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1997 SESSION
977326681Be it enacted by the General Assembly of Virginia:
1. That § 4, § 5 as amended, and §§ 6, 8 and 12 of Chapter 39 of the Acts of Assembly of 1936 are amended and reenacted and that Chapter 39 is amended by adding a section numbered 3.1 as follows:
§ 3.1. The powers set forth in §§ 15.1-841 through 15.1-907 of Chapter 18 of Title 15.1 of the Code of Virginia, are hereby specifically conferred upon the Town of South Hill as provided in and pursuant to the provisions of said chapter of the Code of Virginia.
§ 4. The government of the town Town of South Hill
shall be vested in a council composed of six councilmen eight
members of council elected from multi-member districts and a mayor,
each of whom shall be a qualified voter of the town elected
at large. They may qualify by taking the oath
of office before any notary public or magistrate in Mecklenburg county.
There are three districts: Election District I shall have two
members, Election District II shall have three members, and Election District
III shall have three members.
The method of election shall be by plurality vote
and not by majority vote. Vacancies of councilmen
members of council or mayor shall be filled by the council by
majority vote, and for the unexpired term. Additional officers of
the town shall be a manager, clerk, treasurer, assessor, sergeant,
chief of police and such other agent, attorney, police, and
clerical assistance as may be required, all to be elected by the
council.
The office of manager, clerk, and treasurer may be held by the same
person, who may also act as assessor, at the discretion of the council, and in
such capacity, he shall have the authority to administer
oaths and take acknowledgments.
§ 5. The mayor and council serving at the time of the passage of this act
shall continue in office till their successors are elected and qualify.
An election for mayor and councilmen shall be held on the second Tuesday
of June, nineteen hundred and sixty-seven, and every two years thereafter. The
candidate for the office of mayor receiving the highest number of votes at such
election shall be elected for a term of four years, and the three candidates
for councilmen receiving the highest number of votes at such election shall be
elected for a term of four years, and the three candidates for councilmen
receiving the next highest number of votes in such election shall be elected
for a term of two years, and at the expiration of the said two year term, their
successors shall be elected for a term of four years. Thereby, the term of
office of three councilmen shall alternately expire each two years. The mayor
and council elected at such elections shall enter upon their duties the first
day of September next succeeding. An election shall be held in May
of 1998, and every four years thereafter, to elect one council member from
Election District I and three council members from Election District
II. An election shall be held in May of 2000
and every four years thereafter to elect one council member from Election
District I and three council members from Election District III. An
election shall be held for mayor in May of 2000 and every four years
thereafter.
Notwithstanding the contrary provisions of §§ 24.2-200 and 24.2-222 of the Code of Virginia, the terms of the mayor and all council members shall commence on September 1 of the year in which elected.
§ 6. The council shall fix the salaries of mayor and councilmen for the
succeeding two years at the regular meeting of the council in April
January preceding the town election. The salaries of all
other officials and agents of the town shall be fixed annually by the council,
as well as the amount and nature of bonds required of them for the correct
discharge of their duties. Officers and agents appointed by the council shall
hold office only during the term of such council, and until their successors
are appointed and qualify.
§ 8. The mayor shall be the chief executive of the town and as such shall
have full power over the police forces. He shall preside at all council
meetings; he may discuss questions, present issues, and recommend measures, but
shall vote only to break a tie; his jurisdiction and authority shall be
the same as a magistrate of Mecklenburg county. He or any member of the
council acting in his stead shall have exclusive jurisdiction over the trial of
offenses arising under the ordinances and charter of the town. As the
official head of the town the mayor shall exercise all the powers conferred by
general laws upon mayors of towns, and not inconsistent with this charter. In
times of emergency he may take personal charge of the police forces of the town
and may deputize any of the citizens of the town to do police duty. He shall
affix his name to papers and documents requiring the same, and perform such
other duties not inconsistent with his office, as the council may direct, under
the charter and the laws of Virginia. The council by majority vote, shall
elect a member of the council mayor pro-tem. pro tem, who
shall act in the absence or inability of the mayor.
§ 12. The town sergeant chief of police shall have
control of the police force of the town under the jurisdiction of the
mayor and shall be hired and may be fired by the
mayor; he and the police officers of the town shall have the same powers
and discharge the same duties as a constable of Mecklenburg county, except he
shall serve civil process only on behalf of the town, and shall have like
powers in a radius of two miles beyond the town, not in conflict with other
authority. He shall perform all duties required of a town sergeant
chief of police and others not inconsistent with his office,
or as directed by the council or mayor.
2. That §§ 3, 11, 14 and 15 of Chapter 39 of the Acts of Assembly of 1936 are repealed.