CHAPTER 582

AN ACT to consolidate, subject to certain conditions, the county
of Warwick, the county of Elizabeth City, including the town
of Phoebus, the city of Hampton, and the city of Newport
News, or certain of such political subdivisions and to pro-
vide, subject to certain conditions, a charter for the consoli-
dated city of Virginia, Virginia.

[H 185]
Approved April 11, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. Incorporation.—If the qualified voters of the county of
Warwick, the county of Elizabeth City, including the town of
Phoebus, the city of Hampton and the city of Newport News, vot-
ing at an election called for the purpose pursuant to the provisions
of Article 4 of Chapter 9 of Title 15 of the Code of Virginia, shall
approve the consolidation of such counties, town and cities into a
single city pursuant to a consolidation agreement submitted by the
governing bodies of the respective counties, town and cities, then
the charter provided by this act shall become effective as herein
provided.

Effective on such date as may be Hensemnimad by the judges
of the corporation and circuit courts having jurisdiction as pro-
vided by law, the County of Warwick, the County of Elizabeth
City, the Town of Phoebus, the City of Hampton, and the City
of Newport News, are hereby consolidated into a single city. All
the territory contained within the present boundaries of the
City of Newport News, the City of Hampton, the Town of
Phoebus, the County of Elizabeth City, and the County of War-
wick, as the same now are or may hereafter be established by law,
shall be deemed and taken as the City of Virginia, and said
boundaries shall be construed to embrace all wharves, docks and
other structures of every description that have been or may here-
after be erected along said waterfront, and the inhabitants of the
City of Virginia for all purposes for which towns and cities
are incorporated in this Commonwealth, shall continue to be a
body politic in fact and in name, under the denomination of the
City of Virginia, and as such, shall have, exercise, and enjoy
all the rights, immunities, powers and privileges conferred upon
cities by law; but subject to all laws now in force and hereafter
enacted for the government of cities of the first class and be sub-
ject to all duties and obligations now incumbent upon and per-
taining to said city as a municipal corporation. Said city 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. The five political subdivisions
forming the city shall hereafter be known as boroughs and each
borough shall bear the name of the city, county or town from
which it originated. Said boroughs shall serve as election districts
and for such other purposes as authorized by this charter and the
laws of the Commonwealth of Virginia.

§ 2. Form of Government.—The municipal government pro-
vided by this charter shall be known as the “council-manager
government”. The administration and government of the city shall
be vested in one body to be called the Council of the City of
Virginia, and one administrative officer to be styled the city
manager and such other bodies and officers hereinafter provided
for. The city council, subject to the limitations of the State Con-
stitution, the general laws of the Commonwealth and this charter,
shall enact local legislation, adopt budgets, determine policies, and
appoint the city manager who shall execute the laws and admin-
ister the government of the city.

§ 3. The municipal officers of the city shall consist of seven
(7) councilmen, a city clerk, city auditor, city attorney, police
justices, civil justices, city treasurer, clerks of all courts of record,
city sergeant, commissioner of the revenue, justices of the peace,
a constable, and a commonwealth’s attorney. The sergeant, com-
monwealth attorney, clerks of the courts of record, commissioner
of the revenue, treasurer and constable, shall be elected and serve
as now provided bv the Constitution and laws of the Common-
wealth, and this charter. The mayor and all other municipal
officers of said city, before entering upon the duties of their
respective offices, shall be sworn in accordance with the laws
of the state by anyone authorized to administer oaths under the
laws of the state. If any person elected or appointed to any office
in said city shall neglect to take such oath before the day on which
he is to enter upon the discharge of the duties of his office, or shall
for twenty days after the beginning of his term of office, fail to
give such securities as may be required of him by the council, he
shall be considered as having declined said office, and the same
shall be declared vacant, and such vacancy shall be filled as pre-
scribed in this act.

§ 4 Powers of City: 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 ex-
pressly 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 said 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.

§ 5. Term of Office of Councilmen; Nomination.—The city
council shall be elected on a general ticket from the city at large
and not by wards or boroughs, and shall serve for a term of four
years from the first day of September next following the date of
their election and until their successors shall have been elected
and shall qualify; provided, however, that they shall be subject to
recall in accordance with the provisions of this charter, and pro-
vided further, that at the first election hereunder, four of the
councilmen shall serve for four years and three of the councilmen
shall serve for two years. Those who shall serve for four years
and those who shall serve for two years shall be determined by lot.
All candidates for the office of council shall be nominated by peti-
tion. The qualified voters in each borough of the city shall nomi-
nate candidates from which one shall be elected at the general
election as a member of the city council from each borough. Candi-
dates at large for the office of council shall be nominated by peti-
tion of the qualified voters of the city at large from which two
shall be elected at the general election as members of the city
council. A nominating petition shall conform substantially to the
following requirements:

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

(b) Petitions for candidates from the city at large shall be
signed by at least two hundred qualified electors of the city. Peti-
tions for candidates from each borough shall be signed by at least
one hundred qualified electors of the borough. No candidate shall
run a8 a councilman at large and to represent a borough at the
same time.

(c) Such petitions shall not be circulated nor shall it be signed
by any elector, more than fifty days prior to the day of such elec-
tion, and each person signing shall place the date of the signing
thereon opposite his signature, and such petition shall be filed
with the clerk of the corporation court of said city not less than
thirty days previous to the day of election.

Any person whose name has been submitted for candidacy by
any such petition shall file his acceptance of such candidacy with
the clerk of the corporation court of said city at least twenty days
previous to the date of such election; otherwise his name shall not
appear on the ballot. The filing of such acceptance shall be deemed
equivalent to the filing of notice of candidacy under the general
election laws of the state and no other notice of candidacy need
be given by the person filing same.

There shall be printed on the ballots to be used in any muni-
cipal election for councilmen the names of all candidates who have
been nominated by petition as herein provided.

The ballots shall contain in separate columns the names of the
candidates from the boroughs and the candidates from the city at
large. The ballots used in all elections of councilmen shall be with-
out party marks or designations. There shall be elected from each
borough one member to the city council. Two members of the
council shall be elected from the city at large. Each elector shall
vote for not more than one candidate from each borough and not
more than for two candidates from the city at large. No elector
shall cast more than one vote for the same person; but a voter
may write in the name of another person and cast his vote there-
for. The candidate for election from each borough receiving the
highest number of votes shall be declared elected. The candidates
for election to represent the city at large, equal in number to the
places to be filled, receiving the highest number of votes, shall be
declared elected.

No candidate for the office of councilman shall promise any
money, office, employment or other thing of value to secure a
nomination or election or expend in connection with his candidacy
any money, except as permitted by the general election law of the
state; and any such candidate violating this provision shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not exceeding five hundred dollars or im-
prisonment for a term not exceeding six months, either or both,
in the discretion of the jury, and shall forfeit his office, if elected;
in which event the office so vacated shall be filled by the council
until the next regular or special election of councilmen as provided
for herein.
Any member of the council may be recalled and removed from
office by the electors by the following procedure: A petition for the
recall of the councilman or councilmen designated, signed by at
least two hundred of the electors of the city, and containing a state.
ment in not more than two hundred words of the grounds of the
recall, shall be filed with the city clerk, who shall forthwith notify
the councilman or councilmen sought to be removed, and such
councilman or councilmen may, within five days after such notice,
file with said clerk a defensive statement in not exceeding two
hundred words. The said clerk shall, immediately upon the expira-
tion of said five days, cause sufficient printed or typewritten copies
of such petition, without the signatures, to be made; and to each
of them he shall attach a printed or typewritten copy of such
defensive statement or statements, if any such shall have been
furnished him within the time provided. He shall preserve the
original petition in his office and shall cause one copy of such
petition, together with a copy of the defensive statement, if any,
attached thereto, to be coveniently placed in his office, and shall
provide facilities for there signing the same; he shall also cause
one copy, with a copy of the defensive statement, if any, attached
thereto, to be placed in each of the several fire engine houses of the
city and shall provide facilities for there signing the same, and for
the proper custody thereof. The said clerk shall immediately cause
notice to be published in some newspaper of general circulation,
published in the city, of the places where the said copies may be
found and of the time within which the same may be signed. The
said copies of such petition shall remain on file in the several places
designated, for a period of thirty days, during which time any
one of them may be signed by any elector of the city, including those
who signed the original petition. At the expiration of said period
of thirty days, the city clerk shall assemble all of said copies, and
shall file the same as one instrument with the clerk of the corpo-
ration court of said city, who shall examine the same and ascertain
and certify thereon whether the persons whose names are signed
thereto are qualified voters of said city, equal in number to twenty-
five per cent of the number of electors who cast their votes at the
last preceding regular municipal election for the election of council-
men. If such signatures do amount to such percentage the clerk of
the corporation court of said city shall at once serve notice of that
fact upon the councilman or councilmen, designated in the petition.

If the councilman or councilmen, or any of them designated in
such petition, file with the city clerk, within five days after the
last mentioned notice from the clerk of the corporation court of
said city, his or their written resignation or resignations, the said
city clerk shal] at once notify the clerk of the corporation court of
said city of that fact, and such resignation or resignations shall be
irrevocable and shall be filed and preserved in the office of the city
clerk and the council shall proceed to fill the vacancy or vacancies,
subject to the provisions of this act.

In the absence of notice from the city clerk that such resigna-
tion or resignations have been filed as aforesaid, the clerk of the
corporation court of said city shall, upon the expiration of said
period of five days, forthwith present to said court, or the judge
thereof in vacation, the said copies, together with the certificate as
to the percentage of qualified voters whose names are signed thereto,
and together with a certificate as to the date of the service of the
notice given by him to the councilman or councilmen designated in
the petition, as above provided. And thereupon the said court, or
the judge thereof in vacation, shall forthwith enter an order calling
and fixing a date for holding a recall election for the removal of
the councilman or councilmen named in the said petition who have
not resigned as aforesaid. Any such election shall be held not less
than thirty, nor more than sixty days after the date of the entering
of said order. If any other election is to be held within the said
period, the said court, or the judge thereof in vacation, shall direct
that the said recall election be held at the same time.

The ballots of such recall election shall conform to the fol-
lowing requirements, with respect to each person whose removal
is sought, the question shall be submitted:

“Shall (name of person) be removed from the office of council-
man by recall?”

Immediately following such question, there shall be printed on
the ballots the following propositions, in order here set forth:

“For the recall of (name of person).”
“Against the recall of (name of person).”

In any such election, the voters shall mark as prescribed by
law the proposition he wishes to vote for. In any such election,
if the majority of the votes cast on the question of the removal of
any councilman are for recall, such councilman shall be deemed
removed from office upon the ascertainment and certification of the
result of such election by the commissioners of election, and the
vacancy or vacancies caused by such recall shall be filled by the
remainder of the council, according to the provisions of this act.
If, however, an election is held for the recall of two or more council-
men, candidates to succeed them for their unexpired terms shall
be voted upon at a special or regular election to be held within not
less than thirty days, nor more than sixty days after such vacancies
are certified to exist, said candidates shall be nominated and
elected in the manner provided for in the regular election of coun-
cilmen. If more than one councilman is removed at said recall
election, the candidates equal in number to number of councilmen
removed who received the highest number of votes, shall be declared
elected to fill the vacancies; and among the successful candidates,
those receiving the greater number of votes shall be declared elected
tor the longer term.

No proceeding for the recall of all of the members of the council
at the same election shall be defeated in whole or in part by the
resignation of any of them; but in such case, the resignation of any
or all of them, or in case they are all recalled, the judge of the
corporation court of said city shall have the power, and it shall
be his duty forthwith, to fill such vacancy or vacancies tempo-
rarily until successors are elected; and the proceedings for the
recall of the councilmen who have not resigned shall continue and
have the same effect as though there had been no resignations.

No petition to recall any councilman shall be filed within one
year after he assumes the duty of his office.

The method of removal herein provided shall not be deemed or
held to be exclusive, but is in addition to such other methods as are
now, or may hereafter, be provided by general law.

§ 6. Vacancies in Office of Councilmen.—Vacancies in the
office of councilmen, from whatever cause arising, shall be filled for
the unexpired portion of the term within sixty days of the occur-
rence of the vacancy; such vacancy shall be filled by a vote of the
people at a special election called for that purpose. Vacancies of
borough councilmen and at large councilmen shall be filled as pro-
vided in this charter for regular nominations and elections of the
councilmen.

§ 7. Election of Officers.—The council shall, prior to the first
of December next succeeding their election, and prior to the first
day of December every four years thereafter, elect a city clerk, a
city attorney and a city auditor, each of whom shall serve for a
term of four years and until his successor shall have been elected
and shall have qualified; provided however, the first election of
officers shall be held as provided in § 9 hereof.

The city council shall also appoint a citizen from each of the
five boroughs of the city, to serve on all boards and commissions
hereafter created, unless a contrary method of appointment is
otherwise provided herein.

§ 8. Officers Elected by the Voters.—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 the respective predecessors, for such terms
as are prescribed by law; provided, however, the first election of
officers shall be held as provided in § 9 herein. All such elective
officers shall be nominated and elected as provided in the general
laws of the Commonwealth. A vacancy in the office of commis-
sioner of the revenue shall be filled by the council by a majority
vote of all its members for the unexpired portion of the term. Va-
cancies 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 the clerks of courts by the judge of the corporation court;
in the office of the clerk of the circuit court by the judge of the
circuit court; in the office of the sheriff by the judge of the cor-
poration court; in the office of the atturney for the Commonwealth,
city treasurer, or city sergeant, by the judge of the corporation
court; 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. The city council shall
designate the location of the office of each of the above named
offices provided in this section and may require branch offices if
deemed necessary by the council.

§ 9. Term, Eligibility and Removal of Municipal Officers.—
The term of office of councilmen shall begin on the first day of
September succeeding their election; provided, however, the term
of office of the first council of the city shall begin on the effective
date of this charter and the first election for the office of council-
man shall be held thirty days prior to the effective date of this
charter. The terms of the first council drawing lots for a term of
two years shall end August 31 of the second year following their
election, regardless of the date they assume office and the terms
of the councilmen drawing lots for four years shall end August 31,
of the fourth year following their election, regardless of the date
they assume office. Thereafter elections for council shall conform
to the provisions of this charter.

The term of officers elected by the council shall begin on the
first day of January following their election. The terms of all
other elective officers shall begin on the first day of January suc-
ceeding their election except that the term of office of the clerks
of the courts of record shall begin coincidently with that of the
judges of said courts respectively; provided, however, the first
officers elected by the council shall assume office immediately upon
their election or as soon thereafter as may be possible; and the term
of all other officers shall begin upon the effective date of this charter.
The election of the first officers other than those elected by the
council shall be held thirty days prior to the effective date of this
charter but pursuant to the terms hereof. The terms of all said
officers shall end on December 31 of the fourth year following
their election, except the clerks of the courts of record. Elections
thereafter shall conform to the provisions of this charter and the
laws of the Commonwealth of Virginia.

No person shall be eligible to hold any municipal office in said
city unless he is a qualified voter thereof, nor shall any person be
capable of holding at the same time, more than one of the offices
mentioned in this act to be elected by the people; and removal from
the city of anyone holding a municipal office shall vacate said office.
All officers provided for in this act and all officers appointed
by the council shall, before entering upon the discharge of their
duties, execute bond, payable to the City of Virginia, in such
penalty as said council may prescribe, conditioned for the faithful
discharge of their respective duties; all sureties to be residents of
the Commonwealth of Virginia, or well known and responsible
surety companies as the council may elect.

The officers elected by the council may be removed from office
for cause after a proper investigation and hearing. In case of any
vacancy occurring in any municipal office filled by the council,
wherein it is not otherwise herein provided, the said council shall
appoint a qualified person to fill said office for the unexpired term.

§ 10. City Treasurer.—There shall be one city treasurer who
shall hold office for a period of four years, and until his successor
be elected and qualified, unless sooner removed from office. He
shall give bond with sureties in such amount as the council may
determine, said bond to be approved by the council and entered
upon the journal and filed in the office of the city clerk.

The city treasurer shall receive all money belonging to the
city, and shall keep his books and accounts in such manner as the
council may prescribe, and such books and accounts shall be sub-
jected to the inspection of the city auditor, the city manager or the
director of finance.

The treasurer shall collect and receive all taxes and assess-
ments which may be levied by the said city, and perform such other
duties as may hereafter be prescribed and ordained by the council.

The treasurer shall be required to keep all money in his cus-
tody belonging to the city upon deposit in some safe banking insti-
tion in the City of Virginia, and such moneys shall be deposited
to his credit as treasurer of the City of Virginia; and he is
hereby expressly prohibited from using, directly or indirectly, the
corporation money or warrants in his custody or keeping for his
own benefit or use, or that of any person or persons whomsoever;
and any violation of this provision shall be deemed a malfeasance
in office, for which he may be removed by proceedings instituted
in the corporation court of said city.

The treasurer shall receive such salary as provided by law.

No money shall be paid out except upon warrants of the audi-
tor. All money to be paid to the treasurer of the city, except taxes
and other assessments, as the council may ordain, shall be paid by
the person liable to pay the same, or his agent, to the treasurer in
the following manner: A warrant shall first be obtained from the
auditor, directed to the treasurer to receive the sum paid, specify-
ing on what account the payment is made. Upon payment of the
money to the treasurer he shall give a receipt for the same in dupli-
cate, which receipt shall be carried to the auditor, who shall en-
dorse on the original receipt the fact that a duplicate thereof has
been filed in his office, and deliver the same to the person entitled
thereto, and shall file the duplicate in his office; and no payment
made to the treasurer, unless this requirement is complied with,
shall be an acquittance of any claim on the part of the city.

The treasurer shall also report to the city auditor at the end
of each fiscal year, and more frequently if required, a full and
detailed account of all receipts and expenditures during the fiscal
year in the city treasury.

He shall keep a register of all warrants of every sort, the num-
ber, and the person to whom paid, specifying also the time of
payment.

§ 11. City Clerk.—There shall be one city clerk who shall be
elected by the council as, and for the term, herein provided and
until his successor be elected and qualified, unless sooner removed.
He shall receive such salary as shall be fixed by the council.

The said clerk shall attend the meetings of the council and keep
a record of its proceedings, and he shall be the clerk of all the com-
mittees thereof; he shall have the custody of the corporate seal and
of all official bonds taken by order of the council or under require-
ments of law; he shall keep all the papers that by the provisions
of this act, or the direction of the council, are required to be filed
with or kept by him. All records in his office to be public records
and open to inspection at any time during regular business hours.

It shall be his duty, immediately after the close of each session
of the council, to make and present to the mayor a transcript of
every ordinance, resolution or order and act of legislative character
concerning any public improvement, or for the payment of money,
and of every ordinance, resolution, order or act of legislative
character passed at such session. He shall in like manner transmit
to the auditor a transcript of all ordinances or resolutions appro-
priating money or authorizing the payment of money, the issue of
bonds or notes. He shall in like manner give notice to all persons
presenting petitions or communications to the council of the final
action of the council on such petition or communication. He shall
publish such reports and ordinances as the council is required by
this act to publish, and such other reports and ordinances as it
may direct, and shall in general perform such other acts and duties
as the council may from time to time require of him.

§ 12. Clerks of Courts of Record.—There shall be one clerk
of each court of record for said city, who shall serve for a period
of eight years, and until his successor be elected and qualified. He
shall receive in compensation for his services the fees and emolu-
ments allowed by law to clerks, and such allowances as the council
may from time to time deem just and proper.

§ 13. Commonwealth’s Attorney.—There shall be one com-
monwealth’s attorney, who shall prosecute in all criminal cases in
the corporation court of said city. He shall hold office for a term
of four years, and until his successor be elected and qualified,
unless sooner removed, and shall receive for his services such com-
pensation as may be prescribed by law, and such additional com-
pensation as the council of said city may from time to time provide.

§ 14. Commissioner of the Revenue.—There shall be one com-
missioner of the revenue, who shall hold office for a period of four
years, and until his successor be elected and qualified, unless sooner
removed from office. He shall give bond, with sureties, in such
amount as the council may determine, said bond to be approved by
the council and entered on its journal and filed in the office of the
city clerk. In case a vacancy shall occur in the office of commis-
sioner of the revenue the council shall elect a qualified person to
fill said office until the next general election which may be held
in the city, when the vacancy shall be filled by the qualified voters
for the unexpired term.

The said commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of
levying the city taxes that may be ordered by the council. He shall
keep such books, schedules and records in such manner as the
council may prescribe, or as required by the state law, which
books, records and other papers shall be subject to the inspection
of and examination of the members of the city council, the city
manager, the city auditor and the city treasurer. The commis-
sioner of the revenue shall receive for his services such compensa-
tion as may be prescribed by law.

§ 15. City Sergeant.—There shall be one city sergeant, who
shall attend the term of the corporation court for said city, and act
as the officer thereof, and shall perform such other duties as may
be prescribed by law and ordained by the city council. He shall
have charge of the city jail and shall receive such compensation
therefor as may be prescribed by law. He shall perform his duties
in connection with the jail and the control of the prisoners under
the supervision of the director of public safety.

§ 16. Constable——There shall be one constable for the city,
who shall hold his office for a term of four years, and until his
successor be elected and qualified, unless sooner removed from
Office. Said constable shall keep his office or offices in some con-
venient place in the city as may be designated by the council, and
shall receive such compensation for his services as may be allowed
by law. He shall in all civil cases have the same powers and
duties and be subject to the same penalties as are prescribed by
law for other constables, and shall perform such other duties as
the council may ordain, or as may be prescribed by the laws of the
state. The constable may appoint one or more deputies who shall
take the oath of office before the clerk of the corporation court and
shall perform the same duties as the constable, and for whose acts
the constable shall be liable.
§ 17. Justices of the Peace.—The corporation court of said
city, or the judge thereof in vacation, shall appoint for said city
one justice of the peace for each ten thousand or fraction thereof
of the inhabitants thereof, as shown by the last United States
census, but in no event less than five justices, each of whom shall
serve for a term of four years from the first day of January next
following the date of his appointment, and until his successor shall
have been appointed and qualified. The said justices of the peace
shall be selected from the five boroughs of the city. There shall
be at least one justice of the peace from each borough. All justices
of the peace in any of the political subdivisons forming the City
of Virginia shall remain in office upon the effective date of this
charter for the remainder of their respective terms and shall be
justices of the peace of the City of Virginia.

§ 18. City Attorney.—There shall be one city attorney who
shall be the director of the department of law. He shall devote
his full time to the duties of his office and shall not engage in the
private practice of law. The department of law shall consist of
the city attorney and such assistant city attorneys and other em-
ployees as may be provided by ordinances. The city attorney shall
commence and prosecute all and every suit or suits, action or
actions brought by the city for or on account of the estate, rights,
trusts, privileges, claims or demands of the same, and defend all
actions or suits brought against the city or any official thereof be-
fore any court of this Commonwealth. All matters of law to which
the city may be a party, or in anywise interested, shall be under
his supervision, direction and control, subject to the direction of
the council.

No action shall be maintained against the city for damages
for an injury to any person or property alleged to have been sus-
tained by reason of the negligence of the city, or of any officer,
agent or employee thereof, unless a written statement, verified by
the oath of the claimant, his agent or attorney, 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 be filed with the city
manager of said city within sixty days after such cause of action
shall have accrued. The city manager shall, upon receiving such
statement, make a full report of the circumstances to the city at-
tornev for appropriate action.

The city attorney shall, when requested, furnish the council,
the city manager and the head of any department with his written
opinion upon any subject which may be submitted in writing to
him.

He shall at least once in every month make a report to the city
2uditor of all moneys received by him by virtue of his office, and
immediately pay the same to the city treasurer.
§ 19. Police Justices, Civil Justices, Juvenile and Domestic
Relations Court Justices.—The trial justices, justices of police
courts, juvenile and domestice relations courts, and civil courts of
any of the political subdivisions forming the said city, holding
office on the effective date of this charter, shall continue in office
for a period of two years from its effective date, said justices shall
only have jurisdiction within the political subdivision in which
they were originally appointed or elected.

Upon the expiration of the said two year period the judges of
the courts of record of said city by majority vote shall elect, ap-
point or reappoint all justices required for the City of Virginia
The said judges shall elect or appoint at least three full time
justices and such other full time or part time justices as the
majority of the judges of the courts of record may deem necessary ;
fix their terms of office and designate the subject matter over
which each shall have jurisdiction. All justice appointees shall be
attorneys-at-law, licensed to practice law in this state for five
years, and shall, during their respective terms of office, reside in
the said city. The justices shall receive such compensation as may
be fixed by the council and shall receive no other compensation for
the performance of their duties respectively. No full time justice
shall engage in the private practice of law.

All fees, fines and other moneys, both city and state, collected
by the lower courts shall be paid daily to the director of finance.

The justices and substitute justices. may substitute one for
the other as the judges of the courts of record may determine and
direct. No substitute or part time justice shall appear as counsel
in any case, civil or criminal, pending in the civil court, police
court, or juvenile and domestic court, or in any court of record,
in any case in which he has formerly participated, in any phase
of said case, in his capacity as part time or substitute justice.

Police Justice Courts; Substitute Police Justices; Bailiffs.—
There shall be at least one police justice court and as many
branches thereof as a majority of the judges of the courts of record
may from time to time determine. Justices designated as police
justices shall hold police court in the several sections of the city
as the judges of the courts of record by majority vote may direct.

The judges of the courts of record by majority vote may, by
proper order of record, appoint as substitute police justices, per-
sons with like qualifications to the police justices and may at any
time revoke such appointments and make new appointments in
like manner in the event of such revocation, or the death, absence
or disability of any substitute police justice.

In the event of the inability of a police justice to perform the
duties of his office by reason of sickness, absence, vacation, interest
in the claim or party, or otherwise, a substitute police justice shall
perform the duties of the office during such absence or disability
and shall receive for his services such compensation as the police
justice would receive for a like period, payable out of the treasury
of the city, the amount for such services to be approved by the
corporation court. While acting as such, either the police justice
or the substitute police justice may enter judgments, grant new
trials, hear motions and perform other acts in reference to the
proceedings of the other in the same manner as if they were his
own.

The lower courts shall be open for the transaction of business
every day in the year, except Sundays and legal holidays, but the
justices shall each be allowed annually a vacation period of not
more than one month.

The justices shall be conservators of the peace within the corpo-
rate limits of the city and within one mile beyond said limits, and
within such limits shall have exclusive original jurisdiction for the
trial of all offenses against the ordinances of the city, provided
that the city shall have the right to an appeal to the corporation
court of said city from any decision of any police justice affecting
the legality or validity of any ordinance passed by the council of
the city; and said justices shall have concurrent jurisdiction with
the corporation court in all cases of the violation of the revenue
laws of the State.

The police justices shall possess all the jurisdiction and exercise
all the power and authority in criminal cases of a justice of the
peace, and, except where it is otherwise specifically provided by
law, shall have exclusive original jurisdiction for the trial of all
misdemeanor cases occurring within the corporate limits of the
city and concurrent jurisdiction with the county authorities ot
offenses committed within one mile of the corporate limits.

In the absence of the police justice and the substitute police
justice, the desk sergeant on duty at any police station shall have
the same power to admit to bail persons charged with misdemeanors
as the police justice would have if present, shall collect the fees
therefor and shall report and pay same to the officer authorized to
collect fines imposed in the police court.

The police justices may, if authorized by the council by ordi-
nance so to do, appoint a bailiff for their respective courts, who shall
hold their respective offices until removed by the police justice.
Each bailiff shall have charge of the police court room for which he
is appointed, the office and furniture and other property contained
therein and be held responsible for the safe-keeping and proper
attention of the same. Each bailiff shall attend all courts of the
police justice appointing him and perform such other services as
may be required of him by the police justice. Each bailiff shall
have the power and authority of a police officer and shall receive
for his services such compensation as the council of the city shall
fix, to be paid out of the city treasury. The council shall provide
a suitable court room and office for each police justice and shall
furnish all necessary furniture, books and stationery. Such books
shall be under the control of the police justice, but shall remain
the property of the city.

The records of each police justice shall be kept in the manner
prescribed by the council of said city.

Provided, that in the event an additional police justice or
police justices be appointed as authorized in this act, then and in
that event such additional justice or justices shall preside over
such sections or sessions of said police court as may be provided
by ordinance of the city council and shall have and exercise all the
powers and jurisdiction conferred on the police justice by this act.
Such additional justice or justices shall have all the qualifications
prescribed by this act for the police justice and shall receive such
compensation as may be fixed by the city council and no other.

Judge of Juvenile and Domestic Relations Court; Substitute
Judges; Additional Judge or Judges.—There shall be at least one
juvenile and domestic relations court and as many branches thereof
as the judges of the courts of record by majority vote may, from time
to time, determine. The said judge or judges of the juvenile and
domestic relations courts of the City of Virginia shall pre
side over the juvenile and domestic relations courts of the City of
Virginia to be held in such places as shall be designated by
the judges of the courts of record and open for the transaction of
business every day in the year except Sundays and legal holidays
unless otherwise provided by ordinance of the city, but such just-
ices shall be allowed a vacation period of not more than one month
in each year.

The said judges of the juvenile and domestic relations courts
shall be elected or appointed in the manner provided herein, shall
conform to, exercise the jurisdiction conferred, and shall be in
all matters governed by §§ 16-130 to 16-172, both inclusive, of the
Code of Virginia.

The substitute justices of the juvenile and domestic relations
court shall be appointed as herein prescribed for the appointment
of the justices.

Such additional judge or judges shall have all the qualifica-
tions prescribed by this act for the judge of the juvenile and
domestic relations court and shall receive such compensation as
may be fixed by the city council and no other.

Civil Justices; Substitute Civil Justices; Jurisdiction; Judg-
ments; Appeal; Dismissal; Fees; Clerk.—There shall be at least
one civil justice. Such civil justices shall receive such salary as
the council may fix, to be paid in monthly installments out of the
city treasury, and they shall receive no other compensation for
their services as such justices; provided, however, that no install-
ment of their salary shall be paid except upon their certificate in
writing that they have disposed of all cases which have been sub-
mitted to them for disposition more than thirty days previous to
the date upon which said installments fall due.

The judges of the courts of record, may, by proper order of
record, appoint as substitute civil justice or justices, a person or
persons with like qualifications to the civil justice, and may at any
time revoke such appointment and make new appointments in like
manner in the event of such revocation, or the death, absence or
disability of such substitute civil justice. In the event of the in-
ability of any civil justice to perform the duties of his office by
reason of sickness, absence, vacation, interest in the claim or
party, or otherwise, such substitute civil justice shall perform the
duties of the office during such absence or disability and shall re-
ceive for his services such compensation as the civil justice would
receive for a like period, payable out of the treasury of the city,
the amount for such services to be approved by the corporation
court.

While acting as such, either the civil justices or the substitute
civil justices may enter judgments, grant new trials, hear motions
and perform other acts in reference to the proceedings of the other
in the same manner as if they were their own.

Provided, that in the event an additional civil justice or civil
justices be appointed as authorized in this act, then and in that
event such additional justice or justices shall preside over such
sections or sessions of said civil court as may be determined by the
judges of the courts of record as herein provided and shall have
and exercise all the powers and jurisdiction conferred on the civil
justice by this act. Such additional justice or justices shall re-
ceive such compensation as may be fixed by the city council and
no other.

The civil justice courts shall be presided over by civil justices
and held in such places as shall be designated by the judges of the
courts of record and open for the transaction of business every
day in the year except Sundays and legal holidays, unless other-
wise provided by ordinance of the city; but such justices shall be
allowed a vacation period of not more than one month in each year.

The said civil justices shall have exclusive original jurisdiction
of any claim to specific personal property or to any debt, fine or
other money or to damages for breach of contract or for any in-
jury done to property real and personal, or for any injury to the
person which would be recoverable by action at law or suit in
equity when the amount of such claim does not exceed twenty
dollars, and concurrent jurisdiction with the circuit and corpora-
tion courts of said city of any such claim when the amount thereof
exceeds twenty dollars but does not exceed one thousand dollars.
The said civil justices shall also have jurisdiction in actions
of unlawful entry and detainer in cases provided for in sections
8-789 to 8-791, both inclusive, of the Code of Virginia.

The said civil justices shall have jurisdiction to hear and de
termine cases under § 55-91 of the Code of Virginia, where the
amount of value does not exceed one thousand dollars, and the
proceedings before the said civil justices to be the same as pre
scribed by said section before a justice of the peace.

The said civil justices shall also have jurisdiction to try and
decide attachment cases where the amount of the plaintiff’s claim
does not exceed one thousand dollars, and the proceedings on any
such attachment shall conform to the provisions of chapter 24 of
the Code of Virginia, save when an attachment other than under
§ 8-566 of the Code of Virginia, is returned and executed, and
the defendant has not been served with a copy thereof, the said
civil justices, upon affidavit in conformity with § 8-71 of the Code
of Virginia, shall forthwith cause to be posted at the front door
of the courthouse of said city a copy of the said attachment,
and shall file a certificate of the fact with the papers in the
case, and in addition to the said posting, the plaintiff in said
attachment or his attorney, shall give to the clerk of the said
civil justice the last known address or abode of the said defendant,
verified by affidavit, and the said clerk shall forthwith mail a copy
of the said attachment to the said defendant at his or her last
known address or place of abode; or, if said defendant be a cor-
poration, at its last known address, and the mailing of the said
copy aforesaid shall be certified by the said clerk in writing and
such certificate shall be filed with the papers in the case, and after
the said copy of the attachment has been so posted and mailed,
as aforesaid, for fifteen days, the said civil justice may proceed to
try and decide the said attachment.

The said civil justices shall have original exclusive jurisdiction
in the trial of all distress warrants where the amount in contro-
versy does not exceed the sum of one thousand dollars and all
officers who may execute such warrants of distress in the said city
shall make return of the same together with any bond, bonds, or
affidavit taken in connection therewith to the said civil justice
court within sixty days after the same may have come to his hands
and thereafter proceedings shall be had in said civil court as now
provided by law in courts of record under chapter two hundred
and seventy-three, Code of Virginia, nineteen hundred and nine
teen, as now or hereafter amended.

The civil justices shall have the power and jurisdiction in any
action or suit pending in said civil justice court wherein an infant,
idiot, or lunatic is a party, to approve and confirm a compromise
of the matters in controversy on behalf of such infant, idiot, or
lunatic, if said compromise shall be deemed to be to the interest of
the infant, idiot or lunatic; and any order or decree approving
and confirming any such compromise shall be binding upon such
infant, idiot or lunatic, except that the same may be set aside for
fraud; and any such infant shall not be allowed to attack and set
aside any such order or decree, unless he shall proceed to do so
within six months after coming of age.

The said civil justices may issue summonses provided by sec-
tion sixty-five hundred and three, Code of Virginia, nineteen hun-
dred and nineteen, as now or hereafter amended, when the fieri
facias upon any final judgment heretofore or hereafter rendered
was issued by them respectively.

Neither the police justice nor any other justice of the peace in
said city shall hereafter exercise such jurisdiction as herein con-
ferred upon the civil justice. Any warrant within the jurisdiction
above conferred may be issued by any justice of the peace of said
city except the civil justice and police justice, but when so issued
all civil warrants shall be returnable only before such civil justice
for trial and determination.

All procedure before the civil justices, except so far as herein
otherwise provided, shall conform to the chapter of the Code of
Virginia, nineteen hundred and nineteen, as now or hereafter
amended, concerning warrants for small claims, except that either
party may require the adverse party to file the particulars of his
claim or the grounds of defense, as provided by general laws, and
except that the proceedings in a case wherein an infant or insane
person is a party shall not be stayed because of such infancy or
insanity, but the civil justice before whom such suit is pending,
shall appoint some discreet and competent attorney-at-law as
guardian ad litem to such infant or insane defendant, whether such
defendant shall have been served with process or not; or, if no such
attorney be found willing to act, the civil justice shall appoint
some other discreet and proper person as guardian ad litem, who
shall faithfully represent the interest or estate of the infant or
insane person for whom he is appointed; but the said guardian ad
litem so appointed shall not be liable for costs.

Any person entitled to maintain an action at law or proceed
by civil warrant as above set out before said civil justices, may,
in lieu of such action at law or civil warrant, proceed by motion
before said civil justices after not less than five days’ notice, which
notice shall be in writing, signed by the plaintiff, or his attorney,
and shall be returned to the said civil justice on the return day
»f same, and when so returned shall be forthwith filed and the date
noted thereon, and upon payment of the trial fees as herein pro-
vided, shall be duly docketed and proceedings thereafter shall be
the same as upon warrants for small claims. The said notice shall
-ontain a brief informal statement of the plaintiff’s claim. All
such motions shall be served only by the high constable or sergeant
of said city.

Any civil action, within the jurisdiction conferred upon the
said civil justices, may be brought in said civil justice courts when
the cause of action, or any part thereof, arose in said City of
Virginia, although neither the defendant nor any one of the
defendants reside thereih, by warrant or notice of motion return-
able before the civil justice thereof; any such warrant or notice
of motion may be directed to a constable, sheriff or sergeant of any
county or city wherein the defendant resides or may be found; but
no such warrant or notice of motion shall be served or executed
in any county or in any other city than the City of Virginia
unless it be (a) an action against a corporation, (b) an action
upon a bond taken by an officer under authority of some statute,
(c) an action to recover damages for a wrong, or (d) an action
against two or more defendants on one of whom such warrant or
notice of motion has been executed in the said City of Virginia,
or (e) unless it be otherwise specially provided.

The said civil justices shall have power to recognize witnesses
to appear at a subsequent date to give testimony in any case; and
to issue subpoenas duces tecum, and to punish for contempt any
failure to appear or produce the papers required. In order to pro-
cure a subpoena duces tecum the party applying therefor must
present an affidavit of himself or some other person describing the
desired papers with reasonable certainty and naming the person
who is desired to produce the same, and stating that to the best
of affiant’s belief, the papers are relevant to the trial of the case.

The civil justices rendering any judgment may issue a writ of
fieri facias thereon immediately, if there be not a new trial granted,
nor an appeal allowed, nor a stay of execution; and the said civil
justices may from time to time renew such writ either before or
after the expiration of one year from the date of judgment. The
said civil justices may grant a stay of execution in any case for
sixty days upon the defendant giving bond with sufficient surety
approved by said justice, during which time the said defendant,
or his surety, may discharge their liability by paying the total
amount due on account of said judgment including principal, in-
terest and costs to the date of payment. If such liability be not
discharged within sixty days, then, after the expiration of the said
period of sixty days, upon motion of the judgment creditor after
five days’ notice in writing to said judgment debtor and surety, the
civil justice shall enter judgment thereon against the surety and
such judgment shall be endorsed, “no security to be taken” and
shall have the same effect as a judgment rendered against a surety
on an appeal bond as herein set out.

Whenever the amount involved in any case within the juris-
diction of any civil justice court as herein provided exceeds the
sum of three hundred dollars, the said civil justice shall, at any
time within ten days after the return date of the process, provided
judgment has not been rendered but not thereafter, upon the appli-
cation of the defendant and upon the payment by him of the costs
accrued to the time of removal, writ tax and clerk’s cost of four
dollars, remove the case and all the papers thereof to the circuit
or corporation court of the said city as directed by the defendant,
or in the event of his failure so to direct to either of said courts
as the justice may elect; and the clerk of said court shall forth-
with docket said case. On the trial of the case on removal the
proceedings shall conform to section sixty hundred and forty-six
of the Code of Virginia, nineteen hundred and nineteen, as now or
hereafter amended. For the purpose of this section the amount
of the claim shall include any attorney’s fees contracted for in any
instrument sued on, but shall exclude interest and costs in all
cases.

From every judgment of said justice in claims exceeding
twenty dollars, exclusive of interest, there shall be an appeal as
of right by any party, including the City of Virginia, with-
in ten days after the rendition of such judgment to either the cir-
cuit or corporation courts of the said city, and all such appeals
shall be tried and judgment rendered as provided by section sixty
hundred and thirty-eight, Code of Virginia, nineteen hundred and
nineteen, as now or hereafter amended. No appeal shall be granted
unless and until the party applying for the same, or some one in
his behalf, except as otherwise provided by general law, has given
bond, with sufficient surety to be approved by the justice, to abide
the judgment of the court upon the appeal, if such appeal be per-
fected, or if not so perfected, then to satisfy the judgment of the
said civil justice; judgment against such surety when the appeal
is not perfected to be entered under section sixty hundred and
twenty-eight of the Code of Virginia, nineteen hundred and nine-
teen, as now or hereafter amended. No surety in such appeal bond
shall be released by the appellant being adjudicated a bankrupt at
any time subsequent to the judgment rendered by the said civil
justice, but such surety shall be entitled to make any defense on
the trial of the appeal that the appellant could have made, except
the defense of bankruptcy of the principal. The party taking such
an appeal may direct to which of said courts said appeal shall be
sent for trial where there are more than one of such courts, and
in the absence of such direction, the said civil justice may send
the same to any court having jurisdiction and the clerk of said
court, upon receipt of the papers in any such appeal, shall, upon
payment of the writ tax, forthwith docket such case in its regular
order; but if said writ tax be not paid within thirty days from the
date of the judgment, the said appeal shall thereupon stand dis-
missed, and the said judgment shall become final, and the said
papers, upon application of any party in interest, shall be returned
to the said civil justice by the clerk of the appellate court where
upon judgment shall be forthwith rendered against the surety
thereon, such judgment to be endorsed “no security to be taken”.
Appeal cases shall not have preference over other cases pending
in such appellate courts as regards the time of trial.

If any claim shall have been pending before such justice sixty
days, he shall notify the parties the same will be dismissed in ten
days thereafter unless a cause can be shown to the confrary; and
unless such cause be shown, such justice shall forthwith dismiss
such claim. All papers connected with any of the proceedings in
the trial of the cases before such civil justice, except such as may
be removed, or appealed, shall remain in the office of the civil
justice, and shall be properly indexed, filed and preserved.

At or before the time of hearing before any civil justice on
any claim, the plaintiff shall pay said civil justice a trial fee of
seventy-five cents for each hundred dollars value or fraction thereof
claimed in the warrant to the amount of three hundred dollars. In
all cases where the amount involved, exclusive of interest is over
three hundred dollars, the trial fee shall be three dollars. The
trial fee shall be taxed as a part of the costs. For other services
rendered by the said civil justices by virtue of their offices, they
shall charge the following fees:

(1) For each execution issued, the sum of twenty cents.

(2) For each summons in garnishment, the sum of fifty cents.

(3) For the first and second continuance no fee may be
charged; for each continuance after the second, twenty-five cents
shall be paid by the party asking for the same, except where the
continuance is by agreement of the parties, in which event the fee
for continuance shall be taxed as a part of the costs in the final
judgment.

(4) For each abstract of judgment, twenty-five cents.

(5) For each writ of possession in actions in detinue, fifty
cents.

(6) For each writ of possession in actions of unlawful entry
or detainer, fifty cents.

(7) For each summons and order for interrogatories, fifty
cents.

(8) For each order of sale upon judgment in attachment pro-
ceedings, fifty cents.

(9) For each order under section fifty-one hundred and ninety
of the Code of Virginia, fifty cents.

(10) For each appeal bond taken, one dollar.

(11) For each bond suspending judgment for sixty days. one
dollar.

(12) For extra copies of any writ or process, one-half of the
above fees.
(13) For laboring man’s exemption, twenty cents. _

(14) For each summons for a witness, twenty-five cents.

(15) For attesting release of judgment in judgment docket,
twenty-five cents.

(16) For certificate of release of judgment, twenty-five cents.

The said civil justices shall have the same power in matters of
contempt as are conferred on courts and judges by the general law,
but in no case shall the fine exceed fifty dollars and imprisonment
exceed ten days for the same contempt. From any such fine or
sentence an appeal shall be allowed as of right to the corporation
court of the City of Virginia, and the proceedings on such
appeal shall conform to the provisions of section forty-five hundred
and twenty-three of the Code of Virginia, nineteen hundred and
nineteen, as now or hereafter amended.

The council shall provide suitable court rooms and offices, as
the judges of the courts of record may deem necessary, for the
civil justices and shall furnish all necessary furniture, books and
stationery. Such books shall be under the control of the civil
justices, but shall remain the property of the city.

Each civil justice, whenever authorized so to do by the city
council, may appoint a clerk who shall hold office at the pleasure
of the said civil justice and shall receive such salary as may be
fixed by the council of said city. Each clerk shall be a conservator
of the peace within said city, and shall, as such clerk, issue execu-
tions, garnishments, writs of possession, summons for witnesses,
summons on interrogatories, copies of orders in attachment cases
and under section fifty-one hundred and ninety of the Code of Vir-
zinia, nineteen hundred and nineteen, as now or hereafter amended,
abstracts of judgments and all other processes and orders which
might or could be issued by the said justice himself. Said papers
shall be signed in the name of the civil justice court issuing the
same by the clerk of said court as such clerk. The said clerks shall
‘eceive no compensation for their services except the salary paid
yy the said city. Each clerk shall keep the docket and accounts
or the civil justice courts to which he is appointed, shall collect
11 fees and regularly deposit all moneys collected by him, and shall
rive bond in the sum of twenty-five hundred dollars for the faithful
erformance of his duties as such clerk. Each clerk shall make a
nonthly report to the city manager showing all fees collected by
im as such clerk and shall pay monthly into the treasury of the
‘ity of Virginia all fees collected by him. Each clerk shall
erform such further duties as may be prescribed by the civil justice,
nder whom he is serving. Each clerk shall be allowed annually a
acation period of two weeks with pay.

§ 20. City Auditor.—There shall be one city auditor who shall
e elected at the time, in the manner and for the term prescribed
1 this act. He shall be an experienced accountant, preferably one
who has had experience in municipal accounting. He shall install
and have supervision over the accounting systems of all depart-
ments and offices of the city. Such accounting systems shall show
in detail the financial transactions of all departments. So far as
is practicable, the books of financial account for all departments
shall be kept in the office of the city auditor. Accounting pro
cedure shall be devised and maintained for the city, adequate to
record in detail all transactions affecting the acquisition, custody
and disposition of values, including cash receipts and disburse-
ments. The city auditor shall cause a monthly statement to be pre
sented to the city manager and to the city council each month show-
ing the aggregate receipts and expenditures of each department of
the city for the preceding month, and such statement shall be
published by the council in such manner as they may determine.

§ 21. The Council.—The council shall consist of seven mem-
bers elected as provided in this act. Councilmen shall be qualified
electors of the city and shall serve for a term of four years from
the first day of September next following their election and until
their successors shall have been elected and shall qualify. Coun-
cilmen shall receive in full compensation for their services the sum
of $1,200 each per year. The mayor shall receive $1,500 per year.
Neither the councilmen nor the mayor shall hold any other office
of profit in the city government.

The council, after the election of members, every two years,
shall, at its first meeting on or after the first day of September
next following the date of said election, elect one of its members
to preside over its meetings, who shall be ex-officio mayor and shall
have the same powers and duties as other members of the council,
with a vote but no veto; and he shall be official head of the city
and shall perform such other duties, consistent with his office, as
may be imposed by the council, but shall have no regular adminis-
trative duties. His term of office shall be for two years. The
council, at said meeting, shall also elect a mayor protempore, who
shall serve in the absence or disability of the mayor and shall re-
ceive such additional compensation for such services as the mayor
would receive therefor if present and acting.

The council shall have authority to adopt such rules and to
appoint such officers, committees and clerks as may be proper for
the regulation of its proceedings and the convenient transaction of
its business; to compel the attendance of absent members; to
punish its members for disorderly behavior, and by vote of five-
sevenths of its members to expel a member for malfeasance or mis-
feasance in office, or gross neglect of official duty. It shall keep a
journal in which the clerk shall record the proceedings of such
session, and the same shall be properly indexed. All resolutions
and ordinances shall be signed by the presiding officer and the city
clerk and shall be recorded in a book which shall be properly in-
dexed. All ordinances of the council shall be taken judicial cog-
nizance of by all courts of this city, except courts of record,
shall be read into the evidence in all courts and in all other pro-
ceedings in which it may be necessary to refer thereto, either from
a copy thereof certified by the city clerk or from the volume of
ordinances.

The council shall meet at such times as may be prescribed by
ordinance or resolution; provided, however, that it shall hold at
least one regular meeting every two weeks. No business shall be
transacted at a special meeting, except that for which it shall have
been called, unless all members of the council attend such special
meetings or give their written consent thereto.

The mayor, any two other members of the council or the city
manager may call special meetings of the council at any time upon
at least twelve hours’ written notice to each member, served per-
sonally or left at his usual place of business or residence; but such
special meetings may be held at any time without notice, pro-
vided all members of the council attend said meeting.

The meetings of the council shall be open to the public. A
majority of the members shall constitute a quorum for the transac-
tion of business, but no ordinance shall be passed, and no resolu-
tion adopted having for its object the appropriation of money, ex-
cept by a concurrence of a majority of all the council. 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 ordinance, resolution, motion
or vote in which he, or any person, firm or corporation for which
he is attorney or agent, has a financial interest other than as a
minority stockholder of a corporation or as a citizen of the city.

§ 22. Powers of Council Generally.—The council shall have
control of the fiscal and legislative affairs of said city, and will
make such ordinances and by-laws relative to the same as it may
deem proper, and it shall likewise have power to make such ordi-
nances, by-laws and regulations as it may deem necessary to carry
out the following powers which are hereby vested in it.

To establish a market or markets in and for said city, and to
appoint necessary officers therefor; to prescribe the time and place
for holding the same; and to provide suitable buildings and grounds
therefor, and to enforce such regulations as shall be necessary and
proper to prevent huckstering, forestalling and regrating; and to
direct and provide for a census or enumeration of the population
of the city at such time or times as it may deem expedient.

To erect and provide, in or near the city, suitable workhouses,
houses of correction and reformation and houses for the reception
and maintenance of the poor and destitute; and it shall possess
and exercise authority over all beneficiaries of the poor law, or
over those who may be entitled to benefits thereunder; to appoint
necessary officers or other persons necessary to be connected with
the aforesaid institutions, and to regulate pauperism within the
limits of said city; and the council, through the agency it shall
appoint for the direction and management of the poor of the city,
shall exercise the powers and perform the duties vested by law in
overseers of the poor.

To acquire or erect and keep in order all public buildings
necessary and proper for said city; to erect and provide within
the city a city prison; and said prison shall contain such apart-
ments as shall be necessary for the safe-keeping of all persons con-
fined therein.

To purchase, or otherwise acquire, and to develop and enlarge
transportation systems, including street railway companies, bus
companies, transit companies, including rights-of-way, franchises,
rights, improvements, lands and buildings, together with all ve
hicles, street cars, buses, and other equipment relating to transpor-
tation companies of all kinds, waterworks, electric-light and/or
gas plants, within or without the limits of the city; to contract for
the use of transportation facilities, street railways, bus and transit
lines and services, and water and lights, for the use of the city and
its citizens, and to agree with the owners of any transportation
systems or utilities, and the owners of any land for the use and
purchase thereof, or to have the same condemned according to law,
for the location, extension, enlargement, or improvement of any
transportation system, waterworks, electric light or gas plants,
the rights-of-way and pipes that may be connected therewith, or
any fixtures or appurtenances thereof; and shall have the power
to protect from injury, by ordinance prescribing adequate penalties,
the transportation system, works, pipes, fixtures, and lands, or
anything connected therewith, or works, fixtures and appurte
nances or any transportation system, street railway, bus or transit
lines, or the works, fixtures, and appurtenances of water, electric
light and gas companies established under its authority or now
existing, whether within or without the limits of the city; provided
that the council shall in no way, by the exercise of the right of
eminent domain conferred by this act, interfere with the rights,
property or franchises of any chartered company now existing.

To open, to close, to improve, to widen or narrow streets,
avenues and alleys, and have them kept in good order and properly
lighted; to make sidewalks, to build bridges, culverts, and to build
or acquire sewers within the said city, or to cause to be graded,
paved or macadamized any public street, avenue or alley, or any
part thereof, which is now or may hereafter be laid out or opened
within the boundaries of said city, and to have the same set with
curbstones; and shall have the power to provide for the payment
of such improvements out of the general revenue, or by assessment
on the real estate benefited thereby; the proportion of the cost to
be paid by each to be determined by the council as in its judgment
shall seem expedient, subject to the limitations hereinafter pre-
scribed; and over any street or alley in the city, which may be
ceded, dedicated or conveyed to the city, it shall have like power
and authority as over other streets and alleys. It may prevent the
building of or remove any lawful structure, obstruction or en-
croachment, upon, over or under any street, sidewalk or alley in
said city; and may permit shade trees to be planted along said
streets; but no company and no individual shall occupy with its
or his works, or with any appurtenances thereof, the streets, side-
walks or alleys in the city, without the consent of the council,
regularly granted by resolution or ordinance, or unless otherwise
authorized by law so to do.

To prevent the unlawful cumbering of streets, sidewalks,
alleys, lanes, or bridges in the city, in any manner whatever.

To determine and to designate the route and grade of any
railroad to be hereafter laid in said city; to restrain the speed of
locomotive engines and of cars upon railroads in said city; to grant
franchises to railroads and other corporations through, along, and
under the streets of said city upon such conditions as the council
may determine; and to require the establishment of all necessary
railroad crossings within said city subject, however, to the condi-
tions, limitations and provisions provided by the general laws of
this commonwealth relative to railroad crossings.

To make provisions for and to regulate the weighing of hay,
fodder, oats, shucks, or other long forage.

It may also provide for the measuring of oats, corn, grain,
coal, stone, wood, lumber, boards, potatoes, and other articles for
sale or barter.

To require every merchant, retailer, trader, and dealer of mer-
chandise, or property of any description, which is sold by weight
or measure, to cause his weights or measures to be sealed by the
city sealer, and to be subject to his inspection; and it may impose
penalties for any violation of such ordinance.

To secure its inhabitants from contagious, infectious, or other
dangerous diseases; to establish, to erect, and to regulate hospitals:
to provide for and to enforce the removal of patients to the hospital
or hospitals established by the city, or to a private hospital or hos-
pitals; to appoint and organize a board of health for said city, and
to clothe it with authority necessary for the prompt and efficient
performance of its duties.

To require and to compel the abatement or removal of all
nuisances within said city at the expense of the person or persons
causing the same, or of the owner or owners of the grounds where-
on the same may be, and to collect said expense by suit or motion;
to prevent and to regulate slaughter-houses, soap and candle fac-
tories within said city, or to restrain the exercise of any dangerous,
offensive or unwholesome business, trade or employment therein,
and to regulate the transportation of coal and other articles
through the streets of said city.

If any ground in said city be commonly covered with stagnant
water, or if the owner or owners, occupier or occupiers thereof
shall permit any offensive or unwholesome substance to remain or
accumulate therein, after reasonable notice to said owner or
owners, occupier or occupiers, the council, if such owner or owners,
occupier or occupiers, shall fail so to do within a reasonable time,
may cause such grounds to be filled, raised or drained, or may
cause such substance to be covered or to be removed therefrom,
and may collect the expense for so doing from the owner or
owners, occupier or occupiers, or any of them (except in cases
where such nuisance is caused by the action of the city authorities
or their agents, in which case the city shall pay the expense of
abating the same), by distress and sale in the same manner in
which taxes levied upon the real estate for the benefit of the city
are authorized to be collected, or by suit or motion; provided, that
reasonable demand shall first be made upon the owner or owners,
or his or her or their agent or agents. In case of nonresident
owners, who have no agent in said city, such notice and demand
may be given and made by publication for not less than ten days
in any newspaper published in said city, all expenses of said publi-
cation to be paid by the owner or occupier as above. The occupier
of said premises shall only be compelled to pay for the same an
amount not exceeding the amount due by him for rent, and he shall
have the right to offset any amount he may have so paid against
the rent due the owner of the premises.

To direct the location of all buildings for storing gunpowder
and other combustible and explosive substances, and to regulate
the sale and use of gunpowder, firecrackers, or fireworks mann-
factured or prepared therefrom, kerosene oil, nitroglycer:ne.
camphene, burning fluid, or any other combustible material; to
regulate the exhibition of fireworks, the discharge of fire-arms, the
use of lights and candles in barns, stables and other outbuildings,
and to restrain the making of bonfires in streets and yards.

To prevent hogs, dogs and other animals from running at large
within said city, and to subject the same to confiscation, regula-
tions and taxes, as it may deem proper.

To prevent the riding and driving of horses and other animals
at any improper speed; throwing stones or engaging in any em-
ployment or sport on the streets, sidewalks or public alleys, danger-
ous Or annoying to passersby, and to prohibit and punish the
abuse and cruel treatment of horses and other animals in said
city.

To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the peace and
good order; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses;
to prevent and punish lewd, indecent and disorderly exhibitions in
said city, and to expel from the said city persons guilty of such
conduct who have not resided therein as much as one year.

To prohibit gambling, lotteries and games of chance within
said city and to provide by ordinance for the seizure and confisca-
tion for and in the name of the city, all money, paraphernalia and
devices used in gambling, lotteries and games of chance of every
description.

To prevent, forbid and punish the selling or giving away of
narcotics, liquors and intoxicating drinks to be drunk in any
public place not duly licensed, and the selling or giving to be
drunk any intoxicating drinks or liquors to any child or minor,
and the selling or giving away of cigarettes to any minor under
sixteen years of age; and for any violation of any such ordinance
it may impose fines in addition to those prescribed by the laws of
the state.

To prevent the coming into the city of persons having no
ostensible means of support, and of persons who may be dangerous
to the peace and safety of the city.

To prescribe the limits within which no buildings shall be
constructed, except of brick, stone or other incombustible material,
with fire-proof roof, and to impose a penalty for a violation of any
such ordinance; and to appoint one Or more persons to inspect
buildings, and condemn such as are unsound or unsafe.

The council is empowered to hold such lands as may have al-
ready been acquired by the City of Virginia, to be used as a
place for the burial of the dead, and to acquire, by purchase or
otherwise, such additional lands as may be necessary for that
purpose. The said council shall also have power to prescribe and
enforce all needful rules and regulations, not inconsistent with
the laws of the state, for the use, protection and preservation of
the cemetery or cemeteries; to set aside, in its discretion, by metes
and bounds, a portion thereof for the interment of strangers and
indigent poor; to divide the remainder into burial lots, and to
sell or to lease the same, and to direct and provide for the execu-
tion of all proper deeds and other writings in evidence of such sale
or lease, and to prescribe what class or condition of persons shall
be admitted to interment in the cemetery or cemeteries; and when
established or enclosed, with the property included in it or them,
shall be exempt from all state, county and municipal taxation.

Where, by the provisions of this act, the council has the
authority to pass ordinances on any subject, it may prescribe any
penalty for the violation thereof, not exceeding five hundred dol-
lars, or imprisonment in the city jail not exceeding ninety days,
either or both, and may provide that the offender, on failing to
pay the penalty imposed, shall be imprisoned in the jail of the
city for a term not exceeding ninety days, which penalties may be
prosecuted and recovered, with costs, in the name of the City of
Virginia, or may compel them to work on the streets or other
public improvements of said city. The accused, if convicted, shall
have the right of appeal to the corporation court of said city.

The council shall not take any private property for public
purposes without making the owner thereof just compensation for
the same except money, paraphernalia and devices used in gam-
bling, lotteries and games of chance as otherwise provided herein;
and when the council cannot, by agreement with the owner, obtain
the title to or the use of such property for such purposes, it shall
be lawful for the said council to institute and prosecute proceed-
ings for the condemnation thereof according to law.

In every case where a street in said city has been or may be
encroached upon by any fence, building or otherwise, the council
may require the owner (if known, or if unknown, the occupant of
the premises encroaching) to remove the same, and if the removal
be not made within the time prescribed by the council, it may im-
pose a penalty of five dollars a day for each and every day it is
allowed to continue thereafter, and may cause the encroachment to
be removed, and may collect from the owner all reasonable charges
therefor, with costs, by the same process by which it is hereinafter
empowered to collect taxes by suit or motion; and whatever
amount the occupant or tenant may have to pay therefor, for the
said amount he shall have a valid and lawful offset against the
rent due or to become due to his landlord.

Whenever any street or lane in said city shall have been
opened to and used by the public for a period of five years, the
council may declare the same a street, lane or alley for public
purposes, and the council shall have the same jurisdiction over and
rights and interests therein as it hag over the streets, alleys and
lanes laid out by it; and any street or alley reserved in the division
or subdivision into lots of any portion of the territory within the
corporate limits of said city by a plan or plat of record which
may be filed in the clerk’s office of the corporation court of the
City of Virginia, shall be deemed to be dedicated to the public use.
unless it appears by said record that the said street or alley so
reserved is designated for private use. But upon petition of a
majority of the persons interested therein the council shal] have
the power to open the same for the use of the public, and a map
thereof shall be filed with the city engineer in case the same is
opened for the public.

Whenever any new street may be laid out, or when any
street may be paved or graded, culverts or sewers built, or any
public improvement whatsoever made, the council shall determine
what portion, if any, of the cost thereof shall be paid out of the
treasury, and what portion, if any, not exceeding fifty per centum
of the cost thereof, shall be paid by the owners of the real estate
benefited thereby; and for whatever amount the council shall de-
cide shall be paid by the owners of the real estate bounding and
abutting on said streets, or benefited by any such improvement,
and assessments shall be levied by the council by the front foot
bounded and abutting or benefited as aforesaid; or where such man-
ner of assessment is not just and equitable to the public or the lot
owners, then the council may prescribe some other just and equit-
able method of assessment; and the council shall prescribe the
time and manner in which the said assessment shall be payable,
and when levied it shall be a lien on the property against which it
is assessed from the date of such assessment; but no such assess-
ment on abutting property shall be made until a plan of such im-
provement shall have been made by the city engineer, with an esti-
mate of the cost and the amount to be paid by each abutting
owner, such plan and estimate to be filed in the clerk’s office of the
common council and a hearing given to said abutting owners be-
fore said council or committee thereof, after notice; provided, that
in the construction of proposed sidewalks or repairs to the same,
the council shall first require the abutting owners to construct
said improvement according to plans and specifications adopted by
the council, in which case notice in writing shall be served upon
abutting owners to make said improvements or repairs as afore-
said within a reasonable time; and in case any of them fail to
comply with the terms of said notice, then the council shall proceed
to construct said sidewalk or make said repairs, and levy an as-
sessment against the abutting property for the actual cost thereof;
and said assessment shall be a lien upon the abutting property, as
other assessments levied under provisions of this section. But no
owner of abutting property shall be required to pave sidewalks ad-
jacent to his property until the streets along said property shall
have been opened, graded, guttered and curbed, including the side-
walks; and where any property in the city corners on two streets
the property owner shall pave the sidewalks along his depth one-
half the distance at his cost, and the city shall pave the other half
at its cost.

The council may, by ordinance, make such regulations, not in-
consistent with law, as it may deem expedient in relation to the
erection of buildings, or the alteration of the same; and may regu-
late the building, construction, management, and inspection of ele-
vators, hoistways, elevator-shafts, and plumbing, steam, gas, and
electric fitting of buildings in said city.

The council] shall enact stringent and efficient laws for secur-
ing the safety of persons from fires in halls and buildings used for
public assemblies, entertainments, and amusements.
In the building of any sewers through the streets or alleys of
said city, the council shall have the authority to contract with the
adjacent property owners for the temporary use of the adjacent
property, and pay adequate compensation therefor; and in case the
compensation cannot be agreed upon, the temporary use of such
property may be had by proceedings similar to those employed in
the condemnation of the freehold under the general laws of the
state.

At least thirty days before the end of each fiscal year, the
council shall pass an annual appropriation ordinance which may
be based on the budget submitted by the city manager, and shall
levy such tax as shall not be in conflict with the general law for
the ensuing fiscal year as may be necessary to meet the appropria-
tions made and all sums required by law to be raised for account
of the city debt, together with such addition, not exceeding five
per centum, as may be necessary to meet the commissions, fees and
abatements from the estimates in the amount of taxes collected.
The total amount of appropriations shall not exceed the estimated
revenues of the city.

The tax rate on all property of the same class within the city
shall be uniform; provided that the council shall have power to
levy a higher tax in such areas of the city as desire additional or
more complete services of government than are desired in the city
as a whole and, in such case, the proceeds therefrom shall be so
segregated as to enable the same to be expended in the areas in
which raised. DProvided further, that such higher tax rate shall
not be levied for school, police or general government services but
only for those services which prior to consolidation were not
offered in the whole of all of the consolidated political subdivsions.

At the close of each fiscal year, or upon the completion or
abandonment at any time within the year of any work, improve-
ment or other object for which a specific appropriation has been
made, the unencumbered balance of each appropriation shall revert
to the respective fund from which it was appropriated and shal) be
subject to further appropriation; except that balances due, or to
become due, on contracts for public improvements shall not so
revert. No money shall be drawn from the treasury of the city.
nor shall any obligation for the expenditure of money be incurred.
except pursuant to the appropriations made by the council.

The council shall have control of the fiscal and legislative af.
fairs of said city, and will make such ordinances and by-laws rela-
tive to the same as it may deem proper, and it shall likewise have
power to make such ordinances, by-laws and regulations as it mat
deem necessary to carry out the following powers which are hereby
vested in it.

The council may, from time to time, in its discretion, fix the
beginning and ending of the fiscal year.
The council may, in the name, and for the use of the city,
contract debts and make and issue or cause to be made and issued
as evidence thereof, bonds, notes, or other obligations upon the
credit of the city, or otherwise provided by law; provided that no
bond shall be for a longer term than the probable life of the im-
provement for which the bonds are issued, as determined by the
council by ordinance, and provided further, that all bonds so
issued shall be either serial bonds or sinking fund bonds.

All contracts for the erection and construction of public im-
provements shall be let by competitive bids, but the council, in its
discretion, may reject any or all bids, and notice shall be given
thirty days before the work is finally let by advertisements in one
or more newspapers, and the party to whom said contract shall be
let shall give such bond as the council may require; but in no
event shall any contract be let to any member of the council or
other officer of the city government, nor shall any member have
any interest in said contract; provided, however, that the council
may have such work done and public improvements made under its
immediate direction in any case involving expenditures of sums not
exceeding twenty-five hundred dollars, and may employ such super-
intendents, mechanics, laborers and teams and purchase such ma-
terial as may be necessary therefor.

After bids shall have been advertised for and received for mak-
ing any public improvements or doing any public work, the council
may authorize the making of such improvements or doing of such
work by the direct employment of the necessary labor and pur-
chase of the necessary materials and supplies on the basis of de-
tailed estimates submitted by the department authorized to execute
such work or improvements; provided the probable cost of such
work or improvement as shown by such estimates is less than the
bid of the lowest responsible bidder for the same work or improve-
ment; and provided, further, that the city manager shall certify
in writing to the council that in his opinion the cost of making
such improvement or doing such work will not exceed the said
estimate. Separate accounts shall be kept of all work and improve-
ments so done or made.

In emergency requiring immediate action, the city manager
may cause any such improvement to be made or other public work
to be done by direct employment of the necessary labor and pur-
chase of the necessary material and supplies without previously
advertising for or receiving bids therefor. Every such case shall
be reported by him in writing to the council at its next regular
meeting with a statement of the facts constituting such emergency.
Separate accounts shall be kept of all such work; provided, that
nothing in this or the next preceding section shall prevent the said
city from doing maintenance and repair work by direct labor and
from maintaining a reasonable force of men for that purpose.
When it becomes necessary in the prosecution of any work or
improvement under contract to make alterations or modifications
of such contract, such alterations or modifications shall be made
only on the order of the city manager. No such order shall be
effective until the price to be paid for the work and materials, or
both, and the credits, if any, to be allowed the city, under the
altered or modified contract, shall have been agreed upon in vwrit-
ing and signed by the contractor and by the city manager. Pro-
vided, however, that alterations or modifications involving an in-
crease or decrease of more than $2,500. in the aggregate shall be
first approved by council.

For the execution of its powers and duties, the council may
raise taxes annually by assessments in said city on all subjects not
withheld from city taxation by the state and such subjects of
taxation as have been, or may be, segregated to the city by the
state, for the purpose of taxation, such sums of money as may be
necessary to defray the expenses of the same, and in such manner
as it shall be expedient.

The council may impose such license taxes subject to the
general laws of the Commonwealth of Virginia.

All goods and chattels, wheresoever found, may be distrained
and sold for taxes assessed and due thereon, and no deed of trust
or mortgage on goods and chattels shall prevent the same from
being distrained and sold for taxes assessed against the grantor in
such deed.

There shall be a lien on real estate for the city taxes as
assessed thereon from the commencement of the year for which they
are assessed. The council may require real estate in the city de
linquent for non-payment of taxes to be sold for said taxes, with
interest thereon at the legal rate. Such real estate shall be sold
and may be redeemed in the manner provided by law.

The city council shall have power to ordain and enforce such
rules and regulations as shall be necessary and proper to prevent
accidents by fire within said city or to secure the inhabitants
thereof and their property from injury thereby.

Whenever any building in the said city shall be on fire, it
shall be the duty and be lawful for the Chief of the fire depart-
ment to order and direct such building or buildings, which he may
deem hazardous and likely to communicate fire to other buildings,
or any part of such buildings, to be pulled down and destroyed.
and no action shall be maintained against any person or against
the city therefor. But any person interested in such building so
destroyed or injured may, within three months thereafter, apply to
the city council to assess and pay the damages he has sustained.
At the expiration of the three months, if any such application
shall have been made in writing, the city council shall either pay
the claimant such sum as shall be agreed upon by the council, and
the said claimant for such damage, or if such agreement shall not
be effected shall proceed to ascertain the amount of such damages,
and shall provide for the appraisal, assessment, collection and pay-
ment of the same in the same manner as is provided for the ascer-
tainment, assessment, collection and payment of damages sustained
by the taking of land for the purpose of public improvement.

All bonds, contracts, deeds and other papers shall be executed
by the city manager, under the direction of the council, and the
seal of the corporation shall be affixed and attested by the city
clerk.

The said council shall, by ordinance, provide for any irregular
election not herein provided for, and may appoint the necessary
officers to conduct the same.

Nothing in this act shall be construed to authorize the inter-
ference by the council of said city with the existing use of the ave-
nues, streets, alleys and lanes of the said city, with its tracks,
pipes, poles, and other appurtenances of any railroad, street rail-
way, gas, electric light, telegraph, telephone, or other incorporated
company, but such use is hereby confirmed, subject to such reason-
able regulations as the council may from time to time prescribe;
provided, that nothing in this section shall be held to authorize
the unreasonable blocking or obstructing of any public highway.

Upon the extension of the city limits, all public utilities within
the annexed territory, and all extensions or public utilities made
within the city limits, shall become a part of the aggregate prop-
erty of such public utility, shall be operated ag such and shall be
subject to all the obligations and reserved rights contained in this
charter and in any original grant hereafter or heretofore made.
The right to use and maintain any such extension or any portion
of said public utility within the annexed territory shall terminate
with the original grant.

Subject to the general laws of the state regulating the working
of those convicted of offenses against the state, the council shall
have the power to provide by ordinance for the employment or the
working, either within or without the city limits or within or
without the city prison, jail or city farm, of all prisoners sentenced
to confinement in said prison, jail or city farm for the violation of
the laws of the Commonwealth of Virginia or the ordinances of the
City of Virginia.

In addition to the powers enumerated herein and in addition
to any powers now possessed or hereinafter conferred upon said
city, the city shall have, and may exercise, all other powers which,
under the constitution and laws of the Commonwealth of Virginia,
would be competent for this act specifically to enumerate. It may
enforce its ordinances and resolutions and may inflict penalties for
any violations of any thereof by a fine not exceeding five hundred
dollars or imprisonment in the city jail not exceeding ninety days,
either or both, provided no penalty shall be in excess of state law.
It shall, by ordinance, fix the salaries of all officers, and employees
of the city, except the salaries of its own members, which shall be
as is provided herein; and it may, so far as is not inconsistent
with the provisions of this act, define the powers and prescribe the
duties of all such officers and employees.

§ 23. When Ordinances Become Effective; Referendum; Emer.
gency Measures; Signing of Petitions for Nominations or for
Initiative, Referendum or Recall.—No ordinance passed by the
council, unless it be an emergency measure as hereinafter defined
in this section, or the annual appropriation ordinance, shall go into
effect until the expiration of thirty days after its final passage. If.
at any time within said thirty days, a petition signed by qualified
voters equal in number to twenty-five per centum of the electors
who cast their votes at the last preceding regular municipal elec-
tion for the election of councilmen be filed with the city clerk,
requesting that any such ordinance be repealed or amended as
stated in the petition, such ordinance shall not become operative
until the steps indicated herein shall have been taken, or until the
time allowed for taking any such step shall have elapsed without
action. Such petition shall state therein the names and addresses
of at least five electors, who shall constitute a committee to repre
sent the petitioners, and who shall be officially regarded as filing
the petition and shall constitute a committee of the petitioners for
the purpose hereinafter stated. Referendum petitions need not
contain the text of the ordinance or ordinances, the amendment or
repeal of which is sought, but shall contain the proposed amend-
ment if an amendment is demanded.

All ordinances and resolutions passed by the council shall be
in effect from and after thirty days from the date of their passage,
except that the council may, by the affirmative vote of four of its
members, pass emergency measures to take effect at the time indt-
cated therein. An emergency measure is an ordinance or resolu-
tion for the immediate preservation of the public peace, property.
health or safety, or providing for the usual daily operation of a
municipal department, in which the reasons for the emergency are
set forth and defined. Ordinances appropriating money for any
such emergency may be passed as emergency measures, but no
measure for the sale or lease of city property, or making a grant,
renewal or extension of a franchise or other special privilege. or
the regulation of the rate to be charged for its services by any
public utility shall be so passed.

The city clerk shall present the said petition to the council at
its next regular meeting, and thereupon the council shall proceed
to reconsider the ordinance. If, within thirty days after the filing
of such petition, the ordinance be not repealed or amended as re-
quested in such petition, the city clerk shall, if so requested, by a
writing signed by a majority of the said committee and presented
to the said city clerk within twenty days after the expiration of
said period of thirty days, present to the clerk of the corporation
court of said city, the said petition and all copies thereof as one
instrument, together with a copy of the ordinance, the repeal of
which is sought. Within ten days after the filing of said petition,
the clerk of said court shall ascertain and certify whether the re-.
quired number of qualified voters have signed the petition. If it
be found that the required number of qualified voters have signed
the said petition, then within five days after the expiration of said
ten days, the said petition, with the certificate of the clerk thereon,
shall be presented by the said committee to the corporation court
of the said city, or the judge thereof in vacation, and thereupon
the said court, or the judge thereof in vacation, shall forthwith
enter an order calling and fixing a date for holding an election
for the purpose of submitting the said ordinance to the electors of
said city. Thereupon the said ordinance shall ipso facto be further
suspended from coming into effect until such election shall have
been held, and the council of said city shall, at its next regular
meeting, repeal said ordinance. Any such election shall be held
not less than thirty, nor more than sixty, days after the date of the
entering of such order. If any other election is to be held within
said period, said court, or the judge thereof in vacation, shall direct
that the said ordinance shall be submitted to the vote of the electors
at such election. At least ten days before any such election, the
clerk of said court shall cause the said ordinance to be published
once in one or more newspapers of general circulation published
in said city.

The ballots used when voting upon such ordinances shall con-
form in all respects to the ballots required for an initiative election
under this section, and the method of voting in any such election
shall be as prescribed in said section.

If in any such election the ordinance so referred or submitted
be approved by a majority of the electors voting thereon, the said
ordinance shall, upon the ascertainment and certification of the
results of said election by the commissioner of election, be enacted
by the council at its next regular meeting.

Ordinances passed as emergency measures, providing for any
work, improvement or repairs certified by the city manager to be
immediately necessary to protect public property or health from
imminent danger, or to protect the city from imminent loss or
liability, shall not be subject to referendum. The certificate of the
city manager in any such case shall be conclusive. All other ordi-
nances passed as emergency measures shall be subject to the refer-
endum in like manner as other ordinances, except that they shall
go into effect at the time indicated in such ordinances. If, when
submitted to a vote of the electors, an emergency measure shall
be not approved by a majority of the voters voting thereon, it shall
be considered repealed, as regards any further action thereon but
such measure so repealed shall be deemed sufficient authority for
the payment in accordance with the ordinance of any expenses in-
curred previous to the ascertainment and certification by the com-
missioners of election of the results of the referendum vote thereon.

In case a petition be filed requesting that a measure passed by
the council providing for the expenditure of money, for a bond
issue, or for a public improvement be submitted to a vote of the
electors, all steps preliminary to such actual expenditure, actual
issue of bonds or actual signing of a contract for such improve
ments may be taken prior to the election.

All elections for the election of councilmen and of initiative,
referendum and recall elections, shall be conducted, and the result
canvassed and certified by the regular election officials provided by
the general election laws of this state; and except as otherwise pro-
vided in this act, all such elections shall be governed by eae state
general election ‘laws.

All petitions for the nomination of councilmen and all peti-
tions in connection with the initiative, referendum and recall shall
be signed in ink or in indelible pencil by the electors in person and
not by agent or attorney. Each person signing any such petition
shall place opposite his name the date of his signature and his
place of residence by street and number. The signatures to any
such petition need not all be appended to one paper, but to each
such paper (except in the case of copies of recall petitions, which
may not be circulated) there shall be attached an affidavit by the
circulator thereof stating that each signature appended thereto is
the genuine signature of the person whose name it purports to be
and that it was made in the presence of the affiant on the date
indicated. All copies of any such petition shall be treated as
originals. No such petition shall be deemed invalid by reason of
the fact that it is signed by one or more persons who are not
qualified voters, but the names of such persons shall not be
counted. As used in this act, the terms “elector,” “qualified elec-
tor” and “qualified voter’ are synonymous.

All signatures to any petition mentioned in the preceding
section hereof shall be accepted and treated as prima facie genuine.
For the purpose of certifying the number of qualified voters whose
names are signed to any such petition, the clerk of the corporation
court of said city shall presume that any person whose name ap
pears thereon is a qualified voter, if such person—

(a) Is exempt from the payment of poll taxes as a prerequisite
to voting, or

(b) Appears from the treasurer’s list of persons who have paid
their poll taxes, to have complied with the law as to payment of
poll taxes so as to be a qualified voter on the date of his signature
under the provisions and within the meaning of this section, as-
suming him to be duly registered.

All such petitions substantially complying with the require-
ments of this charter and certified by said clerk to bear the re-
quired number of signatures of qualified voters shall be accepted
and treated as prima facie sufficient. The burden of proving the
insufficiency of any such petition in any respect shall be upon the
person alleging the same.

The question whether any person is a qualified voter for the
purpose of signing any nominating petition or any petition in con-
nection with the initiative, referendum or recall, shall be determined
as follows: If any such petition be signed on or before the second
Tuesday in June in any year, the person signing the same shall
be deemed a qualified voter for that purpose, within the meaning
hereof, if qualified to vote on the said second Tuesday in June;
if such petition be signed after the second Tuesday in June in any
year, the person signing the same shall be deemed a qualified voter
for that purpose within the meaning hereof, if qualified to vote on
the first Tuesday after the first Monday in November of said year.

Any proposed ordinance or ordinances, including ordinances
for the repeal or amendment of an existing ordinance, may be sub-
mitted to the council by petition signed by qualified voters equal
in number to ten per centum of the number of electors who cast
their vote at the last preceding regular municipal election for the
election of councilmen. Such petition shall contain the proposed
ordinance in full and shall have appended thereto, or written
thereon, the names and addresses of at least five qualified voters,
who shall be officially recorded as filing the petition, and who shall
constitute a committee of the petitioners for the purpose herein-
after stated.

All papers comprising the petition shall be assembled and
filed with said clerk as one instrument within one hundred and
twenty days from the date of the first signature thereon; and when
so filed, the clerk shall submit the same to the council at its next
regular meeting, and provision shall be made for public hearings
upon the proposed ordinance.

The council shall at once proceed to consider such petition
and shall take final action thereon within thirty days from the
date of the submission thereof. If the council rejects the proposed
ordinance, or proposes it in a form different from that set forth in
the petition, or fails to act finally on it within the time stated,
the committee of the petitioners may require that it be submitted
to a vote of the electors in its original form, or that it be sub-
mitted to a vote of the electors with any proposed change, addition
or amendment by the following procedure:

Said committee shall present to the clerk of the corporation
court of said city a petition for such election, addressed to said
court and signed by qualified voters equal in number to twenty-five
per centum of the number of electors who cast their votes at the
last preceding regular municipal election for the election of coun-
cilmen. The said petition shall contain the proposed ordinance in
full, in the form in which it is proposed to submit the same to the
electors. The said petition and all copies thereof shall be filed
with the clerk of said court as one instrument. Within ten days
after the filing thereof, the said clerk shall ascertain and certify
thereon whether the required number of qualified voters have
signed the same. If it be found that the required number of quali-
fied voters have signed the said petition, then the said petition.
with the certificate of the said clerk thereon, shall be presented by
said committee to the corporation court of said city, or to the
judge thereof in vacation; and thereupon the said court, or the
judge thereof in vacation, shall forthwith enter an order calling
and fixing a date for holding an election for the purpose of sub-
mitting the proposed ordinance to the electors of said city. Any
such election shall be held not less than thirty, nor more than
sixty, days after the date of the entering of said order. If anv
other election is to be held within the said period, said court, or
the judge thereof in vacation, shall direct that such proposed ordi-
nance shall be submitted to a vote of the electors at such election.
At least ten days before any such election, the clerk of the said
court shall cause such proposed ordinance to be published once In
one Or more newspapers of general circulation published in said
city.

The ballots used when voting upon any such proposed ordi-
nance shall state the title of the ordinance to be voted on and.
below said title, the following propositions in the order here set
forth:

“For the ordinance.”
“Against the ordinance.”

In any such election the voter shall mark his ballot as pre.
scribed by general law.

If a majority of the electors voting on such a proposed ordi-
nance shall vote in favor thereof, it shall, upon the ascertainment
and certification of the result of such election by the commission-
ers of election, be ordained by the council of said city at its next
regular meeting as an ordinance of the city.

§ 24. The City Manager.—There shall be a city manager who
shall be the chief executive officer of the city and shall be respon-
sible 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 executive 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 ten-
ure of office he shall reside within the city.

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 sub-
ordinates or in any way take part in the appointment of or re-
moval 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 serv-
ices 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
ordinance in violation of this section shall be guilty of a misde-
meanor and upon conviction thereof shall cease to be a councilman.

The city manager shall be responsible to the council for the
efficient administration of all affairs of the city. He shall have
power, and it shall be his duty:

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

(b) Except as otherwise provided in this act, to appoint all
heads or directors of departments, and all subordinate officers and
employees of the city in both the classified and unclassified service,
with the power to discipline and remove any officer or employee
so appointed; and in the classified service all appointments and
removals to be subject to the civil service provisions of this act.
Such appointments and removals shall be reported to the council
at its next regular meeting.

(c) To exercise supervision and control over all departments
and divisions created herein, or that may be hereafter created by
the council.

(d) To attend all regular meetings of the council, with the
right to take part in the discussion, but having no vote. He shall
be entitled to notice of all special meetings.

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

(f) To make and execute all contracts on behalf of the city,
except as may be otherwise provided in this act or by ordinance,
passed in pursuance thereof.

(g) To act as budget commissioner, and as such to prepare
and submit to the council the annual budget, after receiving esti-
mates made by the heads or directors of the departments, or of
any board or commission not within a department.

(h) To keep the council at all times fully advised as to the
financial conditions and needs of the city.

(i) To perform all such other duties as may be prescribed by
law or be required of him by ordinance or resolution of the council.
(j) To see that all terms and conditions imposed in favor of
the city, or its inhabitants, in any public utility franchise are
faithfully kept and performed; upon knowledge of any violation
thereof, to call the same to the attention of the council and the
city attorney. It shall be the duty of the city attorney forthwith
to take such steps as are necessary to protect and enforce said
terms and conditions.

At least sixty days before the end of each fiscal year, the city
manager shall prepare and submit to the council an annual budget
for the ensuing fiscal year, based upon detailed estimates furnished
by the several departments and other divisions of the city govern-
ment, including the schools, elected officers, boards and commis-
sions, according to a classification as nearly uniform as possible.
The budget shall present the following information:

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

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

(c) A fund statement showing condition of the various appro-
priations, the amount of appropriation remaining unencumbered
and the amount of revenues remaining unappropriated.

(d) The budget message shall contain the recommendations of
the city manager concerning the fiscal policy of the city, a de
scription of the important features of the budget plan, an explana-
tion of all salient changes in the budget submitted, as to estimated
receipts and recommended expenditures as compared with the cur-
rent fiscal year and the last preceding fiscal year, and a summary
of the proposed budgets. Also a work program showing the under.
takings to be begun and those to be completed during the next
fiscal year and each of the several fiscal years in advance.

(e) After the budget has been adopted and before the begin-
ning of the fiscal year the head of each department, board, com-
mission or agency shall submit to the city manager a work pro
gram which shall show the requested allotments of the appropria-
tions for such department, board, commission or agency for the
entire fiscal year by quarterly periods. The city manager shall ap-
prove, with such amendments as he shall determine, the allotments
for each such department, board, commission or agency and shall
file the same with the comptroller who shall not authorize any
expenditure to be made from any appropriation except on the basis
of approved allotments. The aggregate of such allotments shall not
exceed the total appropriation available to said department, board,
commission 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 general fund or any utility for the year, plus any cash sur-
plus 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 several departments,
boards, commissions and agencies concerned, except the school
board, and revise the allotments so as to forestall the incurring
of a deficit.
, (f) A monthly statement of the financial condition of the city,
and
(zg) Such other information as may be required by the council.
Copies of such budget shall be printed and available for dis-
tribution not later than two weeks after its submission to the
council, and a public hearing shall be given thereon by the council
before final action.
§ 25. Administrative Departments.—The following adminis-
trative departments are hereby created:
Department of Personnel
Department of Finance
Department of Public Works
Department of Public Safety
Department of Public Welfare
Department of Public Health
Department of Law
Department of Parks and Recreation
Department of Waterworks

The council may, by ordinance adopted by the affirmative vote
of a majority of its members, create such other departments as it
may deem necessary or expedient, and distribute the functions
thereof, or establish temporary departments for special work; and
in like manner may eliminate or combine the functions of any
departments.

At the head of each department there shall be a director. The
city manager may be the director of any one or more departments,
as provided by the council.

The director of each department shall be chosen on the basis
of his general executive and administrative ability and experience,
and of his education, training and experience in the class of work
which he is to administer.

The director of each department, except the department of
law, and the department of records, shall be appointed by the city
manager and may be removed by him at any time, but such appoint-
ment or removal shall be reported by the city manager to the coun-
cil at its next regular meeting. The director of the department
of finance shall be the city manager and the assistant director

SBA WNP
shall be the city auditor or comptroller, unless the council pro-
vides otherwise. The director of the department of law shall be
the city attorney. The director of the department of records shall
be the city clerk.

The directors of the several departments shall be immediately
responsible to the city manager for the administration of their
respective departments, and their advice in writing may be re
quired by him on all matters affecting their departments. They
shall prepare departmental estimates which shall be open to pub-
lic inspection, and they shall make all other reports and recom-
mendations concerning their departments at stated intervals, or
when required by the city manager, under such rules and regula-
tions as he may prescribe.

§ 26. Department of Personnel.—There shall be a department
of personnel to consist of a director of personnel, a personnel ad-
ministrator and such employees as may be provided by ordinance
or by the order of the director consistent therewith.

The city manager shall be director of personnel.

The personnel administrator shall be appointed by the director
of personnel, He shall be a person trained and skilled in person-
nel administration, with a knowledge of and interest in public per-
sonnel administration. He shall be administrative assistant in per-
sonnel matters to the director of personnel. Among the duties of
the administrator will be the following: recruit prospective em-
ployees; conduct and rate the examinations; prepare and main-
tain a list of eligibles; certify to the appointing officer the names
of the five highest on the list; prepare and recommend to the board
position classification and pay plans for all employees in the classi-
fied service; maintain a roster of all persons in the city’s service
which will show each person’s work or position, title, salary, and
other useful information; certify pay rolls of all persons employed
according to the provisions of the ordinance; recommend to the
board a system of in-service training and employee welfare activ-
ities; be continuously watchful of the operation of the personnel
policies; and through his professional literature and otherwise
keep up with the experience of other cities, so that he may be in
a position to suggest to the board and to the personnel director
practices that will promote morals and efficiency in the public
service.

The personnel administrator shall within six months after his
appointment prepare and submit to the city manager a plan of
classification and grading for all positions in the classified service
according to similarity of authority, duties and responsibilities.
The city manager shall give public notice and hold public hear-
ings prior to adoption of the initial plan. Thereafter, changes in
the plan may be recommended by the administrator which go into
effect when approved by the city manager.
It is the purpose of the duties classification plan to provide
an orderly inventory and appraisal of positions in the city serv-
ice so that the following aims be obtained:

a. Equality of pay for positions on the basis of substantially
similar duties, responsibilities, or work difficulty.

b. Proper pay differences between positions which differ ma-
terially in duties and responsibilities.

ce. Improved recruiting through appropriate definitions of
positions and the establishment of reasonable standards of fitness
for entrance to or promotion within the service.

d. Orderly control of personnel status changes affecting em-
ployees while in the service, such transfers, promotions, demotions,
training, leave of absence, and other internal personnel status
changes.

e. Orderly procedures for separating employees from the serv-
ice for just cause.

Within thirty days after adoption of the classification plan,
the administrator shall prepare and recommend to the director of
personnel a pay plan consisting of a salary range for each class
of positions in the classified service, which shall provide for regular
increases within such range to be earned by length of service and
by satisfactory service. The city manager shall transmit the pay
plan with his recommendation to the city council which shall have
the power to adopt the same by ordinance with or without changes.
After adoption by the council the pay plan shall remain in effect
until amended by the council on the recommendation of the city
manager.

The retirement system for city employees hitherto established
by ordinance of the City of Newport News shall continue in force
and effect and shall apply throughout the city to all employees of
said city subject to the right of the council to amend or repeal
the same as set forth in such ordinance.

The director shall make rules necessary to interpret and to
implement the personnel ordinance and for the administering of
personnel policies. When adopted, the rules have the force and
effect of law. These rules among other things should provide:
procedures for recruiting employees; the preparation and conduct
of examinations; for establishment and maintenance of eligible
lists; method for certifying eligibles for appointment; preparation,
installation and maintenance of position classification plan; ad-
ministration of the pay plan; probationary or working test period;
methods of promotion, demotion, transfer, and disciplinary action;
hours of work, vacation, attendance and leave regulations; estab-
lishing and maintaining in-service training; and a welfare program
for employees.

§ 27. Department of Finance.—There shall be a department
of finance which shall include the following bureaus: assessment,
accounting and control, collection, purchasing, and license
inspection.

The director of finance shall be the city manager unless and
until the council shall provide otherwise. The city auditor (or
comptroller) shall be the assistant director of finance, unless and
until the council shall provide otherwise. The director of finance
shall have direct supervision over the department of finance and
over the administration of financial affairs of the city, including
assessment, the preparation of the budget, license and tax inspec-
tion, the keeping of accounts and financial records, the disburse.
ment of city funds and monies, and shall perform such other duties
as the council may by ordinance provide.

There shall be a bureau of accounting and control of which
the city auditor (or comptroller) shall act as the head unless and
until the council shall provide another, head. It shall be the duty
of this bureau to maintain a general accounting system for the
city government and each of its departments, boards, commissions
and agencies, in conformity with the best recognized practices in
governmental accounting; keep records for and exercise financial
and budgetary control over each department, board, commission
and agency; keep separate accounts for each class of expenditure
in accordance with the system of classification employed in the
respective budgets; keep separate accounts for each item of appro-
priation in the respective appropriation ordinances and the capital
budget and for the allotments of such items of appropriation;
encumber each item of appropriation and the allotments thereof
with the amount of each purchase order, pay roll or contract ap-
proved by the comptroller immediately upon such approval; and
keep such records as shall show at all times the amount of each
appropriation and the allotments thereof, the amounts paid there
from, the encumbrances thereof and the unexpended and unen-
cumbered balance; and maintain a record of all revenues accrued
and monies actually received from each source.

Payments by the city shall be made only upon vouchers certi-
fied by the head of the appropriate department or other division
of the city government, and by means of warrants on the city
treasurer issued by the director of finance and countersigned by
the city manager. During such time as the city manager shall act
as director of finance, such warrants shall be issued by the city
auditor and countersigned by the city manager. The director of
finance, or, if the city manager be acting as director of finance,
then the city auditor shall examine all pay rolls, bills and other
claims and demands against the city; and shall issue no warrant
for payment unless he finds that the claim is in proper form,
correctly computed and duly certified; that it is justly and legally
due and payable; that an appropriation has been made therefor
which has not been exhausted, or that the payment has been other-
wise legally authorized; and that there is money in the city treas-
ury to make payment. The city manager or the city auditor, as
the case may be, may require any claim, and for such purposes
may examine witnesses under oath; and if such claim be found
fraudulent, erroneous or otherwise invalid, shall not issue a war-
rant therefor.

No contract, agreement or other obligation involving the ex-
penditure of money shall be entered into nor shall any ordinance,
resolution or order for the expenditure of money be passed by the
council or be authorized by any officer of the city, unless the city
auditor shall first certify to the council or to the proper officer as
the case may be, that the money required for such contract, agree-
ment, obligation or expenditure, is in the city treasury to the
credit of the fund from which it is to be drawn, and not appro-
priated for any other purpose, which certificate shall be filed and
preserved. The sum so certified shall not thereafter be considered
unencumbered, until the city is discharged from the contract, agree-
ment or obligation.

At the close of each fiscal year, or upon the completion or
abandonment at any time within the year of any work, improve-
ment or other object for which a specific appropriation has been
made, the unencumbered balance of each appropriation shall revert
to the respective fund from which it was appropriated and shall
be subject to further appropriation; except that balances due, or
to become due, on contracts for public improvements shall not
so revert. No money shall be drawn from the treasury of the city,
nor shall any obligation for the expenditure of money be incurred,
except pursuant to the appropriations made by the council.

(a) Assessment of Real Estate.—Within ninety days from the
effective date of this charter the council of the City of Vir-
ginia shall, in lieu of the means and methods prescribed by law,
provide by ordinance for the annual assessment and reassessment
and equalization of assessments of real estate for local taxation
and to that end the judges of the courts of record by majority vote
shall elect as assessors five persons, one from each of the boroughs
of said city, to assess or reassess for taxation the real estate within
the City of Virginia, and to prescribe the duties and term of
office of said assessors.

Such assessors shall make such assessment and reassessments
on the same basis as real estate is required to be assessed under
the provisions of the Code of Virginia and shall use as their
guide the basis used by the State Corporation Commission in
assessing property of public utilities in the City of Virginia,
and as of the first day of January of each year, shall have the same
authority as the assessors appointed under the provisions of the
Code, and shall be charged with duties similar to those thereby
imposed upon such assessors, except that such assessments or re-
assessments shall be made annually and the assessments and re
assessments so made shall have the same effect as if they had been
made by assessors appointed under the provisions of the said Code.

The term of such assessors shall be fixed by the judges of the
courts of record, any vacancy or vacancies, however occuring, shall
be filled by the said judges. The council shall fix the compensation
of any such assessors, provide such clerical or other assistance as
may be necessary, and provide for the payment of such salaries
and other expenses as may be properly incident to the work in-
volved. And all such salaries, expenses and other costs incurred
in connection with such assessment or reassessment shall be paid
out of the treasury of the city.

That notwithstanding any provision of § 58-895 of the Code
of Virginia, the judges of the courts of record of the City of
Virginia, by majority vote, shall, annually, appoint for said
City of Virginia, a board of review of real estate assessments.
to be composed of five members, one from each borough, who
shall be freeholders of the city for which they serve. The terms of
such members shall commence on their appointment and shall ex-
pire on the thirtieth day of November of the year in which they
are appointed, unless such terms are extended. The said judges of
the courts of record may extend the terms of the members of the
said board of review and shall fill any vacancy therein for the un-
expired term. The members of the said board shall receive per
diem compensation for the time actually engaged in the duties of
the board to be fixed by the council of the City of Virginia.
and to be paid out of the treasury of such city, and the council
may limit the per diem compensation to such number of days as,
in its judgment, is sufficient for the completion of the work of the
board.

Such board of review shall have and may exercise the power
to revise, correct and amend any assessment of real estate made bry
said assessor in the year in which they serve, and to that end shall
have all powers conferred upon boards of equalization by §§ 58-907
to 58-912, both inclusive, of the Code of Virginia. Notwithstanding
any provision of said sections, however, the board of review may
adopt any regulations providing for the oral presentation, with
formal petitions or other pleadings of requests for review, and
looking to the further facilitation and simplification of proceedings
before the board.

That any person or any such city aggrieved by any assessment
made by said board of review may apply for relief in the manner
provided by §§ 58-1145 to 58-1151, both inclusive, of the Code of
Virginia.

That this act shall not apply to the assessment of any real
estate assessable under the law by the State Corporation Com-
mission.
(b) Bureau of Purchasing.—The city purchasing agent shall,
in manner provided by ordinance, and under the supervision of the
director of finance, purchase all supplies for the city, and sell all
personal property of the city that may have been condemned as
useless by the director of a department. He shall have charge of
such storerooms and storehouses of the city as may be provided by
ordinance, in which shall be stored all supplies and materials pur-
chased by the city and not delivered directly to the various depart-
ments, and he shall inspect or cause to be inspected all supplies
delivered to determine quality and quantity and conformity to
specifications, and no voucher shall be honored unless the accom-
panying invoice shall be endorsed as approved by the city pur-
chasing agent.

The city purchasing agent may require from the director of
each department, at such times as contracts for supplies are to be
let, a requisition for the quantity and kind of supplies to be paid
for from the appropriation of the department.

Upon certification that funds are available in the proper ap-
propriations such goods shall be purchased and shall be paid for
from funds in the proper department for that purpose. However,
this procedure shall not prevent the city purchasing agent from
purchasing goods for cash to the credit of the store’s account to be
furnished the several departments on requisition, goods so fur-
nished to be paid for by the department furnished therewith by
warrant made payable to the credit of the store’s account.

The city purchasing agent shall not furnish any supplies to
or purchase any supplies for any department unless there be to
the credit of such department an available appropriation balance
in excess of all unpaid obligations sufficient to pay for such sup-
plies.

Before making any purchase or sale, the city purchasing agent
shall give opportunity for competition, all proposals to be upon
precise specifications, and under such rules and regulations as
the council shall establish. Whenever practicable, the city pur-
chasing agent shall furnish standard specifications and invite bids
or proposals on the basis thereof. Each order of purchase or sale
to be approved and countersigned by the city manager or the per-
son discharging his duties for the time being.

In cases of emergency, purchases may be made without com-
petition, if a sufficient appropriation has theretofore been made
against which such purchases may lawfully be charged. In such
cases a copy Of the order issued shall be filed with the city pur-
chasing agent, together with a certificate by the head of the de-
partment, stating the facts constituting the emergency. A copy of
this certificate shall also be attached to and filed with the voucher
covering payment for the supplies.
(c) Bureau of License Inspection.—There shall be a bureau
of license inspection the head of which shall be the license inspec-
tor. It shall be the duty of the license inspector to enforce the
provisions of this charter and the ordinances of the city with re
gard to licenses and license taxes, to check the assessment lists
prepared by the commissioner of revenue and to examine and audit
the books of all persons, firms and corporations whom he has rea-
sonable cause to believe to be liable to pay a license.

(d) Independent Audit—The council] shall cause to be made
annually an independent audit of all accounts, books, records and
financial transactions of the city 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 inspec-
tion in the office of the city clerk during regular business hours.

§ 28. Department of Public Works.—There shal] be a depart-
ment 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.

The director of public works shall be a qualified engineer who
has had experience in municipal or county engineering. Subject
to the supervision and control of the city manager in all matters,
he shall manage and have charge of the construction, improvement,
repair and maintenance of streets, sidewalks, alleys, lanes, bridges,
viaducts and other public highways; of sewers, drains, ditches,
culverts, canals and streams and water courses; of all public
landings, public wharves and docks; of all public buildings, boule
vards, squares and other public places and grounds belonging to
the city or dedicated to public use; and shall manage all sewage
disposal and reduction plants and all other public utilities owned
or operated by the city. He shall have charge of the making and
preservation of all surveys, maps, plans, drawings and estimates
for any public work, and shall also have charge of the cleaning,
sprinkling and lighting of the streets and public places, the collect-
ing and disposal of waste, and the preservation of contracts, pa-
pers, plans, tools, applications and equipment belonging to the city,
and pertaining to said department.

The director of public works shall perform such other duties
relating to his department as may be authorized by ordinance and
assigned to him by the city manager.

The council may by ordinance provide for the establishment
and organization within the said department, and subject to the
supervision of the director thereof, of such divisions or bureaus
as the council may see fit, and may distribute the functions and
duties of said department among such divisions or bureaus as it
may deem expedient.

§ 29. Department of Public Safety.—The head of the depart-
ment of public safety shall be the director of public safety. He
shall have general management and control of the several bureaus,
divisions, officers and employees of the department and shall be
responsible to the city manager for the efficiency, discipline and
good conduct thereof and for the care and custody of all city prop-
erty used thereby. He shall, subject to the provisions of this
charter, appoint and remove the heads of the respective bureaus
and divisions and all other officers and employees of the depart-
ment. He shall have such other powers and duties as may be as-
signed to him by this charter or by ordinance.

(a) 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, protection
of the rights of persons and property, and enforcement of the laws
of the state, the ordinances of the city and all rules and regula-
tions 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.

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 as-
sign all members of the bureau to their respective posts, shifts, de-
tails 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, 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 and for the care and custody of the
property of the city used in its work. 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 vio-
lation 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
and subject to the provisions of this charter.
All fines, forfeitures and fees and costs as prescribed by law
and arising out of the exercise of the duties of the police force.
shall be collected by such officers or employees as may be desig-
nated by the judge of said court and paid into the city treasury.
except that fines and forfeitures collected for violation of state
laws together with clerk’s fees shall be paid to the clerk of the
corporation court as now provided by law.

(b) Bureau of Fire——The bureau of fire shall consist of the
fire chief and such other officers and employees as may be provided
by ordinance. The bureau of fire shall be responsible for the pro-
tection from fire of life and property within the city.

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 ofticers 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 and for the care and custody of the property of the city
used in its work. 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 law-
ful commands of the fire chief or violation of the rules and regula-
tions 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 this charter. The council may by ordinance establish volun-
teer fire companies.

(c) Appointment of Members of the Police and Fire Forces.—
The members of the fire and police forces, other than the chiefs,
shall be appointed from the list of eligibles prepared by the per-
sonnel department and in accordance with such rules and regula-
tions as may be prescribed by the said city manager; provided,
however, that in case of riot, conflagration or emergency, the city
manager may appoint additional firemen and patrolmen, and off-
cers for temporary service who need not be in the classified service.

(d) Jail Farm.—There shall be a jail farm. Subject to the
supervision and control of the director of public safety in all
matters, the superintendent of the jail farm shall have complete
control of the jail farm and of prisoners confined therein.
§ 30. Department of Public Welfare.—There shall be a depart:
ment of public welfare, which shall consist of the director of pub-
lic 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.

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.

The head of the department of public welfare shall be the
director of public welfare. He shall be a person trained and ex-
perienced in welfare administration.

The director shall have, subject to the laws of the Common-
wealth relating to public assistance, general management and con-
trol of the several bureaus, divisions and other units of the depart-
ment, including the appointment and removal, subject to the pro-
visions of this charter, of all officers and employees of the depart-
ment and the making of rules and regulations, consistent with
this charter and the ordinances of the city, for the conduct of
its business.

§ 31. Department of Public Health.—There shall be a depart-
ment of public health which shall consist of the director of public
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.

The department of public health shall be responsible for: (a)
enforcing all laws and ordinances and all lawful rules and regu-
lations 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 abatement of nuisances detri-
mental to public health; (d) the operation of city hospitals, sana-
toria and laboratories and the furnishing of medical aid and care
to the indigent; (e) the conducting of clinics, nursing and edu-
cational services for the preservation and promotion of public
health; (f) the collecting of morbidity and vital statistics; and
(g) such other powers and duties as may be assigned to the de-
partment by ordinance.

The head of the department of public health shall be the health
officer of the city. He shall be a graduate of an approved medical
school and of a recognized school of public health, with not less
than three years experience in public health work.

The director of public health shall have general management
and control of the several bureaus, divisions and other units of
the department. He shall 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 incon-
sistent 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.

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

The department of parks and recreation shall be responsible
for: (a) organizing and conducting recreation programs for all
age groups in various parts of the city; (b) operating and main-
taining 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) operating and maintain-
ing all city cemeteries; (d) operating and maintaining nurseries for
flowers, vines, shrubs and trees for use in the public parks, grounds,
streets and ways of the city; (f) operating and maintaining all
buildings, museums, gardens, monuments, lakes, swimming pools,
rest rooms, restaurants, refreshment stands and other facilities
and establishments situated in the public parks and grounds under
the jurisdiction of the department; (g) promoting, sponsoring and
managing public concerts, entertainments and other recreational
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 parks
and recreation shall be responsible for any damage or extra ex-
pense arising from its use of the school grounds and buildings.
When authorized by the council and upon such terms and con-
ditions 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 admission to
concerts, entertainments -and other recreational activities spon-
sored 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 per-
formed by the department of public works.

The head of the department of parks and recreation shall be
the director of parks and recreation. He shall be a person trained
and experienced in recreation activities, with experience in the
administration of public recreation or parks.

The director of parks and recreation shall have general man-
agement and control of the several bureaus, divisions and other
units of the department. He shall appoint and remove, subject to
the provisions of this charter, all officers and employees of the
department, and he shall have the power to make rules and regu-
lations consistent with this charter and the ordinances of the city
for the conduct of its business.

The council shall have power to adopt by ordinance all need-
ful 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 regu-
lations all such public grounds, parks, playfields, playgrounds and
cemeteries shall be under the police jurisdiction of the city.

§ 33. Department of Education.—For the purpose of school
administration, the entire city shall constitute one school district.

The city council shall appoint a school board of five trustees,
one from each of the city’s boroughs, for overlapping terms of five
years each. Each school trustee shall be a qualified voter and a
resident 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 unex-
pired 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 pro-
vided by the general laws of the Commonwealth. None of the pro-
visions of this charter shall be interpreted to refer to or include
the school board unless the intention to do so is expressly stated
or is clearly apparent from the context.

The school board shall, on the first days of the months of
January and July in each year, transmit to the council and to
the director of finance a detailed statement of, all money received
by said board or placed in its credit and all moneys disbursed
by said board during the preceding six months whether such
moneys shall have been appropriated by the council or received
from any other source for the purpose of public education. Separate
accounts shall be kept by the said board of the moneys appropriated
by the council which shall show the balance of each class of funds
on hand under the control of said board as of the date thereof.

The said school board shall each year prepare and submit to
the city manager for his information in making up the annual
budget a detailed estimate of the amount of money required for
the conduct of the public schools of the city for the ensuing school
year, with an estimate of the amount of all funds which will
probably be received by said board for the purpose of public educa-
tion from sources other than appropriations by the council.

The school board shall appoint a superintendent of public
schools from a list of eligibles prepared by the State Board of
Education.

The school superintendent shall be the chief executive officer
of the city schools. The school board shall appoint a clerk, other
than the superintendent, to act as secretary of the school board.

During the interim period between the effective date of this
charter and the appointment of the school board of the City of
Virginia, the school boards of the respective political sub-
divisions forming the said city, shall operate said schools within
the appropriations made available by local government authorities
and the Commonwealth of Virginia pro rata, for the period so
operated.

§ 34. Corporation Court.—There shall be established for the
City of Virginia a corporation or hustings court, to be held
by the judge of said city, on the second Monday in each month,
but the judge of said court may from time to time change the
day on which said court shall commence; provided that no term
shall be held in the month of August.

The said court shall have original jurisdiction concurrent with
the circuit court of the City of Virginia to hear and determine
all cases of law and in chancery.

The said court shall, within the limits aforesaid, have con-
current jurisdiction to hear and determine all motions, matters,
and things made cognizable by any statute authorized by law to
be done or in the circuit or corporation courts of the Common-
wealth.

The said court shall, within the limits aforesaid, have the same
jurisdiction as the circuit courts, and the same jurisdiction as the
circuit courts over all offenses committed within said limits and
within one mile of the corporate limits of said city, and also such
jurisdiction over such offenses as is conferred by general law upon
corporation courts. The jurisdiction conferred by this section over
offenses committed within said corporate limits shall be exclusive
of all other courts, except that all indictments, presentments, and
informations, together with all civil causes, whether the same be
motions, warrants removed or appealed, and pending in the circuit
court of Warwick County at the time of the passage of this act,
shall be proceeded with in the circuit court of said county until
the same are finally concluded and ended.

The said court shall have exclusive original jurisdiction over
all matters of probate and record arising within the limits of said
city.

The said court shall have exclusive original jurisdiction to
hear and determine all cases at law and in chancery and over all
matters and things which may become the subject matter of suits
or proceedings in court arising under the charter of the said city,
or other laws relating thereto, and of all cases of contested elec-
tions in said city, except so far as is otherwise provided in said
charter.

The said court, and judge thereof in vacation, shall possess
the same jurisdiction and powers and shall perform the same
duties as are vested in and imposed upon other corporation courts,
and the judge thereof, by any statute relating to corporation
courts or by general law.

All cases and proceedings at law or in chancery now pending
in the circuit court of Warwick County shall be proceeded with in
said circuit court until the same are finally concluded or ended,
unless the same shall be removed to said corporation courts by
consent of parties in interest.

The said court and the judge thereof shall have the same
jurisdiction and powers, and shall perform the same duties in
summoning and empanelling grand juries and other juries, civil
and criminal, as are now by law vested in and imposed upon the
circuit or corporation courts of this Commonwealth and the judges
thereof.

The said corporation court, or the judge thereof in vacation,
shall have general control of the rooms necessary for said courts
and clerk’s offices, and shall have the power to procure such sta-
tionery, books, records, furniture, and fixtures at such costs as the
judge may deem necessary and proper for the use of said court, the
same to be paid for by order of the court out of the treasury of
the said city, except where otherwise provided.

Likewise there shall be established for the City of Virginia
at least two additional corporation or hustings courts to be
held by separate judges at the same time, with the same jurisdic-
tion and powers granted to the judge of the corporation court
herein above set forth in this § 34 of the charter.

The judge with the longest record of continuous service, in-
cluding the corporation courts and the circuit court, shall be
known and designated as senior judge, who shall apportion the
work among the several courts in order that the same may be
equalized. The said judges shall substitute for one another with-
out the necessity of appealing to the court of appeals for permis-
sion so to do and the senior judge shall designate all substitutions.
§ 35. Circuit Court.—There shall be a circuit court in and
for the City of Virginia, to be called the circuit court of the City
of Virginia, which shall be held by the judge of the eleventh
judicial circuit in the courthouse of the said City of Virginia.

The said circuit court and the judge thereof shall have the
same jurisdiction, duties, and powers in all respects within the
limits of said city that the several circuit courts of this Common-
wealth have within their respective counties and corporations.
The sergeant of the said city and his deputies shall attend the said
court and do and perform the duties, have and exercise the
powers, receive the compensation, and be liable to the penalties
of a sheriff and his deputies in relation to the circuit court of his
county. The clerk of the corporation court of said city shall be
clerk of said circuit court. He shall perform similar duties, re-
ceive the same compensation, and be liable to the same penalties
as other clerks of circuit courts in this Commonwealth, and be
governed by the same general laws.

The terms of court, unless otherwise provided by law, shall be
held at such times as may from time to time be fixed upon by the
judge thereof.

Upon the effective date of this charter, the circuit court of
the 14th Judicial Circuit, and judge thereof, shall have no jurisdic-
tion within the corporate limits of said city.

Any suit, motion, or other proceeding now pending in the circuit
court of Warwick County, which if instituted subsequent to the
passage of this act would have come within the jurisdiction of the
circuit court of the City of Virginia, shall be forthwith removed
to the circuit court of the City of Virginia. When any such suit,
motion, or other proceeding is removed under this act the clerk
of the circuit court of Warwick County shall transmit to the clerk
of the circuit court of the City of Virginia the original papers,
with the copies of all rules and orders or decrees made which are
not in the original papers, and a statement of the costs incurred
by each party therein; whereupon such suit, motion, or other pro-
ceeding shall be proceeded in, heard, and determined by the said
circuit court of the City of Virginia as if it had been originally
brought therein. The cost attending such removal shall be charged
as may be thought just by the judge of the circuit court of War.
wick County.

§ 36. Jail Physician.—The city manager of the City of Vir-
ginia be, and he is, hereby authorized and empowered to ap-
point, designate or employ some duly qualified physician of said
city to attend such prisoners as are confined in the city jail or at
the city prison farm for violation of city ordinances or nonpayment
of city fines, and to fix such compensation for the services so rendered
as in the opinion of the said city manager is fair and reasonable.
The city manager of said city may, from time to time, change
such designation, appointment or employment, or amount of com-
pensation to be paid for the services so rendered.

The physician so appointed, designated or employed shall be
in lieu of and shall supersede any physician now otherwise ap-
pointed to perform such services.

§ 37. Waterworks.—All of the provisions, obligations, and
directions of the Acts of the General Assembly of 1926, and amend-
ments thereto, authorizing the City of Newport News to purchase,
operate and control a waterworks plant or system, shall apply
with equal force and effect, to the City of Virginia, in the
same manner as though the authorization therein given to the City
of Newport News was originally given to the City of Virginia.

In addition to the powers granted by the said Acts of Assembly
as amended, the City of Virginia, after payment of operating
expenses and the annual interest and principal on any out-
standing indebtedness of the waterworks plant or system, may
appropriate for general use, out of the water revenues, such sums
of money as the council may determine. The waterworks plant or
system, owned by the City of Newport News, shall upon the effec-
tive date of this charter, become the sole property of the City of
Virginia.

The ordinances of the City of Newport News, as amended from
time to time, providing for the operation of said waterworks, in-
cluding the ordinances fixing the rates and charges for the use of
water, shall likewise remain in full force and effect, except the
ordinance providing for the operation of said waterworks by a
commission. After the effective date of this charter the water-
works shall be operated as a department of the city.

§ 38. Office Holders and Employees on Effective Date of this
Charter.—Upon the effective date of this charter and during the
transition period only, all persons regularly employed by the City
of Newport News, City of Hampton, Town of Phoebus, and the
Counties of Elizabeth City and Warwick, shall become employees
of the City of Virginia at the same rate of pay received from
said county, city or town, until equalized by council. Said em-
ployees shall continue to perform the duties they were assigned
prior to consolidation, during the period of transition and until
the reorganization of the city departments has been effected by the
city council. The city manager, however, may, during said transi-
tion period, promote, demote, dismiss, change job classification,
reduce or increase wages and/or salaries of any employee, all sub-
ject to approval of the city council.

Upon the effective date of this charter, the commissioners of
revenue, treasurers, Commonwealth’s attorneys, sergeants, sheriffs,
constables, and clerks of courts of the respective counties, cities and
towns forming said City of Virginia and their employees. shall
remain in office at the same rate of salary received immediately
prior to consolidation, and shall continue to perform the duties
they were assigned prior to consolidation. Each said officer and
employee shall respectively be under the supervision and direction
of the person elected treasurer, commissioner of revenue, Common-
wealth’s attorney, sergeant, sheriff, constable and clerk of courts,
who shall have the full power and authority to promote, demote,
dismiss, change job classification and, subject to approval of city
council and the proper authorities of the Commonwealth of Vir-
ginia, reduce or increase wages and/or salaries of all their subordi-
nates. The council, however, may extend the jurisdiction of such
officers or any of them beyond that for which they were originally
elected.

§ 39. All taxes, licenses, bills for services, water bills, or any
other debts, including penalties and interest, delinquent or current,
now or hereafter due and payable to the respective political sub-
divisions forming said city, shall upon and after the effective date
of this charter, be due and payable to the City of Virginia.
Said city is hereby vested with all the powers and remedies now
provided by law for each of the political subdivisions forming said
city to enforce collection of all debts for and in the name of the
City of Virginia.

§ 40. Within one year subsequent to the effective date of this
charter the council may prorate the current taxes on real estate,
tangible personal property, machinery and tools, bank stock, real
estate of public service corporations, as well ag licenses or any
other taxes and service charges in any or all of the counties, cities,
and towns forming the City of Virginia, and reimpose at uni-
form rates throughout each tax district of the city, new taxes
and licenses for a full year from the date of proration or beginning
of the fiscal year, and for each year thereafter. Prior to establish-
ment of the fiscal year by the council, all taxes and licenses shall
be levied and collected at the rate in effect in each political sub-
division forming the City of Virginia. At the time this charter
becomes effective, all outstanding indebtedness, including interest
thereon of whatever nature, of each of the political subdivisions
forming said city, shall become the indebtedness of the City of
Virginia. All sinking funds for the retirement of any outstanding
debt and the interest on said indebtedness of any of the political
subdivisions forming said city shall become the property of said
city and the treasurer of the City of Virginia shall be the cus-
todian of said funds thereafter.

All money, checks or other evidences of value of any of the
political subdivisions forming the said city, now in the custody of
any treasurer, officer, or employee of said political subdivisions
shall immediately become the property of the City of Virginia
and the treasurer of said city shall become sole custodian of said
funds. All real and personal property owned by the respective
political subdivisions forming the consolidated city is hereby de-
clared to be the property of the City of Virginia upon the effective
date of this charter.

§ 41. Existing Ordinances.—Unless amended, modified or re-
pealed by the city council, all ordinances of each of the political
subdivisions forming said city shall remain in full force and effect
for a period of two years after the effective date of this charter,
within the territorial limits only, of the subdivisions in which the
ordinances were originally applicable. Thereafter, unless reen-
acted by council as a general ordinance, all ordinances of each of
the political subdivisions shall be null and void.

§ 42. Persons Committed to Jail.—All persons committed to
any jail, jail farm, penitentiary or other institution under the pro-
visions of any local ordinance prior to the effective date of this
charter, shall serve the sentence imposed by the court making such
commitment. Provided, however, the judge of either the corpora-
tion or circuit court of said city may in his discretion exercise
such power and authority over said person confined, as may now
be provided by the general laws of the Commonwealth of Virginia.

§ 43. Existing Agreements.—All leases, agreements, fran-
chises, contracts, and obligations, of whatever nature, in effect be-
tween any of the political subdivisions forming said city and any
person, firm, or corporation, at the time this charter becomes effec-
tive, shall remain in full force and effect and the obligations, condi-
tions, covenants, and agreements therein contained, shall be as
binding and faithfully kept and performed by said city and by
all contracting parties as though they were made in the original in-
stance directly with the City of Virginia.

§ 44. Airport Commission.—All rights, title and interest of
the political subdivisions forming the City of Virginia and
participating in the Peninsula Airport Commission arising under
Chapter 22—1946 Acts of Assembly as amended shall be vested in
the City of Virginia.

All powers granted to the governing bodies of the political
subdivisions forming the City of Virginia and participating in the
Peninsula Airport Commission shall be vested in the council of the
City of Virginia.

The city council shall appoint one representative from each
of its five boroughs to serve on the Airport Commission in accord-
ance with Acts of Assembly, 1946, Chapter 22 as amended.

All of the obligations, conditions and restrictions in connec-
tion with the bonds issued by the political subdivisions forming
said City of Virginia shall be faithfully kept and performed by
said city.

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

§ 46. Amendments to Charter.—The city council shall not
petition the General Assembly or any member thereof for any
amendment to this charter unless and until the proposed change
has been first submitted to a vote of the qualified voters in a
general or special election and a favorable vote obtained in such
election.

§ 47. Effective Date; Repealing Clause.—It being necessary
to hold a municipal election in said city for the election of council-
men thirty days before the effective date of this charter, an
emergency is hereby declared to exist and by reason thereof this
act shall, for the purpose of nominating and electing councilmen
and authorizing the council to organize and to employ a city mana-
ger as provided herein, be in effect from and after the date of its
passage. For all other purposes said act shall take effect on such
date as may be determined by the judges of the corporation court
and the circuit courts having jurisdiction as provided by law, and
all other acts and parts of acts inconsistent with this act shall
so far as they relate to this act, be and they are hereby repealed.

§ 48. (a) If the qualified voters of the county of Warwick,
the county of Elizabeth City, including the town of Phoebus, the
city of Hampton and city of Newport News, voting at an election
called for the purpose pursuant to the provisions of Article 4 of
Chapter 9 of Title 15 of the Code of Virginia, vote in favor of the
consolidation of said political subdivisions and the adoption of
this act as the charter of the city of Virginia, the judges of the
circuit and corporation courts having jurisdiction in such counties,
cities and town shall, prior to the effective date of the consolida-
tion herein provided for, issue writs of election requiring the regu-
lar election officials of the respective counties and cities to open
a poll and take the sense of the qualified voters on the questions
set forth in subsection (c) of this section.

(b) The election officials of such political subdivisions shall
have printed on the ballot each name proposed for the city sub
mitted to any such circuit or corporation court by a petition
signed by one hundred qualified voters of any such political sub-
division requesting that a name be submitted to the voters in the
referendum.

(c) The ballot in such referendum shall contain the following
questions:

1. Shall the name of the consolidated city of Virginia be

changed ?
[] Yes
[] No
2. If such name is changed, which of the following names
shall be adopted?

Following question number two there shall be printed each
name submitted in accordance with subsection (b) of this section.

(d) The election shall otherwise be held, ballots counted, re-
turns made and canvassed and results certified as provided in
§ 24-141 of the Code of Virginia.

(e) If a majority of the qualified voters voting in the election
vote in favor of a change in the name of the consolidated city of
Virginia, then the name approved by plurality of such voters shall
become the name of such city, and wherever the words “city of
Virginia” appear in this act the same shall be construed to mean
the name so approved.