CHAPTER 580

An Act to amend and reenact §§ 3 and 80 of Chapter 815 of the Acts
of Assembly, 1956, approved March 10, 1956, which provided a new
charter for the town of Farmville; and to further amend the chapter
by adding a section numbered 26.1, the amended and new sections
relating respectively to election of the council and mayor, the duties
of the mayor and the power of the council to incur indebtedness in
the name of the town; and to further amend said chapter by repeal-
ing 8§ 26, 27, 28 and 29 relating to the power of the council to issue
certain bonds and notes, bonds and notes in anticipation of certain
bonds, the method of issuing such bonds, and the limit on the amount
of such bonds.

[H 288]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 3 and 30 of Chapter 315 of the Acts of Assembly, 1956, ap-
proved March 10, 1956, be amended and reenacted and that the chapter
be further amended by adding a section numbered 26.1, the amended and
new sections being as follows:

The administration and government of the town is vested in
the council composed of the mayor, and seven councilmen, all of whom
shall be electors of the town. The Council and the mayor shall be elected
in the manner provided by law as follows:

The terms of the three members of the council who were elected in
June, nineteen hundred fifty-two, shall expire on June thirty, nineteen
hundred fifty-six. At the regular municipal election to be held on the
second Tuesday in June, nineteen hundred fifty-six, 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 four members of the council who
were elected at the regular municipal election in June, nineteen hundred
fifty-four shall expire on June thirty, nineteen hundred fifty-eight. At the
regular municipal election to be held on the second Tuesday in June,
nineteen hundred fifty-eight, and every four years thereafter the mayor
and four councilmen shall be elected for a term of four years each. Terms
of office shall begin on the first day of July next following their election.
Each councilman and the mayor elected as hereinabove provided shall
anh - the term stated or until his successor has been elected and
qualified.

The councilmen shall be elected at large; provided, however, that the
council may, after advertising in a newspaper published in said town for
at least once a week for four consecutive weeks and by posting handbills
in five or more conspicuous public places, giving notice to the public of
its intention to consider the division of the town into wards, and after
holding a public hearing pursuant to such notice, by resolution entered
of record in its council Minute Book, divide the town into wards and
direct that thereafter all future elections for membership on the town
council shall be held in keeping with such resolution until the further
direction of the council changing such method be entered of record in its
Minute Book after a like notice and like public hearing. In the event that
a division of the town may be entered of record as hereinbefore provided,
future members of the town council may be elected partly at large and
partly from wards, the ultimate method, division and determination
thereof to be decided by resolution of the council adopted as aforesaid.
Any vacancy in the office of any councilman elected from a ward must be
filled by a qualified voter actually residing in the ward in which the vacancy
shall have occurred. Each member of council may receive a salary to be
fixed by the council, payable at such times and in such mamner as the
council may direct. The mayor may receive a salary to be fixed by the
council, payable in such manner and at such times as the council may

arect.

§ 26.1. The council shall have the power to and may, in the name
of and for the use of the town, borrow money, contract debts, incur in-
debtedness and make and issue, or cause to be made and issued, as evidence
thereof, bonds, notes or other obligations, subject to the limitations of
Section 127 of the Constitution of Virginia.

§ 30. The mayor shall be the chief executive officer of the town
unless otherwise provided by the council; he shall be ex officio conser-
vator of the peace within the town, and within a mile of its corporate
limits, and shall within the same exercise all of the powers that are vested
in a justice of the peace under the general laws; he shall, unless otherwise
provided by the council if previously authorized by council, have super-
visory control of the police of the town and may appoint special police
officers when necessary, either or both, if authorized by the council; he
shall have authority to issue his warrant for the arrest of any person or
persons for violation of any of the ordinances or resolutions of the town;
he shall preserve peace and order in the town, and see that persons and
property are protected; he shall have power to issue executions for all
fines and costs imposed by him, and in default of the payment thereof,
he may commit the party in default to jail until the same shall be paid,
but the term of imprisonment shall not exceed two months as provided
in § 19-309 of the Code of Virginia for such purposes; he shall have the
power to hear and determine cases involving violations of town ordinances
and may impose such penalty as may be provided in such ordinance upon
any person convicted of such violation, provided, however, that in no case
may he sentence any person to confinement in excess of twelve months;
he shall from time to time recommend to the council such measures as he
may deem needful for the welfare of the town and may, at least once a
year, make a written report of the general conditions of the town, together
with such recommendation as may be deemed advisable by him for the
welfare of the town, or its property, or public utilities; he shall have
power to suspend all other town officers for misconduct in office or neglect
of duties, until the next regular meeting of the town council thereafter or
until a special meeting is called for the purpose, which cause of said sus-
pension shall be specified in the order thereof *. All fees collected in crim-
inal proceedings before said mayor shall be collected by the sergeant and
paid into the treasury of the town. The mayor shall, when present,
preside over all meetings of the council with no power to vote except in
case of a tie; and in his absence, the president of the town council, who
shall be elected from its membership for a term of two years by the council
at its first regular meeting held after July one, nineteen hundred fifty-
six, and thereafter every two years at its regular July meeting, shall
preside; he shall have the right of veto on anv matter voted upon by the
council provided he notifies the Clerk of the Council before the adjourn-
ment of the council meeting at which the matter is voted upon, of his
desire to consider a veto, specifying what matter, and must actually exer-
cise his veto power within five days from the adjournment of such council
meeting, otherwise the right to veto shall be waived; shall file with the
clerk within said five-day period his written act of veto and assign his
reasons therefor in writing, whereupon the clerk shall forthwith send a
written copy of the same to each councilman and then not less than five
days thereafter at a called meeting held for the purpose or at its next
regular meeting, whichever shall first occur, the action of the mayor in
vetoing any such matter may be overridden by a two-thirds vote of the
elected members of the council, but if the council does not within said
period of time override the mayor’s veto, then the veto shall remain in full
force and effect thereafter; and the mayor shall perform such other duties
as shall be from time to time imposed upon him by the council not incon-
sistent with the provisions herein contained or the general laws of the
Commonwealth; and for his failure to execute any duties imposed upon
him, he shall be liable, upon a petition of any five qualified electors of the
town, to mandamus proceedings as provided by law.

2. That §§ 26, 27, 28 and 29 of Chapter 315 of the Acts of Assembly,
1956, approved March 10, 1956, are repealed.

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