Chap. 46.—An ACT to amend and re-enact Section 2, as heretofore amended, of
Article II of an act entitled “An act to incorporate the town of Phcebus, in
Elizabeth City County.”, approved January 22, 1900, and to further amend
the said act by adding to Article III thereof a new section numbered 1-a, con-
ferring certain additional powers on the council of the said town. [H B 140]

Approved February 17, 1942

I. Beit enacted by the General Assembly of Virginia, That section
two, as heretofore amended, of Article II of an act entitled “An act to
incorporate the town of Phoebus, in Elizabeth City county.”, approved
January twenty-second, nineteen hundred, be amended and re-enacted,
and that the said act be further amended by adding to Article III thereof
a new section numbered one-a, so that the amended section and the new
section shall be as follows: a

Section 2. (Article II).—(a) At the first meeting of each council
after the members thereof shall have qualified, such council shall appoint
a town sergeant who shall be an elector of the said town and not a mem-
ber of the council. The town sergeant shall perform the duties herein
specified and hold office for two years, or until his successor shall have
been appointed and have qualified, subject to the general laws and the
powers of this charter as to removal before the expiration of his term of
office, and in the event of any vacancy existing in said office, the council
shall fill such vacancy for the unexpired term of such office.

(b) The mayor shall be chief magistrate of the municipal corpora-
tion hereby created, and he shall have exclusive original jurisdiction of all
offenses of whatever nature against the ordinances of the town, and the
general laws of the State of Virginia, and in addition is vested with all
rights, powers and privileges conferred upon such office by the general
laws governing towns of less than five thousand inhabitants; and in civil
cases that arise within the corporate limits, he shall have and exercise all
powers vested in a justice of the peace by the laws of this State. The
mayor shall be president of the council, and as such, shall preside at its
meetings, but he shall have no vote, except that in case of a tie, upon any
question which may be before the council for consideration, then the
mayor shall have the casting vote. He, or any three members of the
council, may call special sessions of that body.

(c) The mayor shall receive for his services such a salary as the
council may deem proper, provided the same shall not exceed one thou-
sand five hundred dollars per year, which salary shall be in full compen-
sation for all services and in lieu of all fees for the trial of State and
municipal offenses, but the mayor shall receive, in addition to his salary,
the fees allowed by law for the hearing of civil cases; he shall tax and
collect the usual fees for violation of State and municipal laws prescribed
by the statute, or by the ordinances of the town, and all fees so collected
shall be paid into the town treasury monthly, and the mayor shall perform
such other duties required of him by the general laws of this State and of
this charter.

(d) It shall be the duty of the recorder to keep a fair and proper
record of the proceedings of the council, and to publish in such manner
as the council may indicate, the by-laws, ordinances and resolutions that
may from time to time be adopted. He shall, under such ordinances and
resolutions as the council may adopt issue licenses to all persons engaged
in a pursuit, business, occupation, calling, profession or other purpose for
which a license shall be required, and shall perform such other duties as
may be required of him by the council and by the provisions of this act,
for which services he shall receive such compensation as the council may
determine to be right and proper, not exceeding seventy-five dollars per
month. But before entering upon the discharge of his duties, the recorder
shall enter into a bond, with security to be approved by the council in the
penalty of five hundred dollars, payable to the town of Phoebus, Virginia,
conditioned upon the faithful performance of his duties.

(e) The treasurer shall keep all funds and other moneys belonging
to the corporation, and pay out the same on the order of the council,
drawn by the mayor and attested by the recorder. The said treasurer shall
be required to give bond before entering upon the discharge of the duties
of his office, with security to be approved by the council, in the sum of
five thousand dollars, payable to the town of Phoebus, Virginia, and shall
make to the council, at such times as it may require, a statement of all his
receipts and disbursements. He shall receive no salary, but his compensa-
tion for the performance of his duties shall be a commission of five per
centum of all moneys received by him from all sources except on the
proceeds of bonds issued by the town or money borrowed by the town,
upon which amounts collected as the proceeds from the sales of bonds or
from money borrowed he shall receive a commission of one-fourth of one
per centum only, and on money collected and invested by the town and
subsequently paid back, he shall receive a commission of five per centum
only upon the interest collected thereon. ;

(f) The town sergeant shall be a conservator of the peace, and, in
civil cases that may arise within the corporate limits of the town, he shall
be vested with all the power which the general laws of this State confer
upon constables; his jurisdiction as a police officer shall extend one mile
beyond the corporate limits. He shall possess the like right of distress and
power in collecting municipal taxes possessed by a sheriff or constable in
collecting State and county taxes.

(g) All fees arising from the performance of his duties, other than
in civil matters, shall be collected by the mayor and turned into the treas-
urer of the town. He shall receive as the full compensation for the dis-
charge of his duties, other than those in purely civil matters, such salary
as may be prescribed by the council, not exceeding one hundred and hiity
dollars per month. The sergeant before entering upon the discharge of
his duties, shall execute a bond, with security to be approved by the
council, in the sum of one thousand dollars, payable to the Common-
wealth of Virginia, and conditioned upon the faithful discharge of his
duties, and the payment to the said town of all moneys and fines collected
and received by him by virtue of his office, and such bond shall be re-
corded in the clerk’s office of the circuit court of Elizabeth City county ;
the town sergeant shall be under the direct control of the council and shall
perform such duties as may be required of him by this act and by the
resolutions or ordinances of the council; and he shall be subject to re-
moval by a vote of at least six members of the council for incompetence,
misconduct or negligence of duty after reasonable notice. The town
sergeant shall be ex-officio chief of police of the town, and as chief of
police shall see that all the laws of the State are faithfully executed and
carried out by the police force and shall be at all times subject to*such
rules and regulations as may be passed by the council governing the police
force and the management thereof.

Section l-a. (Article III).—In addition to the powers enumerated
in section one of this article, the council shall have power to contract with
any person, firm or corporation, State of Virginia, United States of
America or any of their agencies as to any matter or thing that affects the
conduct of its affairs, the peace, comfort, convenience, order, morals,
health and protection of its citizens and of their property; and in such
instances where monies have been appropriated for the use and benefit
of the town and for labor or material or construction, any or all, for the
exclusive benefit of and application in the Town of Phoebus; the said
Town of Phoebus is hereby empowered at the direction of the said council
of the Town of Phoebus, Virginia, to bid in competition with any other
bidders to the end that the town itself may undertake construction or
repairs in the town to be applied for the benefit of the town, of such labor
or construction to be done entirely within the town.