Chap. 116.—An ACT to provide a new charter for the city of Richmond; to
Section_5931 of the Code of Virginia relating to compensation of cer-

tam officers, er 90 of the Acts of Assembly of 1926, approved March 2,
1926, relating to civil justices in certain cities, and Chapter 318 of the Acts

of Assembly of 1926, approved March 24, 1926, which provided a new charter

for the city of Richm and all amendments thereto. {H 1)

Approved March 5, 1948

Whereas, pursuant to Section 2925 of the Code of Virginia as
amended by Chapter 122 of the Acts of the General Assembly of
Virginia of 1946, there were filed in the clerk’s office of the hustings
court of the city of Richmond on or about the 6th day of August,
1946, petitions signed by 5,530 qualified voters of the city of Rich-
mond praying that the necessary steps be taken to frame and
request the General Assembly of Virginia to grant to the city of
Richmond a special form of government, the number of qualified
voters who signed the petitions being in excess of fifteen per
centum of the number of votes cast in the city of Richmond in the
general election held November 7, 1944, said election having the
largest number of votes cast in any primary or general election
held in the city of Richmond during the 5 years next preceding
the filing of the petitions ; and

Whereas, upon the filing of the petitions in said clerk’s office,
the hustings court of the city of Richmond ordered an election to
be held in the city of Richmond on the 5th day of November, 1946,
in which the proposition “Shall this city take steps to frame and
request the General Assembly of Virginia to grant to it a special
form of government” was ordered to be submitted to the qualified
voters of the city for approval or disapproval ; and

Whereas, in said election 20,840 qualified voters cast their votes
upon the proposition submitted, and 16,755 qualified voters
approved the proposition; and a charter commission, consisting of
7 members provided for by Section 2925 of the Code of Virginia,
was elected; and

Whereas, the commission so elected proceeded to prepare and
propose a charter containing a special form of government for the
city of Richmond, and on May 2, 1947, filed one copy of the charter
in the clerk’s office of the hustings court of the city of Richmond
and one copy in the office of the city clerk of the city of Richmond,
as directed by Section 2925 of the Code of Virginia; and

Whereas, upon filing the copy of the proposed charter in said
clerk’s office, the hustings court of the city of Richmond ordered
an election to be held in the city of Richmond on November 4, 1947,
in which the proposition “Shall the General Assembly be requested
to grant to this city the special form of government contained in
the charter proposed by the charter commission” was ordered to
be submitted to the qualified voters of the city for approval or
disapproval; and >

Whereas, in said election 29,627 qualified voters cast their
votes upon the proposition submitted, and 21,567 qualified voters
approved the proposition ; and

Whereas, the hustings court of the city of Richmond has certi-
fied to the Secretary of the Commonwealth that a majority of the
qualified voters voting in the election voted in favor of the proposi-
tion submitted, and also transmitted to the Secretary of the Com-
monwealth the copy of the proposed charter filed in said clerk’s
office ; Now, Therefore,

Be it enacted by the General Assembly of Virginia:

CHAPTER 1

INCORPORATION AND BOUNDARIES

1. Section 1.01. Incorporation—The inhabitants of the terri-
tory comprised within the limits of the city of Richmond, as the
same now are or may hereafter be established by law, shall continue
to be a body politic and corporate under the name of the city of
Richmond and 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.

Section 1.02. Boundaries.—The boundaries of the city shall be
as described in the act of the General Assembly approved March
24, 1926, found in chapter 318 at page 533 of the Acts of Assembly
of 1926 as modified and enlarged by the decree of the circuit court
of Henrico County entered February 1, 1940 in the annexation
proceeding styled city of Richmond versus county of Henrico,
which decree was modified, amended and enlarged by decrees of
the supreme court of appeals entered June 9, 1941 in accordance
with the written opinion of that court in the case styled county of
Henrico, Windsor Farms, Incorporated, and others versus city of
Richmond, officially reported in volume 177 of the Virginia Reports
at page 754, all of which decrees are recorded in the clerk’s office of
the chancery court of the city of Richmond in Deed Book 430-C at
pages 275 and 292, and as modified and enlarged by the decree of
the circuit court of Chesterfield County entered November 6, 1941
in the annexation proceeding styled city of Richmond versus county
of Chesterfield, which decree is recorded in the clerk’s office of the
chancery court of the city of Richmond in Deed Book 429-C, page
421, and in the clerk’s office of the hustings court of the city of
Richmond, part II, in Deed Book 86-B, page 358.
Section 2.01. General Grant of Powers.—The city shall have
and may exercise all powers which are now or may hereafter be
conferred upon or delegated to cities under the Constitution and
laws of the Commonwealth and all other powers pertinent to the
conduct of a city government the exercise of which is not expressly
prohibited by the said Constitution and laws and which in the
opinion of the council are necessary or desirable to promote the
general welfare of the city and the safety, health, peace, good order,
comfort, convenience and morals of its inhabitants, as fully and
completely as though such powers were specifically enumerated in
this charter, and no enumeration of particular powers in this
charter shall be held to be exclusive but shall be held to be in
addition to this general grant of powers.

Section 2.02. Financial Powers.—In addition to the powers
granted by other sections of this charter the city shall have power:

(a) To raise annually by taxes and assessments in the city
such sums of money as the council shall deem necessary to pay the
debts and defray the expenses of the city, in such manner as the
council shall deem expedient, provided that such taxes and assess-
ments are not prohibited by the laws of the Commonwealth. -In
addition to, but not as a limitation upon, this general grant of
power the city shall, when not prohibited by the laws of the Com-
monwealth, have power to levy and collect ad valorem taxes on real
estate and tangible personal property and machinery and tools,
and a capitation tax not exceeding one dollar per annum on each
resident of the Commonwealth within the limits of the city; to levy
and collect taxes for admission to or other charge for any public
amusement, entertainment, performance, exhibition, sport or ath-
letic event in the city, which taxes may be added to and collected
with the price of such admission or other charge; to levy on and
collect taxes from purchasers of any public utility service used
within the city, which taxes may be added to and collected with the
bills rendered purchasers of such service; to require licenses, pro-
hibit the conduct of any business or profession without such a
license, require taxes to be paid on such licenses in respect of all
businesses and professions which cannot, in the opinion of the
council, be reached by the ad valorem system; and to require
licenses of owners of vehicles of all kinds for the privilege of using
the streets, alleys and other public places in the city, require taxes
to be paid on such licenses and prohibit the use of streets, alleys
and other public places in the without such license; provided,
however, that nothing herein contained shall be construed as per-
mitting the city to levy and collect directly or indirectly a tax on
payrolls.

(b) To borrow money for the purposes and in the manner
provided by Chapter 7 of this charter.

(c) To make appropriations, subject to the limitations imposed
by this charter, for the support of the city government and any
other purposes authorized by this charter and not prohibited by
the laws of the Commonwealth.

(d) To appropriate, without being bound by other provisions
of this charter, not more than five hundred thousand dollars in any
one fiscal year for the purpose of meeting a public emergency
threatening the lives, health or property of the inhabitants of the
city, provided that any such appropriation shall require at least
seven affirmative votes in the council and that the ordinance
making such appropriation shall contain a clear statement of the
nature and extent of the emergency.

(e) To accept or refuse gifts, donations, bequests or grants
from any source for any purpose related to the powers and duties
of the city government.

(f) To provide, or aid in the support of, public libraries and
public schools.

(g) To grant financial aid to military units organized in the
city in accordance with the laws of the Commonwealth, and to
charitable or benevolent institutions and corporations, including
those established for scientific, literary or musical purposes or the
encouragement of agriculture and the mechanical arts, whose
functions further the public purposes of the city.

(h) To establish a system of pensions for injured, retired or
superannuated city officers and employees, members of the police
and fire departments, teachers and other employees of the school
board, judges, clerks, deputy clerks, bailiffs and other employees of
the municipal courts, and to establish a fund or funds for the pay-
ment of such pensions by making appropriations out of the treasury
of the city, by levying a special tax for the benefit of such fund or
funds, by requiring contributions payable from time to time from
such officers or employees, or by any combination of these methods
or by any other method not prohibited by law, provided that the
total annual payments into such fund or funds shall be sufficient
on sound actuarial principles to provide for the pensions to be
paid therefrom, and provided further that the benefits accrued or
accruing to any person under such system shall not be subject to
execution, levy, attachment, garnishment or any other process
whatsoever nor shall any assignment of such benefits be enforceable
in any court.

(i) To provide for the control and management of the fiscal
affairs of the city, and prescribe and require the adoption and keep-
ing of such books, records, accounts and systems of accounting by
the departments, boards, commissions, courts or other agencies of
the city government provided for by this charter or otherwise by
law as may be necessary to give full and true accounts of the affairs,
resources and revenues of the city and the handling, use and
disposal thereof.

Section 2.03. Powers Relating to Public Works, Utilities and
Properties.—In addition to the powers granted by other sections
of this charter, the city shall have power:

(a) To lay out, open, extend, widen, narrow, establish or
change the grade of, close, construct, pave, curb, gutter, adorn with
shade trees, otherwise improve, maintain, repair, clean and light,
streets, including limited access or express highways, alleys,
bridges, viaducts, subways and underpasses, and make and improve
walkways upon streets and improve and pave alleys within the
city; and the city shall have the same power and authority over
any street, alley or other public place ceded or conveyed to the city
or dedicated or devoted to public use as over other streets, alleys
and other public places.

(b) To acquire, construct, own, maintain and operate, within
and without the city, public parks, parkways, playfields and play-
grounds, and to lay out, equip and improve them with all suitable
devices, buildings and other structures.

(c) Tocollect and dispose of garbage and other refuse and to
construct, maintain and operate, within and without the city, incin-
erators, dumps or other facilities for such purposes.

(d) To construct, maintain and operate, within and without
the city, sewers, drains, culverts and sewage disposal works.

(e) To assess the whole or part of the cost of making and
improving walkways on then existing streets, improving or paving
existing alleys, or constructing sewers, culverts and drains, upon
the owners of land abutting thereon or on the street or alley in
which such sewer, culvert, or drain is laid, provided that the
amount of such assessment shall not exceed the peculiar benefit
resulting to the landowner from the improvement; provided fur-
ther, that in lieu of any such assessment for the construction of a
sewer, culvert or drain, the city may assess and collect an annual
sewer tax as compensation for the use thereof, and may provide for
the commutation thereof upon such terms and conditions as the
council may provide by ordinance, but such assessment shall not
be in excess of the peculiar benefit resulting therefrom to such
abutting landowners; and provided further, that the city may
acquire by condemnation or otherwise any interest or right of any
owner of abutting property in the use of any sewer, culvert or
180 ACTS OF ASSEMBLY [va., 1948

drain, and thereafter charge such landowner for the use of such
sewer, culvert or drain. The city may order such improvements to
be made and the cost thereof apportioned in pursuance of an agree-
ment between the city and the abutting landowners. In the absence
of such an agreement the improvements may be ordered on a
petition from not less than three-fourths of the landowners to be
affected thereby or by six affirmative votes of the council.

(f) To construct, maintain and equip all buildings and other
structures necessary or useful in carrying out the powers and duties
of the city.

(g) To sell, lease or dispose ‘of, except as otherwise provided
in this charter and in the Constitution and laws of the Common-
wealth, land, buildings and other property of the city, real and
personal.

(h) To control and regulate the use and management of all
property of the city, real and personal.

(i) To acquire, construct and maintain or authorize the con-
struction and maintenance of bridges, viaducts, subways or under-
passes over or under the James River or any other stream, creek
or ravine when any portion of such bridge, viaduct, subway or
underpass is within the city limits, and to charge or authorize the
charging of tolls for their use by the public, and to require com-
pensation for their use by public utility, transmission or transpor-
tation companies, except as the right to require such compensation
is affected by any contract heretofore or hereafter made with the
company concerned; provided that no tolls or compensation shall
ever be imposed or collected for the use of “Robert E. Lee Bridge”
by any vehicle or pedestrian.

(j) To authorize by ordinance, in accordance with the Con-
stitution and laws of the Commonwealth, the use of the streets for
the laying down of street railway tracks and the operation of street
railways therein under such conditions and regulations as may be
prescribed by such ordinance or by any future ordinance, or to
acquire by agreement or condemnation any such street railway
and maintain and operate the same.

(k) To acquire, construct, own, maintain and operate, within
and without the city, places for the parking or storage of vehicles
by the public, which shall include but shall not be limited to parking
lots, garages, buildings and other land, structures, equipment and
facilities, when in the opinion of the council they are necessary to
relieve congestion in the use of streets and to reduce hazards inci-
dent to such use; provide for their management and control by a
department of the city government or by a board, commission or
agency specially established by ordinance for the purpose; author-
ize or permit others to use, operate or maintain such places or any
portions thereof, pursuant to lease or agreement, upon such terms
and conditions as the council may determine by ordinance; and
charge or authorize the charging of compensation for the parking
or storage of vehicles or other services at or in such places.

(1) To acquire, construct, own, maintain and operate, within
and without the city, airports and all the appurtenances thereof;
provide for their management and control by a department of the
city government or by a board, commission or agency specially
established by ordinance for the purpose; charge or authorize the
charging of compensation for the use of any such airport or any of
its appurtenances; lease any appurtenance of any such airport or
any concession incidental thereto or, in the discretion of the council,
lease any such airport and its appurtenances with the right to all
concessions thereon to, or enter into a contract for the management
and operation of the same with, any person, firm or corporation
on such terms and conditions as the council may determine by
ordinance.

(m) To acquire, construct, own, maintain and operate, within
and without the city, stadia, arenas, swimming pools and other
sport facilities; provide for their management and control by a
department of the city government or by a board, commission or
agency specially established by ordinance for the purpose; charge
or authorize the charging of compensation for the use of or admis-
sion to such stadia, arenas, swimming pools and other sport facili-
ties, including charges for any services incidental thereto; lease,
subject to such regulations as may be established by ordinance,
any such stadium, arena, swimming pool or other sport facility or
any concession incidental thereto, or enter into a contract with any
person, firm or corporation for the management and operation of
any such stadium, arena, swimming pool or other sport facility,
including the right to all concessions incident to the subject of such
contract, on such terms and conditions as the council may deter-
mine by ordinance.

(n) To acquire, construct, own, maintain and operate, within
and without the city, water works, gas plants and electric plants,
with the pipe and transmission lines incident thereto, to be managed
and controlled as provided in Chapter 13 of this charter, for the
purpose of supplying water, gas and electricity within and without
the city, and to charge and collect compensation therefor, and to
provide penalties for the unauthorized use thereof.

(0) To acquire, construct, own, maintain and operate, within
and without the city, landings, wharves, docks, canals and the
approaches to and appurtenances thereof, tracks, spurs, crossings,
switchings, terminals, warehouses and terminal facilities of every
kind and description necessary or useful in the transportation and
storage of goods, wares and merchandise; perform any and all
services in connection with the receipt, delivery, shipment and
transfer in transit, weighing, marking, tagging, ventilating, refrig-
erating, icing, storing and handling of goods, wares and merchan-
dise; prescribe and collect charges from vessels coming into or
using any of the landings, wharves and docks, and from persons
using any of the facilities above described ; provide for the manage-
ment and control of such facilities or any of them by a department
of the city government or by a board, commission or agency spe-
cially established by ordinance for the purpose; lease any or all of
such facilities or any concessions properly incident thereto to any
person, firm or corporation or contract with any person, firm or
corporation for the maintenance and operation of any or all of such
facilities on such terms and conditions as the council may deter-
mine by ordinance; apply to the proper authorities of the United
States to grant to the city the privilege of establishing, maintain-
ing and operating a foreign trade zone within or without the city ;
regulate the use of other landings, wharves and docks located on
the James River within and without the city; prevent and remove
obstructions from the harbor of the James River and in, upon or
near the landings, wharves, docks or canals adjacent thereto, and
collect from the person or persons responsible for such obstructions
the cost of their removal; close or discontinue the use of any such
wharf, landing, dock or canal now owned or hereafter acquired
by the city and upon the closing or discontinuance of such use the
same shall thereupon be forever discharged from any public use or
easement or from any obligation theretofore imposed by reason of
such public use or easement by statute or otherwise, provided that
before the dock or any part thereof conveyed by the Chesapeake
and Ohio Railway Company to the William R. Trigg Company,
by deed dated June 1, 1901, in accordance with the provisions of the
act of Assembly approved February 15, 1901, shall be closed or
filled in, the city, at its sole cost and expense, shall make provision
for disposing of the water required by said act to be delivered into
said dock and shall, at its cost and expense, maintain the provision
so made, and in the event of such abandonment, closing or discon-
tinuance of the use of such landing, wharf, dock or canal the city
shall have the right to use or dispose of the land upon which the said
landing, wharf, dock or canal may be located, together with all lands
or other rights appurtenant thereto, to the same extent as if the
said landing, wharf, dock, canal or lands, or right thereto belonging,
had never been charged with any public use or easement; improve
and keep in good, safe and navigable condition the James River in
the corporate limits and within twenty miles thereof, and may hold,
lease, sell or otherwise dispose of all lands or interest therein
acquired for the improvement of the James River and navigation
and for the construction of canals or widening the river; and
provide and operate such connections by ferries, bridges, or other-
wise, as may be necessary for transportation between the sections
of land divided by such canals.

Section 2.04. Power to Make Regulations for the Preservation
of the Safety, Health, Peace, Good Order, Comfort, Convenience,
Morals and Welfare of the City and Its Inhabitants——In addition
to the powers granted by other sections of this charter the city
shall have power to adopt ordinances, not in conflict with this
charter or prohibited by the general laws of the Commonwealth,
for the preservation of the safety, health, peace, good order, com-
fort, convenience, morals and welfare of its inhabitants, and among
such powers, but not in limitation thereof, the city shall have
power:

(a) To provide for the prevention of vice, immorality, vagrancy
and drunkenness; prevention and quelling of riots, disturbances
and disorderly assemblages; suppression of houses of ill-fame and
gambling places; prevention of lewd and disorderly conduct or
exhibitions; and prevention of conduct in the streets dangerous to
the public.

(b) To regulate the construction, maintenance and repair of
buildings and other structures and the plumbing, electrical, heating,
elevator, escalator, boiler, unfired pressure vessel, and air condi-
tioning installations therein, for the purpose of preventing fire and
other dangers to life and health.

(c) To provide for the protection of the city’s property, real
and personal, the prevention of the pollution of the city’s water
supply, and the regulation of the use of parks, playgrounds, play-
fields, recreational facilities, landings, docks, wharves, canals, air-
ports and other public property, whether located within or without
the city. For the purpose of enforcing such regulations all city
property wherever located shall be under the police jurisdiction of
the city. Any member of the police force of the city or employee
thereof appointed as a special policeman shall have power to make
arrests for violation of any ordinance, rule or regulation adopted
pursuant to this section and the police court shall have jurisdiction
in all cases arising thereunder within the city and the trial justice
court of the county wherein the offense occurs shall have jurisdic-
tion of all cases arising thereunder without the city.

(d) To grant or authorize the issuance of permits under such
terms and conditions as the council may impose for the use of
streets, alleys and other public places of the city by railroads, street
railways, buses, taxicabs and other vehicles for hire; prescribe the
location in, under or over, and grant permits for the use of, streets,
alleys and other public places for the maintenance and operation
of tracks, poles, wires, cables, pipes, conduits, bridges, subways,
vaults, areas and cellars; require tracks, poles, wires, cables, pipes,
conduits and bridges to be altered, removed or relocated either
permanently or temporarily; charge and collect compensation for
the privileges so granted ; and prohibit such use of the streets, alleys
and other public places of the city, and no such use shall be made
of the streets, alleys or other public places of the city without the
consent of the council.

(e) To prevent any obstruction of or encroachment over, under
or in any street, alley, sidewalk or other public place; provide penal-
ties for maintaining any such obstruction or encroachment; remove
the same and charge the cost thereof to the owner or owners, occu-
pant or occupants of the property so obstructing or encroaching,
and collect the sum charged in any manner provided by law for the
collection of taxes; require the owner or owners or the occupant
or occupants of the property so obstructing or encroaching to
remove the same; pending such removal charge the owner or own-
ers of the property so obstructing or encroaching compensation for
the use of such portion of the street, alley, sidewalk or other public
place obstructed or encroached upon the equivalent of what would
be the tax upon the land so occupied if it were owned by the owner
or owners of the property so obstructing or. encroaching, and, if
such removal shall not be made within the time ordered, impose
penalties for each and every day that such obstruction or encroach-
ment is allowed to continue thereafter; authorize encroachments
upon streets, alleys, sidewalks or other public places, subject to
such terms and conditions as the council may prescribe, but such
authorization shall not relieve the owner or owners, occupant or
occupants of the property encroaching, of any liability for negli-
gence on account of such encroachment; and recover possession of
any street, alley, sidewalk or other public place or any other
property of the city by suit or action in ejectment.

(f) To prescribe the, route and grade of any railroad laid in the
city, regulate the operation of locomotives and cars, and exclude
such locomotives and cars from the city, provided no contract
between the city and the corporation operating such locomotives or
cars is violated by such action.

(g) To regulate the operation of motor vehicles and exercise
control over traffic in the streets of the city and provide penalties
for the violation of such regulations, provided that ordinances or
administrative regulations adopted by virtue of this subsection shall
not be inconsistent with the provisions of the motor vehicle code of
Virginia. All fines imposed for the violation of such ordinances and
regulations shall be paid into the city treasury.
(h) To regulate, in the interest of public health, the production,
preparation, distribution, sale and possession of milk, other bever-
ages and foods for human consumption, and the places in which
they are produced, prepared, distributed, sold, served or stored;
regulate the construction, installation, maintenance and condition of
all water and sewer pipes, connections, toilets, water closets and
plumbing fixtures of all kinds; regulate the construction and use
of septic tanks and dry closets, where sewers are not available, and
the sanitation of swimming pools and lakes; provide for the remov-
al of night soil, and charge and collect compensation for the removal
thereof; compel the use of sewers, the connection of abutting
premises therewith, and the installation in such premises of suitable
sanitary facilities; regulate or prohibit connections to and use of
sewers; provide for the quarantine of any person afflicted with a
contagious or infectious disease, and for the removal of such person
to a hospital or ward specially designated for contagious or infec-
tious diseases; inspect and prescribe reasonable rules and regula-
tions, in the interest of public health, with respect to private
hospitals, sanatoria, convalescent homes, clinics and other private
institutions, homes and facilities for the care of the sick, of children,
the aged and the destitute; and make and enforce all regulations
necessary to preserve and promote public health and sanitation and
protect the inhabitants of the city from contagious, infectious or
other diseases.

(i) To regulate cemeteries and burials therein, prescribe the
records to be kept by the owners of such cemeteries, and prohibit
all burials except in a public burying ground.

(j) To regulate or prohibit the exercise of any dangerous,
offensive or unhealthful business, trade or employment, and the
transportation of any offensive or dangerous substance.

(k) To regulate the light, ventilation, sanitation and use and
occupancy of buildings heretofore or hereafter constructed, altered,
remodeled or improved, and the sanitation of the premises sur-
rounding the same.

(1) To regulate the emission of smoke, the construction, instal-
lation.and maintenance of fuel burning equipment, and the methods
of firing and stoking furnaces and boilers.

(m) To compel the removal of weeds from private and public
property and snow from sidewalks; the covering or removal of
offensive, unwholesome, unsanitary or unhealthy substances
allowed to accumulate in or on any place or premises; the filling
in to the street level of the portion of any lot adjacent to a street
where the difference in level between the lot and the street consti-
tutes a danger to life and limb; the raising or draining of grounds
subject to be covered by stagnant water ; the razing or repair of all
unsafe, dangerous or unsanitary public or private buildings, walls or
structures which constitute a menace to the health and safety of the
occupants thereof or the public; and to compel the abatement or
removal of any and all other nuisances whatsoever. If after such
reasonable notice as the council may prescribe by ordinance the
owner or owners, occupant or occupants of the property or premises
affected by the provisions of this subsection shall fail to abate or
obviate the condition or nuisance, the city may do so and charge
and collect the cost thereof from the owner or owners, occupant or
occupants of the property affected in any manner provided by law
for the collection of taxes.

(n) To regulate or prohibit the manufacture, storage, trans-
portation, possession and use of explosive or inflammable sub-
stances and the use and exhibition of fireworks and discharge of
firearms.

(0) To regulate or prohibit the making of fires in the streets,
alleys and other public places in the city and to regulate the making
of fires on private property.

(p) To regulate or prohibit the running at large and the keep-
ing of animals and fowl and provide for the impounding and con-
fiscation of any such animal or fowl found at large or kept in
violation of such regulations.

(q) To prevent cruelty to and abuse of animals.

(r) To regulate the sale of goods, wares or merchandise at
auction; regulate the conduct of and prescribe the number of pawn
shops and dealers in second-hand goods, wares and merchandise ;
regulate or prohibit the peddling or hawking of any article for sale
on the streets of the city; prevent fraud or deceit in the sale of
goods, wares and merchandise; require the weighing, measuring,
gauging and inspection of goods, wares and merchandise offered
for sale; require weights and measures to be sealed and subject to
inspection; and provide for the appointment of a sealer and one or
more weighmasters who shall perform such duties and functions
as may be prescribed by ordinance.

Section 2.05. Miscellaneous Powers.—The city shall also have
power:

(a) To establish, maintain and operate public employment
bureaus, public markets and public baths,

(b) To establish, maintain and operate, within and without the
city, public hospitals, sanatoria, convalescent homes, clinics and
other public institutions, homes and facilities for the care of the
sick, of children, the aged and the destitute.

(c) To provide care for the poor and have all the powers and
duties conferred and imposed on cities by the laws of the Common-
wealth relating to public assistance.
(d) To establish, own, maintain and operate, within and with-
out the city, cemeteries for the interment of the dead, fix the price
at which graves and lots therein shall be sold, make contracts for
their perpetual care and establish the rates to be charged for the
digging of graves, construction of vaults and other services.

(e) To establish, maintain and operate, within or without the
city, a jail for the confinement of prisoners, ordered or sentenced
to be confined therein, and a jail farm; and compel able-bodied
prisoners confined in the jail to work on such farm, with the
approval of the hustings court of the city of Richmond.

Section 2.06. Enforcement of Regulations—When by the pro-
visions of this charter or the Constitution and general laws of the
Commonwealth the city is authorized to pass ordinances on any
subject, the council may provide suitable penalties for the viola-
tion of any such ordinances, including ordinances effective out-
side the city as provided in this charter. No such penalty
shall exceed a fine of one thousand dollars or imprisonment for
twelve months or both. Upon conviction for violation of any
ordinance the court trying the case may require bond of the
person so convicted with proper security in the penalty of not
more than two thousand dollars, conditioned to keep the peace
and be of good behavior and especially for the period of not
more than one year not to violate the ordinance for the breach
of which he has been convicted. From any fine or imprisonment
imposed an appeal shall lie as in cases of misdemeanor. Whenever
any fine or penalty shall be imposed but not paid the court trying
the case may, unless an appeal be forthwith taken, order the person
convicted to be imprisoned in the city jail for one day for each
three dollars thereof and may issue a writ of fieri facias directed
to the sergeant of the city for the collection of the amount due,
returnable within sixty days from its issuance. The city is hereby
expressly authorized and empowered to institute and maintain a
suit or suits to restrain by injunction the violation of any ordi-
nance legally adopted by it, notwithstanding such ordinance may
provide penalties for its violation.

Section 2.07. Licenses and Permits.—Whenever in the judg-
ment of the council it is advisable in the exercise of any of the
powers of the city or in the enforcement of any ordinance or regula-
tion, it may provide for the issuance of licenses or permits in con-
nection therewith, establish the amount of the fee to be charged the
licensee or permittee and require from the licensee or permittee a
bond and an insurance policy of such character and in such amount
and upon such terms as it may determine.

Section 2.08. Injunctions Against the City—No injunction
shall be awarded by any court or judge to stay the proceedings of
the city or any of its officers, employees or agents in the exercise
of any of their powers unless it be manifest that the city, its
officers, employees or agents are transcending the authority given
the city by this charter and the general laws of the Commonwealth,
and also that the intervention of a court of equity is necessary to
prevent injury that cannot be compensated by damage.

CuHapter 3
ELECTIONS

Section 3.01. Election of Councilmen.—On the second Tuesday
in June 1948 and on the second Tuesday in June in every second
year thereafter there shall be held a general city election at which
shall be elected by the qualified voters of the city at large nine
members of the council for terms of two years from the first day
of July following their election, provided that the council first
elected under this charter shall not take office until the first Tues-
day in September 1948 and that the terms of the members thereof
shall end on the first day of July 1950.

Section 3.02. Nomination of Candidates for Council.—No pri-
mary election shall be held for the nomination of candidates for the
office of councilman, and candidates shall be nominated only by
petition. There shall be printed on the ballots used in the election
of councilmen the names of all candidates who have been nomi-
nated by petition and the filing of a notice of candidacy as provided
herein and no others. The requirements for nomination shall be:

(a) Any qualified voter of the city may be nominated by filing,
not less than sixty days before such election, with the clerk of the
hustings court of the city of Richmond a petition signed by not less
than fifty qualified voters of the city each signature to which has
been witnessed by a person whose affidavit to that effect is attached
thereto, together with a notice of candidacy required by the general
laws of the Commonwealth relating to elections.

(b) The petition shall state the name and street address of
the residence of the person whose name is presented thereby as a
candidate, and the street address of the residence of the persons
signing the same.

Section 3.03. Conduct of General Municipal Election —The
ballots used in the election of councilmen shall be without any
distinguishing mark or symbol. Each qualified voter shall be
entitled to cast one vote for each of as many as nine persons and
no more, In counting the vote any ballot found to have been voted
for more than nine persons shall be void but no ballot shall be void
for having been voted for a less number. The nine candidates
receiving the highest number of votes cast in such election shall
be declared elected. The general laws of the Commonwealth relating
to the conduct of elections, so far as pertinent, shall apply to the
conduct of the general municipal election.

Section 3.04. Vacancies in Office of Councilman.—Vacancies in
the office of councilman, from whatever cause arising, shall be
filled for the unexpired portion of the term by majority vote of the
remaining members of the council or, if the council shall fail to fill
a vacancy in its membership within thirty days of the occurrence
of the vacancy, by appointment by the judge of the hustings court
of the city of Richmond.

Section 3.05. Election of Othes City Officers—All other city
officers required by the laws of the Commonwealth to be elected
by the qualified voters of the city shall be elected on the first
Tuesday following the first Monday in November preceding the
expiration of the terms of office of their respective predecessors, for
such terms as are prescribed by law. All such elective officers shall
be nominated and elected as provided in the general laws of the
Commonwealth. A vacancy in the office of commissioner of revenue
shall be filled by the council by majority vote of all its members
for the unexpired portion of the term. Vacancies in all other elective
offices referred to in this section shall be filled for the unexpired
portion of the term as follows: in the office of clerk of a court by
the court; in the office of sheriff by the circuit court of the city;
in the office of attorney for the Commonwealth, city treasurer or
city sergeant, by the hustings court of the city of Richmond; or
in any of the above cases, by the judge of the designated court in
vacation. The officers so elected or appointed shall. qualify in the
mode prescribed by law and shall continue in office until their
successors are elected and qualified.

CHAPTER 4
COUNCIL

Section 4.01. Composition.—The council shall consist of nine
members elected as provided in chapter 3. They shall receive in full
compensation for their services the sum of one hundred dollars per
month and shall not be entitled to any other allowance of any kind
except that the mayor or vice-mayor when acting as mayor, subject
to the approval of the council, may be allowed his actual expenses
incurred in representing the city. No member of the council shall
during the term for which he was elected and one year thereafter
be appointed to any office of profit under the government of the city.

Section 4.02. Powers.—All powers vested in the city shall be
exercised by the council except as otherwise provided in this
charter. In addition to the foregoing, the council shall have the
following powers:
(a) To provide for the organization, conduct and operation of
all departments, bureaus, divisions, boards, commissions, offices
and agencies of the city.

(b) To create, alter or abolish departments, bureaus, divisions,
boards, commissions, offices and agencies other than those specif-
ically established by this charter.

(c) To create, alter or abolish and to assign and reassign to
departments, all bureaus, divisions, offices and agencies except
where such bureaus, divisions, offices or agencies are specifically
assigned by this charter.

(d) To provide for the nymber, titles, qualifications, powers,
duties and compensation of all officers and employees of the city,
subject in the case of members of the classified service to the
provisions of chapter 9 of this charter.

(e) To provide for the form of oaths and the amount and
condition of surety bonds to be required of certain officers and
employees of the city.

Section 4.03. Mayor.—On the first Tuesday in September 1948,
on the first day of July 1950 and on the first day of July of every
second year thereafter, or if such day shall fall on Sunday then on
the following Monday, the newly elected council, having taken the
oath of office as hereinafter provided, shall proceed to choose by
majority vote of all the members thereof one of their number to be
mayor and one to be vice-mayor for the ensuing two years. The
mayor shall preside over the meetings of the council and shall have
the same right to vote and speak therein as other members, He
shall be recognized as the head of the city government for all
ceremonial purposes, the purposes of military law and the service
of civil process. The vice-mayor shall in the absence or disability
of the mayor perform the duties of mayor, and if a vacancy shall
occur in the office of mayor shall became mayor for the unexpired
portion of the term. In the absence or disability of both the mayor
and vice-mayor the council shall by majority vote of those present
choose one of their number to pertorm the duties of mayor.

Section 4.04. City Clerk —The council shall appoint a city clerk
for an indefinite term. He shall be the clerk of the council, shall
keep the journal of its proceedings and shall record all ordinances
in a book kept for the purpose. He shall be the custodian of the
corporate seal of the city and shall be the officer authorized to use
and authenticate it. All records in his office shall be public records
and open to inspection at any time during regular business hours.
He shall receive compensation to be fixed by the council and all fees
received by him shall be paid into the city treasury. He shall
appoint and remove, subject to the provisions of chapter 9 of this
charter, an assistant city clerk, who shall be authorized to act as
city clerk in the absence or disability of the city clerk, and all
deputies and other employees in his office, and shall have such other
powers and duties as may be prescribed by this charter or by
ordinance.

Section 4.05. Induction of Members.—The first meeting of a
newly elected council shall take place in the council chamber in the
city hall at ten o’clock A.M. on the first day of July following their
election, or if such day shall fall on Sunday then on the following
Monday, provided that the council first elected under this charter
shall hold its first meeting on the first Tuesday in September 1948.
It shall be called to order by the city clerk who shall administer
the oath of office to the duly elected members. In the absence of
the city clerk the meeting may be called to order and the oath
administered by any judicial officer having jurisdiction in the city.
The council shall be the judge of the election and qualifications of
its members but the decision of the council in this matter shall be
subject to review by the hustings court of the city of Richmond.
The first business of the council shall be the election of a mayor
and vice-mayor and the adoption of rules of procedure. Until this
business has been completed the council shall not adjourn for a
period longer than forty-eight hours. .-

Section 4.06. Rules of Procedure—The council shall have
power, subject to the provisions of this charter, to adopt its own
tules of procedure. Such rules shall provide for the time and place
of holding regular meetings of the council which shall be not less
frequently than once in each month. They shall also provide for the
calling of special meetings by the mayor, the city manager or any
three members of the council, and shall prescribe the method of
giving notice thereof, provided that the notice of each special meet-
ing shall contain a statement of the specific item or items of busi-
ness to be transacted and no other business shall be transacted at
such meeting except by the unanimous consent of all the members
of the council.

Section 4.07. Voting—No ordinance, resolution, motion or
vote shall be adopted by the council except at a meeting open to
the public and, except motions to adjourn, to fix the time and place
of adjournment, and other motions of a purely procedural nature,
unless it shall have received the affirmative votes of at least five
members. All voting except on procedural motions shall be by roll
call and the ayes and noes shall be recorded in the journal. No
member of the council shall participate in the vote on any ordi-
nance, resolution, motion or vote in which he, or any person, firm
or corporation for which he is attorney, officer, director, employee
or agent, has a financial interest other than as a minority stock-
holder of a corporation or as a citizen of the city.

Section 4.08. Ordinances, When Required.—In addition to
such acts of the council which are required by the Constitution or
general laws of the Commonwealth or by this charter to be by
ordinance, every act of the council creating, altering or abolishing
any department or creating, altering, assigning or abolishing any
bureau, division, office, agency or employment, fixing the compen-
sation of any officer or employee of the city, making an appropria-
tion, authorizing the borrowing of money, levying a tax, estab-
lishing any rule or regulation for the violation of which a fine or
penalty is imposed, or placing any burden upon or limiting the use
of private property pursuant to chapter 17 of this charter, shall be
by ordinance.

Section 4.09. Form of Ordinances.—Every ordinance except
the annual appropriation ordinances and an ordinance codifying
ordinances shall be confined to a single subject which shall be
clearly expressed in its title. All ordinances shall be introduced in
typewritten or printed form or a combination of both. All ordi-
nances which repeal or amend existing ordinances shall set forth
in full the section or subsection to be repealed or amended and, if
it is to be amended, shall indicate matter to be omitted by enclosing
the same in brackets and new matter by underscoring. When
printed or published prior to enactment the same indications of
omitted and new matter shall be used except that strikeout type
may be substituted for brackets and italics for underscoring. The
enacting clause of all ordinances shall be: “The city of Richmond
hereby ordains”. Unless another date is specified therein and
except as otherwise provided in this charter an ordinance shall
take effect on the tenth day following its passage.

Section 4.10. Procedure for Passing Ordinances——An ordi-
nance may be introduced by any member or committee of the
council or by the city manager at any regular meeting of the council
or at any special meeting when the subject thereof has been
included in the notice for such special meeting or been approved
by the unanimous consent of all the members of the council. Upon
introduction it shall receive its first reading and a time, not less
than seven days after such introduction, and place shall be set at
which the council or a committee thereof will hold a public hearing
on such ordinance, provided that the council may reject any ordi-
nance on first reading without a hearing thereon by vote of six
members. The hearing may be held separately or in connection
with a regular or special meeting of the council and may be
adjourned from time to time. It shall be the duty of the city clerk
to cause to be published in a daily newspaper of general circulation
published in the city, not later than the second day following the
introduction of the ordinance, a notice containing the time and
place of the hearing and the title of the proposed ordinance. It
shall also be his duty, within three working days after the intro-
duction of an ordinance, to cause its full text to be printed or other-
wise reproduced, as the council may by resolution direct, in suf-
ficient numbers to supply copies to those who individually request
them, or, if the council shall so order, to cause the same to be
published as a paid advertisement in a newspaper of general circu-
lation published in the city. It shall further be his duty to place a
copy of the ordinance in a file provided each member of the council
for this purpose. A proposed ordinance, unless it be an emergency
ordinance, shall be read a second time and may be finally passed
at a regular meeting of the council following the introduction of
the ordinance and after the conclusion of the public hearing thereon.
If on its second reading an ordinance, other than an emergency
ordinance, be amended as to its substance it shall not be passed
until it shall be reprinted, reproduced or published as amended and
a hearing shall be set and advertised and all proceedings had as
in the case of a newly introduced ordinance.

Section 4.11. Emergency Ordinances.—An emergency ordi-
nance for the immediate preservation of the public peace, health
and safety may be read a second time and passed with or without
amendment at any regular or special meeting subsequent to the
meeting at which the ordinance was introduced, provided that prior
to its passage the full text of the original ordinance has been
published in a daily newspaper of general circulation published in
the city. An emergency ordinance must contain a specific state-
ment of the emergency claimed and six affirmative votes shall be
necessary for its adoption.

Section 4.12. Submission of Proposition to the Qualified Voters
of the City—The council shall have authority to order, by resolu-
tion directed to the hustings court of the city of Richmond or the
judge thereof in vacation, the submission to the qualified voters
of the city for an advisory referendum thereon any proposed ordi-
nance or amendment to the city charter. Upon the receipt of such
resolution the hustings court of the city of Richmond or the judge
thereof in vacation shall order an election to be held thereon not
less than thirty nor more than sixty days after the receipt of such
resolution. The election shall be conducted and the result thereof
ascertained and determined in the manner provided by law for the
conduct of general elections and by the regular election officials
of the city. Ifa petition requesting the submission of an amendment
to this charter, set forth in such petition, signed by qualified voters
equal in number to ten per cent of the largest number of votes cast
in any general or primary election held in the city during the five
years immediately preceding and verified as hereinafter provided, is
filed with the clerk of the hustings court of the city of Richmond
he shall forthwith certify that fact to the court or the judge thereof
in vacation. The signatures to such petition shall be verified by
attaching thereto a certificate of an officer or officers authorized to
administer oaths, that the persons whose names are signed thereto
made oath before such officer or officers that they are qualified
voters of the city. Upon the certification of such petition the
hustings court of the city of Richmond or the judge thereof in
vacation shall order an election to be held not less than thirty nor
more than sixty days after such certification, in which such pro-
posed amendment shall be submitted to the qualified voters of the
city for their approval or disapproval. Such election shall be con-
ducted and the results thereof ascertained and determined in the
manner provided by law for the conduct of general elections and by
the regular election officials of the city. If a majority of those voting
thereon at such election approve the proposed amendment such
result shall be communicated by the clerk of the hustings court of
the city of Richmond to the two houses of the General Assembly
and to the representatives of the city therein with the same effect
as if the council had adopted a resolution requesting the General
Assembly to adopt the amendment.

Section 4.13. Record and Publication of Ordinances.—Every
ordinance after passage shall be given a serial number and shall
be recorded by the clerk in a properly indexed book kept for that
purpose. Within one year after the first Tuesday in September
1948 there shall be prepared under the direction of the city attorney,
who is hereby authorized to employ such assistance as he deems
necessary for the purpose, a codification of all ordinances in force.
Such codification shall be passed by the council as a single ordi-
nance and without prior publication. Upon its passage it shall be
published in bound or loose-leaf form. This codification, to be
known and cited officially as the city code, shall be furnished to
city officers and shall be sold to the public at a price to be fixed by
the council. A similar codification shall be prepared, passed, pub-
lished and distributed, as above provided, at least every five years.
It shall be the duty of the city clerk to cause all ordinances adopted
to be printed as promptly as possible after their adoption in sub-
stantially the same style and format as the codification of ordi-
nances and sold at such prices as the council may establish.

_ Section 4.14. Appointments and Removals.—The council in
making appointments and removals shall act only by the affirma-
tive votes of at least five members. It may remove. any person
appointed by it for an indefinite term, provided that the person
sought to be removed shall have been served with a written notice
of the intention of the council to remove him, containing a clear
statement of the grounds for such removal and fixing the time and
place, not less than ten days after the service of such notice, at
which he shall be given an opportunity to be heard thereon. After
the hearing, which shall be public at the option of the person sought
to be removed and at which he may be represented by counsel, the
decision of the council shall be final.

Section 4.15. Removal of Councilmen and Members of Boards
and Commissions Appointed by the Council for Specified Terms.—
Any member of the council or any member of a board or commis-
sion, including the school board, appointed by the council for a
specified term may be removed by the council but only for malfeas-
ance in office or neglect of duty. He shall be entitled to notice and
hearing as provided by the preceding section in the case of officers
appointed for indefinite terms. It shall be the duty of the council,
at the request of the person sought to be removed, to subpoena
witnesses whose testimony would be pertinent to the matter in
hand. From the decision of the council an appeal shall lie to the
hustings court of the city of Richmond. Any officer, elective or
appointive, or employee of the city who shall be convicted by a
final judgment of any court from which no appeal has been taken
or which has been affirmed by a court of last resort on a charge
involving moral turpitude shall forfeit his office or employment.

Section 4.16. Power of Investigation—The council shall have
power to investigate any or all of the departments, boards, com-
missions, offices and agencies of the city government, including the
school board, and any officer or employee of the city. The council,
or any of its committees when authorized by the council, the city
manager, the heads of all departments, all boards and commissions
appointed by the council, deputy director of finance, collector of
city taxes, license inspector, budget officer and auditor of municipal
accounts, in any investigation or hearing held by them, within their
respective powers and duties, may order the attendance of any
person as a witness and the production by any person of all relevant
hooks and papers. Any person refusing or failing to obey such order
may be summoned by the judge of the police court to appear before
him and upon failure to give a satisfactory excuse to said judge
may be fined not exceeding the sum of one hundred dollars or
imprisoned not exceeding thirty days or both. Such person shall
have the right of appeal as in cases of misdemeanor to the hustings
court of the city of Richmond. Witnesses may be sworn by the
officer presiding at such investigation and shall be liable to prosecu-
tion for perjury for any false testimony given at such investigation.
Section 5.01. Appointment and Qualifications—There shall be
a city manager who shall be the chief executive officer of the city
and shall be responsible to the council for the proper administration
of the city government. He shall be appointed by the council for an
indefinite term. He shall be chosen solely on the basis of his execu-
tive and administrative qualifications, with special reference to his
actual experience in or knowledge of accepted practice in respect
to the duties of his office. At the time of his appointment he need
not be a resident of the city or the Commonwealth but during his
tenure of office he shall reside within the city.

Section 5.02. Power of Appointment and Removal.—The city
manager shall appoint for an indefinite term and remove, subject to
the provisions of chapter 9 of this charter and except as otherwise
provided in this charter, the heads of all departments and all other
officers and employees of the city; provided that where the council
is given power by this charter to establish a board or commission
for any purpose the council may provide for the appointment of the
members of such board or commission by the city manager or by
the council, and for the appointment by such board or commission

of its employees, and may specify which, if any, of such employees

shall not be included in the classified service. The city manager
shall have power to remove any officer or employee appointed by
him except a member of the classified service, provided that the
officer or employee shall have been served with a written notice of
the intention of the city manager to remove him, containing a clear
statement of the grounds for such removal and of the time and
place, not less than ten days after the service of such notice, at
which he shall be given an opportunity to be heard. After such
hearing, which shall be public at the option of such officer or
employee, the action of the city manager shall be final. Pending
final action, the city manager may suspend from duty for not more
than sixty days any such officer or employee.

Section 5.03. Council Not to Interfere in Appointments or
Removals.—Neither the council nor any of its members shall direct
or request the appointment of any person to or his removal from
any office or employment by the city manager or by any of his
subordinates or in any way take part in the appointment of or
removal of officers and employees of the city except as specifically
provided in this charter. Except for the purpose of inquiry, the
council and its members shall deal with the administrative services
solely through the city manager, and neither the council nor any
member thereof shall give orders either publicly or privately to any
subordinate of the city manager. Any councilman violating the
provisions of this section or voting for a motion, resolution or ordi-
nance in violation of this section shall be guilty of a misdemeanor
and upon conviction thereof shall cease to be a councilman.

Section 5.04. Temporary Transfer of Personnel Between De-
partments.—The city manager shall have power, whenever the
interests of the city require, irrespective of any other provisions
of this charter, to assign employees of any department, bureau,
office or agency, the head of which is appointed by the city man-
ager, to the temporary performance of duties in another department,
bureau, office or agency.

Section 5.05. Duties.—It shall be the duty of the city manager
to: (1) attend all meetings of the council with the right to speak
but not to vote; (b) keep the council advised of the financial condi-
tion and the future needs of the city and of all matters pertaining
to its proper administration, and make such recommendations as
may seem to him desirable; (c) prepare and submit the annual
budget to the council as provided in chapter 6 of this charter and
be responsible for its administration after its adoption; (d) prepare
in suitable form for publication and submit to the council not later
than its first meeting in September of each year a concise, compre-
hensive report of the financial transactions and administrative
activities of the city government during the fiscal year ending on
the preceding thirtieth day of June and cause to be printed such
number of copies thereof as the council shall direct; (e) present
adequate financial and activity reports at each regular meeting of
the council; and (f) perform such other duties as may be prescribed
by this charter or required of him in accordance therewith by the
council or which may be required of the chief executive officer of
a city by the general laws of the Commonwealth other than the
duties conferred on the mayor by this charter.

Section 5.06. Relations with Boards, Commissions and Agen-
cies.—The city manager shall have the right to attend and partici-
pate in the proceedings of, but not to vote in, the meetings of all
boards, commissions or agencies created by this charter or by
ordinance, except the school board, the personnel board, and the
board of zoning appeals.

Section 5.07. Acting City Manager.—The council shall desig-
nate by ordinance the head of one of the departments to act as city
manager in case of the absence, incapacity, death or resignation of
the city manager, until his return to duty or the appointment of
his successor.

Section 5.08. Budget Bureau.—There shall be a budget bureau
the head of which shall be the budget officer who shall be appointed
for an indefinite term by the city manager and be a member of the
classified service. He shall be a person skilled in public administra-
tion and the accepted practices of municipal budgetary procedure.
He shall compile, in cooperation with the department of finance,
the departmental estimates and other data necessary or useful to
the city manager in the preparation of the budgets. He shall exam-
ine from time to time the departments, bureaus, boards, commis-
sions, offices and agencies of the city, in relation to their organiza-
tion, personnel and other requirements; ascertain the manner in
which their respective budgets are carried out and their functions
performed; call the attention of the heads thereof and the city
manager to any improvements or economies which might be made
in their administrative practices; and cooperate with the heads
thereof in the preparation of their budget estimates for the ensuing
year.

Section 5.09. Bureau of Purchasing—There shall be a bureau
of purchasing the head of which shall be the purchasing agent who
shall be appointed for an indefinite term by the city manager and
be a member of the classified service. He shall be a person skilled
in private business purchasing or governmental purchasing, and
property control and accountability. He shall, pursuant to the
provisions of this charter and to such’ rules and regulations con-
sistent therewith as may be established by the council, purchase
for the use of the city and all its departments, bureaus, boards.
commissions, offices, agencies, courts of record, and municipal
courts, hereinafter in this chapter referred to as using agencies, all
supplies, materials, equipment and contractual services, including
insurance and surety bonds, except the following: scientific instru-
ments and equipment, medicines and drugs, legal and scientific
books and periodicals, and printing of legal briefs; manuscripts.
maps. charts, sheet music, phonograph records, books, pamphlets
and periodicals, when ordered by any city public library; such
perishable articles as may be designated in the rules and regula-
tions established by ordinance; and such supplies, materials, equip-
ment and contractual services as may be required by any using
agency in an emergency as defined in the said rules and regulations.
The services of the purchasing agent shall be available to the school
board whenever it wishes to make use thereof.

Section 5.10. Further Powers and Duties of Purchasing Agent.
—The purchasing agent, for the purpose of giving effect to the
provisions of the preceding section, shall have the following powers
and duties:

(a) To establish, with the approval of the city manager and
after consultation with the heads of the using agencies concerned.
and enforce standard specifications for all supplies, materials and
equipment required by the city government except as to the
purchases exempted above.
(b) To prescribe the time of making requisitions for such
supplies, materials and equipment and the future period which said
requisitions are to cover.

(c) To inspect or cause to be inspected all deliveries of such
supplies, materials and equipment, and to cause tests to be made
when necessary in order to determine their quality, quantity and
conformance with specifications.

(d) To supervise and control such central storerooms, work-
shops, garages and repair shops as the council may provide by
ordinance to serve the several using agencies or any of them.

(e) To transfer to or between using agencies, sell or trade-in
supplies, materials and equipment determined by him, with the
approval of the city manager and after consultation with the head
of the using agency concerned, to be surplus, obsolete or unused.

(f) To maintain an adequate system of accounting for all
property received and all property issued by the bureau of purchas-
ing, in accordance with accepted principles of accounting for prop-
erty and inventory control, and to maintain such inventory of all
movable property belonging to the city as may be required by the
council.

(g) To perform such duties with regard to the letting of con-
tracts for public works or improvements as are provided in chapter
12 of this charter and to have such other powers and duties as may
be provided by ordinance.

Section 5.11. Competitive Bidding —Before making a purchase
or contract the purchasing agent shall give opportunity for com-
petitive bidding under such rules and regulations as may be
established by the council. All single purchases or contracts which
shall involve an expenditure of one thousand dollars or less shall,
whenever practicable, be based on three or more competitive bids
which may be informal, and shall be awarded to the lowest respon-
sible bidder, except as hereinafter provided. If any single purchase
or contract involves an expenditure of more than one thousand
dollars it shall be made on the basis of sealed bids after such public
notice as may be prescribed by the council. The city manager, how-
ever, shall have the power in respect of all purchases or contracts
involving an expenditure of ten thousand dollars or less, and the
council in all other cases, to authorize the purchasing agent to
reject any or all bids, to readvertise for bids, or to make the pur-
chase or contract in the open market either after the rejection of
all bids or before competitive bids have been requested. The council
shall further have power in the rules and regulations provided for
in section 5.09 to authorize the purchasing agent, with the approval
of the city manager, to purchase or make contracts for professional
services and for services for which the rate or price is fixed by a
public authority authorized by law to fix rates or prices, without
recourse to competitive bidding. All sales by the purchasing agent
shall be made on the basis of competitive bids after such public
notice as may be prescribed by council and all sales shall be to the
highest responsible bidder. A record of all bids, showing the names
of the bidders and the amounts of the bids and indicating in each
case the successful bidder, together with the originals of all sealed
bids and other documents pertaining to the award of contracts,
shall be preserved by the purchasing agent for six years in a file
which shall be open to public inspection during regular business
hours. No transaction which is essentially a unit shall be divided
for the purpose of evading the intent of this section.

Section 5.12. Accounting Control of Purchasing.—All pur-
chases made and contracts executed by the purchasing agent shall
be pursuant to a written requisition, in such form as may be pre-
scribed by the director of finance, from the head of the using agency
whose appropriation is to be charged or from the head of a bureau
or other operating unit to whom such authority has been delegated
in writing, filed with the purchasing agent, except as provided in
subsection (e) of section 8.03 of this charter, by the head of the
using agency. No purchase order made or contract entered into by
the purchasing agent shall be valid unless there be endorsed
thereon the certificate of the director of finance that there is an
unexpended and unencumbered balance in the appropriation and
allotment applicable thereto. Nothing herein, however, shall be
taken to prevent the purchasing agent from making purchases for a
stores revolving fund which the council is hereby authorized to
establish, and of making sales from the stores to the several using
agencies based on their requisitions, provided the director of finance
certifies that there is an unexpended and unencumbered balance in
the appropriation to be charged.

Section 5.13. Power of Council to Assign Budget Bureau and
Bureau of Purchasing to Department of Finance—The budget
bureau and the bureau of purchasing, or either of them, may, on
the recommendation of the city manager, be assigned by the council
by ordinance to the department of finance, with like effect as if
they had been established in that department by this charter.

CHAPTER 6
BUDGETS

Section 6.01. Fiscal and Tax Years.—The fiscal year of the
city shall begin on the first day of July and shall end on the thirtieth
day of June of the succeeding year. The tax year for taxes levied
on real estate, tangible personal property, machinery and tools and
capitation taxes shall begin on the first day of January and end on
the thirty-first day of December following, and the tax year for all
other taxes shall be fixed by the council by ordinance. The rates
of all taxes and levies, except on new sources of tax revenue, shall
be fixed before the beginning of the tax year.

Section 6.02. Submission of Budgets.—On a day to be fixed by
the council, but in no case later than the first day of May in each
year, the city manager shall submit to the council: (a) separate
current expense budgets for the general operation of the city
government, hereinafter referred to as the general fund budget, for
the public schools and for each utility as defined in chapter 13 of
this charter; (b) a budget message; and (c) a capital budget.

Section 6.03. Preparation of Budgets.—It shall be the duty of
the head of each department, the judges of the municipal courts,
each board or commission, including the school board, and each
other office or agency supported in whole or in part by the city,
including the commissioner of revenue, the city sergeant and
attorney for the Commonwealth, to file with the budget officer,
at such time as the city manager may prescribe, estimates of rev-
enue and expenditure for that department, court, board, commis-
sion, office or agency for the ensuing fiscal year. Such estimates
shall be submitted on the forms furnished by the budget officer
and it shall be the duty of the head of each such department, judge,
board, commission, office or agency to supply all the information
which the city manager may require to be submitted thereon. The
budget officer shall assemble and compile these estimates and in
cooperation with the director of finance supply such additional
information relating to the financial transactions of the city as may
be necessary or valuable to the city manager in the preparation of
the budgets. The city manager shall hold such hearings as he may
deem advisable and with the assistance of the budget officer shall
review the estimates and other data pertinent to the preparation
of the budgets and make such revisions in such estimates as he
may deem proper, subject ‘to the laws of the Commonwealth relat-
ing to obligatory expenditures for any purpose, except that in the
case of the school board he may recommend a revision only in its
total estimated expenditure.

Section 6.04. Scope of the General Fund Budget.—In respect
of each utility there shall be included in the general fund budget
estimates only the net amounts estimated to be received from or
to be appropriated to such utility in the general fund budget as
provided in section 6.13. In respect to the public schools, there shall
be included only the total amount to be appropriated by the city
for their support. The general fund budget shall be prepared in
accordance with accepted principles of municipal accounting and
budgetary procedures and techniques and shall contain: (a) an
estimate of such portion of the general fund cash surplus, if any,
at the end of the current fiscal year as it is proposed to use for
meeting expenditures in the general fund budget; (b) an estimate
of the receipts from current ad valorem taxes on real estate and
tangible personal property during the ensuing fiscal year, assuming
that the proportion of the levy collected be no greater than the
average proportion of the levy collected in the last three completed
tax years; (c) an estimate of receipts from all other sources of:
revenue, provided that the estimated receipts from no such source
shall exceed the amount estimated to be received from such source
in the current fiscal year unless a law or ordinance under which
revenue from any source is derived has been amended or a new
source of revenue has been provided by law or ordinance in the
course of the current year, in which case the estimated receipts
from that source may be fixed by the city manager, but if additional
revenue is to be derived from the State the amount fixed by the city
manager shall not exceed the amount which the proper State official
shall certify in writing to be the reasonable expectation of receipts
from such source; (d) a statement to be furnished by the director
of finance of the debt service requirements for the ensuing year;
(e) an estimate of the general fund cash deficit, if any, at the end
of the current fiscal year and of any other obligations required by
this charter to be budgeted for the ensuing fiscal year; (f) an esti-
mate of expenditures for all other purposes to be met from the
general fund in the ensuing fiscal year. All the estimates shall be in
detail showing receipts by sources and expenditures by operating
units, character and object, so arranged as to show receipts and
expenditures as estimated for the current fiscal year and actual
receipts and expenditures for the last preceding fiscal year in com-
parison with estimated receipts and recommended expenditures for
the ensuing fiscal year.

Section 6.05. A Balanced Budget.—In no event shall the
expenditures recommended by the city manager in the general
fund budget exceed the receipts estimated, taking into account the
estimated cash surplus or deficit at the end of the current fiscal
year, as provided in the preceding section, unless the city manager
shall recommend an increase in the rate of ad valorem taxes on real
estate and tangible personal property or other new or increased
taxes or licenses within the power of the city to levy and collect
in the ensuing fiscal year the receipts from which estimated on the
basis of the average experience with the same or similar taxes
during the three tax years last past, will make up the difference.
If estimated receipts exceed estimated expenditures the city man-
ager may recommend revisions in the tax and license ordinances
of the city in order to bring the general fund budget into balance.
Section 6.06. The Budget Message.—The budget message shall
contain the recommendations of the city manager concerning the
fiscal policy of the city a description of the important features of
the budget plan, an explanation of all salient changes in each
budget submitted, as to estimated receipts and recommended
expenditures as compared with the current fiscal year and the last
preceding fiscal year, and a summary of the proposed budgets
showing comparisons similar to those required by section 6.04
above.

Section 6.07. Appropriation and Additional Tax Ordinances.—
At the same time that he submits the general fund budget the city
manager shall introduce in the council a general fund appropriation
ordinance. The appropriation ordinance shall be based on the gen-
eral fund budget but need not be itemized further than by depart-
ments and the major operating units thereof, and by courts, bureaus,
boards, commissions, offices and agencies submitting separate
budget estimates, and by the principal objects of expenditure. At
the same time the city manager shall also introduce any ordinance
or ordinances altering the tax rate on real estate and tangible
personal property or levying a new tax or altering the rate of any
other tax necessary to balance the general fund budget as herein-
before provided. The hearing on the budget plan as a whole, as
provided in section 6.09, shall constitute the hearing on all ordi-
nances referred to in this section, and the appropriation ordinances
for each utility.

Section 6.08. Availability of Budgets for Inspection and Pub-
lication of the Budget Message.—The city manager shall cause the
budget message to be printed, mimeographed or otherwise repro-
duced for general distribution at the time of its submission to the
council and sufficient copies of the general fund, school and utility
budgets to be made to supply copies to each member of the council
and each daily newspaper of general circulation published in the
city and two copies to be deposited in the office of the city clerk
where they shall be open to public inspection during regular busi-
ness hours.

Section 6.09. Public Hearings.—A public hearing on the budget
plan as a whole shall be held by the council within the time and
after the notice provided for hearings on ordinances by section 4.10
of this charter, except that the notice of such hearing shall be
published in both a morning and an evening daily newspaper of
general circulation published in the city.

Section 6.10. Action by the Council on the General Fund
Budget.—After the conclusion of the public hearing the council
may insert new items of expenditure or may increase, decrease or
strike out items of expenditure in the general fund budget, except
that no item of expenditure for debt service or required to be
included by this charter or other provision of law shall be reduced
or stricken out. The council shall not alter the estimates of receipts
contained in the said budget except to correct omissions or mathe-
matical errors and it shall not cause the total of expenditures as
recommended by the manager to be increased without a public
hearing on such increase, which shall be held not less than three
days after notice thereof by publication in both a morning and an
evening daily newspaper of general circulation published in the
city. The council shall in no event adopt a general fund budget in
which the total of expenditures exceeds the receipts, estimated as
provided in section 6.04, unless at the same time it adopts measures
for providing additional revenue in the ensuing fiscal year, esti-
mated as provided in section 6.05, sufficient to make up this
difference.

Section 6,11. Adoption of the General Fund Budget.—Not
later than the twenty-eighth day following the submission of the
budgets by the city manager and in no event later than the twenty-
ninth day of May the council shall adopt the general fund budget,
the general fund appropriation ordinance and such ordinances
providing for additional revenue as may be necessary to put the
budget in balance. If for any reason the council fails to adopt the
general fund budget on or before such day the general fund budget
as submitted by the city manager shall be the general fund budget
for the ensuing year and the appropriation ordinance and the ordi-
nances providing additional revenue, if any, as recommended by
the city manager shall have full force and effect to the same extent
as if the same had been adopted by the council, notwithstanding
anything to the contrary in this charter.

Section 6.12. Effective Date of General Fund Budget; Cer-
tification; Copies Made Available—Upon final adoption, the gen-
eral fund budget shall be in effect for the ensuing fiscal year. A
copy of such budget as finally adopted shall be certified by the city
manager and city clerk and filed in the office of the director of
finance. The general fund budget so certified shall be printed,
mimeographed or otherwise reproduced and sufficient copies thereof
shall be made available for the use of all departments, courts,
boards, commissions, offices and agencies and for the use of inter-
ested persons and organizations.

Section 6.13. Utility Budgets—-Separate budget estimates for
each of the utilities as defined in chapter 13 of this charter shall be
submitted to the budget officer at the same time as the budgets of
other departments and in the form prescribed by the city manager,
subject, however, to the provisions of chapter 13 which shall also
control the action ‘of the city manager and council thereon. Esti-
mated receipts shall take account of (a) any estimated balance of
net income from the current fiscal year as determined in accordance
with subsection (d) of section 13.06 of this charter not anticipated
to be transferred to the general fund or a renewal fund; (b) the
effect of any change in rates made during the current fiscal year
or contained in any rate ordinance submitted with such budget;
and (c) any appropriation to make up an estimated deficit in utility
operations for the ensuing fiscal year contained in the general fund
budget. The city manager shall submit with the budget of each
utility an ordinance making appropriations for the operation of
such utility during the ensuing fiscal year, which need not be
itemized further than by principal objects of expenditure. He shall
also at the same time submit any ordinance changing the rates to
be charged by the utility, used in estimating receipts. The council
shall have the same powers and be subject to the same limitations
with regard to the adoption of such utility budgets and accompany-
ing appropriation and rate ordinances, subject to the provisions of
the said chapter 13, as are conferred or imposed on it by section
6.10 with regard to the general fund budget and its accompanying
appropriation and revenue ordinances. If for any reason the council
fails to adopt the utility budgets or any of them before the expira-
tion of the time set for the adoption of the general fund budget such
budget or budgets and the accompanying appropriation ordinance
or ordinances and the ordinances changing rates, if any, shall have
full force and effect to the same extent as if the same had been
adopted by the council, notwithstanding anything to the contrary
in this charter. When such utility budgets and accompanying
appropriation ordinances are adopted or became effective because
of the council’s failure to act thereon they shall be certified to the
director of finance with like effect as in the case of the general
fund budget and its appropriation ordinance.

Section 6.14. School Budget.—It shall be the duty of the school
board to submit its budget estimates to the budget officer at the
same time as other departments and in the form prescribed by the
city manager. The action of the city manager and council on the
school budget shall relate to its total only and the school board
shall have authority to expend in its discretion the sum appro-
priated for its use, provided that if it receives an appropriation
greater or less than its original request it shall forthwith revise its
estimates of expenditure and adopt appropriations in accordance
therewith. The school board shall before the beginning of the fiscal
year file with the director of finance its budget as finally revised
and its appropriations based thereon which need not be itemized
further than by operating units and principal objects of expendi-
ture. It shall have power to order during the course of the fiscal
year transfers from one item of appropriation to another, notice of
which shall be immediately transmitted to the director of finance.
The director of finance shall have the same authority to require
expenditures to be made by school officers in accordance with the
school budget as he is given by this charter to require expenditures
by other city officers to be made in accordance with the general
fund or utility budgets.

Section 6.15. Work Plan and Allotments.—After the current
expense budgets have been adopted and before the beginning of the
fiscal year the head of each department, the judges of the municipal
courts, and each board, commission, office and agency shall submit
to the city manager in such form as he shall prescribe a work
program which shall show the requested allotments of the appro-
priations for such department, court, board, commission, office or
agency for the entire fiscal year by monthly or quarterly periods
as the city manager may direct. Before the beginning of the fiscal
year the city manager shall approve, with such amendments as he
shall determine, the allotments for each such department, court,
board, commission, office or agency and shall file the same with the
director of finance who shall not authorize any expenditure to be
made from any appropriation except on the basis of approved allot-
ments, providing that such allotments shall be in conformity with
the salaries established by ordinance and the laws of the Common-
wealth relating to obligatory expenditures for any purpose. The
aggregate of such allotments shall not exceed the total appropria-
tion available to each such department, court, board, commission,
office or agency for the fiscal year. An approved allotment may be
revised during the fiscal year in the same manner as the original
allotment was made. If at any time during the fiscal year the city
manager shall ascertain that the revenue cash receipts of the gen-
eral fund or any utility for the year, plus any cash surplus available
from the preceding year, will be less than the total appropriations
to be met from such receipts, he shall reconsider the work programs
and allotments of the departments, courts, boards, commissions,
offices and agencies, and, subject to the laws of the Commonwealth
relating to obligatory expenditures for any purpose, revise the
allotments so as to forestall the incurring of a deficit, provided,
however, that there shall be no reduction in salaries except by ordi-
nance. Allotments based on the appropriations made by the school
board shall be filed by the school board with the director of finance
before the beginning of the fiscal year, which shall be subject to
revision from time to time by the school board. No expenditure
from school funds shall be authorized by the director of finance
except in accordance with such allotments.
Section 6.16. Transfers of Appropriations.—The city manager
may at any time authorize, at the request of any department, court,
board, commission, office or agency, the transfer of any unencum-
bered balance or portion thereof in any general fund or utility
appropriation from one classification of expenditure to another
within the same department, court, board, commission, office or
agency, provided that for this purpose the water, gas and electric
utilities shall be deemed to be separate departments. At the request
of the city manager but only within the last three months of the
fiscal year the council may by resolution transfer any unencum-
bered balance or portion thereof in any general fund appropriation
from one department, court, board, commission, office or agency
to another.

Section 6.17. Additional Appropriations——An appropriation in
addition to those contained in the general fund appropriation ordi-
nance, except for the purpose of meeting a public emergency as
provided in subsection (d) of section 2.02 of this charter, may be
made by the council, by not less than six affirmative votes, only on
the recommendation of the city manager and only if the director
of finance certifies in writing that there is available in the general
fund a sum unencumbered and unappropriated sufficient to meet
such appropriation. Additional appropriations may be made by the
council, by not less than six affirmative votes, from the funds of
any utility for the operation of that utility, and by the school
board, by not less than three affirmative votes, from school funds
for school purposes, but only if the director of finance certifies in
writing that there is available in the funds of the utility or school
board, as the case may be, a sum unencumbered and unappropriated
sufficient to meet such appropriation.

Section 6.18. Appropriations to Lapse—Any portion of an
annual appropriation remaining unexpended and unencumbered at
the close of the fiscal year shall lapse, except that any balance
remaining in the funds of the school board at the end of the fiscal
year shall remain to the credit of that board and an estimate of any
such balance shall be included in the school budget of the ensuing
year as an estimated receipt.

Section 6.19. Capital Budget—At the same time that he sub-
mits the current expense budgets the city manager shall submit to
the council a program previously acted upon by the city planning
commission, as provided in chapter 17 of this charter, of proposed
capital improvement projects, as defined in section 7.02 of this
charter, for the ensuing fiscal year and for the four fiscal years
thereafter, with his recommendations as to the means of financing
the improvements proposed for the ensuing fiscal year. The council
shall have power to accept with or without amendments or reject
the proposed program and proposed means of financing for the
ensuing fiscal year but, except in the case of emergency as provided
in subsection (d) of section 2.02 of this charter, the council shall
not authorize any capital improvement project or make any appro-
priation therefor unless the appropriation for such project is
included in the capital budget as adopted by it. The council shall
take final action on the capital budget not later than the twenty-
eighth day after the date prescribed for the adoption of the general
fund budget. No appropriation for a capital improvement project
contained in the capital budget shall lapse until the purpose for
which the appropriation was made shall have been accomplished or
abandoned, provided that any project shall be deemed to have been
abandoned if three fiscal years elapse without any expenditure
from or encumbrance of the appropriation therefor. Any such lapsed
appropriation shall be applied to the payment of any indebtedness
incurred in financing the project concerned and if there be no such
le shall be available for appropriation in the next capital
udget.

ection 6.20. Certification of Funds, Penalties for Violation.—

No payment shall be made and no obligation incurred by or on
behalf of the city or the school board except in accordance with an
appropriation duly made and no payment shall be made from or
obligation incurred against any allotment or appropriation unless
the director. of finance shall first certify that there is a sufficient
unexpended and unencumbered balance in such allotment or appro-
priation to meet the same; provided that nothing herein shall be
taken to prevent the advance authorization of expenditures for
small purchases as provided in subsection (e) of section 8.03 of
this charter. Every expenditure or obligation authorized or incurred
in violation of the provisions of this charter shall be void. Every
payment made in violation of the provisions of this charter shall be
deemed illegal and every official who shall knowingly authorize or
make such payment or knowingly take part therein and every
person who shall knowingly receive such payment or any part
thereof shall be jointly and severally liable to the city for the full
amount so paid or received. If any officer, member of a board or
commission, or employee of the city or of the school board, shall
knowingly incur any obligation or shall authorize or make any
expenditure in violation of the provisions of this charter or know-
ingly take part therein such action shall be cause for his removal.
Section 6.21. Reserve for Permanent Public Improvements.—
The council may by ordinance establish a reserve fund for perma-
nent public improvements and may appropriate thereto any portion
of the general fund cash surplus not otherwise appropriated at the
close of any fiscal year. It may likewise assign to the said fund a
specified portion of the ad valorem tax on real estate and tangible
personal property not to exceed ten cents on the hundred dollars
of the assessed valuation thereof or the whole or part of the
proceeds of any other tax. Appropriations from the said fund shall
be made only to finance improvements included in the capital
budget.

CHAPTER 7
BORROWING

Section 7.01. Borrowing Power.—The city council may, in the
name and for the use of the city, incur indebtedness by issuing its
negotiable bonds or notes for the purposes, in the manner and to
the extent provided in this chapter.

Section 7.02. Purposes for Which Bonds or Notes May Be
Issued.

(a) To finance capital projects—Bonds, and notes in anticipa-
tion of bonds when the issue of bonds has been authorized as here-
inafter provided, may be issued for the purpose of financing the
whole or any part of the cost of any capital improvement project
which is hereby defined to include: (1) any public improvement
or utility which the city is authorized to undertake, including the
acquisition of any property, real or personal, incident thereto, the
construction or reconstruction in whole or in part of any building,
plant, structure or facility necessary or useful in carrying out the
powers of the city, and the equipment or re-equipment of the same;
(2) the provision of a revolving fund of not more than five hundred
thousand dollars for the establishment of a pool of automobiles,
trucks and other automotive and movable equipment, provided that
the council shall first establish by ordinance such conditions under
which the respective departments, courts, bureaus, boards, commis-
sions, offices and agencies of the city shall have the use of such
equipment as will recoup the said fund within the estimated life of
each class and type of such equipment.

(b) To anticipate the collection of revenue—Notes may be
issued, when authorized by the council, at any time during the fiscal
year in anticipation of the collection of revenue of such year.

(c) To provide for emergency expenditures—Notes may be
issued to finance an appropriation for the purpose of meeting a
public emergency, as provided in subsection (d) of section 2.02 of
this charter, when authorized by the ordinance making such appro-
priation. Notes so issued shall be authenticated by the signature of
the director of finance and shall mature not later than twelve
months after the date of issue. Bonds may be issued, when author-
ized as hereinafter provided, for the purpose of funding such notes
or other obligations incurred in accordance with such appro-
priation.

(d) To refund outstanding bonds.—Bonds may be issued,
when authorized as hereinafter provided, for the purpose of refund-
ing existing bonds, provided that the director of finance shall
certify in writing that such refunding is necessary to prevent
default on the interest or principal of the city’s outstanding bonds
or in the case of callable bonds to secure a lower rate of interest.

Section 7.03. Limitations on Indebtedness.—In the issuance of
bonds and notes the city shall be subject to the limitations as
to amount contained in section 127 of the Constitution of the
Commonwealth.

Section 7.04. Notes in Anticipation of Bonds and Revenue.—
Whenever an issue of bonds for any capital improvement project
has been authorized as hereinafter provided the director of finance,
when authorized by ordinance, shall have power to issue notes of
the city in anticipation of such bonds, for the purpose of defraying
the whole or any part of the cost of such project. Such notes in
anticipation of bonds shall be authenticated by the signature of
the director of finance and shall mature not later than twelve
months after the date of issue. They shall be paid at maturity from
the proceeds of the sale of the bonds in anticipation of which they
have been issued. Notes in anticipation of revenue shall be author-
ized by the council by ordinance. They shall be authenticated by
the signature of the director of finance and shall mature not later
than twelve months after the date of issue. If not paid at maturity
the amount of such unpaid notes shall be included as an appropria-
tion in the general fund budget for the ensuing fiscal year.

Section 7.05. Form and Term of Bonds.—All beans shall be in
serial form payable, as consecutively numbered, in annual install-
ments the first of which shall be payable not more than one year
from the date of issue of such bonds and no such installment shall
be more than five per cent in excess of the smallest previous install-
ment. Bonds shall be authenticated by the seal of the city and by
the signatures of the city manager and director of finance. All
bonds shall be made payable within the probable life of the improve-
ment or undertaking on account of which they are to be issued or,
if the bonds are to be issued for several improvements or under-
takings, within the average probable life of such improvements or
undertakings. In the case of a bond issue for several improve-
ments or undertakings having different probable periods of useful-
ness the council shall determine the average of said periods, taking
into consideration the amount of bonds to be issued on account of
each purpose, and the period so determined shall be the average
period of usefulness. The determination of the council as to the
probable life of any such improvement or undertaking shall be
conclusive. Except as otherwise provided in this charter no bonds
shall be payable more than thirty years after their date of issuance.

Section 7.06. Issuance of Bonds, How Authorized.—The pro-
cedure for the passage of an ordinance authorizing the issuance of
bonds shall be the same as for the passage of any other ordinance,
except that no such ordinance shall be passed as an emergency
ordinance and that six affirmative votes shall be necessary for its
adoption. No ordinance authorizing a bond issue shall take effect
until the thirty-first day after its publication as hereinafter pro-
vided. Within three days after the passage of a bond ordinance the
city clerk shall cause the same to be published once in a daily
newspaper of general circulation published in the city together
with a notice in substantially the following form:

NOTICE

The bond ordinance published herewith has been finally passed and
the thirty day period of limitation within which a suit, action or
proceeding questioning the validity of such ordinance can be com-
menced as provided in the city charter has begun to run from the
date of this publication.

(SIGE): se cecsnencsveceespseenseveneseneseacenscers vac spemeceteenuceaess
City Clerk

Section 7.07. Optional Referendum on Bond Ordinances.—If
prior to such thirty-first day a petition, signed and verified as
herein provided, requesting the submission of the bond ordinance
to the qualified voters of the city, shall be filed with the clerk of
the hustings court of the city of Richmond, such ordinance shall
be so submitted at an election called for the purpose and shall not
take effect until the result of such election has been ascertained
and determined. The provisions of section 4.12 of this charter’ as
to the qualifications of the persons who sign the petition, the
number of signatures to be required, the verification thereof, the
filing of the petition, the calling and conduct of the election and
the ascertainment and determination of the results thereof, shall
apply equally to the petition and election provided for in this
section. If a majority of those voting thereon at such election shall
approve the ordinance it shall take effect immediately and if not
it shall be void.

Section 7.08. Procedure for Sale of Bonds and Notes.—All
bonds issued under this charter shall be sold at public sale upon
sealed proposals after at least ten days’ notice published at least
once in a publication carrying municipal bond notices and devoted
primarily to financial news or to the subject of state and municipal
bonds, published in the city of New York, New York, and at least
ten days’ notice published at least once in a daily newspaper of
general circulation published in the city of Richmond. The terms
of the sale of bonds shall be approved by the council by resolution.
Notes in anticipation of bonds, in anticipation of revenue, or to
provide for emergency expenditures, when authorized by the
council, may be sold by the director of finance, with the approval
of the city manager, at private sale without prior public offering.

Section 7.09. Contents of the Bond Ordinance.—An ordinance
authorizing the issuance of bonds shall include a statement of the
purpose or purposes of the issue and if the purpose is to finance
one or more capital improvement projects it shall describe each of
them sufficiently for purposes of identification, and shall estimate
the cost of the project or projects and the portion thereof to be
defrayed from sources, specifying them, other than the proposed
bond issue. The bond ordinance shall also include the amount of
the proposed issue, a statement showing the proposed issue to be
within the limitation of indebtedness as provided in section 7.03,
the probable life of the purpose or the average probable life of the
purposes to be financed as determined by the council, the date of
issue, the dates of the first and last serial maturities, the dates on
which interest shall be paid, a declaration that principal of and
interest on the proposed issue are to be paid from ad valorem taxes
on real estate and tangible personal property and that the full faith
and credit of the city are pledged to such payment, and the pro-
cedure for the sale of the proposed issue. All other matters relating
to the authorization, issuance or sale of the bonds or notes may be
provided by resolution.

Section 7.10. Short Period of Limitation—When thirty days
shall have elapsed from the date of publication of a bond ordinance
or, in the case of a bond ordinance subjected to referendum, from
approval of the same by the voters as provided in this chapter,
(a) any recitals or statements of fact contained in such bond
ordinance or in the preambles or recitals thereof shall be deemed
to be true for the purpose of determining the validity of the bonds
thereby authorized and the city and all other parties interested
shall forever thereafter be estopped from denying the same, (b)
such bond ordinance shall be conclusively presumed to have been
duly and regularly passed by the city and to comply with the
provisions of this charter and all laws, and (c) the validity of such
bond ordinance shall not thereafter be questioned by either a party
plaintiff or a party defendant except in a suit, action or proceeding
commenced prior to the expiration of such thirty days.

Section 7.11. Payment of Bonds and Notes—The power and
obligation of the city to pay any and all bonds and notes hereafter
issued by it pursuant to this charter, except revenue bonds as
provided in section 7.13, shall be unlimited and the city shall levy
ad valorem taxes upon all taxable property within the city for the
payment of such bonds or notes and interest thereon, without
limitation of rate or amount. The faith and credit of the city are
hereby pledged for the payment of the principal of and the interest
on all bonds and notes of the city hereafter issued pursuant to this
chapter, except revenue bonds as provided in section 7.13, whether
or not such pledge be stated in the bonds or notes or in the bond
ordinance authorizing their issuance.

Section 7.12. Sinking Fund.—There shall be a sinking fund for
the amortization of the outstanding term bonds of the city. It shall
consist of the cash and securities in the sinking fund at the effective
date of this charter, the sums hereinafter required to be paid into
such fund and the interest earned on investments. There shall be
paid into the sinking fund annually the sum determined by the
director of finance, and by him certified to the city manager for
inclusion in the budget, to be necessary on actuarial principles to
amortize such term bonds at maturity. The sinking fund may be
invested only in bonds or other direct obligations of the city, the
Commonwealth, or the United States. The management of the
sinking fund from the effective date of this charter shall be
entrusted to a board of sinking fund commissioners which shall
consist of the director of finance and two qualified voters of the
city skilled and experienced in banking and investment who shall
be appointed by the council for terms of four years, provided that
of those first appointed one shall serve for two years and one for
four vears from the first Tuesday in September 1948. Vacancies
shall be filled by the council for the unexpired portion of the term.

Section 7.13. Revenue Bonds.—In addition to the authority to
issue bonds otherwise provided in this chapter the council may, in
the manner provided for the issuance of other bonds and subject to
the limitations of this chapter except that the faith and credit of the
city need not be pledged to their payment and except as hereinafter
provided, authorize the issuance of revenue bonds to be secured by
mortgage upon the property of the city devoted to the use of a
revenue producing utility, project or enterprise and the interest and
principal of which is to be paid exclusively from the revenues of
such utility, project or enterprise; provided that such issue need
not be limited to a term of thirty years.
Section 8.01. Department of Finance.—There shall be a depart-
ment of finance which shall include bureaus of accounting and
control, collection, license inspection and such other bureaus, divi-
sions and units as may be provided by ordinance or by orders of
the director of finance consistent therewith.

Section 8.02. Director of Finance—Qualifications—The head
of the department of finance shall be known as the director of
finance. He shall be a person skilled in municipal accounting and
financial control.

Section 8.03. Director of Finance—Powers and Duties.—The
director of finance shall have general management and control of
the several bureaus, divisions and other units of the department.
He shall appoint and remove, subject to the provisions of chapter 9
of this charter, all officers and employees of the department and
shall have power to make rules and regulations consistent with this
charter and the ordinances of the city for the conduct of its busi-
ness. He shall have charge, subject to the direction and control
of the city manager, of the administration of the financial affairs
of the city and to that end shall have authority and be required to:

(a) Cooperate with the city manager and budget officer in
compiling estimates for the current expense and capital budgets.

(b) Supervise and control all encumbrances, expenditures
and disbursements to insure that budget appropriations are not
exceeded.

(c) Prescribe the form of receipts, vouchers, bills or claims to
be used and of accounts to be kept by all departments, courts,
boards, commissions, offices and agencies of the city, including the
school board except for such accounts as are kept by employees of
the school board; provided that in so doing he shall consult with
the auditor of municipal accounts to whom shall be entrusted the
installation of systems of accounts and the provision of instructions
for their use.

(d) Require daily, or at such other intervals as he may deem
expedient, a report of receipts from each of such departments,
courts, boards, commissions, offices and agencies, including the
school board, and prescribe the times at and the manner in which
moneys received by them shall be paid to the office of the director
of finance or deposited in a city bank account under his control.

(e) Examine all contracts, purchase orders and other docu-
ments, except bonds and notes authorized as provided in Chapter 7,
which create financial obligations against the city or the school
board, and approve the same only upon ascertaining that money
has been appropriated and allotted therefor and that an unexpended
and unencumbered balance is available in such appropriation and
allotment to meet the same, provided that the director of finance
may give advance authorization for the expenditure from any
appropriation for the purchase of supplies, materials or equipment
of such sum, within the current allotment of such appropriation, as
he may deem necessary during a period of not to exceed three
months for the purchase of items not to exceed in cost twenty-five
dollars for any one item, and immediately encumber such appropria-
tion with the amount of such advance authorization, and thereafter,
within the period specified, purchase orders for such items, to an
aggregate not exceeding such authorization, shall be valid without
the prior approval of the director of finance endorsed thereon, but
each such purchase order shall be charged against such authoriza-
tion and no such purchase order, which together with all such
purchase orders previously charged within the period specified shall
exceed the amount of such authorization, shall be valid.

(f) Have custody of all funds belonging to the city and the
school board and deposit all funds coming into his hands to the
account of the city or the school board, as the case may be, in such
banks as may be designated for the purpose by the council and the
school board, respectively, subject to the laws of the Common-
wealth applicable to the -city and school board relative to the
deposit of public funds.

(g) Audit before payment, for legality and correctness, all
accounts, claims and demands against the city, and no money shall
be drawn from any bank account of the city or school board except
by warrant or check, signed by the director of finance, based upon
a voucher duly approved by him as above provided.

(h) Have custody of all investments and invested funds of the
city or in its possession in a fiduciary capacity, unless otherwise
provided by this charter or by law, ordinance or the terms of any
trust, and the safekeeping of all bonds and notes of the city and
the receipt and delivery of city bonds and notes for transfer,
registration and exchange.

(i) Submit to the city manager for presentation to the council
and to the superintendent of schools for presentation to the school
board, not later than the tenth day of each month, a statement
concerning the financial transactions of the city and each utility
and of the school board, respectively, prepared in accordance with
accepted principles of municipal accounting and budgetary pro-
cedure, and showing: (1) the amount of each appropriation with
transfers to and from the same, the allotments thereof to the
end of the preceding month, the encumbrances and expenditures
charged against such appropriation and the allotments thereof
during the preceding month, the total of such charges for the fiscal
year to the end of the preceding month, and the unencumbered
balance remaining in such appropriation and the allotments thereof;
(2) the revenue estimated to be received from each source, the
actual receipts from each source for the preceding month, the total
receipts from each source for the fiscal year to the end of the
preceding month, and the balance remaining to be collected.

(j) Furnish to the head of each department, court, board,
commission, office and agency of the city a copy of that portion of
the statement relating to such department, court, board, commis-
sion, office or agency.

(k) Prepare and submit to the city manager at the end of each
fiscal year, for the preceding year, a complete financial statement
and report of the financial transactions of the city, and to the
school board a complete financial statement and report of the
financial transactions of the school board.

(1) Designate, with the approval of the city manager, an
employee of the department of finance as deputy director of finance
who during the temporary absence or incapacity of the director
of finance shall have and perform all the powers and duties con-
ferred or imposed upon the director of finance.

(m) Authorize the deputy director of finance and such other
employees as he may deem necessary, and under such rules and
regulations as he may establish, to affix his signature to checks and
other documents.

(n) Protect the interests of the city by withholding the pay-
ment of any claim or demand by any person, firm or corporation
against the city until any indebtedness or other liability due from
such person, firm or corporation shall first have -been settled and
adjusted.

Section 8.04. Bureau of Accounting and Control.—There shall
be a bureau of accounting and control of which the director of
finance shall act as the head unless and until the council shall
authorize by ordinance the director of finance to appoint another
head. It shall be the duty of this bureau to maintain a general
accounting system for the city government and each of its depart-
ments, courts, boards, commissions, offices and agencies, including
the school board, in conformity with the best recognized practices
in governmental accounting; and encumber each item of appro-
priation and the allotments thereof with the amount of each pur-
chase order, pay roll or contract approved by the director of finance
immediately upon such approval, including each advance authoriza-
tion as provided in subsection (e) of section 8.03.

Section 8.05. Bureau of Collection—There shall be a bureau
of collection the head of which shall be the collector of city taxes.
It shalt be the duty of the collector of city taxes to collect and
receive all moneys due the city for taxes whether current or delin-
quent, assessments or fees or charges of every kind except charges
for the use of water, gas and electricity, and except as otherwise
provided by this charter or the general laws of the Commonwealth
as the same may relate to the city. In so doing he shall have power
to employ any procedure that is now or may hereafter be prescribed
by law for the collection of State taxes or local taxes. There shall
be a lien, which shall have precedence over any other lien or
encumbrance thereon, 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 are assessed, including
penalties and interest on such taxes, which may be enforced by
the collector of city taxes on behalf of the city in any manner
provided by law. All goods and chattels wheresoever found may
be distrained and sold for taxes, interest and penalties assessed and
due thereon and for taxes, interest and penalties assessed against
the owner thereof, and no deed of trust or mortgage upon goods or
chattels shall prevent the same from being distrained and sold for
taxes or levies assessed against the grantor in such deed while such
goods and chattels remain in the grantor’s possession ; nor shall any
such deed prevent the goods and chattels conveyed from being
distrained and sold for taxes or levies assessed thereon, no matter
in whose possession they may be found.

Section 8.06. Sale of Property for Taxes——The council may
require real estate in the city, delinquent for the nonpayment of
taxes, to be sold for said taxes, with interest at the rate of six per
cent per annum, and such percentage as it may prescribe for
charges. Such real estate shall be sold and may be redeemed as
hereinafter provided.

(a) The collector of city taxes shall, under the direction of the
council, cause a notice of the time and place of such sale to be
published in a daily newspaper of general circulation published in
the city, at least ten days previous to such sale; and he shall also
cause to be published in such a newspaper once, not less than ten
nor more than twenty days previous to such sale, a list of the
several parcels of real estate so to be sold in the same manner as
such real estate is described in the assessment rolls in which such
tax or assessment is imposed thereon, together with the names of
the persons to whom each parcel is assessed, and the amount of
the tax or assessment thereon.

(b) If such tax or assessment, and the percentage, interest
and expenses aforesaid, be not paid prior to the day for which the
sale was advertised, or on any day thereafter to which said sale
may be adjourned, the collector of city taxes shall proceed to sell
accordingly the said parcels of real estate, or so much thereof as
may be necessary, to the highest bidder; and the sale may be
adjourned from day to day until it shall be completed. Upon such
sale the collector of city taxes shall execute to the purchaser a
certificate of sale describing the property purchased and specifying
the aggregate amount of the tax or assessment thereon, with
interest, charges and expenses; but the collector of city taxes shall
not, for himself, either directly or indirectly, purchase any real
estate so sold.

(c) If at any such sale no bid shall be made for any such real
estate, or such bid shall not be equal to the tax or assessment, with
interest, charges and expenses, then such real estate shall be struck
off to the city. As soon as practicable thereafter, the collector of
city taxes shall prepare a statement of sales made to the city, in
which the real estate so sold shall be described, and the aggregate
amount of tax or assessment with interest, charges and expenses
specified, and shall deposit such statement with the director of

nance.

(d) The owner of any real estate so sold, his heirs or assigns,
or any person having a right to charge such real estate for a debt,
or any person having interest in such real estate by way of rever-
sion, remainder or otherwise, may redeem the real estate by pay-
ment to the purchaser, his heirs or assigns, within two years from
the sale thereof, the amount for which it was sold, and such addi-
tional taxes thereon as may have been paid by the purchaser, his
heirs or assigns, with interest on the purchase money at the rate of
six per cent per annum from the time such money may have been
paid, or, if purchased by the city, with such additional sums as
would have accrued for taxes thereon if it had not been purchased
for the city, with interest on the purchase money and taxes at the
rate of six per cent per annum from the time that they may have
been so paid; or the payments hereinabove prescribed may be made
within the said two years to the collector of city taxes in any case
in which the purchaser, his heirs or assigns, may refuse to receive
such payments, or may not reside or cannot be found in the city.

(e) Any infant, insane person, or person imprisoned, whose
real estate may have been sold, or his heirs, may redeem the same
by paying to the purchaser, his heirs or assigns, within two years
after the removal of the disability, the amount for which such real
estate was sold, with the necessary charges incurred by the pur-
chaser, his heirs or assigns, in obtaining the title under the sale, and
such additional taxes on the real estate as may have been paid by
the purchaser, his heirs or assigns, and the appraised value of any
improvement that may have been made thereon, with interest on
the said items at the rate of six per cent per annum from the time
they may have been paid. Upon such payment within two years
after the removal of such disability, the purchaser, his heirs or
assigns, shall, at the cost of the original owners, his heirs or assigns,
convey to him or them, by deed with special warranty, the real
estate sold.

(f) The purchaser of any real estate, sold for taxes and not
redeemed, shall, after the expiration of two years from the sale,
obtain from the director of finance a deed conveying such real
estate, wherein shall be set forth what appears in his office in
relation to the sale. In no case shall a deed to any such real estate
be made to any such purchaser until after he has given to the
person in whose name the real estate stood at the time of said sale
and to the person to whom said real estate has been conveyed of
record subsequent to the time of such sale, or if any of said persons
be dead, then to his or their personal representatives and heirs or
devisees, and to the trustees, mortgagees and beneficiaries, as
shown by the records in any deed of trust or mortgage on said real
estate, or their personal representatives, four months’ written
notice of his said purchase; provided that no notice need be given
to any trustee, mortgagee or beneficiary in any deed of trust or
mortgage which has been recorded, or the lien thereon renewed,
more than twenty years prior to the date of such sale; and the
person entitled to redeem the said real estate shall have such right
of redemption at any time before the expiration of said four months,
although such time extend beyond the two years mentioned herein.
When the purchaser has assigned the benefit of his purchase, the
deed may, with his assent, evidenced by his joining therein, or by
writing annexed thereto, be executed to his assignee. If the pur-
chaser shall have died his heirs or assigns may move the hustings
court of the city of Richmond to order the director of finance to
execute a deed to such heirs or assigns.

(g) When the purchaser of any real estate sold for taxes, his
heirs or assigns, shall have obtained a deed therefor, and within
sixty days from the date of such deed shall have caused the same
to be recorded, a fee simple estate shall stand vested in the grantee
in such deed at the commencement of the year for which the said
taxes were assessed, subject to be defeated only by proof that the
taxes for which said real estate was sold were not chargeable
thereon, or that the taxes properly chargeable on such real estate
have been paid. And if it be alleged that the taxes, for the nonpay-
ment of which sale was made, were not in arrears, the party making
such allegations must establish the truth thereof by proving that the
taxes were paid; but nothing in this section shall be construed to
affect or impair the lien of the city on the real estate and on each
and every interest therein, or affect, limit or impair the right of
the city, when it becomes a purchaser of real estate under the next
succeeding section.
(h) In case that any real estate, struck off to the city as here-
inbefore provided, shall not be redeemed within the time specified,
the director of finance may, at the direction of the council, within
sixty days after the expiration of two years from the sale, cause
to be recorded in the clerk’s office of the chancery court, and as
to such property as shall lie on the south side of the James River
shall cause to be recorded in the clerk’s office of the hustings court,
part II, a certificate of sale with his oath that the same has not
been redeemed, and thereupon the city, or its assignee, shall acquire
an absolute title in fee to such real estate, and every interest therein,
subject to be defeated only by proof that the taxes for which said
real estate was sold were not properly chargeable thereon, or that
the taxes properly chargeable thereon had been paid at the time
of the execution of such certificate. The said certificate shall be
recorded in the said clerk’s office in a record book known as “deed
book, recording conveyances to city of lands sold for delinquent
taxes”, for recording which certificate the clerk shall be entitled to
a fee of ten cents, payable out of the city treasury. The council may
impose penalties upon its officers for their failure to comply with
the requirements of this section. The said certificate, or the record
thereof, or a certified copy thereof, shall, in all courts and other
places, be evidence of the facts therein stated; provided, however,
that the failure to obtain or record such certificate shall not invali-
date the lien of the city for all taxes assessed against such real
estate, but the city may at any time elect to enforce its lien for
taxes in a court of equity and release its rights as purchaser or to
become a purchaser of such real estate. When real estate is sold
at a tax sale it shall be continued upon the land books in the name
of the former owner or owners until there is a transfer of title of
record and taxes and levies shall be annually extended thereon the
same as if such tax sale had not taken place.

Section 8.07. Correction of Assessments and Exoneration of
Taxes.—

(a) The officer or board responsible for making any assess-
ment of taxes or levies or the director of finance may require the
production of the books and records of any taxpayer containing
information concerning the tax liability of such taxpayer for the
purpose of verifying or amending or correcting the assessment of
city taxes for any tax year of the three tax years last past or for
the then current tax year. The council may provide by ordinance
for the issuance of a summons requiring the production of the
taxpayers’ books and records and for the imposition of fines and
penalties for the failure to obey such summons.

(b) If the officer or board responsible for making any assess-
ment or the director of finance ascertain that any taxpayer has not
been assessed with taxes of any kind for any tax year of the three
tax years last past or for the then current tax year, or that said
taxpayer has been assessed with taxes of any kind at less than the
law required for or during any one or more of such years, or that
the said taxes for any cause have not been realized, it shall be the
duty of the officer or board responsible for making the assessment
or the director of finance, upon his or its own examination and
audit, to assess the taxpayer with the taxes at the rate or rates
prescribed for said year or years and to include in such assessment
penalties and interest as may be prescribed by council, not to
exceed, however, a penalty of five per cent of the tax and interest
upon said tax and penalty at the rate of six per cent per annum from
the time when such tax would have borne a penalty for nonpay-
ment had it been regularly assessed and remained unpaid, and the
council may provide for the imposition of additional interest, not
to exceed interest upon the entire assessment at the rate of six
per cent per annum from the date of assessment, if such assessment
be not paid within thirty days after its date.

(c) If in the regular course of the audit of such taxpayers’
records the officer or board responsible for making any assessment
and the director of finance ascertain that the amount of license
taxes assessed against the taxpayer for any one or more of said
years is in excess of the amount of license taxes which should have
been assessed against said taxpayer upon a correct computation
thereof then the director of finance, with the approval of the city
attorney, may refund out of the city treasury the excess of such
taxes erroneously assessed if said excess be paid or exonerate the
taxpayer from the payment of said excess if the excess be not paid.
If the officer or board responsible for making the assessment or the
director of finance ascertain that there be additional liability for
one or more years and also an excessive assessment for one or more
years then the excess of one assessment may be credited against
the deficiency of the other assessment and the taxpayer be assessed
with the net deficiency or be refunded the net excess if paid or
exonerated from the payment of the net excess if unpaid, by order
of the director of finance, with the approval of the city attorney.

(d) Any person, firm or corporation assessed with any local
tax or levy and who is aggrieved thereby may, at any time within
one year from the thirty-first day of December of the year in which
such assessment is made, apply to the officer or board making such
assessment for a correction of said assessment. Notice of such
application shall also be given to the director of finance and the
city attorney and if the officer or board making such assessment,
with the approval of both the director of finance and the city
attorney, be satisfied that such person, firm or corporation has
been erroneously assessed with any such tax or levy then the
director of finance, with the approval of the city attorney, may
order the officer or board making such assessment to correct the
assessment and it shall be the duty of said officer or board to make
such correction in accordance with the orders of the director of
finance, with the approval of the city attorney. The director of
finance, with the approval of the city attorney, shall have the power
to order that the taxpayer be exonerated from the payment of so
much as is erroneously charged if unpaid and if said assessment
be paid then the director of finance, with the approval of the city
attorney, shall have the power to order the refund of the excess
of said assessment out of the treasury of the city. But where it is
shown to the satisfaction of the officer or board making such
assessment, with the approval of both the director of finance and
the city attorney, that there has been a double assessment in any
case, one of which assessments is proper and the other erroneous,
and that a proper single tax has been paid thereon, the director of
finance, with the approval of the city attorney, may order that such
erroneous assessment be corrected whether the erroneous tax has
been paid or not and even though the application be not made
within the one year as hereinbefore required. The remedy granted
by this section shall be in addition to the right of any taxpayer to
apply within the time prescribed by law to the proper court as
provided by law for the correction of erroneous assessments of the
taxes described in this section and application may be made to the
proper court irrespective of whether such applicant has or has not
theretofore made application to the officer or board making such
assessment for the correction of any such assessment.

Section 8.08. Bureau of License Inspection.—There shall be a
bureau of license inspection the head of which shall be the license
inspector. It shall be the duty of the license inspector to enforce
the provisions of this charter and the ordinances of the city with
regard to licenses and license taxes, to check any or all of the
records of the commissioner of revenue and to examine and audit
the books of all persons, firms and corporations whom he has
reasonable cause to believe to be liable to pay a license.

Section 8.09. Auditor of Municipal Accounts.—There shall be
an auditor of municipal accounts who shall be appointed by the
council for an indefinite term. He shall have been certified as a
certified public accountant by the State board of accountancy and
shall be qualified by training and experience for the duties of his
office. It shall be his duty to examine and audit all accounts, books,
records and financial transactions of the city, and of any depart-
ment, court, board, commission, office or agency thereof, excluding
such accounts as are audited by the auditor of public accounts of
the Commonwealth but including all trust and special funds, It
shall be his duty to make annually to the council, within one
hundred and twenty days after the close of the fiscal year, a com-
plete audit report covering the transactions of the preceding fiscal
year as they appear in the accounts, books and records kept in the
department of finance, with such comments and recommendations
as he may deem advisable. He shall make examinations and audits
of the accounts, books and records of other departments, courts,
boards, commissions, offices and agencies subject to examination
and audit by him at such times as he shall deem necessary and
upon completion of each such examination or audit shall file with
the council a report thereof in writing. He shall also transmit a copy
of each such report to the city manager and to the department,
court, board, commission, office or agency covered thereby. If he
shall at any time discover any unauthorized, illegal, irregular or
unsound practice he shall forthwith lay such facts before the city
manager and council. In performing his duties he shall have access
at any and all times to all books, records and accounts of each
department, court, board, commission, office or agency of the city
subject to examination and audit by him. He shall have power to
appoint, subject to the provisions of chapter 9 of this charter, such
accountants and other assistants as, within the limits of the appro-
priation therefor, may be necessary in his opinion for the perform-
ance of his duties. A copy of each audit report made to the council
by the auditor of municipal accounts shall always be available for
public inspection in the office of the city clerk during regular
business hours.

Section 8.10. Independent Audit.—The council shall cause to
be made for the fiscal year ending June 30, 1948 and at least every
fifth year thereafter an independent audit of all accounts, books,
records and financial transactions of the city, including those of any
person, firm or corporation utilizing city property under lease or
contract, by the auditor of public accounts of the Commonwealth
or by a firm of independent certified public accountants to be
selected by the council. The report of such audit shall be filed
within such time as the council shall specify and one copy thereof
shall be always available for public inspection in the office of the
city clerk during regular business hours.

CHAPTER 9

DEPARTMENT OF PERSONNEL

Section 9.01. Department of Personnel.—There shall be a
department of personnel which shall consist of the director of
personnel, a personnel board and such employees as may be pro-
vided by ordinance or by the orders of the director consistent
therewith.

Section 9.02. Director of Personnel— (Qualifications. —The
director of personnel shall be a person trained and skilled in per-
sonnel administration, with knowledge of and interest in public
personnel administration.

Section 9.03. Director of Personnel—Powers and Duties.—The
director of personnel shall have general management and control
of the department. He shall appoint and remove, subject to the
provisions of this charter, all employees of the department. In
addition, the director of personnel shall have the following powers
and duties:

(a) To conduct open competitive examinations for all original
appointments in the classified service and, whenever he shall
determine in accordance with the rules of the personnel board that
the same is practicable, for promotions in the classified service;
to give wide publicity through channels appropriate to each case
to all announcements of competitive examinations ; and to organize
plans for the recruitment of trained personnel for the city’s service,
provided that in formulating examinations he shall consult with all
officers having the power of appointment concerning their personnel
requirements.

(b) To maintain eligible lists based on such examinations for
each class of position in the classified service to which original
appointments are to be made and whenever a vacancy in such a
position is to be filled to certify to the appointing officer the names
of the three persons standing highest on the eligible list applicable
to the position to be filled in the order of their standing on such
list, provided that if there are fewer than three names on any such
list he shall before certifying any names conduct an examination
for such position of which at least ten days’ notice shall be given
by publication in a daily newspaper of general circulation published
in the city and if after such notice and examination there remain
fewer than three names on such eligible list he shall certify all
such names in the order of their standing.

(c) To enter into, with the approval of the personnel board,
agreements with other public personnel departments or agencies
for the joint administration of examinations and the joint use of
eligible lists.

(d) To authorize in writing temporary appointments to vacan-
cies in positions for which there is no eli ible list, provided that no
such temporary appointment shall be a period longer than
three months and that no such onporary appointment shall be
renewed; provided that during the first six months following the
effective date of this charter such temporary appointments may
be authorized for a longer period but no such appointment shall
terminate later than nine months after such effective date.

(e) To prepare and recommend to the personnel board a
classification plan for all positions in the classified service and such
rules as may be necessary for the purpose of carrying out the
provisions of this chapter.

(f) To prepare and recommend to the city manager and council
a pay plan covering all employees in the classified service.

(g) To direct and enforce the maintenance by all departments,
boards, commissions, offices and agencies of the city, including the
municipal courts and the school board, of such personnel records
and,service ratings of members of the classified service as he shall
prescribe.

(h) To maintain a roster of all persons in the classified service
which shall specify as to each such person (1) the class title of the
position held, (2) the salary or pay, (3) any changes in class title,
salary or pay, and (4) such other data as may be deemed useful
or significant.

(i) To certify all pay rolls, except those of the school board,
and to make no payment for personal services to any person in the
classified service, except employees of the school board, unless the
pay roll voucher bears the certificate of the director of personnel
that the persons named therein have been appointed and employed
in accordance with the provisions of this chapter.

(j) To provide a systematic program of in-service training for
members of the classified service qualifying them for advancement
in the service of the city.

(k) To investigate the operation and effect of the personnel
provisions of this charter and the rules adopted thereunder and
report annually his findings and recommendations to the city
manager. ;

(1) Such other powers and duties as may be assigned to him
by ordinance.

Section 9.04. Personnel Board—Appointment.—There shall be
a personnel board consisting of five qualified voters appointed by
the council for terms of five years. Of those first appointed one shall
be appointed to serve for one year, one for two years, one for three
years, one for four years and one for five years from the effective
date of this charter. Thereafter one member shall be appointed each
year for the full term of five years. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. One
member of the board shall always be a member of the classified
service as hereinafter defined. He shall be selected from a list of
three members of the classified service nominated by the members
thereof in a manner to be prescribed by the council. The board
shall choose one of its members to be chairman for a term of two
years beginning with the first Tuesday in September of each even
numbered year. Three members of the board shall constitute a
quorum. The director of personnel shall be privileged to attend all
meetings of the personnel board and shall designate an employee
of the department to act as secretary of the board who shall keep
a full and accurate record: of all proceedings of the board. The
members of the board shall serve without compensation.

Section 9.05. Personnel Board—Powers and Duties.—The per-
sonnel board shall have the power and shall be required:

(a) Toadopt and amend rules from time to time, as hereinafter
provided, for the purpose of giving effect to the provisions of this’
chapter and a classification plan covering all positions in the
classified service.
226 ACTS OF ASSEMBLY [va., 1948

(b) To hear appeals from any action pertaining to classifica-
tion, reclassification and allocation of positions and from any
disciplinary action suspending for more than sixty days, reducing
in rank or pay or removing any officer or employee in the classified
service, as hereinafter provided, and to report in writing its findings
and decisions on such appeal to the officer whose action is the
subject of the appeal.

(c) To investigate any or all matters relating to conditions
of employment in the service of the city and to make at least
annually a report of its findings to the council.

Section 9.06. Rules.—Within three months after the appoint-
ment of the first director of personnel under this charter he shall
prepare and recommend to the personnel board such rules as he
may consider necessary to carry out the provisions of this chapter
with respect to persons in the classified service. The personnel.
board shall cause to be published at least once in a daily newspaper
of general circulation published in the city a notice of the time and
place of a public hearing to be held on such proposed rules, to take
place not less than five days after the publication of such notice.
Thereafter the personnel board shall reject or adopt the rules
recommended by the director of personnel with such modifications
as it may deem advisable. Amendments to the rules may be
adopted from time to time after public hearing as above provided.
but no change in the rules shall be set for hearing which has not
been recommended by the director of personnel unless the same
shall have first been referred to him for his opinion at least ten
days prior to such hearing. The rules and amendments thereof so
adopted shall have, to the extent that they are consistent with the
terms of this charter, the force of law. Among other things they
shall provide for the method of holding competitive examinations:
the method of certifying eligibles for appointment; the establish-
ment, maintenance, consolidation and cancellation of eligible lists ;
the administration of the classification plan and pay plan; methods
of promotion and the application of service ratings thereto; proba-
tionary periods of employment; transfers of employees within the
classification plan; hours of work, vacations, sick leaves and other
leaves of absence; overtime pay; the order and manner in which
layoffs shall he effected; procedure on appeals from orders of
suspension or removal or other disciplinary action; and such other
matters as may be necessary to provide adequate and systematic
handling of the personnel affairs of the city.

Section 9.07. Unclassified Service—The service of the city
shall be divided into the unclassified and classified services. The
unclassified service shall consist of: (a) officers elected by the
people and persons appointed to fill vacancies in elective offices;
(b) the members of boards and commissions, all officers appointed
by the council, and persons appointed by the judges of the courts
of record and by officers elected: by the people; (c) judges, substi-
tute judges and clerks of the municipal courts and the referees of
the juvenile and domestic relations court; (d) the high constable
and his deputies and the justices of the peace provided for in this
charter; (e) the heads of departments appointed by the city man-
ager, and the assistant city manager if there be one; (f) not more
than one confidential secretary to the city manager and to the
head of each department; (g) employees of the school board per-
forming administrative and educational functions as determined by
the school board, provided that any class of such employees may
be transferred to the classified service on the request of the school
board; (h) assistant city attorneys, special counsel and technical
advisors employed by the city attorney; (i) licensed physicians
and dentists employed by the city in their professional capacities ;
(j) patient or inmate help in all hospitals and institutions operated
by the city; (k) persons temporarily employed in a professional
or scientific capacity or to conduct a special inquiry, investigation,
examination or installation, if the council or the manager certifies
that such employment is temporary and that the work should not
be performed by employees in the classified service.

Section 9.08. Classified Service——The classified service shall
comprise all positions, including those in the police and fire depart-
ments and those under the school board and municipal courts, not
specifically included by the preceding section in the unclassified
service. All original appointments in the classified service shall be
made from an eligible list certified by the director of personnel,
except as provided in subsection (d) of section 9.03, and appoint-
ments to higher positions in the classified service shall be made as
hereinafter provided. All original appointments shall be for a
probationary period the conditions of which shall be governed by
the rules established by the personnel board. Members of the
classified service shall be subject to such disciplinary action, includ-
ing removal as may be ordered or approved by the officer having
the power of appointment to the position held by the person to be
disciplined. Prior to the conclusion of the probationary period of
anv employee his service may be terminated by such officer if in the
opinion of such officer the employee does not possess the qualifica-
tions required by the position to which he was appointed. Upon
the conclusion of the probationary period no member of the classi-
fied service shall be suspended for more than sixty days, reduced
in rank or pay or removed except after notice in writing of the
grounds of the proposed disciplinary action and an opportunity to
be heard thereon by the personnel board. If within five days follow-
ing the service of such notice an employee shall in writing addressed
to the personnel board request a hearing, the board shall fix a time
and place for such hearing, which may be public at the option of
the employee, to be held not less than five nor more than ten days
after the receipt of such request. and notify the employee thereof;
provided that in the case of employees of the school board the
request for such hearing shall be addressed to the school board

and the hearing held by that board. The decision of the personnel

board or school board, as the case may be, either sustaining,

reversing or modifying the disciplinary action appealed from, shall
e final.

Section 9.09. Promotions.—Vacancies in higher positions in the
classified service shall be filled as far as practicable by promotion
from lower classes upon the basis of competitive tests including a
consideration of service ratings, provided that in case the city
manager so directs any such position may be filled by competitive
examination open not only to members of the classified service but
to persons not in the service of the city. All tests for promotion
shall be conducted by the director of. personnel in accordance with
the rules adopted by the personnel board, and the three highest
candidates, if there be that many, shall be certified to the appointing
authority and all promotional appointments shall be made from
among the persons so certified. A change from a position in any
class to a position in another class for which a higher maximum
rate of pay is prescribed shall be considered a promotion.

Section 9.10. Classification Plan.—The director of personnel
first appointed shall within six months after his appointment
prepare, after consultation with all officers having the power of
appointment, and submit to the personnel board a plan of classifica-
tion and grading for all positions in the classified service according
to similarity of authority, duties and responsibilities. The personnel
board shall hold a public hearing thereon, at least ten days’ notice
of which shall be given by publication in a daily newspaper of
general circulation published in the city, and within thirty days
after the submission of the plan by the director of personnel it
shall reject or adopt the same with or without modifications.
Changes in the classification plan may thereafter be recommended
from time to time by the director of personnel and shall take effect
when approved by the personnel board. When the specifications
of any job are changed or new position created the personnel
director shall recommend the necessary changes in the classification
plan. After'the adoption of the classification plan the class titles
set forth therein shall be used to designate such positions in all
official records, documents, vouchers and communications, and no
person shall be appointed to or employed in a position in the classi-
fied service under any class title which has not been recommended
by the director of personnel and approved by the personnel board
as appropriate to the duties to be performed. Employees affected
by the allocation or reallocation of a position to a class or by any
changes in the classification plan shall be afforded an opportunity
to be heard thereon by the personnel board after filing with the
director of personnel a request for such hearing.

Section 9.11. Pay Plan—tThere shall be a pay plan consisting
of a salary range for each class of position in the classification plan,
which shall provide for regular increments within such range to
be earned by length of service and satisfactory service ratings.
Each such range shall be determined with due regard to the salary
ranges for other classes and to the relative difficulty and responsi-
bility of characteristic duties of positions in the class, the minimum
qualifications required, the prevailing rate paid for similar employ-
ment outside the city service, and any other factors that may
properly be considered to have a-bearing upon the fairness or
adequacy of the range. The director of personnel shall prepare
and recommend to the city manager within thirty days after the
adoption of the classification plan by the personnel board a pay
plan as described above which shall be transmitted to the council
by the city manager with his recommendations. The council shall
have power to adopt the same by ordinance with or without modi-
fications. When so adopted by the council the pay plan shall remain
in effect until amended by the council. When a pay plan has been
adopted the council shall not increase or decrease the salaries of
individual members of the classified service but shall act in fixing
the salaries of members of the classified service only by amendment
of the pay plan.

Section 9.12. Status of Present Employees.—All persons hold-
ing regular permanent positions in the service of the city at the
effective date of this charter which are included by this chapter in
the classified service shall immediately become members of the
classified service. Any other regular permanent officer or employee
of the city at the effective date of this charter shall, pending action
by the council or the appropriate official charged by this charter
with power of appointment and removal, retain such position or if
such position has been abolished remain in the service of the city
and receive the salary he has been receiving. For the purposes of
this section the office of director of finance shall be deemed to be
the same office as the former office of comptroller. Nothing in this
section, however, shall be deemed to limit the power of the council
by ordinance to abolish any position or positions, of the personnel
board to establish a classification plan affecting any position in
the classified service, or of the council to adopt a pay plan altering
the compensation thereof.

Section 9.13. Prohibited Practices——No person shall wilfully
or corruptly make any false statement, certificate, mark, rating or
report in regard to any test held or certification or appointment
made under the personnel provisions of this charter or in any
manner commit or attempt to commit any fraud preventing the
impartial execution of such personnel provisions or of the rules
made thereunder. No officer or employee in the classified service of
the city shall continue in such position after becoming a candidate
for nomination or election to any public office. No person seeking
appointment to or promotion in de classified service of the city
shall either directly or indirectly give, render or pay any money.
service or other valuable thing to any person for or on account
of or in connection with his test, appointment, proposed appoint-
ment, promotion or proposed promotion. Electioneering in any city
office, building or premises during working hours applicable thereto
is hereby prohibited. Any person who by himself or with others
wilfully or corruptly violates any of the provisions of this section
shall be guilty of a misdemeanor and shall upon conviction thereof
be punished by a fine of not more than five hundred dollars or by
imprisonment for a term not exceeding six months or by both fine
and imprisonment. Any person who is convicted under this section
shall for a period of five years be ineligible for appointment to or
employment in a position in the city service and shall, if he be an
officer or employee of the city, immediately forfeit the office or
position he holds.

Section 9.14. Residence of Employees.—All regular permanent
officers and employees of the city in both the classified and unclassi-
fied services shall reside within the city during their continuance
in such office or employment. If any such officer or employee shall
cease to be a resident of the city his office or employment shall be
deemed to have been vacated.

Section 9.15. Veteran's Preference—Any person who has
served in time of war in the army, navy, air corps, marine corps
or coast guard of the United States and has been honorably dis-
charged therefrom shall be entitled to have added to his rating in
any examination held under the provisions of this chapter ten
points on a scale of one hundred if he is eligible for disability
compensation or pension from the United States through the Vet-
erans Administration, or five points on a scale of one hundred if
he is not so eligible, provided that he shall be within the age limit
specified for appointment to the position or class of position for
which the examination is held, is physically capable of performing
the duties of such position, and attains in the examination without
such added points the minimum rating prescribed for the passage
of such examination.

Section 9.16. Pensions——The retirement system for city em-
ployees hitherto established by ordinance shall continue in force
and effect subject to the right of the council to amend or repeal
the same as set forth in such ordinance. From and after the effective
date of this charter the board of trustees of the Richmond Retire-
ment System shall consist of five members appointed by the council
for terms of five years, provided that of those first appointed one
shall be appointed to serve for one year, one for two years, one for
three years, one for four years and one for five vears from the
effective date of this charter and that thereafter one member shall
be appointed each year for the full term of five years. Any vacancy
shall be filled for the unexpired portion of the term. Of the members
so appointed two shall always be members of the classified service.
The director of personnel shall henceforth be the secretary and the
director of finance shall be the fiscal officer of the board of trustees
of the Richmond Retirement System and as such shall perform
such duties as may be required of them by ordinance but neither
shall receive any additional compensation on account of such duties.
The members of the said board of trustees in office at the effective
date of this charter shall continue as members of the board until
members have been appointed as above provided and have qualified
and organized but thereupon their respective terms of office shall
be terminated.

CHapter 10
DEPARTMENT OF LAW

Section 10.01. Department of Law.—There shall be a depart-
ment of law which shall consist of the city attorney and such
assistant city attorneys and other employees as may be provided
by ordinance.

Section 10.02. City Attorney—Qualifications and Appointment.
-~The head of the department of law shall be the city attorney.
He shall be an attorney at law licensed to practice under the laws
of the Commonwealth and shall have actively practiced his profes-
sion therein for at least five years immediately preceding his
appointment. He shall be appointed by the council for an indefinite
term.

Section 10.03. City Attorney—Powers and Duties.—The city
attorney shall (a) be the legal advisor of the council, the city
manager and of all departments, boards, commissions and agencies
of the city, including the school board, in all matters affecting the
interests of the city and shall upon request furnish a written opinion
on any question of law involving their respective official powers
and duties; (b) at the request of the city manager or any member
ot the council prepare ordinances for introduction and at the
request of the council or any member thereof shall examine any
ordinance after introduction and render his opinion as to the form
and legality thereof; (c) draw or approve all bonds, deeds, leases,
contracts or other instruments to which the city is a party or in
which it has‘ an interest; (d) have the management and control
of all the law business of the city and the departments, boards,
commissions and agencies thereof or in which the city has an
interest, and represent the city as counsel in any civil case in which
it is interested and in criminal cases in which the constitutionality
or validity of any ordinance is brought in issue; (e) institute and
prosecute all legal proceedings he shall deem necessary or proper
to protect the interests of the city; (f) attend in person or assign
one of his assistants to attend all meetings of the council; (g)
appoint and remove such assistant city attorneys and other em-
ployees as shall be authorized by the council, subject to the pro-
visions of chapter 9 of this charter as to employees in the classified
service, and authorize the assistant city attorneys or any of them
or special counsel to perform any of the duties imposed upon him
in this charter; and (h) have such other powers and duties as may
be assigned to him by ordinance.

Section 10.04. Restrictions on Actions for Damages Against
City.—

(a) Whenever in any action, suit or proceeding against the
city any person, firm or corporation may be liable or responsible
with the city, such person, firm or corporation shall, upon motion
of the city, be joined as a defendant with the city, and whenever
there is a judgment, order or decree rendered against or affecting
the city and any person, firm or corporation is so joined the court
shall determine which of the defendants is primarily liable or
responsible.

(b) No action shall be maintained against the city for injury
to any person or property or for wrongful death alleged to have
been sustained by reason of the negligence of the city or of any
officer, employee or agent 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 within sixty days after such cause of action shall have
accrued, except that when the claimant is an infant or non compos
mentis, or the injured person dies within such sixty days, such
statement may be filed within one hundred and twenty days.
Neither the city attorney nor any other officer, employee or agent
of the city shall have authority to waive the foregoing conditions
precedent or any of them.

CHAPTER 11
DEPARTMENT OF PUBLIC SAFETY

Section 11.01. Department of Public Safety—There shall be a
department of public safety which shall include the bureaus of
police, fire, traffic safety and such other bureaus, divisions and units
as may be provided by ordinance or by the orders of the director
of public safety consistent therewith.

Section 11.02. Director of Public Safety—Powers and Duties.
—The head of the department of public safety shall be the director
of public safety. He shall have general management and control
of the several bureaus, divisions and other units of the department.
He shall, subject to the provisions of chapter 9 of this charter,
appoint and remove the heads of the respective bureaus and divi-
sions and all other officers and employees of the department. He
shall have such other powers and duties as may be assigned to
him by this chapter or by ordinance.

Section 11.03. Bureau of Police—The bureau of police shall
consist of the chief of police and such other officers and employees
of such ranks and grades as may be established by ordinance. The
bureau of police shall be responsible for the preservation of the
public peace, prevention of crime, apprehension of criminals, pro-
tection of the rights of persons and property, and enforcement of
the laws of the Commonwealth, the ordinances of the city and all
rules and regulations made in accordance therewith. The chief of
police and the other members of the police force of the city shall
have all the powers and duties of police officers as provided by
the general laws of the Commonwealth.

Section 11.04. Chief of Police—The head of the bureau of
police shall be the chief of police. Under the general supervision
of the director of public safety he shall be in direct command of
the bureau of police. He shall assign all members of the bureau
to their respective posts, shifts, details and duties. He shall, with
the approval of the director of public safety, make rules and regula-
tions in conformity with this charter and the ordinances of the
city concerning the operation of the bureau, the conduct of the
officers and employees thereof, their uniforms, arms and other
equipment, their training and the penalties to be imposed for
infractions of such rules and regulations. The chief of police shall
be responsible for the efficiency, discipline and good conduct of
the bureau. Orders of the city manager or the director of public
safety relating to the bureau of police shall be transmitted in all
cases through the chief of police or in his absence from the city
or incapacity through an officer of the bureau designated as acting
chief by the director of public safety. Disobedience to the lawful
commands of the chief of police or violation of the rules and regu-
lations made by him with the approval of the director of public
safety shall be ground for removal or other disciplinary action as
provided in such rules and regulations, subject to the provisions of
chapter 9 of this charter.

Section 11.05. Special Police—The director of public safety
may. with the approval of the city manager, in time of grave public
emergency appoint and equip a sufficient number of special police-
men to preserve the peace, safety and good order of the community.
The director of public safety shall also appoint such employees of
the city as shall be designated by the city manager to be special
policemen who while in the performance of their official duties
shall have the powers and duties of policemen. The director of
public safety may in his discretion, upon the application of anv
individual, firm or corporation showing the necessity thereof,
approved by the chief of police, appoint one or more special police-
men. to be paid by the applicant, who shall have the powers and
duties of policemen while in or on the premises of such applicant
or in the actual performance of the duties for which employed.
Special policemen shall be subject to the rules and regulations of
the bureau of police and their appointments shall be revocable at
any time by the director of public safety.
Section 11.06. The regular members of the police force and the
special police shall receive all fees and allowances prescribed by
law arising out of the exercise of their powers and duties, which
shall be collected by the chief of police and paid into the city
treasury, except that witness fees allowed for attendance upon the
courts of record may be paid to and retained by such members as
individuals. The fees and allowances heretofore collected by the
chief of police and held subject to the order of the director of
public safety, in hand at the effective date of this charter, shall
be paid into the city treasury.

Section 11.07. Bureau of Fire-—The bureau of fire shall consist
of the fire chief and such other officers and employees of such
ranks and grades as may be established by ordinance. The bureau
of fire shall be responsible for the protection from fire of life and
property within the city.

Section 11.08. Fire Chief—The head of the bureau of fire shall
be the fire chief. Under the general supervision of the director of
public safety he shall be in direct command of the bureau of fire.
He shall assign all members of the bureau to their respective posts,
shifts, details and duties. He shall, with the approval of the director
of public safety, make rules and regulations in conformity with
this charter and the ordinances of the city concerning the operation
of the bureau, the conduct of the officers and employees thereof,
their uniforms, equipment and training and the penalties to be
imposed for infractions of such rules and regulations. The fire chief
shall be responsible for the efficiency, discipline and good conduct
of the bureau. Orders of the city manager or the director of public
safety relating to the bureau of fire shall be transmitted in all cases
through the fire chief or in his absence from the city or incapacity
through an officer of the bureau designated as acting chief by the
director of public safety. Disobedience of the lawful commands of
the fire chief or violation of the rules and regulations made by him
with the approval of the director of public safety shall be ground
for removal or other disciplinary action as provided in such rules -
and regulations, subject ‘to the provisions of Chapter 9 of this
charter.

Section 11.09. Fire Prevention.—It shall be the ‘duty of the
director of public safety to secure the enforcement of all laws and
ordinances relating to fire prevention and fire safety and to issue
from time to time regulations having the force of law for the pur-
pose of implementing such laws and ordinances. In the performance
of these duties he shall act through the bureau of fire. He shall
issue no regulations as above provided except upon the recom-
mendation of the fire chief. The penalty for violation of such rules
and regulations shall be as provided by ordinance.

Section 11.10. Bureau of Traffic Safety—The bureau of traffic
safety shall consist of the traffic engineer who shall be the head of
the bureau, and such other employees as may be provided by ordi-
nance. The traffic engineer shall be a graduate of a recognized
engineering school of collegiate grade and shall be trained or
experienced in traffic problems. He shall make continuing studies
of traffic conditions in the city and the approaches thereto, with
special reference to prevention of congestion and accidents, the
provision of parking facilities and the solution of other problems
incident to traffic. He shall from time to time report to the director
of public safety his recommendations relating to the opening and
widening of streets, the regulation of traffic thereon, parking facili-
ties, and other conditions affecting the safe and convenient use
of the streets and public ways of the city. It shall be the duty of
the city planning commission and the department of public works
to cooperate with the bureau of traffic safety in making such studies
and all records, reports, maps and other data in their possession
pertinent to such studies shall be available to the said bureau. The
council shall not adopt any ordinance regulating traffic or establish-
ing or altering the routes of public transportation systems until the
same has been referred to the bureau of traffic safety and its report
thereon filed with the city clerk, provided that if no such report be
filed within sixty days after such reference the council may proceed
to act on such ordinance. The director of public safety shall have
power, after consultation with the chief of police and the traffic
engineer, to make any rules, regulations and orders relating to
traffic, the power to make which is conferred on local authorities
by the motor vehicle code of Virginia or any other general law
of the Commonwealth, including the power to make rules, regula-
tions and orders concerning the establishment of signs and signals
and the exclusion from any street or public way of (a) parking,
(b) traffic movement in more than one direction, and (c) trucks
and other commercial vehicles except for the purpose of receiving
loads or making deliveries, provided that such orders, rules and
regulations shall not conflict with the laws of the Commonwealth
or the ordinances of the city. Penalties for the violation of any of
such orders, rules or regulations shall be fixed by ordinance.

Cuapter 12
DEPARTMENT OF PUBLIC WORKS

Section 12.01. Department of Public Works.—There shall be
a department of public works which shall consist of the director
of public works and such other officers and employees organized
into such bureaus, divisions and other units as may be provided
by ordinance or by the orders of the director consistent therewith.

Section 12.02. Functions—The department of public works
shall be responsible for: (a) the making of such surveys, reports,
maps, drawings, plans, specifications and estimates as may be
requested from time to time by the council, the city manager or
the head of any department, or any board, commission or agency
236 ACTS OF ASSEMBLY [va., 1948

of the city, provided that the city manager may, with the approval
of the council, employ consulting engineers or architects in connec-
tion with the design of any building, work or improvement; (b) the
custody of all maps or plans of the city or any part thereof which
were filed at the effective date of this charter in the office of the
director of public works and all such maps or plans hereafter made
and not expressly required by law or ordinance to be filed in some
other place, and any map or plan of the city or any part thereof
made in accordance with any law or ordinance in the custody of
the department of public works, or a copy thereof attested by the
director of public works, shall be evidence in the courts of the
Commonwealth of the facts shown therein; (c) the supervision of
the execution and performance of all contracts for capital improve-
ment projects as defined in subsection (a) of section 7.02 of this
charter, and no payment shall be made by the city upon any such
contract without the certificate of the director of public works that
the work or the portion thereof for which such payment is to be
made has been satisfactorily performed in accordance with the
terms of such contract, provided that when the plans and speci-
fications for any capital improvement project have been prepared
under the authority of the school board or department of public
utilities by some person or agency other than the department of
public works, the contract may be supervised and the certificate
above required shall be issued by a person or agency to be desig-
nated by the school board or the director of public utilities, as the
case may be; (d) the construction of any capital improvement
project by employees of the department of public works when
ordered, as hereinafter provided in this chapter, by the council or
the city manager; (e) the maintenance and cleaning of streets.
alleys, other public places, bridges, viaducts, subways and under-
passes: (f) the maintenance of sewers, drains and culverts, the
maintenance and operation of sewage disposal plants, the collection
of garbage and other refuse and the maintenance and operation
of facilities for the disposal of the same, subject to the authority
of the director of public health in matters affecting the public
health; (g) the maintenance, heating, lighting and janitorial service
for all city owned buildings except those under the jurisdiction of
the school board and the department of public utilities, and except
when otherwise provided by this charter, law, ordinance or the
directions of the city manager; (h) the determination, in accord-
ance with such ordinances on the subject as the council may adopt,
of the conditions under which street surfaces may be cut by the
department of public utilities or any person, firm or corporation,
for the purpose of laying, relocating, removing, connecting or
repairing pipes or conduits therein, and the time within and the
manner in which such work shall be completed and such cuts filled
and the street surface restored; and (i) such other powers and
duties as may be assigned to the department by ordinance.
Section 12.03. Director of Public Works—Qualifications.—The
head of the department of public works shall be the director of
public works. He shall be a graduate of an engineering school of
collegiate grade, licensed or qualified to be licensed to practice
engineering under the laws of the Commonwealth, and shall have
had at least five years’ experience in highway or public works
administration.

Section 12.04. Director of Public Works—Powers and Duties.
—The director of public works shall have general management and
control of the several bureaus, divisions and other units of the
department. He shall appoint and remove, subject to the provisions
of Chapter 9 of this charter, all of the officers and employees of
the department and shall have power to make rules and regulations
consistent with this charter and the ordinances of the city for the
conduct of its business.

Section 12.05. Grading of Streets —Whenever the council shall
have determined to grade or change the grade of any street, alley
or public place within the city, if the work be of such a nature as
may cause damage to the abutting landowners it shall be the duty
of the director of public works to ascertain what damages, if any,
will accrue to the owners of the property likely to be so affected.
It shall further be the duty of the director of public works, such
ascertainment having been made, to give such notice and hearings
and to make such reports and proceed in such manner as is
required by sections 3036, 3037, 3038 and 3039 of the Code of
Virginia. The amount finally ascertained, in the manner provided
in the said sections, to be due to any property owner shall have
the effect of a judgment in favor of the property owner and against
the city as of the date of such final ascertainment.

Section 12.06. Assessment of the Cost of Certain Improvements
Upon Abutting Landowners.—Before the council shall order the
assessment of the whole or any portion of the cost of any improve-
ment, as provided in subsection (e) of section 2.03 of this charter,
it shall give notice to the abutting landowners as required by
sections 3067 and 3069 of the Code of Virginia, and all further
proceedings in relation to such assessment shall be governed by the
provisions of sections 3067, 3068, 3069, 3070 and 3071 of the Code
of Virginia relating to notice, hearings, appeals and other pro-
cedural matters; provided that it shall be the duty of the director
of public works to ascertain the cost of such improvement and that
any duties which under said sections may be performed by an
officer of the city shall be performed by the director of public works.

Section 12.07. Contracts for Capital Improvement Projects—
Whenever any capital improvement project is to be undertaken by
the city or any department, board, commission or agency thereof,
except the school board and the department of public utilities, it
shall be the duty of the director of public works to cause plans,
specifications and estimates of cost of such capital improvement
project to be made. The school board and department of public
utilities may utilize the services of the department of public works
in preparing plans, specifications and estimates of cost for capital
improvement projects relating to their respective functions but they
may, in the discretion of the school board or director of public
utilities, as the case may be, cause such plans and specifications to
be prepared by their own employees or by architects and engineers
engaged for the purpose. In the case of any capital improvement
project, except one relating to school buildings and grounds, if the
estimate of cost is ten thousand dollars or less it may, in the discre-
tion of the city manager, be constructed either by contract or by
the employees of the department of public works or the department
of public utilities, as the case may be. If the estimate of cost is
more than ten thousand dollars such capital improvement project
shall, except as hereinafter provided, be constructed by contract.
No contract for any capital improvement project estimated to cost
more than one thousand dollars shall be let except upon sealed bids
based on the plans and specifications prepared by the department
of public works or the department of public utilities, which bids
shall be advertised for, received, opened and tabulated by the
purchasing agent in the manner and subject to the conditions
prescribed by ordinance. The contract shall be awarded by the
purchasing agent to the lowest responsible bidder, provided that
the city manager, when the estimated cost of the capital improve-
ment project is ten thousand dollars or less, and the council in all
other cases, may authorize the rejection of all bids, instruct the
purchasing agent to readvertise for bids with or without modifica-
tion of the plans and specifications for such capital improvement
project or order the same to be constructed by the department
of public works or the department of public utilities, as the case
may be. A record of all bids, showing the names of the bidders and
the amounts of the bids and indicating in each case the successful
bidder, together with the originals of all sealed bids and other
documents pertaining to the award of contracts, shall be preserved
by the purchasing agent for six years in a file which shall be open
to public inspection during regular business hours. No capital
improvement project which is essentially a unit shall be divided
for the purpose of evading the intent of this section.

Section 12.08. School Board Contracts for Capital Improve-
ment Projects——The school board may make use of the contract
procedure provided by section 12.07 and if it does so the authority
to reject all bids and order the purchasing agent to readvertise for
bids shall be vested in the school board, provided that the execution
of any capital improvement project relating to school buildings or
grounds shall not be undertaken by the department of public works
except upon the request of the school board and with the approval
of the city manager. The school board may, in its discretion, adopt
its own procedure for the letting of contracts for capital improve-
ment projects, provided that no such project involving an estimated
cost of more than ten thousand dollars shall be let except on sealed
bids.

Cuapter 13
DEPARTMENT OF PUBLIC UTILITIES

Section 13.01. Department of Public Utilities—There shall be
a department of public utilities which shall consist of the director
of public utilities and such other officers and employees organized
into such bureaus, divisions and other units as may be provided
by ordinance or by the orders of the director consistent therewith.

Section 13.02. Functions—The department of public utilities
shall be responsible for: (a) the operation of the water, gas and
electric utilities of the city, including street lighting; (b) the collec-
tion of all charges for the services of such utilities; (c) until other-
wise provided by ordinance, the enforcing of all laws and ordinances
relating to the installation of electric wiring and electrical devices,
and the examining and licensing of electricians; and (d) such other
powers and duties as may be assigned to the department by
ordinance.

Section 13.03. Director of Public Utilities—Qualifications.—
The head of the department of public utilities shall be the director
of public utilities. He shall be a person trained and skilled in public
utility problems and shall have had at least five years’ experience
in public utility operation or administration.

Section 13.04. Director of Public Utilities—Powers and Duties.
—The director of public utilities shall have general management
and control of the several bureaus, divisions and other units of the
department. He shall appoint and remove, subject to the provisions
of Chapter 9 of this charter, all officers and employees of the
department and shall have power to make rules and regulations
consistent with this charter and the ordinances of the city for the
conduct of its business.

Section 13.05. Bureau of Billing and Collection—There shall
be a bureau of billing and collection in the department of public
utilities, which shall be responsible for the collection of all charges
for the use of water, gas and electricity and other services incident
thereto. The collection of unpaid bills may be enforced in the
manner now or hereafter prescribed by law or ordinance.

Section 13.06. Each Utility a Separate Enterprise—The water,
gas and electric utilities shall each be conducted as a separate enter-
prise, provided that nothing herein shall prevent the transfer of
employees from one utility to another or the division of the time of
any officer or employee between two or more of such utilities. To
facilitate accurate analysis of the financial results of the operation
of each utility: -
(a) The bureau of billing and collection shall bill for and
collect on behalf of each utility not only the charges due from
domestic, commercial and industrial users of its services but similar
charges against the city and each department, board, commission,
office and agency thereof, including the school board and each other
utility. The rates to be charged the city and its departments, boards,
commissions, offices and agencies, as above provided, for water
and gas shall be the same as those charged to other customers,
except that the charges to be made for the use of water for fire
protection shall be in the form of an annual rental, to be paid by
the department of safety, for each fire hydrant based on the propor-
tion of the valuation of the water utility properly allocable to fire
protection as determined by the valuation hereinafter provided.
The rates to be charged for street lighting and for electric current
furnished to the city and its departments, boards, commissions,
offices and agencies shall be fixed by the director of public utilities
as nearly as possible in accordance with the rates approved by the
State Corporation Commission to be charged by privately operated
utilities for services of like kind and quantity furnished to other
Virginia municipalities.

(b) Separate budgets shall be prepared for each utility annual-
ly at the time and in the manner prescribed in Chapter 6 of this
charter, which. shall include estimates of receipts and expenditures
for the ensuing fiscal year. The budget of the electric utility shall
not contain any item of receipt or expenditure in respect of elec-
trical inspection and the examining and licensing of electricians but
an appropriation for this purpose shall be made in the general fund
budget to the department of utilities so long as these functions
continue to be performed in that department. The budget estimates
of each department of the city shall include items for gas, water
and electric current to be used by them. An item for street lighting
shall be included in the general fund budget and shall be disbursed
by the director of finance on the basis of bills rendered by the
bureau of billing and collection.

(c) The director of finance shall keep separate accounts, in
accordance with accepted principles of public utility accounting,
for each utility. Expenditures shall be authorized and made as in
the case of other departments solely in accordance with the appro-
priation ordinance adopted for each utility as provided in Chapters
6 and 8 of this charter. Revenues shall be analyzed in the case of
the water and gas utilities so as to show, among other things, the
amount paid by each class of customer according to the rate sched-
ules of each such utility. Operating expenditures shall be analyzed
so as to show, among other things, production costs, distribution
costs, central office costs including customer billing and collecting, |
merchandising costs, and ordinary maintenance costs. The director
of finance shall, immediately after the close of the fiscal year,
prepare and submit to the city manager and council a profit and
loss statement on an accrual basis, in accordance wit
principles of public utility accounting, for each utility
fiscal year and a balance sheet for each utility showing |
liabilities as of the beginning and close of such fiscal
the purposes of this chapter all indebtedness of the cit:
on account of each utility shall be regarded as the indeb
such utility.

(d) The director of finance shall also, immediately
close of each fiscal year, prepare and submit to the cit)
and council the following statement showing for each
such fiscal year:

(1) Cash receipts from sales to commercial, indu
domestic consumers.

(2) Receipts from sales to the city and its departmen
commissions and agencies, including the school board.

(3) Cash receipts from miscellaneous sources.

(4) Total receipts (the sum of items (1), (2) and (3))

(5) Operating expense, including ordinary mainte:
curred during such year.

(6) Interest payable during such year.

(7) Principal on outstanding debt payable during su

(8) Taxes, if any, lawfully accruing during such yea

(9) Taxes not actually accruing but which we
accrued during such year had the utility not been m
owned.

(10) Depreciation estimated for such year at the ra
mined by the valuation hereinafter provided and con
accordance with accepted principles of public utility a
less the amount payable during such year on the pr
outstanding debt.

(11) Total expense (the sum of items (5) through (

(12) Excess of receipts over expense or expense ove
(the difference between items (4) and (11)).

Section 13.07. Disposition of Utility Surplus—A sum
equal to item (10) above shall be paid annually by the «
finance into special reserve funds to be known as the “wa
renewal fund”, the “gas works renewal fund”, and the
works renewal fund”, respectively, from which appropria
be made by the council on the recommendation of the city
only for renewing, rebuilding or extending the plant anc
tion system of each such utility respectively. A sum of mc
to item (9) above shall be paid annually by the director
into the general fund. The whole or any part of any
teceipts over expense shown in item (12) above may, wh
ized by the council by the affirmative votes of at least six
be transferred to the general fund or to the renewal fur
utility respectively.
Section 13.08. Valuation—As soon as practicable after the
effective date of this charter and at such other times as it shall
determine the council shall cause to be made a valuation of each
of the three utilities, in accordance with accepted valuation prin-
ciples, by a competent firm of engineers to be selected by the
council on the recommendation of the city manager, showing in
the case of the water utility the proportion of its valuation properly
allocable to fire protection, provided that the council taking office
on the first Tuesday of September 1948 may accept any such
valuation of any or all of the three utilities completed within three
years before said date or cause to be completed any such valuation
then in progress.

Section 13.09. Changes in Rates.—The rates to be charged for
the respective services of the water and gas utilities and for the
sale of any excess of electric current beyond the needs of the city
and its departments, boards, commissions and agencies shall be
fixed from time to time by the council on the recommendation of
the director of public utilities and the city manager. If for any
three consecutive fiscal years the average annual receipts of any
utility, as shown in item (4) of subsection (d) of section 13.06,
shall be less than its average annual expense as shown in item (11)
of subsection (d) of section 13.06, it shall be the duty of the
director of public utilities and the city manager to recommend and
the council to adopt for that utility a schedule of rates which in its
judgment will produce receipts equal to expense.

Section 13.10. No Sale or Lease of Utilities Except When
Approved by Referendum.—There shall be no sale or lease of the
water, gas or electric utilities unless the proposal for such sale or
lease shall first be submitted to the qualified voters of the city at
a general election and be approved by a majority of all votes cast
at such election.

CHAPTER 14
DEPARTMENT OF PUBLIC HEALTH

Section 14.01. Department of Public Health.—There shall be
a department of public health which shall consist of the director of
public health, a board of health and such other officers and
employees organized into such bureaus, divisions and other units
as may be provided by ordinance or by the orders of the director
consistent therewith.

Section 14,02. Functions——The department of public health
shall be responsible for: (a) enforcing all laws and ordinances and
all lawful rules and regulations of the department as hereinafter
provided, relating to the preservation and promotion of public
health and sanitation; (b) the protection of the inhabitants of the
city from contagious, infectious and other diseases; (c) the abate-
ment of nuisances detrimental to public health; (d) the operation
of city hospitals, sanatoria and laboratories and the furnishing of
medical aid and care to the indigent; (e) the conducting of clinics,
nursing and educational services for the preservation and promo-
tion of public health; (f) the collecting of morbidity and vital
statistics ; and (g) such other powers and duties as may be assigned
to the department by ordinance.

Section 14.03. Director of Public Health—Qualifications.—The
head of the department of public health shall be the director of
public health. He shall be a graduate of an approved medical school
and of a recognized school of public health, with not less than five
years’ experience in public health work.

Section 14.04. Director of Public Health—Powers and Duties.
—The director of public health shall have general management and
control of the several bureaus, divisions and other units of the
department. He shall appoint and remove, subject to the provisions
of Chapter 9 of this charter, all officers and employees of the
department, provided that all regular officers and employees of the
department who are included in the unclassified service by reason
of their professional status as physicians or dentists shall be
disciplined or removed only in the manner prescribed for the
discipline or removal of members of the classified service and shall
be subject to the provisions of sections 9.10, 9.11 and 9.13 of this
charter.

Section 14.05. Director of Public Health—Further Powers and
Duties.—The director of public heglth shall further have all the
powers and duties with respect to the preservation of the public
health which now are or may hereafter be conferred or imposed on
municipal boards of health and health officers by the laws of the
Commonwealth, as well as all the powers and duties conferred or
imposed on him by this charter and the ordinances of the city.
He shall have power, with the approval of the board of health, to
make rules and regulations for the preservation of the public health,
not inconsistent with the laws of the Commonwealth and the
ordinances of the city, which shall have the force of law. The
penalties for the violation of any such rules and regulations shall
be fixed by ordinance.

Section 14.06. Board of Health—There shall be a board of
health consisting of five members who shall be qualified voters of
the city. The members of the board of health in office at the
effective date of this charter shall be members of the board of
health established by this section and shall each continue to hold
office until the first Tuesday in September following the expiration
of the terms for which they were appointed. The council shall
appoint each year one member of the board for a term of five years
from the first Tuesday in September. Vacancies shall be filled by
the council for the unexpired portion of the term. Two members
of the board of health shall always be physicians. The board of
health shall choose annually one of its own number to be chairman
for the term of one year and until his successor is chosen and
qualified. An employee of the department of health shall be assigned
by the director of public health to act as secretary to the board.
It shall hold such regular meetings as it may determine. Special
meetings may be held at any time on the call of the director of
public health. In addition to its duties with regard to the adoption
of rules and regulations, the board of health shall advise with the
director of public health on all matters submitted by him for their
consideration. It shall annually make a report to the city manager,
for transmission to the council, on public health conditions in the
city, with its recommendations for their improvement. The mem-
bers of the board of health shall serve without compensation.

CuHarter 15
DEPARTMENT OF PUBLIC WELFARE

Section 15.01. Department of Public Welfare—tThere shall be
a department of public welfare which shall consist of the director
of public welfare and such officers and employees organized in such
bureaus, divisions and other units as may be provided by ordinance
or the orders of the director consistent therewith.

Section 15.02. Functions.—The department of public welfare
shall be responsible for: (a) the duties imposed by the laws of the
Commonwealth relating to public assistance and relief of the poor ;
(b) the operation of the city Home; and (c) such other powers and
duties as may be assigned to the department by law or ordinance.

Section 15.03. Director of Public Welfare—Qualifications.—
The head of the department of public welfare shall be the director
of public welfare. He shall be a person trained and experienced
in welfare administration.

Section 15.04. Director of Public Welfare—Powers and Duties.
—The director of public welfare shall have, subject to the laws of
the Commonwealth relating to public assistance, general manage-
ment and control of the several bureaus, divisions and other units
of the department, including the appointment and removal, subject
to the provisions of Chapter 9 of this charter, of all officers and
employees of the department and the making of rules and regula-
tions, consistent with this charter and the ordinances of the city,
for the conduct of its business.

Cuapter 16

DEPARTMENT OF RECREATION AND PARKS

Section 16.01. Department of Recreation and Parks.—There
shall be a department of recreation and parks which shall consist
of the director of recreation and parks and such other officers and
employees organized into such bureaus, divisions and other units
as may be provided by ordinance or by the orders of the director
consistent therewith.

Section 16.02. Functions——The department of recreation and
parks shall be responsible for: (a) organizing and conducting
recreation programs for all age groups in various parts of the city;
(b) operating and maintaining all public parks, grounds, playfields
and playgrounds of the city both within and without its boundaries
except those under the jurisdiction of the school board; (c) operat-
ing and maintaining all city cemetegies; (d) operating and main-
taining nurseries for flowers, vines, shrubs and trees for use in the
public parks, grounds, streets and ways of the city; (e) planting
and care of all flowers, vines, shrubs and trees in the public parks,
grounds, streets and ways of the city; (f) operating and maintain-
ing all buildings, museums, gardens, monuments, lakes, swimming
pools, rest rooms, restaurants, refreshment stands and other facili-
ties and establishments situated in the public parks and grounds
under the jurisdiction of the department; (g) promoting, sponsor-
ing and managing public concerts, entertainments and other recrea-
tional activities; and (h) such other powers and duties as may be
assigned to the department by ordinance. The department of
recreation and parks shall be permitted to utilize grounds and
buildings under the jurisdiction of the school board at such hours
and on such days as they are not in use for other educational
purposes, subject to such reasonable rules and regulations as the
school board may establish, and provided that the department of
recreation and parks shall be responsible for any damage or extra
expense arising from its use of the school grounds and buildings.
When authorized by the council and upon such terms and condi-
tions as it may provide, the department of recreation may lease
concessions and other facilities in the public parks and grounds
under its jurisdiction, fix and collect charges for the use of its
facilities and services, fix and collect charges for admission to
concerts, entertainments and other recreational activities sponsored
by it, and sell or exchange the surplus products of the city nurseries.
The repair and maintenance of all buildings, drives and walks in
parks and grounds under the jurisdiction of the department may,
when so directed by the city manager, be performed by. the depart-
ment of public works.

Section 16.03. Director of Recreation and Parks—Qualifica-
tions—The head of the department of recreation and parks shall be
the director of recreation and parks. He shall be a person trained
and experienced in recreation activities, with experience in the
administration of public recreation or parks.

Section 16.04. Director of Recreation and Parks—Powers and
Duties.—The director of recreation and parks shall have general
management and control of the several bureaus, divisions and other
units of the department. He shall appoint and remove, subject to
the provisions of Chapter 9 of this charter, all officers and em-
ployees of the department, and he shall have the power to make
rules and regulations consistent with this charter and the ordinances
of the city for the conduct of its business.

Section 16.05. Rules and Regulations.—The council shall have
power to adopt by ordinance all needful rules and regulations
relating to the use of public grounds, parks, playfields, playgrounds
and cemeteries, whether within or without the city, and for the
preservation of order, safety and decency therein. For the purpose
of enforcing such rules and regulations all such public grounds,
parks, playfields, playgrounds and cemeteries shall be under the
police jurisdiction of the city. Any member of the police force of
the city, or park employee appointed as a special policeman, shall
have power to make arrests for violations of any such rule or
regulation.

Section 16.06. Advisory Board of Recreation and Parks.—
There shall be an advisory board of recreation and parks consisting
of five members of whom one shall be a member of the school board,
appointed by the school board, and one a member of the city
planning commission, appointed. by the city planning commission,
for terms of two years from the first Tuesday in September 1948
and every two years thereafter, but in no case shall a member so
appointed continue to be a member of the advisory board of
recreation and parks after the expiration of his term as a member
of the school board or the city planning commission, as the case
may be; and of whom three shall be appointed by the council for
terms of three years, provided that of those first appointed one
shall be appointed for one year, one for two years and one for three
years from the first Tuesday in September 1948, Vacancies shall
be filled by the authority making the appointment, for the unex-
pired portion of the term. The advisory board of recreation and
parks shall choose annually one of its own number to be chairman
for a term of one year and until his successor is chosen and quali-
fied. An employee of the department of recreation and parks shall
be assigned by the director of recreation and parks to act as
secretary of the board. It shall hold such regular meetings as it
may determine. Special meetings may be held at any time on the
call of the director of recreation and parks. The advisory board of
recreation and parks shall advise with the director of recreation
and parks on all matters submitted by him for their consideration.
The members of the advisory board of recreation and parks shall
serve without compensation.

CHAPTER 17
PLANNING, ZONING AND SUBDIVISION CONTROL

Section 17.01. Power to Adopt Master Plan.—In addition to
the powers granted elsewhere in this charter the council shall have
the power to adopt by ordinance a master plan for the physical
development of the city to promote health, safety, morals, comfort,
prosperity and general welfare. The master plan may include but
shall not be limited to the following:

(a) The general location, character and extent of all streets,
highways, super-highways, freeways, avenues, boulevards, roads,
lanes, alleys, walks, walkways, parks, parkways, squares, playfields,
playgrounds. recreational facilities, stadia, arenas, swimming pools,
waterways, harbors, water fronts, landings, wharves, docks, termi-
nals, canals, airports and other public places or ways, and the
removal, relocation, widening, narrowing, vacating, abandonment,
change of use or extension thereof.

(b) The general location, character and extent of all public
buildings, schools and other public property and of utilities whether
publicly or privately owned, off-street parking facilities, and the
removal, relocation, vacating, abandonment, change of use, altera-
tion or extension thereof.

(c) The general location, character and extent of slum clear-
ance, housing and neighborhood rehabilitation projects, including
the demolition, repair or vacation of substandard, unsafe or
unsanitary buildings.

A general plan for the control and routing of railways,
street car lines, bus lines and all other vehicular traffic.

(e) The general location, character and extent of areas beyond
the corporate limits of the city to be annexed thereto.

Section 17.02. The City Planning Commission—Composition.
—There shall be a city planning commission which shall consist
of seven members. One member shall be a member of the council
who shall be appointed by the council for a term coincident with
his term in the council; one member shall be a member of the
board of zoning appeals appointed by the board of zoning appeals
for a term coincident with his term on such board; one member
shall be the city manager or an officer or employee of the city
designated from time to time by him; four citizen members shall
be qualified voters of the city who hold no office of profit under
the city government, appointed by the council for terms of four
years; provided that the citizen members of the city planning com-
mission previously appointed by the mayor and in office at the
effective date of this charter shall continue to serve as members of
the commission for the terms for which they were appointed, and
provided further, that of the citizen members first appointed by the
council two shall be appointed for two years and two for four years
from the first of January 1951. Vacancies shall be filled by the
authority making the appointment, for the unexpired portion of
the term. Members of the city planning commission shall serve as
such without compensation.

Section 17.03. Organization and Expenditures—The commis-
sion shall elect a chairman and vice-chairman from among the
citizen members appointed by the council, for a term of one year,
who shall be eligible for re-election, and appoint a secretary. The
commission shall hold at least one regular meeting in each month,
shall adopt rules for the transaction of its business, and shall keep
a record of its resolutions, transactions, findings and determinations,
which record shall be a public record. The commission shall appoint
such employees as it may deem necessary for its work and may
contract with city planners, engineers, architects and other con-
sultants for services it may require. All expenditures, exclusive of
gifts to the commission, shall not exceed the sums appropriated by
the council therefor.

Section 17.04. Duty to Adopt Master Plan.—It shall be the
duty of the commission to make and adopt a master plan which
with accompanying maps, plats, charts and descriptive matter shall
show the commission’s recommendations for the development of
the territory covered by the plan. In the preparation of such plan
the commission shall make careful and comprehensive surveys and
studies of existing conditions and future growth. The plan shall be
made with the general purpose of guiding and accomplishing a
coordinated, adjusted and harmonious development of the city and
its environs which will in accordance with existing and future
needs best promote health, safety, morals, comfort, prosperity and
general welfare, as well as efficiency and economy in the process
of development.

Section 17.05. Control of Monuments and Other Works of Art.
—TIt shall be the further duty and function of the commission to
preserve historical landmarks and to control the design and location
of statuary and other works of art which are or may become the
property of the city, and the removal, relocation and alteration of
any such work; and to consider and suggest the design of harbors,
bridges, viaducts, airports, stadia, arenas, swimming pools, street
fixtures and other public structures and appurtenances.

Section 17.06. Adoption of Master Plan by Commission.—The
commission may adopt the plan as a whole by a single resolution
or may by successive resolutions adopt successive parts of the
plan, said parts corresponding to major geographical sections or
geographical or topographical divisions of the city or. with func-
tional subdivisions of the subject matter of the plan, and may adopt
any amendment or extension thereof or addition thereto. Before
the adoption of the plan or any such part, amendment, extension
or addition, the commission shall hold at least one public hearing
thereon at least fifteen days’ notice of the time and place of which
shall be given by one publication in a daily newspaper of general
circulation published in the city. The adoption of the plan or of
any such part, amendment, extension or addition shall be by resolu-
tion of the commission carried by the affirmative vote of not less
than a majority of the entire membership of the commission. The
resolution shall refer expressly to the maps and descriptive matter
and other matter intended by the commission to form the whole
or part of the plan adopted, which resolution shall be signed by
the chairman of the commission and attested by its secretary. An
attested copy of the resolution, accompanied by a copy of so much
of the plan in whole or in part as was adopted thereby, and each
amendment, alteration, extension or addition thereto adopted there-
by, shall be certified to the council, to the clerk of the chancery
court of the city and to the clerk of the hustings court, part Two,
who shall file the same in their respective offices.

Section 17.07. Effect of Adoption of Master Plan.—Whenever
the commission shall have adopted a master plan for the city or
one or more parts thereof, geographical, topographical or func-
tional, and the master plan or such part or parts thereof shall have
been approved by the council and it has been certified and filed as
provided in the preceding section, then and thereafter no street,
square, park or other public way, ground, open space, public build-
ing or structure, shall be constructed or authorized in the city or
in the planned section or division thereof until and unless the
general location, character and extent thereof has been submitted
to and approved by the commission; and no public utility, whether
publicly or privately owned, shall be constructed or authorized in
the city or in the planned section or division thereof until and
unless its general location, but not its character and extent, has
been submitted to and approved by the commission, but such
submission and approval shall not be necessary in the case of pipes
or conduits in any existing street or proposed street, square, park
or other public way, ground or open space, the location of which
has been approved by the commission; and no ordinance giving
effect to or amending the comprehensive zoning plan as provided
in section 17.10 shall be adopted until it has been submitted to and
approved by the commission. In case of disapproval in any of the
instances enumerated above the commission shall communicate its
reason to the council which shall have the power to overrule such
action by a recorded vote of not less than two-thirds of its entire
membership. The failure of the commission to act within sixty days
from the date of the official submission to it shall be deemed
approval. The widening, extension, narrowing, enlargement, vaca-
tion or change in the use of streets and other public ways, grounds
and places within the city as well as the acquisition by the city of
any land within or without the city for public purposes or the sale
of any land then held by the city shall be subject to similar approval
and in case the same is disapproved such disapproval may be
similarly overruled. The foregoing provisions of this section shall
not be deemed to apply to the pavement, repavement, reconstruc-
tion, improvement, drainage or other work in or upon any existing
street or other existing public way.

Section 17.08. Capital Budget.—It shall be the duty of the
commission to prepare and revise annually a program of capital
improvement projects for the ensuing five years and it shall submit
the same annually to the city manager, at such time as he shall
direct, together with its recommendations, and estimates of cost of
such projects and the means of financing them, to be undertaken
in the ensuing fiscal year and in the next four years, as the basis
of the capital budget to be submitted to the council by the city
manager. In the preparation of its capital budget recommendations
the commission shall consult with the city manager, the heads of
departments and interested citizens and organizations and shall
hold such public hearings as it shall deem necessary.

Section 17.09. Further Powers and Duties of the Commission.
—The commission shall have power to promote public interest in
and understanding of the plan and to that end may publish
and distribute copies of the plan or any report relating thereto, and
may employ such other means of publicity and education as it may
determine. The commission shall consult and advise with public
officials and agencies, public utility companies, civic, educational,
professional or other organizations, and with citizens, with relation
to the protection or carrying out of the plan. All public officials
shall upon request furnish to the commission within a reasonable
time such available information as it may require for its work.
The commission, its members, officers and employees in the per-
formance of their duties may enter upon any land in the city and
make examinations and surveys and place and maintain necessary
monuments and markers thereon. In general the commission shall
have such powers as may be necessary to enable it to fulfill its
function, promote planning and carry out the purposes of this
charter. The commission shall make an annual report to the council
concerning its activities.

Section 17.10. Zoning Powers.—In addition to the powers
granted elsewhere in this charter the council shall have the power
to adopt by ordinance a comprehensive zoning plan designed to
lessen congestion in streets, secure safety from fire, panic and other
danger. promote health, sanitation and general welfare, provide
adequate light and air, prevent the overcrowding of land, avoid
undue concentration of population, facilitate public and private
transportation and the supplying of public utility services and
sewage disposal, and facilitate provision for schools, parks, play-
grounds and other public improvements and requirements. The
comprehensive zoning plan shall include the division of the city
into districts with such boundaries as the council deems necessary
to carry out the purposes of this charter and shall provide for the
regulation and restriction of the use of land, buildings and struc-
tures in the respective districts and may include but shall not be
limited to the following:

(a) It may permit specified uses of land, buildings and struc-
tures in the districts and prohibit all other uses.
(b) It may restrict the height, area and bulk of buildings and
structures in the districts.

(c) It may establish setback building lines and prescribe the
area of land that may be used as front, rear and side yards and
courts and open spaces.

(d) It may restrict the portion of the area of lots that may be
occupied by buildings and structures.

(e) It may prescribe the area of lots and the space in buildings
that may be occupied by families.

(f) It may require that spaces and facilities deemed adequate
by the council shall be provided on lots for parking of vehicles in
conjunction with permitted uses of land and that spaces and
facilities deemed adequate by the council shall be provided on lots
tor off-street loading or unloading of vehicles.

(g) It may permit the use and development of land not less
than ten acres in extent in a manner that does not conform in all
respects with the regulations and restrictions prescribed for the
district or districts in which such land is situated, provided that
such use shall be approved by the city planning commission and
the council.

(h) It may provide that land, buildings and structures and the
uses thereof which do not conform to the regulations and restric-
tions prescribed for the district in which they are situated may be
continued so long as the then existing or more restricted use con-
tinues and so long as the buildings or structures are maintained in
their then structural condition; and may require that such buildings
or structures and the use thereof shall conform to the regulations
and restrictions prescribed for the district or districts in which they
are situated whenever they are enlarged, extended, reconstructed
or structurally altered: and may require that such buildings or
structures and the use thereof shall conform to the regulations and
restrictions prescribed for the district or districts in which they
are situated, in any event within a reasonable period of time to be
specified in the ordinance.

Section 17.11. Uniformity of Regulations Within a District —
The regulations and restrictions shall be uniform and shall apply
equally to all land, buildings and structures and to the use and
to each class or kind thereof throughout each district but the
regulations and restrictions applicable in one district may differ
from those provided for other districts.

Section 17.12. Considerations to Be Observed in Adoption and
\lteration of Regulations.—The regulations and restrictions shall
he enacted with reasonable consideration, among other things, of
the character of each district and its peculiar suitability for partic-
ular uses, and with a view of conserving the value of land, build-
ings and structures and encouraging the most appropriate use
thereof throughout the city. Upon the enactment of the ordinance
dividing the city into districts and regulating and restricting the
use of land, buildings and structures therein in accordance with a
comprehensive zoning plan no land, building or structure shall be
changed from one district to another district unless the change is
in accord with the interest and purposes of this section and will
not be contrary to the comprehensive zoning plan and the enu-
merated factors upon which it is based and the regulations and
restrictions applicable to the districts involved in the change. No
change in district boundaries shall be made so as to include less
than the entire area fronting on the same street in one block, but
such change need not include such portions of corner lots as may
be within one hundred feet of the street line of the intersecting
streets which bound the block, and in blocks where the frontage
on the same street is one thousand feet or more the change need
not include more than seven hundred and fifty continuous feet
thereof. Changes involving lesser areas than the above may be
made when the change consists of the inclusion of the balance of
the frontage on the same street in any one block in the same district
in which the major portion of such frontage is already included.

Section 17.13. Duties of the City Planning Commission with
Relation to Zoning.—It shall be the duty of the city planning
commission to prepare and submit to the council a comprehensive
zoning plan as referred to in section 17.10 and from time to time
prepare and submit such changes in or revisions of the said plan
as changing conditions may make necessary.

Section 17.14. Adoption and Amendment of Regulations and
Restrictions and Determination of District Boundaries.—Subject
to the other provisions of this chapter the.council shall have power
by ordinance to adopt the regulations and restrictions hereinbefore
described and determine the boundaries of the districts in which
they shall apply, provide for their enforcement, and from time to
time amend, supplement or repeal the same. The council shall also
have authority to provide for the collection of fees to cover costs
involved in the consideration of any request for amendment, supple-
ment or repeal of any such regulation, restriction or determination
of boundaries, to be paid to the city clerk by the applicant upon
filing such request. No such ordinance shall be adopted until:
(a) the ordinance has been referred to the city planning commission
and approved by it, subject to over-rule by the council, as provided
in section 17.07; and (b) until after a public hearing in relation
thereto shall be held by the council at which the parties in interest
and other persons shall have an opportunity to be heard. At least
fifteen days’ notice of the time and place of such hearing shall be
given by publication thereof in a daily newspaper of general
circulation published in the city.

Section 17.15. Effect of Protest by Twenty Per Cent of the
Owners of Property.—If a protest is filed with the city clerk against
such amendment, supplement or repeal, signed and acknowledged
before a person authorized to administer oaths, by the owners of
twenty per cent or more of the total area of the lots included in
such proposed change or of the total area of the lots outside of the
proposed change any point in which is within one hundred and fifty
feet of the boundary of such area, the council shall not adopt the
ordinance making such amendment, supplement or repeal, by les
than seven affirmative votes. 2

Section 17.16. Board of Zoning Appeals—Composition.—There
shall be a board of zoning appeals which shall consist of five regular
members and one alternate. They shall be qualified voters of the
city, shall hold no office of profit under the city government and
shall be appointed by the judge of the hustings court of the city
of Richmond for terms of four years; provided that the members
of the board of zoning appeals in office at the effective date of this
charter shall continue to hold office until the first day of January
following the expiration of the terms for which they were appointed
and the first alternate member shall be appointed to serve until the
said date; and provided further, that the judge of such court shall
appoint two regular and one alternate member to serve for two
years and three regular members to serve for four years from said
date. Thereafter their successors shall be appointed for full terms
of four years. Vacancies shall be filled by the judge of such court
for the unexpired portion of the term. A regular or alternate mem-
ber may be removed by the judge of the said court for neglect of
duty or malfeasance in office, upon written charges and after public
hearing. Members of the board of zoning appeals shall serve with-
out compensation.

Section 17.17. Board of Zoning Appeals—Organization.—The
board shall elect one of its members as chairman. The chairman
shall preside at all meetings of the board and in his absence a
member designated by the board shall act as chairman and shall
preside. The board sha]l appoint a secretary and such other
employees as may be needed for the conduct of the work of the
board. The alternate member may take the place of any regular
member who is absent or disqualified in hearing and determining
any matter before the board.

Section 17.18. Board of Zoning Appeals—I’rocedure.—The
meetings of the board shall be held at the call of the chairman and
at such other times as the board may determine. The board shall
keep minutes of its proceedings showing the vote of each member
on each question or if absent or failing to vote indicating such fact,
and shall keep records of its examinations and other official actions,
all of which shall be filed in the office of the board and shall be a
public record.

Section 17.19. Appeals to Board of Zoning Appeals.—:Appeals
to the board may be taken by any person aggrieved, or by any
officer, department, board, commission or agency of the city
affected, by any decision of the administrative officer designated
by the council to administer and enforce the ordinance dividing the
city into districts and regulating and restricting the use of land,
buildings and structures therein. Appeals shall be taken within
such reasonable time as shall be prescribed by the board by general
rule, by filing with the said administrative officer and with the
board a notice of appeal specifying the grounds thereof. The admin-
istrative officer shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was
taken. An appeal stays all proceedings in furtherance of the action
appealed from unless the administrative officer from whose decision
the appeal is taken certifies to the board that by reason of the facts
stated in the certificate a stay would in his opinion cause imminent
peril to life or property. In such case proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the board or by a court of record on application and on notice
to the administrative officer and on due cause shown.

The board shall fix a reasonable time for the hearing of the
appeal, give public notice thereof as well as due notice to the parties
in interest and decide the issue within a reasonable time. At the
hearing any party may appear in person, by agent or by attorney
and shall be given an opportunity to be heard. The board may
prescribe a fee to be paid whenever an appeal is taken which shall
be paid into the city treasury.

Section 17.20. Powers of Board of Zoning Appeals.—The board
shall have the following powers and it shall be its duty:

(a) To hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination by the
administrative officer in the administration and enforcement of
the provisions of the ordinance.

(b) To grant variations in the regulations when a property
owner can show that his property was acquired in good faith and
where by reason of the exceptional narrowness, shallowness or
shape of a specific piece of property at the time of the effective date
of the ordinance or where by reason of the exceptional topograph-
ical conditions or other extraordinary or exceptional situation the
strict application of the terms of the ordinance actually prohibit
or unreasonably restrict the use of the property, or where the board
is satisfied, upon the evidence heard by it, the granting of such
variation will alleviate a clearly demonstrable hardship approaching
confiscation as distinguished from a special privilege or convenience
sought by the owner; provided, however, that all variations granted
shall be in harmony with the intended spirit and purpose of this
chapter and the ordinance.

(c) To permit, when reasonably necessary in the public inter-
est, the use of land, or the construction or use of buildings or struc-
tures, in any district in which they are prohibited by the ordinance,
by any agency of the city, county or state or the United States,
provided such construction or use shall adequately safeguard the
health, safety and welfare of the occupants of the adjoining and
surrounding property, shall not unreasonably impair an adequate
supply of light and air to adjacent property, shall not increase
congestion in streets and shall not increase public danger from fire
or otherwise affect public safety.

(d) To permit the following exceptions to the district regula-
tions and restrictions, provided such exceptions shall by their
design, construction and operation adequately safeguard the health,
safety and welfare of the occupants of the adjoining and surround-
ing property, shall not unreasonably impair an adequate supply of
light and air to adjacent property, shall not increase congestion
in streets and shall not increase public danger from fire or other-
wise unreasonably affect public safety and shall not diminish or
impair the established property values in surrounding areas:

(1) Use of land or erection or use of a building or structure
by a public service corporation for public utility purposes exclu-
sively which the board finds to be reasonably necessary for the
public convenience and welfare.

(2) Extension of a district where the boundary line of a district
divides a lot in single ownership as shown of record at the time
of the effective date of the ordinance. .

(3) Use of land or construction or use of buildings and struc-
tures in any district in which they are prohibited by the ordinance.
by educational, religious, philanthropic or eleemosynary institu-
tions; the use of land or construction or use of buildings and struc-
tures in any district in which they are prohibited by the ordinance.
for cemetery purposes, airports or landing fields, greenhouses and
nurseries and wireless or radio towers or stations, provided that the
height thereof is approved by the board; and the extraction of raw
materials from land, such as rock, gravel, sand and similar products.

(4) Use of land in dwelling districts immediately adjoining or
separated from business, commercial or industrial districts by
alleys, of widths to be specified in the ordinance. for parking of
vehicles of customers of business, commercial or industrial estab-
lishments, provided such use shall not extend more than the dis-
tance specified in the ordinance from the business, commercial or
industrial district.

(5) Use of buildings for dwelling purposes in districts speci-
fied in the ordinance for use for other purposes, where it can be
shown that conditions in the specified districts are not detrimental
to the health, safety, or welfare of the inhabitants of such buildings
and on condition that the buildings will be removed within a time
specified in the ordinance.

(6) Reconstruction of buildings or structures that do not con-
form to the comprehensive zoning plan and regulations and restric-
tions prescribed for the district in which thev are located, which
have been damaged by explosion, fire, act of God or the public
cnemy, to the extent of more than sixty per cent of their assessed
taxable value, when the board finds some compelling public neces-
sity for a continuance of the use and such continuance is not
primarily to continue a monopoly, provided that nothing herein
shall relieve the owner of any such building or structure from
obtaining the approval of such reconstruction by the council or any
department or officer of the city when such approval is required by
any law or ordinance.

(e) To modify the interpretation and application of the pro-
visions of the ordinance where the street layout actually on the
ground varies from the street layout as shown on the map fixing
the districts and their boundaries adopted with and as a part of
the ordinance. :

Section 17.21. Form and Scope of Decisions by Board of
Zoning Appeals.—In exercising the powers conferred upon it the
board may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from, and
may make such order, requirement, decision or determination as
should be made, and to that end shall have all the powers of the
administrative officer charged by the ordinance with enforcement.
The concurring affirmative vote of three members of the board
shall be necessary to reverse any order, requirement, decision or
determination of the administrative officer or to decide in favor of
the applicant in any matter of which it has jurisdiction. The board
shall act by formal resolution which shall set forth the reason for
its decision and the vote of each member participating therein which
shall be spread upon its records and shall be open to public inspec-
tion. The board may, upon the affirmative vote of three members,
reconsider any decision made and, upon such reconsideration,
render a decision by formal resolution. a decision of the board
shall be based upon a finding of fact based on sworn testimony
which finding of fact shall be reduced to writing and preserved
among its records.

Section 17.22. Appeals from Board of Zoning Appeals.—Any
person, firm or corporation, jointly or severally aggrieved or in
fact affected by any decision of the board of zoning appeals, or any
officer, department, board or agency of the city government charged
with the enforcement of any order, requirement or decision of said
board, may appeal from such decision by filing a petition in the
law and equity court or law and equity court of the city of Rich-
mond, Part Two, verified by affidavit, setting forth the alleged
illegality of the action of the board and the grounds thereof. The
petition shall be filed within thirty days from the date of the
decision of the board. No appeal from the decision of the board
shall be allowed in any case involving the same petitioner, prin-
ciples, property. and conditions previously passed upon by either
of such courts.

Section 17.23. Procedure on Appeal.—Upon filing of the peti-
tion the court may cause a writ of certiorari to issue directed to
the board, ordering it to produce within the time prescribed by the
court, not less than ten days, the record of its action and docu-
ments considered by it in making the decision appealed from,
which writ shall be served upon any member of the board. The
issuance of the writ shall not stay proceedings upon the decision
appealed from but the court may, on application, notice to the board
and due cause shown, issue a restraining order. The board shall not
be required to produce the original record and documents but it
shall be sufficient to produce certified or sworn copies thereof or
of such portions thereof as may be required by the writ. With the
record and documents the board may concisely set forth in writing
such other facts as may be pertinent and material to show the
grounds of the decision appealed from, verified by affidavit.

Section 17.24. Powers and Duties of the Court.—The court
shall review the record, documents and other matters produced by
the board pursuant to the issuance of the writ and may reverse or
modify the decision reviewed, in whole or in part, when it is
satishied that the decision of the board is contrary to law or that
its decision is arbitrary and constitutes an abuse of discretion.
Unless it is made to appear that the decision is contrary to law
or is arbitrary and constitutes an abuse of discretion the court shall
afirm the decision. If the court finds that the testimony of wit-
nesses is necessary for a proper disposition of the matter it may
hear evidence.

Section 17.25. Proceedings Against Violators of Zoning Ordi-
nance.—Whenever any building or structure is erected, constructed,
reconstructed, altered, repaired or converted, or whenever any
land, building or structure is used in violation of any ordinance
adopted in accordance with section 17.14, the city may institute
and prosecute appropriate action or proceedings to prevent such
unlawful act and to restrain, correct or abate such violation or to
prevent any unlawful act, conduct or use of such property.

Section 17.26. Penalties for Violation of Zoning Ordinance.—
The council may in such ordinance provide that fines and jail
sentences, either or both, shall be imposed for violations of the
ordinance by owners of land, buildings or structures, their agents

ving possession or control of such property, lessees, tenants,
architects, builders, contractors or any other persons, firms or
corporations who take part in or assist in any such violations or
who maintain any land, building or structure in which such viola-
tions exist, which penalties shall not exceed those prescribed in
section 2.06 of this charter.

Section 17.27. Land Subdivisions.—In order to provide for the
orderly subdivision of land within the city and within five miles
of the corporate limits thereof there is hereby conferred upon the
city and the counties in which the area outside the city but within
five miles thereof is included the power to adopt regulations and
restrictions relative to the subdivision of land in the manner here-
inafter provided. Such regulations and restrictions may prescribe
standards and requirements for the subdivision of land which may
include but shall not be limited to the following: the location, size
and layout of lots so as to prevent congestion of population and to
provide for light and air; the width, grade, location, alignment and
arrangement of streets and sidewalks with relation to other existing
streets, planned streets and the master plan; access for fire-fighting
apparatus; adequate open spaces; adequate and convenient facili-
ties for vehicular parking; easements tor public utilities; suitable
sites for schools, parks and playgrounds; planting of shade trees
and shrubs; naming and designation of streets and other public
places; laying out, constructing and improving streets, alleys and
sidewalks and the installation of public utilities therein and appor-
tioning the cost thereof; procedure for making variations in such
regulations and restrictions; requirements for plats of subdivisions
and their size, scale, contents and other matters; and for the
erection of monuments of specified type for making and establishing
Property and street, alley, sidewalk and other lines.

ection 17.28. Hearings on Subdivision Ordinance.—The coun-
cil shall not adopt or amend any ordinance establishing such regula-
tions and restrictions until notice of intention so to do has been
published once a week for two successive weeks in a daily news-
paper of general circulation published in the city. The notice shall
specify the time, not less than ten days after final publication, and
the place at which persons affected may appear before the council
and present their views.

Section 17.29. Adoption of Regulations and Restrictions Ap-
plicable Only Within the City Limits—After hearing as above
provided the council may adopt by ordinance any such regulations
and restrictions applicable within the limits of the city which when
recorded in the office of the clerks of the chancery court and the
hustings court of the city of Richmond, Part Two, shall be in full
force and effect.

Section 17.30. Regulation of Subdivision Beyond City Limits.
—The council, in addition to establishing such regulations and
restrictions applicable within the corporate limits of the city, may
adopt such regulations and restrictions applicable in an area outside
such limits provided that such regulations and restrictions applica-
ble in any area outside such city limits shall not be adopted or
become effective or applicable except in the manner and to the
extent provided by the general laws of the Commonwealth.

Section 17.31. Approval of Plats of Subdivisions—From and
after the date on which such regulations and restrictions become
effective in the city or in any area outside the city but within five
miles thereof the owners of tracts of land within the city or other
area to which such regulations and restrictions are applicable, who
subdivide them into two or more lots, shall cause plats of such
subdivisions, in the form prescribed by the applicable regulations
and restrictions, to be made and submitted to the city planning
commission if such land is situated in the city, or if outside the
city or partly inside and partly outside the city to said commission
and to whatever authority the governing body of the county in
which the whole or any part of said land is situated shall have
designated for the purpose. It shall be the duty of such commission
and authority to consider such plat in the light of the regulations
and restrictions applicable to the same and approve or disapprove
the plat in accordance therewith. Before taking any action thereon
the city planning commission or authority shall afford the owner
and other interested parties an opportunity to be heard after such
reasonable notice as may be provided in such regulations and
restrictions. Failure to act on any plat for a period of forty-five
days shall be deemed to constitute approval unless a petition in a
proper court has been filed as hereinafter provided in this section.
Approval shall be attested on the plat by the signature of the
chairman or vice-chairman of the city planning commission and by
the signatures of the authority designated by the county or the
majority of such authority. If the city planning commission and
authority aforesaid fail to agree in respect of any plat of a sub-
division for which their joint approval is necessary either the city
or the county concerned may, upon ten days’ notice to the other,
petition the circuit court of the county in which the land or a major
portion thereof lies, or a court of record of the city if the major
portion of the land lies in the city, to decide whether the plat shall
be approved. The court shall hear the matter and make and enter
such order with respect thereto as it deems proper.

Section 17.32. Recording of Plats of Subdivisions—From and
after the date on which such regulations and restrictions become
effective in the city or in any area outside the city but within five
miles thereof, no plat of any subdivision to which such regulations
and restrictions are applicable shall be received or recorded by the
clerk of any court unless the plat has been approved as provided
in the preceding section. No owner of land in the city or outside
area in which such regulations and restrictions are applicable, who
has subdivided the same into two or more lots, shall sell or offer
for sale any such lot by reference to or exhibition of or by the use
of a plat of such subdivision or otherwise before the plat of such
subdivision has been approved as provided in the preceding section
and has been recorded in the office of the clerk of the court or courts
in which a deed conveying such lot would be required to be
recorded.

Section 17.33. Penalty for Transfer of Lots in Unapproved
Subdivisions Whoever being the owner or agent of the owner
of any land in a subdivision subject to such regulations and
restrictions, the plot of which has not been approved and recorded
as above provided, shall transfer, sell or offer for sale or agree to
sell any lot in such subdivision by reference to or exhibition of
an unapproved and unrecorded plat or otherwise, shall forfeit and
pay a penalty of one hundred dollars for each lot or similar parcel
of land transferred or agreed or negotiated to be sold; and the
description of such lot or parcel by metes and bounds in the instru-
ment of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from such penalty
or from the remedies herein provided. The city, if such subdivision
is located therein, and the city or the county in which the sub-
division or any portion thereof is situated, may enjoin such transfer
or sale or agreement by proceedings for injunction brought in a
court having jurisdiction of the land to which the injunction
applies. The city or the county in which any lot transferred, sold
or offered for sale in violation of this chapter is situated may
recover the penalty provided therefor in a civil action brought in
a court in whose jurisdiction such lot is situated, for the benefit
of the city or county, whichever is the site of such lot.

Section 17.34. Transfer of Portion for Public Use——The rec-
ordation of the plat shall operate to transfer in fee simple to the
city or the county in which the land lies such portion thereof as is
on the plat set apart for streets, alleys, easements or other public
use or purpose and to create a public right of passage over or use
of the same. The owner or owners of the land subdivided may
construct, reconstruct, operate and maintain with the consent of
the city or the county where the land lies, sewers, gas and water
pipes or electric lines along or under the streets, alleys, easements
or other land devoted to public use, provided that it shall not
obstruct or hinder the passage over the streets, alleys or other
property devoted to public use further than is reasonably necessary
to construct, reconstruct, repair, operate and maintain such works.

Section 17.35. Vacation of Plats—Any plat or part thereof
recorded may be vacated, with the consent of the council or of the
governing body of the county wherein the land lies or both where
the plat has been approved by both, by the owners thereof at any
time before the sale of any lot therein, by a written instrument
declaring the plat to be vacated which shall be duly executed,
acknowledged and recorded in the clerk’s office wherein the plat
to be vacated is recorded. The execution and recordation of the
instrument shall operate to destroy the force and effect of the
recording of the plat and to divest all public rights in and to
reinvest the owners with the title to the streets, alleys, easements
and other land devoted to public use laid out or described in the
plat. In cases where lots have been sold the plat or part thereof
may be vacated upon the application of the owners of the lots in
the plat and with the approval of the council or governing body
of the county, or both where the plat has been approved by both,
and shall not be vacated otherwise. The clerk in whose office any
plat so vacated has been recorded shall write in plain, legible letters
across the plat or part thereof vacated the word “vacated” and
also make a reference on the plat to the volume and page thereof
in which the instrument of vacation is recorded.
Section 17.36. Use of Street for Five Years—Dedication.—

Whenever any piece, parcel or strip of land shall have been opened
to and used by the public as a street, alley, lane or other public
place or part and for the period of five years, the same shall
thereby become a street, alley, lane, public place or part thereof
for all purposes and the city shall have the same authority and
jurisdiction over and right and interest therein that it has by law
over the streets, alleys, lanes and public places laid out by it and
thereafter no action shall be brought to recover such piece, parcel
or strip of land so opened to and used by the public as aforesaid.
Any street, alley, lane or other public place reserved in the division
or subdivision into lots within the corporate limits of the city by
a plat or plan of record shall be deemed and held to be dedicated
to the public use and the council shall have authority upon the
petition of any person or corporation interested therein to open
such street, alley, lane or other public place or any portion of the
same. No agreement between, or release of interest by, persons
or corporations owning the lands immediately contiguous to any
such street, alley, lane or other public place, whether the same has
been opened or used by the public or not, shall avail or operate to
abolish such street, alley, lane or other public place or to divest the
ag of the public therein or the authority of the council over
the same.
Section 17.37. Present Master Plan and Comprehensive Zoning
Plan.—The master plan and the comprehensive zoning plan as
heretofore adopted, approved and filed, with all amendments, addi-
tions and extensions thereto, in force and effect at the effective date
of this charter, are hereby validated and confirmed as if the same
had been prepared, adopted, approved and filed in accordance with
the provisions of this chapter. Every amendment or addition thereto
or extension thereof and every other master plan or comprehensive
zoning ordinance henceforth adopted shall be in accordance with
the provisions of this chapter. Where existing ordinances are at
variance with the provisions of this chapter they shall be deemed
to be amended in accordance with the provisions of this chapter.

CHaptTer 18
ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES

Section 18.01. Acquisition, Ownership and Use of Property.—
The city shall have, for the purpose of carrying out any of its
powers and duties, power to acquire by gift, bequest, purchase or
lease, and to own and make use of, within and without the city,
lands, buildings, other structures and personal property, including
any interest, right, easement or estate therein, and in acquiring
such property to exercise, within and without the city, the right
of eminent domain as hereinafter provided in this chapter.
Section 18.02. Eminent Domain.—The city is hereby author-
ized to acquire by condemnation proceedings lands, buildings,
structures and personal property or any interest, right, easement
or estate therein, of any person or corporation, whenever in the
opinion of the council a public necessity exists therefor, which shall
be expressed in the resolution or ordinance directing such acquisi-
tion, whether or not any corporation owning the same be authorized
to exercise the power of eminent domain or whether or not such
lands, buildings, structures or personal property or interest, right,
easement or estate has already been devoted to a public use, and
whenever the city cannot agree on terms of purchase or settlement
with the owners of the subject of such acquisition because of
incapacity of such owner, or because of the inability to agree on
the compensation to be paid or other terms of settlement or pur-
chase, or because the owner or some one of the owners is a non-
resident of the State and cannot with reasonable diligence be found
in the State or is unknown.

Such proceedings may be instituted in the hustings court of the
city of Richmond, the hustings court of the city of Richmond,
Part Two, or the circuit court of the city of Richmond, if the
subject to be acquired is located within the city, or, if it is not
located within the city, in the circuit court of the county in which
it is located. If the subject is situated partly within the city and
partly within any county the circuit court of such county shall
have concurrent jurisdiction in such condemnation proceedings
with the courts of the city hereinbefore enumerated. The judge or
the court exercising such concurrent jurisdiction shall appoint five
disinterested freeholders any or all of whom reside either in the
county or city, any three of whom may act as commissioners, as
provided by law.

Section 18.03. Alternative Procedures in Condemnation.—The
city may, in exercising the right of eminent domain conferred by
the preceding section, make use of the procedure prescribed by
the general law as modified by said section or may elect to proceed
as hereinafter provided. In the latter event the resolution or
ordinance directing acquisition of any property, as set forth in the
preceding section, shall provide therein in a lump sum the total
funds necessary to compensate the owners thereof for such property
to be acquired or damaged. Upon the adoption of such resolution
or ordinance the city may file a petition in the clerk’s office of a
court enumerated in the preceding section, having jurisdiction of
the subject, which shall be signed by the city manager and set
forth the interest or estate to be taken in the property and the
uses and purposes for which the property or the interest or estate
therein is wanted. or when property is not to be taken but is likely
to be damaged, the necessity for the work or improvement which
will cause or is likely to cause such damage. There shall also be
filed with the petition a plat of a survey of the property with a
profile showing cuts and fills, trestles and bridges, if any, and a
description of the property which, or an interest or estate in which,
is sought to be taken or likely to be damaged and a memorandum
showing names and residences of the owners of the property, if
known, and showing also the quantity of property which, or an
interest or estate in which, is sought to be taken or which will
be or is likely to be damaged. There shall be filed also with said
petition a notice directed to the owners of the property, if known,
copies of which shall be served on such owners or tenants of the
freehold of such property, if known. If the owner or tenant of the
freehold be unknown or a nonresident of the State or cannot with
reasonable diligence be found in the State, or if the residence of
the owner or tenant be unknown, he may be proceeded against
by order of publication which order, however, need not be pub-
lished more than once a week for two successive weeks and shall
be posted at a main entrance to the courthouse. The publication
shall in all other respects conform to sections 6043, 6069 and 6070
of the Code of Virginia.

Upon the filing of said petition and the deposit of the funds
provided by the council for the purpose in a bank to the credit of
the court in such proceedings and the filing of a certificate of
deposit therefor the interest or estate of the owner of such property
shall terminate and the title to such property or the interest or
estate to be taken in such property shall be vested absolutely in
the city and such owner shall have such interest or estate in the
funds so deposited as he had in the property taken or damaged
and all liens by deed of trust, judgment or otherwise upon
said property or estate shall be transferred to such funds and the
city shall have the right to enter upon and take possession of such
property for its uses and purposes and to construct its works or
improvements. The clerk of the court in which such proceeding
is instituted shall make and certify a copy of the petition, exhibits
filed therewith, and orders, and deliver or transmit the same to
the clerk of the court in which deeds are admitted to record, who
shall record the same in his deed book and index them in the
name of the person or persons who had the property before and in
the, name of the city, for which he shall receive the same fees
prescribed for recording a deed, which shall be paid by the city.

If the city and the owner of property so taken or damaged agree
upon compensation therefor, upon filing such agreement in writing
in the clerk’s office of such court the court or judge thereof in
vacation shall make such distribution of such funds as to it may
seem right, having due regard to the interest of all persons therein
whether such interest be vested, contingent or otherwise, and to
enable the court or judge to make a proper distribution of such
money it may in its discretion direct inquiries to be taken by a
special commissioner in order to ascertain what persons are entitled
to such funds and in what proportions and may direct what notice
shall be given to the making of such inquiries by such special
commissioner.

If the city and the owner cannot agree upon the compensation
for the property taken or damaged, if any, upon the filing of a
memorandum in the clerk’s office of said court to that effect, signed
by either the city or the owner, the court shall appoint commis-
sioners provided for in section 4366 of the Code of Virginia or as
provided for in section 18.02, and all proceedings thereafter shall
be had as provided in sections 4366 through 4381 of the Code of
Virginia insofar as they are then applicable and are not incon-
sistent with the provisions of this and the preceding section, and
the court shall order the deposit in bank to the credit of the court
of such additional funds as appear to be necessary to cover the
award of the commissioners or shall order the return to the city
of such funds deposited that are not necessary to compensate such
owners for property taken or damaged. The commissioners so
appointed shall not consider improvements placed upon the prop-
erty by the city subsequent to its taking nor the value thereof
nor the enhancement of the value of said property by said improve-
ments in making their award.

Section 18.04. Enhancement in Value When Considered.—In
all cases under the provisions of sections 18.02 and 18.03, the
enhancement, if any, in value of the remaining property of the
owner by reason of the construction or improvement contemplated
or made by the city, shall be offset against the damage, if any,
resulting to such remaining property of such owner by reason of
such construction or improvement, provided such enhancement in
value shall not be offset against the value of the property taken,
and provided further, that if such enhancement in value shall
exceed the damage there shall be no recovery over against the
owner for such excess.

Section 18.05. Unclaimed Funds in Condemnation Cases.—
Whenever any money shall have remained for five years in the
custody or under the control of any of the courts enumerated in
section 18.02, in any condemnation proceeding instituted therein
by the city, without any claim having been asserted thereto such
court shall, where the amount is one hundred dollars or more,
cause a publication to be made once a week for two successive
weeks in a newspaper of general circulation published in the city,
setting forth the amount of such money, the source from which it
was derived and the proceeding in which it is held, and requiring
all persons having any claim to said money to appear before said
court within such time after the completion of the publication as
the court may prescribe, and establish their claim. If the sum be
less than one hundred dollars, the court shall direct the same to
be paid into the treasury of the city, and a proper receipt for the
payment taken and filed among the records of the proceeding.
If no person shall appear and show title in himself the court shall
order the money, after deducting therefrom the costs of such publi-
cation if such publication is made, and any other proper charges,
to be paid into the treasury of the city and a proper receipt for
the payment to be taken and filed among the records of the pro-
ceeding. The director of finance shall, in a book provided for the
purpose, keep an account of all money thus paid into the city
treasury, showing the amount thereof, when, by whom, and under
what order it was paid, and the name of the court and, as far as
practicable, a description of the suit or proceeding in which the
order was made and, as far as known, the names of the parties
entitled to said funds. Money thus paid into the treasury of the
city shall be paid out on the order of the court having jurisdiction
of the proceeding, to any person entitled thereto who had not
asserted a claim therefor in the proceeding in which it was held,
upon satisfactory proof that he is entitled to such money. If such
claim be established the net amount thereof, after deducting costs
and other proper charges, shall be paid to the claimant out of the
treasury at the city on the warrant of the director of finance. No
claim to such money shall be asserted after ten years from the time
when such court obtained control thereof, provided, however, if
the person having such claim was an infant, insane, or. imprisoned
at the time the claim might have been presented or asserted by
such person, claim to such money may be asserted within five
years after the removal of such disability.

CuaprTer 19
MUNICIPAL COURTS

Section 19.01. Municipal Courts—There shall be the following
municipal courts for the city:

(a) Police court.

(b) Police court, part IT.

(c) Traffic court.

(d) Civil justice court.

(e) Civil justice court, Part IT.

(f) Juvenile and domestic relations court.

Section 19.02. Appointment and Qualifications of Judges,—
Each court shall be held by a judge, who shall be appointed by the
judges of the courts of record of the city. The judge of the traffic
court shall be the same person as the judge of police court, part II.
In the event that a majority of the judges of the courts of record
are unable to agree upon the appointment of any judge, he shall
be appointed by the judge of the chancery court of the city of
Richmond. The judges of the municipal courts shall not engage
in the practice of law during the time they hold office. There shall
be similarly appointed a substitute judge for each judge of the
municipal courts, who shall serve at the pleasure of a majority of
the judges of the courts of record, and shall sit in the absence of
such judge. Orders appointing or removing the judges and substi-
tute judges shall be entered in the current order book of the
chancery court of the city of Richmond. The judges and the substi-
tute judges shall receive such compensation as the council shall
fix which shall be paid by the city. An attorney appointed as
substitute judge may continue to practice law.

Section 19.03. Terms.—The terms of office of the judges shall
be six years. The police justice in office at the effective date of
this charter shall be the judge of the police court until the expira-
tion of his term of office, and shall have all the powers and juris-
diction and shall perform all the duties prescribed in this chapter
for the judge of the police court. The police justice of police court,
part II, in office at the effective date of this charter, shall be the
judge of police court, part II, and of the traffic court until the
expiration of his term of office and shall have all the powers and
jurisdiction and shall perform all the duties prescribed in this
chapter for the judge of police court, part II, and for the judge
of the traffic court. The civil justice in office at the effective date
of this charter shall be the judge of the civil justice court until
the expiration of his term of office and shall have all the powers
and jurisdiction and shall perform all the duties prescribed in this
chapter for the judge of the civil justice court. The civil justice
number two in office at the effective date of this charter shall be
the judge of the civil justice court, part II, until the expiration of
his term of office and shall have all the powers and jurisdiction
and shall perform all the duties prescribed in this chapter for the
judge of the civil justice court, part II. The judge of the juvenile
and domestic relations court in office at the effective date of this
charter shall be the judge of the juvenile and domestic relations
court until the expiration of his term of office and shall have all
the powers and jurisdiction and shall perform all the duties
prescribed in this chapter for the judge of the juvenile and domestic
relations court. Thereafter the judges of the municipal courts shall
be appointed as provided in this chapter. The judges shall remain
in office, unless sooner removed, until their successors are appointed
and qualify. Each substitute judge or justice in office at the
effective date of this charter shall be the substitute judge of the
successor court until another substitute judge for such court has
been appointed as provided herein.

Section 19.04. Vacancies.——A vacancy occurring in the office
of judge shall be filled by the judges of the courts of record of the
city for the unexpired term and, in the event that a majority of
the judges of the courts of record are unable to agree upon the
appointment, it shall be filled by the judge of the chancery court
of the city of Richmond. Until a vacancy is filled, the substitute
judge shall hold the court.
Section 19.05. Removal.—Any judge of a municipal court may
be removed from office in accordance with the provisions of
sections 2705 and 2706 of the Code of Virginia, as amended.

Section 19.06. Jurisdiction of Police Court.—The police court
and judge thereof shall succeed, replace, and have the same juris-
diction, powers and duties, except as hereinafter provided, in every
respect as were possessed by the police justice or the police court
of the city of Richmond existing at the effective date of this
charter, and such other jurisdiction, powers and duties as are
conferred or imposed by this charter or by ordinance; provided,
however, the police court and the judge thereof shall not have
jurisdiction of offenses of which the traffic court has jurisdiction.
The territorial jurisdiction of the police court and the judge thereof
shall include the entire area bounded by the corporate limits of the
city, including the capitol square or any housing or other authority
within the city.

Section 19.07. Appeals from Police Court.—There shall be an
appeal of right to. the hustings court of the city of Richmond from
any judgment rendered in the police court, in the same manner,
under the same conditions and by the same procedure as were
prescribed for appeals from the police justice or police court of the
city of Richmond at the effective date of this charter.

Section 19.08. Jurisdiction of Police Court, Part II.—The police
court, part II, and the judge thereof, shall succeed and replace
the police court, part II, of the city of Richmond and the police
justice thereof existing at the effective date of this charter and
shall have concurrent criminal jurisdiction and the same powers
and duties as the police court with respect to all offenses committed
in that portion of the city lying on the south side of the James
River. It shall have civil jurisdiction concurrent with the civil
justice court whenever the cause of action or any part thereof
arises or one or more of the defendants reside in that portion of
the city lying on the south side of the James River.

Section 19.09. Appeals from Police Court, Part II.—All appeals
from judgments rendered in the police court, part II, shall be to
the hustings court of the city of Richmond, part Two. Appeals in
criminal cases and in cases involving violation of ordinances shall
be taken in the same manner, under the same conditions and by
the same procedure as appeals from the police court to the hustings
court of the city of Richmond. Appeals in civil cases shall be taken
in the same manner, under the same conditions and by the same
procedure as appeals from the civil justice court to the law and
equity court of the city of Richmond.

Section. 19.10. Jurisdiction of Traffic Court.—The traffic court
and the judge thereof shall succeed, replace and have the same
jurisdiction, powers and duties with respect to the general conduct
of the court and the trial of all offenses against the Motor Vehicle
Code of Virginia, and the Virginia Operators and Chauffeurs
License Act, and ordinances and administrative regulations of the
city adopted in accordance therewith, as were possessed by the
police court of the city of Richmond and the police justice thereof
or police court, part II, of the city of Richmond and the police
justice thereof at the effective date of this charter; the territorial
jurisdiction of the traffic court and the judge thereof shall include
the entire area bounded by the corporate limits of the city, including
the capitol square or any housing or other authority within the city.

Section 19.11. Appeals from Traffic Court——There shall be an
appeal of right to the hustings court of the city of Richmond from
any judgment rendered in the traffic court, in the same manner,
under the same conditions and by the same procedure as appeals
from the police court.

’ Section 19.12. Jurisdiction of Civil Justice Court.—The civil
justice court and the judge thereof shall succeed, replace and have
the same jurisdiction, powers and duties in every respect as were
possessed by the civil justice or the civil justice court at the
effective date of this. charter. The territorial jurisdiction of the
civil justice court and the judge thereof shall include the entire
area bounded by the corporate limits of the city, including the
capitol square or any housing or other authority within the city.

Section 19.13. Jurisdiction of the Civil Justice Court, Part IT.
—tThe civil justice court, part II, and the judge thereof shall suc-
ceed, replace and have the same jurisdiction, powers and duties in
every respect as were possessed by the civil justice number two
or the civil justice court, part II, at the effective date of this
charter. The territorial jurisdiction of the civil justice court, part
II, and the judge thereof shall include the entire area bounded by
the corporate limits of the city, including the capitol square or any
housing or other authority within the city.

Section 19.14. Appeals in Civil Cases—Appeals from judg-
ments rendered in the civil justice court and the civil justice court,
part IT, shall lie to the law and equity court of the city of Richmond,
and the law and equity court of the City of Richmond,
Part Two, in the same manner, under the same conditions and by
the same procedure as were prescribed for appeals from the civil
justice courts of the city of Richmond and the justices thereof
at the effective date of this charter.

Section 19.15. Removal of Civil Cases.—In any civil case insti-
tuted in the civil justice court, civil justice court, ‘part II, or police
court, part II, the defendant may remove the case to the same court
of record, in the same manner, under the same conditions, and
circumstances, and by the same procedure as were prescribed for
the removal of such cases from the civil justice courts, police court,
part II, of the city of Richmond or the justices thereof at the
effective date of this charter.
Section 19.16. Jurisdiction of Juvenile and Domestic Relations
Court and Appeals Therefrom.—The juvenile and domestic rela-
tions court and the judge thereof shall succeed, replace and have
the same jurisdiction, powers and duties in every respect as were
possessed by the juvenile and domestic relations court and the
judge thereof existing at the effective date of this charter. Appeals
from judgments rendered in the juvenile and domestic relations
court shall lie to the same courts under the same circumstances
and conditions, and in the same manner and by the same pro-
cedure as were prescribed for appeals from the juvenile and
domestic relations court at the effective date of this charter.

Section 19.17. Transition Provisions——All matters pending in
the police court of the city of Richmond or before the police justice
thereof at the effective date of this charter, except such as are
within the jurisdiction of the traffic court, shall be transferred to
the police court without other change in status. All matters pending
in the police court, part II, of the city of Richmond, or before
the police justice thereof at the effective date of this charter,
except such as are within the jurisdiction of the traffic court, shall
be transferred to the police court, part II, without other change in
status. All matters pending in the police court of the city of Rich-
mond and police court, part II, of the city of Richmond or before
the police justices thereof at the effective date of this charter which
are within the jurisdiction of the traffic court shall be transferred
to the traffic court without any other change in status. All matters
pending in the civil justice court of the city of Richmond or before
the civil justice thereof at the effective date of this charter shall
be transferred to the civil justice court without other change in
status. All matters pending in the civil justice court, part II, of the
city of Richmond, or before the civil justice number two at the
effective date of this charter, shall be transferred to the civil
justice court, part II, without other change in status. All matters
pending in the juvenile and domestic relations court of the city
of Richmond or before the judge thereof at the effective date of
this charter shall be transferred to the juvenile and domestic
relations court without other change in status. All official records
of the civil justice courts, police courts and juvenile and domestic
relations courts of the city of Richmond shall be transferred to the
successor courts, respectively, established in this chapter and such
successor courts or the judges thereof, respectively, shall have the
same power and authority with respect to all matters heretofore
concluded in or disposed of by the courts which they have suc-
ceeded as would be conferred upon or exercised by such latter
courts if they were continued under this chapter; provided the
records pertaining to trafic matters shall be transferred to the
traffic court upon the request of the judge thereof.

Section 19.18. Appointment of Court Officials —The judges of
the respective municipal courts shall appoint, to hold office at their
pleasure, the clerks of their respective courts and, subject to the
provisions of chapter 9 of this charter, such bailiffs, deputy clerks
and other officers and employees as are authorized by the council;
provided that there shall be only one clerk for the civil justice
court and the civil justice court, part II, who shall be appointed
by the judges of said courts to hold office at their pleasure. The
officers and employees of the municipal courts shall receive such
compensation as shall be fixed by the council to be paid by the
city, and shall perform such duties and keep such records as shall
be required of them by the appointing judges or by the council.
The clerks and deputy clerks of the several municipal courts shall
have the same powers and duties as are conferred on the justices
of the peace in this chapter. The clerks of the police court, civil
justices courts, and juvenile and domestic relations court, in office
at the effective date of this charter shall be the clerks of the
respective successor courts until the expiration of the terms for
which they were appointed.

Section 19.19. High Constable—There shall be a high con-
stable who shall be appointed by a majority of the judges of the
civil justice court, civil justice court, part II, and of the police
court, part II, and shall hold office at their pleasure. He shall
receive stich salary as shall be fixed by the council to be paid by
the city. He shall be the ministerial officer of the civil justice court,
civil justice court, part II, and of police court, part II, in their
exercise of civil jurisdiction, and shall execute all civil process,
warrants and summonses emanating from or returnable to said
courts for service within the city, and shall have the same powers,
duties and authority as are prescribed by law for the sheriff of the
city of Richmond with respect to the execution of such process,
warrants and summonses. He shall appoint such number of depu-
ties as shall be determined by a majority of the judges of the civil
justice court, civil justice court, part II, and police court, part II,
and approved by the council. They shall hold office at the pleasure
of the high constable and shall receive such salaries as shall be
fixed by the council to be paid by the city. The high constable shall
give bond with corporate surety for the faithful performance of
the duties of his office in an amount to be fixed by a majority of
the judges of the civil court, civil justice court, part II, and police
court, part II, in no event to be less than ten thousand dollars.
The high constable in office at the effective date of this charter
shall be the high constable provided for in this section until the
expiration of the term for which he was elected, and in the event of
a vacancy occurring therein before the expiration of said term the
office of high constable shall be filled as hereinabove provided.

Section 19.20. Justices of the Peace——The judge of the hust-
ings court of the city of Richmond shall appoint such number of
justices of the peace as he deems necessary, to serve at his pleasure.
They shall have all the powers, duties and authority possessed by
the justices of the peace at the effective date of this charter, with
respect to issuance of process, warrants and summonses, admission
of persons to bail, and commitment of insane, epileptic, feeble-
minded and inebriate persons. They shall receive such salary as
shall be fixed by the council to be paid by the city. They shall
perform their duties at such places and during such hours as the
judge of the hustings court of the city of Richmond shall direct.
The justices of the peace in office at the effective date of this charter
shall be the justices of the peace provided for in this section until
expiration of the terms for which they were elected and in the
event of a vacancy occurring therein before the expiration of said
terms the vacancy may be filled only by the judge of the hustings
court if he deems it necessary.

Section 19.21. Fees—The justices of the peace shall charge
and collect for the various services rendered the same fees pre-
scribed by law for like services. The high constable shall charge
and collect for the services performed by him the fees prescribed
by law for the sheriff of the city of Richmond for like services. The
judges of the municipal courts, their clerks and deputy clerks shall
charge and collect all fees allowed by law to justices of the peace
and civil and police justices and their clerks for similar services
performed by them. All such fees collected for the respective
services rendered shall be accounted for and paid into the city
treasury at such times and in such manner as the director of finance
shall require.

Section 19.22, General—The council shall provide suitable
quarters for the several municipal courts and clerks. The courts
shall hold sessions at such times and such places as the council
may direct. The council may provide for vacations, sick leaves, and
leaves of absence for the municipal judges and other court officials.

CHaptTerR 20
MISCELLANEOUS PROVISIONS

Section 20.01. School Board.—The school board shall consist
of five trustees who shall be qualified voters of the city. The
trustees in office at the effective date of this charter are hereby
continued in office for the terms for which they were elected. On
the first Monday in June of each year the council shall elect one
trustee for a term of five years from the first day of July following
his election. Vacancies from whatever cause arising shall be filled
by the council for the unexpired portion of the term. No trustee
shall be eligible to succeed himself for more than one term. Except
as provided in this charter the school board shall have all the
powers and duties relating to the management and control of the
public schools of the city provided by the general laws of the
Commonwealth. ‘None of the provisions of this charter shall be
interpreted to refer to or include the school board unless the
intention so to do is expressly stated or is clearly apparent from
the context.

‘Section 20.02. Richmond Public Library Board.—There shall
continue to be a Richmond public library board which shall consist
of seven members. Of these members one shall be a member of the
council appointed by the council for a term coincident with his
term in the council; one shall be the superintendent of the Rich-
mond public schools; and five shall be qualified voters of the city
appointed by the council for terms of five years. The members of
the Richmond public library board previously appointed by the
mayor and in office at the effective date of this charter shall each
continue to serve as members of the board until the first of January
following the expiration of the term for which he was appointed.
Upon the expiration of such extended term his successor shall be
appointed by the council for a term of five years. Vacancies shall
be filled by the council for the unexpired portion of the term. The
Richmond public library board shall have the management and
control of the public libraries of the city and shall have such powers
and duties with respect thereto as are conferred or imposed on it
by this charter and by ordinance.

Section 20.03. Transfer of Books and Papers.—If any person,
having been an officer of the city, shall not, within ten days after
he shall have vacated or been removed from office, deliver over to
his successor in office all the property, books and papers belonging
to the city or appertaining to such office, in his pogsession or under
his control, he shall forfeit and pay to the city the sum of five
hundred dollars, to be sued for and recovered with costs. All books,
records and documents used in any such office, by virtue of any
provision of this charter or of any ordinance or order of the council
or any superior officer of the city, shall be deemed the property of
the city and appertain to said office, and the chief officer thereof
shall be responsible therefor.

Section 20.04. Enforcement of Surety Bonds.—lIn all cases
where a bond is required of any: officer such bond shall be with
corporate surety and conditioned for the faithful discharge by
himself, his deputies, assistants or other subordinates, of the duties
imposed on him by this charter and all ordinances passed in
pursuance thereof.

Section 20.05. Rules and Regulations to be Filed.—All depart-
ments, boards, commissions, officers and agencies of the city,
authorized to make rules and regulations by this or any previous
charter of the city or by the general laws of the Commonwealth,
shall immediately after the first Tuesday of September 1948 file
with the city clerk copies of all such rules and regulations previ-
ously issued by them and in force on such day and shall thereafter
file with said city clerk copies of all rules and regulations and
amendments thereof subsequently issued by them upon their
issuance. It shall be the duty of the city clerk to keep in his office
for public inspection a well indexed file of the rules and regulations
so filed.

Section 20.06. Officers Must Not Be Interested in Contracts.—
No officer or employee of the city shall be interested in any con-
tract entered into by the city with any person, firm or corporation,
but this prohibition shall not apply to nonsalaried officers or
unsalaried members of boards and commissions in respect of con-
tracts other than those in the making of which they have a part.

Section 20.07. Reprinting of Charter After Amendment.—
Within a reasonable time after the conclusion of any session of
the General Assembly and the effective date of any amendment
or amendments to this charter adopted at such session the charter
shall be reprinted as amended, in such number of copies as the
council shall order.

Section 20.08. Officers to Hold Over Until Their Successors
Are Appointed and Qualified—Whenever under the provisions of
this charter any officer of the city, judge or member of any board
or commission is elected or appointed for a fixed term, except the
mayor and vice-mayor, such officer, judge or member shall continue
to hold office until his successor is appointed and qualified.

Section 20.09. Ministerial Officer for Hustings Court, Part II.
—The sergeant of the city of Richmond shall be the ministerial
officer of the hustings court, part II, and shall perform in and for
the court the same functions and exercise the same powers that he
performs and exercises for the hustings court of the city of
Richmond.

Section 20.10. Court Rooms for Courts of Record and Office
Space for Constitutional Officers.—It shall be the duty of the.city
to provide suitable court rooms for the courts of record of the city
and suitable offices for the commissioner of revenue, city treasurer,
city sergeant, and attorney for the Commonwealth.

Section 20.11. Posting of Bonds Unnecessary.—Whenever the
general law requires the posting of a bond, with or without surety,
as a condition precedent to the exercise of any right, the city,
without giving such bond, may exercise such right, provided all
other conditions precedent be complied with, and no officer shall
fail or refuse to act because the city has not filed or executed the
bond that might otherwise be required, and the city shall be bound
to the same extent that it would have been bound had the bond
been given. i

Section 20.12. Code References.—All reference in this charter
to the Code of Virginia are to such code as amended to May 1, 1947.

Section 20.13. Severability—If any provision of this charter or
the applicability thereof to any person or circumstance is held
invalid the remainder of this charter and the applicability thereof
and of such provision to other persons or circumstances shall not
be affected thereby.

Section 20.14. Meaning of “At the Effective Date of This
Charter”.—As used in this charter the term “at the effective date
of this charter” shall be interpreted to refer to a period immediately
preceding the taking effect thereof.

CHAPTER 21
TRANSITIONAL PROVISIONS

Section 21.01. Acts Repealed—There are hereby repealed: the
act of the General Assembly of Virginia, approved March 24, 1926,
entitled “An Act to Provide a New Charter for the City of Rich-
mond”, constituting Chapter 318 of the Acts of the Assembly of
1926, and all acts amendatory thereof; section 5931 of the Code of
Virginia; Chapter 90 of the Acts of the Assembly of 1926; and all
other acts and parts of acts in conflict with this charter.

Section 21.02. Present Ordinances and Rules and Regulations
Continued in Effect—All ordinances of the city and all rules,
regulations and orders legally made by any department, board,
commission or officer of the city, in force at the effective date of
this charter, insofar as they or any portion thereof are not incon-
sistent therewith, shall remain in force until amended or repealed
in accordance with the provisions of this charter.

Section 21.03. Present Mayor and Council to Continue in
Office Until the First Tuesday in September 1948.—The mayor and
members of the common council and board of aldermen in office on
the date of the passage of this charter, or their successors, shall
remain in office, with all the powers and duties possessed by them
under an act approved March 24, 1926, entitled “An Act to Provide
a New Charter for the City of Richmond”, and the acts amendatory
thereof, until the first Tuesday in September 1948, at which time
the terms of office of all of them, irrespective of the terms for
which they were originally elected, shall terminate.

Section 21.04. Continuance of Internal Organization of Depart-
ments.—Except where this charter otherwise provides, the several
bureaus, divisions and other administrative units of the depart-
ments of public safety, public works, public health, public welfare
and public utilities shall remain in the department in which they
were located at the effective date of this charter until otherwise
provided by ordinance.

Section 21.05. Preliminary Meetings of the Council to Choose
a City Manager and for Other Purposes.—On the third business
day following the ascertainment of the result of the first election
of councilmen under this charter the newly elected members of
the council shall meet at ten o’clock A.M. in the council chamber
in the city hall for the purpose of considering the appointment of
a city manager and the preparation of such ordinances as may be
necessary to effectuate the transition from the present form of
government to that established by this charter. The council-elect
shall choose one of its number to be chairman and the city clerk
shall act as its secretary. It shall at its first meeting fix the times
and places at which it will hold regular meetings for the above
purposes and shall hold such adjourned and special meetings as
it may determine by majority vote of its members. The expenses
of the council-elect, including the expense of advertising for appli-
cants for the position of city manager and of interviewing and
investigating such applicants in Richmond or elsewhere shall be
paid from the city treasury on vouchers signed by the chairman
of the council-elect.

Section 21.06. Acting City Manager.—If for any reason a city
manager has not been duly appointed and taken office on the first
Tuesday in September 1948 and the council cannot on that day
agree upon the designation of an acting city manager, the director
of public works, or if there be no director of public works the
director of public safety, shall become acting city manager.

Section 21.07. Nominations and Elections in 1948.—If this
charter shall take effect too late to permit the making of nomina-
tions for the office of councilman, as provided in section 3.02 of
this charter, for an election to be held on the second Tuesday of
June 1948, the first election of councilmen under this charter shall
be postponed to and held on the second Tuesday of July 1948.

2. That section fifty-nine hundred thirty-one of the Code of
Virginia, chapter ninety of the Acts of Assembly of nineteen hun-
dred twenty-six, approved March two, nineteen hundred twenty-six,
chapter three hundred eighteen of the Acts of Assembly of nineteen
hundred twenty-six, approved March twenty-four, nineteen hun-
dred twenty-six, and all amendments thereto be, and the same
hereby are, repealed.

3. Effective Dates of this Charter—Declaration of Emergency.
—An emergency exists and this act shall be in force from its
passage and all of its provisions shall become effective on and after
the first Tuesday in September 1948, except Chapter 3 and sections
21.03, 21.05 and 21.07 which shall become effective from and after
the passage of this act.