CHAPTER 213

An Act to provide a charter for the city of Colonial Heights, and to re-
peal Chapter 144 of the Acts of Assembly of 1950, entitled “An act
to provide a new charter for the city of Colonial Heights ...°, as
amended.

fH 128]

Approved March 9, 1960

Be it enacted by the General Assembly of Virginia:
CHAP. 1
INCORPORATION AND BOUNDARIES

§ 1.1 Incorporation. .

The inhabitants of the territory comprised within the limits of the
City of Colonial Heights, as the same now are or may hereafter be estab-
lished by law, shall continue to be a body politic and corporate under the
name of the City of Colonial Heights, 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.

§ 1.2. Boundaries.

The corporate limits of the City of Colonial Heights shall be those
set forth in Chapter 144 of the Acts of Assembly of 1950 and changed and
altered by decrees entered in the Circuit Court of Chesterfield County,
Virginia, in the annexation proceedings styled P. W. Covington, and
others, versus City of Colonial Heights, and others, and Charles Berberich,
and others, versus City of Colonial Heights, and others.

CHAP. 2
POWERS

§ 2.1. 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 Consti-
tution 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 par-
ticular powers in this charter shall be held to be exclusive but shall be held
to be in addition to this general grant of powers.

§ 2.2. Powers enumerated by the General Statutes of Virginia.

The powers set forth in Section 15-77.1 through 15-77.70 of Chapter
5.1 of the Code of Virginia of 1950 as in force on November 1, 1959, are
hereby conferred on and vested in the City of Colonial Heights.

§ 2.3. Other Powers.

In addition to the powers granted by other Sections of this Charter,
the City shall have the power:

(a) To impose special or local assessments for local improvement and
force payment thereof, subject, however to such limitations prescribed by
the Constitution and Laws of Virginia, as may be in force at the time of
the imposition of such special or local assessments.

(b) 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; unless prohibited by general law to require licenses, prohibit the
conduct of any business, profession, vocation or calling without such a li-
cense, require taxes to be paid on such licenses in respect of all businesses,
professions, vocations and callings which cannot, in the opinion of the
council, be reached by the ad valorem system; and to require licenses of
owners of vehicles of all kinds for the privilege of using the streets, alleys
and other public places in the city, require taxes to be paid on such licenses
and prohibit the use of streets, alleys and other public places in the city
without such license; provided, however, that nothing herein contained
shall be construed as permitting the city to levy and collect directly or in-
directly a tax on payrolls.

(c) To appropriate, without being bound by other provisions of this
charter, in an amount of not more than five per cent of the receipts of the
preceding fiscal year for the purpose of meeting a public emergency threat-
ening the lives, health or property of the inhabitants of the city, provided
that any such appropriation shall require the affirmative votes of a major-
ity of the entire council and that the ordinance making such appropriation
shall contain a clear statement of the nature and extent of the emergency.

(d) To control and regulate the use and management of all property
of the city, real and personal, and specifically to rent or lease under such
regulations as the school board shall deem expedient, school buildings,
lands, grounds and equipment to persons or organizations for such health,
educational, civic or recreational purposes as the school board shall deem
prudent and beneficial to the community.

(e) To acquire, construct and maintain or authorize the construction
and maintenance of bridges, viaducts or underpasses over or under any
stream, creek or ravine when any portion of such bridge, viaduct or under-
pass is within the city limits, 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.

(f) To provide for the prevention of vice, immorality, vagrancy,
street begging and drunkenness; prevention and quelling of riots, dis-
turbances and disorderly assemblages; suppression of houses of ill-fame
and gambling places; prevention of lewd and disorderly conduct or exhi-
bitions; and prevention of conduct in the streets dangerous to the public;
and to expel therefrom persons guilty of such conduct who have not
resided therein as much as one year.

(g) To regulate the construction, maintenance and repair of build-
ings and other structures and the plumbing, electrical, heating, elevator,
escalator, boiler, unfired pressure vessel, and air conditioning installations
therein, for the purpose of preventing fire and other dangers to life and
health.
(h) To establish, construct, maintain, regulate, and operate public
employment bureaus, public markets, public improvements of all kinds,
including municipal and other buildings, armories, jails, comfort stations,
and all buildings and structures necessary or appropriate for the use In
proper operation of the various departments of the city and to acquire by
condemnation or otherwise, all lands, riparian or other rights and ease-
ments necessary for such improvements or any of them; and to make and
enforce such regulations as shall be necessary to prevent huckstering,
forestalling or regrating.

(i) To establish, open, widen, extend, improve, construct, maintain,
light, sprinkle and clean, public highways, streets, alleys, boulevards and
parkways, and to alter or close the same; to establish and maintain parks,
playgrounds and such public grounds; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains, and to regulate the
use of all such highways, parks, public grounds and works; to plant and
maintain shade trees along the streets and upon such public grounds; to
prevent the obstruction of such streets and highways, abolish and prevent
grade crossings over the same by railroads in the manner prescribed by
general law for elimination of grade crossings; to require any railroad
company operating a railroad at the place where any highway or street
is crossed within the city limits to erect and maintain at such crossing
any style of gate deemed proper and keep a man in charge thereof or keep
a flagman at such crossing during such hours as the council may require,
in accordance with the provisions of §§ 56-406.1 and 56-406.2 and other
sections of the Code of Virginia and to regulate the length of time such
crossings may be closed due to any operations of the railroads in accord-
ance with §§ 56-412.1 and 56-412.2 of the Code of Virginia; to regulate
the operations, weight of load, and speed of all cars and vehicles using
the same, as well as the operation and speed of all engines, cars and trains,
or railroads within the city; to regulate the service to be rendered, includ-
ing route traversed, and rates charged by buses, motor cars, cabs and other
vehicles for carrying passengers for hire and by vehicles for the transfer of
baggage; to permit railroads and bus lines to be built in the streets and
alleys; and to determine and designate the route and grade thereof; and to
specify and require the proper construction and maintenance of the
streets between the rails and on either side thereof for such distance as
such streets may be affected by the construction, operation, repair or main-
tenance of such railroads, bus lines, and to require the construction of so
much of said street as may be damaged by the removal of such railroad or
bus line; to permit or prohibit poles and wires for electric, telephone and
telegraph purposes, to be erected and gas pipes to be laid in streets and
alleys, and to prescribe and collect an annual charge for such privileges,
heretofore or hereafter granted; to require the owner or lessee of any
electric light, telephone or telegraph pole, or poles or wires now in use or
hereafter erected, to change the location or move the same; to open, lay
out, and improve new streets across the track or tracks, yard or yards, of
any railroad in the city and any such new or existing street or streets
may cross any such track or tracks, of any railroads in the city, in the
discretion of the council, either at grade, or pass above or below any such
existing structure or structures; provided, that after due notice to such
railroad company and full opportunity to be heard, and after the council
shall have decided whether such crossing shall be made at grade, or pass
above or below any such existing structure or structures, the plans and
specifications for such crossing, as the council shall have determined upon,
shall be submitted to the principal agent of such railroad company in the
city, and in the event the city and railroad company cannot, within sixty
days thereafter, agree upon such plans and specifications, or cannot agree
in regard to the division of the cost of constructing such crossing, then
the city shall submit such plans and specifications to the State Corporation

Commission, and the State Corporation Commission, after reasonable
notice to such railroad company and after hearing such evidence as either
party may adduce, shall approve, or revise and approve, the plans for
such crossing as the council shall have determined shall be made, or sub-
stitute such other plans or character of crossing, whether at grade, over-
head or underpass, as the State Corporation Commission may deem
proper under all the facts, circumstances and conditions in the case; the
said improvements shall be made by the company whose track is to be
crossed and the expense thereof shall be borne as provided by the general
law, and after such crossing shall have been constructed, it shall be main-
tained by such railroad company or by the lessee thereof; and to do all
other things whatsoever adapted to make said streets and highways safe,
convenient and attractive.

(j) To acquire by gift, purchase, exchange, or by the exercise of the
power of eminent domain within this State, lands, and any interest or
estate in lands, rock quarries, gravel pits, sand pits, water and water
rights, and the necessary roadways thereto, either within or without the
city and acquire and install machinery and equipment, and to build the
necessary roads or tramroads thereto; and operate the same for the
purpose of producing materials required for the construction, repair and
maintenance of streets, highways, sidewalks, waterworks, reservoirs,
sewer, electric lights and public buildings in the city; and to acquire by
gift, purchase, exchange, or by the exercise of the power of eminent
domain within this State, lands and machinery and equipment, and build
and operate a plant or plants for the preparation and fixing of materials
for the construction of improved streets and other public improvements,
and the maintenance and repair thereof; and to build and operate coal
tipples and yards in connection therewith.

(k) To collect and dispose of sewerage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, and to make reasonable charges
therefor; and to acquire and operate reduction or other plants for the
utilization or destruction of such materials, or any of them; to contract
for and regulate the collection and disposal thereof, and to require and
regulate the collection and disposal thereof and to regulate the disposal
of commercial and industrial garbage and refuse and to make such addi-
tional reasonable charges as are necessary and commensurate with the
volume of commercial and industrial garbage and refuse collected or dis-
posed of at such additional charges as are reasonable to dispose of com-
mercial or industrial garbage or refuse in a sanitary and healthful manner.

(1) To regulate or prevent slaughter houses or other noisome or of-
fensive business within said city, the keeping of hogs, dogs, cats, cattle or
other animals, poultry or other fowls therein, or the exercise of any dang-
erous or unwholesome business, trade or employment therein; to regulate
the transportation of all articles through the streets of the city; to compel
the abatement of smoke and dust, and prevent unnecessary noise; to regu-
late the location of stables and the manner in which they shall be kept
and constructed; to regulate the boards, and generally to define, prohibit,
abate, suppress and prevent all things detrimental to the health, morals,
aesthetics, safety, convenience and welfare of the inhabitants of the city:
and to require all owners or occupants of property having sidewalks in
front thereof to keep the same clean and sanitary, and free from all weeds,
filth, snow and unsightly deposits.

_ (m) To provide by ordinance for a system of meat and milk inspec-
tion, and appoint meat and milk inspectors, agents, or officers to carry the
same into effect, within the corporate limits of the said city; to license,
regulate, control and locate slaughter houses within the corporate limits
of the city; and for such services of inspection to make reasonable charges:
and to provide such reasonable penalties for the violation of such ordi-
nances.

(n) To acquire by purchase, gift, devise, condemnation or otherwise,
lands, within, or acquire by purchase, gift, devise or otherwise lands with-
out the city, to be used, kept and improved as a place for the interment of
the dead, and to make and enforce all necessary rules and regulations for
the protection and use thereof; and generally to regulate the burial and
disposition of the dead, including the establishment and maintenance of a
crematory. Subject to limitations prescribed by the Constitution and the
Laws of Virginia, the city may remove at its own expense, abandoned
graves or abandoned grave yards to public city-maintained cemeteries.

(0) To license and regulate the holding and location of shows, cir-
cuses, public exhibitions, carnivals and similar shows or fairs, or prohibit
the holding of the same or any of them within the city.

(p) To do all things whatsoever necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries, of the city, or its
inhabitants.

(q) To contract with the County of Chesterfield or the City of Peters-
burg regarding the health and welfare of the citizens residing in said
city, pending the setting up of a Board of Health and Welfare Department
in said city; and also regarding any water, sewer, sewer disposal, garbage
disposal or other municipal functions which may be for the best interest
of the citizens of said city and said county or the City of Petersburg.

(r) To regulate the speed of vehicles and parking in private parking
and general shopping areas, upon the request of and with the consent of
the owners thereof.

(s) To extinguish and prevent fires and to compel citizens to render
assistance to the fire department in case of need, and to establish, regu-
late, and control a paid or voluntary fire department or division; to regu-
late the size, height, materials and constructions of buildings, fences,
walls, retaining walls and other structures hereafter erected in such
manner as the public safety and convenience may require; to remove or
require to be removed or reconstructed any building, structure or addition
thereto which by reason of dilapidation, defect of structure, damage by
fire, or other causes, may have become dangerous to life or property, or
which may be erected contrary to law; to establish and designate, from
time to time, fire limits, within which limits wooden buildings shall not
be constructed, removed, added to, enlarged or repaired, and to direct any
or all future buildings within such limits shall be constructed of stone,
natural or artificial, concrete, brick, iron, or other fireproof materials; and
may enact stringent and efficient laws for securing the safety of persons
from fires in halls and buildings used for public assemblies, entertain-
ments or amusements.

(t) To charge and to collect fees for permits to use public facilities
and for public service and privileges.

(u) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace or safety of the
city, from coming to said city from without the same; and for this purpose
to require the owner of any conveyance other than a common carrier
bringing such person to the city to take such person back to the place
when he was brought, or enter into bond with satisfactory security that
such person shall not become a charge upon said city within one year from
the date of his arrival; also to expel from the city all persons found therein
dangerous to the peace, safety, and welfare of the city.

(v) If any ground in the said city shall be subject to be covered by
stagnant water or if the owner or occupant thereof shall permit any
offensive or unwholesome substance to remain or accumulate thereon, the
said council may cause such ground to be filled up, raised, or drained, 01
may cause such substance to be covered or removed therefrom, provided.
that reasonable notice shall be first given to said owner or occupant or his
agent. In case of nonresident owners who have no agent in said city, such
notice may be given by publication for not less than ten days in any news-
paper having general circulation in said city, and in addition notice shall
be sent by registered mail to his last known address.

(w) To direct or prevent the location of all buildings for storing
gunpowder or other explosive or combustible substances, to regulate or
prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene
oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives
or combustible materials, the exhibition of fireworks, the discharge of fire-
arms, the use of candles and lights in barns, stables and other buildings,
the making of bonfires and the carrying of concealed weapons. oe

(x) To levy on and collect taxes from purchasers of any public utility
service, which taxes may be added to and collected with the bills rendered
purchasers of such service.

(y) To raise annually by taxes and assessments in the city such
sums of money as the council shall deem necessary for the purposes of
the city, and in such manner as the council of the city shall deem expe-
dient, in accordance with the Constitution of this State and the United
States; provided, however, that it shall impose no tax on the bonds of
the city; and the council of the city may make said taxes and assessments
payable at such times and in such installments as it may deem proper, and
may add thereto a percentage not exceeding five per centum thereon, if
such taxes and assessments, or any installment thereof, be not promptly
paid, and may also charge interest on each installment of said taxes and
assessments at the rate of six per centum per annum until paid.

CHAP. 3
ELECTIONS

§ 3.1. Election and Composition of Councilmen.

_ The council shall consist of seven members, who shall be elected by
the qualified voters of the city on a general ticket at large, and shall serve
for a term of four years from the first day of September next following
the date of their election and until their successors shall have been duly
elected and qualified. The members of the council in office at the effective
date of this charter are hereby continued in office for the terms for which
they were elected. On the second Tuesday in June, 1960, there shall be
elected by the qualified voters of the city of Colonial Heights four council-
men, and on the second Tuesday in June, 1962, there shall be elected three
councilmen, and on the second Tuesday in June in each succeeding two
years thereafter there shall be elected four or three councilmen as the case
may be, to fill the vacancies to be caused by the expiration of the terms
of office of the councilmen whose terms of office expire that year. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason of the expiration of the
term of office or removal of the members of said body or any of them.
The council may punish its members for misconduct and may compel the
attendance of members in such manner and under such penalties as may be
prescribed by ordinance. A majority of all the members of the council
shall constitute a quorum to do business, but a smaller number may adjourn
from time to time.

§ 3.2 Nomination of Candidates for Council.

Candidates for the office of councilmen may be nominated by peti-
tion or under general law. There shall be printed on the ballots used in the
election of councilmen the names of all candidates who have been so nomi-
nated. The requirements for nomination by petition shall be:

(a) Any qualified voter of the city may be nominated by filing not less
than sixty days before such election, with the Clerk of the Circuit Court
having jurisdiction of the city a petition signed by not less than fifty
qualified voters of the city; each signature to such petition shall be wit-
nessed by a person whose affidavit to that effect is attached thereto, to-
gether with the notice of candidacy required by the general laws of the
Commonwealth relating to elections.

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

The requirements for nomination under general law shall be as therein
prescribed.

§ 3.3 Conduct of General Municipal Election.

The ballots used in the election of councilmen shall be without any
distinguishing mark or symbol. Each qualified voter shall be entitled to
vote for as many persons as there are vacancies to be filled, and no more;
and no qualified voter shall cast more than one vote for the same person.
In counting the vote any ballot found to have voted for a greater number
of names for the office of councilman than the number of vacancies in the
council to be filled shall be void, but no ballot shall be void for containing
a less number of names than is permitted hereby. The candidates equal in
number to the places to be filled, who shall receive the highest number of
votes cast in such election, shall be declared elected. The general laws of
the Commonwealth relating to the conduct of elections, so far as pertinent,
shall apply to the conduct of a general municipal election.

§ 3.4. Vacancies in Office of Councilman.

Vacancies in the office of councilman, from whatever cause arising,
shall be filled for the unexpired portion of the term by majority vote of the
remaining members of the council. If the council shall fail to fill a vacancy
in its membership within ninety days of the occurrence of the vacancy,
such vacancy shall be filed by appointment by the judge of the court of
record having jurisdiction of the city.

§ 3.5. Election of Other City Officers.

All other city officers required by the laws of the Commonwealth to be
elected by the qualified voters of the city shall be elected on the first Tues-
day following the first Monday in November preceding the expiration of
the terms of office of their respective predecessors, for such terms as are
prescribed by law. All such elective officers shall be nominated and elected
as provided in the general laws of the Commonwealth. A vacancy in the
office of commissioner of revenue, city treasurer, or city sergeant shall be
filled by the council by majority vote of all its members for the interim
period until a successor is elected at the next general election and takes
office, as is provided in the Code of Virginia. 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.

CHAP. 4
COUNCIL

§ 4.1. Composition.

The council shall consist of seven members elected as provided in
Chapter 3. They shall receive in full compensation for their services the
sum of Fifty Dollars per month and shall not be entitled to any other
allowance of any kind except that the mayor or vice-mayor or members of
council, subject to the approval of council, may be allowed actual expenses
incurred in representing the city. No member of the council shall during
the term for which he was elected and one year thereafter be eligible to
hold or be appointed as judge, substitute or associate judge of the munici-
pal court or juvenile and domestic relations court or to any office of profit
under the government of the city.
§ 4.2. Powers.

All powers vested in the city shall be exercised by the council except
as otherwise provided in this charter. In addition to the foregoing, the
council shall have the following powers: ;

(a) To provide for the organization, conduct and operation of all de-
partments, bureaus, divisions, boards, commissions, offices and agencies
of the city. oo,

(b) To create, alter or abolish departments, bureaus, divisions, boards,
commissions, offices and agencies other than those specifically established by
chapters 16.6 and 20.2 of this charter.

(c) Upon recommendation of the city manager, to assign and reassign
to departments, all bureaus, divisions, offices, agencies, departments and
functions thereof except the city school board and constitutional officers.

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

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

3. Mayor.

On the first day in September, 1960, and on the first day of September
of every second year thereafter, or if such day shall fall on Sunday or a
holiday then on the following day, the newly elected council, having taken
the oath of office as hereinafter provided, shall proceed to choose by major-
ity vote of all the members thereof one of their number to be mayor and
one to be vice-mayor for the ensuing two years. The mayor shall preside
over the meetings of the council and shall have the same right to vote and
speak therein in all proceedings as other members, but no veto. He shall be
recognized as the head of the city government for all ceremonial purposes,
the purposes of the military law and the service of civil process. The vice-
mayor shall in the absence or disability of the mayor, perform the duties
of mayor, and if a vacancy shall occur in the office of mayor shall become
mayor for the unexpired portion of the term. In the absence or disability
of both the mayor and vice-mayor, the council shall, by majority vote of
those present, choose one of their number to perform the duties of mayor.
The mayor, in addition to his salary as a Councilman, may receive a salary
up to an additional salary of $50.00 per month.

§ 4.4. City Clerk.

The council shall appoint a city clerk for an indefinite term. He shall
be the clerk of the council, shall keep the journal of its proceedings and
shall record all ordinances in a book kept for the purpose. He shall be the
custodian of the corporate seal of the city and shall be the officer author-
ized to use and authenticate it. All records in his office shall be public
records and open to inspection at any time during regular business hours.
He shall receive compensation to be fixed by the council. He shall appoint
and remove, subject to the provisions of Chapter 9 of this charter, an
assistant city clerk, who shall be authorized to act as city clerk in the ab-
gence or disability of the city clerk, and all deputies and other employees
in his office, and shall have such other powers and duties as may be pre-
scribed by this charter or by ordinance.

§ 4.5. Induction of Members.

The first meeting of a newly elected council shall take place in the
council chamber in the city hall at eight o’clock P. M. on the first day of
September following their election, or if such day shall fall on Sunday or
holiday, then on the following day. It shall be called to order by the city
clerk who shall administer the oath of office to the duly elected members. In
the absence of the city clerk the meeting may be called to order and the
oath administered by any judicial officer having jurisdiction in the city. The
council shall be the judge of the election and qualifications of its members
but the decision of the council in this matter shall be subject to review bj
the judge of the court of record having jurisdiction in the city of Colonia
Heights. The first business of the council shall be the election of a mayol
and vice-mayor and the adoption of rules of procedure. Until this business
has been completed the council shall not adjourn for a period longer thar
forty-eight hours.

§ 4.6. Rules of Procedure.

The council shall have power, by resolution and subject to the pro-
visions of this charter, to adopt its own rules of procedure. Such rules
shall provide for the time and place of holding regular meetings of the
council which shall be not less frequently than once each month. They shall
also provide for calling of special meetings by the mayor, the city manager
or any two members of the council and shall prescribe the method of giv-
ing notice thereof, provided that the notice of each special meeting shall
contain a statement of the specific item or items of business to be trans-
acted and no other business shall be transacted at such meeting except by
the unanimous consent of all the members of the council.

§ 4.7. Voting and Meetings.

No ordinance, resolution, motion or vote shall be adopted by the
council except at a meeting open to the public. All voting except on pro-
cedural 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, officer, director, employee, or
agent, has a financial interest other than as a minority stockholder of a
corporation or as a citizen of the city. All meetings of the council, except
as hereinafter provided, shall be public and any citizens may have access
to the minutes and records thereof at all reasonable times. Notwithstand-
ing any other provisions of this section a majority of the members of the
council may by a recorded vote declare that the public welfare demands an
executive session.

Ordinances, When Required.

In addition to such acts of the council which are required by the
Constitution or general laws of the Commonwealth or by this charter to be
by ordinance, every act of the council creating, altering or abolishing any
department, or creating, altering, assigning or abolishing any bureau,
division, office, agency or employment, fixing the compensation of any
officer or employee of the city, making an appropriation, authorizing the
borrowing of money, levying a tax, establishing any rule or regulation for
the violation of which a fine or penalty is imposed, or placing any burden
upon or limiting the use of private property, shall be by ordinance.

§ 4.9. Form of Ordinances.

Every ordinance except the annual appropriation ordinance and any
ordinance codifying ordinances shall be confined to a single subject which
shall be clearly expressed in its title. All ordinances shall be introduced in
typewritten or printed form or a combination of both. All proposed ordi-
nances, except codifications or revisions, which repeal or amend existing
ordinances shall set forth in full the section or subsection to be repealed
or amended and, if it is to be amended, shall indicate matter to be omitted
by enclosing the same in brackets and new matter by underscoring or, if
more convenient, shall be accompanied by a clear and complete written
statement of matter omitted and new matter shall be used except that
strikeout type may be substituted for brackets and shall substantially be
‘BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLONIAL
HEIGHTS”. Unless another date is specified therein and except as other-
wise provided in this charter, an ordinance shall take effect on the tenth
lay following its passage.
§ 4.10. Procedure for Passing Ordinances.

An ordinance may be introduced by any member or committee of the
council or by the city manager at any regular meeting of the council or
at any special meeting when the subject thereof has been included in the
notice for such special meeting or been approved by a majority vote of
all elected members of the council. Upon introduction it shall receive its
first reading and a time, not less than seven days after such introduction,
and place shall be set at which the council or a committee thereof will
hold a public hearing on such ordinance, other than an emergency ordi-
nance, provided that the council may reject any ordinance on first reading
without a hearing thereon by a vote of a majority of the elected members.
The hearing may be held separately or in connection with a regular or
special meeting of the council and may be adjourned from time to time.
Every ordinance of a general and permanent nature shall be published in
full once within ten days after its final passage by posting a copy thereof
at the front door of the municipal building and at two other public places
in the city or when ordered by the council by publication in a newspaper
published or circulated in the city for such time as the council may direct;
provided, that the foregoing requirements as to publication shall not apply
to ordinances reordained in or by a general compilation or codification of
ordinances printed by the authority of the council. It shall be the duty of
the city clerk, within three working days after the introduction of an
ordinance, to cause its full text to be printed or otherwise reproduced, as
the council may by resolution direct, in sufficient numbers to supply copies
to those who individually request them, or, if the council shall so order,
to cause the same to be published as a paid advertisement in a newspaper
of general circulation in the city. It shall further be his duty to place a
copy of the ordinance in a file provided each member of the council for
this purpose. A proposed ordinance, unless it be an emergency ordinance,
shall be read a second time and may be finally passed at the meeting of the
council following the introduction of the ordinance and after the conclu-
sion of the public hearing thereon. If on its second reading an ordinance,
other than an emergency ordinance, be amended as to its substance it shall
not be passed until it shall be reprinted, reproduced or published as
amended and a hearing shall be set and advertised and all proceedings
had as in the case of a newly introduced ordinance.

§ 4.11. Emergency Ordinances.

An emergency ordinance, which is an ordinance for the immediate
preservation of the public peace, property, health or safety or providing
for the daily operation of a municipal department, may be read a second
time and passed with or without amendment at any regular or special
meeting subsequent to the meeting at which the ordinance was introduced.
An emergency ordinance must contain a specific statement of the emer-
gency claimed and affirmative votes of a majority of the entire council
shall be necessary for its adoption. All emergency measures shall take
effect at the time indicated therein.
os § 4.12. Submission of Propositions to the Qualified Voters of the

ity.

The council shall have authority, by resolution, to submit to the quali-
fied voters of the city for an advisory referendum thereon, any proposed
ordinance or amendment to the city charter, not less than thirty nor more
than sixty days after the passage of such resolution. The election shall
be conducted and the result thereof ascertained and determined in the
manner provided by § 24-141 of the Code of Virginia. If a petition re-
questing the submission of an amendment to this charter, set forth in
such petition, signed by qualified voters equal in number to ten per cent
of the largest number of votes cast in any general or primary election
held in the city during the five years immediately preceding and verified
as hereinafter provided, is filed with the city clerk he shall forthwith cer-
tify that fact to the council. The signatures to such petition shall be wit-
nessed by a person whose affidavit to that effect is attached thereto. Upon
the certification of such petition the council shall order an election to be
held not less than thirty nor more than sixty days after such certification,
in which such proposed amendment shall be submitted to the qualified
voters of the city for their approval or disapproval. Such election shall be
conducted and the results thereof ascertained and determined in the
manner provided by law for the conduct of general elections and by the
regular election officials of the city. If a majority of those voting thereon
at such election approve the proposed amendment, such result shall be
communicated by the city clerk to the two houses of the General Assembly
and to the representatives of the city therein with the same effect as if the
council had adopted a resolution requesting the General Assembly to adopt
the amendment.

§ 4.18. Record and Publication of Ordinances.

Every ordinance after passage shall be given a serial number and
shall be recorded by the clerk in a properly indexed book kept for that
purpose. Within one year after the first day in September 1960, there
shall be prepared under the direction of the city attorney, who is hereby
authorized to employ such assistance as he deems necessary for the pur-
pose, a codification or revision of all ordinances in force. Such codification
shall be passed by the council as a single ordinance and without prior
publication. Upon its passage, it shall be published in bound or loose-leaf
form. This codification, to be known and cited officially as the city code,
shall be furnished to city officers and shall be sold to the public at a price
to be fixed by the council. A similar codification shall be prepared, passed,
published and distributed, as above provided, at least every five years. It
shall be the duty of the city clerk to cause all ordinances adopted to be
printed or reproduced as promptly as possible after their adoption in sub-
stantially the same style and format as the codification or revision of
ordinances and sold at such prices as the council may establish.

§ 4.14. Appointments.

The council in making appointments shall act only by the affirmative
votes of a majority of the members elected to the council.

§ 4.15. Removal of Councilmen and Members of Boards and Com-
missions Appointed by the Council for Specified Terms.

Any member of the council or any member of a board or commission
appointed by the council for a specified term may be removed for cause in
accordance with the general law.

§ 4.16. Power of Investigation.

The council shall have power to investigate any or all of the depart-
ments, boards, commissions, offices and agencies of the city government,
including the school board, and any officer or employee of the city. The
council, or any of its committees, when authorized by the council, the city
manager, the heads of all departments, all boards and commissions ap-
pointed by the council, collector of city taxes, license inspector, and auditor
of municipal accounts, in any investigation or hearing held by them, within
their respective powers and duties, may order the attendance of any
person as a witness and the production by any person of all relevant books
and papers. Any person refusing or failing to obey such order may be
summoned by the municipal court judge to appear before him and upon
failure to give a satisfactory excuse to said judge may be fined not exceed-
ing the sum of One Hundred Dollars or imprisoned not exceeding thirty
days or both. Witnesses may be sworn by the officer presiding at such
investigation and shall be liable to prosecution for perjury for any false
testimony given at such investigation.
CHAP. 5
CITY MANAGER

§ 5.1. Appointment and Qualifications.

There shall be a city manager who shall be the executive officer of the
city and shall be responsible to the council for the proper administration
of the city government. He shall be appointed by the council for an in-
definite term and may be removed by the council at any time by a majority
vote of all its members. At least sixty days before such removal shall be-
come effective the council shall advise the manager in writing of the
reason for his removal. The council may suspend the manager from duty
(with pay) during the sixty day period. The manager shall receive such
compensation as shall be fixed by the council, by resolution, and shall devote
his entire time to the business of the city. He shall be chosen solely on the
basis of his executive administrative qualifications, with special reference
to his actual experience in or knowledge of accepted practice in respect
to the duties of his office. At the time of his appointment, he need not be
a resident of the city or the Commonwealth, but during his tenure of office
he shall reside within the city.

§ 5.2. Power of Appointment and Removal.

The city manager shall appoint for an indefinite term and remove,
subject to the provisions of Chapter 9 of this charter and except as other-
wise provided in this charter, the heads of all departments and all other
officers and employees of the city, except the school board and constitu-
tional officers, provided that where the council is given power by this
charter to establish a board or commission for any purpose, the council
may provide for the appointment of the members of such board or com-
mission by the city manager or by the council, and for the appointment
by such board or commission of its employees, and may specify which,
if any, of such employee appointed by him or his_ subordinates,
provided that the officer or employee shall have been served with a written
notice of the intention of the city manager to remove him, contain-
ing a clear statement of the grounds for such removal and of the time
and place, not less than ten days after the service of such notice, at which
he shall be given an opportunity to be heard. After such hearing, which
shall be public at the option of such officer or employee, the action of the
city manager shall be final. Pending final action, the city manager may
suspend from duty for not more than sixty days any such officer or
employee.

§ 5.3. Council Not to Interfere in Appointment or Removals.

Neither the council nor any of its members shall direct the appoint-
ment of any person to or his removal from any office or employment by the
city manager or by any of his subordinates except as specifically provided
in this charter. Except for the purpose of inquiry, the council and its
members shall deal with the administrative services solely through the
city manager, and neither the council nor any member thereof shall give
orders either publicly or privately to any subordinate of the city manager.

Temporary Transfer of Personnel Between Departments.

The city manager shall have power, whenever the interests of the city
require, irrespective of any other provisions of this charter, to assign
employees of any department, bureau, office or agency, the head of which is
appointed by the city manager, to the temporary performance of duties in
another department, bureau, office or agency.

§ 5.5. Duties.

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

§ 5.6. Relations with Boards, Commissions and Agencies.

The city manager shall have the right to attend and participate in the
proceedings of, but not to vote in, the meetings of all boards, commissions
or agencies created by this charter or by ordinance, except the school
board, the personnel board, the board of zoning appeals, and any other
board or commission the council may designate. .

§ 5.7. Acting City Manager.

The council shall designate by ordinance the head of one of the de-
partments to act as city manager in case of the absence, incapacity, death
or resignation of the city manager, until his return to duty or the appoint-
ment of his successor.

CHAP. 6

BUDGETS

§ 6.1. Fiscal and Tax Years.

Unless and until otherwise provided by ordinance, the fiscal year of
the City of Colonial Heights shall begin on the first day of January and
shall end on the thirty-first day of December following. The tax year for
taxes levied on real estate, tangible personal property, machinery and
tools shall begin on the first day of January and end on the thirty-first
day of December following, and the tax year for all other taxes shall be
fixed by the council by ordinance. The rates of all taxes and levies, except
on new sources of tax revenue, shall be fixed at the time of adoption of
the general fund budget.

§ 6.2. Budget and Levy for the Fiscal Year 1960.

a. Upon the passage of this act, the present Finance Committee shall
prepare and submit to the council, for its information, a general fund
budget for the ensuing fiscal year 1960, based upon detailed estimates
furnished by the several departments and other divisions of the city
government.

b. A brief synopsis of the general fund budget for the fiscal year
1960 shall be published in a newspaper having a general circulation within
the city and notice given of a public hearing at least seven days prior to
the date set for hearing, at which any citizen of the city shall have the
right to attend and state his views thereon.

c. Upon the passage of this act and after notice has been given as
provided in § 6.2b, council shall adopt a general fund budget for the
ensuing year 1960 and council shall at the time of the adoption of said
budget shall lay its levy, if any, on all property real and personal, subject
to taxation for city purposes. Upon final adoption, the general fund budget
shall be in effect for the ensuing year.

§ 6.3. Submission of Budgets.

The city manager, at least sixty (60) days prior to the beginning of
each budget year, shall submit to the council a general budget. As used
in this charter, the term “budget year” shall mean the fiscal year for
which any particular budget is adopted and in which it is administered.
§ 6.4. Preparation of Budgets.

It shall be the duty of the head of each department, each board or
commission and each other office or agency supported in whole or in part
by the city, including the commissioner of revenue, city attorney, com-
monwealth attorney, and the city sergeant, to file with the city manager
or with the director of finance designated by him, at such time as the
city manager may prescribe, estimates of revenue and expenditure for that
department, board, commission, office or agency for the ensuing fiscal
year. Such estimates shall be submitted on the forms furnished by the
director of finance and it shall be the duty of the head of each such
department, judge, board, commission, office or agency to supply all the
information which the city manager may require to be submitted thereon.
The director of finance shall assemble and compile these estimates and
supply such additional information relating to the financial transaction
of the city as may be necessary or valuable to the city manager 1n the
preparation of the budgets. The city manager shall hold such hearings as
he may deem advisable and with the assistance of the director of finance
shall review the estimates and other data pertinent to the preparation of
the budgets and make such revisions in such estimates as he may deem
proper, subject to the laws of the Commonwealth relating to obligatory
expenditures for any purpose. The school board shall furnish a copy of its
budget to the city manager.

§ 6.5. Scope of the General Budget.

In respect to the public schools there shall be included only the total
amount to be appropriated by the city for their support. The general fund
budget shall be prepared in accordance with accepted principles of munic-
ipal accounting and budgetary procedures and techniques and shall contain :

(a) An estimate of such portion of the general fund cash surplus, if
any, at the end of the current fiscal year as it is proposed to use for meet-
ing expenditures in the general budget.

(b) An estimate of the receipts from current ad valorem taxes on
real estate and personal property during the ensuing fiscal year.

(c) An estimate of receipts from all other sources of revenue.

(d) A statement to be furnished by the director of finance of the debt
service requirements for the ensuing year.

(e) An estimate of the city’s cash deficit, if any, at the end of the
current fiscal year and of any other obligations required by this charter to
be budgeted for the ensuing fiscal year.

(f) An estimate of expenditures for all other purposes to be met in
the ensuing fiscal year.

All the estimates shall be in detail, showing receipts by sources and
expenditures by operating units, functions, character and object, so ar-
ranged as to show receipts and expenditures as estimated for the current
fiscal year and actual receipts and expenditures for the last preceding fiscal
year in comparison with estimated receipts and recommended expenditures
for the ensuing year. At the head of the budget there shall appear a
summary of the budget, which need not be itemized further than by prin-
cipal sources of anticipated revenue, stating separately the amount to be
raised by property tax, and by departments and kinds of expenditures, in
such a manner as to present a simple and clear summary of the detailed
estimates of the budget.

§ 6.6. A Balanced Budget.

In no event shall the expenditures recommended by the city manager
in the general budget exceed the receipts estimated, taking into account the
estimated cash surplus or deficit at the end of the current fiscal year,
as provided in the preceding section, unless property assessments have been
raised or unless the city manager shall recommend an increase in the rate
of ad valorem taxes on real estate and tangible personal property or other
new or increased taxes or licenses within the power of the city to levy anc
collect in the ensuing fiscal year the receipts from which, estimated on th
basis of the average experience with the same or similar taxes during the
three tax years last past, will make up the difference. If estimated receipts
exceed estimated expenditures the city manager may recommend revision:
in the tax and license ordinances of the city, in order to bring the genera
fund budget into balance.

§ 6.7. Budget Message. .

The budget message submitted by the city manager to the counci.
shall be explanatory of the budget, shall contain an outline of the proposec
financial policies of the city for the budget year and shall describe ir
connection therewith the important features of the budget plan. It shal.
set forth the reasons for salient changes from the previous year in cost
and revenue items and shall explain any major changes in financial policy
As a part of the budget message, with relation to the proposed expenditures
for down payments and other proposed expenditures for capital projects
stated in the budget, the city manager shall include a statement of pending
capital projects and proposed new capital projects, relating the respective
amounts proposed to be raised therefor by appropriations in the budget and
the respective amounts, if any, proposed to be raised therefor by the
issuance of bonds during the budget year.

§ 6.8. Appropriation and Additional Tax Ordinances.

At the same time that he submits the general fund budget the city
manager shall present to the council a general appropriation ordinance.

€ appropriation ordinance shall be based on the general fund budget but

need not be itemized further than by departments and the major operating
units thereof, and by courts, bureaus, boards, commissions, offices and
agencies submitting separate budget estimates, and by the principal object
of expenditures. At the same time the city manager shall also present any
ordinance or ordinances altering the tax rate on real estate and personal
property or levying a new tax or altering the rate of any other tax neces-
sary to balance the general fund budget as hereinbefore provided. The

hearing on the budget plan as a whole, as provided in this chapter shall
constitute the hearing on all ordinances referred to in this subsection.

§ 6.9. Budget a Public Record.

The budget and budget message and all supporting schedules shall be a
public record in the office of the city manager open to public inspection after
the budget has been submitted to the council and made public by it; pro-
vided, however, that no department or agency, head or judge or board or
commission, manager, or director of finance shall divulge details of the
proposed budget nor make public statements regarding budget estimates
until the budget has been submitted to the council and made public by it.
The city manager on authorization from the council shall cause sufficient
copies of the budget and budget message to be prepared for distribution to
interested persons.

§ 6.10. Publication of Notice of Public H earing.

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
rearing on the budget, which time shall be at least thirty days prior to the
eginning of each budget year, and shall cause to be published a notice of
the place and time, not less than seven days prior to the date of the public
learing.

§ 6.11. Public Hearing on Budget.

At the time and place so advertised, or at any time and place to which
uch public hearing shall from time to time be adjourned, the council shall
old a public hearing on the budget as submitted, at which all interested
ersons shall be given an opportunity to be heard, for or against the
stimates or any item thereof.
§ 6.12. Action by the Council on the General Budget.

After the conclusion of the public hearing on the general budget the
council may insert new items of expenditures or may increase, decrease
or strike out items of expenditure in the general fund budget, except that
no item of expenditure for debt service as required by law shall be re-
duced or stricken out. The council shall in no event adopt a general budget
in which the total of expenditures exceeds the receipts, estimated as here-
inbefore provided, unless at the same time it adopts measures for providing
additional revenue in the ensuing fiscal year, estimated as hereinbefore
provided, sufficient to make up the difference.

§ 6.13. Adoption of Budget. _

The budget shall be adopted by the votes of at least a majority of all
the members of the council. The budget shall be finally adopted not later
than the last day of the last month of the fiscal year. Should the council
take no final action on or prior to such day, the budget, as submitted, shall
be deemed to have been finally adopted by the council.

§ 6.14. Effective Date of General Fund Budget; Certification; Copies
Made Available.

Upon final adoption, the general fund budget shall be in effect for the
ensuing fiscal year. A copy of such budget as finally adopted shall be certi-
fied by the city manager and city clerk and filed in the office of the direc-
tor of finance. The general fund budget so certified shall be printed,
mimeographed or otherwise reproduced and sufficient copies thereof shall
be made available for the use of all departments, courts, boards, commis-
sions, offices and agencies and for the use of interested persons and or-
ganizations.

§ 6.15. Transfer of Appropriations.

At the request of the city manager, but only within the last six
months of the fiscal year, the council may, by resolution, transfer any un-
encumbered balance or portion thereof in any general fund appropriation
from one department, board, commission, office or agency to another.

§ 6.16. School Budget.

It shall be the duty of the school board to file its budget estimates
with the city manager. The action of the council on the school budget shall
relate to its total only and the school board shall have authority to expend
in its discretion the sum appropriated for its use, provided that if it re-
ceives an appropriation greater or less than its original request it shall
forthwith revise its estimates of expenditure and adopt appropriations in
accordance therewith. The school board shall have power to order during
the course of the fiscal year transfers from one item of appropriation to
another.

§ 6.17. Additional Appropriations.

An appropriation in addition to those contained in the general appro-
priation ordinance, except for the purpose of meeting a public emergency
as provided for elsewhere in this charter, may be made by the council,
by not less than a majority affirmative vote of the members present, only
if there is available in the general fund a sum unencumbered and unappro-
priated sufficient to meet such appropriation.

§ 6.18. Appropriations to Lapse.

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

§ 6.19. Certification of Funds.

No payment shall be made and no obligation incurred by or on behalf
of the city except in accordance with an appropriation duly made: pro-
vided that the council shall have the power to authorize and direct and
making of expenditures and contracts for the expenditure of funds not ap-
propriated in any budget for the then current fiscal year. No payment shall
be made from or obligation incurred against any allotment or appropriation
unless the director of finance shall first certify that there is a sufficient un-
expended and unencumbered balance in such allotment or appropriation to
meet the same; provided that nothing herein shall be taken to prevent the
advance authorization of expenditures for small purchases as provided in
this charter. Every payment made in violation of the provisions of this
charter shall be deemed illegal and every official who shall knowingly
authorize or make such payment or knowingly take part therein and every
person who shall knowingly receive such payment or any part thereof shall
be jointly and severally liable to the city for the full amount so paid or
received. If any officer, member of a board or commission, or employee of
the city shall knowingly incur any obligation or shall authorize or make
any expenditure in violation of the provisions of this charter or knowingly
take part therein, such action shall be cause for his removal.

§ 6.20. Reserve for Permanent Public Improvements.

The council may, by ordinance, establish a reserve fund for perman-
ent public improvements and may appropriate thereto any portion of the
general fund cash surplus not otherwise appropriated at the close of any
fiscal year. It may likewise assign to the said fund a specified portion of the
ad valorem tax on real estate and tangible property not to exceed ten cents
on the hundred dollars of the assessed valuation thereof or the whole or
part of the proceeds of any other tax. Appropriations from the said fund
shall be made only to finance permanent public improvements.

CHAP. 7
BORROWING

§ 7.1. Borrowing Power.

The council may, in the name and for the use of the city, incur in-
debtedness by issuing its negotiable bonds or notes for the purposes, in the
manner provided in this chapter, and to the extent provided in this chapter
and under the general law.

Purposes for Which Bonds or Notes May Be Issued.

(a) To finance capital projects. Bonds, and notes in anticipation of
bonds when the issue of bonds has been authorized as hereinafter provided,
may be issued for the purpose of financing the whole or any part of the
costs of any capital improvement project which is hereby defined to include
any public improvement or utility which the city is authorized to undertake,
including the acquisition of any property, real or personal, incident thereto,
the construction or reconstruction in whole or in part of any building, plant,
structure or facility necessary or useful in carrying out the powers of the
city, and the equipment or reequipment of the same.

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

__ (c) To finance increased operating expenses. Notes to be repaid
within four years of the date of issuance may be issued when authorized
by the council for the purpose of meeting increased operating expenses,
including debt service, provided, however, that no notes shall be issued
pursuant to the authority of this section after January 1, 1965.

(d) To provide for emergency expenditures. Notes may be issued
to finance an appropriation for the purpose of meeting a public emergency,
as provided in subsection (c) of § 2.3. of this charter, when authorized by
the ordinance making such appropriation. Notes so issued shall be au-
thenticated by the signature of the city manager and city treasurer and
shall mature not later than twelve months after the date of issue. Bonds
may be issued, when authorized as hereinafter provided, for the purpose
of funding such notes or other obligations incurred in accordance with
such appropriation.

(e) To refund outstanding bonds. Bonds may be issued, when au-
thorized as hereinafter provided, for the purpose of refunding bonds, pro-
vided that the director of finance shall certify in writing that such refund-
ing is necessary to prevent default on the interest or principal of the city's
outstanding bonds.

§ 7.3. Limitation on Indebtedness.

In the issuance of bonds and notes, the city shall be subject to the
limitations as to amount contained in § 127 of the Constitution of the
Commonwealth.

§ 7.4. Notes in Anticipation of Bonds and Revenue.

Whenever an issue of bonds for any capital improvement project has
been authorized as hereinafter provided, the director of finance, when
authorized by ordinance, shall have power to issue notes of the city in
anticipation of such bonds, for the purpose of defraying the whole or any
part of the cost of such project. Such notes in anticipation of bonds shall
be authenticated by the signature of the director of finance and shall mature
not later than two years after the date of issue. They shall be paid at
maturity from the proceeds of the sale of the bonds in anticipation of which
they have been issued; provided, however, the city may in its discretion,
retire any such loans by means of current revenues, special assessments,
or other funds, in lieu of retiring them by means of bonds. Notes in antici-
pation of revenues shall be authorized by the council by ordinance. They
shall be authenticated by the signature of the director of finance and shall
mature not later than twelve months after the date of issue. If not paid
at maturity, the amount of such unpaid notes shall be included as an
appropriation in the general fund budget for the ensuing fiscal year.

8 7.5. Form and Term of Bonds.

All bonds 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 attested by the facsimile signature of the city clerk
and by the signatures of the city manager and director of finance or by
the city manager and city treasurer, if the city manager and the director of
finance are the same person. 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, or
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 period so
determined shall be the average period of usefulness. The determination of
the council as to the probable life of any such improvement or undertaking
shall be conclusive. The probable life of no public improvement shall be
considered over thirty years, except that the possible life of public buildings
other than school houses, may be forty years; concrete bridges, forty
years; and parks or other real estate, fifty years.

§ 7.6. Restrictions on Loans and Credits.

The credit of the city shall not directly, or indirectly, under any device
or pretense whatsover, be granted to or in aid of any person, association
or corporation.

§ 7.7. Issuance of Bonds; How Authorized.

The procedure for the passage of an ordinance authorizing the issu-
ance of bonds shall be the same as for the passage of any other ordinance,
except that such ordinance must be adopted by the recorded affirmative
vote of a majority of the entire council. Upon the adoption of an oretnanos
authorizing the issuance of bonds and a resolution fixing the form an
details thereof which may be finally adopted at the meeting at which it is
introduced, which may be a regular or special meeting, by a majority of
the members of the entire council, and which need not be published or
posted, a certified copy of the same shall be filed with the corporation or
circuit court having jurisdiction over the city, or to the judge thereof in
vacation. A notice setting forth (1) in brief and general terms the pur-
pose or purposes for which the bonds are to be issued, and (2) the
amount of such bonds and, if bonds are to be issued for more than one pur-
pose, the amount for each purpose, except that with respect to bonds for
school purposes the amount of each separate purpose is not required, shall
be published once in a newspaper having a general circulation in the city
within ten days after such filing. For a period of thirty days after the date
of the filing with the corporation or circuit court having jurisdiction over
the city of a certified copy of the resolution of the governing body of the
city authorizing the issuance of bonds and fixing the form and details
thereof any person in interest shall have the right to contest the validity
of such bonds or the taxes to be levied for the payment of the principal of
and the interest on such bonds or the rates, rents, fees and other charges
for the services and facilities furnished by or for the use of or in connec-
tion with the project or the pledge of the revenues or receipts of the project
or any provisions which may be recited in such resolution or in any trust
agreement securing the bonds, or any amendment thereof, or any matter
therein contained or provided for or done or to be done pursuant thereto.
If such contest shall not have been begun within the thirty days’ period,
the authority to issue the bonds, the validity of the taxes necessary to pay
the principal of and the interest on the bonds, and the validity of any other
provision contained in such resolution or any such trust agreement and
all proceedings in connection with the authorization and the issuance of
the bonds shall be conclusively presumed to have been legally taken and
no court shall have authority to inquire into such matters and no such
contest shall thereafter be instituted.

§ 7.8. Procedure for Sale of Bonds and Notes.

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

An ordinance authorizing the issuance of bonds shall include a state-
ment of the purpose or purposes of the issue, and if th

showing the proposed issue to be within the limitation
provided in § 7.3., the length of time for which they ar
mum rate of interest to be paid thereon, the probable ]j
the average probable life of the purposes to be financed, as determined by
council, and a declaration that principal of and interect an +h. “;
issue are to be paid from ad valorem taxes on real estate and tangible
personal property and that the full faith and credit of the city are pledged
to such payment, and the procedure for the sale of the proposed issue. All
other matters relating to the authorization, issuance or sale of the bonds
or notes may be provided by resolution. Any such ordinance may be
amended by ordinance at any time before the bonds to be affected by such
amendment have been sold. All other matters relating to such bonds may
be determined by resolution within the limitations prescribed by such
ordinance or by this charter.

§ 7.10. Payment of Bonds and Notes.

The power and obligation of the city to pay any and all bonds and
notes hereafter issued by it pursuant to this charter, except revenue bonds,
as provided in § 7.12, shall be unlimited, and the city shall levy ad valorem
taxes upon all taxable property within the city for the payment of such
bonds or notes and interest thereon, without limitation of rate or amount.
The faith and credit of the city are hereby pledged for the payment of
the principal of and the interest on all bonds and notes of the city here-
after issued pursuant to this chapter, except revenue bonds, as provided
in § 7.12, whether or not such pledge be stated in the bonds or notes or
in the bond ordinance authorizing their issuance.

§ 7.11. Sinking Fund.

__ There shall be a sinking fund for the amortization of the outstand-
ing term bonds of the city. It shall consist of the cash and securities in
the sinking fund at the effective date of this charter, the sums hereinafter
required to be paid into such fund and the interest earned on investments.
There shall be paid into the sinking fund annually the sum determined by
the director of finance, and by him certified to the city manager for inclu-
sion in the budget, to be necessary on actuarial principles to amortize such
term bonds at maturity. The sinking fund may be invested in bonds or other
direct obligations of the city, the Commonwealth, or the United States,
or loaned upon unencumbered real estate, within the State, upon a basis
not exceeding sixty-five per centum of the fair cash value of such real
estate, or invested in other securities approved by the general laws of the
State for the investment of such funds, or deposited in any bank or banks
on a reasonable rate of interest. Such sinking funds may be used in the
payment or purchase and redemption of all of its bonds. The council may
require of any bank or banks receiving on deposit its revenues or any of
its sinking funds a fidelity bond. The management of the sinking fund
from the effective date of this charter shall be entrusted to a board of
sinking fund commissioners which shall consist of the director of finance,
city manager, and two qualified voters of the city skilled and experienced
in banking and investment who shall be appointed by the council for terms
of four years, provided that of those first appointed, one shall serve for
two years and one for four years. Vacancies shall be filled by the council
for the unexpired portion of the term.

§ 7.12. Revenue Bonds.

In addition to the authority to issue bonds otherwise provided in this
chapter, and in addition to the authority of Section 127 :(b) of the Con-
stitution of Virginia, the council may, in the manner provided for the
issuance of other bonds and subject to the limitations of this chapter,
except that the faith and credit of the city need not be pledged to their
payment and except as hereinafter provided, authorize the issuance of
revenue bonds to be secured by mortgage upon the property of the city
devoted to the use of a revenue-producing utility, project or enterprise
and the interest and principal of which may be paid exclusively from the
revenues of such utility, project or enterprise; provided that such issue
need not be limited to a term of thirty years.
§ 7.138. Applicability of General Law.

If there shall be omitted from this charter any provision essential to
the valid authorization, sale, execution and issuance of any of the bonds
of the city, the provisions of the general law, with reference to similar
bonds, shall supply said omission.

CHAP. 8
FINANCIAL ADMINISTRATION

§ 8.1. Department of Finance.

The city council may by ordinance create a department of finance
which shall include the functions of accounting and control, budgeting,
purchasing, the collection of taxes, special assessments and other revenues,
and such other functions as may be provided by ordinance or by orders of
the director of finance consistent therewith.

§ 8.2. Director of Finance—Appointment.

The head of the department of finance shall be known as the director
of finance, and council may by ordinance provide that the director of
finance shall be the City Treasurer, or City Manager, or it may establish
a director of finance separate from the City Treasurer or City Manager
as the case may be. Until otherwise provided by ordinance the Director
of Finance shall be the City Treasurer. When the city council shall by
ordinance establish a director of finance separate from the city treasurer
or city manager he shall be appointed by the city manager. In making
such appointment, the city manager shall give consideration to the appli-
cant’s qualifications in municipal finance and financial control.

§ 8.3. Director of Finance—Powers and Duties.

The director of finance shall have general management and control
of the functions of the department. He shall appoint and remove, subject
to the provisions of Chapter 9 of this charter, all officers and employees
of the department, excepting Constitutional officers, and shall have power
to make rules and regulations consistent with this charter and the ordi-
nances of the city for the conduct of its business. He shall have charge,
subject to the direction and control of the city manager, of the adminis-
tration of the financial affairs of the city, except those of the school board,
unless specified in this chapter, and to that end shall have authority and
be required to:

(a) Compile the departmental estimates and other data necessary or
useful to the city manager in the preparation of the current expense and
capital budgets.

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

(c) Maintain a general accounting system for the city government
and each of its departments, boards, commissions, offices and agencies, in
conformity with the best recognized practices in governmental accounting;
and encumber each item of appropriation and the allotments thereof with
the amount of each purchase order, payroll or contract which he has ap-
proved, including each advance authorization as provided in subsection (f)
of Section 8.3.

(d) Prescribe the form of receipts, vouchers, bills or claims to be
used, and of accounts to be kept by all departments, boards, commissions,
offices and agencies of the city, provided that in so doing he shall consult
with any officer appointed by the council for the purpose.

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

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

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

(h) Supervise and be responsible for provision of tax maps, property
descriptions and such other information as may be necessary or convenient
for the scientific assessment of property for taxation within the city. |

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

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

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

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

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

City Treasurer.

The city treasurer shall collect and receive all moneys due the city for
taxes whether current or delinquent, assessments or fees or charges of
every kind except that the council may by ordinance provide for the col-
lection of charges for the use of water and sanitary sewers, by some officer
or agency and except as otherwise provided by this charter or the general
laws of the Commonwealth as the same may relate to the city. In so doing,
he shall have power to employ any procedure that is now or may hereafter
be prescribed by law for the collection of State taxes or local taxes. There
shall be a lien, which shall have precedence over any other lien or encum-
brance thereon, on all real estate and on each and every interest therein,
for the city taxes assessed thereon, from the commencement of the year
for which they are assessed, including penalties and interest on such taxes,
which may be enforced by the city treasurer on behalf of the city in any
manner provided by law. All goods and chattels wheresoever found may be
distrained and sold for taxes, interest and penalties assessed and due
thereon and for taxes, interest and penalties assessed against the owner
thereof, and no deed of trust or mortgage upon goods or chattels shall pre-
vent the same from being distrained and sold for taxes or levies assessed
against the grantor in such deed while such goods and chattels remain in
the grantor’s possession; nor shall any such deed prevent the goods and
chattels conveyed from being distrained and sold for taxes or levies
assessed thereon, no matter in whose possession they may be found. He
shall have power to enforce the provisions of this charter and the ordi-
nances of the city with regard to licenses and license taxes, to check any
or all of records of the commissioner of revenue and to examine and audit
the books of all persons, firms and corporations whom he has reasonable
cause to believe to be liable to pay a license. He shall have custody of
all funds belonging to the city and the school board and deposit all
funds coming into his hands to the account of the city or the school
board, as the case may be, in such banks as may be designated for the
purpose by the council and the school board, respectively, subject to
the laws of the Commonwealth applicable to the city and school board
relative to the deposit of public funds. He shall perform such other duties,
including validating of school board warrants or checks, have such powers
and be liable to such penalties as are now or may hereafter be prescribed
by law or ordinance.

§ 8.5. Commissioner of Revenue.

The commissioner of revenue shall perform such duties not inconsistent
with the laws of the Commonwealth in relation to the assessment of
property and licenses as may be required by the council for the purpose of
levying city taxes and licenses. He shall have power to administer such
oaths as may be required by the council in the assessment of license taxes
or other taxes for the city. He shall make such reports in regard to the
assessment of both property and licenses, or either, as may be required
by the council or by the director of finance. The council may by ordinance
require that all tax bills shall be made out by the commissioner of revenue
and delivered in such manner as said ordinance may prescribe.

§ 8.6. Sale of Property for Taxes.

The council may require real estate in the city, delinquent for the non-
payment of taxes, to be sold for said taxes, as provided in the Code of
Virginia, except that if at any such sale no bid shall be made for any such:
real estate, or such bid shall not be equal to the tax or assessment, with
interest, charges and expenses, then such real estate shall be struck off to
the city. As soon as practicable thereafter, the city treasurer shall prepare
a statement of sales made to the city, in which the real estate so sold shall
be described, and the aggregate amount of tax or assessment with interest,
charges and expenses specified.

_ (a) The owner of any real estate so struck off to the city, his heirs or
assigns, or any person having the right to charge such real estate for a debt,
or any person having interest in such real estate by way of reversion,
remainder or otherwise, may redeem the real estate within three years
from the sale thereof, by payment to the city of the amount for which it
was sold, with such additional sums as would have accrued for taxes thereon
if it had not been purchased for the city, with interest on the purchase
money and taxes at the rate of six per cent per annum from the time that
they may have been so paid. ; .

(b) In case that any real estate, struck off to the city as herein-
before provided, shall not be redeemed within the time specified, the city
treasurer may, at the direction of the council, within sixty days after the
expiration of three years from the sale, cause to be recorded in the Clerk’s
Office of the Circuit Court having jurisdiction of the city a certificate of
sale with his oath that the same has not been redeemed, and thereupon the
city, or its assignee, shall acquire an absolute title in fee in chancery pro-
ceedings to such real estate, and every interest therein, subject to be de-
feated only by proof that the taxes for which said real estate was sold
were not properly chargeable thereon, or that the taxes properly charge-
able thereon had been paid at the time of the execution of such certificate.
The said certificate shall be recorded in the said Clerk’s Office in a record
book known as “deed book, recording conveyances to city lands sold for
delinquent taxes”, for recording which certificate the clerk shall be entitled
to a fee of ten cents, payable out of the city treasury. The council may im-
pose penalties upon its officers for their failure to comply with the require-
ments of this section. The said certificate, or the record thereof, or a certi-
fied copy thereof, shall, in all courts and other places, be evidence of the
facts therein stated; provided, however, that the failure to obtain or record
such certificate shall not invalidate the lien of the city for all taxes as-
sessed against such real estate, but the city may, at any time, elect to en-
force its lien for taxes in a court of equity and real estate. When real es-
tate is sold at a tax sale, it shall be continued upon the land books in the
name of the former owner or owners until there is a transfer of title of
record and taxes and levies shall be annually extended thereon the same as
if such tax sale had not taken place.

(c) When land sold for delinquent taxes or struck off to the city is
redeemed by persons under disability at the time of sale, in addition to the
payments otherwise required for redemption, the person or persons so re-
deeming the land shall pay to the purchaser, his heirs or assigns, the ap-
praised value of any improvement that may have been made thereon after
three years from the date of the sale for delinquent taxes.

§ 8.7. Correction of Assessments and Exoneration of Taxes.

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

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

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

(d) Any person, firm or corporation assessed with any local tax or
levy and who is aggrieved thereby may, at any time within one year from
the thirty-first day of December of the year in which such assessment is
made apply to the officer or board making such assessment for a correction
of said assessment. Notice of such application shall also be given to the
director of finance and the city attorney, and if the officer or board making
such assessment, with the approval of both the director of finance and the
city attorney, be satisfied that such person, firm or corporation has been
erroneously assessed with any such tax or levy, then the director of finance,
with the approval of the city attorney, may order the officer or board
making such assessment to correct the assessment and it shall be the duty
of said officer or board to make such correction in accordance with the
orders of the director of finance, with the approval of the city attorney.
The director of finance, with the approval of the city attorney, shall have
the power to order that the taxpayer be exonerated from the payment of
so much as is erroneously charged if unpaid, and if said assessment be paid,
then the director of finance, with the approval of the city attorney, shall
have the power to order the refund of the excess of said assessment out of
the treasury of the city. But where it is shown to the satisfaction of the
officer or board making such assessment, with the approval of both the
director of finance and the city attorney, that there has been a double
assessment in any case, one of which assessments is proper and the other
erroneous, and that a proper single tax has been paid thereon, the director
of finance, with the approval of the city attorney, may order that such
erroneous assessment be corrected whether the erroneous tax has been
paid or not, and even though the application be not made within the one
year as hereinbefore required. The remedy granted by this section shall be
in addition to the right of any taxpayer to apply within the time prescribed
by law to the proper court as provided by law for the correction of er-
roneous assessments of the taxes described in this section, and application
may be made to the proper court irrespective of whether such applicant
has or has not theretofore made application to the officer or board making
such assessment for the correction of any such assessment. The approval
or withholding of approval by the city attorney in the matters provided for
in § 8.7. (c) and 8.7. (d) shall relate only to the legality of the proposed
action.

§ 8.8. Annual Assessment and Equalization of Assessments.

_ _ The council shall have the power to provide for the annual or quadren-
nial assessment and equalization of assessments of real estate for local
taxation as provided in the general law, and the council with the approval
of the State Commissioner of the Revenue may authorize the commissioner
of revenue to act as the assessor provided therein, and provided further that
application for relief from assessments may be made to the circuit court of
corporation court of appropriate jurisdiction.

§ 8.9. City Purchasing Agent.

_ The city council shall, by resolution, designate the city manager or
director of finance as city purchasing agent, or it may, at its discretion,
appoint any other qualified person as city purchasing agent. In selecting
the city purchasing agent, consideration shall be given to the applicant’s
experience in private business purchasing, or governmental purchasing,
or comparable kind of institutional purchasing, and property control and
accountability. He shall, pursuant to the provisions of this charter and to
such rules and regulations consistent therewith as may be established by
the council, purchase for the use of the city and all its departments,
bureaus, boards, commissions, offices, and agencies, hereinafter in this
chapter referred to as “using agencies’, including the city school board,
but not excluding any other bureau, agency or official of said city, which
purchases anything on behalf of said city, all supplies, materials, equip-
ment, medicines and drugs, legal and scientific books and periodicals,
and printing of legal briefs; manuscripts, maps, charts, sheet music,
phonograph records, books, pamphlets and periodicals, when ordered by
a city public library; such perishable articles and other articles as may
be designated in the rules and regulations established by ordinance; and
such supplies, materials, equipment and contractual services as may be
required by any using agency in an emergency as defined in the said rules
and regulations. The services of the purchasing agent shall be available to
the school board whenever it wishes to make use thereof.

§ 8.10. Further Powers and Duties of Purchasing Agent.

The purchasing agent, for the purpose of giving effect to the provisions
of the preceding section, shall have the following powers and duties:

(a) To establish, with the approval of the city manager, and after
consultation with the heads of the using agencies concerned, and enforce
standard specifications for all supplies, materials and equipment required
by the city government except as to the purchases exempted above.

(b) To prescribe the time of making requisitions for such supplies,
materials, and equipment and the future period which said requisitions are

cover.

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

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

(e) To transfer to or between using agencies, sell or trade-in supplies,
materials and equipment determined by him, with the approval of the city
manager and after consultation with the head of the using agency con-
cerned, to be surplus, obsolete or unused.
(f) To maintain an adequate system of accounting for all property
received and all property issued by the bureau of purchasing, in accordance
with accepted principles of accounting for property and inventory control,
and to maintain such inventory of all movable property belonging to the
city, as may be required by the council.

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

§ 8.11. Competitive Bidding.

Before making a purchase or contract, the purchasing agent shall give
opportunity for competitive bidding under such rules and regulations as
may be established by the council. All single purchases or contracts which
shall involve an expenditure of five hundred dollars or less shall, whenever
practicable, be based on three or more competitive bids which may be in-
formal, but of which there shall be a written record, and shall be awarded
to the lowest responsible bidder, except as hereinafter provided. If any
single purchase or contract involves an expenditure of more than five
hundred dollars, it shall be made on the basis of sealed bids after such
public notice as may be prescribed by the council. The city manager, how-
ever, shall have the power in respect of all purchases or contracts involving
an expenditure of ten thousand dollars or less, and the council in all other
cases, to authorize the purchasing agent to reject any or all bids, to re-
advertise for bids, or to make the purchase or contract in the open market
after the rejection of all bids. The council shall further have power in the
rules and regulations provided for in § 8.9. to authorize the purchasing
agent, with the approval of the city manager, to purchase or make contracts
for professional services and for services for which the rate or price is
fixed by a public authority authorized by law to fix rates or prices, without
recourse to competitive bidding. All sales by the purchasing agent shall be
made on the basis of competitive bids after such public notice as may be
prescribed by the council, and all sales shall be to the highest responsible
bidder. A record of all bids, showing the names of the bidders and the
amounts of the bids and indicating in each case the successful bidder,
together with the originals of all sealed bids and other documents, pertain-
ing to the award of contracts, shall be preserved by the purchasing agent
for six years in a file which shall be open to public inspection during
regular business hours. No transaction which is essentially a unit shall be
divided for the purpose of evading the intent of this section.

§ 8.12. Accounting Control of Purchasing.

All purchases made and contracts executed by the purchasing agent
shall be pursuant to a written requisition, in such form as may be pre-
scribed by the director of finance, from the head of the using agency whose
appropriation is to be charged, or from the head of a bureau or other
operating unit to whom such authority has been delegated in writing, filed
with the purchasing agent, except as provided in subsection (f) of § 8.3.
of this charter, by the head of the using agency. No purchase order made
or contract entered into by the purchasing agent shall be valid unless there
be endorsed thereon the certificate of the director of finance that there
ig an unexpended and unencumbered balance in the appropriation and
allotment applicable thereto. Nothing herein, however, shall be taken to
prevent the purchasing agent from making purchases from a store’s
revolving fund which the council is hereby authorized to establish, or from
making sales from the stores to the several using agencies based on their
requisitions, provided the director of finance certified that there is an
unexpended and unencumbered balance in the appropriation to be charged.
CHAP. 9
PERSONNEL

§ 9.1. Merit Basis of Appointments.

Appointments and other personnel actions shall be made according
to merit and fitness. The council shall have all necessary powers to carry
out this purpose, including, if the council so determines, the establish-
ment and operation of a competitive examination or selection system. The
council may vest the following powers in the city manager, who may
delegate them to any officer or department of the city government, as he
may decide: . ;

(a) To administer recruitment and selection to fill positions in the
city government, except the following:

(1) Officers elected by the people and persons appointed to fill va-
cancies in elective offices; (2) members of boards and commissions; (3)
officers appointed by the council; (4) the municipal judge, the juvenile
and domestic relations judge and the justices of the peace provided for in
this charter; (5) employees of the school board; (6) assistant city at-
torneys, special counsel and technical advisors employed by the city
attorney ;

(b) To administer any system of competitive examination or selection
which may be established by the council;

(c) To prepare and recommend to the council a classification plan ;

(d) To prepare and recommend to the council a pay plan covering
all employees in the city government, including school board employees,
if the board so requests;

(e) To direct and enforce the maintenance by all departments, boards,
commissions, offices and agencies of the city, of such personnel records and
service rating of city employees (except employees of the school board)
as he shall prescribe;

(f) To maintain a roster of all persons in the employ of the city
(except employees of the school board) which shall specify as to each such
person such information as (1) the class title of the position held, (2) the
salary or pay, (3) any changes in class title, salary or pay, and (4) such
other data as may be deemed useful or significant;

(g) To certify all payrolls, except those of the school board, and to
make no payment for personal services to any person unless the payroll
voucher bears the certificate of the city manager that the persons named
therein have been appointed and employed in accordance with the provi-
sions of this chapter;

(h) To provide a systematic program of in-service training for city
employees (other than employees of the school board) to improve their
performance and their potentialities for service to the city;

(i) To investigate the operation and effect of the personnel provisions
of this charter and the rules adopted thereunder and report annually his
findings and recommendations to the council;

(j) To recommend to the council and to effectuate such rules and
regulations as may be necessary for the purpose of carrying out the pro-
visions of this charter and to perform such other powers and duties as
may be assigned to him by ordinance.

§ 9.2. Unclassified Service.

The service of the city shall be divided into the unclassified and classi-
fied services. The unclassified service shall consist of: (a) officers elected
by the people and persons appointed to fill vacancies in elective offices;
(b) the members of boards and commissions, all officers appointed by the
council, and persons appointed by officers elected by the people; (c) the
justices of the peace, municipal judge and the juvenile and domestic
relations judge provided for in this charter; (d) the heads of departments
appointed by the city manager, and the assistant city manager, if there
be one; (e) employees of the school board, provided that any class of
such employees may be transferred to the classified service on the request
of the school board; (f) assistant city attorneys, special counsel and tech-
nical advisors employed by the city attorney; (g) licensed physicians and
dentists employed by the city in their professional capacities ; (h) persons
temporarily employed in a professional or scientific capacity or to conduct
a special inquiry, investigation, examination or installation, if the council
or the manager certifies that such employment is temporary and that the
work should not be performed by employees in the classified service ; (i)
per diem employees.

§ 9.3. Classified Service. ; ;

The classified service shall comprise all positions, including those in
the police and fire departments not specifically included by the preceding
section in the unclassified service.

§ 9.4. Appointment and Removal.

All original appointments to positions in the classified service shall
be for a probationary period. The probationary period shall be one year,
but at any time prior to the conclusion of the probationary period of any
employee, his services may be terminated by the officer having the power
of appointment to the position, if, in the opinion of such officer, the em-
ployee does not possess the qualifications to perform satisfactorily the
duties of the position. Upon the conclusion of the probationary period, no
employee shall be suspended for more than sixty days, reduced in
or pay, or removed, except after notice in writing of the grounds of the
proposed action. Such notice shall be from the officer who has the power of
appointment to the position. The decision of the city manager (or for
positions not under his appointing power, the decision of the appointing
officer) shall in all cases be final.

§ 9.5. Tenure.

An employee who has been continued in employment after the con-
clusion of the probationary period may not, so long as he continues in the
employ of the city, be required to serve a new probationary period upon
appointment or transfer to a position not involving different skills.

§ 9.6. Rules.

Within six months after this charter becomes effective, the city
manager shall prepare and recommend to the council such rules as he may
consider necessary to carry out the provisions of this chapter with respect
to persons in the classified service. The council shall cause to be published
at least once in a newspaper of general circulation in the city, a notice of
the time and place of a public hearing to be held on such proposed rules,
to take place not less than five days after the publication of such notice.
Thereafter, the council shall reject or adopt the rules recommended by
the city manager with such modifications as it may deem advisable. Amend-
ments to the rules may be adopted from time to time after public hearing
as above provided, but no change in the rules shall be set for hearing
which has not been recommended by the city manager unless the same
shall have first been referred to him for his opinion at least ten days
prior to such hearing. The rules and amendments thereof so adopted shall
have, to the extent that they are consistent with the terms of this charter,
the force of law. Among other things, they shall provide for the adminis-
tration of the classification plan and pay plan; hours of work, vacations,
sick leaves and other leaves of absence; overtime pay; the order and man-
ner in which layoffs shall be effected; procedure on appeals from orders of
suspension or removal or other disciplinary action; and such other mat-
ters as may be necessary to provide adequate and systematic handling of
the personnel affairs of the city.
§ 9.7. Classification Plan.

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

§ 9.8. Pay Plan.

There shall be a pay plan consisting of a salary range for each class
of position in the classification plan, which shall provide for regular incre-
ments within such range to be earned by length of service upon certifica-
tion of satisfactory service by the supervisor. Each such range shall be
determined with due regard to the salary ranges for other classes and to
the relative difficulty and responsibility of characteristic duties of posi-
tions in the class, the minimum qualifications required, the prevailing rate
paid for similar employment outside the city service, and any other
factors that may properly be considered to have a bearing upon the fair-
ness or adequacy of the range. The city manager shall prepare within
thirty days after the adoption of the classification plan by the council a
pay plan as described above which shall be transmitted to the council, with
his recommendations. The council shall have power to adopt the same by
ordinance with or without modifications. When so adopted by the council
the pay plan shall remain in effect until amended by the council. When a
pay plan has been adopted, the council shall not increase or decrease the
salaries of individual members of the classified service but shall act in
fixing the salaries of members of the classified service only by amendment
of the pay plan.

§ 9.9. Status of Present Employees.

All persons holding positions in the service of the city at the effective
date which are included by this chapter in the classified service, shall
immediately become members of the classified service, upon certification
by the city manager with the approval of the council. Nothing in this
section, however, shall be deemed to limit the power of the council by
ordinance to abolish any position, or positions, or to establish a classifi-
cation plan affecting any position in the classified service, or to adopt a
pay plan altering the compensation thereof.

CHAP. 10
DEPARTMENT OF LAW

§ 10.1. Department of Law.
There shall be a department of law which shall consist of the city
attorney and such assistant city attorneys and other employees as may be
provided by ordinance.

§ 10.2. Qualifications and Appointment.

The head of the department of law shall be the city attorney. He shall
be an attorney at law licensed to practice under the laws of the Common-
wealth. He shall be chosen in the manner provided in § 10.5.

§ 10.3. City Attorney. Powers and Duties.

The city attorney shall (a) be the legal advisor of (1) the council,
(2) the city manager, (3) the city school board, and (4) of all depart-
ments, boards, commissions, and agencies of the city, in all matters affect-
ing the interests of the city, and shall, upon request, furnish a written
opinion of any question of law involving their respective official powers
and duties; (b) at the request of the city manager or any member of the
council, prepare ordinances for introduction and at the request of the
council or any member thereof shall examine any ordinance after intro-
duction and at the request of the council or any member thereof shall
examine the ordinance after introduction and render his opinion as to the
form and legality thereof; (c) draw or approve all bonds, deeds, leases,
contracts or other instruments to which the city or city school board is a
part or in which it has an interest; (d) have the management and control
of all the law business of the city and of the city school board and the
departments, boards, commissions and agencies thereof, or in which the
city has an interest, and represent the city and the city school board as
counsel in any civil case in which it is interested and in criminal cases in
which the constitutionality or validity of any ordinance is brought in
issue; (e) with the approval of the council or of the city school board,
as the case may be, institute and prosecute all legal proceedings he shall
deem necessary or proper to protect the interests of the city or the city
school board; (f) attend in person or assign one of his assistants to attend
all meetings of the council and regular meetings of the city school board;
(g) appoint and remove such assistant city attorneys and other employees
as shall be authorized by the council, subject to the provisions of Chap 9
of this charter as to employees in the classified service, and authorize the
assistant city attorneys or any of them or special counsel to perform any
of the duties imposed upon him in this charter; and (h) have such other
powers and duties as may be assigned to him by ordinance. The approval
or withholding of approval by the city attorney in the matters provided
for in Section 8.7. (c) and 8.7. (d) shall relate only to the legality of the
proposed action.

§ 10.4. Restrictions on Actions for Damages Against City.

No action shall be maintained against the city for injury to any
person or property or for wrongful death alleged to have been sustained
by reason of the negligence of the city or of any city officer, employee or
agent thereof, unless a written statement by the claimant, his agent, attor-
ney or representative, of the nature of the claim and of the time and
place at which the injury is alleged to have occurred or been received
shall have been filed with the city attorney within sixty days after such
cause of action shall have accrued, except that when the claimant is an
infant or non compos mentis, or the injured person dies within such sixty
days, such statement may be filed within one hundred and twenty days.
Neither the city attorney nor any other officer, employee or agent of the
city shall have authority to waive the foregoing conditions precedent or
any of them.

§ 10.5. Qualifications and Appointment.

On the first day of September, 1960, and on the first day of Septem-
ber of every third year thereafter, or if such day shall fall on Sunday or a
holiday then on the following day, the city council shall elect a city attor-
ney for a term of three years. He shall be an attorney at law licensed to
practice under the laws of the Commonwealth and shall have actively
practiced his profession therein for at least five (5) years immediately
preceding his appointment.

§ 10.6. Salary of City Attorney.

The salary of the city attorney shall be as determined by resolution
adopted by the council and shall be set by council prior to the appointment
of the city attorney but which may be set at the same meeting at which
such appointment is made.

§ 10.7. Appointment of City Attorney as Acting Commonwealth
Attorney.

At such time as the city of Colonial Heights shall be a City of the first
class, as provided in Chapter 21, the city attorney in the absence of the
Commonwealth attorney for the city, when not inconsistent with the duties
of the city attorney and with the approval of the Judge of the court of
record having jurisdiction of the city may be appointed acting common-
wealth attorney for said city.

CHAP. 11

PUBLIC SAFETY
§ 11.1. Functions.

The functions of public safety shall be performed by the police de-
partment and such other bureaus, divisions and units as may be provided
by ordinance or by orders of the city manager consistent therewith. _

The City of Colonial Heights may enter into contractual relationships
with neighboring political subdivision for the support and utilization of
a joint fire department which shall be responsible for the protection from
fire of life and property within the city, and may, at any time, establish
a city fire department for such purpose.

§ 11.2. Police Department.

The police department shall consist of the chief of police and such
other officers and employees of such ranks and grades as may be estab-
lished by ordinance. The police department 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 enforce-
ment of the laws of the Commonwealth, the ordinances of the city and all
rules and regulations made in accordance therewith. The chief of police
and the other members of the police force of the city shall have all the
powers and duties of police officers as provided by the general laws of the
Commonwealth.

§ 11.8. Chief of Police.

The head of the police department shall be the chief of police and
shall be appointed by the city manager. Under the general supervision of
the city manager, he shall be in direct command of the police department.
He shall appoint all members of the department and assign all members
of the department to their respective posts, shifts, details and duties. He
shall with the approval of the city manager, make rules and regulations
in conformity with this charter and the ordinances of the city concerning
the operation of the department, 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 con-
duct of the department. Orders of the city manager, relating to the police
department 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
department designated as acting chief by the city manager. Disobedience
to the lawful commands of the chief of police or violation of the rules and
regulations made by him with the approval of the city manager shall be
ground for removal or other disciplinary action as provided in such rules
and regulations, subject to the provisions of Chapter 9 of this charter.
§ 11.4. Special Police.

The Municipal Judge in time of grave public emergency, may appoin'
and equip a sufficient number of special policemen to preserve the peace.
safety and good order of the community. The Municipal Judge shall alsc
appoint such employees of the city to be special policemen who while in
the performance of their official duties shall have the powers and duties
of policemen. The Municipal Judge may in his discretion, upon the applli-
cation of any individual, firm or corporation showing the necessity there-
for, appoint one or more special policemen, to be paid by the applicant.
who shall have the powers and duties of policemen while in or on the
premises of such applicant or in the actual performance of the duties for
which employed. Special policemen shall be subject to the rules and regu-
lations of the police department and their appointment shall be revocable
at any time by the Municipal Judge.

§ 11.5. Fees.

The regular members of the police force and the special police shall
receive all fees and allowances prescribed by law arising out of the exer-
cise of their powers and duties, which shall be collected by the chief of
police and paid into the city treasury, except that witness fees allowed
for attendance upon the courts of record may be paid to and retained by
such members as individuals.

§ 11.6. Civil Defense Traffic Police.

The City Manager when advised of any large gathering of people
requiring additional traffic control police and with the consent of the local
coordinator of Civil Defense may appoint and equip a sufficient number
of regular civil defense police to act as special policemen to regulate
traffic and to preserve the peace, safety and good order of the community.
Civil Defense Traffic Police shall be subject to the rules and regulations
of the police department and shall have official status as city policemen
only while such gathering is coming together, assembled or departing
therefrom.

§ 11.7. Fire Department.

The city council by ordinance may establish a paid or voluntary fire
department and provide for its composition and all orders, rules and regu-
lations for the government of the department.

CHAP. 12
DEPARTMENT OF PUBLIC WORKS

§ 12.1. Department of Public Works.

Unless otherwise provided by the council pursuant to §§ 4.2 (a), 4.2 (b)
and 4.2 (c) of this charter, there shall be a department of public works
which shall consist of the director of public works, who shall be, or be
appointed by, the city manager, and such other officers and employees
organized into such bureaus, divisions and other units as provided by this
chapter or as may be provided by ordinance or by the orders of the director
consistent therewith.

§ 12.2. Functions.

The department of public works shall be responsible for: (a) the
making of such surveys, reports, maps, drawings, plans, specifications and
estimates as may be requested from time to time by the council, the city
manager or the head of any department, or any board, commission or
agency of the city, provided that the city manager may, with the approval
of the council, employ consulting engineers or architects in connection with
the design of any building, work or improvement; (b) the custody of all
maps or plans of the city or any part thereof which were filed at the effec-
tive date of this charter in the office of the director of public works and all
such maps or plans hereafter made and not expressly required by law or
ordinance to be filed in some other place, and any map or plan of the city or
any part thereof made in accordance with any law or ordinance and in the
custody of the department of public works, or a copy thereof attested by
the director of public works, shall be evidenced in the courts of the Com-
monwealth of the facts shown thereon; (c) the supervision of the execution
and performance of all contracts for capital improvement projects as de-
fined in subsection (a) of § 7.2 of this charter, and no payment shall be
made by the city upon any such contract without the certificate of the
director of public works that the work or the portion thereof for which
such payment is to be made has been satisfactorily performed in accordance
with the terms of such contract, provided that when the plans and specifi-
cations for any capital improvement project have been prepared under
the authority of the school board or department of public utilities by some
person or agency other than the department of public works, the contract
may be supervised and the certificate above required shall be issued by
a person or agency to be designated by the school board or the director of
public utilities, as the case may be; (d) the construction of any capital
improvement project by employees of the department of public works when
ordered, as hereinafter provided in this chapter, by the council or the city
manager; (e) the maintenance and cleaning of streets, alleys, other public
places, bridges, viaducts, subways and underpasses; (f) the maintenance
of storm water sewers, drains and culverts, the collection of garbage and
other refuse and the maintenance and operation of facilities for the disposal
of the same, subject to the authority of the director of public health in
matters affecting the public health; (g) the maintenance, heating, lighting
and janitorial service for all city-owned buildings except those under the
jurisdiction of the school board and the department of public utilities, and
except when otherwise provided by this charter, law, ordinance or the
directions of the city manager; (h) the determination, in accordance with
such ordinances on the subject as the council may adopt, of the conditions
under which street surfaces may be cut by the department of public utilities
or any person, firm or corporation, for the purpose of laying, relocating,
removing, connecting or repairing pipes or conduits therein, and the time
within and the manner in which such work shall be completed and such
cuts filled and the street surface restored; (i) the inspection of buildings,
and electrical wiring and plumbing installations, and the issuing of permits
for such construction, maintenance, repair and installations to secure com-
pliance with existing codes or as may be provided by ordinance; (j) re-
quiring every merchant, retailer, trader, and dealer in merchandise, or
property of any description, which is sold by measure or weight, to cause
their weights to be sealed by a city sealer, and to be subject to his inspec-
tion; and (k) such other powers and duties as may be assigned to the de-
partment by ordinance.

§ 12.3. Director of Public Works. Qualifications.

The head of the department of public works shall be the director of
public works. In making the appointment of such director, consideration
shall be given to the applicant’s experience in public works problems and
public works administration.

§ 12.4. Director of Public Works. Powers and Duties.

The director of public works shall have general management and con-
trol of the several bureaus, divisions and other units of the department. He
shall appoint and remove, subject to the provisions of Chapter 9 of this
charter, all the officers and employees of the department and shall have
power to make rules and regulations consistent with this charter and the
ordinances of the city for the conduct of its business.

§ 12.5. Grading of Streets.

Whenever the council shall have determined to grade or change the
grade of any street, alley or public place within the city, if the work be of
such a nature as may cause damage to the abutting landowners it shall be
the duty of the director of public works to ascertain what damages, lI all),
will were to the owners of the property likely to be so affected. It shall
further be the duty of the director of public works, such aacerlaime
having been made, to give such notice and hearings and to make 768
reports and proceed in such manner as is required by §§ 15-767, 15-768,
15-769 and 15-770 of the Code of Virginia. The amount finally ascertained,
in the manner provided in the said sections, to be due to any property owner
shall have the effect of a judgment in favor of the property owner and
against the city as of the date of such final ascertainment.

§ 12.6. Assessment of the Cost of Certain Improvements upon
Abutting Landowners.

Before the council shall order the assessment of the whole or any
portion of the cost of any improvement, as provided in subsection (a) of
§ 2.3 of this charter, it shall give notice to the abutting landowners as
required by §§ 15-669 through 15-671, and § 15-674 of the Code of Vir-
ginia, and all further proceedings in relation to such assessment shall
be governed by the provisions of §§ 15-669, 15-670, 15-671, 15-672, 15-678,
15-674, 15-675, 15-676 of the Code of Virginia relating to notice, hearings,
appeals and other procedural matters; provided that it shall be the duty
of the director of public works to ascertain the cost of such improvement
and that any duties which under said sections may be performed by an
officer of the city, shall be performed by the director of public works.

§ 12.7. Contracts for Capital Improvement Projects.

When ever any capital improvement project is to be undertaken by
the city or any department, board, commission or agency thereof, including
the school board, the department of public works shall cause plans, speci-
fications and estimates of cost of such capital improvement project to be
made. The school board and department of public utilities may utilize the
services of the department of public works in preparing plans, specifi-
cations and estimates of cost for capital improvement projects relating
to their respective functions but they may, in the discretion of the school
board or director of public utilities, as the case may be, cause such plans
and specifications to be prepared by their own employees or by architects
and engineers engaged for the purpose. In the case of any capital im-
provement project, except one relating to school buildings and grounds,
if the estimate of cost is Ten Thousand Dollars or less it may, in the dis-
cretion of the city manager, be constructed either by contract or by the
employees of the department of public works or the department of public
utilities, as the case may be. If the estimate of cost is more than Ten
Thousand Dollars, such capital improvement project shall, except as here-
inafter provided, be constructed by contract. No contract for any capital
improvement project estimated to cost more than One Thousand Dollars
shall be let except upon sealed bids based on the plans and specifications
prepared by the department of public utilities, which bids shall be adver-
tised for, received, opened and tabulated by the purchasing agent in the
manner and subject to the conditions prescribed by ordinance. The contract
shall be awarded by the purchasing agent to the lowest responsible bidder,
provided that the city manager, when the estimated cost of the capital
improvement project is Ten Thousand Dollars or less, and the council in
all cases, may authorize the rejection of all bids, instruct the purchasing
agent to readvertise for bids with or without modification of the plans and
specifications for such capital improvement project or order the same to
be constructed by the department of public works or the department of
public utilities, as the case may be. A record of all bids, showing the names
of the bidders and the amounts of the bids and indicating in each case the
successful bidder, together with the originals of all sealed bids and other
documents pertaining to the award of contracts, shall be preserved by the
purchasing agent for six years in a file which shall be open to public in-
spection during regular business hours. No capital improvement project
which is essentially a unit shall be divided for the purpose of evading
the intent of this section.

§ 12.8. School Board Contracts for Capital Improvement Projects.

The school board may make use of the contract procedure provided
by § 12.7 and if it does so, the authority to reject all bids and order the
purchasing agent to readvertise for bids shall be vested in the school
board, provided that the execution of any capital improvement project
relating to school buildings or grounds shall not be undertaken by the de-
partment of public works except upon the request of the school board and
with the approval of the city manager. The school board may, in its dis-
cretion, adopt its own procedure for the letting of contracts for capital
improvement projects, provided that no such project involving an es-
timated cost of more than Ten Thousand Dollars shall be let except on
sealed bids. No contract or bid of the city school board for capital im-
provements shall be let out for bid or entered into until the same shall have
been first forwarded to the director of public works for approval or dis-
approval as to contents and to the City Attorney for approval or disap-
proval as to form. The director of public works and the City Attorney
shall return the same to the school board within 15 days endorsed ap-
proved or disapproved and in the event the same is disapproved, the direc-
tor of public works or the City Attorney, as the case may be, shall state
in writing his reasons for disapproval. In the event that the director of
public works or the City Attorney fail to return the contract or bid within
the said 15 days, approval of the contract or bid shall be deemed approved
by said official.

§ 12.9. Inspection Functions.

The director of public works shall supervise and be responsible for:
(a) receiving all applications for permits under the existing building,
electrical, and plumbing codes of the city or as may be provided by ordi-
nance, as well as applications for any work sought to be done by private
parties in the streets of the city or upon public property, and shall issue
or refuse such permits according to the regulations of the existing code
or as may be provided by ordinance, and inspecting all such construction,
maintenance, repair, and installations to insure compliance with all of the
requirements of the aforementioned code and the approved plans and
permits; (b) the inspection by the city sealer of all weights, measures and
weighing or measuring devices used in the city, and all weights, scales
and measures used in commerce which may be found, or can be made to
agree with the standard as provided by existing code or as may be pro-
vided by ordinance, shall be sealed by the city sealer, and all which do not
or cannot be made to agree therewith shall be defaced and destroyed by the

city sealer.
CHAP. 13
DEPARTMENT OF PUBLIC UTILITIES

§ 18.1. Department of Public Utilities.

Unless otherwise provided by the council pursuant to §§ 4.2 (a), 4.2 (b)
and 4.2 (c) of this charter, there shall be a department of public utilities
which shall consist of the director of public utilities, who shall be, or be
appointed by, the city manager, 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.

§ 13.2. Functions.

The department of public utilities shall be responsible for: (a) the
operation of the water and sanitary sewer utilities of the city; (b) the
collection of all charges for the services of such utilities; (c) such other
powers and duties as may be assigned to the department by ordinance.
§ 13.8. Director of Public Utilities. Qualtficattons.

The head of the department of public utilities shall be the director of
public utilities. He shall be a person trained and skilled in public utility
problems and shall have had at least five years’ experience in public
utility operation or administration. ;

§ 13.4. Director of Public Utilities—Powers and Duties.

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

§ 13.5. Bureau of Billing and Collection. —

There shall be a bureau of billing and collection in the department of
public utilities, which shall be responsible for the collection of all charges
for the use of water, sanitary sewers and other services incident thereto.
The collection of unpaid bills may be enforced in the manner now or here-
after prescribed by law or ordinance.

13.6. Each Utility a Separate Enterprise.

The city council by ordinance, may provide that the water and sani-
tary sewer utilities shall be conducted as a separate enterprise and may
further provide for the billing and collection of each utility, for separate
budgets for each utility and for separate accounting of each utility.

§ 13.7. Changes in Rates.

The rates to be charged for the respective services of the water and
sanitary sewage utilities shall be fixed from time to time by the council
on the recommendation of the director of public utilities and the city
manager.

§ 13.8. May Utilize Department of Public Works.

The functions of construction, maintenance, repair and installation
pertinent to the operation of the water and sanitary sewer utilities, includ-
ing sewage disposal plants may be performed, at the option of council, by
the department of public works and the director of public works shall
charge all costs incident thereto to the department of public utilities.

CHAP. 14
DEPARTMENT OF PUBLIC HEALTH

§ 14.1. Department of Public Health.

Unless otherwise provided by the council pursuant to §§ 4.2 (a),
4.2 (b), and 4.2 (c) of this charter, there shall be a department 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.

§ 14.2. Functions.

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

§ 14.8. Director of Public Health—Qualifications.

The head of the department of public health shall be the director of
public health. He shall be a person trained and skilled in public health
problems and shall have had at least five years’ experience in public health
work.

§ 14.4. Director of Public Health—Powers and Duties.

The director of public health shall have general management and
control of the several bureaus, divisions and other units of the department.
He shall appoint and remove, subject to the provisions of Chapter 9 of
this charter, all officers and employees of the department, provided that
all regular officers and employees of the department who are included in
the unclassified service by reason of their professional status as physicians
or dentists shall be disciplined or removed only in the manner prescribed
for the discipline or removal of members of the classified service and shall
be subject to the provisions of §§ 9.7, 9.8 and 9.10 of this charter.

§ 14.5. Director of Public Health—Further Powers and Duties.

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

§ 14.6. Contractual Relationships.

The City of Colonial Heights may enter into contractual relationship
with the Commonwealth and neighboring political subdivisions for the
support and utilization of a joint board of health to effectuate any, or all
of the functions of the department of health.

CHAP. 15
DEPARTMENT OF PUBLIC WELFARE

§ 15.1. Department of Public Welfare.

Unless otherwise provided by the council pursuant to §§ 4.2 (a),
4.2 (b) and 4.2 (c) of this charter, there shall be a department of public
welfare which shall consist of the director of public welfare and such
officers and employees organized in such bureaus, divisions and other units
as may be provided by ordinance or the orders of the director consistent
therewith.

§ 15.2. Functions.

The department of public welfare shall be responsible for: (a) the
duties imposed by the laws of the Commonwealth relating to public assist-
ance and relief of the poor; (b) the operation of a city home; and (c) such
other powers and duties as may be assigned to the department by law or
ordinance.

§ 15.3. Director of Public Welfare—Qualifications.

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

§ 15.4. Director of Public Welfare—Powers and Duties.

The director shall have, subject to the laws of the Commonwealth
relating to public assistance, general management and control of the sev-
eral bureaus, divisions and other units of the department, including the
appointment and removal, subject to the provisions of Chapter 9 of this
charter, of all officers and employees of the department and the making
of rules and regulations, consistent with this charter and the ordinances
of the city, for the conduct of its business.
§ 15.5. Contractual Relationships. |

The City of Colonial Heights, at the option of the council, may ente
into contractual relationships with neighboring political subdivisions fo
the administration of public aid and assistance, and the care, maintenanc
and support of the aged, indigent, and infirm.

CHAP. 16
DEPARTMENT OF RECREATION AND PARKS

§ 16.1. Department of Recreation and Parks.

Unless otherwise provided by the council pursuant to §§ 4.2 (a), 4!
(b) and 4.2 (c) of this charter, there shall be a department of recreatio!
and parks which shall consist of the director of recreation and parks ant
such other officers and employees organized into such bureaus, division:
and other units as may be provided by ordinance or by the orders of the
director consistent therewith.

§ 16.2. Functions. ;

The department of recreation and parks shall be responsible for: (a)
organizing and conducting recreation programs for all age groups ir
various parts of the city; (b) operating and maintaining all public parks
grounds, playfields and playgrounds of the city both within and without it:
boundaries, except those under the jurisdiction of the school board ; (c)
operating and maintaining all city cemeteries; (d) operating and maintain.
ing nurseries for flowers, vines, shrubs and trees for use in the public parks
grounds, streets and ways of the city; (e) planting and care of all flowers
vines, shrubs and trees in the public parks, grounds, streets and ways of the
city; (f) operating and maintaining all buildings, museums, gardens, monu-
ments, 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, sponsor-
ing 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
recreation and parks shall be responsible for any damage or extra expense
arising from its use of the school grounds and buildings. When authorized
by the council and upon such terms and conditions as it may provide, the
department of recreation may lease concessions and other facilities in the
public parks and grounds under its jurisdiction, fix and collect charges for
the use of its facilities and services, fix and collect charges for admission
(o concerts, entertainments and other recreational activities sponsored by it
and sell or exchange the surplus products of the city nurseries. The repair
and maintenance of all buildings, drives and walks in parks and grounds
inder the jurisdiction of the department may, when so directed by the city
nanager, be performed by the department of public works.

§ 16.3. Director of Recreation and Parks. Qualifications.

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

§ 16.4. Director of Recreation and Parks. Powers and Duties.

The director of recreation and parks shall have general management
ind control of the several bureaus, divisions and other units of the de-
artment. He shall appoint and remove, subject to the provisions of Chapter
of this charter, all officers and employees of the department, and he shall
ave the power to make rules and regulations consistent with this charter
nd the ordinances of the city for the conduct of its business.
16.5. Rules and Regulations.

The council shall have power to adopt by ordinance all needful rules
and regulations relating to the use of public grounds, parks, playfields,
playgrounds and cemeteries, whether within or without the city, and in!
the preservation of order, safety and decency therein. For the purpose 0
enforcing such rules and regulations, all such public grounds, parks, play-
fields, playgrounds and cemeteries shall be under the police jurisdiction of
the city. Any member of the police force of the city, or park employee
appointed as a special policeman shall have power to make arrests for
violations of any such rule or regulations.

16.6. Advisory Board of Recreation and Parks. _

There shall be an advisory board of recreation and parks consisting
of five members, of whom one shall be a member of the school board, ap-
pointed by the school board, and one a member of the city planning com-
mission, appointed by the city planning commission, for terms of two years
from the first day in September, 1960, and every two years thereafter, but
in no case shall a member so appointed continue to be a member of the
advisory board of recreation and parks after the expiration of his term
as a member of the school board or the city planning commission, as the
case may be; and of whom three shall be appointed by the council for terms
of three years, provided that the members in office at the effective date of
this charter are hereby continued in office for the terms they were ap-
pointed, and new appointments shall be made annually from the first day
in September in such a manner that one or more, but less than three, of the
appointments expire annually. Vacancies shall be filled by the Authority
making the appointment, for the unexpired portion of the term. The ad-
visory board of recreation and parks shall choose annually one of its own
number to be chairman for a term of one year and until his successor 1s
chosen and qualified. An employee of the department of recreation and
parks shall be assigned by the director of recreation and parks to act as
secretary of the board. It shall hold such regular meetings as it may deter-
mine. Special meetings may be held at any time on the call of the director
of recreation and parks. The advisory board of recreation and parks shall
advise with the director of recreation and parks on all matters submitted
by him for their consideration. The members of the advisory board of
recreation and parks shall serve without compensation.

CHAP. 17
PLANNING, ZONING AND SUBDIVISION CONTROL

§ 17.1. Planning Powers.

In addition to the powers granted under prevailing State laws and
elsewhere in this charter, the council is authorized and empowered to
make and adopt planning ordinances and approve a comprehensive master
plan for the orderly development of the city to promote health, safety,
morals, comfort, prosperity, and general welfare. The master plan may
include but shall not be limited to the following:

(a) The general location, character and extent of all streets, high-
ways, superhighways, freeways, avenues, boulevards, roads, lanes, alleys.
walks, walkways, parks, parkways, squares, playfields, playgrounds, rec-
reational facilities, stadia, arenas, swimming pools, terminals, airports
and other public places or ways, and the removal, relocation, widening
narrowing, vacating, abandonment, change of use or extension thereof

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

(c) The general location, character and extent of slum clearance
housing, and neighborhood rehabilitation projects, including the demoli.
tion, repair or vacation of substandard, unsafe or unsanitary buildings.
(d) A general plan for the control and routing of railways, street-
car lines, bus lines and all other vehicular traffic.

(e) A comprehensive zoning plan for the zoning of all or any part
of the area within the city.

(f) The general location, character and extent of use and develop-
ment of land in areas beyond the corporate limits of the city which may
be considered for annexation.

§ 17.2. The City Planning Commission—Composition.

There shall be a city planning commission which shall consist of
seven members appointed by the council. One member shall be a member
of the council who shall be appointed for a term coincident with his term
in the council; one member shall be a member of the board of zoning
appeals appointed for a term coincident with his term on such board; one
member shall be the city manager or an administrative officer or employee
bers shall be qualified voters of the city who hold no office of profit under
of the city designated from year to year by the council; four citizen mem-
the city government, appointed for terms of four years; provided that the
citizen members of the city planning commission previously appointed by
the mayor and in office at the effective date of this charter shall continue
to serve as members of the commission for the terms for which they were
appointed, and provided further, that of the citizen members first ap-
pointed thereafter by the council, two shall be appointed for two years
and two for four years from the first of January following their appoint-
ment. Vacancies shall be filled for the unexpired portion of the term.
Members of the city planning commission shall serve as such without
compensation.

§ 17.3. Organization and Expenditures.

The commission shall elect a chairman and vice-chairman from among
the citizen members appointed by the council, for a term of one year, who
shall be eligible for reelection, and appoint a secretary. The commission
shall hold at least one regular meeting in each month, shall adopt rules
for the transaction of its business, and shall keep a record of its resolu-
tions, transactions, findings and determinations, which record shall be a
public record. The commission shall appoint such employees as it may
deem necessary for its work and may contract with city planners, engi-
neers, architects and other consultants for services it may require.
expenditures, exclusive of gifts to the commission, shall not exceed the
sums appropriated by the council therefor.

8 17.4. Duty to Adopt Master Plan.

It shall be the duty of the commission to make and adopt a master
plan which, with accompanying maps, plats, charts and descriptive matter,
shall show the commission’s recommendations for the development of the
territory covered by the plan. In the preparation of such plan, the commis-
sion shall make careful and comprehensive surveys and studies of exist-
ing conditions and future growth. The plan shall be made with the general
purpose of guiding and accomplishing a coordinated, adjusted and har-
monious development of the city and its environs which will, in accord-
ance with existing and future needs, best promote health, safety, morals,
comfort, prosperity and general welfare, as well as efficiency and economy
in the process of development.

§ 17.5. Control of Monuments and Other Works of Art.

It shall be the further duty and function of the commission to make
recommendations to the city council to provide for the preservation of
historical landmarks; and to control the design and location of statuary
and other works of art which are or may become the property of the city,
and the removal, relocation and alteration of any such work: and to con-
sider and suggest the design, of bridges, viaducts, airports, stadia, arenas,
swimming pools, street fixtures and other public structures and appur-
tenances.

§ 17.6. Adoption of Master Plan by Commission.

The commission may adopt the plan as a whole by a single resolution
or may, by successive resolutions, adopt successive parts of the plan, said
parts corresponding to major geographical sections or geographical or
topographical divisions of the area to be covered by the master plan or
with functional subdivision of the subject matter of the plan, and may
adopt any amendment or extension thereof or addition thereto. Before the
adoption of the plan or any such part, amendment, extension or addition,
the commission shall hold at least one public hearing thereon, at least
fifteen days’ notice of the time and place of which shall be given by one
publication in a newspaper of general circulation in the city. The adop-
tion of the plan or of any such part, amendment, extension or addition
shall be by resolution of the commission carried by the affirmative vote of
not less than a majority of the entire membership of the commission. The
resolution shall refer expressly to the maps and descriptive matter and
other matter intended by the commission to form the whole or part of the
plan adopted, which resolution shall be signed by the chairman of the
commission and attested by its secretary. An attested copy of the resolu-
tion, accompanied by a copy of so much of the plan in whole or in part
as was adopted thereby, shall be certified to the council and upon approval
by it to the clerk of the circuit court of the city who shall file the same.

§ 17.7. Effect of Adoption of Master Plan.

Whenever the commission shall have adopted a master plan for the
city or one or more parts thereof, geographical, topographical or functional,
and the master plan or such part or parts thereof shall have been ap-
proved by the council, and it has been certified and filed, as provided in
the preceding section, then and thereafter no street, square, park or other
public way, ground, open space, public building or structure, shall be con-
structed or authorized in the city or in the planned section or division
thereof until and unless the general location, character and extent thereof
has been submitted to and approved by the commission; and no public
utility, whether publicly or privately owned, shall be constructed or auth-
orized in the city or in the planned section or division thereof until and
unless its general location, but not its character and extent, has been sub-
mitted to and approved by the commission, but such submission and ap-
proval shall not be necessary in the case of pipes or conduits in any exist-
ing street or proposed street, square, park or other public way, ground
or open space, the location of which has been approved by the commission;
and no ordinance giving effect to or amending the comprehensive zoning
plan as provided in § 17.10 shall be adopted until it has been submitted to
and approved by the commission. In case of disapproval in any of the in-
stances enumerated above, the commission shall communicate its reason
to the council which shall have the power to overrule such action by a
recorded vote of not less than two-thirds of its entire membership. The
failure of the commission to act within sixty days from the date of the
official submission to it shall be deemed approval. The widening, extension,
narrowing, enlargement, vacation or change in the use of streets and
other public ways, grounds and places within the city, as well as the ac-
quisition by the city of any land within or without the city for public
purposes, or the sale of any land then held by the city, shall be subject to
similar approval, and in case the same is disapproved, such disapproval
may be similarly overruled. The foregoing provisions of this section shall
not be deemed to apply to the pavement, repavement, reconstruction, im-
provement, drainage or other work in or upon any existing street or other
existing public way.
§ 17.8. Capital Budget. ;

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

§ 17.9. Further Planning Powers and Duties of the Commission.

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

17.10. Zoning Powers.

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

(a) It may permit specified uses of land, buildings and structures in
the districts and prohibit all other uses.

(b) It may regulate the heights, area, bulk, size, design and appear-
ance of buildings and structures and the appropriateness of their use in
the districts.

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

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

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

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

(g) It may permit the designed use and development of land not less
than ten acres in extent in a manner varying in certain respects from the
regulations and restrictions prescribed for the district or districts in
which such land is situated, provided that such designed use shall be ap-
proved by the city planning commission and the council, and adopted as a
part of the master plan of the city.

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

§ 17.11. Considerations to Be Observed in Adoption and Alteration
of Regulations.

The regulations and restrictions shall be enacted with reasonable con-
sideration, among other things, of the character of each district and its
peculiar suitability for particular uses, and with a view of conserving the
value of land, buildings and structures and encouraging the most appro-
priate use thereof throughout the city. Upon the enactment of the ordinance
dividing the city into districts and regulating and restricting the use of
land, buildings and structures therein in accordance with a comprehensive
zoning plan; no land, building or structure shall be changed from one dis-
trict to another district unless the change is in accord with the interest
and purposes of this section and will not be contrary to the comprehensive
zoning plan and the enumerated factors upon which it is based and the
regulations and restrictions applicable to the districts involved in the
change. Aside from extensions from an existing zone to immediately ad-
joining or adjacent properties, no change in district boundaries shall be
made so as to include less than the entire area fronting on the same street
in one block, but such change need not include such portions of corner lots
as may be within one hundred feet of the streetline of the intersecting
streets which bound the block, and in blocks where the frontage on the same
street is seven hundred feet or more, the change need not include more than
three hundred and fifty continuous feet thereof.

Z § 17.12. Duties of the City Planning Commission with Relation to
oning.

It shall be the duty of the city planning commission to prepare and

submit to the council a comprehensive zoning plan as referred to in § 17.10

and from time to time prepare and submit such changes in or revisions of

the said plan as changing conditions may make necessary.

§ 17.13. Adoption and Amendment of Regulations and Restrictions
and Determination of District Boundaries.

Subject to the other provisions of this chapter, the council shall have
power by ordinance to adopt the regulations and restrictions hereinbefore
described and determine the boundaries of the districts in which they shall
apply, provide for their enforcement, and from time to time, amend, supple-
ment or repeal the same. The council shall also have authority to provide
for the collection of fees to cover at least the costs involved in the con-
sideration of any request for amendment, supplement or repeal of any such
regulations, restriction or determination of boundaries, to be paid to the
city clerk by the applicant upon filing such request. No such ordinance or
amendment shall be adopted until: (a) the ordinance or amendment has
been referred to the city planning commission and approved by it, subject
to overrule by the council, as provided in § 17.7; and (b) until after a
public hearing in relation thereto shall be held by the council at which the
parties in interest and other persons shall have an opportunity to be heard.
At least fifteen days’ notice of the time and place of such hearing shall be
— by publication thereof in a newspaper of general circulation in the
city.

§ 17.14. Effect of Protest by Twenty Per Cent of the Owners of
Property.

If a protest is filed with the city clerk against such amendment,
supplement or repeal, signed and acknowledged before a person authorized
to administer oaths, by the owners of twenty per cent or more of the total
area of the lots included in such proposed change or of the total area of
the lots outside of the proposed change, any point in which is within one
hundred and fifty feet of the boundary of such area, the council shall not
adopt the ordinance making such amendment, supplement or repeal, except
by the votes of two-thirds of the entire council.

§ 17.15. Board of Zoning Appeals. Composition.

There shall be a board of zoning appeals which shall consist of five
regular members and one alternate. They shall be qualified voters of the
city, shall hold no office of profit under the city government and shall be
appointed by the council for terms of four years; provided that the mem-
bers of the board of zoning appeals in office at the effective date of this
charter shall continue to hold office until the first day of January following
the expiration of the terms for which they were appointed, and the first
alternate member shall be appointed to serve until the said date; and pro-
vided, further, that the council shall appoint two regular and one alternate
member to serve for two years, and three regular members to serve for
four years from said date. Thereafter, their successors shall be appointed
for full terms of four years. Vacancies shall be filled by the council for the
unexpired portion of the term. A regular or alternate member may be re-
moved by the council for neglect of duty or malfeasance in office, upon
written charges and after public hearing. Members of the board of zoning
appeals shall serve without compensation.

§ 17.16. Board of Zoning Appeals. Organization.

The board shall elect a chairman and a vice-chairman from among
its regular members for a term of one year who shall be eligible for re-
election. The chairman shall preside at all meetings of the board and, in his
absence, the vice-chairman or other member designated by the board shall
act as chairman and shall preside. The board shall appoint a secretary and
such other employees as may be needed for the conduct of the work of the
board. The alternate member may take the place of any regular member
who is absent or disqualified, in hearing and determining any matter before
the board.

§ 17.17. Board of Zoning Appeals. Procedure.

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

§ 17.18. Appeals to Board of Zoning Appeals.

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

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

§ 17.19. Powers of Board of Zoning Appeals.

The board shall have the following powers and it shall be its duty:

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

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

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

(d) To permit such other exceptions or grant variances from the
strict application of the terms of the zoning regulations under the princi-
ples, standards, rules, conditions, and safeguards set forth in the zoning
ordinance, provided they are determined to be consistent with the general
purpose and intent of such ordinance.

§ 17.20. Form and Scope of Decisions by Board of Zoning Appeals.

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

§ 17.21. Appeals from Board of Zoning Appeals.

Any person, firm or corporation, jointly or severally aggrieved, or in
fact affected by any decision of the board of zoning appeals, or any officer,
department, board or agency of the city government charged with the en-
forcement of any order, requirement or decision of said board, may appeal
from such decision by filing a petition in the court of appropriate juris-
diction, verified by affidavit, setting forth the alleged illegality of the action
of the board and the grounds thereof. The petition shall be filed within
thirty days from the date of the decision of the board. No appeal from the
decision of the board shall be allowed in any case involving the same peti-
tioner, principles, property and conditions, previously passed upon by such
court. | :

§ 17.22. Procedure on Appeal.

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

§ 17.28. Powers and Duties of the Court.

The court shall review the record, documents and other matters
produced by the board pursuant to the issuance of the writ and may re-
verse or modify the decision reviewed, in whole or in part, when it is
satisfied that the decision of the board is contrary to law or that its decision
is arbitrary and constitutes an abuse of discretion.

§ 17.24. Proceedings against Violators of Zoning Ordinance.

Whenever any building or structure is erected, constructed, recon-
structed, altered, repaired or converted, or whenever any land, building or
structure is used in violation of any ordinance adopted in accordance with
§ 17.13, the city may institute and prosecute appropriate action or pro-
ceedings to prevent such unlawful act and to restrain, correct or abate such
violation or to prevent any unlawful act, conduct or use of such property.

§ 17.25. Penalties for Violation of Zoning Ordinance.

The council may, in such ordinance, provide that fines and jail
sentences, either or both, shall be imposed for violations of the ordinance
by owners of land, buildings or structures, their agents having possession
or control of such property, lessees, tenants, architects, builders, contrac-
tors or any other persons, firms or corporations or who maintain any land,
building or structure in which such violations exist, which penalties shall
not exceed those prescribed in Title 16.1 Chapters 6 and 7 of the Code of
Virginia in force on November 1, 1959.

§ 17.26. Land Subdivision.

In order to provide for the orderly subdivision of land within the city,
there is hereby conferred upon the city the power to adopt regulations and
restrictions relative to the subdivision of land in the manner hereinafter
provided. Such regulations and restrictions may prescribe standards and
requirements for the subdivision of land which may include, but shall not
be limited to, the following: the location, size and layout of lots so as to
prevent congestion of population, to provide for light and air, and to
prevent the hazard of inundation, the width, grade, location, alignment
and arrangement of streets and sidewalks with relation to other existing
streets, planned streets and the master plan; access for fire-fighting ap-
paratus; adequate open spaces; adequate and convenient facilities for
vehicular parking; easements for public utilities; reservation or dedication
of suitable sites for schools, parks and playgrounds; planting of shade
trees and shrubs; naming and designation of streets and other public
places; laying out, construction and improving streets, alleys and sidewalks,
the installation of public utilities and other physical improvements therein
and the conditions under which the cost thereof shall be borne by the
developer; and provisions for the guarantee of payment by the developer
for the required improvements; procedure for making variations in such
regulations and restrictions; requirements for preparing and recording
plats of subdivisions including their size, scale, contents and other matters;
and for the erection of monuments of specified type for making and estab-
lishing property and street, alley, sidewalk and other lines.

§ 17.27. Hearing on Subdivision Ordinance.

The council shall not adopt or amend any ordinance establishing such
regulations and restrictions until notice of intention so to do has been
published once a week for two successive weeks in a newspaper of general
circulation in the city. The notice shall specify the time, not less than ten
days after final publication, and the place at which persons affected may
appear before the council and present their views.

§ 17.28. Adoption of Regulations and Restrictions Applicable Only
within the City Limits.

After hearing, as above provided, the council may adopt by ordinance
any such regulations and restrictions applicable within the limits of the
city which, when recorded in the office of the clerk of the circuit court of
the county, shall be in full force and effect.

§ 17.29. Approval of Plats of Subdivision.

The planning commission shall be the platting commission of the
city, and, as such, shall have control of the platting or subdivision of land
within the city. From and after the date on which such regulations and
restrictions become effective in the city, the owners of tracts of land to
which such regulations and restrictions are applicable, who subdivide them
into two or more lots, shall cause plats of such subdivision, in the form
prescribed by the applicable regulations and restrictions, to be made and
submitted to the city planning commission. It shall be the duty of such
commission to consider such plat in the light of the regulations and re-
strictions applicable to the same and approve or disapprove the plat in
accordance therewith. Before taking any action thereon, the city planning
commission shall afford the owner and other interested parties an op-
portunity to be heard after such reasonable notice as may be provided in
such regulations and restrictions. Failure to act on any plat for a period
of forty-five days shall be deemed to constitute approval unless a petition
in a proper court has been filed as hereinafter provided in this section.
Approval shall be attested on that plat by the signature of the chairman or
vice-chairman of the city planning commission.

17.380. Recording of Plats of Subdivision. —

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

§ 17.31. Penalty for Transfer of Lots in Unapproved Subdivisions.

Whoever being the owner or agent of the owner of any land in a
subdivision subject to such regulations and restrictions, the plat of which
has not been approved and recorded as above provided, shall transfer, sell
or offer for sale or agree to sell any lot in such subdivision by reference to
or exhibition of an unapproved and unrecorded plat or otherwise, shall
forfeit and pay a penalty of one hundred dollars for each lot or similar
parcel of land transferred or agreed or negotiated to be sold; and the
description of such lot or parcel by metes and bounds in the instrument of
transfer of other document used in the process of selling or transferring
shall not exempt the transaction from such penalty or from the remedies
herein provided. The city may enjoin such transfer or sale or agreement
by proceedings for injunction brought in a court having jurisdiction of the
land to which the injunction applies. The city in which any lot transferred,
sold or offered for sale in violation of this chapter is situated, may recover
the penalty provided therefor in a civil action brought in a court in whose
jurisdiction such lot is situated, for the benefit of the city. In the absence
of intent to evade the provisions of this section, the penalty may be waived
in the case of an attempted transfer by will.

§ 17.82. Transfer of Portion for Public Use.

The recordation of the plat shall operate to transfer in fee simple to
the city such portion thereof as is on the plat set apart for streets, alleys,
easements or other public use or purpose and to create a public right of
passage over or use of the same. The owner or owners of the land sub-
divided may construct, reconstruct, operate and maintain with the consent
of the city where the land lies, sewer, gas and water pipes or electric lines
along or under the streets, alleys, easements or other land devoted to public
use further than is reasonably necessary to construct, reconstruct, repair,
operate and maintain such works.

§ 17.33. Vacation of Plats.

Any plat or part thereof recorded may be vacated, with the consent
of the council by the owners thereof at any time before the sale of any
lot therein. by a written instrument declaring the plat to be vacated,
which shall be duly executed, acknowledged and recorded in the clerk’s
office wherein the plat to be vacated is recorded. The execution and record-
ation of the instrument shall operate to destroy the force and effect of the
recording of the plat and to divest all public rights in and to reinvest the
owners with the title to the streets, alleys, easements and other land de-
voted to public use laid out or described in the plat. In cases where lots
have been sold, the plat or part thereof or any unaccepted or abandoned
street, or street recommended by the Planning Commission for vacation
may be vacated according to the procedure provided in §§ 15-766, 15-766.1,
15-766.2 and 15-766.3 of the Code of Virginia as amended, for the alteration
and vacation of streets and alleys. The clerk in whose office any plat so
vacated has been recorded shall write in plain, legible letters across the
plat or part thereof vacated the word “vacated”, and also make a reference
on the plat to the volume and page thereof in which the instrument of va-
cation is recorded.

§ 17.34. Use of Street for Twenty Years—Dedication—

Whenever any piece, parcel or strip of land shall have been opened to
and used by the public as a street, alley, lane or other public place or part
thereof for the period of twenty years, the same shall thereby become a
street, alley, lane, public place or part thereof for all purposes, and the
city shall have the same authority and jurisdiction over and right and in-
terest therein that it has by law over the streets, alleys, lanes and public
places laid out by it, and thereafter no action shall be brought to recover
such piece, parcel or strip of land so opened to and used by the public as
aforesaid. Any street, alley, lane or other public place reserved in the
division or subdivision into lots within the corporate limits of the city by
a plat or plan of record shall be deemed and held to be dedicated to the
public use and the council shall have authority, upon the petition of any
person or corporation interested therein, to open such street, alley, lane or
other public place or any portion of the same. No agreement between, or
release of interest by, persons or corporations owning the lands immedi-
ately contiguous to any such street, alley, lane or other public place,
whether the same has been opened or used by the public or not, shall avail
or operate to abolish such street, alley, lane or other public place or to divest
the interest of the public therein or the authority of the council over the
same.

§ 17.35. Present Master Plan, Comprehensive Zoning Plan and Sub-
division Ordinance.

The master plan, the comprehensive zoning plan, and subdivision ordi-
nance as heretofore adopted, approved and filed, with all amendments, addi-
tions and extensions thereto, in force and effect at the effective date of
this charter are hereby validated and confirmed as if the same had been
prepared, adopted, approved and filed in accordance with the provisions
of this chapter. Every amendment or addition thereto or extension thereof
and every other master plan, comprehensive zoning ordinance, or subdi-
vision ordinance henceforth adopted shall be in accordance with the pro-
visions of this chapter. Where existing ordinances are at variance with
the provisions of this chapter, they shall be deemed to be amended in
accordance with the provisions of this chapter.

CHAP. 18
ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES

§ 18.1. Acquisition, Ownership and Use of Property.

The city shall have, for the purpose of carrying out any of the powers
and duties, power to acquire by gift, bequest, purchase or lease, and to own
and make use of, within and without the city, lands, buildings, other struc-
tures and personal property, including any interest, right, easement or
estate therein, and in acquiring such property to exercise, within and with-
out the city, the right of eminent domain as hereinafter provided in this
chapter. This power shall be in addition to the powers granted to the school
board in § 20.2.

§ 18.2. Eminent Domain.

The city is hereby authorized to acquire by condemnation proceedings
lands, buildings, structures and personal property or any interest, right,
easement or estate therein, of any person or corporation, whenever in the
opinion of the council a public necessity exists therefor, which shall be
expressed in the resolution or ordinance directing such acquisition, vith
whenever the city cannot agree on terms of purchase or settlement pe
the owners of the subject of such acquisition because of the incapacity o
such owner, or because of the inability to agree on the compensation to be
paid or other terms of settlement or purchase, or because the owner or
some one of the owners is a nonresident of the State or cannot with
reasonable diligence be found in the state, or is unknown.

Such proceedings shall be instituted in the court of appropriate
jurisdiction.

18.3. Procedure in Condemnation.

The city may, in exercising the right of eminent domain conferred by
the preceding section, make use of the procedure prescribed by the general
law, as modified by said section.

§ 18 Enhancement in Value When Considered.

In all cases under the provisions of §§ 18.2 and 18.3, the enhancement,
if any, in value of the remaining property of the owner by reason of the
construction or improvement contemplated or made by the city, shall be
offset against the damage, if any, resulting to such remaining property
of such owner by reason of such construction or improvement, provided
such enhancement in value shall not be offset against the value of the
property taken, and provided further, that if such enhancement in value
shall exceed the damage, there shall be no recovery over against the owner
for such excess.

§ 18.5. Unclaimed Funds in Condemnation Cases.

Whenever any money shall have remained for five years in the custody
or under the control of any of the courts enumerated in § 18.2, such
money shall be disposed of pursuant to §§ 8-746 and 8-747 of the Code of

Virginia.
CHAP. 19
COURTS NOT OF RECORD

(a) Municipal Court

§ Court and Judge.

There shall be a Municipal Court in the City of Colonial Heights as
provided in Title 16.1, Chapter 8 of the Code of Virginia of 1950 in force
on November 1, 1959. The Judge of the Municipal Court of said City shall
be appointed by the Judge of the Circuit Court having jurisdiction of said
City for a term of 4 years beginning January 1, 1961, as set forth in Title
16.1 of the Code of Virginia. The Civil and Criminal Jurisdiction of
said Court shall be as set forth in Title 16.1, Chapters 6 and 7 of the Code
of Virginia in force on November 1, 1959.

§ 19.2. Oath and Bond.

Such Municipal Judge, before entering upon the performance of his
duties, shall take the oath prescribed by law and shall enter into bond in
the penalty of two thousand dollars payable to the City of Colonial Heights,
Virginia, and conditioned as the law directs, with corporate surety deemed
sufficient by the Judge of said circuit court, which bond shall be filed with
the clerk of the court and preserved in his office.

Compensation.

Such Municipal Judge shall receive such monthly salary as the council
may determine, which salary is to be paid in the same manner as the
salaries of other officials are paid, and he shall receive no other compensation
for his services as municipal judge.

§ 19.4. Collection of Costs and Fees.

The said Municipal Judge, Juvenile and Domestic Relations Judge or
clerks of courts not of record, or justices of the peace, as the case may be,
shall cause to be collected such costs and fees required by law to be paid
to him in civil and criminal matters; the amount of such costs and fees shal]
be as provided in Title 14 of the Code of Virginia and by general law.
rovided that none of said fees shall be taxed against or paid by the said
city - which fees and arrest and attendance fees shall be collected and paid
into the city treasury and all fines collected shall be accounted for according
to general law and city ordinances and paid into the treasury of the said
city or to the state, whichever may be entitled thereto.

§ 19.5. Docket Books. _ i,

The said municipal judge shall keep a civil docket book and a criminal
docket book, in which shall be entered all cases tried and prosecuted before
him and all civil processes issued by him, except summonses for witnesses,
the proceedings had therein and the disposition of same, which docket
books shall be furnished by the council. All papers connected with any
proceedings, before such judge, except such as may be removed on appeal,
distress warrants, and such as in criminal matters may be required by law
to be returned or lodged in the office of the Clerk of the Circuit Court
having jurisdiction of the city, shall be properly indexed, filed and pre-
served. The council shall provide for such judge, the necessary and proper
books, forms, files and office equipment, which shall be and remain the
property of the city, 'and shall be turned over by such judge to his
successor in office. The books and papers in such office shall be examined
and audited at any time the council may see fit by such person or persons
as the council may designate. ,

§ 19.6. Record of Fees, Fines, Forfettures and Costs.

He shall keep a regular account of all fees, fines, forfeitures and costs
imposed or arising in the administration of his office in both civil and
criminal matters, which he shall report to the auditor, at such intervals
and in such form as the council may require. The said municipal judge or
the clerk of the police court, if such officer is appointed, or such other
person as the council may designate for that purpose, shall collect all fines,
forfeitures and costs imposed in said court and report to the auditor month-
ly such as have accrued to the city, and pay the same to the city treasurer
not later than the fifth day of the next succeeding month in which collected,
and shall segregate and transmit to the State Treasurer all fines and for-
feitures accruing to the Commonwealth.

§ 19.7. Location of Court; Absence of Judge.

The municipal judge shall hold his court at such place and time as
may be prescribed by the council, and if for any cause he is unable to act,
the substitute municipal judge shall discharge the duties of the municipal
judge prescribed herein during such inability.

§ 19.8. Vacancies.

Any vacancy occurring in the office of the municipal judge or substitute
municipal judge from any cause, shall be filled by appointment of the Judge
of the Circuit Court having jurisdiction over the City of Colonial Heights.

§ 19.9. Substitute Municipal Judge.

Substitute and Assistant judges may be appointed by the Judge of
the Circuit Court and may only represent clients in the courts of said
city as allowed and permitted by the Judge of the circuit court having
jurisdiction over said city by appropriate order entered. He shall possess
the qualifications for the municipal judge, and shall act for said municipal
judge, when, from any cause, said municipal judge is unable to perform the
duties of his office. When acting for said municipal judge, he shall be sub-
ject to all the provisions of law regarding the municipal judge and shall
possess all the jurisdiction and exercise all the power and authority and
receive the same salary as is prescribed by the municipal judge, prorated
on a per diem basis; and either of said justices while serving as municipal
judge may perform acts, with reference to the proceedings of the other
in any matter, in the same manner and with the same force and effect as
if they were his own. He shall take the oath prescribed by law and enter
into bond in the sum of one thousand dollars, with corporate surety con-
ditioned as provided by law. .

§ 19.10. Clerk of Municipal Court and Juvenile and Domestic Rela-
tions Court.

The Judge of the Circuit Court having jurisdiction over the City of
Colonial Heights shall upon the recommendation of the respective judge
of the court not of record appoint a Clerk for courts not of record who
shall be both the Clerk of the Municipal Court and the Clerk of the
Juvenile and Domestic Relations Court. The salary of the Clerk shall be
as provided by the council. The clerk shall give bond as the judge of the
circuit court having jurisdiction over the city of Colonial Heights may re-
quire, and qualify by taking the oath before either the Judge of the Circuit
Court or the Clerk of the Circuit Court. The clerk of the courts not of
record shall serve at the pleasure of the Judge of the Circuit Court.

§ 19.11. Justices of the Peace.

There shall be one Justice of the Peace, as provided in Title 39, Chap-
ter 1, of the Code of Virginia, of 1950, as in force on November 1, 1959,
for every 2,000 inhabitants as shown by the last federal census or other
census provided for by law. The justices of the peace shall be elected for
office by the people for the term of four years and until his successor is
elected and qualified unless sooner removed from office. Election for the
office of Justice of the Peace shall be held on the 1st Tuesday in November
1960 following the first Monday and every 4 years thereafter. The term of
office shall commence on January Ist, following election. Vacancies in
office shall be filled by appointment of the Judge of the Circuit Court
having jurisdiction over the city. Justices of the Peace shall take the oath
prescribed by law and give bond in the penalty of one thousand dollars,
conditioned according to law to be approved by the said Judge with cor-
porate surety. He shall be a resident of the city during his term of office.
Nomination for the office of Justice of the Peace shall be the same as in
Chap. 3, Section 3.2.

He shall have authority to issue summonses in criminal cases and
criminal warrants, returnable before, and to be heard and determined by
the municipal judge or the substitute municipal judge and to bail persons
charged with misdemeanors or violations of the city ordinances. His com-
pensation shall be as determined by general law, and the same fees shall be
collected by the said justice of the peace as are allowed by this charter to
the municipal judge for issuing summonses in criminal cases, criminal
warrants, search warrants, and admitting persons to bail in misdemeanor
cases and for violations of the city ordinances, but in no case shall any of
such fees be taxed against, chargeable to or paid for by the said city. The
said justice of the peace shall be a conservator of the peace within the cor-
porate limits of the city of Colonial Heights, but shall have no other
authority, powers or jurisdiction except those provided for in this charter.

Justices of the peace in office at the effective date of this charter are
hereby continued in office for the terms for which they are elected, or until
January 1st, 1961, at which time all existing terms shall expire.

(b) Juvenile and Domestic Relations Court.

§ 19.12. Court and Jurisdiction.

There shall be a Juvenile and Domestic Relations Court in the City
of Colonial Heights as provided in Title 16.1 Chapter 8 of the Code of
Virginia of 1950 in force on November 1, 1959. The judge of the Juvenile
and Domestic Relations Court of said city shall be appointed by the judge
of the circuit court having jurisdiction of said city for a term of four
(4) years beginning January 1, 1961. The judge of the Juvenile and
Domestic Relations Court shall not practice before any court not of
record in the City of Colonial Heights.
CHAP. 20
MISCELLANEOUS PROVISIONS

§ 20.1. School District.

At such time as the city of Colonial Heights shall be proclaimed a city
of the first class, the city of Colonial Heights shall constitute a separate
school district effective on the 1st day of July following such proclamation.

§ 20.2. School Board.

The school board shall consist of five trustees who shall be qualified
voters of the city. The trustees in office at the effective date of this charter
are hereby continued in office for the term for which they were elected.

On the third Tuesday in June 1960, and every three years thereafter,
the council shall elect two trustees for a term of three years from the
first day of July following their election and on the third Tuesday in June
1961 and every three years thereafter the council shall elect two trustees
for a term of three years from the first day of July following their election.
On the third Tuesday in July 1962 and every three years thereafter, the
council shall elect one trustee for a term of 3 years from the first day of
July following his election. Within 30 days after the effective date of this
charter, the present city council shall elect one trustee to serve until June
30, 1961, or until his successor shall take office. Except as provided in this
charter the school board shall have all the powers and duties relating to
the management and control of the public schools of the city provided by
the general laws of the Commonwealth, including right of eminent domain
within and without the city. None of the provisions of this charter shall be
interpreted to refer to or include the school board unless the intention so to
do is expressly stated or is clearly apparent from the context.

The salary of school board trustees and clerk of the school board shall
be as determined by ordinance adopted by the city council.

In addition to the authority conferred upon the city by Chapter 7,
the school board may borrow from the Literary Fund of Virginia or from
such other sources as may be made available to it by general law.

§ 20.3. Transfer of Books and Papers.

If any person, having been an officer of the city, shall have vacated or
been removed from office, and shall fail or refuse to deliver over to his
successor in office, all the property, books and papers belonging to the city
or appertaining to such office, in his possession or under his control, he
shall forfeit and pay to the city the sum of five hundred dollars, to be sued
for and recovered with costs. All books, records and documents used in any
office, by virtue of any provision of this charter or of any ordinance or
order of the council or any superior officer of the city, shall be deemed the
property of the city and appertain to said office, and the chief officer
thereof shall be responsible therefor.

§ 20.4. Surety Bonds Required.

All officers elected or appointed under the provisions of this charter
shall, unless otherwise provided by general law or by this charter, execute
such bonds with such corporate surety as may be required by the general
law, or by this charter, and file the same with the City Clerk before enter-
ing upon the discharge of their duties. The city shall pay the premium
on such bonds.

§ 20.5. Rules and Regulations to be Filed.

All departments, boards, commissions, officers and agencies of the
city, authorized to make rules and regulations by this or any previous
charter of the city or by the general laws of the Commonwealth, shall
immediately after the first day of September, 1960, file with the city clerk,
copies of all such rules and regulations previously issued by them and in
force on such day, and shall thereafter file with said city clerk, copies of
all rules and regulations and amendments thereof subsequently issued by
them upon their issuance. It shall be the duty of the city clerk to keep in
his office for public inspection a well-indexed file of the rules and regula-
tions so filed.

§ 20.6. Officers Must Not Be Interested in Contracts. |

No officer or employee of the city shall be interested in any contract
entered into by the city with any person, firm or corporation, but this
prohibition shall not apply to nonsalaried officers or nonsalaried members
of boards and commissions in respect of contracts other than those in the
making of which they havea part. _

§ 20.7. Contractual Relationships.

The City of Colonial Heights may, at the option of the council, enter
into contractual relationships with the Commonwealth and/or its de-
partments, bureaus, boards and agencies, neighboring political subdivisions,
and private agencies for the performance of any part of, or all of the
functions, or purposes of the city, on such terms and for such periods as
the council may determine to be in the public interest, where such con-
tractual relations are not specifically prohibited by the Constitution and
general laws of the Commonwealth.

20.8. Reprinting of Charter after Amendment.

Within a reasonable time after the conclusion of any session of the
General Assembly and the effective date of any amendment or amendments
to this charter adopted at such session, the amendment or amendments shall
be printed in such number of copies as the council shall order.

§ 20.9. Officers to Hold Over Until Their Successors Are Appointed
and Qualified.

Whenever under the provisions of this charter, any officer of the city,
judge or member of any board or commission is elected or appointed for a
fixed term, except the mayor and vice-mayor, such officer, judge or member
shall continue to hold office until his successor is appointed and qualified.

§ 20.10. Courtroom for Municipal Judge and Office Space for Con-
stitutional Officers.

It shall be the duty of the city to provide a suitable courtroom for the
municipal judge of the city and suitable offices for the commissioner of
revenue, city treasurer, city sergeant, commonwealth attorney and city
attorney.

§ 20.11. Posting of Bonds Unnecessary.

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

20.12. Code References.
: snd references in this charter to the Code of Virginia are to the Code
0 .

§ 20.18. Definitions.

(a) As used in this charter, the term “at the effective date of this
charter” shall be interpreted to refer to a period immediately preceding
the taking effect thereof.

(b) As used in this charter in reference to voting by the council, the
term “elected members of the council” shall include those members, if any,
elected by the council.

(c) Wherever in this charter any department, bureau, division, of-
fice, agency or officer is empowered or directed to take any action or per-
form any duty or function, such action may be taken or duty or function
performed by the appropriate department, bureau, division, agency or
officer to whom the duty or function is transferred by or pursuant to
action of the council under §§ 4.2 (a), 4.2 (b), and 4.2 (c) or upon whom
it is conferred by § 21.5. ;

(d) The term “board” or “boards”, as used in this charter shall not
include the school board unless the school board is specifically named. The
term “member of the school board” shall have the same meaning as the
term “school trustee’, as used in the provisions of the Code of Virginia
which refer to the school boards of cities and towns.

(e) As used in this charter, the term “print” shall include any method
of reproducing or making multiple copies.

§ 20.14. United States Government Employees.

No person, otherwise eligible, shall be disqualified, by reason of his
accepting or holding an office, post, trust or emolument under the Gov-
ernment of the United States, from serving as an officer or employee of
the city, or as a member, officer, or employee of any board or commission,
including the school board.

§ 20.15. Oath of office and qualification.

Except as otherwise provided by general law or by this charter, all
officers elected or appointed under the provisions of this charter shall
take oath of office and execute such bond as may be required by general
law, by this charter, or by ordinance or resolution of the council, and file
the same with the City Clerk, before entering upon the discharge of their
duties, and if the requirements of this section have not been complied with
by an officer within thirty days after the term of office shall have begun
or after his appointment to fill a vacancy, then such office shall be con-
sidered vacant.

§ 20.16. Officers to administer oaths.

The Commissioner of the Revenue, City Clerk and City Treasurer,
shall have power to administer oaths and to take and sign affidavits in the
discharge of their respective official duties.

§ 20.17. Bond.

All officers elected or appointed under the provisions of this charter,
shall, unless otherwise provided by general law or by this charter, execute
such bonds, with such approved corporate security, as may be required
by general law, by this charter, or by ordinance or resolution of the coun-
cil, and file the same with the City Clerk before entering upon the dis-
charge of their duties. The city shall pay the premiums on such bonds.

§ 20.18. Place of holding Elections.

All elections shall be held at such place or places within the city as
the council by ordinance may prescribe.

20.19. Working Prisoners.

Subject to the general laws of the State regulating the working of
those convicted of offenses against the city, 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 any city prison or
jail, of all persons sentenced to confinement in the prison or jail for the
violation of the ordinances of the City of Colonial Heights.

§ 20.20. Penalty for Officers failing to perform duties.

If any officer of the City of Colonial Heights, whether he be elected
by vote of the people or by the council, or appointed by the council or the
City Manager, who shall fail or refuse to perform any of the duties re-

uired of him by this charter by ordinance or resolution of the city council,
shall be fined not less than five dollars nor more than one hundred dollars
for each offense, and he and his sureties on his official bonds shall be liable
for all damages which may accrue to the city or any other person by rea-
son of such failure or refusal.

§ 20.21. Powers of policemen.

For the purpose of enabling the city to execute its duties and powers,
each member of the police force and each policeman is hereby made and
constituted a conservator of the peace and endowed with all the power of a
constable in criminal cases and all other powers which under the laws of
the State of Virginia and of the city may be necessary to enable him to
discharge the duties of his office.

§ 20.22. 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, para-
graph, or part thereof directly involved in the controversy in which said
judgment shall have been rendered.

§ 20.23. General laws to apply.

The enumeration of particular powers and authority in this charter
shall not be deemed or held to be exclusive, but in addition to the powers
enumerated herein, implied hereby, or appropriate to the exercise thereof,
the city shall have and may exercise all other powers which are now or
may hereafter be possessed or enjoyed by cities under the Constitution
and general laws of this State.

§ 20.24. Board of Assessors.

There shall be a Board of Assessors consisting of three qualified voters
of the City who shall assess all real property in the City, as the council
may by ordinance provide. The members of the Board of Assessors shall
serve at the pleasure of the council. The duties and salary of the Board
of Assessors shall be as the council shall provide by ordinance not inconsis-
tent with the general laws of the Commonwealth, and other provisions of
this charter.

§ 20.25. Allowances and Expenses of Officers and Employees
Representing City.

The city council by resolution may provide for allowances and ex-
penses of officers and employees representing the city.

§ 20.26. Notwithstanding the provisions of § 21.8 of this Chapter,
upon the passage of this Act and until September 1, 1960, the powers and
the duties of the Mayor and the City Council, in addition to such powers
and duties set forth in this Charter, shall be as outlined in the charter
granted the city under the Acts of the General Assembly of 1950 and the
same are incorporated herein by reference.

CHAP. 21
TRANSITIONAL PROVISIONS

S 5 21.1. Present Ordinances and Rules and Regulations Continued
in ect.

All ordinances of the city and all rules, regulations and orders legally
made by any department, board, commission or officer of the city, in force
at the effective date of this charter, insofar as they or any portion thereof
are not inconsistent therewith, shall remain in force until amended or re-
pealed in accordance with the provisions of this charter.

§ 21.2. Validation and Ratification of Bonds, Taxes and Contracts.

All bonds issued and sold, all contracts and obligations heretofore
made by the council and government of the town and city, not inconsistent
with the Constitution and the law of the Commonwealth, all taxes assessed
and levied when the city was a town, and when the city was in transition
from the status of a town to that of a city of the second class and when the
city was a city of the second class, from March 10, 1950, to the effective
date of this charter, are hereby validated, ratified and confirmed; and all
proceedings authorizing the issuance of bonds, notes or other obligations
of the City of Colonial Heights heretofore had are hereby validated, rati-
fied and confirmed and shall not lapse or terminate or be otherwise affected
by reason of any of the provisions contained in this charter, and such
bonds, notes or other obligations may be authorized, sold or issued in
accordance with the provisions of law in force prior to the effective date
of this charter, or in accordance with the provisions of this charter.

§ 21.3. Present Mayor to Continue in Office Until the First Day of
September, 1960.

The mayor in office on the date of the passage of this charter, or his
successor, shall remain in office until the First day of September, 1960, at
which time his term of office, irrespective of the term for which he was
originally elected, shall terminate.

§ 21.4. Continuance of Internal Organization of Departments.

Except where this charter otherwise provides, the several bureaus,
divisions and other administrative units of the departments of police, fire,
public works, public health, public welfare and public utilities shall remain
in the department in which they were located at the effective date of this
charter until otherwise provided by ordinance, and present incumbents of
positions shall continue to serve until the council provides otherwise in
accordance with this charter.

§ 21.5. Acting City Manager.

Immediately upon passage of this charter, the city council shall con-
sider the appointment of a temporary or acting city manager, whose
powers and duties as contained in this charter shall not become effective
until September 1, 1960, and may take such other action and prepare and
adopt such ordinances as may be necessary or expedient to effectuate the
transition from the present form of government to that established by
this charter.

§ 21.6. Severance Clause.

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, order or decree shall not affect, impair, or invalidate the
remainder of said act, but shall be confined in its operation to the clause,
paragraph or part thereof directly involved in the controversy in which
said judgment, order or decree shall have been rendered.

§ 21.7. Transition Procedure.

Should the federal census of nineteen hundred and sixty or other
census provided by law, disclose that the City of Colonial Heights has a
population in excess of ten thousand inhabitants, then the judge of the
thirty-seventh circuit shall enter an order in the Circuit Court of Ches-
terfield County setting out such fact. A certified copy of such order shall
be transmitted by the Clerk of said Court to the Secretary of the Com-
monwealth, who shall file and preserve the same in the records of his office
and shall report to the Governor at once the fact that said city has a popu-
lation in excess of ten thousand, as disclosed by such census. The Governor
upon receiving such report, shall at once make proclamation of such fact,
and that said city is a city of the First Class, a copy of which proclamation
shall be certified to the Clerk of said Court who shall endorse thereon the
date when received and record the same in the common law order book of
said court.

After such proclamation has been recorded in the manner herein-
before provided, the County of Chesterfield and the City of Colonial
Heights shall constitute the Thirty-Seventh Circuit. There shall be held
three terms of the city Circuit Court in each year as follows: On the third
Monday in February, June and October. The first term of Court shall
commence at the next succeeding regular term of court following the rec-
ordation of said proclamation.

Transition of the City of Colonial Heights to a first class city shall
in no wise affect the existing form of City government as provided in this
charter nor the terms of existing offices or the composition of the single
chamber of council as herein provided.
The Clerk’s Office of the Circuit Court for said city may when author-
ized by the Judge of the Circuit Court for said City be closed on all days
which are made legal holidays under the provisions of § 2-19 of the Code
of Virginia of 1950, as amended; be closed on Saturday at twelve o’clock,
noon, and be closed on Saturday between June 1st and September 15th.

As soon as the proclamation of a first class city shall have been
recorded in the manner hereinbefore provided, the judge of the 37th
Judicial circuit shall pass an order entered in term time or vacation,
appointing a Circuit Court Clerk, a City Sergeant and a Commonwealth’s
Attorney for said city whose terms of office shall extend until the next
regular general election, for respective offices of Circuit Court Clerk, City
Sergeant or Commonwealth’s Attorney, as the case may be. The Clerk of
Circuit Court, City Sergeant and Commonwealth’s Attorney shall assume
their respective duties and take the oath of office prior to the first day of
the next succeeding term of Court, as provided for in this section. The
Commonwealth’s Attorney in addition to duties prescribed by law, shall
prosecute violations of city ordinances and when requested by the City
Attorney and not inconsistent with the duties incumbent upon Common-
wealth Attorneys of this state assist the City Attorney in the defense of any
action at law or in equity brought against the City. Prior to the assumption
of his duties for his appointive or elective term of office and each fiscal
year thereafter, the Council of the City may set the amount of compensa-
tion to be paid by the City to the Commonwealth’s Attorney for the per-
formance of the duties set forth in this charter, which compensation shall
be in addition to the salary provided by the State Compensation Board.
The Commonwealth Attorney in the absence of the City Attorney, may at
the request of the City Attorney and of the Council, be appointed acting
City Attorney.

§ 21.8. Repeal of Chapter 144 of the Acts of Assembly of 1950.

Chapter 144 of the Acts of Assembly of 1950 entitled ““An Act to pro-
vide a new charter for the City of Colonial Heights, Chesterfield County,
Virginia ...”, approved March 10, 1950, and all acts amendatory thereof
are hereby repealed.

§ 21.9. Citation of Act.

This act may for all purposes be referred to cited as the Colonial
Heights Charter of nineteen hundred and sixty.

2. An emergency exists, and this act is in force from passage.