An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 215
An Act to provide a charter and form of government for the city of South
Norfolk; and to repeal Chapter 91 of the Acts of Assembly of 1919,
approved September 11, 1919, which act provided a charter for the
‘own of South Norfolk, all acts amendatory thereof, and certain other
acts.
[S 313]
Approved March 7, 1952
Be it enacted by the General Assembly of Virginia:
CHAPTER I
Incorporation and Boundaries
1. § 1.01. Incorporation.—That a new charter is hereby provided for the
city of South Norfolk, which is declared to be a city of the first class. The
inhabitants of the territory comprised within the limits of the city of
South Norfolk, as the same now are or may hereafter be established by
law, shall continue to be a body politic and corporate under the name of
the city of South Norfolk and as such shall have perpetual succession, may
sue and be sued, contract and be contracted with and may have a corporate
seal which it may alter, renew or amend at its pleasure.
§ 1.02. Boundaries.—The boundaries of the city shall be as described
in the Act of the General Assembly approved September 11, 1919. (Acts
1919, Ex. Sess. page 154 et seq.) and as modified and enlarged by the decree
of the Circuit Court of Norfolk County entered on the 4th day of February,
1950 in the annexation proceeding styled city of South Norfolk versus
county of Norfolk, which decree is recorded in the Clerk’s Office of the
Circuit Court of Norfolk County in the Common Law Order Book 48 at
page 222 et seq.
CHAP II
Powers
§ 2.01. General Grant of Powers.—The city shall have and may ex-
ercise all powers which are now or may hereafter be conferred upon or
delegated to cities under the Constitution and laws of the Commonwealth
and all other powers pertinent to the conduct of a city government the
exercise of which is not expressly prohibited by the said Constitution and
laws and which in the opinion of the council are necessary or desirable to
promote the general welfare of the city and the safety, health, peace, good
order, comfort, convenience and morals of its inhabitants, as fully and
completely as though such powers were specifically enumerated in this
charter, and no enumeration of particular powers in this charter shall be
held to be exclusive but shall be held to be in addition to this general grant
of powers.
§ 2.02. Financial Powers.—In addition to the powers granted by other
sections of this charter the city shall have power:
(a) To raise annually by taxes and assessments in the city such sums
of money as the council shall deem necessary to pay the debts and defray
the expenses of the city, in such manner as the council shall deem expedient,
provided that such taxes and assessments are not prohibited by the laws
of the Commonwealth. In addition to, but not as a limitation upon this
general grant of power the city shall, when not prohibited by the laws
of the Commonwealth, have power to levy and collect ad valorem taxes on
real estate and tangible personal property and machinery and tools, and
a capitation tax not exceeding one dollar per annum on each resident of
the Commonwealth within the limits of the city; to levy and collect taxes
for admission to or other charge for any public amusement, entertainment,
performance, exhibition, sport or athletic event in the city, which taxes
May be added to and collected with the price of such admission or other
charge; to levy on and collect taxes from purchasers of any public utility
service used within the city, which taxes may be added to and collected
with the bills rendered purchasers of such service; to require licenses,
prohibit the conduct of any business or profession without such a license,
require taxes to be paid on such licenses in respect of all businesses and
professions which cannot, in the opinion of the council, be reached by the
ad valorem system; and to require licenses of owners of vehicles of all
kinds for the privilege of using the streets, alleys and other pubic places
in the city, require taxes to be paid on such licenses and prohibit the use
of streets, alleys and other public places in the city without such licenses;
provided, however, that nothing herein contained shall be construed as
permitting the city to levy and collect directly or indirectly a tax on pay-
rolls.
(b) To borrow money for the purposes and in the manner provided
by this charter.
(c) To make appropriations, subject to the limitations imposed by
this charter, for the support of the city government and any other pur-
poses authorized by this charter and not prohibited by the laws of the
Commonwealth.
(d) To appropriate, without being bound by other provisions of this
charter, not more than five hundred thousand dollars in any one fiscal year
for the purpose of meeting a public emergency threatening the lives, health
or property of the inhabitants of the city provided that any such appropria-
tion shall require at least five affirmative votes in the council and that the
ordinance making such appropriation shall contain a clear statement of
the nature and extent of the emergency.
(e) To accept or refuse gifts, donations, bequests or grants from any
source for any purpose related to the powers and duties of the city govern-
ment.
(f) To provide, or aid in the support of, public libraries and public
schools.
(g) To grant financial aid to military units organized in the city in
accordance with the laws of the Commonwealth, and to charitable or
benevolent institutions and corporations, including those established for
scientific, literary or musical purposes or the encouragement of agriculture
and the mechanical arts, whose functions further the public purposes of
e city.
(h) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, members of the police and fire depart-
ments, teachers and other employees of the school board, judges, clerks,
deputy clerks, bailiffs and other employees of the municipal courts, and
to establish a fund or funds for the payment of such pensions by making
appropriations out of the treasury of the city, by levying a special tax for
the benefit of such fund or funds, by requiring contributions payable from
time to time from such officers or employees, or by any combination of
these methods or by any other method not prohibited by law, provided that
the total annual payments into such fund or funds shall be sufficient on
sound actuarial principles to provide for the pensions to be paid there-
from, and provided further that the benefits accrued or accruing to any
person under such system shall not be subject to execution, levy, attach-
ment, garnishment or any other process whatsoever nor shall any assign-
ment of such benefits be enforceable in any court. ,
(i) To provide for the control and management of the fiscal affairs
of the city, and prescribe and require the adoption and keeping of such
books, records, accounts and systems of accounting by the departments,
boards, commissions, courts or other agencies of the city government pro-
vided for by this charter or otherwise by law as may be necessary to give
full and true accounts of the affairs, resources and revenues of the city and
the handling, use and disposal thereof.
§ 2.03. Powers Relating to Public Works, Utilities and Properties.—
In addition to the powers granted by other sections of this charter, the
city shall have power:
(a) To lay out, open, extend, widen, narrow, establish or change the
grade of, close, construct, pave, curb, gutter, adorn with shade trees, other-
wise improve, maintain, repair, clean and light, streets, including limited
access or express highways, alleys, bridges, viaducts, subways and under-
passes, and make and improve walkways upon streets and improve and pave
alleys within the city ; and the city shall have the same power and authority
over any street, alley or other public place ceded or conveyed to the city
or dedicated or devoted to public use as over other streets, alleys and other
public places.
(b) To acquire, construct, own, maintain and operate, within and
without the city, public parks, parkways, playfields and playgrounds, and
to lay out, equip and improve them with all suitable devices, buildings and
other structures.
(c) To collect and dispose of garbage and other refuse and to con-
struct, maintain and operate, within and without the city, incinerators,
dumps or other facilities for such purposes.
(d) To construct, maintain and operate, within and without the city,
sewers, drains, culverts and sewage disposal works.
(e) To assess the whole or part of the cost of making and improving
walkways on then existing streets, improving or paving existing alleys,
or constructing sewers, culverts and drains, upon the owners of land
abutting thereon or on the street or alley in which such sewer, culvert, or
drain is laid, provided that the amount of such assessment shall not exceed
the peculiar benefit resulting to the landowner from the improvement;
provided further, that in lieu of any such assessment for the construction
of a sewer, culvert or drain, the city may assess and collect an annual
Sewer tax as compensation for the use thereof, and may provide for the
commutation thereof upon such terms and conditions as the council may
provide by ordinance, but such assessment shall not be in excess of the
peculiar benefit resulting therefrom to such abutting landowners; and
provided further, that the city may acquire by condemnation or otherwise
any interest or right of any owner of abutting property in the use of any
sewer, culvert or drain, and thereafter charge such landowner for the use
of such sewer, culvert or drain. The city may order such improvements to
be made and the cost thereof apportioned in pursuance of an agreement
between the city and the abutting landowners. In the absence of such an
agreement the improvements may be ordered on a petition, from not less
than three-fourths of the landowners to be affected thereby or by five
affirmative votes of the council.
(f) Toconstruct, maintain and equip all buildings and other structures
necessary or useful in carrying out the powers and duties of the city.
(g) To sell, purchase, acquire, or dispose of, except as otherwise pro-
vided in this charter and in the Constitution and laws of the Common-
wealth, land, buildings and other property for the city, real and personal,
both within and without the city.
(h) To control and regulate the use and management of all property
of the city, real and personal.
(i) To acquire, construct and maintain or authorize the construction
and maintenance of bridges, viaducts, subways or underpasses over or
under the Elizabeth River or any other stream, creek or ravine when any
portion of such bridge, viaduct, subway or underpass is within the city
limits, and to charge or authorize the charging of tolls for their use by
the public, and to require compensation for their use by public utility,
transmission or transportation companies, except as the right to require
such compensation is affected by any contract heretofore or hereafter made
with the company concerned.
(j) To authorize by ordinance, in accordance with the Constitution
and laws of the Commonwealth, the use of the streets for the laying down
of street railway tracks and the operation of street railways therein under
such conditions and regulations as may be prescribed by such ordinance or
by any future ordinance, or to acquire by agreement or condemnation any
such street railway and maintain and operate the same.
(k) To acquire, construct, own, maintain and operate, within and
without the city, places for the parking or storage of vehicles by the public,
which shall include but shall not be limited to parking lots, garages, build-
ings and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city government or by a
board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such places
or any portions thereof, pursuant to lease or agreement, upon such terms
and conditions as the council may determine by ordinance; and charge or
authorize the charging of compensation for the parking or storage of
vehicles or other services at or in such places.
(1) To acquire, construct, own, maintain and operate, within and
without the city, airports and all the appurtenances thereof; provide for
their management and control by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; charge or authorize the charging of compensation for the use
of any such airport or any of its appurtenances; lease any appurtenance of
any such airport or any concession incidental thereto or, in the discretion
of the council, lease any such airport and its appurtenances with the right
to all concessions thereon to, or enter into a contract for the management
and operation of the same with, any person, firm or corporation on such
terms and conditions as the council may determine by ordinance.
(m) To acquire, construct, own, maintain and operate, within and
without the city, stadia, arenas, swimming pools and other sport facilities ;
provide for their management and control by a department of the city
government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of compen-
sation for the use of or admission to such stadia, arenas, swimming pools
and other sport facilities, including charges for any services incidental
thereto; lease, subject to such regulations as may be established by ordi-
nance, any such stadium, arena, swimming pool or other sport facility
or any concession incidental thereto, or enter into a contract with any
person, firm or corporation for the management and operation of any such
stadium, arena, swimming pool or other sport facility, including the right
to all concessions incident to the subject of such contract, on such terms
and conditions as the council may determine by ordinance.
(n) To acquire, construct, own, maintain and operate, within and
without the city, water works, gas plants and electric plants, with the
pipe and transmission lines incident thereto, for the purpose of supplying
water, gas and electricity within and without the city, and to charge and
collect compensation therefor, and to provide penalties for the unauthor-
ized use thereof.
(o) To acquire, construct, own, maintain and operate, within and
without the city, landings, wharves, docks, canals and the approaches to
and appurtenances thereof, tracks, spurs, crossings, switchings, terminals,
warehouses and terminal facilities of every kind and description necessary
or useful in the transportation and storage of goods, wares and merchan-
dise; perform any and all services in connection with the receipt, delivery,
shipment and transfer in transit, weighing, marking, tagging, ventilating,
refrigerating, icing, storing and handling of goods, wares and merchandise ;
prescribe and collect charges from vessels coming into or using any of the
landings, wharves and docks, and from persons using any of the facilities
above described ; provide for the management and control of such facilities
or any of them by a department or the city government or by a board,
commission or agency specially established by ordinance for the purpose;
lease any or all of such facilities or any concessions properly incident
thereto to any person, firm or corporation or contract with any person,
firm or corporation for the maintenance and operation of any or all of
such facilities on such terms and conditions as the council may determine
by ordinance; apply to the proper authorities of the United States to grant
to the city the privilege of establishing, maintaining and operating a for-
eign trade zone within or without the city; regulate the use of other land-
ings, wharves and docks located on the Elizabeth River within and without
the city; prevent and remove obstructions from the harbor of the Eliza-
beth River and in, upon or near the landings, wharves, docks or canals
adjacent thereto, and collect from the person or persons responsible for
such obstructions the cost of their removal; close or discontinue the use of
any such wharf, landing, dock or canal now owned or hereafter acquired
by the city and upon the closing or discontinuance of such use the same
shall thereupon be forever discharged from any public use or easement or
from any obligation therefore imposed by reason of such public use or
easement by statute or otherwise.
§ 2.04. Power to Make Regulations for the Preservation of the Safety,
Health, Peace, Good Order, Comfort, Convenience, Morals, and Welfare
of the City and Its Inhabitants.—In addition to the powers granted by other
sections of this charter the city shall have power to adopt ordinances,
not in conflict with this charter or prohibited by the general laws of
the Commonwealth, for the preservation of the safety, health, peace, good
order, comfort, convenience, morals and welfare of its inhabitants, and
among such powers, but not in limitation thereof, the city shall have power:
(a) To provide for the prevention of vice, immorality, vagrancy
and drunkenness; prevention and quelling of riots, disturbances and
disorderly assemblages; suppression of houses of ill-fame and gambling
places; prevention of lewd and disorderly conduct or exhibitions; and
prevention of conduct in the streets dangerous to the public.
(b) To regulate the construction, maintenance and repair of buildings
and other structures and the plumbing, electrical, heating, elevator, esca-
lator, boiler, unfired pressure vessel, and air conditioning installations
pnereln, for the purpose of preventing fire and other dangers to life and
ealtn. ,
(c) To provide for the protection of the city’s property, real and
personal, the prevention of the pollution of the city’s water supply, and the
regulation of the use of parks, playgrounds, playfields, recreational facili-
ties, landings, docks, wharves, canals, airports, and other public property,
whether located within or without the city. For the purpose of enforcing
such regulations all city property wherever located shall be under the police
jurisdiction of the city. Any member of the police force of the city or
employee thereof appointed as a special policeman shall have power to
make arrests for violation of any ordinance, rule or regulation adopted
pursuant to this section and the police court shall have jurisdiction in all
cases arising thereunder within the city and the trial justice court of the
county wherein the offense occurs shall have jurisdiction of all cases arising
thereunder without the city.
(d) To grant or authorize the issuance of permits under such terms
and conditions as the council may impose for the use of streets, alleys and
other public places of the city by railroads, street railways, buses, bus
lines, taxicabs and/or other vehicles for hire; prescribe the location in,
under or over, and grant permits for the use of, streets, alleys and other
public places for the maintenance and operation of tracks, poles, wires,
cables, pipes, conduits, bridges, subways, vaults, areas and cellars; require
tracks, poles, wires, cables, pipes, conduits and bridges to be altered,
removed or relocated either permanently or temporarily ; charge and collect
compensation for the privileges so granted, and prohibit such use of the
streets, alleys and other public places of the city, and no such use shall be
made of the streets, alleys or other public places of the city without the
consent of the council.
(e) To prevent any obstruction of or encroachment over, under or in
any street, alley, sidewalk or other public place; provide penalties for
maintaining any such obstruction or encroachment; remove the same and
charge the cost thereof to the owner or owners, occupant or occupants of
the property so obstructing or encroaching, and collect the sum charged
in any manner provided by law for the collection of taxes; require the
owner or owners or the occupant or occupants of the property so obstruct-
ing or encroaching to remove the same; pending such removal charge the
owner or owners of the property so obstructing or encroaching compensa-
tion for the use of such portion of the street, alley, sidewalk or other
public place obstructed or encroached upon the equivalent of what would be
the tax upon the land so occupied if it were owned by the owner or owners
of the property so obstructing or encroaching, and, if such removal shall
not be made within the time ordered, impose penalties for each and every
day that such obstruction or encroachment is allowed to continue there-
after; authorize encroachments upon streets, alleys, sidewalks or other
public places, subject to such terms and conditions as the council may
prescribe, but such authorization shall not relieve the owner or owners,
occupant or occupants of the property encroaching, of any liability for
negligence on account of such encroachment; and recover possession of
any street, alley, sidewalk or other public place or any other property of
the city by suit or action in ejectment.
(f) To regulate the operation of motor vehicles and exercise control
over traffic in the streets of the city and provide penalties for the violation
of such regulations, provided that ordinances or administrative regulations
adopted by virtue of this subsection shall not be inconsistent with the pro-
visions of the motor vehicle code of Virginia. All fines imposed for the
violation of such ordinances and regulations shall be paid into the city
treasury. ,
(g) To regulate, in the interest of public health, the production,
preparation, distribution, sale and possession of milk, other beverages and
foods for human consumption, and the places in which they are produced,
prepared, distributed, sold, served or stored; regulate the construction,
installation, maintenance and condition of all water and sewer pipes,
connections, toilets, water closets and plumbing fixtures of all kinds;
regulate the construction and use of septic tanks and dry closets, where
sewers are not available, and the sanitation of swimming pools and lakes;
provide for the removal of night soil, and charge and collect compensation
for the removal thereof; compel the use of sewers, the connection of
abutting premises therewith, and the installation in such premises of
suitable sanitary facilities; regulate or prohibit connections to and use
of sewers; provide for the quarantine of any person afflicted with a
contagious or infectious disease, and for the removal of such person
to a hospital or ward specially designated for contagious or infectious
diseases; inspect and prescribe reasonable rules and regulations, in the
interest of public health, with respect to private hospitals, sanitaria,
convalescent homes, clinics and other private institutions, homes and
facilities for the care of the sick, of children, the aged and the desti-
tute; and make and enforce all regulations necessary to preserve and
promote public health and sanitation and protect the inhabitants of the
city from contagious, infectious and other diseases.
(h) To regulate cemeteries and burials therein, prescribe the records
to be kept by the owners of such cemeteries, and prohibit all burials except
in a public burying ground.
(i) To regulate or prohibit the exercise of any dangerous, offensive
or unhealthful business trade or employment, and the transportation of
any offensive or dangerous substance.
(j) To regulate the light, ventilation, sanitation and use and occu-
pancy of buildings heretofore or hereafter constructed, altered, remodeled
or Improved, and the sanitation of the premises surrounding the same.
(k) To regulate the emission of smoke, the construction, installation
and maintenance of fuel burning equipment, and the methods of firing
and smoking furnaces and boilers.
(1) To compel the removal of weeds from private and public prop-
erty and snow from sidewalks; the covering or removal of offensive,
unwholesome, unsanitary or unhealthy substances allowed to accumulate
in or on any place or premises; the filling in to the street level of the portion
of any lot adjacent to a street where the difference in level between the lot
and the street constitutes a danger to life and limb; the raising or draining
of grounds subject to be covered by stagnant water; the razing or repair
of all unsafe, dangerous or unsanitary public or private buildings, walls,
or structures which constitute a menace to the health and safety of the
occupants thereof or the public; and to compel the abatement or removal
of any and all other nuisances whatsoever. If after such reasonable notice
as the council may prescribe by ordinance the owner or owners, occupant
or occupants of the property or premises affected by the provisions of
this subsection shall fail to abate or obviate the condition or nuisance, the
city may do so and charge and collect the cost thereof from the owner or
owners, occupant or occupants of the property affected in any manner
provided by law for the collection of taxes.
(m) To regulate or prohibit the manufacture, storage, transportation,
possession and use of explosive or inflammable substances and the use and
exhibition of fireworks and discharge of firearms.
(n) To regulate or prohibit the making of fires in the streets, alleys
and other public places. in the city and to regulate the making of fires
on private property.
(o) To regulate or prohibit the running at large and the keeping
of animals and fowl and provide for the impounding and confiscation of any
such animal or fowl found at large or kept in violation of such regulations.
(p) To prevent cruelty to and abuse of animals.
(q) To regulate the sale of goods, ware or merchandise at auction;
regulate the conduct of and prescribe the number of pawn shops and
lealers in second-hand goods, wares and merchandise; regulate or prohibit
he peddling or hawking of any article for sale on the streets of the city;
rrevent fraud or deceit in the sale of goods, wares and merchandise;
equire the weighing, measuring, gauging and inspection of goods, wares
ind merchandise offered for sale; require weights and measures to be
ealed and subject to inspection; and provide for the appointment of a
ealer and one or more weighmasters who shall perform such duties and
‘unctions as may be prescribed by ordinance.
§ 2.05. Miscellaneous Powers.—The city shall also have power:
(a) To establish, maintain and operate public employment bureaus,
yublic markets and public baths.
(b) To establish, maintain and operate, within and without the city,
ublic hospitals, sanitaria, convalescent homes, clinics and other public
nstitutions, homes and facilities for the care of the sick, of children, the
wed and the destitute.
(c) To provide care for the poor and have all the powers and duties
onferred and imposed on cities by the laws of the Commonwealth relating
0 public L ngulien hte
(d) To establish, own, maintain and operate, within and without the
‘ity, cemeteries for the interment of the dead, fix the price at which graves
and lots therein shall be sold, make contracts for their perpetual care and
establish the rates to be charged for the digging of graves, construction of
vaults and other services.
(e) To establish, maintain and operate, within or without the city,
a jail for the confinement of prisoners, ordered or sentenced to be confined
therein, and a jail farm; and compel able-bodied prisoners confined in the
jail to work on such farm.
§ 2.06. Enforcement of Regulations—When by the provisions of
this charter or the Constitution and general laws of the Commonwealth
the city is authorized to pass ordinances on any subject, the council may
provide suitable penalties for the violation of any such ordinances, includ-
ing ordinances effective outside the city as provided in this charter. No
such penalty shall exceed a fine of one thousand dollars or imprisonment
for twelve months or both. Upon conviction for violation of any ordinance
the court trying the case may require bond of the person so convicted with
proper security in the penalty of not more than two thousand dollars, con-
ditioned to keep the peace and be of good behavior and especially for the
period of not more than one year not to violate the ordinance for the breach
of which he has been convicted. From any fine or imprisonment imposed
an appeal shall lie as in cases of misdemeanor. Whenever any fine or
penalty shall be imposed but not paid the court trying the case may, unless
an appeal be forthwith taken, order the person convicted to be imprisoned
in the city jail for one day for each three dollars thereof and may issue
a writ of fieri facias directed to the sergeant of the city for the collection
of the amount due, returnable within sixty days from its issuance. The
city is hereby expressly authorized and empowered to institute and main-
tain a suit or suits to restrain by injunction the violation of any ordinance
legally adopted by it, notwithstanding such ordinance may provide pen-
alties for its violation. .
§ 2.07. Licenses and Permits.—Whenever in the judgment of the
council it is advisable in the exercise of any of the powers of the city or in
the enforcement of any ordinance or regulation, it may provide for the
issuance of licenses or permits in connection therewith, establish the
amount of the fee to be charged the licensee or permittee and require from
the licensee or permittee a bond and an insurance policy of such character
and in such amount and upon such terms as it may determine.
§ 2.08. Injunctions Against the City.—No injunction shall be awarded
by any court or judge to stay the proceedings of the city or any of its
officers, employees or agents in the exercise of any of their powers unless
it be manifest that the city, its officers, employees or agents are transcend-
ing the authority given the city by this charter and the general laws of the
Commonwealth, and also that the intervention of a court of equity is neces-
sary to prevent injury that cannot be compensated by damage.
§ 2.09. In the exercise of the power of eminent domain for the pur-
poses in which the city is authorized to acquire real estate, property, or
interests therein the proceedings shall conform to the procedure prescribed
in Article 5 of Chap 1 of Title 33 of the Code of Virginia relating to
proceedings instituted in the name of the State Highway Commission.
§ 2.091. The city shall have such powers in relation to the control of
subdivisions as are conferred upon cities by general law.
CHAP III
Administration
§ 3.01. Form of Government.—The municipal government of the city
shall be known as the “Council-Manager Government”. Pursuant to the
provisions of this chapter and subject only to the limitations imposed by
the State Constitution, all powers of the city shall be vested in an elective
council which shall enact local legislation, adopt budgets, determine policies,
and appoint the city manager, who shall execute the law and administer
the government of the city. All powers of the city shall be exercised in the
manner prescribed by this charter, the general laws of the State of Vir-
ginia, or if the manner be not prescribed, then in such manner as may be
prescribed by ordinance. .
§ 3.02. Election and Term of Office.—The councilmen, treasurer, com-
missioner of the revenue and city sergeant shall be elected for terms of
four years, and each shall serve until his successor shall have qualified.
On the second Tuesday in June, nineteen hundred and fifty-three, and on
the second Tuesday in June of every fourth year thereafter, there shall
be elected from the city at large, three councilmen for terms of four years;
and on the second Tuesday in June, nineteen hundred and fifty-five, and
on the second Tuesday in June of every fourth year thereafter, there shall
be elected from the city at large two councilmen for terms of four years.
The terms of office of all councilmen hereafter elected shall begin on the
first day of September next succeeding their election. The treasurer, com-
missioner of the revenue and the city sergeant, shall be elected at the
general election held for the election of members of the House of Delegates
in November and immediately preceding the expiration of the terms of
office of their predecessors and all take office on the first day of January
next succeeding their election.
At the first regular meeting in September, nineteen hundred fifty-
three, the council, having taken the oath of office, shall proceed to choose
by majority vote of all the members thereof, one of their number to be
mayor and one to be vice-mayor for the ensuing two years.
The mayor shall preside at meetings of the council, shall have the
same right to vote and speak therein as other members, and shall be recog-
nized as head of the city government for all ceremonial purposes and by
the governor for purposes of military law, but shall have no regular ad-
ministrative duties. The vice-mayor shall act as mayor during the absence
or disability of the mayor and if a vacancy occurs shall become mayor for
the completion of the unexpired term. In the absence or disability of
both the mayor and vice-mayor, the council by majority vote of those
present shall choose one of their number to perform the duties of mayor.
§ 3.03. Appointment, Qualifications and Removal of City Manager.—
The council shall appoint an officer of the city who shall have the title of
city manager and shall have the powers and perform the duties as provided
in this charter and under the general laws of the State. No councilman
shall receive such appointment during the term for which he shall have
been elected, nor within one year after the expiration of his term.
The city manager shall be chosen by the council solely on the basis of
his executive and administrative qualifications with special reference to
his actual experience in, or his 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 state, but during his tenure of office he shall reside
m the city. Upon assuming the duties of his office the city manager shall
be bonded in the sum of five thousand dollars.
The council shall appoint the city manager for an indefinite term and
remove him by a majority vote of its members. At least thirty days before
such removal shall become effective, the council shall by a majority vote
of its members adopt a preliminary resolution stating the reasons for his
removal. The manager may reply in writing and may request a public
hearing, which shall be held not earlier than twenty days nor later than
thirty days after the filing of such request. After such public hearing, if
one be requested, and after full consideration, the council by majority
vote of its members may adopt a final resolution of removal. By the pre-
liminary resolution the council may suspend the manager from duty, but
shall in any case cause to be paid him forthwith any unpaid balance of
his salary up to the date of the preliminary resolution.
§ 3.04. The Manager ; Powers and Duties.—The city manager shall be
chief executive officer and the head of the administrative branch of the
city government. He shall be responsible to the council for the proper ad-
ministration of all affairs of the city and to that end, he shall have power:
and shall be required to attend all meetings of the council, recommend
measures for adoption, see that the ordinances are fully executed, make
report of the city’s financial condition and future financial needs, and shall
prepare and submit a tentative budget for the next fiscal year.
The city manager shall appoint and when necessary for the good of
the service remove all employees of the city except as may otherwise be
provided by this charter or general law and except as he may authorize
the head of a department or office to appoint and remove subordinates in
such department or office, subject to the provisions of § 3.06 of this charter.
§ 3.05. Absence of City Manager.—To perform the duties of city
manager during his temporary absence or disability, the council shall by
resolution appoint an officer of the city to perform the duties of the
manager until he shall return or his disability shall cease.
§ 3.06. Removal of Officers and Employees.—Any officer or employee
appointed by the city manager, or by a head of any office, department or
agency, appointed by the city manager, may be removed for cause by the
manager or other appointed department head at any time. Any such em-
ployee removed by a department head or city manager shall have the right
of appeal to the council and upon appeal such employee shall be given a
hearing either public or private as he may elect. The decision of the
council upon such hearing shall be final. Pending final action the city
manager may suspend such employee for not more than ten days.
§ 3.07. Investigation by Council or City Manager.—The council, or
a committee of the council, shall have the power to inquire into the conduct
of any office, department, agency or officer of the city and to make investi-
gations as to municipal affairs, and for that purpose may subpoena witness-
es, administer oaths, and compel the production of books, papers, and other
evidence. Failure to obey such subpoena or to produce books, papers or
other evidence as ordered under the provisions of this section shall con-
stitute a misdemeanor. The city manager shall have like powers over those
departments under his supervision.
§ 3.08. Budget.—(a) Preparation and Submission of Budget.—The
city manager, at least thirty-five days prior to beginning of each budget
year, shall submit to the council a budget and an explanatory budget mes-
sage. For such purposes, at such date as he shall determine, he shall obtain
from the head of each office, department or agency estimates of revenue
and expenditure of that office, department or agency, detailed by organiza-
tion units and character and object of expenditure, and such other sup-
porting data as he may request; together with an estimate of all capital
projects pending or which such department head believes should be under-
taken (a) within the budget year and (b) within the five next succeeding
years. In preparing the budget, the city manager shall review the esti-
mates, shall hold hearings thereon and may revise the estimates, as he
may deem advisable.
The budget message shall contain the recommendation of the city
manager concerning the fiscal policy of the city, a description of the im-
portant features of the budget plan, and explanation of all salient changes
in the budget submitted, as to estimated receipts and recommended ex-
penditures as compared with the current fiscal year, and a summary of
the proposed budget showing comparisons for at least the preceding two
years.
(b) School and Welfare Budgets.—It shall be the duty of the school
and of the welfare boards to submit their budget estimates to the city
manager at the same time as other departments and in the form prescribed
by the city manager. The action of the city manager and council on the
school and welfare boards shall have authority to expend in their discre-
tion the sum appropriated for their use, provided, that should they receive
an appropriation greater or less than their original request they shall
forthwith revise their estimate of expenditures and adopt appropriations
in accordance therewith. The school board and the welfare board shall
before the beginning of the fiscal year file with the city manager their
budgets as finally revised and its appropriations based thereon which need
not be itemized further than by operating units and principal objects of
expenditure. They shall each have power to order during the course of
the fiscal year transfers from one item of appropriations to another, notice
of which shall be immediately transmitted to the city manager.
(c) Budget a Public Record.—The budget and budget message and
all supporting schedules shall be a public record in the office of the city
clerk open to public inspection by anyone. The city manager shall cause
sufficient copies of the budget and budget message to be prepared for dis-
tribution to interested persons.
(d) Publication of Notice of Public Hearing.—At the meeting of the
council at which the budget and budget messages are submitted, the council
shall determine the place and time of the public hearing on the budget,
and shall cause to be published a notice of the place and time, not less than
peven days after date of publication, at which the council will hold a public
earing.
(e) Public Hearing on Budget.—At the time and place so advertised,
or at any time and place to which such public hearing shall from time to
time be adjourned, the council shall hold a public hearing on the budget
as submitted, at which all interested persons shall be given an opportunity
to be heard, for or against the estimates or any item thereof.
(f) Further Consideration of Budget.—After the conclusion of such
public hearing, the council may insert new items or may increase or de-
srease the items of the budget but only in such a manner that the total
anticipated revenue will equal the total proposed expenditures.
(gz) Vote Required for Adoption.—The budget shall be adopted by
he favorable votes of at least a majority of all the members of the council
voting.
(h) Date of Final Adoption; Failure to Adopt.—The budget shall be
inally adopted not later than the twenty-seventh day of the last month
f the fiscal year. Should the council take no final action on or prior to
uch day, the budget, as submitted, shall be deemed to have been finally
idopted by the council. |
(i) Budget Message; Current Operations.—The budget message sub-
nitted by the city manager to the council shall be explanatory of the budget,
hall contain an outline of the proposed financial policies of the city for
he budget year and shall describe in connection therewith the important
eatures of the budget plan. It shall set forth the reasons for salient changes
rom the previous year in cost and revenue items and shall explain any
najor changes in financial policy.
§ 3.09. Powers, Duties and Liabilities of Mayor and Council General-
v.—The common council and the mayor shall be vested with all powers,
luties and liabilities which are theirs by the general laws of this State.
§ 3.10. Power to Tax.—For the execution of their powers and duties
he common council of the city of South Norfolk shall have the power to
‘aise annually, by levies, taxes and assessments in the said city, such sums
f money as they shall deem necessary therefor, not in conflict with the
general laws of the State and in such manner as they may deem expedient
in accordance with the provisions of this act and the laws of the State and
of the United States.
The common council shall have the power to tax all real and personal
property situated in the said city and not exempt by law from said taxation
including all taxable real and personal property omitted from the State
assessment; to levy a tax on licenses of any person, firm or corporation not
exempt from paying a license tax by the general laws of the State of Vir-
ginia. And said city, through its common council, is in addition, authorized
to levy on all such real and personal property for city purposes a tax not
to exceed three dollars on the one hundred dollars of value of such prop-
erty, except that the rate on intangible property shall not exceed the rate
fixed by general law.
R § 3.11. Annual Assessment and Equalization of Assessments of Real
state.—
(1) The council of the city of South Norfolk shall have the power,
in lieu of the means and methods prescribed by law, to provide by ordinance
for the annual assessment and reassessment and equalization of assess-
ments of real estate for local taxation and to that end shall appoint as city
assessor or assessors, one or more persons, to assess or reassess for taxation
the real estate within the city of South Norfolk, and to prescribe the duties
and term of office of said assessor or assessors.
(2) Such assessor or 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 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 reassessments shall be made annually and the assess-
ments and reassessments so made shall have the same effect as if they had
been made by assessors appointed under the provisions of the said Code.
(3) The term of such assessor or assessors shall be fixed by the council,
and any vacancy or vacancies, however occurring, shall be filled by the
council. The council shall likewise fix the compensation of any such assessor
or 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 involved. 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.
(4) The corporation court of the city of South Norfolk, if the same
has been established by the General Assembly and if not, the Circuit Court
of Norfolk County or the Judge thereof in vacation shall, annually, appoint
for said city of South Norfolk, a board of review of real estate assess-
ments, to be composed of three members, who shall be freeholders of the
city for which they serve. The terms of such members shall commence
on their appointment and shall expire on the thirtieth day of November
of the year in which they are appointed, unless such terms are extended.
The said court or the judge thereof in vacation may extend the terms
of the members of the said board of review and shall fill any vacancy
therein for the unexpired 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 said court, and to be paid out of the treasury
of such city, and the court 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.
(5) Such board of review shall have and may exercise the powers
to revise, correct, and amend any assessment of real estate made by said
assessor in the year in which they serve, and to that end shall have all
powers conferred upon boards of equalization by general law. The pro-
visions of general law notwithstanding, 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.
(6) 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 general law.
(7) That this act shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.
All acts and parts of acts relating to the assessment of real estate in
cities not in conflict with the provisions of this act shall apply to the
assessments made pursuant to this act, and all acts or parts of acts in
conflict herewith are hereby repealed.
§ 3.12. Special Assessments.—All local or special assessments not
otherwise provided for shall be made by the city assessor or assessors, and
collected by the city treasurer under such regulations as the common
council may by ordinance prescribe.
Provision shall be made by ordinance for the method of levying and
apportioning such special assessments, for the publication of plans, for
serving notice upon the owners of property affected, and for giving to such
owners an opportunity to be heard before final action on the assessment.
Any person affected by such special or local assessment may appeal
from the decision of the city assessor or assessors as to any such assess-
ment.against him to the Corporation Court of the city of South Norfolk
or the Circuit Court of Norfolk County, if there be no corporation court
for the said city.
§ 3.13. Lien for Taxes.—There shall be a lien on all real estate and
every interest therein for the city taxes assessed thereon from the com-
mencement of the year for which they are assessed.
3.14. City Collector.—The council may direct the city manager to
appoint a city collector, and may define his powers, duties and compensa-
tion and may require such bond to the city, with security to be approved
by the council, conditioned to secure the faithful discharge of his duties to
the city, in such penalty as the council may deem proper.
Subject to the consent of the city manager, the city collector may
appoint such deputies and such other employees and assistants as may
be necessary to carry on the work in his department in all of its details
in an economical and satisfactory manner. The salaries of such deputies,
employees and assistants shall be at all times subject to approval by the
city manager.
3.15. Authority to Levy and Distrain for Taxes.—The officers of
the city whose duty it is to collect the city taxes and levies shall have all
powers to levy upon and distrain goods and chattels of the tax debtor or
any other persons therefor that may be given by the laws of this State
to the officer of a city whose duty it is to collect city levies and taxes.
§ 3.16. There shall be for the city of South Norfolk a treasurer to
be elected in the manner, at the time, and to hold office for the term,
prescribed by law. His duties and compensation shall be as prescribed
by general law.
§ 3.17. There shall be for the city of South Norfolk a commissioner
of revenue to be elected in the manner, at the time, and to hold office for
the term, prescribed by law. His duties and compensation shall be as
prescribed by general law.
§ 3.18. The treasurer and commissioner of revenue may appoint
such deputies in the manner prescribed by general law whose compensation
and duties shall be as so prescribed.
§ 3.19. If the council provides for a city collector, his powers, duties,
and compensation shall be such as are fixed by the council.
§ 3.20. Appointment and Terms of Clerk of Common Council and
City Attorney; Duties of Clerk.—The clerk of the common council and
the city attorney shall be appointed by the common council at its first
regular meeting in September in every odd number year or as soon there-
after as may be, and shall assume the duties of their offices on the first day
of October next succeeding. Their terms of offices shall be for two years
from the time fixed for their assuming the duties of their offices and they
shall serve until their successors shall have been appointed. The clerk of
the common council shall attend the meetings of the same and keep a
record of its proceedings and perform all other duties that may be required
of him by the common council.
3.21. Council—Powers.—All powers vested in the city shall be exer-
cised by the council except as otherwise provided in this charter. In addition
to the foregoing, the council shall have the following powers:
(a) To provide for the organization, conduct and operation of all
departments, bureaus, divisions, boards, commissions, offices and agencies
of the city.
( b) To create, alter or abolish departments, bureaus, divisions, boards,
commissions, offices and agencies other than those specifically established
by this charter.
(c) To create, alter or abolish and to assign and reassign to depart-
ments, all bureaus, divisions, offices and agencies except where such
bureaus, divisions, offices or agencies are specifically assigned by this
charter
(d) To provide for the number, titles, qualifications, powers, duties
and compensation of all officers and employees of the city.
(e) To provide for the form of oaths and the amount and condition of
surety bonds to be required of certain officers and employees of the city.
§ 3.22. Journal of Council Proceedings.—A journal shall be kept of
the proceedings of the common council, and at the request of any member
present the yeas and nays shall be recorded on any question. At the next
meeting the proceedings shall be read and signed by the person who was
presiding when the previous mecting adjourned or if he be not present,
by the person presiding when they are read. The clerk of the common
council shall keep the said journal and shall record the proceedings of the
council at large therein, and keep the same properly indexed.
§ 3.23. Vacancies in Elective Offices.—All vacancies occurring from
any cause in any office elective by the people of the city shall be filled for
the unexpired term by the corporation court if established, and if not, the
Circuit Court of Norfolk County, if such vacancy shall occur less than
one year before the date of the expiration of such term of office. If
such vacancy shall occur one year or more before such expiration of such
term of office, such vacancy shall be filled by the qualified voters of the
city at an election held for the purpose, which election shall be called by
the court which would otherwise have power to fill such vacancies. Pro-
vided, however, that in any vacancy occurring on the council that body
shall fill the same for the unexpired term in the same manner as herein
provided.
§ 3.24. Qualifications of Voters.—In all elections for offices of the said
city, all persons who may be, by the laws of this State, entitled to vote
for members of the general assembly shall be qualified to vote. The manner
of conducting elections under this act, so far as the same is not in conflict
herewith, shall be the same as prescribed by the general election laws of
is .
§ 3.25. Wards.—The said city shall be divided into as many wards
as the council may determine in such manner as to include as nearly as
may be consistent with the well defined limits of said wards, an equal
number of votes in each ward.
§ 3.26. Health Board; Health Officer and other Officers and Em-
ployees.—The common council shall have the power and authority to create
and maintain a health department. The health department shall consist
of a health officer appointed by the city manager and of such other officers
and employees as may be provided by ordinance.
§ 3.27. Police and Fire Department.—The council shall establish and
maintain the police and fire departments and fix the compensation of the
members thereof. The police force shall be under the control of the city
manager for the purpose of enforcing peace and order and executing the
laws of the State and ordinances of the city. They shall also perform such
other duties as the council may prescribe. For the purpose of enabling
them to execute their duties and powers 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 in general law.
§ 3.28. Authority for Payments by Treasurer.—No money shall be
paid out by the city treasurer except by order of the common council and
upon a warrant of the clerk of the common council countersigned by the
city manager.
§ 3.29. Notice Prior to Action Against City For Damages.—No action
shall be maintained against the said city for damages for any injury to
any person or property alleged to have been sustained 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 attor-
ney, or the personal representative of any decendent, whose death is result
of the alleged negligence of the city, its officers, agents or employees, of
the nature of the claim and the time and place at which the injury is
alleged to have occurred, or to have been received, shall have been filed with
the city attorney of said city within sixty days.
CHAP IV
BOND ISSUE
4.01. Serial Bonds—Sinking Fund Commissioners. —All bonds here-
after issued shall be in serial form payable, as consecutively numbered, in
annual installments the first of which shall be payable not more than five
years from the date of issue of such bonds. Bonds shall be authenticated
by the seal of the city and the signatures of the mayor and city clerk. All
bonds shall be made payable within the probable life of the improvement or
undertaking on account of which they are to be issued or, if the bonds are
to be issued for several improvements or undertakings, within the average
probable life of such improvements or undertakings. In the case of a bond
issue for several improvements and undertakings having different probable
periods of usefulness the council shall determine the average of said periods,
taking into consideration the amount of bonds to be issued on account of
each purpose, and the maturity life so determined shall be as near as
possible the average period of usefulness. No bonds shall be payable more
than thirty years after their date of issuance.
There shall be established a sinking fund for the amortization of the
outstanding bonds of the city. It shall consist of the cash and securities in
the sinking fund at the effective date of this charter change, together with
the sums hereinafter required to be paid into such fund and the interest
earned on any investments therein. There shall be included in the budget
and paid into the sinking fund annually the sum determined by the city
manager to be necessary on actuarial principles to amortize such bonds
at maturity. These actuarial principles shall be applied by figuring the
amounts from January Ist, 1954 for all bonds issued subsequent to that
date and not from the date of issue of each respective bond issue. The
sinking fund may be invested only in bonds or other direct obligations of
the United States of America, the Commonwealth of Virginia and the city
of South Norfolk, Virginia.
The managament of the sinking fund from the effective date of this
provision of the charter shall be entrusted to a Board of Sinking Fund
Commissioners which shall consist of the city manager, whosoever he
may be, and two qualified voters of the city, neither of whom shall hold
other office in the city, who shall be appointed, with reference to their quali-
fications for the conduct and management of financial affairs, by the council
for terms of four years, provided that of those first appointed one shall
serve for two years and one for four years from the first Tuesday in
September, 1952. Vacancies shall be filled by the council for the unexpired
portion of the term.
The members of the Board of Sinking Fund Commissioners shall meet
annually during the first week in January to organize the sinking fund
commission as herein provided. They shall elect a president, a secretary
and a treasurer. A person not a member of the commission may be elected
secretary.
All disbursements, investments, sale or transfer of securities shall be
upon resolution of the Board of Sinking Fund Commissioners.
The members of the Board of Sinking Fund Commissioners other than
the city manager, shall give bond with corporate security to the municipality
for the faithful performance of their duties in such sum as shall from
time to time be fixed by the city council. All surety bond premiums and all
expenses necessarily incurred by the Sinking Fund Commission in the dis-
charge of its duties shall be paid from general funds and not from the
sinking fund account.
The Board of Sinking Fund Commissioners shall report annually, on
or before January 15th, to the city council fully and in detail with reference
to the amount, investment and sufficiency of the sinking funds in their
hands as of December 31st of the previous year. Such report shall be spread
upon the minutes of the council.
§ 4.02. Bond Issue for Revenue Producing Utilities—The city is
hereby empowered to issue from time to time in the manner prescribed by
section one hundred twenty-seven (b) of the Constitution of Virginia bonds
of the city of South Norfolk for the purpose of acquiring, establishing, con-
structing, improving or enlarging any sewage disposal system, water work,
gas plant, electric plant, garbage and trash disposal system, inciner ator,
toll bridge, motor vehicle parking area or building, airport, or other
public utility, from which the city may derive a revenue; for the purpose
of reimbursing the general fund or other fund of the city for monies paid
from said fund or funds for such purposes; and/or for the purpose of
funding or refunding any existing indebtedness incurred for such purposes.
Such bonds shall not be included in determining the powers of the city to
incur indebtedness within the limitation prescribed by section one hundred
twenty-seven of the Constitution of Virginia; but, from and after a period
to be determined by the council, not exceeding five years from the date
of the election authorizing such bonds, whenever and for so long as any
such revenue producing utility fails to produce sufficient revenue to pay for
cost of operation and administration, including the interest and amortiza-
tion of such bonds, and the cost of insurance against loss by injury to
persons or property, all such bonds outstanding shall be included in deter-
mining the limitation of the power of the city to incur indebtedness under
any provision of this charter or under the provisions of section one hundred
twenty-seven of the Constitution of Virginia. The city may, however, issue
bonds from time to time for any or all of such purposes, including reim-
bursement of funds and the funding or refunding of existing indebtedness,
in the manner prescribed by section one hundred twenty-seven (b) of the
Constitution of Virginia, the principal and interest of which bonds shall
be payable exclusively from the revenue producing utilities and for which
payment of principal and interest the full faith and credit of the city shall
not be deemed to be pledged notwithstanding any other provision of this
charter, and such bonds shall never be included in determining the limita-
tion of the power of the city to incur indebtedness under the provisions of
this charter or under the provisions of section one hundred twenty-seven
of the Constitution of Virginia.
§ 4.03. Contents of Bond Ordinance for Revenue Producing Utilities.—
The ordinance authorizing the issuance of any bonds for any revenue
producing utility shall state either:
(a) That the bonds shall be payable from the ad valorem taxes without
limitation of rate or amount; the full faith and credit of the city is deemed
to be pledged for the payment of principal and interest thereof; and the
bonds are to be issued pursuant to the provisions of section one hundred
twenty-seven (b) of the Constitution of Virginia and are not to be included
in determining the power of the city to incur indebtedness within the
limitation prescribed by section one hundred twenty-seven of the Consti-
tution of Virginia; provided, however, that from and after a period speci-
fied in such ordinance not exceeding five years from the date of the election
authorizing the bonds, whenever and for so long as such revenue producing
utility fails to produce sufficient revenue to pay for the cost of operation
and administration, including the interest on such bonds, and the cost of
Insurance against loss by injury to persons or property, and an annual
amount to be covered into a sinking fund sufficient to pay all such bonds
outstanding shall be included in determining the limitation of the power
of the city to incur indebtedness; or
(b) That the principal and interest of such bonds shall be payable
exclusively from the revenue of such revenue producing utility, the faith
and credit of the city of South Norfolk shall not be deemed to be pledged
for the payment of such principal and interest; and the bonds are to be
issued pursuant to the provisions of section one hundred and twenty-seven
(b) of the Constitution of Virginia and are never to be included in deter-
mining the power of the city to incur indebtedness within the limitation
prescribed by section one hundred twenty-seven of the Constitution of
Virginia.
4.04. Funding of Revenues Derived from Utilities. —The Council shall
provide that revenues derived from revenue producing utilities shall be
maintained separately from the general fund, with a special fund for each
such utility, and monies from such fund shall not be transferred to the
yeneral fund until the operating expenses and the amortization of the bonds
of such utility have been provided for.
4.05. Bond Issues and Temporary Loans.—The common council of
the city of South Norfolk shall not hereafter issue any bonds for any pur-
pose, other than bonds which may be issued under and in accordance
with the provisions of chapter twenty-six of the Acts of the General
Assembly of Virginia of nineteen hundred and thirty-three, approved
September seventh, nineteen hundred and thirty-three, and amendments
thereof, unless and until such issue shall be ratified by a majority of the
votes cast at an election held for the purpose. The common council, when-
aver four-fifths of its members by a recorded vote shall decide that it is
to the interest of the city so to do, shall provide by ordinance for a bond
issue election.
In anticipation of the receipt of taxes and revenues of the current
fiscal year, it shall be lawful for the city of South Norfolk to borrow money
temporarily in any fiscal year and to issue notes or other evidences of the
indebtedness therefor, and from time to time to renew such temporary
loans, including all renewals thereof, shall not be made for a greater period
than one year and shall not exceed in the aggregate at any one time the
uncollected portion of the estimated revenue for the year in which they
are made. All such temporary loans shall be evidenced by instruments
upon the face of which there shall be plainly written ‘‘temporary loan”’.
Such temporary loans may be made and notes or other evidences of indebt-
edness issued therefor pursuant to a resolution or ordinance of the common
council of the city of South Norfolk, and no election shall be necessary to
authorize such temporary loans or the issuance of notes or other evidences
of indebtedness therefor. Such notes or other evidences of indebtedness
issued in anticipation of the receipts of taxes and revenues of the current
fiscal year shall be general obligations of the city of South Norfolk, for
the payment of which the full faith and credit of said city shall be deemed
to be pledged.
CHAP V
OURTS
§ 5.01. Certain Officers Enumerated; Elections, Terms; Powers and
Duties ; Compensation.—There shall be for said city a judge of the corpo-
ration court, a Commonwealth’s attorney, a clerk of the corporation court
and a sergeant, each of whom shall be elected in the manner and at the
time, and to hold office for the time prescribed by law; they shall respec-
tively perform such duties, have such powers, and be liable to such penal-
ties as may be prescribed by the laws of the State or the ordinances of the
city, made in pursuance thereof; and such officers shall receive such com-
pensation as may from time to time be fixed in accordance with general law.
5.02. Corporation Court Judge, Election.—The General Assembly
shall by joint resolution of both houses elect a corporation court judge for
the city of South Norfolk at such time as the public interest may require.
§ 5.08. Circuit Court of Norfolk County, Jurisdiction Pending Estab-
lishment of Corporation Court for the city of South Norfolk.—The jurisdic-
tion of the Circuit Court of Norfolk County shall continue in all respects
as presently constituted until the establishment of the corporation court as
herein provided.
Upon the establishment of the corporation court for the city of South
Norfolk, all cases then pending in the Circuit Court of Norfolk County,
together with all papers, documents and records appurtenant thereto,
shall be transferred to and thereafter conducted in the corporation court
for the city of South Norfolk; provided, however, that this shall only apply
to such cases and proceedings as could have been brought in the corpora-
tion court for the city of South Norfolk had such corporation court been
in existence and had jurisdiction in such city at the time of the cause of
action.
The corporation court shall have jurisdiction to hear and determine
all causes of action arising within the city prior to its establishment that
it would have as to such causes and proceedings arising therefrom within
the city subsequent to its establishment.
The corporation court for the city of South Norfolk shall have such
jurisdiction within the city as is conferred upon corporation courts for
city by general law.
5.04. Civil and Police Justice, Substitute Civil and Police Justice,
Clerk of Civil and Police Justice Court.—The corporation court of the
city of South Norfolk, if established by the General Assembly, and, if not,
the Circuit Court of Norfolk County shall on the first day of September,
nineteen hundred fifty-five and every four years thereafter appoint
a civil and police justice and a substitute civil and police justice for
the said year, who shall serve for four years from the date of his
appointment and until his successor is appointed by the court and
qualifies. The civil and police justice shall be an attorney at law qualified
and authorized to practice in the State of Virginia and shall be above the
age of twenty-six years.
Said civil and police justice is hereby vested with all the powers,
authority and jurisdiction and charged with all the duties within and
for the city of South Norfolk, and in criminal matters for one mile beyond
the corporate limits thereof, which are, or may hereafter be, conferred
upon civil and police justices by the laws of the State of Virginia, so far
as the same may be applicable and not in conflict with the provisions of
this charter; and any amendments of the civil and police justice laws of
the State shall be considered as amendments also of this section of
this charter, if the same are applicable hereto. The civil and police
justice may also be the juvenile and domestic relations judge of said city
and his jurisdiction, powers, authority, and duties shall be the same as
are now conferred and imposed upon such judges and courts by the laws
of Virginia and the amendments thereto or hereafter enacted.
Fees and costs shall be assessed by the civil and police justice and
shall be collected as provided by the laws of the State of Virginia relating
to civil and police justices as the same shall now be or hereafter amended.
All fees and costs collected for the city by the said civil and police justice
and all fines collected for violations of all laws and ordinances of the city
shall be paid into the city treasury for the use and benefit of the city.
Removals in civil cases, and appeals from the decisions of the civil
and police justice may be taken to the Circuit Court of Norfolk County
or the corporation court of the said city, if the said court has been created
pv the General Assembly, in the same manner, and upon the same terms,
and shall be tried in the same way as removals, or as appeals from the
lecision of civil and police justices are now provided to be taken and
ried by the laws of the State of Virginia, relating to such justices, or as
che same shall be hereafter amended. |
The council of said city shall provide a salary to compensate such
‘ivil and police justice and substitute civil and police justice in such
amount and payable at such times as the council shall deem proper, and
fhe council may provide also for a vacation period, and for such duration,
is in the judgment of the council may be proper.
The qualifications of the substitute civil and police justice shall be the
same as those imposed and required of the civil and police justice and he
shall act for and in the place of the civil and police justice when the civil
ind police justice is unable to perform his duties for any reason.
The council may, by ordinance, impose upon the civil and police justice
and substitute civil and police justice such other duties as it may deem
oroper and expedient, including the time and place of holding court.
The civil and police justice shall not practice law in the civil and
police justice court, but this provision shall not apply to the substitute.
[he civil and police justice, during his term as such, shall hold no-other
municipal office, nor shall he be eligible to hold any federal or state political
Office. :
Subject to the provisions of this charter, the civil and police justice
shall be under the general supervision of the circuit or corporation court
of the city or if there be two or more such courts then the one exercising
criminal jurisdiction is hereby designated.
The civil and police justice and the substitute shall, before assuming
office, give bond in like manner as provided for trial justices under the laws
of Virginia.
The civil and police justice shall have power to appoint a clerk of the
civil and police justice court whose term of office, qualifications and com-
pensation shall be fixed by the council.
§ 5.05. Detention in County Jail_—The jailer of the county of Nor-
folk is hereby authorized to receive into his jail, and there keep until re-
leased in accordance with law, any person regularly committed to his jail
for the violation of any city ordinance, regulation or by-law; and unless
otherwise provided by city ordinances any sentence or imprisonment im-
posed or order for confinement in prison for non-payment of any fine,
penalty or costs imposed by the civil and police justice for the violation
of a city ordinance, regulation or by-law, may be whether in the city prison
or in the county jail of Norfolk County as the civil and police justice im-
posing such sentence or making such order shall designate.
CHAP VI
ZONING
§ 6.01. Ordinances, Regulations and Restrictions, Board of Zoning
Appeals.—For the purpose stated in Article 1 of Chap 24 of Title 15
of the Code of Virginia, the city council is hereby empowered to pass
zoning ordinances in conformity with the said act, as amended, subject,
however, to the following modifications thereto:
' (a) For any or all of the aforesaid purposes, the council may divide
the city.
(b) The zoning ordinances and set back lines as they now exist shall
continue to be in full force and operation until amended or repealed by
the city council.
(c) Any zoning ordinances, regulations, restrictions, and boundaries
of districts may be changed from time to time by the council, either upon
its own motion or upon petition, under such conditions as the council may
prescribe, aftér a public hearing, and adequate notice to all owners and
parties affected as required by § 15-822 of the Code of Virginia. If a
protest or protests be filed with the council, signed by the owners of twenty
per centum or more of the area of the land included in the proposed change,
or by the owners of twenty per centum or more of the area of land im-
mediately adjacent to the land included in the proposed change, within
a distance of one hundred feet therefrom, or by the owners of twenty
per centum or more of the area of the land directly opposite across any
street, or streets from the land included in the proposed change, within a
distance of one hundred feet from the street lines directly opposite, then
no such change shall be made except by the majority vote of all of the
members of the council. No change shall be made by the council in any
zoning ordinance or map until such change has been referred to the city
planning commission for a report thereon, and no action shall be taken by
the council until a report has been received from the commission, unless
a period of thirty (30) days has elapsed after the date of reference to
the commission.
(d) The board of zoning appeals shall consist of five (5) members
appointed by the city council for a term of three (3) years, and in so far
as not inconsistent with this charter and the existing ordinances now in
effect or hereinafter enacted, the powers, duties, authority and procedure
of Article 1 of Chap 24 of Title 15 of the Code of Virginia shall govern.
(e) The board of zoning appeals shall elect a secretary who shall
keep a written record of proceedings at its meetings. All official orders,
decisions and permits issued by the board shall be in writing and a copy
thereof shall be delivered to the office of the building inspector of the
city within five (5) days after such order, decision, or permit is arrived
at or issued.
(f) The council may remove any member of the board for cause,
after a public hearing. If a vacancy occurs otherwise than by the expira-
tion of the term of the different members, it shall be filled by the council
for the unexpired term.
(gz) Unless the council designates some member of the board as chair-
man, the board shall select a chairman and secretary from among its own
members. The board may employ such persons as the council may approve,
and may expend such sums as are appropriated by the council for its work.
§ 6.02. The council shall have power to designate the board of zoning
appeals as the planning commission of the city or it may establish a
separate municipal planning commission. In either event, the council shall
have power to require cooperation with regional planning commissions,
with planning commissions in adjacent counties and cities, and take such
other steps as may be necessary to provide an integrated and orderly
plan of development for the city and, to the extent that other counties,
cities and towns cooperate therein, for the area surrounding the city.
CHAP VII
GENERAL PROVISIONS
§ 7.01. School Board.—(a) There shall be a school board of the city
of South Norfolk which shall consist of five trustees who shall be residents
of the city of South Norfolk, who shall be appointed by a majority vote
of the whole membership of the city council as hereinbefore provided. (b)
Any vacancy occurring in said school board by expiration of term of
office or other reason shall be filled by a majority vote of the said city
council. The said school board shall have all the powers and duties relating
to the management and control of the public schools of the city provided
by the general laws of Virginia. (c) The said school board shall make such
reports to the city manager as the said city manager and council may
require.
§ 7.02. Powers of Council Over Members; Compensation.—The com-
mon council shall judge of the election qualifications and return of its
members; may compel the attendance of absent members and punish and
fine them for disorderly behavior. Each councilman shall receive a salary
to be fixed by the council of at least sixty dollars per month for his services
and the mayor shall receive at least eighty dollars per month for his
services, but in no event shall such compensation for any member exceed
one hundred and twenty-five dollars per month.
-§ 7.03. Working Prisoners.—Subject to the general law of the State
regulating the working of those convicted of offenses against the State,
the council shall have the power to provide by ordinance for the employ-
ment or the working, either within or without the city limits, or within or
without any city prison or jail, of all persons sentenced to confinement in
said prison or jail for the violation of the laws of the State of Virginia or
the ordinances of the city of South Norfolk.
§ 7.04. Duties of Assessors, Etc.—In addition to the duties set forth
in § 3.11 of this charter, the city assessor or assessors as provided shall
supervise and be responsible for the assessment of all property, within the
corporate limits of the city for taxation, including among others, real and
personal property and machinery and tools and they shall make all special
assessments for the city government and give notice of taxes and assess-
ments as may be required by law.
CHAP VIII
TRANSITIONAL PROVISIONS
§ 8.01. All valid contracts and obligations heretofore or hereafter
made by the council of the city of South Norfolk while in office, not incon-
sistent with this charter, or with the Constitution or general laws of the
State of Virginia, shall be and are hereby declared to be valid and legal.
-f 8.02. All ordinances and resolutions in force in the city of South
Norfolk immediately before the passage of this Act shall be and remain in
force until altered, amended, or repealed by the council of the said city.
§ 8.03. Except as herein specifically provided nothing in this Act
contained shall affect the term of office of any officer of the city, or judge,
or member of any board elected or appointed for a fixed term, and the
existing functions and duties of all officers and all contracts and obligations
heretofore made or provided for by the city shall continue in full force and
effect until such times as changed by the council of the said city, or by
general law.
§ 8.04. On the second Tuesday in June, nineteen hundred fifty-two,
there shall be held a general city election at which shall be elected by the
qualified voters of the city, as presently constituted, the officers for whom
this charter makes provision and who are required to be elected in June.
Those officers required to be elected in November shall be elected in Novem-
ber, nineteen hundred fifty-two.
2. 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.
3. Chapter ninety-one of the Acts of Assembly of nineteen hundred
nineteen, approved September eleven, nineteen hundred nineteen, and all
amendments thereto, and all acts and parts of acts, inconsistent herewith,
are repealed.
4. An emergency exists and this act is in force from its passage.