CHAPTER 410

An Act to amend and reenact § 1 of Article III of Chapter 177 of the
Acts of Assembly of 1948, approved March 10, 1948, which provided
a new charter for the town of Bowling Green, the section relating

to powers of the town.
TITY ean
CH. 410] ACTS OF ASSEMBLY 465

Be it enacted by the General Assembly of Virginia:

1. That § 1 of Article III of Chapter 177 of the Acts of Assembly of
1948, approved March 10, 1948, be amended and reenacted as follows:

§ 1. (1) The present mayor and councilmen of the town of Bowling
Green shall continue in office and exercise all the powers conferred by this
charter and the general laws of this State until the expiration of the
term for which they were elected, or until their successors are duly elected
and qualified.

(2) Except as otherwise provided in this charter, all powers of the
town and the administration and government thereof shall be vested in
the council and such boards or officers as are hereafter mentioned, or may

by law otherwise provided.

_ _ (3) On the second Tuesday in June, nineteen hundred and forty-
eight, and every two years thereafter, there shall be elected by the quali-
fied voters of the town, one elector of the town, who shall be denominated
mayor, and seven other electors, who shall be denominated councilmen,
and the mayor and councilmen shall constitute the town council. They
shall enter upon the duties of their offices on the first day of September
next succeeding their election, and shall continue in office until their suc-
cessors are duly elected and qualified. Every person so elected shall take
an oath faithfully to execute and discharge the duties of his office to the
best of his judgment, and the mayor shall take the oath prescribed by
law for State officers. The failure of any person elected or appointed
under the provisions of this charter to qualify or to take the oath re-
quired, within the time prescribed for entering upon the discharge of the
duties of the office to which he is elected or appointed, shall vacate the
said office, and the council shall proceed and is hereby vested with power
to fill such vacancy in the manner herein prescribed.

(4) There shall be appointed for the town a registrar and officers of
election in the manner provided for by general law of Virginia, and all
elections held in said town shall be conducted in accordance with said
general law; the electorate shall be that prescribed by general law.

(5) The council shall judge of the election, qualification, and returns
of its members; * and, with the concurrence of two-thirds, expel a member,
for cause. If any person returned be adjudged disqualified, or be expelled,
a new election to fill the vacancy shall be held on such day as the council
may prescribe. Any vacancy occurring otherwise during the term for
which such person was elected shall be filled by the council by the
appointment of anyone eligible to such office. A vacancy in the office of
mayor shall be filled by the council from the electors of the town, and
any member of the council may be eligible to fill such vacancy.

(6) A majority of the members of the council shall constitute a
quorum for the transaction of business.

(7) Each member of the council may receive a salary to be fixed by
the council, payable at such times, and in such manner as the council
may direct, but the salary paid to any one member during any year shall
not exceed the sum of one hundred dollars ($100.00) per annum. The
mayor may receive a salary to be fixed by the council, payable in such
manner and at such times as the council may direct, not to exceed the
sum of five hundred dollars ($500.00) per annum; and such salary shall
be in lieu of any fees he is entitled to enter up as part of the costs and
receive in the trial of cases of violation of the ordinances of the town as
hereinafter provided for.

(8) The mayor shall preside at the meetings of the council and per-
form such other duties as are prescribed by this charter and by general
law, and such as may be imposed by the council consistent with his office.
The mayor shall. have no right to vote in the council, except in case of a
tie he shall have the right to break the same by his vote; but he shall
466 ACTS OF ASSEMBLY [va., 1956

have the right to veto. He shall take care and see that the by-laws, ordi-
nances, acts and resolutions of the council are faithfully executed and
obeyed, and shall have and exercise all power and authority conferred by
general law on mayors of towns not inconsistent with this charter. He
shall be ex officio a conservator of the peace within the town and within
one mile of its corporate limits; and shall have jurisdiction to issue
process for and try all cases for the violation of the town ordinances,
subject to an appeal to the Circuit Court for Caroline County, Virginia,
and impose such punishment and/or fines as may be prescribed for viola-
tion of the same, and he shall have power to issue executions for all fines
and costs imposed by him, or he may require an immediate payment
thereof, and in default of such payment he may commit the defaulting
party to the town jail or the Caroline County jail until such fine and costs
shall be paid, such commitment, however, not to be for more than two
months, as provided in § 19-809 of the Code of Virginia. He may release
persons accused or convicted of the violation of a town ordinance upon
the giving of sufficient bail to be fixed by him. He shall see that peace
and good order are preserved and that persons and property within the
town are protected. He shall authenticate by his signature such docu-
ments and instruments as the council, this charter, or the laws of this
Commonwealth require. He shall from time to time recommend to the
pouncil such measures as he may deem needful for the welfare of the
wn.

) Every ordinance, or resolution having the effect of an ordinance,
shall, before it becomes operative be presented to the mayor. If he
approves, he shall sign it, but if not, he may return it, with his objections
in writing, to the town clerk who shall enter the mayor’s objections at
length on the minute book of the council. The council shall thereupon
proceed to reconsider such ordinance or resolution. If, after such con-
sideration, two-thirds of all the members elected to the council shall agree
to pass the ordinance or resolution, it shall become operative notwith-
standing the objection of the mayor. In all such cases the votes of mem-
bers of the council upon such reconsideration and the names of the mem-
bers voting for and against the ordinance or resolution shall be entered
on the minute book of the council. If any ordinance or resolution shall
not be returned by the mayor within five days (Sunday excepted) after
it shall have been presented to him, it shall become operative in like
manner as if he had signed it, unless his term of office or that of the
council, shall expire within said five days.

(10) The council shall, as soon as practicable after qualification, and
biennially thereafter following the regular municipal election, appoint one
of its members as vice-mayor. The vice-mayor, during the absence or dis-
ability of the mayor, shall perform the duties and be vested with all the
powers, authority, and jurisdiction, of the mayor; and in the event of a
vacancy for any reason in the office of mayor, he shall act as mayor until
a mayor is duly appointed by the town council or is elected. The member
of the council who shall be chosen vice-mayor shall continue to have all
of the rights, privileges, powers, duties and obligations of councilman
even when performing the duties of mayor during the absence or dis-
ability of the mayor of the town.

(11) The council shall, by ordinance, fix the time for their regular
meetings, which shall be held at least once a month. Special meetings may
be called by the clerk at the instance of the mayor or any two members
of the council in writing; and no other business shall be transacted at a
special meeting except that stated in the call, unless all members be
present and consent to the transaction of such other business. The meet-
ings of the council shall be open to the public except when in the judg-
ment of the council the public welfare shall require executive meetings.
CH. 410] ’ ACTS OF ASSEMBLY 467

(12) The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record proceeding at large
on the minute book and keep the same properly indexed.

(13) The council may adopt rules for regulating its proceedings but
no tax shall be levied, corporate debt contracted, or appropriation of
money exceeding the sum of one hundred dollars be made, except by a
recorded affirmative vote * of a majority of all the members elected to
the council.

(14) There shall be appointed by the council at its first meeting in
September, or as soon as practicable thereafter, a treasurer, who shall
hold office for a term of two years. The council may provide a salary for
the treasurer. He shall give such bond, with surety and in such penalty
as the council prescribes. He shall receive all money belonging to the
town, and keep correct accounts of all receipts from all sources and of all
expenditures of all departments. He shall be responsible for the collection
of all taxes, license fees, levies and charges due to the town, and shall
disburse the moneys of the town in the manner prescribed by the council
as it may by ordinance direct.

(15) The treasurer shall make such reports and at such time as the
council may prescribe. The books and accounts of the treasurer shall be
examined and audited at least once a year by a competent accountant
selected by the council, such examination and audit to be reported to
the council. ;

(16) The council may in its discretion designate the place of deposit
of all town funds, which shall be kept by the treasure separate and apart
from his personal funds.

(17) There shall be appointed by the council, at its first regular
meeting in September after its election, a clerk of the council, who shall
hold office for a term of two years. He shall attend the meetings of the
council and keep its minutes and records and have charge of the corporate
seal and shall attest the same. He shall keep all papers required to be
kept by the council, shall publish such reports and ordinances as are re-
quired to be published, and shall perform such other duties as the council
may from time to time require. His compensation shall be fixed by the
council. Any vacancy to this office shall be filled by the council.

(18) There shall be appointed by the council at its first regular
meeting in September or as soon as practicable thereafter, a town
sergeant, who shall also be chief of police; and shall hold office for two
years. His duties shall be such as the council prescribes. He shall be
vested with the powers of a conservator of the peace. His compensation
shall be fixed by the council.

(19) The council may appoint a trial justice for the said town who
shall serve for two years from the date of his appointment and until
his successor is appointed by the council and qualifies. The mayor, or any
other qualified voter of the town of Bowling Green whom the council
deems qualified, may be appointed by it as such trial justice. If the mayor
is appointed as trial justice, he shall discharge such duties as the trial
justice of the town under this charter and not as the mayor of the town,
in addition to the execution of the duties of mayor imposed upon him by
this charter; and his powers, duties, authority and jurisdiction as such
trial justice shall be as hereinafter provided for the trial justice. Should
the mayor be appointed trial justice, he shall receive the salary of mayor
provided by the council for the discharge of his duties as mayor as well
as such salary of trial justice as may be provided by the council. if any.

Said trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the town of
Bowling Green, and in criminal matters for one mile beyond the corporate
limits thereof, which are, or may hereafter be, conferred upon the trial
468 ACTS OF ASSEMBLY [vA., 1956

justice by the laws of the State of Virginia, so far as the same may be

applicable, and not in conflict with the provisions of this charter; and any

amendments of the trial justice laws of this State shall be considered as

_eeemente also of this section of this charter if the same are applicable
ereto.

Fees and costs shall be assesed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereafter amended. All fees
and costs collected by the said trial justice and all fines collected for
violations of all laws and ordinances of the town shall be paid into the
town treasury for the use and benefit of the town. .

__. Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of Caroline County in the same
manner, upon the same terms and shall be tried in the same way as re-
movals, or as appeals from the decision of trial justices, as the case may
be, are provided to be taken and tried by the laws of the State of Virginia,
relating to trial justices as the same shall now be or as hereafter
amended. .
_ The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and pro-
vide necessary records.
_ _The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council
shall deem proper, and the council may provide also for a vacation period,
either with or without pay, and for such duration, as in the judgment of
the council may be proper.

Like provisions may be made for a substitute justice, and when such
substitute acts, he shall receive the compensation which would have been
paid him had the principal acted, and which compensation shall be deduc-
ted from the salary or allowance made to the principal. .

The town of Bowling Green may combine with the county of Caroline
for the use of one trial justice and one substitute trial justice for such
combined town and county, in such manner as may, be provided by the
laws of the State of Virginia relating to trial justices; and if the town
of Bowling Green and county of Caroline shall at any time combine for
the use of one trial justice and one substitute trial justice for the said
town and the said county, the laws of the State of Virginia relating to
trial justices, so far as applicable, shall control and not this section
of this charter.

(20) The council may appoint or select such other officers as may
be necessary, including a business manager for the town, and fix their
salaries and define their duties.

(21) All ordinances, resolutions and by-laws passed by the council
shall take effect at the time indicated in such ordinances, resolution or
by-law, but in event no effective date shall be set forth in any such ordi-
nances, resolution or by-law passed by the council, the same shall become
effective thirty days from its passage.

2. An emergency exists and this act is in force from its passage.