CHAPTER 382

An Act to amend the Code of Virginia by adding, in Title 15, a new chapter
numbered 12.1, consisting of sections numbered 15-884.10 through
15-384.80, providing alternative forms of county management and
government, the procedure for adoption thereof, the effect on certain
municipalities within and adjoining any such county adopting the
same; to provide for district commissions and the management thereof,
the powers and duties of such commissions, the effect of adopting any
such form of government on the creation, enlargement or dissolution of
sanitary districts; to provide for other matters in connection with the
foregoing; and to repeal certain acts. 852)

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 15 thereof
a new chapter numbered 12.1, consisting of sections numbered 15-384.10
through 15-384.80, as follows:

CHAP. 12.1
Urban County Forms of Government
Article 1.
Effecting Change

§ 15-384.10. Any county in the State having a population of more
than ninety thousand may adopt one of the forms of urban county organi-
zation provided for in this chapter, by complying with the requirements
and procedure hereinafter specified. Provided that the provisions of this
chapter shall not apply to any county adjoining a city which has a popula-
tion of more than two hundred thousand, lying wholly within the State.

§ 15-384.11. Upon a petition filed with the circuit court of the county,
or the judge thereof in vacation, signed by ten per cent of the qualified
voters of such county or by at least three thousand qualified voters of the
county, asking that a referendum be held on the question of adopting
the form of county organization and government herein provided for, the
court or the judge thereof in vacation shall, by order entered of record,
require the regular election officials at the next general election or on the
day fixed in such order to open a poll and take the sense of the qualified
voters of the county on the questions submitted as herein provided. If a
special election is called it shall be held not more than ninety days nor less
than sixty days from the filing of the petition, but not within thirty days
of any general election. The clerk of the county shall cause a notice of
such election to be published in some newspaper published in or having a
general circulation in the county once a week for three consecutive weeks
and shall post a copy of such notice at the door of the courthouse of
the county.

A resolution may be passed by the board of supervisors of any such
county and filed with the court or the judge thereof in vacation asking for
a referendum, in which case the court or the judge shall proceed as in the
case of a petition.

The court or judge thereof shall act upon the petition or resolution
first filed in the clerk’s office.

§ 15-384.12. The regular election officers of such county at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county and conduct the election in such
manner as is provided by law for other elections, insofar as the same is
applicable. The election shall be by secret ballot and the ballots shall be
prepared by the electoral board and distributed to the various election
precincts as in other elections. The ballots used shall be printed to read
as follows:
Question one. Shall the county adopt the urban county form of
government and be empowered to assume the debts and acquire
the assets of all towns in the county in which the voters determine
to dissolve their town charters?
[] For
(] Against
Question two. In the event of such change, which form of
organization and government shall be adopted?
(0 Urban County Executive Form
(] Urban County Manager Form
Question three. In the event of such change, shall the service dis-
tricts be administered by elected district commissions?
[] For
Against |

If the petition or the resolution provided for in the preceding section
shall ask for a referendum on the question as to whether the county
shall adopt that form of county organization and government designated
herein as the urban county executive form, the ballot shall be printed to
read as follows:

Question one. Shall the county adopt the urban county executive
form of government and be empowered to assume the debts and
acquire the assets of all towns within the county in which the
voters determine to dissolve their town charters?

[] For

[(] Against
Question two. In the event of such change, shall the service dis-
tricts be administered by elected district commissions?

(] For

[1 Against

If the petition or the resolution shall ask for a referendum on the
question as to whether the county shall adopt that form of county or-
ganization and government designated herein as the urban county man-
ager form, the ballot shall be printed to read as follows:

Question one. Shall the county adopt the urban county manager
form of government and be empowered to assume the debts and
acquire the assets of all towns within the county in which the
voters determine to dissolve their town charters?

[] For

[] Against
Question two. In the event of such change, shall the service dis-
tricts be administered by elected district commissions?

[] For

(1) Against

Voting shall be in accordance with the provisions of § 24-141.

The ballots shall be counted, returns made and canvassed as in other
elections, and the results certified by the commissions of election to the
circuit court or judge thereof in vacation. If it shall appear by the report
of the commissioners of election that a majority of the qualified voters of
the county voting are in favor of changing the existing form of govern-
ment therein provided for, the circuit court, or the judge thereof in vaca-
tion, shall enter of record such fact and the additional facts as to the form
of county organization and government adopted, and whether a majority
of the qualified voters of the county voted in favor of service district com-
1Ssions. ‘

§ 15-384.13. From and after the date on which the officers first elected
under the provisions of the succeeding section shall take office, the form of
organization and government of such county shall be in accordance with
the form of organization and government adopted by the voters thereof
and as hereinafter provided.

§ 15-384.14. When any form of county organization and government
provided for herein shall have been adopted by any county and the district-
ing provided for in § 15-384.74 shall have been completed, then the mem-
bers of the urban county board of supervisors thereof shall be elected at
the next succeeding regular November election; their term of office shall
commence on the first day of January thereafter. Until the supervisors
so elected, or a majority of them, shall have qualified and taken office, the
supervisors in office shall continue to serve.

§ 15-384.15. All other county and district officers of such county shall
continue to hold office until their successors are elected or appointed and
shall have qualified; but the term of office of any person who holds an
office abolished by the form of organization and government adopted shall
terminate as soon as his powers and duties shall have been transferred
to some other officer or employee, or done away with.

If any county which adopts one of the forms of organization and
government provided by this chapter and which has heretofore been with-
out some officer, board, agency, or function provided for in the Constitu-
tion, the fact that such county adopts one of the forms of organization and
government provided for in this chapter shall not thereby establish in
such county such officer, board, agency, or function unless the same be
specifically created or provided for in this chapter.

Except where inconsistent with this chapter, all provisions of law re-
lating to boards of supervisors or governing bodies of counties shall refer
to the urban county board of supervisors, to the end that the term “urban
county board of supervisors” shall be synonymous with and equivalent
to the board of supervisors referred to in the Constitution of Virginia in-
sofar as the powers, duties and functions of such boards are used in the
Constitution and in general law. The provisions of this chapter as to the
form of organization and government and the powers of the governing
body thereof shall, as to any county adopting any of the forms of govern-
ment herein provided, be controlling within such county.

Hereafter in this chapter the terms “county board of supervisors” or
“board of supervisors”, if used, shall mean the urban county board of
supervisors.

Article 2.

Urban County Executive Form.

§ 15-384.16. The form of county organization and government pro-
vided for in this Article, shall be known and designated as the urban
county executive form.

§ 15-384.17. The powers of the county as a body politic and corpo-
rate shall be vested in an urban county board of supervisors, to consist
of one member from each district of such county. Each member shall
be a qualified voter of his district and shall be elected by the qualified
voters thereof.

The supervisors first elected under the provisions of this chapter
shall hold office until the first day of January following the next regular
election provided by general law for the election of supervisors. At such
election their successors shall be elected for terms of four years each.

In the event that the number of districts in any such county shall be
increased by redistricting or otherwise subsequent to a general election
for supervisors under such form of government, and such supervisors
shall have taken office, then, in such event, the urban county board of
supervisors shall adopt a resolution requesting a judge of the circuit court
of such county to call a special election for an additional supervisor or
supervisors in accordance with the increase in the number of districts,
such additional supervisor or supervisors to be elected, however, at large,
and such election shall be held within forty-five days from the date of
such request. The qualifications of candidates and the election shall be as
at general law applying to special elections. Any supervisor or super-
visors thereby elected shall hold office until the first day of January
following the next regular election provided by general law for the
election of members of the board of supervisors, and at the next regular
election all supervisors of any such county shall be elected from districts
as provided by law.

Any vacancy on the urban county board of supervisors shall be
filled by the judge of the circuit court of the county; his appointee shall
hold office during the remainder of the term of his predecessor in office.

§ 15-384.18. The urban county board of supervisors shall be the
policy determining body of the county and shall be vested with all rights
and powers conferred on boards of supervisors by general law, not in-
consistent with the form of county organization and government herein
provided.

The urban county board of supervisors shall be the governing body
of the urban county and of each of the districts established under Article
6 of this chapter for the provision of certain services to residents of such

istricts.

§ 15-884.19. The urban county board of supervisors shall appoint an
urban county executive and fix his compensation. He shall devote his
full time to the work of the county. He shall be appointed with regard to
merit only, and need not be a resident of the county at the time of his
appointment. No member of the urban county board of supervisors shall,
during the time for which he has been elected, be chosen urban county
executive, nor shall such powers be given to a person who at the same
time is filling an elective office. The head of one of the departments of
the county government may, however, also be appointed urban county
executive.

§ 15-384.20. The urban county executive shall not be appointed for
a definite tenure, but shall be removable at the pleasure of the urban
county board of supervisors. In case the urban county board of super-
visors determines to remove the urban county executive, he shall be given,
if he so demands, a written statement of the reasons alleged for the pro-
posed removal and the right to a hearing thereon at a public meeting of
the urban county board of supervisors prior to the date on which his
final removal shall take effect, but pending and during such hearing the
urban county board of supervisors may suspend him from office, pro-
vided that the period of suspension shall be limited to thirty days. The
action of the urban county board of supervisors in suspending or re-
moving the urban county executive shall not be subject to review by any
court.

§ 15-384.21. In case of the absence or disability of the urban county
executive, the urban county board of supervisors may designate some
responsible person to perform the duties of the office.

§ 15-384.22. The urban county board of supervisors shall appoint,
upon the recommendation of the urban county executive, all officers and
employees in the administration service of the county, except as the urban
county board of supervisors may authorize the head of a department or
office to appoint subordinates in such department or office; provided,
however, in appointing the county school board no recommendation by
the urban county executive shall be required. All appointments shall be
on the basis of ability, training and experience of the appointees which
fit them for the work which they are to perform.

The county clerk, the attorney for the Commonwealth and the sheriff
shall be selected in the manner and for the terms, and vacancies in such
offices shall be filled, as provided by general law.

§ 15-384.23. All such appointments shall be without definite term,
unless for temporary services not to exceed sixty days except as other-
wise provided as to the urban county executive.

Any officer or employee of the county appointed pursuant to the
foregoing section may be suspended or removed from office or employment
either by the urban county board of supervisors or the officer by whom he
was appointed or employed. In case of the absence or disability of any
such officer, the urban county board of supervisors or other appointing
power may designate some responsible person to perform the duties of
the office.

§ 15.384.24. The urban county board of supervisors shall, subject
to such limitations as may be made by general law, fix the compensation
of all officers and employees of the county, except as it may authorize
the head of some department or office to fix the compensation of sub-
ordinates and employees in such department or office.

§ 15-384.25. The urban county executive, the attorney for the Com-
monwealth, the sheriff and the directors or heads of all departments of
the county shall be entitled to be present at all meetings of the urban
county board of supervisors. The urban county executive shall have the
right to take part in all discussions and to present his views on all mat-
ters coming before the urban county board of supervisors; the attorney
for the Commonwealth, the sheriff and the directors or heads of the de-
partments shall be entitled to present their views on matters relating to
their respective departments.

§ 15-384.26. The urban county executive shall be the administrative
head of the county. He shall attend all meetings of the urban county
board of supervisors and recommend such action as he may deem expedi-
ent. He shall be responsible to the urban county board of supervisors for
the proper administration of all the affairs of the county which the urban
county board of supervisors has authority to control.

He shall also:

(1) Make monthly reports to the urban county board of supervisors
in regard to matters of administration, and keep the urban county board
of supervisors fully advised as to the financial condition of the county.

(2) Submit to the urban county board of supervisors a proposed
annual budget, with his recommendations, and shall execute the budget
as finally adopted.

(3) Execute and enforce all resolutions and orders of the urban
county board of supervisors and shall see that all laws of the State re-
quired to be enforced through the urban county board of supervisors or
some other county officer subject to the control of the urban county board
of supervisors are faithfully executed.

(4) Examine regularly the books and papers of every officer and
department of the county and report to the urban county board of super-
visors the condition in which he finds them.

(5) Perform such other duties as may be required of him by the
urban county board of supervisors.

§ 15-384.27. The urban county executive may, if required by the
urban county board of supervisors, act as the director or head of any
department or departments, the directors or heads of which are appointed
by the urban county board of supervisors, provided he is otherwise eligible
to head such department or departments.

§ 15-384.28. When this form of county organization and government
shall be adopted the following officers shall, when the form of organi-
zation and government becomes operative, be abolished, the powers and
duties of such officers transferred as herein provided, and the terms of
office of such officers expire as provided in § 15-384.15.

(1) County surveyor; his powers shall be exercised and his duties
performed by the director of public works, or such person as the urban
county board of supervisors may otherwise designate.

(2) Superintendent of the poor; his powers shall be exercised and his
duties performed by the superintendent of public welfare.

(3) The school trustee electoral board.

(4) The inheritance tax commissioner.

Article 3.

Urban County Manager Form.

§ 15-384.29. The form of county organization and government pro-
vided for in this Article shall be known and designated as the urban county
manager form.

§ 15-384.30. The powers of the county as a body politic and cor-
porate shall be vested in an urban county board of supervisors, to consist
of not less than five nor more than eleven members to be elected by the
qualified voters of the county. There shall be on the urban county board of
supervisors for each district one member, and no more, who shall be a
qualified voter of such district.

The members of the board first elected under the provisions of this
chapter shall hold office until the first day of January following the next
regular election provided by general law for the election of boards of
supervisors. At such election their successors shall be elected for terms
of four years each.

Any vacancy on the urban county board of supervisors shall be filled
by the judge of the circuit court of the county; his appointee shall hold
office during the remainder of the term of his predecessor in office.

§ 15-384.31. The urban county board of supervisors shall be the
policy determining body of the county and shall be vested with all rights
and powers conferred on boards of supervisors by general law, not incon-
sistent with the form of county organization and government herein
provided.

The urban county board of supervisors shall be the governing body
of the urban county and of each of the districts established under the
terms of this chapter for the provision of certain services to residents of
such districts.

§ 15-384.32. The urban county board of supervisors shall appoint an
urban county manager and fix his compensation. He shall be the adminis-
trative head of the county government and shall devote his full time to
the work of the county. He shall be appointed with regard to merit only,
and need not be a resident of the county at the time of his appointment.
No member of the urban county board of supervisors shall, during the
time for which he has been elected, be chosen urban county manager, nor
shall the managerial powers be given to a person who at the same time is
filling an elective office.

§ 15-384.33. The urban county manager shall not be appointed for
a definite tenure, but shall be removable at the pleasure of the urban county
board of supervisors. In case the urban county board of supervisors deter-
mines to remove the urban county manager, he shall be given, if he so
demands, a written statement of the reasons alleged for the proposed
removal and the right to a hearing thereon at a public meeting of the urban
county board of supervisors prior to the date on which his final removal
shall take effect, but pending and during such hearing the urban county
board of supervisors may suspend him from office, provided that the period
of suspension shall be limited to thirty days. The action of the urban
county board of supervisors in suspending or removing the urban county
manager shall not be subject to review by any court.

§ 15-384.34. In case of the absence or disability of the manager, the
urban county board of supervisors may designate some responsible person
to perform the duties of the office.

§ 15-384.35. The urban county manager shall be responsible to the
urban county board of supervisors for the proper administration of all the
affairs of the county which the urban county board of supervisors has
authority to control. To that end he shall appoint all officers and employees
in the administrative service of the county, except as otherwise provided
in this form of county organization and government, and except as he may
authorize the head of a department or office responsible to him to appoint
subordinates in such department or office. All appointments shall be on
the basis of ability, training and experience of the appointees which fit
them for the work which they are to perform.

§ 15-384.36. All such appointments shall be without definite term,
unless for temporary service not to exceed sixty days. Any officer or em-
ployee of the county appointed by the manager or upon his authorization,
may be laid off, suspended or removed from office or employment either
by the manager or by the officer by whom he was appointed.

§ 15-384.387. The manager, the attorney for the Commonwealth, the
sheriff and the directors or heads of all departments of the county shall
be entitled to be present at all meetings of the urban county board of
supervisors. The manager shall have the right to take part in all dis-
cussions and to present his views on all matters coming before the urban
county board of supervisors; the attorney for the Commonwealth, the
sheriff and the directors or heads of the departments shall be entitled to
present their views on matters relating to their respective departments.

15-384.38. As the administrative head of the county government
for the urban county board of supervisors, the manager shall supervise
the collection of all revenues, guard adequately all expenditures, secure
proper accounting for all funds, look after the physical property of the
county, exercise general supervision over all county institutions and
agencies, and, with the approval of the urban county board of supervisors,
coordinate the various activities of the county and unify the management
of its affairs.

He shall also:

(1) Execute and enforce all resolutions and orders of the urban
county board of supervisors and see that all laws of the State required to
be enforced through the urban county board of supervisors or other county
officers subject to the control of the urban county board of supervisors are
faithfully executed.

(2) Attend all meetings of the urban county board of supervisors and
recommend such action as he may deem expedient.

(3) Subject to such limitations as may be made by general law, fix,
with the approval of the urban county board of supervisors, the compensa-
tion of all officers and employees whom he or a subordinate may appoint
or employ.

(4) Submit to the urban county board of supervisors each year a
proposed annual budget, with his recommendations and execute the budget
as finally adopted.
(5) Make regular monthly reports to the urban county board of
supervisors in regard to matters of administration and keep the urban
county board of supervisors fully advised as to the financial condition of
the county.

(6) Examine regularly the books and papers of every officer and
department of the county and report to the urban county board of super-
visors the condition in which he finds them. He may order an audit of any
office at any time.

(7) Perform such other duties as may be imposed upon him by the
urban county board of supervisors.

§ 15-384.39. The urban county manager shall be responsible to the
urban county board of supervisors for the administration of the following
activities:

(1) The assessment of property for taxation and the preparation of
the taxbooks;

(2) The collection of taxes, license fees, and other revenues of the

county ;

(3) The custody of and accounting for all public funds belonging to
the county;

Me The purchase of supplies, materials and equipment for the
county ;

(5) The care of all county buildings;

(6) The care and custody of all personal property of the county;

(7) The care of the poor, the operation of county charitable and cor-
rectional institutions and the other welfare activities;

(8) Public health work and the operation of county hospitals;

(9) Such other activities of the county as are not specifically assigned
to some other officer or agency by this form of county organization and
government or by other law.

§ 15-384.40. The county clerk, the attorney for the Commonwealth
and the sheriff shall be selected in the manner and for the terms, and
vacancies in such offices shall be filled, as provided by general law.

The directors or heads of all other departments of the county shall be
appointed by the urban county manager. The urban county manager may,
with the consent of the urban county board of supervisors, act as the
director or head of one or more departments of the county, provided he is
otherwise eligible to head such department or departments and, in the case
of those officers whose appointments must be approved, his appointment
is likewise approved.

In case of the absence or disability of any officer, other than the at-
torney for the Commonwealth, the county clerk and the sheriff, which
offices shall be filled as prescribed by general law, the urban county man-
ager or other appointing power may designate some responsible person
to perform the duties of the office.

§ 15-384.41. When this form of county organization and government
shall be adopted the following officers shall, when the form of organization
and government becomes operative, be abolished, the powers and duties of
such officers transferred as herein provided, and the terms of office of such
officers expire as provided in this chapter.

(1) County surveyor; his powers shall be exercised and his duties
performed by the director of public works, or such person as the urban
county board of supervisors may otherwise designate.

(2) Superintendent of the poor; his powers shall be exercised and his
duties performed by the superintendent of public welfare.

(3) The school trustee electoral board.

(4) The inheritance tax commissioner.
§ 15-384.42. The provisions of this article shall be applicable to each
of the two forms of county organization and government provided for in
Articles 2 and 3 of this chapter.

§ 15-384.43. The following officers shall not, except as herein other-
wise provided, be affected by the adoption of either the urban county
executive form or the urban county manager form:

(1) Jury commissioners,

(2) Notaries public,

(3) County electoral boards,

(4) Registrars,

(5) Judges and clerks of elections, and

(6) Justices of the peace; provided, however, that in any county
which adopts either the urban county executive form or the urban county
manager form there shall be appointed or elected in the manner provided
by law not to exceed such number of justices of the peace in each district as
the urban county board of supervisors certifies by resolution are necessary
to serve the public; in each district the judge of the circuit court of the
county shall appoint one or more such justices, who shall hold office until
his successor shall be elected or appointed and qualified; the terms of the
present justices of the peace in each district shall expire when the ap-
pointee takes office.

§ 15-384.44. Other provisions of law in conflict with any form of
county organization and government adopted by any county pursuant
to this chapter shall not apply to the county.

§ 15-384.45. (a) Any county which adopts either form of organization
and government provided for by this chapter may change to the other form
of organization and government therein provided for, or change back to
the form of county organization and government provided for by Title 15,
Chapter 11 of the 1950 Code of Virginia as amended, or change back to the
form of county organization and government provided for by Article VII of
the Constitution and the general law of the State. The procedure for
initiating, conducting and determining the results of a referendum thereon,
shall be the same, in so far as applicable, as that herein provided in Article
1 of this chapter provided that the question or questions to be submitted to
the voters shall be contained in the resolution adopted by the urban county
board of supervisors or in the petition filed with the court and which
question or questions shall be on the adoption of one of the forms of county
organization and government named in paragraph (b) and set forth in the
questions hereinafter provided for in paragraphs (c) and (qd).

(b) Forms of county organization and government which may be
adopted:

Urban County Manager form (or

Urban County Executive form as the case may be)

The County Executive Form

The County Manager Form

The Form of County Organization and Government provided for by

Article VII of the Constitution of Virginia

(c) The ballot shall be printed to read as follows:

Question. Shall the county adopt (here insert name of form proposed
in petition or resolution and which form is set forth in paragraph (b)
hereof) ?

[| For

(] Against

(d) In the event that the form of county organization and govern-
ment sought to be adopted be either of the forms designated as the Urban
County Manager form or the Urban County Executive form, the ballot
shall also contain the following additional question:

Question two. In the event of such change, shall the service districts
be administered by elected district commissions?

[] For

[(] Against

§ 15-384.46. If in accordance with the foregoing section the form
of the county organization and government be changed from the urban
county executive form to the urban county manager form, all officers and
employees of the county shall be thereafter selected as provided in the urban
county manager form; the persons holding office under the urban county
executive form shall continue to hold office until their successors have been
selected and qualified; the members of the urban county board of super-
visors, the county clerk, the sheriff, and the attorney for the Common-
wealth shall continue to hold office under the urban county manager form
until the expiration of their terms and until their successors have been elec-
ted and qualified.

This change shall become effective as soon as the judge shall enter of
record the results of the election provided for in the preceding section.

§ 15-384.47. If in accordance with § 15-384.45 the form of county
organization and government be changed from the urban county manager
form to the urban county executive form, all officers and employees of the
county shall be thereafter selected as provided in the urban county execu-
tive form; those persons holding office under the urban county manager
form shall continue to hold office until their successors have been selected
and qualified; the members of the urban county board of supervisors, the
county clerk, the sheriff and the attorney for the Commonwealth shall
continue to hold office under the urban county executive form until the
expiration of their terms and until their successors have been elected and
qualified.

This change shall become effective as soon as the judge shall enter of
record the results of the election provided for in § 15-384.45.

§ 15-384.47:1. If, in accordance with the provisions of § 15-384.45, the
form of county organization and government be changed from any other
form to that form of county organization and government provided for by
Article VII of the Constitution and the provisions of general law enacted
pursuant thereto, all officers of the county and the district whose election
is provided for by Article VII of the Constitution and the general law shall
be elected at the next succeeding regular November election, held at least
sixty days after such change shall have been voted upon; all appointive
officers shall be appointed by the appointing powers provided for by general
law; the terms of the officers so elected or appointed shall begin on the
first day of January next succeeding, at which time the change of county
organization and government shall become effective, and such officers shall
hold office until their successors have been elected at the next regular
election provided for such officers or have been appointed, as provided by
general law, and have qualified.

§ 15-884.48. If any election has been or is held in any county to deter-
mine whether such county shall adopt either of the two forms of county
organization and government provided for in Articles 2 and 3 of this chap-
ter, or if any election has been or is held in any county which has adopted
either of such optional forms of county organization and government to
determine whether such county shall change to any other optional form of
county organization and government or to determine whether such county
shall change back to the other form of county organization and govern-
ment provided for by Article VII of the Constitution and the other pro-
visions of general law of the State, no further election of the nature referred
to in this section shall be held in the county within three years thereafter.

§ 15-384.49. The urban county board of supervisors shall have full
power to inquire into the official conduct of any office or officer under its
control, and to investigate the accounts, receipts, disbursements and ex-
penses of any county or district officer ; for these purposes it may subpoena
witnesses, administer oaths and require the production of books, papers and
other evidence; and in case any witness fails or refuses to obey any such
lawful order of the urban county board of supervisors, he shall be deemed
guilty of a misdemeanor.

§ 15-384.50. The urban county board of supervisors shall, as soon as
the members thereof are elected and take office, provide for the perform-
ance of all the governmental functions of the county and to that end shall
provide for and set up all departments of government that shall be neces-
sary, not inconsistent with the provisions of the form of county organiza-
tion and government herein provided.

§ 15-384.51. Whenever it is not designated herein what officer or
employee of the county shall exercise any power or perform any duty con-
ferred upon or required of the county, or any officer thereof, by general law,
then any such power shall be exercised or duty performed by that officer or
employee of the county so designated by ordinance or resolution of the
urban county board of supervisors.

§ 15-384.52. The activities or functions of the county shall, with the
exceptions herein provided, be distributed among the following general
divisions or departments:

(1) Department of finance.

(2) Department of public works.

(3) Department of public welfare.

(4) Department of law enforcement.

(5) Department of education.

(6) Department of records.

(7) Department of health.

The urban county board of supervisors may establish any of the fol-
lowing additional departments and such other departments as it deems
necessary to the proper conduct of the business of the county:

(1) Department of assessments.

(2) Department of farm and home demonstration.

(3) Department of public safety.

(4) Department of public utilities.

Any activity which is unassigned by this form of county organization
and government shall, upon recommendation of the urban county manager
or executive, be assigned by the urban county board of supervisors to the
appropriate department. The urban county board of supervisors may,
upon recommendations of the urban county manager or executive, reassign,
transfer or combine any county functions, activities or departments.

§ 15-384.53. (a) Director: general duties.—The director of finance
shall be the head of the department of finance and as such have charge of
the administration of the financial affairs of the county, including the
budget; the assessment of property for taxation; the collection of taxes,
license fees and other revenues; the custody of all public funds belonging
to or handled by the county ; supervision of the expenditures of the county
and its subdivisions; the disbursement of county funds; the purchase,
storage and distribution of all supplies, materials, equipment and contrac-
tual service needed by any department, office or other using agency of the
county unless some other officer or employee is designated for this purpose;
the keeping and supervision of al] accounts; and such other duties as the
urban county board of supervisors may by ordinance or resolution require.
The urban county board of supervisors may assign the budget function
to the urban county manager or executive, or a budget officer.

(b) Expenditures and accounts.——No money shall be drawn from the
treasury of the county, nor shall any obligation for the expenditure of
money be incurred, except in pursuance of the annual appropriation
ordinance, or legally enacted supplement thereto, or subsequent resolution
passed by the urban county board of supervisors. Accounts shall be kept
for each item of appropriation made by the urban county board of super-
visors. Each such account shall show in detail the appropriation made
thereto, the amount drawn thereon, the unpaid obligations charged against
it, and the unencumbered balance in the appropriation account, properly
chargeable, sufficient to meet the obligation entailed by contract, agreement
or order.

(c) Powers of commissioners of revenue.—The director of finance
shall exercise all the powers conferred and perform all the duties imposed
by general law upon commissioners of the revenue, not inconsistent here-
with, and shall be subject to the obligations and penalties imposed by
general law.

(d) (1) Real estate reassessments.—Every general reassessment of
real estate in the county, unless some other person be designated for this
purpose, shall be made by the director of finance; he shall collect and keep
in his office data and devise methods and procedure to be followed in each
such general reassessment that will make for uniformity in assessments
throughout the county.

(2) In addition to any other method provided by general law or by
this article the director of finance may provide for the annual assessment
and equalization of real estate and any general reassessment ordered by
the urban county board of supervisors. The director of finance or his
designated agent shall collect data, provide maps and charts, devise methods
and procedures to be followed for such assessment that will make for
uniformity in assessments throughout the county.

All real estate shall be assessed as of January first of each year by the
director of finance or such other person designated to make such assessment
and such annual assessment shall provide for the equalization of assess-
ments of real estate, correction of errors in tax assessment records, addi-
tion of erroneously omitted properties to the tax rolls, and the removal of
properties acquired by owners not subject to taxation.

This section shall not apply to real estate assessable under the law by
the State Corporation Commission.

Any reassessments made, which shall change the assessment of real
estate, shall not be extended for taxation until after there is mailed a
written notice to the person in whose name such property is to be assessed
at his last known address, setting forth the amount of the new assessment.

(e) Powers of county treasurer; deposit of moneys.—The director
of finance shall also exercise all the powers conferred and perform all the
duties imposed by general law upon county treasurers, and shall be subject
to all the obligations and penalties imposed by general law. All moneys
received by any officer or employee of the county for or in connection with
the business of the county shall be paid promptly into the hands of the
director of finance; all such money shall be promptly deposited by the
director of finance to the credit of the county in such banks or trust com-
panies as shall be selected by the urban county board of supervisors. No
money shall be disbursed or paid out by the county except upon check signed
by the chairman of the urban county board of supervisors, or such other
person as may be designated by the urban county board of supervisors, and
countersigned by the director of the department of finance.

The urban county board of supervisors may designate one or more
banks or trust companies as a receiving or collecting agency or agencies
under the direction of the department of finance. All funds so collected
or received shall be deposited to the credit of the county in such banks or
trust companies as shall be selected by the urban county board of super-
visors.

Every bank or trust company serving as a depository or as a receiving
or collecting agency for county funds shall be required by the urban
county board of supervisors to give adequate security therefor, and to
meet such requirement as to interest thereon as the urban county board of
supervisors may by ordinance or resolution establish. All interest on
money so deposited shall accrue to the benefit of the county.

(f) Claims against counties; accounts.—The director of finance shall
audit all claims against the county for goods or services; it shall also be his
duty to ascertain that such claims are in accordance with the purchase
orders or contracts of employment from which same arise; to present such
claims to the urban county board of supervisors for approval after such
audit; to draw all checks in settlement of such claims after approval by the
urban county board of supervisors unless the said urban county board of
supervisors otherwise provides; to keep a record of the revenues and ex-
penditures of the county ; to keep such accounts and records of the affairs
of the county as shall be prescribed by the Auditor of Public Accounts;
and at the end of each month to prepare and submit to the urban county
board of supervisors statements showing the progress and status of the
affairs of the county in such form as shall be agreed upon by the Auditor
of Public Accounts and the urban county board of supervisors.

(zg) Director as purchasing agent.—The director of finance shall act
as purchasing agent for the county, unless the urban county board of
supervisors shall designate some other officer or employee for such purpose.
The director of finance or the person designated as purchasing agent shall
make all purchases, subject to such exceptions as may be allowed by the
urban county board of supervisors, for the county in such manner as may
be provided by resolution of the urban county board of supervisors. He
shall have authority to make transfers of supplies, materials or equipment
between departments and offices, to sell any surplus supplies, materials or
equipment and to make such other sales as may be authorized by the urban
county board of supervisors. He shall also have power, with the approval of
the urban county board of supervisors, to establish suitable specifications
or standards for all supplies, materials and equipment to be purchased for
the county and to inspect all deliveries to determine their compliance with
such specifications and standards. He shall further have the power, with
the approval of the urban county board of supervisors, to sell supplies,
materials, and equipment to volunteer rescue squads and firefighting com-
panies at the same cost as the cost of such supplies, materials and equip-
ment to the county. He shall have charge of such storerooms and ware-
houses of the county as the urban county board of supervisors may provide.

All purchases and sales shall be made under such rules and regula-
tions as the urban county board of supervisors may by ordinance or resolu-
tion establish. Subject to such exceptions as the urban county board of
supervisors may provide, he shall before making any purchase or sale in-
vite competitive bidding under such rules and regulations as the urban
county board of supervisors may by ordinance or resolution establish.
He shall not furnish any supplies, materials, equipment, or contractual
services to any department or office except upon receipt of a properly
approved requisition and unless there be an unencumbered appropriation
balance sufficient to pay for the same.

(h) Other duties.—He shall perform such other duties as may be
imposed upon him by the urban county board of supervisors.
(i) Asststants.—The director may have such deputies or assistants in
the performance of his duties as may be allowed by the urban county board
of supervisors.

(j) Approval of chief assessing officer.—Before the appointment of
the chief assessing officer of the county (whether he be the director of
finance, a deputy or supervisor of assessments in the department of finance,
or the head of the department of assessments) shall become effective, it
shall be approved by the State Tax Commissioner and such officer shall be
subject to the obligations and penalties imposed by general law upon com-
missioners of the revenue.

§ 15-384.54. The director of public works shall be head of the depart-
ment of public works. He shall have charge of the construction and mainte-
nance of county drains and all other public works and construction and
care of public buildings, storerooms and warehouses. He shall have the
custody of such equipment and supplies as the urban county board of
supervisors may authorize. He shall exercise all the powers conferred,
and shall perform such duties as may be imposed, upon him by the urban
county board of supervisors.

§ 15-384.55. The superintendent of public welfare, who shall be head
of the department of public welfare, shall be chosen from a list of eligibles
furnished by the State Department of Welfare and Institutions. He shall
exercise all the powers conferred and perform all the duties imposed by
general law upon the county board of public welfare, not inconsistent
herewith. He shall also perform such other duties as may be imposed upon
him by the urban county board of supervisors.

The urban county board of supervisors shall select five qualified citizens
of the county, one of whom may be a member of the urban county board
of supervisors, who shall constitute the county board of public welfare.
Such board shall advise and cooperate with the department of public wel-
fare and shall have power to adopt necessary rules and regulations not in
conflict with law concerning such department.

§ 15-384.56. The department of law enforcement shall consist of an
attorney for the Commonwealth and a sheriff, together with their assist-
ants, deputies and employees, and any county police unless a department
of public safety exists or is created.

The attorney for the Commonwealth shall exercise all the powers
conferred and perform all the duties imposed upon such officer by general
law and shall be accountable to the urban county board of supervisors in
all matters affecting the county and shall perform such duties, not incon-
sistent with his office, as the urban county board of supervisors shall direct.
He shall be selected as provided by general law.

The department of law enforcement may also include a county attorney
to be appointed annually by the urban county board of supervisors and who
shall serve at an annual salary to be set by said board. In the event of the
appointment of such county attorney, the Commonwealth’s attorney shall
be relieved of the duties of advising the board of supervisors, of drafting or
preparing county ordinances and of defending or bringing civil actions in
which the county or any of its officials shall be a party, and all such
duties shall be performed by the county attorney and he shall be account-
able to the urban county board of supervisors in all such matters.

The sheriff shall exercise all the powers conferred and perform all the
duties imposed upon sheriffs by general law. He shall have the custody,
feeding and care of all prisoners confined in the county jail. He shall per-
form such other duties as may be imposed upon him by the urban county
board of supervisors. The sheriff shall be selected as provided by general
law. The sheriff and such other deputies and assistants appointed here-
under shall receive such compensation as the urban county board of sup-
ervisors may prescribe. Any policeman appointed by the urban county
manager or executive or the board of supervisors shall be under the
supervision and control of the urban county board of supervisors unless
such supervision and control be conferred upon the urban county manager
or executive and such policeman shall have such powers as special police-
men as may be provided for by general law.

§ 15-384.57. The department of education shall consist of the county
school board, the division superintendent of schools and the officers and
employees thereof. Except as herein otherwise provided, the county
school board and the division superintendent of schools shall exercise all the
powers conferred and perform all the duties imposed upon them by general
law. In addition the parks and playgrounds shall be under the super-
vision and control of the department of education unless otherwise provided
by the urban county board of supervisors. The county school board shall be
composed of not less than five nor more than eleven trustees, who shall be
chosen by the urban county board of supervisors to serve at the pleasure of
the urban county board of supervisors. The exact number of trustees
shall be determined by the urban county board of supervisors.

The chairman of the county school board shall for the purpose of
appearing before the urban county board of supervisors under the pro-
visions of § 15-384.37 be considered head of this department, unless some
other person in the department shall be designated by the school board for
such purpose.

§ 15-384.58. The department of records shall be under the super-
vision and control of the county clerk. He shall be clerk of the circuit court
of the county, and if designated by the urban county board of supervisors
clerk of the county court, and clerk of the urban county board of super-
visors unless the urban county board of supervisors shall designate
some other person for this latter purpose. He shall exercise all the powers
conferred and perform all the duties imposed upon such officers by general
law and shall be subject to the obligations and penalties imposed by general
law. He shall also perform such other duties as may be imposed upon him
by the urban county board of supervisors.

§ 15-384.59. The department of health shall consist of the county
health officer, who shall be chosen from a list of eligibles furnished by the
State Board of Health, and who shall be head thereof, and the other officers
and employees of such department. The head of such department shall
exercise all the powers conferred and shall perform all the duties imposed
upon the local health officer and the local board of health by general law,
not inconsistent herewith. He shall also perform such other duties as may
be imposed upon him by the urban county board of supervisors.

The urban county board of supervisors may select two qualified
citizens of the county, who, together with the county health officer, shall
constitute the county board of health. Such board shall advise and co-
operate with the department of health and shall have power to adopt
rules and regulations, not in conflict with law, concerning the department.
The board may at any time be abolished by the urban county board of
supervisors.

§ 15-384.60. The department of assessments, if and when established,
shall be headed by a commissioner of the revenue or supervisor of assess-
ments, who shall exercise all the powers conferred and perform all the
duties imposed by paragraphs (c) and (d) of § 15-384.53 upon the di-
rector of finance.

In addition to the powers and duties herein above conferred, the
governing body of any county which has provided for a department of
assessments headed by a supervisor of assessments may, in lieu of the
method now prescribed by law, provide for the annual assessment and
equalization of assessments of real estate by such department. All real
estate shall thereafter be assessed as of January first of each year. Any
person aggrieved by any such assessment may apply for relief to the
circuit court of the county as provided by law. The provisions of this
section shall not, however, apply to any real estate assessable under the
law by the State Corporation Commission.

§ 15-384.61. The department of farm and home demonstration shall
consist of the county agricultural agent, who shall be head of the de-
partment, a home demonstration agent and such assistants and employees
as may be appointed or employed. The county agricultural agent and the
home demonstration agent shall be selected from a list or lists of eligibles
submitted by the Virginia Polytechnic Institute. They shall perform such
duties as may be imposed upon them by the urban county board of super-
visors.

§ 15-384.62. The department of public safety if and when estab-
lished shall be under the supervision of a director of public safety. Such
department may consist of the following divisions:

(1) Division of police, in charge of a chief of police and consisting
of such other police officers and personnel as may be appointed.

(2) Division of fire protection, in charge of a fire chief and consist-
ing of such firemen, and other personnel as may be appointed.

§ 15-384.63. The department of public utilities, if and when estab-
lished, shall be under the supervision of a director of public utilities.
Such department shall be in charge of construction, operation, mainte-
nance and administration of all public works coming under the general
category of public utilities, owned, operated and controlled by any such
county or district or any sanitary district of such county. Such depart-
ment shall be responsible for the administration of the affairs of the
sanitary districts, including but not limited to water systems, sewer
systems, sewage disposal systems, garbage and any other sanitary dis-
trict functions not assigned or administered by other departments or
agencies. If the county has a division of fire protection and a fire chief
under the provisions of § 15-884.62 then such fire protection shall not be
under the department of public utilities.

§ 15-384.64. The urban county board of supervisors shall require an
annual audit of the books of every county officer who handles public
funds to be made by a certified public accountant who is not a regular
officer or employee of the county and who is thoroughly qualified by
training and experience. An audit made by the Auditor of Public Ac-
counts under the provision of law, may be considered as having satis-
fied the requirements of this paragraph.

Either the urban county board of supervisors or the executive or man-
ager may at any time order an examination or audit of the accounts of
any officer or department of the county government. Upon the death,
resignation, removal or expiration of the term of any officer of the
county, the director of finance shall cause an audit and investigation of
the accounts of such officer to be made and shall report the results there-
of to the manager or executive and the urban county board of supervisors.
In case of the death, resignation or removal of the director of finance,
the urban county board of supervisors shall cause an audit to be made of
his accounts. If as a result of any such audit, an officer be found indebted
to the county, the urban county board of supervisors shall proceed forth-
with to collect such indebtedness.

§ 15-3884.65. The urban county board of supervisors shall establish
a schedule of compensation for officers and employees which shall pro-
vide equitable compensation for officers and employees and which shall
provide for recognition of length of service and of merit. The compen-
sation prescribed shall be subject to such limitations as may be made by
general law.

§ 15-384.66. Each year at least two weeks before the urban county
board of supervisors must prepare its proposed annual budget, the urban
county executive or manager shall perpare and submit to the urban
county board of supervisors a budget presenting a financial plan for con-
ducting the affairs of the county for the ensuing year; such budget shall
be set up in the manner prescribed by general law. Hearings thereon
shall be held and notice thereof given and the budget adopted in accord-
ance with such general law.

§ 15-884.67. No member of the urban county board of supervisors or
other officer or employee of the county, or person receiving a salary or
compensation from funds appropriated by the county, shall be interested
directly or indirectly in any contract to which the county is a party,
either as principal, surety or otherwise; nor shall any such officer or
employee or his partner, agent, servant or employee of the firm of which
he is a member purchase from or sell to the county any real or personal
property, nor shall he be financially interested, directly or indirectly, in
any work or service to be performed for the county or in its behalf. Any
contract made in violation of any of these provisions shall be void.

The amount embraced by any such contract, the value of any thing
so purchased or sold, and the amount of any claim for any such work or
service shall never be paid, or if paid, may be recovered back, with in-
terest, by the county, in the circuit court of the county, by action or
motion, within two years from the time of payment.

§ 15-384.68. All officers and employees of the county shall be paid
regular compensation and the fee system as a method of compensation in
the county shall be abolished, except as to those officers not affected by
the adoption of this form of county organization and government. All
such officers and employees shall, however, continue to collect all fees
and charges provided for by general law, shall keep a record thereof,
and shall promptly transmit all such fees and charges collected to the
director of finance, who shall promptly receipt therefor. Such officers
shall also keep such other records as are required by §§ 14-145 to 14-163.
All fees and commissions, which but for this section would be paid to
such officers by the State for services rendered, shall be paid into the
treasury of the county.

The excess, if any, of the fees collected by each of the officers men-
tioned in § 14-145 or collected by any one exercising the powers of and
performing the duties of any such officer, over (a) the allowance to
which such officer would be entitled by general] law but for the provisions
of this section and (b) expenses in such amount as shall be allowed by
the Compensation Board, shall be paid, one-third into the State treasury,
and the other two-thirds shall belong to the county.

Any officer or employee of the county who shall fail or refuse to
collect any fee which is collectible and should be collected under the pro-
visions of this section, or who shall fail or refuse to pay any fee so
collected to the county as herein provided, shall upon conviction be deemed
guilty of a misdemeanor.

§ 15-384.69. (1) Any county having either of the urban county forms
of organization and government under this chapter is authorized to
establish and prescribe for all employees of the county and, as requisite,
officers thereof, the following provisions applicable to such employees:

(a) Normal work days and hours of employment therein;

(b) Holidays;

(c) Days of vacation allowed;

(d) Days of sick leave allowed;
(e) Other provisions concerning the hours and conditions of em-
ployment;

(f) Plans of personnel management and control;

(g) Systems of retirement for all or any classes of officers and em-
ployees of the county but the adoption of either of these urban county
forms of government shall in no way affect any retirement system in
effect in any such county prior to the date of adoption of such form.

(2) Any such county shall have power to establish, alter, amend or
repeal at will any provision adopted under subsection (1) hereof.

§ 15-384.70. The urban county executive or manager shall give bond
payable to the county in the amount of not less than five thousand dollars.
The director of finance shall give bond to the amount of not less than
fifteen per centum of the amount of money to be received by him annually.
In case the urban county executive or manager serves also as director of
finance, he shall give bond to the full amount indicated above. The urban
county board of supervisors shall have the power to fix bonds in excess
of these amounts and to require bonds of other county officers in their
discretion, conditioned on the faithful discharge of their duties and the
proper accounting for all funds coming into their possession.

Article 5.
Towns

§ 15-384.71. Subsequent to the adoption by a county of either of the
forms of county government and organization authorized by this chapter,
any town within the county may, in accordance with general law, hold a
referendum on the question of whether or not the charter of the town
shall be dissolved.

If the majority of voters in any town vote in favor of dissolving its
charter, then on the first day of January next following, the charter of
such town whether granted by a court or by the General Assembly shall
be dissolved. All town liabilities shall be assumed by, and become the
obligations of the county, and the county shall own all the corporate
properties, franchises and rights of the town. Each town shall become
a small district of the district in which it is located; and the existing
assets less the liabilities assumed of such town shall be used by the urban
county board of supervisors as a factor in establishing service charges
within such small district, and existing services provided by the town
government shall not be discontinued so long as they are desired by the
residents of the then small district.

All claims of whatsoever nature, tort, contract, or otherwise, which
exist against a town the moment before such town is dissolved under the
provisions hereof shall constitute and be a claim against the county in
which such town was located and which has assumed the debts and
taken charge of the assets of such town. Suit may be brought against
such county for any such claim against the town and it shall be no defense
in such proceeding that the defendant is the county; in all such cases the
county shall be subject to suit to the same extent and in the same manner
as the dissolved town and judgments resulting therefrom may be enforced
against the county as judgments are enforced against municipalities gen-
erally. Any defense which would be available to the town shall likewise
be available to the county.

Nothing in this chapter shall be construed to affect any contractual
or vested right against a county adopting either of the forms of organi-
zation and government herein provided or any such right against a town
dissolved in accordance herewith; all such rights shall be enforceable
against and collectible from the county as if it were a municipality.

In any town in which a majority of the voters vote against dissolving
the charter of such town, the charter of such town shall not be dissolved
and such charter shall remain in full force and effect.

§ 15-384.72. After the date of adoption of either of the urban county
forms of government, no unincorporated community shall be incorporated
as a town or city within the limits of the county, whether by judicial pro-
ceedings or otherwise.

§ 15-384.73. After the date of adoption of either of the urban county
forms of government, a city contiguous to or within the limits of a county
adopting the same may petition, by action of its governing body, to be-
come a part of such county on terms set forth in a resolution adopted by
the urban county board of supervisors. A referendum within the peti-
tioning city shall constitute approval of the city becoming a district of
the county or a part or parts of one or more districts and action of the
urban county board of supervisors shall constitute final approval thereof
by the county.

Article 6.
District Commissions

§ 15-384.74. Within ninety days after the adoption of either of the
forms of government set forth in this chapter, the county board of super-
visors, after holding a public hearing thereon, shall divide the county
into from five to eleven districts. The division shall be based on consid-
erations of size, community of interest and the need for services not re-
quired on a county-wide basis, and shall be as nearly equal as practicable
in population. Under this form of county organization and government
in accordance with the powers vested in the General Assembly in Sec-
tion 110 of the Constitution of Virginia, districts may be of any reason-
able area and are not limited by the provisions of Section 111 of the
Constitution.

These districts shall serve as (a) election units for members of the
district commissions, (b) the electoral divisions for election of members of
the urban county board of supervisors, (c) sanitary districts under the
provisions of Article 7, and (d) shall have such other functions as are
specified herein.

§ 15-384.75. Within ninety days after the publication of the official
results of each United States decennial census, the urban county board of
supervisors shall make such changes in district boundaries as are required
to meet the tests of equitable population distribution among the districts,
with a minimum disruption of the then existing district pattern of serv-
ice and the board may redistrict not more than once in the interim be-
tween official decennial census provided such redistricting is based upon
a census taken by the Bureau of Census of the United States Department
of Commerce.

§ 15-384.76. If a majority of the qualified voters voting in an election
called and held as hereinbefore provided have voted in favor of service
district commissions, the provisions of this article set forth in this section
and § 15-384.77 shall be applicable to the county. (a) When either form
of county organization and government provided herein shall have been
adopted by any county the voters of each district thereof, except those
residing in any town, shall elect a district commission of five members.
Each member shall be a qualified voter of his district. .

(b) The first commission shall be elected at the regular November
election next succeeding the adoption of either form provided herein and
their successors shall be elected at the regular November election each
fourth year thereafter. The members shall take office the following Jan-
uary first and shall serve for four years and until their successors take
office.
§ 15-384.77. Each district commission shall have the power to:

(1) Select its own chairman and adopt rules of procedure established
by the board of supervisors;

(2) Fill vacancies on the district commission which may occur be-
tween elections; provided that any person appointed to fill a vacancy shall
serve only until December thirty-one following the next general election,
unless the vacancy occur within the sixty days immediately preceding such
general election, in which event the person appointed shall serve until
December thirty-one of the following year; successors to such persons
shall be elected at the general election in November prior to the December
thirty-first on which their terms expire for the unexpired term or for a
full term as the case may be;

(3) Prepare and make public recommendations in the fields of plan-
ning and zoning, which recommendations shall have a place on the agenda
of the urban county board of supervisors;

(4) Determine the number, type, and extent of the services to be
provided within the district and at district expense by the county through
the sanitary district or otherwise, subject to Article 7 hereof, until such
time as the service shall be provided by the county on a uniform county-
wide basis;

(5) Perform any duties and functions delegated to such district
commissions by the urban county board of supervisors;

(6) Receive such compensation and expenses as may be fixed by the
county board of supervisors and be furnished by the county board of
supervisors with such assistance and funds for its purposes as such
board of supervisors deems necessary.

Article 7.

Sanitary Districts Within Urban Counties

§ 15-384.78. (a) Notwithstanding any other provision of law, no
court within any county having the form of county organization and
government herein provided shall entertain any petition filed for the
creation, enlargement, contraction, merger, consolidation or dissolution
of a district authorized to be created in accordance with the provisions
of Chapters 2, 6, 7, or 8 of Title 21 of the Code of Virginia, Chapter 161,
Acts of the Assembly 1926 as amended or any other law providing for
the creation of those subdivisions referred to generally as sanitary or
small districts hereinafter referred to as “sanitary districts’. No petition
for the creation, enlargement, contraction, merger, consolidation or dis-
solution of a sanitary district filed by any person or group of persons
shall be of any effect and any court in which same may be filed shall
forthwith strike the same from its dockets and no further proceedings
thereon shall be had.

(b) Notwithstanding any other provision of law, in any county
having the form of county organization and government herein provided,
each district created under the provisions of § 15-384.74 shall be a sani-
tary district with all the rights and powers conferred on sanitary dis-
tricts by general law, the same to be exercised pursuant to the provisions
of subsections (d) and (e) below.

Every sanitary district existing in the county shall be dissolved on
the date that either of the forms of government herein go into effect and
each shall at that time be recreated as a small district or small districts
within the respective sanitary districts. The county shall assume the
liabilities of the sanitary district and shall own all its properties and the
existing assets less the liabilities assumed of such sanitary district shall
be used by the board of supervisors as a factor in establishing service
charges within the small district or small districts. The services provided
by the former sanitary districts shall be continued by the county in the
new small districts unless changed by the district commissions under sub-
section (e) below.

(c) Notwithstanding any other provision of law, in any county
having the form of county organization and government herein provided,
the county board of supervisors shall have the power and authority with
regard to the creation, enlargement, contraction, merger, consolidation
or dissolution of small districts and local districts within such county
that is granted to the circuit court of the county in connection therewith
by Title 21 of the Code of Virginia and by Chapter 161 of the Acts of
the Assembly of 1926 as amended.

(d) A district commission, whenever it is of the opinion that a small
district should be created, enlarged, contracted, merged, consolidated or
dissolved within such district or partly within such district and partly
within another district, shall have the power to file with the county
board of supervisors a resolution seeking the creation, enlargement, con-
traction, merger, consolidation or dissolution of a sanitary district and
specifying the services required by the citizens of such district and not
by the county at large. Such resolution shall set forth the services al-
ready provided in such sanitary district, the charges therefor, the bonds
if any outstanding in connection therewith, and such other matters as
the county board of supervisors may require in connection with the filing
with it of such a resolution by a district commission. Upon receipt of any
such resolution by the county board of supervisors it shall set a time and
place for hearing the same not less than 30 or more than 90 days from
the receipt of such resolution. Notice thereof shall be given by publica-
tion in some newspaper published or having general circulation in the
county. At the time and place specified by the county board of super-
visors it shall hold a hearing on the desirability of creating, enlarging,
contracting, merging, consolidating or dissolving as the case may be, such
sanitary district. The resolution of the district commission seeking the cre-
ation, enlargement, contraction, merger, consolidation or dissolution of a
sanitary district shall be approved unless three-fourths of the members
elected to the county board of supervisors disapprove the same in a re-
corded vote. Upon approval the county board of supervisors shall estab-
lish, enlarge, contract, merge, consolidate or dissolve such district by an
order setting forth therein the change.

(e) Upon the request of a district commission to the county board of
supervisors for services to be provided in such district or small district,
the county board of supervisors shall take such steps as may be necessary
to provide such requested services and provide same as soon as practi-
cable unless such request is disapproved by three-fourths of the members
elected to the county board of supervisors. Except as otherwise provided
by this Chapter, in providing such services the county board of super-
visors shall have such power and authority and be subject to such limi-
tations as is provided by general law and specifically by Chapter 161,
Acts of Assembly, 1926 as amended.

Article 8.
Separability

§ 15-384.79. Notwithstanding any of the provisions contained herein
dealing with forms of county organization and government, all existing
agreements and contracts now in force between counties adopting any
of the forms of government herein provided and other counties or munici-
palities shall continue in full force and effect and be as binding as if no
change had been effected.

§ 15-384.80. In the event that any portion, section, or provision of
this chapter shall be declared illegal, invalid, or unconstitutional by final
judgment of any court of competent jurisdiction, such judgment shall
not invalidate any other portion, section, or provision hereof, but all
parts of this chapter not expressly held to be invalid shall remain in full
force and effect.