CHAPTER 53

in Act to provide a charter for the town of Onancock, in Accomack
County, and to repeal Chapter 127 of the Acts of Assembly of 1881-82,
approved February 15, 1882, and all acts amendatory thereof.

[H 17]
Approved February 15, 1962

Be it enacted by the General Assembly of Virginia:

§ 1. The inhabitants of the territory embraced within the present
nits of the town of Onancock, in Accomack County, Virginia, as herein-
ter defined, or as the same may be hereafter altered or established by
¥, Shall constitute and continue a body politic and corporate, to be known
d designated as the town of Onancock, and as such shall have and may
2rcise all powers which are now, or hereafter may be conferred upon or
legated_ to towns under the Constitution and laws of the Common-
alth of Virginia, as fully and completely as though such powers were
specifically enumerated herein. No enumeration of particular powers by
this charter shall be held to be exclusive.

The town shall have, exercise and enjoy all the rights, immunities,
powers and privileges and be subject to all the duties and obligations now
appertaining to and incumbent on said town as a municipal corporation,
and shall have perpetual succession, may sue and be sued, implead and be
impleaded, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure by proper ordi-
nance.

§ 2. The boundaries of the town of Onancock, Virginia, shall be and
remain as now established, but the boundaries thereof are incorporated
herein by reference to an act of the General Assembly entitled “An act to
provide a charter for the town of Onancock, Accomack County, Virginia”
approved February 15, 1882, and by reference to the recordation in the
Clerk’s Office of Accomack County, Virginia, in the court where deeds are
admitted to record, of the final decree or order of the court establishing
such boundaries which final decree or order was entered May 29, 1957,
in said Clerk’s Office in Common Law Order Book 1954-1958, Page 367.

§ 3. The powers set forth in §§ 15-77.5 through 15-77.70 of Chap-
ter 5.1 of the Code of Virginia as in force on January one, nineteen hun-
— sixty-two, are hereby conferred on and vested in the town of Onan-
cock.

§ 4. The Mayor shall be elected for a term of two years at the time
and in the manner provided by law and his compensation shall be fixed
by the council.

§ 5. Six electors of the town of Onancock shall be elected as coun-
cilmen of the town on the second Tuesday of June, nineteen hundred sixty-
two. The three councilmen who receive more votes in said election than
the other members, shall serve as members of the council for terms of
four years each. The remaining three members shall serve for a term of
two years each.

In the regular municipal election to be held on the second Tuesday of
June, nineteen hundred sixty-four, and every two years thereafter, three
councilmen shall be elected for terms of four years each. Terms of office
shall begin on the first day of September next following their election.
Each councilman elected as hereinabove provided shall serve for the term
stated or until his successor shall have been elected and qualified.

Vacancies in the council shall be filled within sixty days after such
vacancy occurs for the unexpired term by a majority vote of the remain-
ing members; provided, that if the term of office to be filled does not ex-
pire for two years or more after the next regular election for councilman
following such vacancy and such vacancy occurs in time to permit it, then
the council shall fill such vacancy only for the period then 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 qualification
succeed such appointee and serve the unexpired term. The number of can-
didates for council equal to the number of vacancies to be filled for full
terms receiving the highest number of votes shall be entitled to such full
terms and the candidate receiving the next highest number of votes shall
be entitled to the unexpired term caused by such vacancy.

§ 6. All town 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 pro-
visions of this act until their successors are duly elected or appointed as
provided by law or until action is taken by the town as set forth in § 15-
77.9 of Chapter 5.1 of Title 15 of the Code of Virginia as in force on Janu-
ary one, nineteen hundred sixty-two.
_ § 7. The council may appoint a police justice for the town who shal
give such bond as the council requires and shall receive such compensatior
as the council prescribes. Such police justice shall have during such time
as he serves the same powers as are conferred by law upon police justice:
for towns of this State including original exclusive jurisdiction to try case:
involving violations of town ordinances, and shall have like powers in the
matter of collecting fines and costs imposed by him as are vested by law
in the judges of county courts. The mayor of the town shall be eligible for
the office of police justice. The police justice shall hold his office for «
period of two years or until his successor is appointed and qualified.

§ 8. All ordinances and resolutions heretofore made and adopted by
the town, 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 town.
2. Chapter 127, of the Acts of Assembly of 1881-82, approved February
15, 1882, and all acts amendatory thereof, are repealed.

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