CHAPTER 147

An Act to effectuate the consolidation of Princess Anne County and the
city of Virginia Beach, a city of the second class, into the city of
Virginia Beach, a city of the first class; and to this end to validate,
ratify and confirm the consolidation agreement between Princess Anne
County and the city of Virginia Beach; to provide a charter for the
new city of Virginia Beach, and to repeal Chapter 38 of the Acts of
Assembly of 1952, approved February 14, 1952, which incorporated
the city of Virginia Beach, and all amendments thereto.

[H 107]

Approved February 28, 1962

Be it enacted by the General Assembly of Virginia:

1. The consolidation of the city of Virginia Beach and Princess Anne
County into the consolidated city of Virginia Beach, a city of the first
class, as provided in the consolidation agreement to which reference is
hereby made and which is made part hereof, is hereby validated, ratified
and confirmed in all respects and such consolidation shall be effective on
and after January one, nineteen hundred sixty-three.
2. Chapter 33 of the Acts of Assembly of 1952 and all amendments
thereto, which is entitled “An act to incorporate the city of Virginia
Beach; and to repeal Chapter 76 of the Acts of Assembly 1906, approved
March 6, 1906, which incorporated the town of Virginia Beach, and all
amendments thereto”, approved February 14, 1952, is repealed as of the
first moment of January one, nineteen hundred sixty-three.
3. Be it further enacted by the General Assembly of Virginia:
Chapter 1

INCORPORATION AND BOUNDARIES

§ 1.01. INCORPORATION. The inhabitants of the territory com-
prised within the limits of the City of Virginia Beach, as they are or here-
after may be established by law, shall continue to be a body politic and
corporate under the name of the City of Virginia Beach and as such shall
have perpetual succession, may sue and be sued, contract and be con-
tracted with and may have a corporate seal which it may alter at its
pleasure. The inhabitants of the territory comprised within the limits of
Princess Anne County as it exists at the effective date of this charter shall
also be a part of such body politic and corporate.

§ 1.02. BOUNDARIES. The boundaries of the City of Virginia
Beach shall coincide with the outside boundaries of Princess Anne County
so as to include all of the territory comprising Princess Anne County and
the City of Virginia Beach as existing immediately preceding the effective
date of this charter.

Chapter 2

POWERS

§ 2.01. GENERAL GRANT OF POWERS. The powers set forth in
§§ 15-77.1 through 15-77.70 of the Code of Virginia as in force on January
1, 1962, are hereby conferred on and vested in the City of Virginia Beach.

§ 2.02. ADDITIONAL POWERS. Without limiting the generality
of the foregoing, but in addition thereto, the City of Virginia Beach shall
have the following additional powers:

(a) To spend not exceeding five per cent of its annual revenue from
all sources in advertisement of and giving publicity to its resources and
advantages.

(b) To levy a higher tax in such areas of the City of Virginia Beach
as desire additional or more complete services of government than are
desired in the city as a whole, provided that such higher tax rate shall not
be levied for school, police or general government services but only for
those services which prior to the effective date of this charter were not
offered in all the territory within the boundaries of the city and provided
further that the proceeds from such higher tax rate shall be so segregated
as to enable the same to be expended in the areas in which raised.

(c) To levy a special tax on real property in any borough, sanitary
district or other special taxing district or combination thereof, for a period
of not exceeding 20 years, which may be different from and in addition to
the general tax rate throughout the city, for the purpose of repaying
indebtedness existing on the effective date of this charter and chargeable
to such borough, sanitary district or other special taxing district or com-
bination thereof. _

(d) To exercise all powers possessed by the City of Virginia Beach
and Princess Anne County immediately preceding the effective date of this
charter, consistent with general law and not inconsistent with this charter ;
provided, however, that except as otherwise specifically provided in this
charter, all laws heretofore applicable to Virginia Beach or Princess Anne
County, respectively, shall continue to apply to the areas theretofore com-
prising such political subdivisions, now incorporated under this charter
as a single such subdivision, until otherwise provided by law.

Chapter 3
CITY COUNCIL

§ 3.01. COMPOSITION. The city shall be divided into seven bor-
oughs. One of such boroughs shall comprise the City of Virginia Beach as
existing immediately preceding the effective date of this charter and shall
be known as the borough of Virginia Beach, and the remaining six bor-
oughs shall comprise the six magisterial districts of Princess Anne County
as existing immediately preceding the effective date of this charter and
shall be known as the boroughs of Bayside, Blackwater, Kempsville, Lynn-
haven, Princess Anne (formerly known as Seaboard) and Pungo. The
council shall consist of eleven members, five of whom shall be elected by
and from the borough of Virginia Beach and one by and from each of the
other six boroughs. The five members of the council of the City of Virginia
Beach and the six members of the Board of Supervisors of Princess Anne
County holding office immediately preceding the effective date of this
charter shall constitute the council of the city and shall hold office until
the beginning of the terms of their successors. At such time as may be
determined by the affirmative vote of seven councilmen, which shall not
be earlier than five years after the effective date of this charter but not
later than September 1, 1971, the council shall submit to the qualified
voters of the city a new plan for election of councilmen.

§ 3.02. ELECTION OF COUNCILMEN. Councilmen in each bor-
ough shall be elected in the same manner and for the same terms as coun-
cilmen or supervisors were elected in such borough immediately preceding
the effective date of this charter; provided, however, that the three coun-
cilmen of the present City of Virginia Beach elected in June 1962 shall
serve until September 1, 1967. Two councilmen from the borough of Vir-
ginia Beach shall be elected in June 1964 and shall serve until September 1,
1967. All other councilmen shall be elected in June 1963, and shall serve
until September 1, 1967. Beginning in 1967 all councilmen shall be elected
on the second Tuesday in June for terms of four years and shall take office
on the first day of September following their election.

§ 3.03. FILLING VACANCIES. Vacancies in the office of council-
men, from whatever cause arising, shall be filled within 60 days for the
unexpired portion of the term by a majority vote of the remaining mem-
bers of the council, provided that so long as any councilmen are elected by
and from wards or boroughs the vacancy shall be filled by a qualified
voter residing in the same ward or borough.

§ 3.04. COMPENSATION. Councilmen shall receive as compen-
sation for their services such amounts as the council may determine, not
to exceed $200 per month for councilmen and $250 per month for the
mayor. No member of the council shall be appointed to any office of profit
under the city government during the term for which elected and for one
year thereafter.

§ 3.05. 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.

(b) To create, alter or abolish departments, bureaus, divisions,
boards, commissions, offices and agencies other than those specifically es-
tablished by this charter.

(c) To create, alter or abolish and to assign and reassign to depart-
ments, all bureaus, divisions, offices and agencies except where such bur-
eaus, divisions, offices or agencies are specifically assigned by this charter.

(d) To provide for the number, titles, qualifications, powers, duties
and compensation of all officers and employees of the city.

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

(f{) To provide for the submission of any proposed ordinance to the
qualified voters of the city at an advisory referendum to be initiated by a
resolution to the circuit court of the city and held not less than 30 nor
more than 60 days thereafter in the manner provided by law for general
elections.

§ 3.06. PROCEDURAL POWERS. The council shall have power,
subject to the provisions of this charter, to adopt its own rules of proce-
dure. Such rules shall provide for the time and place of holding regular
meetings of the council which shall be not less frequent than once each
month. They shall also provide for the calling of special meetings by the
mayor or any three members of the council and shall prescribe the methods
of giving notice thereof. A majority of the council shall constitute a
quorum for the transaction of business. No ordinance, resolution, motion
or vote, other than motions to adjourn, to fix the time and place of ad-
journment and other motions of a purely procedural nature, shall be
adopted by the council except at a meeting open to the public.

§ 3.07. MAYOR. At its first regular meeting of the term the coun-
cil shall choose by majority vote of all the members thereof one of its
members to be mayor and one to be vice-mayor. Until such time as the
representation on the council is changed as provided in § 3.01, one of such
officers shall be a councilman elected by and from the borough of Virginia
Beach and the other shall be a councilman elected by and from one of the
other boroughs. The mayor shall preside over the meetings of the council,
shall act as head of the city government for ceremonial purposes and shall
have such other rights and duties as the council may prescribe, in addition
to all the rights and privileges of councilmen of the city. The vice-mayor
shall perform the duties of mayor in the absence or disability of the mayor.

§ 3.08. CITY CLERK. The council shall appoint a city clerk who
shall serve at the pleasure of the council. He shall be clerk of the council
and custodian of the corporate seal of the city and he shall have such fur-
ther duties as the council may prescribe.
§ 4.01. APPOINTMENT AND QUALIFICATIONS. The counci
shall appoint a city manager who shall be the executive and administrative
head of the city government. He shall be chosen solely on the basis of his
executive and administrative qualifications and shall serve at the pleasure
of the council.

§ 4.02. POWERS AND DUTIES. The city manager shall have the
power and it shall be his duty:

(a) To appoint all officers and employees of the city and to remove
such officers and employees, except as he may delegate such power to
appoint and remove to his subordinates and except as otherwise provided
in this charter.

(b) To perform such other duties and to exercise such other powers
as may be imposed or conferred upon him by the council.

§ 4.08. COUNCIL NOT TO INTERFERE IN APPOINTMENTS
OR REMOVALS. Neither the council nor any of its members shall direct
the appointment of any person to or his removal from any office or employ-
ment by the city manager or by his subordinates.

Chapter 5
BUDGET

§ 5.01. FISCAL YEAR. The fiscal year of the city shall be estab-
lished by ordinance and shall also constitute the tax year and the budget
and accounting year.

§ 5.02. SUBMISSION OF BUDGET. The city manager shall sub-
mit to the council a budget and a budget message at least 90 days prior
to the beginning of each budget year.

§ 5.08. PREPARATION OF BUDGET. It shall be the duty
of the head of each department, the judges of the courts not of record,
each board or commission, including the school board, and each other office
or agency supported in whole or in part by the city, to file at such time as
the city manager may prescribe estimates of revenue and expenditure
for that department, court, board, commission, office or agency for the
ensuing fiscal year. The city manager shall hold such hearings as he may
deem advisable and shall review the estimates and other data pertinent to
the preparation of the budget 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, except that in the case of the
school board he may recommend a revision only in its total estimated
expenditure. The budget shall be prepared in accordance with accepted
principles of municipal accounting and budgetary procedures and tech-

niques.

§ 5.04. BALANCED BUDGET. In no event shall the expenditures
recommended by the city manager in the budget exceed the receipts esti-
mated, taking into account the estimated cash surplus or deficit at the end
of the current fiscal year, unless the city manager shall recommend an
increase in the rate of ad valorem taxes on real estate and tangible per-
sonal property or other new or increased-taxes or licenses within the
power of the city to levy and collect in the ensuing fiscal year the receipts
from which estimated on the 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 revisions in the tax and license ordinances of the
city in order to bring the budget into balance.

§ 5.05. BUDGET MESSAGE. The budget message shall contain
the recommendations of the city manager concerning the fiscal policy of
the city, a description of the important features of the budget and an
explanation of all significant changes in the budget as to estimated receipts
and recommended expenditures as compared with the current and last pre-
ceding fiscal years.

§ 5.06. APPROPRIATION AND ADDITIONAL TAX ORDI-
NANCES. At the same time that he submits the budget the city manager
shall introduce and recommend to the council an appropriation ordinance
which shall be based on the budget. He shall also introduce at the same
time any ordinances levying a new tax or altering the rate on any existing
tax necessary to balance the budget as provided in § 5.04.

§ 5.07. PUBLIC HEARING. The council shall hold a public hear-
ing on the budget as submitted, at which all interested persons shall be
given an opportunity to be heard. The council shall cause to be published
a notice of the time and place of the hearing not less than seven days prior
to the date of the hearing.

§ 5.08. ADOPTION OF BUDGET. After the public hearing the
council may make such changes in the budget as it may determine, except
that no item of expenditure for debt service shall be reduced or omitted.
The budget shall be adopted by the vote of at least a majority of all
members of the council not later than 30 days prior to the end of the
current fiscal year. Should the council take no action prior to such day, the
budget shall be deemed to have been finally adopted as submitted. In no
event shall the council adopt a budget in which the estimated total of
expenditures exceeds receipts, unless at the same time it adopts measures

to provide additional revenue estimated to be sufficient to make up the
difference.

§ 5.09. ADDITIONAL APPROPRIATIONS. Appropriations in ad-
dition to those contained in the general appropriation ordinance may be
made by the council only if there is available in the general fund an unen-
cumbered and unappropriated sum sufficient to meet such appropriations.

Chapter 6
BORROWING

§ 6.01. BORROWING POWER. The council may, in the name of
and for the use of the city, incur indebtedness by issuing its negotiable
bonds or notes for the purposes, in the manner and to the extent provided
in this chapter.

§ 6.02. PURPOSES FOR WHICH BONDS OR NOTES MAY BE
ISSUED. Bonds or notes of the city may be issued for the following pur-
poses:

(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
ost of any capital improvement project.

(b) To anticipate the collection of revenue.—Notes may be issued,
‘when authorized by the council, at any time during the fiscal year in an-
ticipation of the collection of revenue of such year.

(c) To refund outstanding bonds.—Bonds may be issued for the pur-
pose of refunding existing bonds, provided that the director of finance shall
certify in writing that such refunding is necessary to prevent default on
the interest or principal of the city’s outstanding bonds or in the case of
callable bonds to secure a lower rate of interest.

§ 6.03. LIMITATIONS ON INDEBTEDNESS. In the issuance of
bonds and notes the city shall be subject to the limitations as to amount
contained in Section 127 of the Constitution.

§ 6.04. FORM OF BONDS. Bonds and notes of the city shall be
issued in the manner provided bv general law.

§ 6.05. AUTHORITY FOR ISSUANCE OF BONDS. No bonds of
he city shall be issued until their issuance shall have been authorized by a
najority of the qualified voters of the city voting at an election held for the
burpose and in the manner provided by general law; provided, however,
that the council may issue bonds in an amount not exceeding $500,000 in
any calendar year or notes in anticipation of the collection of revenue with-
out submitting the question of their issuance to the qualified voters.

§ 6.06. PAYMENT OF BONDS AND NOTES. The power and
obligation of the city to pay any and all bonds and notes issued pursuant to
this charter, except revenue bonds made payable solely from revenue pro-
ducing properties, 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 the interest thereon, without limitation as to rate or
amount. The full faith and credit of the city are hereby pledged for the
payment of the principal of and interest on all bonds and notes of the City
of Virginia Beach and of Princess Anne County and any sanitary districts
therein issued and outstanding on the effective date of this charter, and of
the city hereafter issued pursuant to this chapter, except revenue bonds
made payable solely from revenue producing properties, whether or not
such pledge be stated in the bonds or notes or in the bond ordinance author-
izing their issuance.

Chapter 7
ADMINISTRATIVE DEPARTMENTS

3 7.01. CREATION OF DEPARTMENTS. The following adminis-
trative departments are hereby created:

(a) Department of Finance

(b) Department of Law

(c) Department of Public Safety

(d) Department of Public Works

(e) Department of Public Utilities

(f) Department of Public Health

(g) Department of Public Welfare

h) Department of Farm and Home Demonstration

(1) Department of Education

(J) Department of Parks and Recreation

(k) Department of Personnel

a pone May create new departments or subdivisions thereof, combine
tablis Ish existing departments and distribute the functions thereof or es-

6 Mporary departments for special work; provided, however, that
fu Uncil shall not have the power to abolish, transfer or combine the

nections of the departments of finance, law and education.

ead’ of 02, DEPARTMENT HEADS. There shall be a director at the
sral de €ach department, and the same person may be the director of sev-
of law Partments. The director of each department, except the departments
removed a education, shall be appointed by the city manager and may be
rovide Bey him at any time; provided, however, that the council may

adj at the city manager shall be director of one or more departments.
Xecttiy r of each department shall be chosen on the basis of his general
raining .c2d administrative ability and experience and of his education,

& and experience in the class of work which he is to administer.

sach 40°: RESPONSIBLE TO CITY MANAGER. The directors of
immedia aement, except the departments of law and education, shall be

eir reg Y responsible to the city manager for the administration of
all Mattescvive departments, and their advice may be required by him on
recommenda affecting their departments. They shall make reports and

such ruleg ations concerning their departments to the city manager under

Gd ragcniatiang ag ha mar nesanwha
§ 8.01. DEPARTMENT OF FINANCE. The department of fi-
nance shall consist of a director of finance, a comptroller or accounting
officer, the city treasurer and the commissioner of revenue and their re-
spective offices, insofar as inclusion of these offices is not inconsistent with
the Constitution and general laws of the Commonwealth of Virginia, and
such other officers and employees organized into such bureaus, divisions
and other units as may be provided by the council or by the orders of the
director consistent therewith.

§ 8.02. DIRECTOR OF FINANCE. The head of the department
of finance shall be the director of finance who may also be the city man-
ager. He shall be a person skilled in municipal accounting and financial
control. He shall have charge of the financial affairs of the city, including
such powers and duties as may be assigned by the council not inconsistent
with the Constitution and general laws of the Commonwealth of Virginia.

§ 8.038. CITY TREASURER. The city treasurer shall be the cus-
todian of all public monies of the city and shall have such powers and
duties as are provided by general law. He shall perform such other duties
as may be assigned by the director of finance or the council not incon-
sistent with the laws of the Commonwealth.

§ 8.04. 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 assigned by the director of finance or the council.

§ 8.05. DIVISION OF PURCHASING. There shall be a division
of purchasing which shall be in charge of purchasing all supplies of the
city. The head of the division of purchasing shall be the purchasing agent
who shall have such duties as may be assigned by the council.

§ 8.06. ANNUAL AUDIT. The council shall cause to be made an
independent audit of the city’s finances at the end of each fiscal year by
the auditor of public accounts of the Commonwealth or by a firm of inde-
pendent certified public accountants to be selected by the council. One copy
of the report of such audit shall be always available for public inspection
in the office of the city clerk during regular business hours.

Chapter 9
DEPARTMENT OF LAW

§ 9.01. DEPARTMENT OF LAW. The department of law shall
consist of the city attorney and such assistant city attorneys and other
employees as may be provided by the council.

CITY ATTORNEY. The head of the department of law
shall be the city attorney. He shall be an attorney at law licensed to prac-
tice law in the Commonwealth of Virginia. He shall be appointed by the
council and shall serve at its pleasure.

§ 9.08. POWERS AND DUTIES. The city attorney shall be the
chief legal advisor of the council, the city manager and of all departments,
boards, commissions and agencies of the city in all matters affecting the
interests of the city. He shall have such powers and duties as may be
assigned by the council.

§ 9.04. RESTRICTIONS ON ACTIONS FOR DAMAGES AGAINST
CITY. No action shall be maintained against the city for injury or dam-
age 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 officer, employee
or agent thereof, unless a written statement by the claimant, his agent,
attorney 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 60
days, such statement may be filed within 120 days. Neither the city attor-
hey nor any other officer, employee or agent of the city shall have authority
to waive the foregoing conditions precedent or any of them.

Chapter 10
DEPARTMENT OF PUBLIC SAFETY

§ 10.01. DEPARTMENT OF PUBLIC SAFETY. The department
of public safety shall include the bureaus of police and fire protection and
may include such other bureaus, divisions and units and have such powers
and duties as may be provided or assigned by the council or by the director
consistent therewith. The council may continue the Police and Trial Board
as authorized for Princess Anne County by Acts of 1954, Chapter 101, as
amended by Acts 1960, Chapter 44.

§ 10.02. DIRECTOR OF PUBLIC SAFETY. The head of the de-
partment of public safety shall be the director of public safety. He shall

ve general management and control of the several bureaus, divisions
and other units of the department.
§ 10.08. BUREAU OF POLICE. The bureau of police shall consist
of a chief of police, who may be the director of public safety, and such
other officers and employees as may be provided by the council or by the
orders of the director of public safety. The bureau of police shall be
responsible for preservation of the public peace, protection of the rights
Of persons and property and enforcement of laws of the Commonwealth
aa ordinances of the city. The chief of police and the other members of

€ police force shall have all the powers and duties of police officers as
Provided by general law.

§ 10.04. BUREAU OF FIRE PROTECTION. The bureau of fire
Protection shall consist of the fire chief and such other officers and em-
ad c€S aS May be provided by the council or by the orders of the director
for hen therewith. The bureau of fire protection shall be responsible

© protection from fire of life and property within the city.

Chapter 11
DEPARTMENT OF PUBLIC WORKS

oF S (11.01. DEPARTMENT OF PUBLIC WORKS. The department
officers 1¢ works shall consist of the director of public works and such other

and employees organized into such bureaus, divisions and other
ronsiet, ay be provided by the council or by the orders of the director
sistent therewith.
responsi}: 2. FUNCTIONS. The department of public works shall be
streets De for the construction and maintenance of all public buildings,
disposal Toads, bridges and drains, for garbage and refuse collection and
a! and for all other public works, and for the care of all public
assigned | It shall also have such other powers and duties as may be
$4 by the council.
parte 1.03. DIRECTOR OF PUBLIC WORKS. The head of the de-
have pane of public works shall be the director of public works. He shall
other neral management and control of the several bureaus, divisions and
Units of the department.
Chapter 12
DEPARTMENT OF PUBLIC UTILITIES

ment (2-01, DEPARTMENT OF PUBLIC UTILITIES. The depart-
such oth Public utilities shall consist of a director of public utilities and
and oth e Officers and employees organized into such bureaus, divisions

T Units as may be provided by the council or by the orders of the
director CONsigtan+ +h ay be P y y
§ 12.02. FUNCTIONS. The department of public utilities shall be
responsible for the construction, operation and maintenance of the water-
works system and the sewers and sewage disposal and such other powers
and duties as may be assigned by the council.

§ 12.03. DIRECTOR OF PUBLIC UTILITIES. The head of the
department of public utilities shall be the director of public utilities. He
shall have general management and control of the several bureaus, divi-
sions and other units of the department.

Chapter 13
DEPARTMENT OF PUBLIC HEALTH

§ 13.01. DEPARTMENT OF PUBLIC HEALTH. The department
of public health 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 the council or by the orders of the di-
rector consistent therewith.

§ 13.02. FUNCTIONS. The department of public health shall be
responsible for the exercise of all health functions imposed on municipali-
ties by general law and such other powers and duties as may be assigned
by the council.

§ 13.03. DIRECTOR OF PUBLIC HEALTH. The head of the de
partment of public health shall be the director of public health. He shall
be a physician licensed to practice medicine in the Commonwealth of
Virginia. He shall have general management and control of the several
bureaus, divisions and other units of the department. He shall have all the
powers and duties with respect to the preservation of the public health
which are conferred or imposed on municipal boards of health and health
officers by the laws of the Commonwealth of Virginia.

Chapter 14
DEPARTMENT OF PUBLIC WELFARE

§ 14.01. DEPARTMENT OF PUBLIC WELFARE. The depart-
ment of public welfare shall consist of the director of public welfare, a
welfare board constituted as provided by general law and such officers and
employees organized in, such bureaus, divisions and other units as may be
provided by the council or by the orders of the director consistent there-
with.

§ 14.02. FUNCTIONS. The department of public welfare shall be
responsible for the duties imposed by the laws of the Commonwealth of
Virginia relating to public assistance and relief of the poor and such other
powers and duties as may be assigned by the council.

§ 14.03. DIRECTOR OF PUBLIC WELFARE. The head of the
department of public welfare shall be the director of public welfare. He
shall have general management and control of the several bureaus, di-
visions and other units of the department.

Chapter 15
DEPARTMENT OF FARM AND HOME DEMONSTRATION

§ 15.01. DEPARTMENT OF FARM AND HOME DEMONSTRA-
TION. The department of farm and home demonstration shall consist of
an agricultural agent, a home demonstration agent and such other officers
and employees organized in such bureaus, divisions and other units as
may be prescribed by the council or by the orders of the director consist-
ent therewith.

§ 15.02. FUNCTIONS. The department of farm and home demon-
stration shall exercise all powers which are conferred upon counties re-
lating to county farm and home demonstration work and shall have such
other powers and duties as may be assigned by the council.

§ 15.08. DIRECTOR OF FARM AND HOME DEMONSTRATION.
The director of the department of farm and home demonstration shall be
the agricultural agent. He shall be selected from a list of eligibles sub-
mitted by the Virginia Polytechnic Institute. He shall have general manage-
ment and control of the several bureaus, divisions and other units of the
department.
Chapter 16
DEPARTMENT OF EDUCATION

§ 16.01. DEPARTMENT OF EDUCATION. The department of
education shall consist of the city school board, the division superintendent
of schools and the officers and employees thereof. Except as otherwise
provided in this charter, the city school board and the division superinten-
dent of schools shall exercise all the powers conferred and perform all the
duties imposed upon them by general law.

§ 16.02. SCHOOL BOARD. For a period of three years after the
effective date of consolidation the school board shall consist of all members
of the school boards of the City of Virginia Beach and Princess Anne
County holding office immediately preceding the effective date of this
charter. Thereafter the school board shall be composed of seven members
who shall be appointed by the council for terms of three years; provided,

Owever, that in the appointment of the initial school board, two members
shall be appointed for terms of one year, two for two years and three for
three years, Vacancies shall be filled by the council for any unexpired term.

§ 16.03. DIVISION SUPERINTENDENT. The person holding of-

ce as division superintendent in both the City of Virginia Beach and
rncess Anne County shall continue for the unexpired portion of his term.

Chapter 17
DEPARTMENT OF PARKS AND RECREATION
F § 17.01. DEPARTMENT OF PARKS AND RECREATION. The
epartment of parks and recreation shall consist of the director of parks
ats recreation and such other officers and employees organized into such
by the divisions and other units as may be prescribed by the council or
y Me orders of the director consistent therewith.
shall 17.022. FUNCTIONS. The department of parks and recreation
Fron ch responsible for operating and maintaining public parks, play-
ro Nds and recreation facilities and organizing and conducting recreation
the coud shall have such other powers and duties as may be assigned
ncil,
it HH 17.08. DIRECTOR OF PARKS AND RECREATION. The head
and recy partment of parks and recreation shall be the director of parks
several penton. He shall have general management and control of the
ureaus, divisions and other units of the department.

Chapter 18
DEPARTMENT OF PERSONNEL

DEPARTMENT OF PERSONNEL. The department of

ind emp] 1 consist of a director of personnel and such other officers

neludine Cyees organized into such bureaus, divisions and other units,

rders oF & personnel board, as may be prescribed by the council or by
the director consistent therewith.

sible for te FUNCTIONS. The personnel department shall be respon-

the city, he formulation and administration of the personnel policy of

ment of 02 DIRECTOR OF PERSONNEL. The head of the depart-

managemeneomnel shall be the director of personnel. He shall have general

of th nt and control of the several bureaus, divisions and other units
@ de

personnel bement, except as the council may assign such duties to a

§ 18.01.
ersonne] shal
§ 19.01. PLANNING COMMISSION. There shall be a city plan-
ning commission which shall consist of not less than five nor more than
fifteen members, and shall be organized as provided by general law. All
members of the commission shall be qualified voters of the city and shall
be appointed by the council for terms of four years.

§ 19.02. FUNCTIONS OF PLANNING COMMISSION. The plan-
ning commission shall be responsible for making recommendations to the
council on all phases of city planning, including a master plan, zoning,
and subdivision control. It shall have the powers and duties provided by
general law and such other powers and duties as may be assigned by the
council.

§ 19.083. BOARD OF ZONING APPEALS. There shall be a board
of zoning appeals which shall consist of five members appointed for three-
year terms by the circuit court of the city or the judges thereof in
vacation.

§ 19.04. POWERS OF THE BOARD OF ZONING APPEALS. The
board of zoning appeals shall have all powers granted to boards of zoning
appeals by general law.

§ 19.05. APPEALS FROM ACTIONS OF THE BOARD OF ZON-
ING APPEALS. Appeals from any action of the board of zoning appeals
may be taken to the circuit court of the city in the manner prescribed by
general law.

Chapter 20

ADMINISTRATION OF JUSTICE

§ 20.01. CIRCUIT COURT. The city shall continue to be in and a
part of the Twenty-Eighth Judicial Circuit. The Circuit Court of Princess
Anne County shall be known as the Circuit Court of the City of Virginia
Beach and shall have the same jurisdiction in the City of Virginia Beach
as is conferred by general law upon circuit courts of cities of the first
class.

§ 20.02. TRANSITION OF CIRCUIT COURT. All actions of every
kind, criminal as well as civil, pending in the circuit court of the county
on the effective date of this charter shall automatically be transferred to,
and shall proceed to final judgment in the circuit court of the city. The
circuit court of the city shall have full authority to issue writs, enforce
judgments and decrees and exercise every manner of judicial function in
relation to former actions in the circuit court of the county as though no
change had been made in the status of the latter.

§ 20.03. MUNICIPAL COURT. There shall be a municipal court
for the City of Virginia Beach. Such court shall have both civil and crim-
inal jurisdiction, shall have such other judicial powers as are conferred
by general law on municipal courts of cities of the first class, and shall
hold court at such times in the boroughs of Princess Anne and Virginia
Beach and at such other places as may be determined by the circuit court
of the city.

§ 20.04. JUDGES OF THE MUNICIPAL COURT. There shall be
a judge of the municipal court and such associate and substitute Judges
as may be deemed necessary by the council. The judges of such court shall
be appointed for terms of four years by the circuit court of the city or the
judges thereof in vacation. Appointments to vacancies shall be made by
the circuit court or the judges thereof in vacation and shall be for the
unexpired term.

§ 20.05. JUVENILE AND DOMESTIC RELATIONS COURT.
There shall be a juvenile and domestic relations court for the city. Such
court shall possess the same jurisdiction and powers as are conferred by
law upon juvenile and domestic relations courts of cities of the first class.

§ 20.06. JUDGES OF THE JUVENILE AND DOMESTIC RELA.
TIONS COURT. There shall be a judge of the juvenile and domestic
relations court and such associate and substitute judges as may be deemed
necessary by the council. The judges of such court shall be appointed for
terms of four years by the circuit court of the city or the judges thereof
In vacation. Appointments to vacancies shall be made by the circuit court
or the judges thereof in vacation and shall be for the unexpired term.

§ 20.07. JUDGES OF COURTS NOT OF RECORD. Any judge,
associate judge or substitute judge of the municipal court may also be the
Judge, or associate judge or substitute judge of the juvenile and domestic
relations court.

—§ 20.08. TRANSITION OF COURTS NOT OF RECORD. All
actions of every kind, criminal as well as civil, pending in the county
court of Princess Anne County or the police court of the City of Virginia
Beach on the effective date of this charter shall automatically be trans-
ferred to, and shall proceed to final judgment in the municipal court or
the juvenile and domestic relations court of the city, as the judges thereof
May determine.

§ 20.09. CLERK OF COURTS NOT OF RECORD. The council
May, at its discretion, provide for a single clerk for all courts not of record
or a separate clerk for each court not of record. Each clerk shall be
appointed by the court he serves.

_ § 20.10. TRANSFER OF RECORDS. Upon the effective date of
this charter all records and papers of the county court of Princess Anne
County and the police court of the City of Virginia Beach shall be trans-
erred to the appropriate courts of the city.

§ 20.11. HIGH CONSTABLE. The council shall appoint a high
constable who shall serve at the pleasure of the council. He shall be the
ministerial officer of the courts of the city and shall have such duties as the
Council may prescribe.
shall peote, JUSTICES OF THE PEACE. The circuit court of the city
not to peount such number of justices of the peace as it deems necessary,
noldi exceed eleven, to serve at its pleasure. The justices of the peace
hg Office in the City of Virginia Beach and Princess Anne County
fic lately preceding the effective date of this charter shall continue in

¢ until the expiration of the terms for which they were elected.

§ 20.13. NOTARIES PUBLIC. Notaries public for Princess Anne

‘one Shall have full power and authority in the city until their commis-
mens €xpire,

Chapter 21
MISCELLANEOUS AND TRANSITION PROVISIONS

his set. ASSETS AND LIABILITIES. Upon the effective date of
nd Peet all property, real and personal, of the City of Virginia Beach
ested sncess Anne County, including sanitary districts therein, shall be
he coun and owned by the city, and any and all debts due the city and
he city ty, Including any sanitary districts therein, shall become due to
ndebtednae city shall assume the payment of all the then outstanding
he then S® bonded or otherwise, including interest thereon, and all of
ounty, j ©“xisting contracts and any other obligations of the city and the

- ‘eluding any sanitary districts therein, in the same manner and to
Tose diy nt as if they were originally issued, made, entered into or

21 vtly by or with the city.

nffices of 2. ELECTION OF CONSTITUTIONAL OFFICERS. The

commiggin eX, Of the circuit court, attorney for the Commonwealth,
loner of ravanna city traacnraor and nity cargqoaant chall ho alactiva
and filled in accordance with the provisions of the Constitution of the
Commonwealth and in accordance with the provisions of general law.

§ 21.083. POWERS AND DUTIES OF CONSTITUTIONAL OFFI-
CERS. The clerk of the circuit court of the city, attorney for the Com-
monwealth, commissioner of revenue, city treasurer, and city sergeant shall
have such powers and perform such duties as are provided by the Consti-
tution of the Commonwealth and, except as otherwise provided in this
charter, as are provided by the provisions of general law for cities of the

rst class.

§ 21.04. PRESENT ORDINANCES AND RULES AND REGULA-
TIONS CONTINUED IN EFFECT. All ordinances, rules, regulations
and orders legally made by the City of Virginia Beach and Princess Anne
County in force at the effective date of this charter, insofar as they or any
portion thereof are not inconsistent herewith, or with the consolidation
agreement between the City of Virginia Beach and Princess Anne County,
shall remain in force and effect within the same area to which they were
applicable at the effective date of this charter, until amended or repealed
in accordance with the provisions of this charter or general law.

§ 21.05. PRELIMINARY MEETINGS OF COUNCIL. At any time
after the General Assembly shall have enacted this charter the council-
men for the consolidated city are authorized and directed to meet at such
times and places as they may determine for the purpose of considering the
appointment of a city manager, the preparation of ordinances, appoint-
ments which are required of them and such other matters as may be neces-
sary to effectuate the transition resulting from the consolidation of the
city and the county.

§ 21.06. REPRESENTATION IN THE GENERAL ASSEMBLY.
The granting of this charter shall in no way operate to affect or change
the representation in the General Assembly of Virginia to which the peo-
ple of the city were entitled at the time the charter was granted.

§ 21.07. SAVING CLAUSE. In the event that any portion, section
or provision of this charter shall be declared illegal, invalid or unconsti-
tutional 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 charter not expressly held to be invalid shall
remain in full force and effect.