Chap. 105.——An ACT to amend and re-enact sections 4 (37), 7, 42 (d), 50 (e)
and 55 of an act entitled an act to provide a new charter for the city of
Bristol, and to repeal all acts or parts of acts in conflict therewith, approved
March 19, 1920, as heretofore amended. {H B 77]

Approved March 5, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tions four (thirty-seven), seven, forty-two (d), fifty (e) and fifty-five
of an act to provide a new charter for the city of Bristol and to repeal
all acts or parts of acts in conflict therewith, approved March nine-
teen, nineteen hundred and twenty and all amendments thereto, be
amended and re-enacted so as to read as follows:

Section 4. Powers of the city of Bristol—

(37) The city is authorized to exempt, by four-fifths vote of the
members of the council, from city taxes only such properties and for
such length of time as may be authorized or permitted by the Con-
stitution and general laws of the State.

Section 7. Composition of council and vacancies——The council
shall consist of five members, who shall be elected on a general ticket
from the city at large and shall serve for a term of four years from
the first day of September next following the date of their election
and until their successors shall have been duly elected and qualified.

Vacancies in the council, except as otherwise provided by general
laws, shall be filled within thirty days, for the unexpired term, by a
majority vote of the remaining members. If any vacancy existing at
the time this act becomes effective be not filled within sixty days there-
after, and if vacancies subsequently occurring be not filled within forty-
five days after they occur, it shall be the duty of the city clerk to certify
such fact to the judge of the corporation court, who shall thereupon, in
term or in vacation, appoint such successor for the unexpired term.
The clerk of said court shall transmit to the council a copy of the
order of appointment, which shall be entered on the minutes of the
next regular or called meeting of the council.

If the city clerk shall fail for ten days to certify such vacancy to
the corporation court, any citizen may file a petition in said court
showing such vacancy, and the court, in term or in vacation, shall pro-
ceed to appoint as herein provided.

Section 42. Bond issues—

(d) Pending the issuance and sale of any bonds, notes or other
obligations by this section authorized, or in anticipation of the re-
ceipt of taxes and revenues of the current fiscal year, it shall be law-
ful for the city to borrow money temporarily and to issue notes or
other evidences of indebtedness therefor, and from time to time to
renew such temporary loans, or to use current funds, to be ultimately
repaid from the proceeds of said bonds, notes or other obligations, or
from the city taxes and revenues, as the case may be; provided that
the proceeds of sale of bonds shall not be used, except for the pur-
poses set out in this subsection, or for permanent improvements and
utilities or refunding issues, unless approved by vote of the people.

Section 50. General taxes—

(e) There shall be a lien on all real estate and on each and every
interest therein for the city taxes assessed thereon from the commence-
ments of the year for which they are assessed. The city council may
require real estate and all of such interest therein in the city delinquent
for the non-payment of taxes to be sold for said taxes, with interest
thereon and such per centum as they may prescribe for expenses of col-
lection, and they may regulate the terms on which real estate so delin-
quent may be sold or redeemed and any person having an interest in such
real estate by way of reversion, remainder or otherwise may redeem the
same after the land has been sold by the treasurer for such taxes; pro-
vided that such sales shall be made subject to the prior lien of the
Commonwealth for taxes.

The city shall also have a lien for its taxes or levies upon all such
corporate property as it is authorized to tax under section one hundred
and seventy-six of the Constitution, said lien shall, subject to the prior
lien of the State for taxes, take precedence of all other liens or ordi-
nances.

All city taxes shall be due and payable as and when similar State
taxes are due and payable, provided that the council may prescribe other-
wise by ordinance.

And the council may in lieu of such penalty as may be provided by
general law for the non-payment of taxes, impose such graduated penal-
ties for non-payment of such taxes at stich times and in such amounts
as it may by ordinance determine, provided that the total of such penal-
ties shall not be in excess of those provided by general law for the non-
payment of State taxes.

Section 55. Vacancies.—Vacancies in the office of the clerk of the
corporation court, attorney for the Commonwealth, commissioner of
the revenue, city treasurer, and city sergeant, shall be filled in the man-
ner provided by general laws of the State.

Vacancies in any and all of the offices provided for in this charter
shall be filled by the authority and in the manner provided herein for
the original appointment or election of such officers, except as otherwise
provided herein.

Vacancies in the council shall be filled in the manner provided by
section seven hereof.

A vacancy now existing in the council, an emergency is declared to
exist and this act shall be in force from and after its passage.