CHAPTER 372

An Act to amend and reenact §§ 2.01, 6.05, 20.01 and 20.11 of Chapter
211 of the Acts of Assembly of 1962, approved March 9, 1962, which
provided a Charter for the Consolidated City (now known as the city
of Chesapeake) of the City of South Norfolk and Norfolk County, the
amended sections relating respectively to general grants of powers;
authority for the issuance of bonds; courts of records; and the office
of the high constable.

[S 230]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.01, 6.05, 20.01 and 20.11 of Chapter 211 of the Acts of
Assembly of 1962, approved March 9, 1962, be amended and reenacted
as follows:

§ 2.01. General Grant of Powers. The Consolidated City shall have
and may exercise the powers set forth in §§ * 15.1-837 through 15.1-
907 and 88-70.1 through 88-70.11 of the Code of Virginia as in force on
July 1, 1968; certtficates issued pursuant to §§ 88-70.8 to 38-70.11, in-
clusive, Code of Virginia, as amended, and acts amendatory thereof and
supplemental thereto, may be issued by the City Council, signed by the
City Manager and countersigned by the City Treasurer. Such certificate
shall have the same effect as certificates issued by the State Highway
Commissioner, under the aforesaid laws, and may be issued in any case in
which the city proposes to acquire property of any kind by the exercise
of its powers of eminent domain for any lawful public purpose, whether
within or without the city; provided, that the provisions of §§ 33-70.1
through 88-70.11, inclusive, Code of Virginia, as amended, shall not be
used except for the acquisition of lands or easements necessary for streets,
water, sewer or utility pipes or lines or related facilities. In addition
thereto the Consolidated City shall have and may exercise all other powers
which are now or may hereafter be conferred upon or delegated to cities
of the first class under the Constitution and laws of the Commonwealth
and all other powers pertinent to the conduct of a city government, the
exercise of which is not expressly prohibited by the Constitution and laws
and which in the opinion of the council are necessary or desirable to
promote the general welfare of the Consolidated City and the safety,
health, peace, good order, comfort, convenience and morals of its in-
habitants.

§ 6.05. Authority for Issuance of Bonds. No bonds of the city shall
be issued until their issuance shall have been authorized by a majority
of the qualified voters of the city voting in an election held for the purpose
and in the manner provided by general law; provided, however, that the
council may issue bonds in an amount not exceeding * $1,500,000 in
any calendar year, or notes in anticipation of the collection of revenue,
without submitting the question of their issuance to the qualified voters.

§ 20.01. Courts of Record. The Corporation Court of the City of
South Norfolk shall be known as the Corporation Court of the Consolidated
City and the Circuit Court of Norfolk County shall be known as the Circuit
Court of the Consolidated City. The jurisdiction of such courts shall be
coextensive with the area of the Consolidated City. The Circuit Court
shall have exclusive jurisdiction of all criminal matters and of all civil
matters concerning the probate and recordation of wills, the appointment,
qualification and removal of fiduciaries and the settlement of their ac-
counts, the docketing of judgments and the recordation in the manner
prescribed by law of deeds and other papers, authorized and required by
law to be recorded; provided, however, that in any sutt brought in the
Corporation Court in tort or contract where a fiduciary 1s necessary, the
Corporation Court shall have the authority for the appointment, qualifi-
cation and removal of such fiduciary and the settlement of his account.
The Circuit Court and the Corporation Court shall have concurrent juris-
diction of all other matters, and the judges of such courts shall have
authority to transfer any of such matters pending in either court to the
other court for the purpose of equalizing the work of the courts.

§ 20.11. High Constable. Not later than one year after the effec-
tive date of this charter, the council shall appoint a high constable who shall
serve at the pleasure of the council. He shall be the ministerial officer of
the courts not of record and shall have such duties as the council may
prescribe. He shall qualify in the Corporation Court of the City of
Chesapeake and shall give bond with surety to be approved by said court
in the penalty of $7,500,00, payable to the City of Chesapeake, and con-
ditioned for the faithful performance of his duties, said bond to be filed in
the office of the clerk of said court. He shall execute all civil processes,
warrants, summonses and notices emanating from or returnable before
the municipal court, civil division of the city or emanating from any
justice of peace of the city or as may otherwise lawfully be directed to him,
and shall have the same powers, duties and authority with the respect
to the execution of such civil processes, warrants, summonses and notices
as are now or may hereafter be prescribed by law for the city sergeant
of the city. He shall further have such other powers, duties and authority as
may otherwise be prescribed by law or by council by ordinance. He shall
be deemed a conservator of the peace. He shall charge and collect for
services rendered by him and his deputies the fees and sums now or here-
after prescribed by law for the city sergeant of the city for like services.

He shall keep a full, accurate and detailed account of all such fees
and sums and shall pay over to the city treasurer on the fifth day of each
month all fees and sums collected and received during the preceding month,
accompanied by an itemized statement of such fees and sums. The author-
ity hereby conferred shall in no way limit or prevent the execution or
service of any such civil process, warrant, notice or summons returnable
before the municipal court, civil division of the city, by the city sergeant,
or by any other lawful means. Said high constable may, with the ap-
proval of the council, appoint one or more deputies to execute the duties of
his office. The officer making the appointment shall certify the same to
the court in the clerk’s office of which the oath of the principal is filed, and
a record thereof shall be entered in the order book of such court. Each
deputy shall qualify in the corporation court of the City of Chesapeake,
and shall give bond with surety approved by said court in the penalty of
$7,500.00, payable to the City of Chesapeake, and conditioned for the
faithful performance of his duties, said bond to be filed in the office of the
clerk of said court.

The council shall have power to remove the High Constable for
cause and appoint another in his place. Any deputy may be removed from
office by his principal.
For his services he shall receive such compensation as the council
may by ordinance provide, and the council shall make provision by ordt-
nance for the necessary and reasonable expense of conducting his office,
including compensation to his deputy or deputies, which compensation
shall be fixed by council.
2. Anemergency exists and this act is in force from its passage.