen, the names of all candidates’ who have been
nominated by petition as provided herein, and no others. A nominat-
mg petition shall conform substantially to the following require-
ments:

(a) Such petition shall state the name.of the person whose name
is presented for a place upen the ballot and shall request such person
to become a candidate for the office of councilman for the city of
Suffolk.

(b) Such petition shall be signed by at least fifty qualified clec-
tors of the city.
(c) Each elector signing a petition may subscribe to one nom
ination for each of the places to be filled at the ensuing election
and no more.

(d) Such petition shall not be signed by any elector more thar
fifty days prior to the day of such election, and such petition shall b
filed with clerk of the circuit court of said city not less than thirty
days prior to the day of such election.

13. Acceptance——Any person whose name has been submittec
for candidacy by any such petition, shall file, with the clerk of the
circuit court of the city, his acceptance of such candidacy at leas
twenty days prior to the date of such election, otherwise his name
shall not appear on the ballot. The filing of such acceptance shall be
deemed equivalent to the ‘filing of notice of candidacy under the
general election laws of the State, and no other notice of candidacy
need be given by the person filing the same.

_ 14. Ballots—The ballots used in all elections provided for in
this charter for the election of councilmen shall be without party
marks or designations.

15. Method of conducting municipal elections——The candidates
at any regular municipal election for the election of councilmen, equal
in number to the places to be filled, who,shall receive the highest
number of votes at such election, shall be declared elected.

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and
no elector shall in such election cast more than one vote for the same
person.

In counting the vote any ballot found to contain a greater number
of names for the office of councilman than the number of vacancies
in the council to be filled, shall be void, but no ballot shall be void
for containing a less number of names than is permitted hereby.

16. Election of other officers—There :shall be elected by the
qualified voters of said city, on the Tuesday after the first Monday in
November, nineteen hundred and twenty-five, and quadrennially there-
after, the following officers: one attorney for the Commonwealth,
one commissioner of the revenue, one city treasurer, and one city
sergeant, who shall hold their offices for the term of four years from
the first day of January ensuing their election and until their succes-
sors shall have been elected and qualified, unless sooner removed from
office. The city sergeant may also be chief of police of said city.
There shall also. be elected by the qualified voters of said city on the
Tuesday after the first Monday in November, nineteen .hundred and
twenty-seven, and every eight years thereafter, one clerk of the circuit
court of the city of Suffolk, whose term shall begin and end as is
now, or may hereafter be, prescribed by the general assembly of
this State. Provided, that, if the Constitution of this State shall at
any time hereafter be so amended as to permit it, the said officers
mentioned in this section or any of them may be elected or appointed
in such manner as the council may by ordinance prescribe, and the
council may in such case abolish any one or more of the said offices,
if permitted so to do by the Constitution of the State, and prescribe
by whom and in what manner the duties thereof shall be performed.

17. General provisions relating to elections; elections; how
conducted.—All popular elections provided for in this charter shall
be conducted, and the result canvassed and certified, by the regular
election officials provided for by the general election laws of the State,
and, except as otherwise provided in this charter, all such elections
shall be governed by the said;general election laws.

18. Petitions ——AlIl. petitions fot the nomination of councilmen
shall be signed by the elector in personiand not by agent or attorney.
Each person signing any such petition shall place opposite his name
the date of his signature. The signatures to any such petition need not
all be appended to one paper, but to each such paper there shall be
attached an affidavit by the circulator thereof stating that such sig-
nature appended thereto is the genuine signature of the person whose
name it purports to be and that it was made in the presence of the
afhant on the date indicated. All copies of any such petition shall be
treated as originals. No such petition shall be deemed invalid by rea-
son of the fact that it is signed by one or more persons who are not
qualified voters, but the names of such persons shall not be counted.
As used in this charter.the terms “elector,” “qualified elector,” and
“qualified voter’ are synonymous.

19. Presumptions.—All signatures to any petition mentioned in
the preceding section hereof shall be accepted and treated as prima
facie genuine. For the purpose of certifying the number of qualified
voters whose names are signed to any such petition, the clerk of
the circuit court of said city shall presume that any person whose
name appears thereon is a qualified voter if such person (a) is exempt
from the payment of poll taxes as a prerequisite to voting, or (b)
appears from the treasurer’s list of persons who have paid their poll
taxes so as to be a qualified voter on the date of his signature under
the provisions and. within the meaning of section twenty hereof,
assuming him to be duly registered. All such petitions substantially
complying with the requirements of this charter and certified by
said clerk to bear the required number of. signatures of qualified
voters shall be accepted and treated as prima facie sufficient. The
burden of proving the insufficiency of any such petition in any respect
shall be upon the person alleging the same.

20. Qualifications of persons signing certain petitions—The

uestion whether any person is a qualified voter for the purpose of
signing any nominating petition for councilman shall be determined
as follows: If any such petition be signed on or before the second
Tuesday in June in any year, the person signing the same shall be
deemed a qualified voter for that purpose within the meaning hereof,
if qualified to vote on said second Tuesday in June of said year.
If such petition is signed after the second Tuesday in June in any
year, the person signing the same shall be deemed a qualified voter
for that purpose within the meaning hereof, if qualified to vote on the
first Tuesday after the first Monday in November of said year
21. The city manager; appointment, qualifications, et cetera.—
The city manager shall be the administrative head of the municipal
government. He shall be chosen by the council without regard to his
political beliefs and solely upon the basis of his executive and ad-
ministrative qualifications. The choice shall not be limited to in-
habitants of the city or State. He shall be appointed for an indetinite
period and shall hold office during the pleasure of the council. He
shall receive such compensation as shall be provided by the council
by ordinance. He shall be bonded as the council may deem necessary.
During the absence or disability of the city manager the council may
designate some properly qualified person to perform the duties of the
office.

22. Powers and duties of the city manager.—The city manager
shall be responsible to the council for the efficient administration of
all affairs of the city.

Such city officers and employees as the council shall determine
are necessary for the proper administration of the affairs of the city
shall be appointed, and may be removed, by the city manager, except
those in the financial, legal and judicial departments and the clerical
and other attendants of the council; but he shall report each appoint-
ment and removal to the council at the next meeting thereof following
any such appointment or removal.

He shall have the power, subject to appeal to the council, to
prohibit, within the city or within one mile of its corporate limits,
any public meeting, theatrical performance, show, or the exhibition
of any motion picture, which he may deem injurious to the morals
or peace and good order of the city or its inhabitants.

He shall also have power and it shall be his duty:

(a) To see that all laws and ordinancs are enforced.

(b) To attend all meetings of the council, with the right to take
part in the discussion, but having no vote.

(c) To recommend to the council for adoption such measures
as he may deem necessary or expedient.

(d) To make reports to the council from time to time upon the
affairs of the city and to keep the council fully advised of the city’s
financial condition and its future financial needs.

(e) To prepare and submit to the council a tentative budget
for the next fiscal year.

(f) To perform such other duties as may be prescribed by the
council.

23. The fiscal year—The council may determine when the fiscal
year of the city shall begin and end, and may change the same from
time to time. The council may also determine when city licenses and
taxes shall be payable.

24. The annual budget—At least thirty days before the end
of each fiscal year the city manager shall prepare and submit to the
council an annual budget for the ensuing fiscal vear, which shall
present the following information:

(a) An itemized statement of the appropriations recommended,
with comparative statements in parallel columns showing appropri-
ations made for the current and next preceding fiscal year.

(b An itemized statement of the taxes required and of the esti-
mated revenues of the city from all other sources for the ensuing
fiscal year, with comparative statements in parallel columns of the
taxes and other revenues for the current and next preceding fiscal
vear, and of the increases or desreases estimated or proposed.

{c) A statement showing the condition of the various appropri-
ations, the amount of appropriations remaining unencumbered and
the amount of revenues remaining unappropriated.

(d) A statement of the financiabcondition of the city ; and, —

(e) Such other information as may be required by the council.

25. The annual appropriation—Before the end of each fiscal
year, or as soon thereafter as may be practicable, the council shall
pass an annual appropriation ordinance which shall be based on the
budget submitted by the city manager, and shall levy such tax for
the ensuing fiscal year as in its discretion shall be sufficient to meet
all just demands against the city on any account, subject, however,
to the provisions and limitations contained in subsection (a) of
section thirty-four of this charter.

26. Unencumbered balances.—At the close of each fiscal year, or upon
the completion or abandonment, at any time within the year, of any work
or improvement or other project for which a special appropriation has
been made, the unencumbered balance of each appropriation shall re-
vert to the fund from which it was appropriated and shall be subject
to further appropriation. No money shall be drawn from the treasury
of the city nor shall any obligation for the expenditure of money be
incurred, except pursuant to appropriations made by the council.

27. City treasurer.—The city treasurer shall be elected at the time
and in the manner and for the term provided in section sixteen of this
charter. He shall give bond in such sum as the council may prescribe,
with surety to be approved by the council, conditioned for the faith-
ful discharge of his official duties in relation to the revenue of the
city, and of such other official duties as may be imposed upon him
by this charter and the ordinances of the city. Subject to the super-
vision of the city manager, he shall collect and receive all city taxes,
levies, assessments, license taxes, fees and all other revenues or
moneys accruing to the city, and for that purpose shall be vested with
any and all powers which are now or may hereafter be vested 1n such
city treasurer as collector of State taxes. He shall be custodian of
all public money of the city, and of all other money coming into his
hands as city treasurer. The city treasurer shall keep and preserve
such moneys in such banks or trust companies as may be determined
by the council by ordinance or resolution, or by the provisions of any
law applicable thereto. It shall be the duty of said city treasurer to
conduct all of the proceedings and render all services necessary to
perfect the sale and transfer of real estate in said city where the
same shall be sold or advertised for sale for the non-payment of any
taxes or assessments imposed by the council. He shall perform such
other duties, have such powers and be liable to such penalties as a1
now or may hereafter be prescribed by law or ordinance. For suc
services the city treasurer shall receive such compensation as th
council may from time to time prescribe by ordinance.

28. Commissioner of the revenue—The commissioner of th
revenue shall be elected at the time, in the manner and for the terr
provided in section sixteen of this charter. He shall give bond in sucl
sum as the council may prescribe, with surety to be approved by th
council, conditioned for the faithful discharge of his duties unde
this charter and under any ordinance of the city. He shall, subjec
to the supervision of the cityemanager, perform such duties no
inconsistent with the laws of the State in relation to the assess
ment of property and licenses, as may be required by the counc1
for the purpose of levying city taxes and licenses. He shall perform
such other duties in relation to the revenue of the city as may be 1m-
posed by the council. He shall have power to administer such oaths
as may be required by the council in the assessment of license taxes
or other taxes for the city. He shall make such reports in regard to
the assessment of both property and licenses, or either, as may
be required by the council or by the city manager. For all such ser-
vices the said commissioner of the revenue shall receive such com-
pensation as the council may from time to time prescribe by ordinance.

29. Civil and police justice—(a) Election and term.—The council
shall, in the month of September, nineteen hundred and twenty-three,
and biennially thereafter, elect a special justice of the peace to be
known as the civil and police justice, who shall hold office for the
term of two years from the first day of October ensuing his election
and until his successor is duly elected and qualified, unless sooner
removed from office.

(b) Qualifications.—Such civil and police justice, at the time of his
election and during his term of office, shall reside in the city and
shall not, during the said term, hold any other office of public trust.

(c) Oath and bond.—Such civil and police justice, before en-
tering upon the performance of his duties, shall take the official oaths
required by State law, before the clerk of the circuit court of the
citv. He shall also enter into bond in the penalty of two thousand
dollars, before the clerk of said circuit court of the city, with surety
to be approved by said clerk, and conditioned for the faithful perform-
ance of his duties as civil and police justice.

_(d) Compensation.—Such civil and police justice shall rece1ve such
salary as the council may determine, to be paid in monthly or semi-
monthly installments out of the treasury of the city, and he shall receive
no other compensation for his services as such civil and police justice.
His salary shall not be increased or diminished during his term of office.

(e) Daily sessions; substitute. — The court of such civil and
police justice shall be kept open for the transaction of business every
day in the year, except Sundays and legal holidays, but the justice
shall be allowed annually a vacation period of not more than one
month between July first and October first. The council shall appoint
as substitute civil and police justice a person residing in the city, and
may at any time revoke such appointment, and make a new appoint-
ment, in the event of such revocation, or of the death, absence or dis-
ability of such substitute civil and police justice. In the event of the
inability of the civil and police justice to perform the duties of his
office by reason of sickness, absence, vacation, interest in the claim,
proceeding or parties before his court, or otherwise, such substitute
civil and police justice shall perform the duties of the office during
such absence or disability, and shall receive for his services as per
diem compensation equivalent to one-twentieth of a monthly install-
ment of the salary of the civil and police justice payable out of the
treasury of the city; and the council may from time to time, deter-
mine whether or not such compensation shall be deducted from the
salary of the civil and police justice. While acting as such either the
civil and police justice or the substitute civil and police justice may
perform all acts with reference to the proceedings and judgments of
the other in any warrant, claim or proceeding before the court of the
civil and police justice in the same manner and with the same force
and effect as if they were his own.

(f) Jurisdiction of the civil and police justice shall be as follows:

1. The said civil and police justice shall be a conservator of the
peace within the corporate limits of the city and for one mile beyond
said limits, and within such limits he shall have exclusive original
jurisdiction for the trial of all offenses against the ordinances of the
city ; and, within the corporate limits of said city, and for one mile be-
vond such limits, he shall have concurrent jurisdiction with the circuit
court of said city and with the circuit court of Nansemond county for
the trial of all cases of violations of the revenue and election laws of
the State, except the State law with reference to intoxicating liquors ;
and, except where it is otherwise especially provided, he shall have ex-
clusive orginal jurisdiction for the trial of all other misdemeanor
cases occurring within his jurisdiction; in all of which cases the
punishment shall be that which is provided by law or ordinance.

2. In civil matters the. jurisdiction of the civil and police justice
shall be that of justices of the peace for counties.

No other justice of the peace shall hereafter exercise such crimi-
nal or civil jurisdiction as is herein conferred on said civil and police
justice, except as provided herein.

(g) Issuance of warrants—A warrant within the jurisdiction
conferred upon the civil and police justice shall be issued by him
and returnable only before him.

(h) Costs and fees—The civil and police justice shall collect all
costs and other fees required by law or ordinance to be paid, and, at ot
before the time of hearing had before him on any claim of which he is
given jurisdiction by clause two of subsection (f) of this section
the plaintiff in such claim shall pay to the said civil and police justice
a trial fee of fifty cents for each hundred dollars of value, or fractior
thereof, claimed in the warrant. The trial fee shall be taxed as part of
the cost. The civil and police justice shall pay monthly into the treasury
of the city all costs, trial fees and other fees collected by him. All
fines paid to the said civil and police justice for violations of State
law shall be accounted for by him as required by law.

(i) Procedure—All procedure in claims and proceedings of
which the civil and police justice is given jurisdiction by clause two
of subsection (f) of this section, except so far as is herein otherwise
provided, shall conform to the chapter of the State law concerning
warrants for small claims; except that no motion of either party the
adverse party may be required to file the particulars of the claim
or the grounds of defense, as provided in section sixty hundred and
ninety-one of the Code of Virginia, and except that the proceedings
in a cause wherein an infant or insane person is a party shall not be
stayed because of such infancy or insanity, but the civil and police
justice shall appoint some competent and discreet attorney at law
as guardian ad litem to such infant or insane defendant, whether
such defendant shall have been served with process or not: or,
if no such attorney be found willing to act, the civil and police justice
shall appoint some other discreet and proper person as guardian ad
litem, who shall faithfully represent the interest or estate of the
infant or insane person for whom he is appointed; but the said
guardian ad litem so appointed shall not be liable for costs. The civil
and police justice, upon rendering any judgment, may issue a writ of
fieri facias thereon immediately, if there be not a new trial granted,
nor an appeal allowed, nor a stay of execution; and he may, from
time to time, renew such writ of fieri facias either before or after
the expiration of one year from the date of the judgment.

(j) Appeals and removals—lIn all misdemeanors triable before
such civil and police justice under the provisions hereof, there shall
be an appeal from his judgment to the circuit court of the city, as is
now or may hereafter be provided by law for appeals from the judg-
ment of justices of the peace of the counties. An appeal may be taken
to said circuit court of the city from the judgment of said civil and
police justice imposing a penalty for any infraction of a city ordi-
nance, except that in cases where the penalty imposed is a fine not
exceeding ten dollars, the judgment of the civil and police justice
shall be final. In no civil cases triable before such civil and police
justice shall a removal to any other court be allowed, but in all cases
where the amount involved, exclusive of interest, 1s over twenty
dollars, there shall be an appeal of right to the circuit court of the
city, and all such appeals shall be tried and judgment rendered as
provided by section sixty hundred and thirty-eight of the Code of
Virginia; but no appeal shall be granted unless and until the party
applying for the same has given bond in such amount and with such
surety as is approved by the civil and police justice, to abide the judg-
ment of the court upon the appeal. The clerk of the circuit court
of the city, upon receipt of the papers in any such appeal case, shall,
upon payment of the writ tax, forthwith docket such case in its
regular order; but if said writ tax be not so paid within thirty days
from the date of the judgment, the said appeal shall thereupon stand
dismissed and said judgment shall become final, and the said papers,
upon application of any party in interest, shall be returned to the civil
and police justice by the clerk of said circuit court of the city. Appeal
cases shall not have preference in such circuit court of the city,
as regards time of trial.

(k) Dismissal of claims; docket.—If any claim of which the civil
and police justice is given jurisdiction by clause two of subsection
(f{) of this section shall have been pending before him sixty days,
he shall notify the parties, or their counsel, that the same will be
dismissed in ten days thereafter unless good cause be shown to the
contrary, and, unless such cause be shown within said ten days, such
civil and police justice shall forthwith dismiss such claim.

The civil and police justice shall keep a.docket in which shall
be entered all cases, civil and criminal, tried and prosecuted before
him, and the final disposition of the same.

All papers connected with any of the proceedings in the trial of
cases before the civil and police justice, except such as may be
removed on appeal and except also such papers in criminal matters
as are required by law to be returned to and lodged in the clerk’s
office of the circuit court of the city, shall be properly indexed and filed
and preserved.

(1) Rules of practice—The civil and police justice shall have the
power to make and enforce such reasonable rules of practice as
are not in conflict with law.

(m) Court room, books and stationery.—The council shall pro-
vide a suitable court room for the civil and police justice, and shall
furnish all necessary furniture, books and stationery. Such books
shall be under the control of the civil and police justice and shall
remain the property of the city.

(n) Removal from office —The civil and police justice may be
removed or suspended from office by the circuit court of the city for
malfeasance, incompetency, gross neglect of official duty, or corrup-
tion in office. All proceedings for such removal or suspension shall
be by order of and on motion before the said circuit court of the city,
upon reasonable notice to the civil and police justice to be affected
thereby. Such officer shall have the right to demand a trial by jury.

(0) Vacancy.—Any vacancy occurring in the office of civil and
police justice arising from the resignation, removal or death of the
incumbent shall be filled by the council by election of a person
with the qualifications prescribed by subsection (b) of this section.

30. Actions against the city for damages.—No action shall be
maintained against the said city for damages for an injury to any per-
son or property alleged to have been sustained by reason of the negli-
gence of the city, or of any officer, agent or employee thereof unless a
written statement, verified by the oath of the claimant, his agent or
attorney, of the nature of the claim and of the time and place at
which the injury is alleged to have occured or been received, shall
have been filed with the city manager within ninety days after the
injury occured. And in any action against the city to recover damages
against it for any negligence, where any person, firm or corporation
is liable with the city for such negligence, every such person, firm or
corporation shall be joined as defendant with the city in any action
brought to recover damages for such negligence, and when there is a
verdict and judgment against the city, as well as against the other
defendant, it shall be ascertained by either the court or the jury
which of the defendants is primarily liable for the damages assessed.

31. Bond issues——The council may, by a recorded affirmative
vote of three-fifths of all the members elected thereto, from time
to time issue and sell bonds for the needs, uses and purposes of the
city, or for the purchase and acquisition of land or other property
for public school purposes or for school buildings and the equipment
thereof, or for any other purpose now or hereafter authorized by
general law, which bonds shall be either registered or coupon bonds
and shall be issued in such denominations and bear such rate of
interest, not exceeding six per centum per annum, as may be deter-
mined by the council. Such bonds shall be made payable in gold or
currency, 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 determine. Interest shall be payable annually or semi-
annually, as may be determined by the council. All of such bonds
shall be exempt from the city of Suffolk taxes and a clause to that
effect shall be inserted in each bond. The council may determine
the price at which such bonds shall be sold.

_ All bonds issued by virture of this section shall be signed by the

president of the council and countersigned by the city clerk, 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 or purposes it was issued, and the proceeds of such bonds
shall be applied exclusively to the purpose or purposes for which
such bonds were issued.

The bonded debt of the city shall at no time exceed in the aggre-
gate the limit prescribed by the.Constitution of this State.

The council shall make annual appropriations out of the revenues
of the city to pay the interest on the bonds of the city.

Whenever the council shall hereafter issue and sell bonds, the
said council shall annually set apart from the revenue of the city such
sum as will be sufficient to meet every such issue of bonds as the
same shall become due. The said sum thus ‘set apart, together with
the accretions thereto arising from interest or investments or other-
wise, shall be known as the sinking fund, and shall be applied and
used only for the payment of the bonded debt of the city as it shall
become due; and until so applied the said sinking fund, with its
accumulation of interest, shall be invested in bonds of the United
States, or of the State of Virginia, or of the city of Suffolk, or of any
city in the State of Virginia having a population of ten thousand
inhabitants or over, according to the last United States census, or
deposited in bank on a reasonable rate of interest. Provided, however,
that for any issue of bonds a definite amount of which is payable
annually or otherwise and known as “serial bonds,” no sinking fund
shall be so provided, but for the payment of such serial bonds the
council shall make provision in the budget.

The council may, in its discretion, provide a sinking fund for the
payment of the present bonded indebtedness of the city; and such
sinking fund so provided shall be applied and invested as authorized
and directed in this section.

32. Passage of certain ordinances and resolutions.—No ordinance
or resolution appropriating money exceeding the sum of one hun-
dred dollars, imposing taxes, or authorizing the borrowing of money
shall be passed except by a recorded affirmative vote of a majority
of all the members elected to the council; nor shall any ordinance
or resolution appropriating money exceeding the sum of one thousand
dollars, imposing taxes, or authorizing the borrowing of money be
valid unless at least three days intervene between the introduction
and passage of such ordinance or resolution.

33. License taxes.—(a) Whenever any business, trade, occupation,
calling or other thing is to be done within the city, for which a State
license is required, or may, under the Constitution of this State, or
the Constitution and laws of the United States, be required, the
council may require a city license to be had for doing the same and
may impose a tax thereon for the use of the city, before any person,
firm or corporation shall be permitted to pursue such business, trade,
occupation, calling or other thing within the corporate limits of the
city, provided that nothing herein contained shall be construed to
authorize the requirement of a license or the imposition of a tax in
any case where said requirement or imposition by cities and towns
is forbidden by general law.

(b) The council may require every person, firm or corporation
using or operating a cart, wagon, dray, buggy, motorcycle, auto-
mobile, motor truck, or other vehicle, on the streets of the city to
secure a license and to pay a tax therefor, whether such vehicle is used
or operated for compensation or not.

(c) The council may subject any person, firm or corporation who
or which without having obtained a license therefor, shall follow any
business, occupation, vocation, trade, pursuit, calling, or shall do
any other act for which a license is required pursuant to sub-sections
(a) and (b) of this section, to such fine or penalty as it is authorized
to impose for any violation of its laws.

(d) The council may, in its discretion, determine whether or not
the commissioner of the revenue shall receive fees for issuing and
transferring city licenses, and it may fix the amount of such fees
and change the same from time to time; provided, however, that no
such fees shall be payable out of the city treasury, but shall be paid
by the person obtaining the license or transfer, and such license or
transfer may be withheld by the commissioner of the revenue until
such fees are paid.
34. Property taxes; lien for taxes—(a) For the execution of
its powers and duties, the council may impose a tax on property of
all-kinds and classes, subject to taxation in the city, provided that
the tax on any particular class of property shall not be at a higher
rate than is or may be permitted by the State laws relating thereto,
and provided, further, that the city rate on real and tangible personal
property shall not exceed two dollars and twenty-five cents on each
one hundred dollars of the assessed value thereof.

(b) There shall be a lien on real estate for the city taxes as-
sesssed thereon from the commencement of the year for which they
are assessed. The council may require rea estate in the city delinquent
for the non-payment of taxes to be sold for sail taxes, with interest
thereon, and such per centum for expenses of collection as the council
may prescribe; and the council may regulate the terms on which
real estate so delinquent may be sold or redeemed, provided, however,
that such sales shall be made subject to prior hen of the Common-
wealth for taxes.

35. Laying out of streets—-No property within the corporate
limits of the city or within one mile of said limits, as now or hereafter
established, shall be laid out with streets or alleys thereon, except
upon a plan or plat to be submitted to the city manager and approved
by the council. The said plan or plat shall, if approved by the council,
be recorded in the proper clerk’s office within sixty days after such
approval. The council may, before approving any such plan or plat,
require the owner to lay out and establish proper building lines on
the platted land and to show on the plat that all conveyances of lots
shown on the plat are to be made with reference to such building
lines, for the benefit of the respective lot owners and the city.

Notwithstanding anything in this section contained, the city shall
not be liable for any accidents or damages which may occur or be
sustained upon any street, alley, boulevard or way, heretofore or here-
after laid out, until and unless the said street, alley, boulevard or way
shall have been accepted by the council. Nor shall the approval of
any plan or plat in this section referred to, be taken as an acceptance
by the council of any street, alley, boulevard or way shown thereon.

36. Oath of office and qualification—Except as otherwise pro-
vided by general law or by this charter, the members of the counci!
and all officers elected or appointed under the provisions of this
charter, shall, before entering upon the discharge of their duties take
the oath of office and execute such bond as may be required by
general law, before the clerk of the circuit court of the city, and,
if the requirements of this section have not been complied with by
any councilman or officer within thirty days after his term of office
shall have begun or after his appointment to fill a vacancy, then such
office shall be considered vacant.

37. Working prisoners—Subject to the general laws of the
State regulating the working of those convicted of offenses against
the State, the council shall have the power to provide for the employ-
ment or the working, either within or without the city limits, or
within or without any city prison or jail, of all persons sentenced
to confinement in said prison or jail for the violation of the laws
of the State or the ordinances of the city.

38. Continuance in office—All members of the present council
and all other persons holding office in said city shall continue in
office to the end of the terms for which they were respectively elected
and until their respective successors shall have been elected and
qualified, and shall exercise the powers conferred and perform the
duties imposed by this charter or by such provisions of the general
law as are not in conflict with this charter.

39. General laws to apply.—All general laws of the State
applicable to municipal corporations, now in existence or hereafter
enacted and which are not in conflict with the provisions of this
charter or with the ordinances or resolutions heretofore or hereafter
enacted or adopted by the council pursuant to authority conferred
by this charter, shall be applicable to the said city; provided, how-
ever, that nothing contained in this charter shall be construed as lim-
iting the power of the council to enact any ordinance or adopt any
resolution not in conflict with the Constitution of this State or with
the express provisions of this charter.

40. Existing ordinances and resolutions.—All ordinances and
resolutions in force at the time of the taking effect of this charter and
not inconsistent with its provisions shall continue in force until
amended or repealed.

41. Repealing clause—aAll acts and parts of acts in conflict with
this charter are hereby repealed insofar as they affect the provisions
of this charter, and former charters for the said city, and amendments
thereto, are hereby repealed.

42. Citation of act.—This act may for all purposes be referred
to and cited as the Suffolk charter of nineteen hundred and twenty-
two.

43. When charter takes effect—An emergency is hereby declared
to exist, and this act shall be in force and effect from its passage.