CHAPTER 779

An Act to amend and reenact § 4 of Chapter I, § 52 of Chapter IV and
§ 5 of Chapter XII, as amended, of Chapter 157, Acts of Assembly
of 1908, approved March 10, 1908, which provided a charter for the
city of Portsmouth, and to amend such charter by adding tn Chapter
IIT, § 22, and in Chapter VI, § 66; the amended and new sections
relating respectively to election and terms of councilmen; penalties
and interest on delinquent taxes; qualification of civil service appli-
cants; compensation of mayor and council, and deputy fire chief; and
to repeal § 82(A) of Chapter IV, §§ 80, 81 and 82 of Chapter VIII
and § 1 of Chapter 11.1, as amended, the repealed sections relating
to issuance of bonds by such city, its sinking fund, and compensation
of council.

[H 299]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 4 of Chapter I, § 52 of Chapter IV and § 5 of Chapter XII,
as amended, of Chapter 157, Acts of Assembly of 1908, approved March
10, 1908, be amended and reenacted, and that such chapter be amended by
adding in Chapter III, § 22, and in Chapter VI, § 66, as follows:

CHAPTER I.

§ 4. Election and Terms of Councilmen.

(1) Time of elections. A municipal election shall be held on the
second Tuesday in * May of the year * 1970 and of every second year, there-
after, which shall be known as the municipal election for the election of
councilmen. Any matter which, by the terms of this charter, may be sub-
mitted to the electors of the city at any special election, may be submitted
at a municipal election.

(2) Nomination of candidates. Candidates for the council under the
provisions of this charter shall be nominated by petition. * Any qualified
voter of the city may be nominated as provided herein. Subject to the
provisions herein, there shall be printed on the ballots to be used in any
municipal election for the election of councilmen the names of all candi-
dates who have been nominated by petition * and no others. A nominating
petition shall conform substantially to the following requirements.

(a) Such petition shall state the name and place of residence of each
person whose name is presented for a place upon the ballot, and shall
request such person or persons to become a candidate or candidates for
the office of councilman for the city of Portsmouth.

(b) Such petition shall be signed by at least seventy-five qualified
electors of the city.
(c) Each elector signing a petition may subscribe to one nomination
for each of the places to be filled at the ensuing election, and no more.

(d) Such petition shall not be signed by any elector mote than ninety
days prior to the day of such election, and such petition shall be filed with
the Clerk of the Hustings Court of said city not less than sixty days
previous to the day of such election.

(3) Acceptance. Any person whose name has been submitted for
candidacy by any such petition, shall file his acceptance of such candidacy
with the Clerk of the Hustings Court of said city at least sixty days pre-
vious to the date of such election, otherwise his name shall not appear on
the ballot. The filing of such acceptance shall be deemed equivalent to the
filing of notice of candidacy under the general election laws of the State,
and no other notice of candidacy need be given by the person filing the same.

(4) Method of conducting municipal elections. The candidates at
any municipal election for the election of councilmen equal in number to
the places to be filled who shall receive the highest number of votes at
such election shall be declared elected.

In any such election each elector shall be entitled to vote for as many
persons as there are vacancies to be filled, and no more; and no elector
shall in such election cast more than one vote for the same person.

In counting the vote any ballot found to have been voted for a greater
number of names for the office of councilman than the number of vacan-
cies in the council to be filled shall be void, but no ballot found to have
been voted for a lesser number of names for the office of councilman than
the number of vacancies in council shall be void.

(5) Terms of councilmen. The councilmen shall be elected at large
and shall hold office for terms of four years each beginning on the first
day of July next following the date of their election and until their
successors are duly elected and qualified. Four of the councilmen shall be
elected in the municipal election to be held in * May of nineteen hundred
and seventy-two and every four years thereafter. Three of the councilmen
shall be elected in the municipal election to be held in * May of nineteen
hundred * seventy and every four years thereafter. *

CHAPTER III.
§ 22. Compensation of the Mayor and Council.
The city council, out of the general funds of the city, shall grant and
pay to the mayor the sum of two hundred and fifty dollars per month and
to the other members of the city council the sum of two hundred dollars

per month each.
CHAPTER IV.

8 52. Provisions for Penalties for Nonpayment of Taxes.

Any person failing to pay any taxes or licenses due to the city of
Portsmouth shall incur a penalty thereon to be payable at such time or
times as may be prescribed by ordinance of the city council, provided such
penalty shall not exceed the maximum, if any, which may be provided by
general law. Interest at the rate of * one per centum per * month from
the first day of January of the year next following the assessment shall
be collected upon the principal of the taxes and levies then remaining
unpaid; which penalty and interest and the cost of advertising or posting
not exceeding fifty cents for each parcel of property advertised or posted,
shall be added to the amount of the taxes due by such taxpayer.

CHAPTER V.

CHAPTER VI.
§ 66. Deputy Fire Chief.
The city manager may appoint, without examination of any kind,
one of the members of the fire department to the position of deputy fire
chief at such rank and such salary as may be fixed by ordinance. No one
may be appointed deputy fire chief who has not been a member of the
fire department for at least ten years and held the rank of assistant chief
therein for at least one year. The person who is appointed deputy fire
chief shall remain subject to the civil service provisions of this charter
and to the rules and regulations of the civil service commission, except
that he may be removed as deputy fire chief by the city manager at any
time with, or without, cause and demoted to the rank of assistant chief
at such step or grade within the rank of assistant chief as he would have
been entitled to at the time of such demotion had he not been appointed
deputy fire chief. Nothing herein shall be construed as restricting or pro-
hibiting the city manager from taking disciplinary action against the
person holding the position of deputy chief in accordance with the provt-
sions of §§ 6 and 7 of Chapter 12 of this Charter.

CHAPTER XII.

§ 5. Applicants.

(a) An applicant for an entrance examination under civil service
must be a citizen of the United States of America * and must be able to
read and write the English language; * provided, however, that any
applicant who at the time of making application is not a resident and
qualified voter of the city of Portsmouth shall establish his residence in
the city of Portsmouth within 30 days following the date of his appoint-
ment, and shall become a qualified voter of the city of Portsmouth within
fourteen months following the date of his appointment.

(b) An applicant for any position of any kind under civil service
must be at an age suitable for the position applied for, in ordinary good
health, of good moral character and temperance, and industrious habits;
come te to be ascertained in such manner as the commission may deem

visable. .
2. § 82(A) of Chapter IV, §§ 80, 81 and 82 of Chapter VIII and § 1 of
Chapter 11.1 of Chapter 157, Acts of Assembly of 1908, approved March
10, 1908, as amended, are repealed.