Chap. 198.—An ACT to amend and re-enact an act of the general assembly of
Virginia, which became a law without the governor’s signature, March 22,
1926, entitled an act to amend and re-enact an act of the general assembly
of Virginia, approved March 14, 1924, which, in turn, was entitled an act
to amend and re-enact an act of the general assembly of Virginia, approved
March 6, 1906, entitled an act to incorporate the town of Virginia Beach
in the county of Princess Anne, and to define the boundaries of the said town
of Virginia Beach, as set forth in the said act of the general assembly of Vir-
ginia, approved March 6, 1906; and in an order of the circuit court of Princess
Anne county, Virginia, entered on the 28th day of May, 1923, and in an
order of the circuit court of Princess Anne county, Virginia, entered on
the 14th day of May, 1928; to create the town of Virginia Beach as a sepa-
rate school district; to provide for a town school board;to provide for the
levy of a tax for the establishment, maintenance and conduct of town schools;
to provide a levy for capital expenditures for said schools. [H B 83]

Approved March 22, 1930

1. Be it enacted by the general assembly of Virginia, That an act
of the general assembly of Virginia, which became a law without the
governor’s signature, March twenty-second, nineteen hundred and
twenty-six, entitled an act to amend and re-enact an act of the general
assembly of Virginia, approved March fourteenth, nineteen hundred
and twenty-four, entitled an act to amend and re-enact an act of the
general assembly of Virginia, approved March sixth, nineteen hundred
and six, entitled an act to incorporate the town of Virginia Beach, in
the county of Princess Anne, Virginia, and to define the boundaries
of the said town of Virginia Beach, as set forth in the said act of the
general assembly of Virginia, approved March sixth, nineteen hundred
and six; and in an order of the circuit court of Princess Anne county,
Virginia, entered on the twenty-eighth day of May, nineteen hundred

and twenty-three, and in an order of the circuit court of Princess
Anne county, Virginia, entered on the fourteenth day of May, nine-
teen hundred and twenty-eight, be amended and re-enacted so as to
read as follows:

Section 1. That the territory hereinafter described and the in-
habitants thereof, shall be a body corporate and politic, to be known
and designated as the town of Virginia Beach, and as such shall exer-
cise all the functions of a municipal corporation, shall have perpetual
succession, may sue and be sued, contract and be contracted with, and
have a corporate seal which it may alter, renew or amend at its pleas-
ure; provided, however, that the territory described in clause (b) of
this section, which was annexed to the town of Virginia Beach by an
order of the circuit court of Princess Anne county, Virginia, entered
on the twenty-eighth day of May, nineteen hundred and twenty-three,
shall be subject to the terms, conditions and provisions of said order;
and, provided further, that the territory described in clause (c) of
this section, which was annexed to the town of Virginia Beach by an
order of the circuit court of Princess Anne county, Virginia, entered
on the fourteenth day of May, nineteen hundred and twenty-eight, shall
be subject to the terms, conditions and provisions of said order.

The following is a description of the territory above referred to:

(a) The territory described in the above mentioned act, approved
March sixth, nineteen hundred and six:

Beginning at a point in the county of Princess Anne, on the Atlantic
ocean, where the Chautauqua by the sea and W. H. Hall’s line ad-
join; thence running northerly along Atlantic ocean to Twenty-sixth
street to Linkhorn bay; thence running southerly along Linkhorn bay
and following the westerly boundary of the Virginia Beach Develop-
ment Company’s property until it strikes Parks avenue, as shown on the
plat of Virginia Beach, recorded with the deed to Robert M. Hughes,
duly recorded in the clerk’s office of Princess Anne circuit court, July
twenty-first, eighteen hundred and eighty-seven; thence running south
down the center of Parks avenue through the property now or formerly
the Atlantic Investment Company, until it strikes the lines of the Vir-
ginia Beach Development Company’s property; thence following the
boundary of the Virginia Beach Development Company’s property to a
cove in Lake Rudee; thence running eastwardly along the southern
boundary of the Virginia Beach Development Company’s property
to a point in Hall’s line; thence eastwardly in a straight line to the
point of beginning.

(b) The territory described in a certain order entered by the cir-
cuit court of Princess Anne county, Virginia, on the twenty-eighth
day of May, nineteen hundred and twenty-three, in the annexation pro-
ceedings of town of Virginia Beach against board of supervisors of
Princess Anne county, Virginia:

Beginning at the northwestern corner of the corporate limits of
the town of Virginia Beach, which is located in an arm of Linkhorn
bay and running thence northwestwardly down the center of said arm
of said Linkhorn bay and continuing thence down the center line of
1930] ACTS OF ASSEMBLY 54:

said Linkhorn bay proper as it meanders, until said line intersect:
with a line extended or prolonged in a straight line from the shore
of the northern side of a road which constitutes, in part, the northert
boundary of the property of the Virginia Beach Development Com.
pany, known as Linkhorn park, as shown on a plat or map of Linkhorr
park property of Virginia Beach Development Company, recordec
in the clerk’s office of Princess Anne county, Virginia, in map book
five, page one hundred and fifty-one; thence eastwardly along the
northern side of said road to a point marked “Walnut” on said map ot
plat; thence in an eastwardly direction to a point marked “Hickory”
on said map or plat; thence northeastwardly along the center line of
a ravine to Crystal lake, on said map or plat; thence across Crystal
lake in a line drawn northeastwardly from the center line of said
ravine to a point where the northern side of an extension of a road
known as “Holly road,’ would intersect with the eastern shore of
said Crystal lake, as shown on said map; thence in a southeasterly
direction along the eastern side of said extension of said road to a
point where the southern line of the property of the Holly Beach Cor-
poration intersects with said road as shown on said map, which said
line 1s a prolongation or extension of the northern line of Fortieth
street; thence in an easterly direction along said last mentioned line
and the northern side of Fortieth street to the Atlantic ocean ; thence
southwardly along the Atlantic ocean to the northern boundary of
the present town of Virginia Beach where it intersects with said At-
lantic ocean; thence westwardly along the northern boundary line of
the present town of Virginia Beach to the point of beginning.

(c) The territory described in a certain order entered in the cir-
cuit court of Princess Anne county, Virginia, on the fourteenth day of
May, nineteen hundred and twenty-eight, in the annexation proceedings
of town of Virginia Beach against board of supervisors of Princess
Anne county, Virginia:

Beginning at a point which is the intersection of the northern
boundary of the present town of Virginia Beach with the Atlantic
ocean, said point being at the intersection of a prolongation of the
northern line of Fortieth street with the Atlantic ocean, and running
thence westwardly along said northern boundary of the present town of
Virginia Beach (being along the northern boundary of said Fortieth
street and a prolongation thereof) to a point in the eastern boundary
of the present town of Virginia Beach, which point is at the intersec-
tion of a prolongation of the northern line of said Fortieth street
with the eastern line of Holly road; running thence along the eastern
boundary of the present town of Virginia Beach, being the eastern line
of said Holly road, in a general northerly direction, and along the
eastern shore of Crystal lake to a point marked “A” on the map
hereto attached, and made a part of this decree; thence in an easterly
direction along the southern line of the property designated on said
map as ‘‘Formerly Mrs. Butts,” across Atlantic boulevard to the Atlan-
tic Ocean; thence in a southerly direction, along said Atlantic ocean to
the point of beginning. The said property hereinabove described being
designated by, and included in lines made in red ink on the plat an-
nexed to, and hereby made a part of this decree.

Section 2. There shall be a mayor who shall be an elector of said
town and who, together with the six members of the council, shall
constitute the governing body of the town, he shall be elected by the
qualified electors of said town at the general election to be held on the
second Tuesday in June, 1930, and every four years thereafter, and
shall enter upon the duties of his office on the first day of September
next succeeding his election, and shall continue in office until his suc-
cessor is elected and qualified.

There shall be six councilmen, all of whom shall be electors of said
town, who, together with the mayor, shall constitute the governing
body of said town and they shall be elected by the qualified electors
of said town at the general election to be held on the second Tuesday
in June, 1930. At said election the three candidates receiving the
highest number of votes, shall serve for a period of four years, and
the three candidates receiving the next highest number of votes shall
serve for a period of two years. All members of the council shall
enter upon the duties of that office on the first day of September next
succeeding their election and shall continue in office until their suc-
cessors are elected and qualify. On the second Tuesday in June, nine-
teen hundred and thirty-two, the qualified electors of said town shall
elect three members of the council to succeed the members whose
term will expire on August thirty-first, nineteen hundred and thirty-
two, and the members so selected shall serve for a term of four years
beginning September first, nineteen hundred and thirty-two, and the
term of all councilmen thereafter shall be four years, three members
being elected every two years.

Section 3. There shall be a clerk and treasurer, both offices being
filled by one person, who shall be an elector of said town and shall be
elected by the qualified voters of said town at the general election to
be held on the second Tuesday in June, nineteen hundred and thirty,
and every four years thereafter, and who shali enter upon the duties
of his office on the first day of September next succeeding his election
and shall continue in office until his successor is elected and qualified ;
said clerk and treasurer shall be paid a salary of not less than eighteen
hundred dollars per year, out of the treasury of the town and the
council of the town shall make provision therefor and said clerk and
treasurer shall receive no other compensation for his services. The
duties of said officer shall be prescribed by the council.

Section 4. There shall be a police justice for said town who shall
be an elector of said town and shall be elected by the council of said
town at its first regular meeting in September, nineteen hundred anc
thirty, and every two years thereafter; and he shall enter upon the
duties of his office immediately upon qualification, in the manner pre-
scribed by law for the qualification of justices of the peace, and shal
continue in office until his successor is elected and qualified. The saic
police justice shall have the same jurisdiction for the trial of crimina
cases and the violation of town ordinances as is granted to the mayor:
of towns by the laws of the State of Virginia; he shall have exclusive
original jurisdiction of all criminal cases arising within the corporate
limits of the town of Virginia Beach, to the extent that no justice of
the peace for Princess Anne county shall have any jurisdiction of any
criminal cases arising within the corporate boundaries of the town;
he shall receive as compensation for his services the same fees that
are allowed by law to the justices of the peace, or in lieu thereof,
such compensation as the council may prescribe.

The council shall also elect an assistant police justice who shall
qualify in the same manner as the police justice is required to qualify,
and whose term of office shall be coterminous with that of the police
justice. Such assistant police justice shall have the same powers and
shall perform all the duties of the police justice in his absence and,
in all cases which may be improper for him to try on account of inter-
est, or for any other reason.

Section 5. The said town, its council and officers shail have all
the rights, privileges and powers conferred by the general laws of
this Commonwealth upon towns, town councils and town officers.

Section 6. In addition to the powers herein and by general law
conferred, the council of said town shall have the following powers:
To enter into contracts for supplying the town and its inhabitants
with water, gas, electric current and other public utilities; to issue
bonds and other obligations for municipal purposes; to levy and collect
taxes and assessments on persons, property subject to local taxation,
privileges, amusements, businesses, professions and occupations; to
issue licenses for the conduct or operation of privileges, amusements,
businesses, professions and occupations; to make and collect charges
and fees therefor; to establish, impose and enforce water rates and
charges for public utilities or other services, productions or conven-
iences operated, rendered or furnished by the town; to establish zoning
districts and adopt and endorse building regulations and restrictions ;
to alter, change and close streets, lanes, and alleys; to provide for the
preservation of the general health of the inhabitants of said town, and
to make all necessary, proper or convenient sanitary regulations; to
exercise full police powers and establish and maintain a department or
division of police; to do all things whatsoever necessary, proper, expe-
dient, or convenient for promoting or maintaining the general welfare,
comfort, education, morals, government, health, trade, commerce, and
industries of the town or its inhabitants; to make and enforce all ordi-
nances, resolutions, rules and regulations necessary, expedient or con-
venient for the purpose of carrying into effect the powers conferred
herein, or by any general law and to provide and impose suitable penal-
ties for the violation of such ordinances, resolutions, rules and regula-
tions, or any of them, by fine not exceeding five hundred dollars or
imprisonment not exceeding six months, or both. The said town may
maintain a suit to restrain, by injunction, the violation of any ordinance
or resolution notwithstanding such ordinance or resolution may pro-
vide punishment for its violation.
-_

Section 7. The present mayor and councilmen, clerk and treasurer
and police justice shall continue in office until the expiration of their
term of office, or until their successors shall have been elected and
qualified. :

' Section 8. To improve local conditions at once an emergency is
declared and this act shall be in force from its passage.