CHAPTER 219

An Act to provide a charter for the city of South Boston and to repeal
Chapter 180 of the Acts of Assembly of 1883-1884, approved February
19, 1884, which provided a charter for the town of South Boston, and
all amendments thereof.
[H 2387]

Approved March 9, 1960

Be it enacted by the General Assembly of Virginia:

1. § 1. The inhabitants of the territory embraced within the present
limits of the city of South Boston as hereinafter defined, or as the same
may be hereafter altered or established by law, shall constitute and con-
tinue to be a body politic and corporate to be known and designated as
the city of South Boston; and as such, and by that name, shall have per-
petual succession, with the power to 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 boundaries of the city of South Boston shall be as shown
on a plat thereof made in June, nineteen hundred fifty-two, and revised
in October, nineteen hundred fifty-seven, and recorded November thirty,
nineteen hundred fifty-nine, in plat book six, page ninety-five, in the Office
of the Clerk of the Circuit Court of Halifax County, Virginia.

. The municipal government provided by this charter shall be
known as the “Council-Manager Government” pursuant to its provisions
and subject only to the limitations imposed by the State Constitution anc
by its charter all powers of the city shall be vested in an elective council!
hereinafter referred to as the council which shall enact local legislation.
adopt budgets, determine policies, and appoint the city manager who shal
execute the laws and administer the government of the city. All powers
of the city shall be exercised in the manner prescribed by this charter, o1
if the manner be not prescribed, then in such manner as may be prescribec
by ordinances.

§ 4. The legislative powers of the city shall be vested in a counci
consisting of seven members, including the mayor. Three members of the
council and the mayor shall constitute a quorum and at a meeting so con
stituted, the mayor shall have the right to vote and at any other meeting
of the council he shall have the right to vote in the event of a tie. Four
members of the council shall constitute a quorum without the presence of
the mayor. The terms of the three members of the council who were
elected in June, nineteen hundred fifty-seven, shall expire on August
thirty-one, nineteen hundred sixty-one. At the regular municipal election
to be held on the second Tuesday in June, nineteen hundred sixty-one, and
every four years thereafter, three councilmen shall be elected for a term
of four years each. The term of the present mayor and the three members
of the council who were elected at the regular municipal election in June,
nineteen hundred fifty-nine, shall expire on August thirty-one, nineteen
hundred sixty-three. At the regular municipal election to be held on the
second Tuesday in June, nineteen hundred sixty-three, and every four
years thereafter, the mayor and three councilmen shall be elected for a
term of four years each. ;

The terms of office shall commence on September one following the
election. The mayor and the councilmen shall serve until their successors
are elected and qualified.

The mayor and members of the council shall receive compensation
for their services in an amount to be determined by the council, which
compensation shall not exceed eighteen hundred dollars per annum for the
mayor nor six hundred dollars per annum for each of the remaining
members of the council.

Vacancies in the council shall be filled within thirty days after such
vacancy or vacancies occur for the unexpired term by a majority vote of
the remaining members, provided that if the term of office to be filled does
not expire for two years or more after the next regular election for coun-
cilmen following such vacancy, and such vacancy occurs in time to permit
it, then the council shall fill such vacancy only for the period remaining
until such election and a qualified person shall then be elected by the
qualified voters and shall from and after the date of his election and quali-
fication succeed such appointee and serve the unexpired term.

The number of candidates equal to the number of vacancies to be
filled for full terms receiving the highest, second highest, and third high-
est number of votes shall be entitled to such full terms, and the candidate
receiving the fourth highest number of votes shall be entitled to the
unexpired term caused by such vacancy.

§ 5. The mayor shall preside at meetings of the council, and shall
be recognized as head of the city government for ceremonial purposes and
by the Governor for purposes of military law. The mayor shall have the
power to suspend and the council to remove any city officer appointed by
the council for misconduct in office or neglect of duty to be specified in
the order of suspension or removal, but no such removal shall be made
without reasonable notice to the officer complained of and an opportunity
afforded him to be heard in his defense.

The council shall elect from the members of the council a vice-mayor,
and the vice-mayor shall in the absence or disability of the mayor perform
all of the duties of that office.

If a vacancy shall occur in the office of mayor the council shall by
majority vote of the remaining members choose one of their number to
perform the duties and hold the office until a successor is elected and
qualified as provided in § 4 of this charter.

§ 6. The powers set forth in §§ 15-77.5 through 15-77.70 of Chap-
ter 5.1 of Title 15 of the Code of Virginia as in force on January one,
nineteen hundred fifty-nine, are hereby specifically conferred upon the city
of South Boston, as provided in and pursuant to the provisions of said
Chapter of the Code of Virginia.

The council also shall have power to require the payment to the city
of a tax not exceeding ten per centum of the gross amount of any bill,
statement or account made up for the collection for services rendered ir
furnishing electric light or power or for services rendered by any public
utility company within the corporate limits of the city of South Boston
and may require that such tax be added to the statement rendered for
such service and that it be paid to the city upon collection thereof at
regular intervals to be prescribed by the council.

The council shall have power to require the payment of a tax to the
city of not exceeding two cents upon every ticket or paid admission tc
moving picture theatres or other theatres and to any place of amusement
show, carnival, fair, baseball game or other sport, and the council shall
have power to provide for the collection of such tax through the manage-
ment or other person in charge of any place subject to the terms of this
section. The council may exempt from such tax any show, game or per-
formance conducted for religious, educational or charitable purposes.

§ 7. The council may elect a legally qualified person to be known as
the police justice of the city of South Boston, who shall have the same
powers as the mayor to issue process, hear and determine prosecutions and
controversies which may arise under the laws and ordinances of the city,
impose fines and inflict punishment when and wherever they are authorized
by the said laws and ordinances; and to issue executions for the collection
of fines. Appeals may be taken from the decision of the police justice to
the Circuit Court of the County of Halifax.

Such police justice shall qualify in the same manner as the mayor and
shall hold office for a term ending December thirty-one, nineteen hundred
sixty. The term of office shall thereafter be two years beginning January
one, nineteen hundred sixty-one. Such police justice shall be paid such
salary by the city as the council may prescribe.

The council may also elect a legally qualified person to be known as
substitute police justice of the city of South Boston, who shall have au-
thority to exercise all the powers of the police justice in the event of the
absence or disqualification of the police justice. Such substitute police
justice shall serve during the pleasure of the council and shall be paid
such compensation as shall be fixed by the council.

The police justice shall have original jurisdiction in criminal matters
involving any violation of any ordinance of the city of South Boston, which
violation occurs within the corporate limits of the said city.

Should a warrant be issued charging a violation of a city ordinance
and it should develop prior to trial or at any time during trial prior to the
imposition of sentence that the alleged offense involves a felony, then, in
lieu of final disposition by the police justice, the procedure shall conform to
the provisions of Chapter 7 of Title 16.1 of the Code of Virginia. The
police justice shall have power to issue subpoenas for witnesses, take
recognizance and bail bonds, and in the performance of such duties to
administer oaths.

The council of the city shall have power to elect a legally qualified
person to be known and designated as the clerk of the Police Court of the
city of South Boston and to fix the compensation of such officer. Such
clerk shall hold office during the pleasure of the council. The clerk of the
police court so elected shall qualify in the same manner as the mayor, and
shall enter into bond in such penalty as the council shall prescribe, con-
jitioned for the faithful performance of his duties. Such clerk shall have
che same power as the police justice to issue warrants, to issue subpoenas
for witnesses and to take recognizances and bail bonds, and in the per-
‘ormance of such duties to administer oaths.

The council may also elect two qualified persons to be known as warrant
‘fficers of the city of South Boston, who shall hold office during the
Jleasure of the council. Such warrant officers shall qualify in the same
manner as the mayor and shall enter into bond in such penalty as te
council shall prescribe, conditioned for the faithful performance of their
duties. Such warrant officers shall have the same powers as the clerk of the
police court to issue warrants and subpoenas for witnesses, to take recog-
nizances and bail and in the performance of such duties to administer oaths.

§ 8. All officers and employees heretofore elected or appointed shall
remain in office and continue in their employment and be vested with the
powers and duties heretofore imposed upon them by the council or by
operation by law or hereafter imposed upon them under the provisions of
this act until their successors are duly elected or appointed as provided
by law or until action is taken by the city as set forth in § 15-77.9 of
Chapter 5.1 of Title 15 of the Code of Virginia as in force on January one,
nineteen hundred fifty-nine.

§ 9. All ordinances and resolutions heretofore made and adopted by
the city, not in conflict with this charter shall be and remain in full force
and effect until altered, amended or repealed by the council of the city.

2. Chapter 130 of the Acts of Assembly of 1883-1884, approved February
nineteen, eighteen hundred eighty-four, and all acts amendatory thereof
are hereby repealed.

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