CHAPTER 12

An Act to amend and reenact §§ 1, and 65 as amended, of Chapter 467 of
the Acts of Assembly of 1901-2, approved April 2, 1902, which chapter
provided a new charter for the town of Covington, Virginia, and which
sections relate to the boundaries and the powers of taxation of said
town, respectively; to further amend the chapter by adding thereto a
section to be numbered 71, which section relates to the transition of
the town of Covington to a city; and to repeal § 29, as amended, of
said chapter which relates to the manner of filling vacancies on the
Council.

fH 11]

Approved December 16, 1952
Be it enacted by the General Assembly of Virginia:
1. That §§ 1, and 65 as amended, of Chapter 467 of the Acts of Assembly

of 1901-2, approved April 2, 1902, be amended and reenacted; and that

pies chapter be further amended by adding thereto a section numbered 71 as
ollows:

§ 1. *The boundaries of the town shall be as described in § 1 of
Chapter 467 of the Acts of the General Assembly of 1901-2, approved
April 2, 1902, and as modified and enlarged by the decree of the circuit
court of Alleghany county, entered on October 1, 1951, in the annexation
proceedings styled Town of Covington v. County of Alleghany, Virginia,
which decree is recorded in the clerk’s office of the circuit court of
a onany county, Virginia, in the Common Law Order Book 17 at page

91, et seq.

§ 65. The council shall annually, at its regular meeting in May, or
as soon thereafter as practicable, order a levy upon all male and female
persons within said town over twenty-one years of age, not exempt by law
from the payment of the State capitation tax, and on all real estate and
personal property within said town subject to local taxation and not
expressly segregated to the State for purposes of State taxation only;
provided, however, that the tax on persons shall be fifty cents and the tax
on real estate and personal property shall * not exceed the rate of three
dollars on each one hundred dollars of the assessed valuation thereof.

8 71. Whenever in any proceedings, whether now pending or here-
after brought, under Code §§ 15-78 to 15-82 inclusive, the town of Coving-
ton is ascertained and declared to be and becomes a city, then and in such
event :

(1) The provisions of Code §§ 15-88 to 15-89 inclusive, Code §§ 15-938
to 15-97 inclusive, Code §§ 15-99 to 15-106 inclusive, and Code § 15-109
Shall apply to and govern the transition of the town of Covington to the
city of Covington in all respects; and the terms city or city of the second
class as used in said provisions of the Code shall be taken to mean and
include the city of Covington.

(2) The city of Covington shall at once be. become and continue in
every respect within the jurisdiction of the circuit court of Alleghany
county and there shall be one and the same circuit court for the county of
Alleghany and the city of Covington. There shall be for said county of
Alleghany and the city of Covington but one courthouse and county clerk’s
office and the county clerk of the county of Alleghany shall continue in all
respects as the clerk of such circuit court. Such court shall continue to be
within the nineteenth judicial circuit and to be known as the circuit court
of the county of Alleghany; and such court shall have the same jurisdiction
in the city of Covington in all respects as corporation courts have in other
cities of its class.

(8) The city of Covington shall at once be, become and continue in
every respect within the jurisdiction as presently constituted of the trial
justice court and the juvenile and domestic relations court of Alleghany
county and there shall be one and the same trial justice court and one and
the same juvenile and domestic relations court for said county of Alleghany
and said city of Covington. Said courts and the trial justice and judge
and clerk thereof respectively shall continue in all respects to have and
exercise within the city of Covington all the jurisdiction, authority and
power which they now have and exercise within the town of Covington;
provided, however, that nothing in this subsection contained shall be con-
strued or taken to confer on said trial justice court or juvenile and domestic
relations court or the judge or justice thereof, the right and authority to
issue warrants, summons witnesses, try cases involving violations of city
ordinances or the collection of city taxes or assessments or any other debts
due and owing to such city so long as such right and authority by resolution
of the council of the city is conferred upon and invested in the police justice
of the city. The costs and expenses of the trial justice court of the county
of Alleghany and the juvenile and domestic relations court of said county
including the respective salaries of the justice, judge and clerk thereof
shall be borne by the city of Covington and the county of Alleghany in
the proportion that the population of each bears to the aggregate popula-
tion of the city and county.

(4) The treasurer, commissioner of revenue and sergeant of the
city of Covington shall be elected for the first time and subsequently in
the manner and for the terms provided by general laws affecting cities
of its class except that they shall be elected at the times provided by general
law for the election of the attorney for the Commonwealth and sheriff of
the county of Alleghany. And in the case of a vacancy in the office of
the treasurer, commissioner of revenue or sergeant of the city the same
shall be filled by appointment of the circuit court of Alleghany county,
Virginia, or by the judge thereof in vacation. The elective officers of the
city shall qualify before the circuit court of Alleghany county or before
the judge thereof in vacation or before the clerk of such court in the
clerk’s office.

(5) The department of public welfare and the local board of public
welfare shall be constituted as provided by general law.

(6) There shall be a school board of the city of Covington which
shall consist of three trustees who shall be residents of the city of Coving-
ton, and shall be appointed by the city council. The first appointment
hereunder shall be made one for a term beginning on the date of appoint-
ment and continuing until July 1, 1958, one for a term beginning on the
date of appointment and continuing until July 1, 1954, one for a term
beginning on the date of appointment and continuing until July 1, 1955,
and thereafter all appointments shall be for the term of three years. Any
vacancy occurring in said school board by expiration of term of office or
other reason shall be filled by majority vote of the city council. The said
school board shall have all the powers and duties relating to the manage-
and control of the public schools of the city provided by the general laws
of Virginia.

(7) Notwithstanding the provisions of paragraph (6) hereof, by
agreement between the council of the city of Covington and the board of
supervisors of the county of Alleghany, with the approval of the State
Board of Education, the city of Covington and the county of Alleghany
may be constituted a single school division, which shall in all respects be
subject to the provisions of general law applicable to school divisions. Upon
the creation of such school division, the school boards of such city and
county shall be abolished and supervision of schools in such division shall
be vested in a single school board to be composed as follows: school trus-
tees, residents of the county, to the number and selected in the manner
provided by general law for school boards of counties: and an equal num-
ber of members, residents of the city appointed by the council of the city.

(8) The city of Covington 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 conduct of a city government the exercise of which is not
expressly prohibited by the 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. That section 29, as amended, of Chapter 467 of the Acts of Assembly
of 1901-2, approved April 2,1902, is repealed.
3. All acts and parts of acts that conflict with this act are hereby
repealed insofar as they affect the provisions of these amendments to the
charter of the town of Covington.

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