CHAPTER 209

An Act to provide a charter for the city of Radford and to repeal Chapter
875 of the Acts of Assembly of 1946, approved March 28, 1946, as
amended, which provided a charter for the city of Radford. rH 882]

Approved March 18, 1968

Be it enacted by the General Assembly of Virginia:

ARTICLE I.
IN GENERAL

1. § 1.1. Body politic and corporate; powers generally; boundaries.—
The inhabitants of the territory comprised within the present limits of the
city of Radford, as hereinafter prescribed, or as the same may be here-
after altered and established by law, shall continue to be a body politic and
corporate, to be known and designated as the city of Radford and as such
shall have and may exercise all powers which are now or hereafter may
be conferred upon or delegated to cities of its class under the Constitution
and laws of the Commonwealth of Virginia, as fully and completely as
though said powers were specifically enumerated herein, and no enumera-
tion of particular powers by this charter shall be held to be exclusive and
the said city of Radford as such shall have perpetual succession, may sue
and be sued, contract and be contracted with, and may have a corporate
seal, which it may alter, renew or amend at its pleasure by a proper
ordinance.

The boundaries of said city shall remain as now established and as set
forth in an act of the General Assembly of Virginia approved March 28,
1946, as amended (Acts of Assembly 1946, Chapter 375, page 654 et seq.),
and as expounded by a fina] order in annexation proceedings under the
style of Bondurant Insurance, Inc., et al. vs. city of Radford, et al., a copy
of which is recorded in the Clerk’s Office of the Circuit Court of the City
of Radford, Virginia, in Deed Book 74 at page 297, and said boundaries as
set forth in said act and decree are incorporated herein by reference.

§ 1.2. Enumeration of powers.—In addition to the powers granted
by other sections of this charter, the city shall have power:

(a) To raise annually in the manner provided by general law, such
sums of money as the council shall deem necessary for the proper purpose
of said city, provided that no tax upon real estate and tangible personal
property in said city shall exceed three dollars fifty cents upon one hun-
dred dollars’ assessed value thereof.

(b) To impose special or local assessments for local improvements,
improving and paving existing alleys, sidewalks, sewers, curbs and gutters
and enforce pavment thereof, subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time of
the imposition of such special or local assessments.

(c) Subject to the provisions of the Constitution of Virginia, and of
this charter, to contract debts, borrow money. and make and issue bonds
and evidences of indebtedness and to expend the moneys received therefor
for all lawful purposes.

(d) To acquire, by purchase, devise, condemnation or otherwise, prop-
erty, real or personal, or any estate or interest therein within or without
said city, and for any of the purposes of the city, and to hold, improve,
sell, lease, mortgage, pledge or otherwise dispose of the same or any part
thereof: to acquire in any lawful manner for the purpose of encouraging
commerce and manufacture, lands within and without the city, not exceed-
ing at any one time five thousand acres in the aggregate and from time to
time to erect thereon such buildings and structures as in the judgment of
the council can be used advantageously in developing its water and power
resources; and to this end the council may issue obligations of the city in
ane Zorn as the council may prescribe, subject to the provisions of this

arter.

(e) To acquire in any lawful manner within any county of the State,
such water, lands and lands under water as the council of the said city
may deem necessary for the purpose of providing an adequate water and
power supply for said city and of piping or conducting the same; to lay
all necessary mains; to erect and maintain all necessary dams, pumping
stations, water mains, power lines and other works in connection there-
with; to make reasonable rules and regulations for promoting the purity
of its said water supply and for protecting the same from pollution, and
for this purpose to exercise full police powers and sanitary control over
all lands comprised within the limits of the watershed tributary to any
such water supply wherever such lands may be located in this State; to
impose and enforce adequate penalties for the violation of any such rules
and regulations, and to prevent by injunction any pollution or threatened
pollution of such water supply and any and all acts likely to impair the
purity thereof; and to acquire lands or materials for any such use. For
any of the purposes aforesaid said city may, if the council shall so deter-
mine, acquire by condemnation, purchase or otherwise, any estate or
interest in such lands or any of them, or the right of easement therein,
or may acquire such lands or any of them in fee, reserving to the owner
or owners thereof such rights or easements therein as may be prescribed
in the ordinance providing for such condemnation or purchase. The said
city may sell or supply to persons, firms or industries residing or located
outside of the city limits any surplus of water it may have over and above
the amount required to supply its own inhabitants.

(f) To establish and enforce rates and charges for all public utilities
or other service, products or convenience, operated, rendered or furnished
by the city and to employ necessary competent inspectors to inspect the
reservoirs, watersheds, filtering plants, pumps and pumping machinery
and all other equipment of and all sources of water supply which may
furnish water for domestic purposes or use in the homes of the inhabitants
of the city.

(z) To regulate the services to be rendered and rates to be charged
by buses, motor cars, cabs and other vehicles for the carrying of passen-
gers and by vehicles for the transfer of baggage, and to do all things what-
soever to make said streets and highways safe, convenient and attractive,
and, at its option, to establish a municipal transportation system subject
to general law.

(h) To construct and maintain, or aid in the constructing and main-
taining, public roads and boulevards, in order to facilitate public travel
to and from said city and its suburbs and to and from said city and any
property owned by said city and situated beyond the corporate limits
thereof, and to acquire land necessary for such purpose by condemnation
or otherwise.

(i) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to acquire and operate reduction or
other plants for the utilization or destruction of such materials or any of
them; and to contract for and regulate the collection and disposal] thereof.

(j) To compel the abatement and removal of all nuisances within
said city, or upon property owned by the city, beyond its limits; to
require all lands, lots and other premises within the city to be kept clean,
sanitary and free from weeds and all manner of rubbish; to regulate or
prevent slaughter houses or other noisome or offensive business within
the said city, and keeping of animals, poultry and other fowls therein, or
the exercise of any dangerous or unwholesome business, trade, or employ-
ment therein; to regulate the transportation of all articles through the
streets of the city; to compel the abatement of smoke and dust, and pre-
vent unnecessary noise therein; and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, comfort,
safety, convenience and welfare of the inhabitants of the city.

(k) If any ground in the said city shall be covered by stagnant water
or if the owner or occupant shall permit any offensive, unsanitary, or
unwholesome substance to remain or accumulate thereon, the said council
may cause such ground to be filled up, drained or may cause such sub-
stances to be covered or removed therefrom, provided that reasonable
notice shall be first given to the said owner or occupant or his agent. In
case of unoccupied property of nonresident owners who have no agent in
said city, such notice shall be given by publication not less than once a
week for two consecutive weeks in any newspaper published or having a
general circulation in said city and by mailing a copy of the notice, by cer-
tified mail to the last known post office address of the owner. If such
address is unknown, the published notice shall state such fact.

(1) To direct the location of all buildings for storing gunpowder or
other explosive or combustible substances, and to regulate or prohibit the
sale and use of dynamite, gunpowder, firecrackers, and all explosive or
combustible materials, the exhibition of fireworks, ‘the discharge of fire-
arms, the making of bonfires and the carrying of concealed weapons.

(m) To prevent the running at large in said city of all animals and
fowls, and to regulate the keeping or raising of same within said city,
and to subject the same to such levies, regulations and taxes as it may
deem proper.

(n) To inspect, test, measure and weigh, any commodity or article
for consumption or use within the city, and to establish, regulate, license
and inspect weight meters, measures and scales.

(o) To extinguish and prevent fires and to compel citizens to render
assistance to the fire department in case of need, and to establish, regulate
and control a fire department or division, to regulate the size, materials
and construction of buildings, fences and other structures hereafter erected
in such manner as the public safety and convenience may require, to
condemn, remove or require to be removed, any building, structure or
addition ‘thereto which by reason of dilapidation, defect of structure, or
other causes, may have become dangerous to life, health, public safety or
property, or which may be erected contrary to law; to establish and desig-
nate from time to time fire limits, within which limits buildings constructed
of combustible materials shall not be constructed, moved into, added to, or
enlarged and to direct that any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick, iron, or
other fireproof material.

(p) To provide for the care, support and maintenance of orphans,
children found to be dependent, delinquent or neglected, children of in-
digent parents and of indigent, sick, aged, insane or poor persons and
paupers, and to join together with other governments or governmental
subdivisions to do so.

(q) To provide and maintain, either within or without the city,
charitable, recreative, curative, corrective, detentive, or penal institutions,
either alone or in conjunction with other governments or governmental
subdivisions to do so.

(r) To establish, organize and administer public libraries and public
schools, oir ia to the general laws establishing a standard of education

or the :

(s) To provide for the preservation of the general health of the in-
habitants of said city, make regulations to secure the same, inspect all
food and foodstuffs and prevent the introduction and sale in said city
of any article or thing intended for human consumption which is adul-
terated, impure or otherwise dangerous to health, and to condemn, seize
and destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; prevent the introduction or spread of con-
tagious or infectious diseases, and prevent and suppress diseases generally;
to provide and regulate hospitals within the city limits, serving the
inhabitants of said city, and to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals, State or private
institutions, or places of quarantine provided for them, to provide for
the organization of a department of health, to have the powers of a board
of health for said city, with the authority necessary for the prompt and
efficient performance of its duties, with power to invest any or all the
Officials or employees of such department of health, with such powers
as the police officers of the city have; to establish a quarantine ground
within or without the city limits, and such quarantine regulations against
infectious and contagious diseases as the said council or department of
health may see fit, subject to the laws of the State and of the United States;
to provide and keep records of vital statistics and compel the return of
all births, deaths, and other information necessary thereto.
(t) To acquire by purchase, gift, devise, condemnation or otherwise,
lands either within or without the city, to be used, kept and improved
as a place for the interment of the dead, and to make and enforce all
necessary rules and regulations for the protection and use thereof, whether
owned by the city or by others; and generally to regulate the burial and
disposition of the dead.

(u) To do all things necessary or expedient for promoting or main-
taining the general welfare, comfort, education, morals, peace, govern-
ment, health, trade, commerce or industries of the city or its inhabitants.

(v) To enact and enforce ordinances pursuant to general law to
regulate the manufacture, transportation, sale, keeping or storing for
sale, advertising or exposing for sale, receiving, giving away, or dispensing
ardent spirits, and to provide and enforce such penalties for the violation
of such ordinances as may be permitted by general law.

(w) To enjoin and restrain the violation of any city ordinance or
ordinances although a penalty is provided upon conviction of such violation.

(x) To prescribe and regulate the routes in and through the city to
be used by motor vehicles carriers and to prescribe different routes for
different carriers and to regulate motor vehicle traffic in such manner
as may be deemed necessary for the general welfare; and to establish
and operate public transportation facilities subject to general law.

(y) To regulate the time for filing of returns of all classes of property
subject to taxation by said city, and assess penalties in enforcing the
same; and to require the Commissioner of Revenue to assess property
upon the failure of taxpayers to file returns, as directed by council or
in the absence of such direction, then as provided by general law.

(z) By vote of council, to utilize the profits from the operation of
its utilities, above the cost of maintenance, operation and sufficient re-
serves for depreciation, replacement, repairs, etc. as determined by the
city manager, for industrial development within the city.

(aa) Subject to the provisions of the Constitution and the general
laws of the State to grant franchises for public utilities.

(bb) To exercise full police powers and to establish and maintain
a department or division of police.

(cc) To accept grants, gifts, and aid from the Government of the
United States, the State of Virginia and from all persons, associations,
corporations and individuals.

(dd) And in general to exercise all of the rights, powers and priv-
ileges heretofore or hereafter conferred upon cities by the Constitution
and laws of Virginia, including the right to enact zoning laws and to
enforce the same as provided by law, and to adopt master plans for local
and area planning.

§ 1.2. Power of eminent domain.—In order to carry out effectually
the powers conferred by this charter, the city of Radford is hereby ex-
pressly authorized to acquire by condemnation proceedings instituted in
the Circuit Court of the City of Radford, Virginia, if the subject lies or
is situated within the city, or if not within the city, in the circuit court
of the county in which lies such subject, such lands or any interest therein,
any right, easement or estate of any person or corporation therein as the
city may need for its public purposes. If the subject is situated partly
within the city and partly within a county, the circuit court of such
county shall have concurrent jurisdiction in such condemnation proceed-
ings with the Court of the City of Radford hereinbefore mentioned, which
condemnation proceedings shall conform to and be conducted in accordance
with the general laws of the State applicable to condemnation by cities.

§ 1.4. Pension funds.—The council of said city shall have authority
to establish a fund or funds for the relief or pensions of persons in the
service of said city; to receive gifts, devises and bequests of money or
property for the benefit of such fund or funds; to make contributions of
public moneys thereto on such terms and conditions as it may see fit,
and to make rules and regulations for the management, investment and
administration of such funds or fund.

§ 1.5. Working prisoners.—Subject to the general law of the State
regulating the working of those convicted of offenses against the State,
the council shall have the power to provide by ordinance for the employ-
ment or the working, either within or without the city limits, or within
or without any city prison or jail, of all persons sentenced to confinement
in said prison or jail for the violation of the laws of the State of Virginia
or the ordinances of the city of Radford.

§ 1.6. Existing ordinances.—All ordinances and resolutions in force
at the time of the taking effect of this charter not inconsistent with its
provisions, shall continue in force until amended or repealed.

§ 1. Continuance of contracts ——All contracts entered into by the
city for its benefit prior to the taking effect of this charter shall continue
in full force and effect. All public works begun prior to the taking effect
of this charter shall be continued and completed hereunder. Public im-
provements for which legislative steps shall have been taken under laws
in force at the time this charter takes effect may be carried to completion
in accordance with the provisions of such laws.

§ 1.8. Power to appoint boards or commission of citizens.—The
council may provide for the appointment of boards or commissions, to be
composed of such number of citizens as the council may deem expedient.
The members of all such boards and commissions shall serve with or with-
out compensation, as council shall determine, and the city may furnish
secretarial service, at the city’s expense, and the city may pay all ex-
penses of all Boards and Commissions, including travel. The council may
prescribe the powers and duties of such boards and commissions consistent
with the general law. The board of zoning appeals, planning commission
and zoning commission, if the last be created, shall be appointed in the
manner and perform such duties as are prescribed by general law and in
all respects be governed thereby.

§ 1.9. All general laws of the State applicable to municipal corpora-
tions now in existence or hereafter enacted which are not in conflict with
the provisions of this charter or with ordinances or resolutions hereafter
enacted by the council pursuant to the authority conferred by this charter
shall be applicable to said city; provided, however, that nothing in this
charter shall be construed as limiting the power of the council to enact
any ordinance or resolution not in conflict with the Constitution of this
State or with the express provisions of this charter.

ARTICLE II.
THE COUNCIL

§ 2.1. Creation and powers of the council.—There is hereby created
a city council, which shall have full power and authority, except as herein
otherwise specifically provided, to exercise all of the powers conferred unon
the city, and to pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general laws of the State and of
this charter, and shall have full control of all fiscal and municinal affairs
of the city and all of its real and personal property and may from time
to time amend, reamend or repeal any or all of the ordinances, for the
proper regulation, management and government of the city and may im-
pose fines and penalties for the violation or nonobservance thereof. It
shall by ordinance or resolution fix the salaries of all officers and em-
ployees of the city elected or appointed by it, or appointed by its authority,
and their rates of pay, and may so far as is not inconsistent with the pro-
visions of this charter, define the powers and prescribe the duties of all
such officers and employees. To effectuate the powers conferred by general
law as well as the powers herein specifically granted, the council may em-
ploy all such persons as may be necessary.

2.2. Composition of council; vacancies.—The council shall consist
of five members, who shall be elected at large and shall serve for a term of
four years from the first day of September next following the date of their
election and until their successors have been elected and qualified, pro-
vided, that at the first election hereunder two (2) councilmen shall be
elected to succeed those whose terms expire on the thirty-first day of
August, nineteen hundred sixty-eight, and at the next election three (3)
councilmen shall be elected to succeed those whose terms expire on the
thirty-first day of August, nineteen hundred seventy. The council shall
be a continuing body, and no measure pending before such body shall
abate or be discontinued by reason of the expiration of the terms of office
or removal of the members of the body, or any of them. Vacancies in the
council shall be filled within thirty days, for the unexpired term, by a
majority vote of the remaining members; provided, that if the term of
office to be filled does not expire for two years or more after the next reg-
ular election for councilmen following such vacancy, and such vacancy
occurs within ninety days from the date of the next such election, 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 candidates
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 can-
didate receiving the next highest number of votes shall be entitled to the
unexpired term caused by such vacancy.

§ 2.3. Qualification of members.—Any person qualified to vote in the
city shall be eligible to the office of councilman therein.

§ 2.4. Compensation, oath of councilmen and mayor.—Each member
of the council shall receive, subject to the provisions of this charter, a
salary of not exceeding one hundred ($100.00) dollars per month, except
the president, whose salary shall be not exceeding one hundred twenty-five
($125.00) dollars per month, such salaries to be fixed by council, and the
same shall be paid in monthly or in equal semimonthly installments, as
salaries of other city officials are paid, and before entering upon the per-
formance of their duties they shall take the oath prescribed by law.

§ 2.5. In any election for councilman, 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 cast more than one vote for the same person.
The candidates at any regular municipal election for the election of coun-
cilmen, equal in number to the places to be filled, who shall receive the
highest number of votes at such election shall be declared elected.

§ 2.6. Limitation of the powers of council.—Neither the council nor
any of its members, shall dictate the appointment of any person to office
or employment by the city manager, or in any manner interfere with the
city manager, or prevent him from exercising his own judgment in the
appointment of officers or employees in the administrative service. Except
for the purpose of inquiry, the council and its members shall deal with the
administrative service solely through the city manager and neither the
council nor any member thereof, shall give orders to any subordinate of
the city manager, either publicly or privately.

§ 2.7. Officers elective by council, rules—The council shall on the
first business day in September next following the regular municipal elec-
tion, or as soon thereafter as may be practicable, elect one of its members
to preside over its meetings, who shall be entitled president, and who shall
be ex officio mayor, and shall also elect another member to be vice presi-
dent of the council who shall be ex officio vice mayor, each of whom shal
serve for a period of two (2) years from the first day of the September in
which such election is held and until their successors have been elected and
have qualified.

§ 2.8. President of the council.—The president of the council shall
preside at meetings of the council and perform such other duties consist-
ent with his office as may be imposed by the council. He shall be entitled
to a vote, but shall possess no veto power. He shall be recognized as the
Official head of the city for all ceremonial purposes, and by the Governor
for military purposes. He may use the title of mayor in any case in which
the execution of contracts or other legal instruments in writing, or other
necessity arising from the general laws of the State may so require; but
this shall not be construed as conferring upon him the administrative or
judicial functions, or other powers or functions, of a mayor, under the
general laws of the State. In time of public danger or emergency he may,
with the consent of the council, take command of the police and maintain
order and enforce the laws, and for this purpose may deputize such
special policemen as may be necessary. During his absence or disability
his duties shall be performed by the vice president of the council.

The powers and duties of the president of the council shall be such
as are conferred upon him by this charter, and by general law, together
with such others as may be conferred by the council in pursuance of the
provisions of general law and of this charter.

No person now a member or who is hereafter elected to the council,
shall, during his tenure of office as such member, or for one year there-
after, be eligible for any office to be filled by the council by election or
appointment.

§ 2.9. Elections by council, when held, terms, et cetera.—The coun-
cil shall on the first business day in September, or as soon thereafter as
may be practicable, and each two years thereafter also elect a city attor-
ney, a city clerk and a city auditor, the last two of which may be filled by
one person, and shall fix their salaries, allowable fees and tenure of office.
If council fails to fix such tenure, the same shall be construed to be at
the will of the council.

The removal from the city of any of the foregoing officers elected by
the council shall vacate the office held by him.

The council shall also appoint the members of such boards and com-
missions as are provided for in this charter or as are established by the
council or by general law, and shall also appoint a city physician.

The council may also appoint four special justices for the issuance of
warrants of arrest; such justices shall also have power to grant or deny
bail in proper cases and when bail is denied to commit persons to jail
as provided by law.

§ 2.10. The council shall also appoint a Municipal Judge and may
appoint a substitute Municipal Judge, a clerk of the Municipal Court and
such assistant clerks as council deems expedient, all of whom shall be resi-
dents of the city of Radford unless council determines that no qualified
resident of the city is available for appointment, in which event such
appointees may be residents of any county geographically contiguous to
the city of Radford. The salaries of such appointees shall be set by council
by resolution, and shall not be diminished during the terms of office for
which such persons have been appointed.

The council, on the first business day in September, of 1968, or as
soon thereafter as practicable, shall appoint a Municipal Judge and a sub-
stitute Municipal Judge, whose terms shall commence on the first day of
November, 1968, and expire on the last day of June, 1969.

Thereafter the Municipal Judge and the substitute Municipal Judge
shall be appointed by council in June of the year following the first
election of councilmen under this charter, and each four years thereafter,
to take office on the first day of July following and to serve for a period
of four years.

The tenures of office of the clerk and any assistant clerks of the
Municipal Court may be established by council by ordinance or resolution.

§ 2.11. All elections by the council shall be viva voce and the vote
recorded in the journal of the council.

The council may determine its own rules of procedure. It shall keep
a journal of its proceedings. A majority of all the members of the council
shall constitute a quorum to do business, but a smaller number may
adjourn from time to time.

§ 2.12. Meetings of council.—On the first business day in September
(or as soon thereafter as may be practicable), next following the regular
municipal election, the council shall meet at the usual place for holding
meetings of the legislative body of the city for the purpose of organizing
for the ensuing term. Thereafter the council shall meet at such times as
may be prescribed by ordinance, resolution or motion of its members. The
president of the council, any member thereof, or the city manager, may
call special meetings of the council at any time upon notice to each
member, or such meeting may be held at any time without notice, pro-
vided, all members of the council attend. All meetings of the council shall
be public, except where the public interest may require executive sessions,
and any citizen may have access to the minutes and records of all public
meetings at all reasonable times.

§ 2.13. Legislative procedure.—Except in dealing with questions of
parliamentary procedure the council shall act only by ordinance or reso-
lution, and all ordinances except ordinances making appropriations, or
authorizing the contracting of indebtedness or issuance of bonds or other
evidences of debt, shall be confined to one subject, which shall be clearly
expressed in the title. Ordinances making appropriations or other obliga-
tions and appropriating the money to be raised thereby shall be confined
to those subjects respectively.

The enacting clause of all ordinances passed by the council shall be
“Be it ordained by the council of the city of Radford’. No ordinance,
unless it be an emergency measure, shall be passed until it has been read
at two regular or special meetings not less than three days apart, or the
requirement of such reading has been dispensed with by the affirmative
vote of four of the members of the council. Any ordinance may be amended
at any reading without the necessity of again reverting to a first reading
thereof, and council may then proceed to consider the ordinance as
amended on the subsequent readings. No ordinance or section thereof
shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section as revised
or amended. The ayes and nays shall be taken upon the passage of all
ordinances or resolutions and entered upon the journal of the proceedings
of the council and every ordinance or resolution shall require, on final
passage, the affirmative vote of at least three of the members. No member
shall be excused from voting except on matters involving the consideration
of his official conduct, or where his financial or personal interests are
involved.

In authorizing the making of any public improvement or the acqui-
sition of rea] estate or any interest therein, or authorizing the contract-
ing of indebtedness, (except temporary loans in anticipation of taxes or
revenues or of the sale of bonds), or authorizing the sale of any property
or rights in property in the city of Radford, or granting any public
utility franchise, privilege, lease or right of any kind to use public prop-
erty or easement of any description or any renewal, amendment or exten-
sion thereof, the council shall act only by ordinances; provided, however,
that after such ordinances shall have taken effect, all subsequent pro-
ceedings incident thereto, providing for the carrying out of the purposes
of such ordinance may, except as otherwise provided in this charter, be
taken by resolution of the council.

§ 2.14. Emergency measures.—All ordinances and resolutions passed
by the council shall be in effect from and after thirty days from the date
of their passage, except that the council may, by the affirmative vote of
four of its members, pass emergency measures to take effect any time
indicated therein. Ordinances appropriating money for any emergency
may be passed as emergency measures, but no measure providing for the
sale or lease of city property, or making a grant, renewal, or extension
of a franchise or other special privilege, or regulating the rate to be
charged for its services by any public utility (unless the same be wholly
owned by the city of Radford) shall be so passed.

§ 2.15. Record of ordinances and resolutions.—Every ordinance or
resolution upon its final passage shall be recorded in a book kept for the
purpose and shall be authenticated by the signature of the presiding
officer and the city clerk.

§ 2.16. Ordinances and resolutions, et cetera, as evidence.—A rec-
ord of entry made by the city clerk of a copy of such record or entry
duly certified by him shall be prima facie evidence of the terms of the
ordinance, resolution, record or entry and its adoption. All ordinances
and resolutions of the council may be read in evidence in all courts and
in all other proceedings in which it may be necessary to refer thereto,
either from a copy thereof certified by the city clerk or from the volume
of ordinances printed by authority of the council.

§ 2.17. Time of holding municipal elections—A municipal election
shall be held on the second Tuesday in June, nineteen hundred sixty-
eight, and every second year thereafter, which shall be known as the
regular election for the election of councilmen.

§ 2.18. General provisions relating to elections, elections, how con-
ducted.— All elections provided for in this charter, except as otherwise
provided herein, shall be conducted, and the result canvassed and certi-
fied by the regular selection of officials provided for by the general elec-
tions laws of the State and all such elections shall be governed by such
general election laws.

§ 2.19. Qualification of members of the council and other officials.—
The members of the council before entering upon the duties of their re-
spective offices shall each take the oath prescribed by the laws of this
State for State Officers. Such oaths shall be administered as provided by
general law and the certificate thereof shall be filed with the city clerk
and entered upon the journal of the council. Every other person elected
or appointed to any office under this charter or under any ordinance of
the council, except clerks, and laborers, shall, before entering upon the
duties of his office, take and subscribe said oath, together with such other
oaths as may be required by ordinance, before. any person authorized to
administer an oath, and the certificate of the same shall be filed in the
office of the said clerk.

The Clerk of the Circuit Court of said city shall notify all persons
elected by the people, under this charter. or their election and the city
clerk shall notify all persons elected bv the council of their election. If
any person elected to any office in the said city shall, after receiving notice
of election, fail to take such oaths and give such bonds, with security, as
may be required by law or ordinance. prior to the day on which their
term of office begins, he shall be considered as having declined said office,
and the same shal] be deemed vacant, and such vacancy shall be filled ac-
cording to the provisions of this charter.

§ 2.20. Bonds of officers——Except in the case of officers whose bonds
are specially provided for by this charter, the council in fixing the salary
of any officer, clerk or employee of the city, shall determine whether such
officer, clerk or employee shall give bond and the amount of penalty thereof.
All officers required by this charter to give bond, and all officers and em-
ployees and clerks of whom bond is required by the council shall, before
entering upon their respective duties, give bond with surety to be ap-
proved by the council, conditioned tor the faithful performance of the
duties of their respective officers, which bond, unless otherwise specially
provided by this charter or by general law, shall be payable to the said
city and in such penalty as the council may by ordinance prescribe. The
council shall accept as surety on any such official bond a good, solvent,
surety, or fidelity company authorized to do business in this State, and
may provide by proper ordinance that bonds other than corporate surety
may be accepted in which event the council may increase the penalty
thereof to such sum as it may deem necessary and as provided in such
ordinance. The council may provide that the premium on any such bond
shall be paid by the city. The sureties on the bond of any such officer
shall be equally liable for the acts of any deputy or deputies of such officer
as for those of such officer himself. Unless otherwise specially provided
in this charter, all such bonds shall be filed with and preserved by the city
clerk. The parties to bond taken in pursuance of this section shall be
subject to the same proceedings on said bonds for enforcing the conditions
and terms thereof, by motion or otherwise, before the circuit court of
said city, as are now or may hereafter be provided by law in the case of
collectors of the county levy and the sureties on their bonds for enforcing
payment of the county levies.

§ 2.21. Compensation of fee officers.—The Council may, by ordi-
nance conformable to the general law, provide and fix annual compensation
to be determined by the council, but not in excess of the compensation
provided by general law, for the officers herein named, except the city
attorney, which annual compensation shall be in lieu of al] salary, fees,
commissions and/or other emoluments of office, which but for this section
would or could accrue to such officers, shall, unless accruing from said
city, be collected and accounted for and paid into the city treasury by
such officers.

In providing and fixing such annual compensation the council shall
make proper allowance for the payment of deputies, assistants, clerical
and/or stenographic help. In the event of a disagreement between the
officer and the council as to the proper allowance, then and in that event
the same shall be determined by the State Compensation Board or such
other boards or commissions, now or hereafter established, having author-
ity in the premises.

The compensation of any of the officers herein named shall not be
diminished during the term for which they are elected, except pursuant
to general law.

§ 2.22. Books, records, et cetera.—All books, records and documents
used by any city officer in his office or pertaining to his duties shall be
deemed to be the property of said city, and the chief officer in charge of
such office shall be responsible therefor. Any such officer or person made
by this section responsible for the keeping of such books, records and
documents shall, within ten days after the end of his term of office. or
within ten days after the date of his resignation or removal from office,
as the case may be, deliver to the city clerk all such records and documents.
Any such officer or person failing to deliver such books, records, or docu-
ments, as required by this section, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined not less than one hundred
dollars and not more than five hundred dollars, or imprisoned not exceed-
ing six months, or both, in the direction of the court or jury before whom
the case is tried.

§ 2.23. General qualification The provisions of Title 15.1, Chapter
2, Article 4, of the Code of Virginia relative to the disqualification of
certain officers, agents, officials and employees from dealing with and
claiming against the cities are hereby expressly adopted herein by refer-
ence, as now in effect and as said Article, Chapter and Title may be
amended subsequent to the adoption of this charter, and the prohibitions,
or aiunes and penalties are hereby adopted, as are the exceptions and
exclusions.

§ 2.24. The city manager, appointment, qualifications, et cetera.—
The city manager shall be administrative and executive head of the munic-
ipal government. He shall be chosen by the council without regard to his
political beliefs and solely upon the basis of his executive and administra-
tive qualifications. He shall be appointed for an indefinite period and shall
hold office during the pleasure of the council, or for an initial term of two
years, if the council so provides, unless sooner removed by the council
upon proven charges preferred for malfeasance or misfeasance, neglect
of duty or incompetency. The council may reappoint said city manager
for a term not exceeding four years, but such appointee shall be subject
at all times to be removed by the council on proven charges of malfeasance,
misfeasance, neglect of duty or incompetency. He shall receive such com-
pensation as shall be provided by the council by ordinance or resolution.
He shall be bonded as the council may deem necessary. During the absence
or disability of the city manager, or in case of a vacancy, the council may
designate some properly qualified person to perform the duties of the office
during such absence, disability or vacancy.

Powers and duties of the city manager.

The city manager shall be responsible to the council for the efficient
administration of all officers of the city elected, appointed or designated
by frie or by its authority. He shall have powers and it shall be his

uty:

(a) To see that all laws and ordinances are enforced.

(b) Except as otherwise provided in this charter to appoint such city
Officials and employees, as the council shall determine and authorize, as
are necessary for the proper administration of the affairs of the city,
with the power to discipline and remove any such officer or employee. Any
person so removed shall have right of appeal to the council within thirty
days after his removal and after notice to the city manager and the action
of the council on such appeal shall be final.

(c) To attend all meetings of the council, with the right to take part
in the discussion, but having no vote.

To recommend to the council for adoption such measures as he
may deem necessary or expedient.

(e) To make reports to the council from time to time upon the affairs
of the city and to keep the council fully advised of the city’s financial
condition and its future financial needs.

f) To prepare and submit to the council a tentative budget for the
next fiscal year as provided by general law and by the provisions of this
charter.

(zg) To perform such other duties as may be prescribed or requested
by council.

§ 2.25. Investigation —The council, the city manager and any other
officers, boards or commissions, authorized by them or either of them shall
have power to make investigations as to city affairs and for that pur-
pose to subpoena witnesses, administer oaths, and compel attendance and
the production of books and papers.

§ 2.26. Creation of departments.—The council may, by ordinance,
create administrative departments, and when such departments are cre-
ated, may define the functions which such departments are to administer,
may provide for the appointment of heads for such departments and
define their duties and responsibilities.

§ 2.27. City clerk.—The city clerk shall be elected at the time in
the manner and for the term provided by the provisions of this charter.
He may, by and with the consent of the council, appoint one deputy and
such number of assistants as may be provided for by ordinance or reso-
lution. He shall be the clerk of the council, shall keep a record of its pro-
ceedings, and either he or his deputy shall attend all meetings thereof.
He shall keep all books and papers which by the provisions of this charter
or by discretion of the council, or by general law, are required to be kept
by or filed with him. He shall be the custodian of the city seal. and shall
affix and attest the same when so directed by the council. He shall transmit
copies of all ordinances or resolutions to such officers and persons as are
particularly affected thereby. He shall give information to persons pre-
senting communications or petitions to the council of the final action of
the council thereon. He shall, except as otherwise expressly provided in
this charter, publish or cause to be published, all reports, ordinances and
other documents required by law to be published, and also such other
reports as the council of the city may by ordinance or resolution direct.
He shall perform such other duties as are required by this charter, and
in general shall perform such acts and duties as the council shall by ordi-
nance or resolution require of him. Any of the duties of said city clerk
may be performed by his deputy. The city clerk and his deputy shall
receive such compensation as the council may by ordinances or resolution
provide and give such bond as the council may bv ordinance require.

§ 2.28. City auditor.—The city auditor shall be elected at the time,
in the manner, and for the term provided by the provisions of this charter,
and shall give such bond as the council may require. He shall receive such
compensation as the council may provide.

(a) The said auditor shall have charge and contro] of the keeping
of al] accounts and financial records of the city of Radford, wherein shall
be stated, among other things, the appropriations for the year for each
distinct object and branch of expenditures, and also the receipts from
each and every source of revenue, so far as it can be ascertained. All of
such accounts and financial records shall be subject to the examination
of the city manager and members of the city council, or other persons
required by order of the city manager or the council to make such
examination.

(b) The said auditor shall be charged with and exercise a general
supervision over all the officers and employees of the city charged in any
manner with the assessment, receipt, collection, or disbursement in the
city revenue, and the collection and return of such revenues into the city
treasury; and prescribe such system and regulation necessary for the
better reporting and accounting for all city revenue and receipts.

(c) The said auditor shall have the power to examine and audit all
accounts, claims and demands for or against the city; and no money shall
be drawn from the treasury or paid by the city to any person, except as
herein otherwise provided or as provided by ordinance, unless the balance
due and payable be first settled and adjusted by the said auditor; and
for the purpose of ascertaining the true state of any balance or balances
so due, he shall have and he is hereby clothed with full power and author-
ity to administer an oath or oaths to the claimant or claimants, or any
other person or persons, whom he may think proper to examine as to any
fact, matter or thing concerning the correctness of any account, claim
or demand presented and the person so sworn shall, if he swears falsely,
be guilty of perjury, and be subject to the punishment prescribed by law.
(d) The said auditor shall draw a warrant on the treasury for all
money found to be due and payable to any person, unless specifically other-
wise provided by ordinance, stating the particular fund or appropriation
to which the same is chargeable and the person to whom payable; and no
money shall be drawn from the treasury except on the warrant of the
auditor as aforesaid unless otherwise prescribed by ordinance, counter-
signed as the council may by ordinance or resolution direct. But the
auditor is forbidden to issue his warrant for the payment of any money
in excess of the appropriation on account of which said money is drawn.

(e) It shall be the duty of said auditor, as nearly as may be, to
charge all officers in the receipt of revenues, or money of the city, with
the whole amount, from time to time, of such receipts. He shall also re-
quire of all officers in receipt of city moneys and they shall submit reports
thereof, with vouchers and receipts of payment therefor, into the city
treasury, weekly or monthly, or as often as he shall see fit, to require the
same by a regulation passed by the council; and if any such officer shall
neglect to make adjustment of his accounts, when required, as aforesaid,
and to pay over such moneys as received, it shall then be the duty of
said auditor to issue notice in writing directed to such officer and his
sureties requiring him or them within ten days to make settlement of his
accounts with the auditor and to pay over the balance of monevs found
to be due and in his hands belonging to said city, according to the books
of said auditor; and in case of the refusal or neglect of such officer to
adjust his said accounts or pay over said balance to the treasury of the
city, as required, it shall then be the duty of said auditor to make report
of the delinquency of such officer to the city attorney who shall at once
take action to have him suspended from office, and proceed forthwith to
institute the necessary proceedings, for the removal of such officer from
office. and immediately on his removal, institute suit in the name of the
said city against him and his sureties to recover the balance of moneys
so found to be due and in his hands belonging to said city.

(f) The auditor shall make out an annual statement, as soon as
possible after the end of each fiscal year, giving a full and detailed state-
ment of all the receipts and expenditures during the year. which he shall
forthwith file with the city manager and lay the same before the next
meeting of the council.

(¢) In addition to the other duties of said auditor, it is hereby made
his duty, each and every month to make out a monthly statement, giving
a full and detailed account of all money received from what sources and
on which account received, and of all moneys ordered to be paid or drawn
by warrant by him, and shall deliver said statement to the city council
at its next meeting, and shall perform such other duties as the council
may require.

§ 2.29. City attorney.—The city attorney may be appointed, elected,
or employed at the time, in the manner, and for the term provided bv the
provisions of this charter or by ordinance. He shal]! at the time of his
appointment be a qualified voter in said city and shall be a practicing
attorney oualified in the State of Virginia for the practice of Jaw. He
shall be the legal adviser of and the attorney and counsel for the city
and the school board of the city, and defend all suits, actions and pro-
ceedines against the same, and shall prepare all contracts. bonds and
other instruments in writing, in which the city or the school board of
the city are interested or concerned. and shall endorse on each his ap-
nroval of the form and correctness thereof, provided that in the case of
bonds to be issued by the city, it shall be sufficient if he certify to the
council his anproval thereof as to form in a separate writing, to be filed
and nreserved with the records of the council.

The council, the city manager, or any officer, board or commission
may require the written opinion of the city attorney upon any question
of law involving their respective powers and duties.

The city attorney upon request of the council shall apply in the name
of the city to a court of competent jurisdiction for such injunction or
injunctions as may be necessary to restrain and prevent the misapplica-
tion and/or misuse of the funds or property of the city, or the evasion
or abuse of its corporate powers, or the usurpation of authority by any
city official, or the execution or performance of any contract made in be-
half of the city in contravention of law, or which was procured by fraud
or corruption.

When an obligation or contract made on behalf of the city granting
a right or easement or creating a public duty is being evaded or violated,
the city attorney, when directed by council, shall institute and prosecute
such suit or suits as may be necessary to enforce the forfeiture thereof,
or the specific performance thereof, as the nature of the case may require.

In case any officer, board or commission shall fail to perform any
duty required by law the city attorney, upon request of the council, shall
apply to a court of competent jurisdiction for a writ of mandamus to
compel the performance of such duty. Wherever the city or the school
board shall purchase or otherwise acquire real estate or any interest
therein, unless other provision is made by the council, the city attorney
shall examine and certify the title thereto before the purchase price thereof
shall be paid. The city attorney shall perform such other duties as may
be required by him by ordinance or resolution of the council, and shall
be paid such salary or compensation as the council may from time to
time prescribe, including earned fees above the retainer fee or salary
established by council.

ARTICLE III.

COURTS

§ 3.1. Municipal judge, election and term.—(a) The Municipal
Judge shall be elected at the time, in the manner, and for the term pro-
vided in this charter. Such Municipal Judge at the time of his election
and during his term of office, shall reside in the city of Radford, except
upon conditions otherwise provided herein, and shall not, during his term
of office, hold any other office of public trust, although he may serve as
local or regional Juvenile and Domestic Relations Court Judge. Such judge
shall be an attorney at law qualified and authorized to practice law in
this Commonwealth.

(b) Oath and bond.—Such Municipal Judge, before entering upon the
performance of his duties, shall take the official oath required by State
law, before the Circuit Court of the City, or the judge thereof in vaca-
tion. He shall also enter into bond in the penalty of ten thousand
($10,000.00) dollars before said Circuit Court, or the judge thereof in
vacation, or before the clerk thereof, with surety to be approved by said
court, judge or clerk, and conditioned for the faithful performance of his
duties as Municipal Judge.

§ 3.2. Compensation.—Such Municipal Judge shall receive such
salary as the city council may determine, to be paid in monthly or semi-
monthly installments, out of the treasury of the city, and he shall receive
no other compensation for his services as such Municipal Judge. His salary
shall not be diminished during his term of office.

§ 3.3. Daily sessions, substitute.—The court of such Municipal Judge
shall be kept open for the transaction of business every day in the year,
except Saturdays, Sundays and legal holidays. The city council may ap-
point a substitute Municipal Judge as hereinbefore provided in this
charter, and may at any time revoke such appointment unless council has
fixed his tenure. and mav make a new appointment in the event of such
revocation, or of the death, absence or disability of such substitute Munic-
ipal Judge. In the event of the inability of the Municipal Judge to perform
the duties of his office by reason of sickness, absence, vacation, interest
in the claim, proceedings, or parties before his court or otherwise, such
substitute Municipal Judge shall perform the duties of the office during
such absence or disability, and shall receive for his services a per diem
compensation equivalent to one-twentieth of a monthly installment of the
salary of the Municipal Judge, payable out of the treasury of the city,
and the city council may, from time to time, determine whether or not
such compensation shall be deducted from the salary of the Municipal
Judge or shall exceed the amount herein stipulated. While acting as such,
either the Municipal Judge or the substitute Municipal Judge may perform
such acts with reference to the proceedings and judgments of the other
in any warrant, claim or proceedings, before the court of the Municipal
Judge in the same manner and with the same force and effect as if they
were his own.

The Municipal Judge may also be the Judge of the Juvenile and
Domestic Relations Court of such city or the Judge of a Regional Juvenile
and Domestic Relations Court, and the jurisdiction, powers, authority
and duty of such Municipal Judge shall be the same as are now or here-
after conferred and imposed upon courts not of record in cities by the
laws of this State in civil and criminal matters and the procedure, re-
movals and appeals shall likewise conform to such laws.

Fees, costs and fines shall be assessed, fixed and collected by the Munic-
ipal Judge in the same manner as such fees, fines and costs are assessed,
fixed and collected by municipal courts by general law; and all such fees,
costs and fines collected shall be paid into the city treasury for the use
and benefit of the city; provided, however, that fines, costs and fees due
to the State’ by general law shall be paid to the proper officials of the State.

§ 8.4. Court room books and stationery.—The city council shall pro-
vide a suitable court room for such Municipal Judge, and shall furnish all
necessary furniture, books, stationery and clerical assistance. Such books
shall be under the control of the Municipal Judge and shall remain the
property of the city. ,

§ 3.5. Removal from office.—The said Municipal Judge or substitute
Municipal Judge may be removed or suspended from office by the Circuit
Court of the city for malfeasance, misfeasance, incompetency, gross neg-
lect of official duty, or corruption in office. All proceedings for such removal
or suspension shall be on motion by the city council on behalf of the
Municipal Corporation before the proper court, upon reasonable notice
to the said Municipal Judge or substitute Municipal Judge to be affected
thereby. Such officers shall have the right to demand a trial by jury.

§ 8.6. Vacancy.—Any vacancy occurring in the office of Municipal
Judge shall be filled by the council by election of a person with the quali-
fications prescribed in this charter.

Judge of the Juvenile and Domestic Relations Court, his elec-
tion, qualification, et cetera.—The Judge of the Circuit Court of the city
shall appoint some person as Judge of the Juvenile and Domestic Relations
Court in the City of Radford who may also be the Judge of a Regional
Juvenile and Domestic Relations Court, who need not be resident nor a
qualified voter in the city of Radford, and who shall hold office for the
term provided by general law. He shall have and possess all the authority
and jurisdiction given regional judges of juvenile and domestic relations
courts by general law; and the procedure from his court shall be governed
by general law applicable to such judges in the counties and regions in

the State.
ARTICLE IV.
POLICE FORCE
§ 4.1. Composition.—The Police Ferce shall be composed of a Chief
of Police or such officers, patrolmen, and other employees as the city
manager may determine and as may be authorized by the council, and
they shall be appointed and may be removed by the city manager. The
Chief of Police shall have immediate direction and control of the said
force, subject however, to the supervision of the city manager and as to
such rules, regulations and orders as the city manager may prescribe.
The Chief of Police shall issue all orders, rules, and regulations for the
government of the whole force.

§ 4.2. Powers and duties —The members of the said Police Force of
said city shall be, and they hereby are vested with all of the power and
authority which pertains to the office of constable and sheriff at common
law and as empowered by the laws of this State in taking cognizance of
and in enforcing criminal Jaws of the State and the ordinances and reg-
ulations of said city. Such patrolmen shall have no power in civil matters,
but shall execute any criminal warrant or warrants of arrest and sum-
mons in criminal cases that may be placed in his hands by any duly author-
ized person and make due return thereof, and shall generally carry out
the duties of the Police Force of the city as defined by State law.

§ 4.3. Each member of the Police Force shall, before entering upon
the duties of his office, take such oath as the council directs before the
Clerk of the Circuit Court, and should council by ordinance require, give
bond with surety approved by said clerk. Uniforms, badges and arms
shall be as prescribed by the city manager.

ARTICLE V.
FIRE FORCE

The fire force shall be composed of a chief and such other officers,
firemen and employees as the council may authorize. The fire chief shall
have immediate direction and control of the said force. subject, however,
to the supervision of the city manager, and to such rules and regulations
and orders as the said city manager may prescribe. The city manager
shall issue all orders, rules and regulations for the government of the
whole force. The members of the fire force shall be appointed by the city
manager and may be removed by him. In case of riot, conflagration, or
emergency, the city manager may appoint additional firemen and officers
for temporary service.

The chief of the fire department and his assistants are authorized
to exercise the powers of police officers while going to, attending or re-
turnin from any fire or alarm of fire.

Whenever any building in said city shall be on fire it shall be lawful
for the chief of the fire department to order and direct such building or
any other building which he may deem nazardous and likely to communi-
cate fire to other buildings, or in any part of such buildings, to be pulled
down or destroyed; and no action shall be maintained against said chief
or any other person acting under his authority or against the city there-
for; provided, however, that any person interested in the property so
destroyed may within one year thereafter apply in writing to the council
to assess and pay the damages he has sustained. The council may there-
upon pay to the claimant such sum as may be agreed upon between him
and the council. If no agreement he effected, such claimant may give to
the city attorney of said city ten days’ written notice of his intention to
apply to the Circuit Court of the citv for relief in the premises, and if
such court holds that liability exists, it may appoint five commissioners to
ascertain and assess his said damage, who shall be freeholders and resi-
dents of the city of Radford, any three or more of whom may act, for
the purpose of ascertaining and assessing the amount of such damages.
Nothing herein contained shall impose upon the city of Radford any
liability greater than that provided by the general laws of this Common-
wealth.
§ 6.1. Annual budget.—On or before the first day of April of each
year, the city manager shall cause to be prepared and submitted to council
an estimate of revenues and borrowings and a complete itemized and
classified plan of all contemplated expenditures, based upon estimates
furnished by the several officers of the city government, according to
classification, and as nearly uniform as possible. The budget shall present
the following information:

(a) An itemized statement of the appropriations recommended, with
comparative statement of parallel columns, showing appropriations made
for the then current and next preceding year.

(b) An itemized statement of the taxes required and of the estimated
revenues of the city from all other sources for the ensuing fiscal year,
with comparative statements in parallel columns of the taxes and other
revenues for the then current and next preceding year, and of the in-
creases or decreases estimated or nronosed.

(c) An itemized and complete financial balance sheet for the close
of the last preceding fiscal year, which may be incorporated with any
other required item herein set forth.

) A statement of the contemplated revenue and disbursements,
liabilities, reserves and surplus or deficit of the city as of the date of the
preparation of the budget.

(e) A fund statement showing the conditions of the various appro-
priations, the amount of appropriations remaining unencumbered, and
the amount of revenues remaining unappropriated.

(f) Explanatory text, relative to the conditions, reasons, et cetera,
connected with the estimates for the ensuing year.

(zg) Such other information as council may direct.

§ 6.2. <A public hearing shall be held by the council on any such
proposed budget, for informative and fiscal planning purposes only, with
notice thereof being published within the time and manner, and contain-
ing the information required by State law as now or hereafter provided.
As contained in said budget as published, the contemplated expenditures
shall be deemed to be for informative and fiscal planning only and shall
not be deemed to be an appropriation.

§ 6.3. Annual appropriation.—At least seven days before the end
of each fiscal year, the council shall adopt a budget for the ensuing fiscal
year and pass an annual! appropriation ordinance which shall be based on
the budget so adopted and shall levy such tax for the ensuing fiscal year
as in its discretion shall be sufficient to meet all just demands against the
city on any account.

§ 6.4. Fiscal year, maturing of local levies, et cetera.—The council
may determine when the fiscal year of the city, shall bevin and end and
may change the same from time to time. In the event the same begins
other than on July 1, the budget set forth in Article VI, § 1, shall
be submitted three months prior to the beginning of the fiscal year. The
council may also determine when city licenses, taxes and other local levies
shall be payable, and may by ordinances, make the same payable in equal
semiannual installments, and/or city license taxes aggregating fifty dol-
lars or more per year levied or assessed against any one person, firm or
corporation, in quarterly payments, and prescribe penalties for nonpay-
ment thereof on time. The said city shall have the power to allow a dis-
count on taxes paid in advance, to be fixed by ordinance.

§ 6.5. Unencumbered balances.—At the close of each fiscal year, or
upon the completion or abandonment, at any time within the year, of any
work, improvement, or other object for which a specific appropriation
has been made, the unencumbered balance of each appropriation shall
revert to the respective fund from which it was appropriated and shall be
subject to further appropriation. No money shall be drawn from the
treasury of the city nor shall any obligation for the expenditure of money
be incurred except pursuant to appropriations made by the council.

§ 6.6. Refunding bonds.—The council shall have the authority to
issue bonds for the purpose of refunding, so far as is necessary, any
bonds of the city at maturity, but no such refunding bonds shall be issued
for a greater period than thirty years. Such refunding bonds shall be sold
by the council, and the proceeds from such sale shall be used for the pur-
pose of paying the maturing bonds and for no other purpose. Such refund-
ing bonds shall be signed and executed in the same manner as other bonds.

§ 6.7. Issuance of bonds and notes.—For the execution of its powers
and duties and for fostering industrial development the city council may,
in the name of and for the use of the city, contract loans or cause to be
issued certificates of debt or bonds, provided no such certificate of debt
or bonds shall be issued except by a two-thirds vote of the qualified mem-
bers elected to council, ratified by a majority of qualified voters voting on
the question of the issuance thereof, but such bonds, certificates, or loans
shall not be irredeemable for a period greater than forty years; provided
that the council shall not issue any bonds or other interest-bearing obliga-
tions for any purpose, or in any manner to an amount which, including
existing indebtedness, shall at any time, exceed eighteen per centum of
the assessed valuation of the real estate in the city of Radford subject to
taxation, as shown by the last preceding assessment for taxation; pro-
vided, however, that in determining the limitation of the power of the city
through the council to incur indebtedness there shall not be included the
following classes of indebtedness:

(a) Certificates of indebtedness, revenue bonds or other obligations
issued in anticipation of the collection of the revenue of the city of Rad-
ford, Virginia, for the then current year, including the revenue derived
from taxation or the operation of its utilities; provided that such certifi-
cates, bonds or other obligations mature within one year from the date
of their issue, and be not past due and do not exceed the revenue for such

year.

(b) Bonds authorized by an ordinance enacted in accordance with
section one hundred twenty-three of the Constitution of Virginia and
approved by the affirmative vote of the majority of the qualified voters
of the city voting upon the question of their issuance, at the general
election next succeeding the enactment of the ordinance, or at a special
election held for that purpose, for a supply of water or other specific
undertaking from which the city may derive a revenue; but from and
after a period to be determined by the council, not exceeding five years
from the date of such election, whenever and for so long as such under-
taking fails to produce sufficient revenue to pay for cost of operation and
administration (including interest on bonds issued therefor), and the cost
of insurance against loss by injury to persons or property, and an annual
amount to be deposited or paid into a sinking fund sufficient to pay, at
or before maturity, all bonds issued on account of said undertaking, all
such bonds outstanding shall be included in determining the limitation of
the power to incur indebtedness, unless the principal and interest thereof
be made payable exclusively from the receipts of the undertaking. :

§ 6.8. Borrowing to meet current expenses.—To meet the current
expenses of the city government the council is authorized and empowered
to borrow on behalf of the city such sum or sums of money as in its
judgment is required, not exceeding the estimated revenues to be received
during the then current year, including the revenue derived from taxation
or from the operation of its utilities, and may issue such obligations of
the city as may be required, payable out of the current revenues of the
city to be derived from taxation or the operation of its utilities, provided
such obligations mature within one year from the date of their issue;
provided further that nothing in this section or in the charter of the city
shall be construed to require such obligation or obligations to be ratified
by either the freehold or qualified voters of the city.

All contracts for the erecting of public utilities and for improvements
and purposes within the jurisdiction of the city council shall be let to the
lowest responsible bidder, and notice shall be given, for at least thirty
days before the work is finally let, by advertisement in one or more news-
papers published or circulated in the city, and the party to whom said
contract shall be let shall give bond as the council may require and approve.

§ 6.9. Power and duty to assess taxes; purposes.—For the execution
of its powers and duties, the city council may raise taxes annually by
assessment in said city on all subjects taxable by the State, the taxation
of which by cities and towns is not forbidden by general law, such sums of
money as they shall deem necessary to defray the expenses of the same,
and in such manner as they shall deem expedient (in accordance with the
laws of the State and the United States) provided that no tax upon real
and personal property in said city, except taxes for the purpose of pay-
ing the principal or interest of bonds of the city or for the purpose of
providing a sinking fund for the payment of the bonds of the city, shall
exceed three dollars fifty cents upon the one hundred dollars assessed
value thereof. It shall be the duty of the said city council to levy annually
on taxable property in said city a tax sufficient to pay the interest on all
bonds of the said city, as such interest falls due, and also sufficient to pay
the principal of said bonds, as such principal falls due, or to provide a
sufficient sinking fund for the payment of said principal at maturity.

§ 6.10. Special assessments.—All local or special assessments shall
be made and collected as council shall prescribe by ordinance and in ac-
cordance with law, and such special assessments shall have priority over
all claims or liens whether prior or subsequent thereto.

§ 6.11. Liens for taxes, et cetera.—There shall be a prior lien on
all real estate and on each and every interest therein for the city taxes
assessed thereon, from the commencement of the year for which they
were assessed, and also for all local assessments which may be made
thereon according to law. There shall also be a lien on any land or
premises for the amount of expense incurred by said city in abating any
nuisance thereon or cutting or removing weeds or rubbish therefrom,
after notice to the owner thereof by publication or otherwise as may be
provided by ordinance, to abate the same, to cut weeds and/or remove
rubbish therefrom; provided, however, that the lien for the amount of
any such local assessment or for the expense of abating any nuisance or
cutting or removing weeds and rubbish from any premises shall not be
good against a purchaser of such land or premises for value without
notice except and until from the time that the same shall be docketed in
the judgment lien docket in the office of the Clerk of the Circuit Court of
the City of Radford, and indexed in the name of the person or persons
owning such estate or land by a “claim of lien” filed with the clerk by
the city manager or his authorized representative, setting forth the
amount, reason for, and time from which said lien is claimed. The council
may require such real estate in the city, delinquent for the nonpayment
of taxes, or assessments of expenses incurred as above provided, to be
sold for said taxes or assessments or expenses, with interest thereon at
the rate of six per centum per annum, and such percentage as may be
prescribed for such charges; and the council may regulate the terms on
which the real estate so delinquent may be sold or redeemed, provided,
such sales shall be made subject to the prior lien of the Commonwealth
for taxes, if any. The lien above mentioned may be enforced as provided
by general law.

§ 6.12. Levy for taxes.—All goods and chattels of any person
against whom taxes for the city are assessed may be distrained and sold
for State taxes.

A tenant by whom payment is made or from whom payment is ob-
tained by distress or otherwise of taxes or levies due the city by a per-
son under whom he holds, shall have credit for the same against such
person out of the rents he may owe him, except when the tenant is bound
to pay such taxes and levies by an express contract with such person.
And where taxes or levies are paid to the city by a fiduciary on any estate
in his hands or for which he may be liable, such taxes and levies shall be
refunded out of the said estate.

§ 6.18. License taxes.—(a) License taxes may be imposed by ordi-
nance on business, trades, professions, and callings and upon the persons,
firms, associations and corporations engaged therein and the agents
thereof, except in cases where taxation by the localities shall be pro-
hibited by the general law of the State and nothing herein shall be con-
strued to repeal, or amend any general law of the State with respect to
taxation.

(b) The council may require every person, firm or corporation using
or operating a vehicle on the streets of the city to secure a license tag
and to pay a tax therefor, whether such vehicle is used or operated for
compensation or not, so long as such vehicle is principally parked or
garaged in said city.

(c) The council may subject any person, firm or corporation who or
which without obtaining a license therefor, shall follow any business, occu-
pation, vocation, trade. pursuit, calling, or shall do any other act for
which a license is required. to such fine or penalty as it is authorized to
impose for any violation of its laws.

(d) The council may, in its discretion, determine whether or not
the commissioner of the revenue shall receive fees for issuing and trans-
ferring citv licenses, and it may fix the amount of such fees and change
the same from time to time, provided, however, that no such fees shall
be payable out of the city treasury, but shall be paid by the person obtain-
ing the license or transfer, and such license or transfer may be withheld
by the commissioner of the revenue until such fees are paid.

(e) Council may provide by ordinance for revoking any license for
failure to comnlv with conditions upon which same is granted.

(f) In addition to other remedies provided by general law. or pro-
vided by ordinance enacted pursuant to general law, the city shall have
a lien from January first of each tax year prior to any other lien except
for other taxes. on any and all vehicles, fixtures, furniture, books of ac-
count and of the acconnts therein. and all stock in trade, or effects used
In, or in connection with. any business for which a license is required for
the amount of such license or licenses, plus fees. interest, penalties and
costs. The council may by ordinance provide for the enforcement of such
lien by levy or otherwise as the council may determine.

6.14. Public finance.—By this charter, the Public Finance Act of
1958. and all acts amendatory thereof. as now in effect or as the same
mav be amended in the future. are incornorated in this charter hv refer-
ence as permissive to the city and not be construed as limiting the
financial and borrowing powers of the city in any way, all as the same
is set forth in Chapter 5 of Title 15.1 of the Code of Virginia.

§ 6.15. The council may impose. levy and collect admission tax on
anv nlace of amusement. entertainment. sport, exhibition or athletic event
held in the citv and may require the same to be added to the admission
price and remitted to the city by the sponsor or promoter of such event.
§ 6.16. There shall be a prior lien on any and all vehicles, fixtures,
furniture, books of account and of the accounts therein, and all stock in
trade or effects used in or in connection with any business for the amount
of all taxes assessed against such vehicles, fixtures, furniture and stock,
and for the amount of any license or licenses imposed thereon, plus fees,
interest, penalties and costs. The foregoing liens may be enforced as coun-
cil may prescribe by ordinance, and shall be in addition to any other
remedies provided by general law.

ARTICLE VII.
OTHER OFFICERS

Election of other officers.—There shall be elected by the qualified
voters of said city, on the Tuesday after the first Monday in November,
nineteen hundred sixty-nine, and quadrennially thereafter, the follow-
ing officers: One attorney for the Commonwealth, one commissioner of
revenue, one city treasurer and one city sergeant who shall hold their
offices for a term of four years from the first day of January ensuing
their election and until their successors are duly elected and qualified,
unless sooner removed from office.

ARTICLE VIII.
TREASURER

City treasurer.—The city treasurer, shall be elected at the time, in
the manner and for the term provided in Article VII of this charter. He
shall take the oath prescribed by law and shall give bond in such sum
as the council may by ordinance prescribe, but not less than thirty thou-
sand dollars nor more than one hundred thousand dollars, with surety
to be annroved by the council. conditioned for the faithful discharge of
his official duties in relation to the revenues of the city, and of such
other official duties as may be imnosed upon him bv general law and by this
charter and the ordinances of the city. He shall collect and receive all
city taxes, levies, assessments, license taxes, rents, school funds, fees and
other revenue or monevs accruing to the city, except such as council shall
by ordinance make it the duty of some other office to collect, and for that
purpose shall be vested with any and all powers which are now or may
hereafter be vested in said citv treasurer as collector of State taxes. He
shall be the enstodian of all nnblic money of the citv, and all other money
coming into his hands as city treasurer. He shall perform such other
duties, have such powers and be liable to such penalties as are now
or may hereafter be prescribed by general law or ordinance. For such
service the citv treasurer shall receive such compensation as may be fixed
under the provisions of general law.

ARTICLE IX.
CITY COMMISSIONER OF REVENUE

The commissioner of revenue shall be elected at the time. in the man-
ner and for the term provided in Article VII of this charter. He shall give
bond in such sum as the council may by ordinance prescribe. not to ex-
ceed five thousand dollars, with surety to be approved by the council,
conditioned for the faithful performance of all of his duties under the
general law, and this charter, and under any ordinances of the city. He
shall perform such duties not inconsistent with the laws of the State in
relation to the assessment of property and licenses as may be required
by the council for the purpose of levving city taxes and licenses. He
shall have power to administer such oaths as may be required bv general
Jaw or bv the council in the assessment of licenses. taxes or other taxes
for the city. He shall make such report in regard to the assessment of
both pronerty and licenses, or either, as may be fixed under the provisions
of general law.
The attorney for the Commonwealth and the city sergeant shall be
elected at the time, in the manner and for the terms provided in Article
VII of this charter. Such officers shall perform such duties as may be
required of them respectively by general law, and in addition shall per-
form such other duties as the city may require of them respectively by
ordinance not in conflict with the laws of this State.

ARTICLE XI.
CLERK OF COURT

There shall be elected by the qualified voters of the city of Radford
on the Tuesday after the first Monday in November, 1968, and every eight
years thereafter, a Clerk for the Circuit Court of the City of Radford,
whose term shall begin on the first day of January following his election,
and continuing for eight years thereafter. He shall perform such duties
as may be required of him by general law, and in addition, such duties as
the city may require by ordinance not in conflict with general law. To the
extent that the same be in conflict herewith, § 24-166 of the Code of
Virginia, and any other act or acts relative to the election of such clerk,
is and are hereby repealed to the extent of such conflict.

ARTICLE XII.
VACANCIES

§ 12.1. Vacancies in the elective offices—In case of any vacancy in
office of the elective offices of the city, the same shall be filled as provided

by general law.
ARTICLE XIII.
MISCELLANEOUS

§ 13.1. The city shall be composed of one ward only, to be divided
into precincts as the council by ordinance may provide or as may be pro-
vided by general law.

§ 13.2. The entire city shall comprise one school district.

§ 13.3. Actions against the city for damages.—No action shall be
maintained against the said city for injury to any person or property, or
for wrongful death alleged to have been sustained by reason of the negli-
gence of the city, or any officer, agent or employee thereof, unless a
written statement by the claimant, his agent, attorney or representative
of the nature of the claim and of the time and place at which the injury
is alleged to have occurred or been received, shall have been filed with the
city attorney, or with the mayor, or chief executive, within sixty days
after such cause of action shall have accrued, except that when the claim-
ant is an infant or non compos mentis, or the injured party dies within such
sixty days such statement may be filed within one hundred twenty days.

§ 13.4. Wherever power is conferred upon said city by this charter
to adopt ordinances, rules and/or regulations, and impose and enforce
penalties for offenses committed thereon or for the protection of any prop-
erty owned by the said city, but situated more than one mile beyond the
corporate limits thereof, the county court wherein such property is located
shall have exclusive jurisdiction of all offenses committed in such county
against such ordinances, rules and regulations, imposing such penalties,
unless otherwise specifically provided by general law, and jurisdiction of
injunction suits for the protection of any such property shall be as is now,
or may hereafter be, provided by general law.

§ 13.5. Partial Invalidity—If any clause, sentence, paragraph or
part of this act shall for any reason be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder of said act, but shall be confined in its operation
the clause, sentence, paragraph, or part thereof directly involved in the
controversy in which said judgment shall have been rendered.

2. Chapter 375 of the Acts of Assembly of 1946, approved March 28,
1946, as amended, is repealed.

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