Chap. 375.—An ACT to provide a new charter for the City of Radford and to
repeal the existing charter of the said city and the several acts amendatory
thereof and all other acts or parts of acts in conflict with this act so far as
they relate to the said City of Radford. {H B 411]

Approved March 28, 1946

Be it enacted by the General Assembly of Virginia, as follows:

1. Section 1. The city and its boundary.—The inhabitants of the
territory comprised within the present limits of the City of Radford, as
hereinafter prescribed, or as the same may be hereafter altered and es-
tablished by law, shall continue to be a body politic and corporate, to be
known and designated as the City of Radford, and as such shall have
and may exercise all powers which are now or hereafter may be conferred
upon or delegated to cities of its class under the Constitution and laws
of the Commonwealth of Virginia, as fully and completely as though said
powers were specifically enumerated herein, and no enumeration of par-
ticular powers by this charter shall be held to be exclusive; and the said
City of Ratiford as such shall have perpetual succession, may sue and be
sued, contract and be contracted with, and may have a corporate seal,
which it may alter, renew or amend at its pleasure by a proper ordinance.

And it shall continue to consist of two wards as follows: The terri-
tory east of Connelly’s Run shall be known as the East Ward, and the
territory west of Connelly’s Run shall be known as the West Ward.

It may be divided into other or additional wards in the manner pre-
scribed by general law.

The present boundaries of the said city are as follows:

Beginning at a point where Plum Creek empties into New River;
thence southwardly to intersection of Auburn Avenue and Commerce
Avenue on lands of South Radford Development Company, thence pass-
ing west of dwelling of M. Gibson; thence due south to the south side of
the old National Turnpike and with the south side of the same to a point
opposite the western boundary line of the Radford West End Land Com-
pany’s property; thence with said boundary line to New River, and
with New River to the beginning.

Section 2. Powers of the city.—In addition to the powers men-
tioned in the preceding section, the said city shall have power:

First: To raise annually in the manner provided by general law,
such sums of money as the council shall deem necessary for the proper
purpose of said city, provided that no tax upon real estate and tangible
personal property in said city shall exceed two dollars and fifty cents
upon one hundred dollars’ assessed value thereof.

Second: To impose special or local assessments for local improve-
ments, sidewalks, streets, curbs and gutters and enforce payment thereof
provided, however, that such assessments or improvements to that part
of the streets which constitute the roadway shall be made only with the
consent in writing of a majority of the owners of the property affected,
subject, however, to such limitations prescribed by the Constitution of
Virginia as may be in force at the time of the imposition of such special
or local assessments.

Third: Subject to the provisions of the Constitution of Virginia, and
of this charter; to contract debts, borrow money, and make and issue
evidences of indebtedness and to expend the moneys received therefor for
all lawful purposes.

Fourth: To establish a market in and for said city, provide for the
appointment of proper officers thereof, to prescribe and enforce such
regulations as shall be necessary and proper therefor.

Fifth: To acquire, by purchase, devise, condemnation or otherwise,
property, real or personal, or any estate or interest therein within or with-
out said city, and for any of the purposes of the city, and to hold, im-
prove, sell, lease, mortgage, pledge or otherwise dispose of the same
or any part thereof; to acquire in any lawful manner for the purpose of
encouraging commerce and manufacture, lands within and without the
city, not exceeding at any one time five thousand acres in the aggregate
and from time to time to erect thereon such buildings and structures as
in the judgment of the council can be used advantageously in developing
its water and power resources; and to this end the council, after a ref-
erendum, may issue obligations of the city in such form as the council
may prescribe.

ixth: To acquire in any lawful manner within any county of the
State, such water, lands and lands under water as the council of the said
city may deem necessary for the purpose of providing an adequate water
and power supply for said city and of piping or conducting the same; to
lay all necessary mains; to erect and maintain all necessary dams, pump-
ing stations, water mains, power lines and other works in connection
therewith, to make reasonable rules and regulations for promoting the
purity of its said water supply and for protecting the same from pollution ;
and for this purpose to exercise full police powers and sanitary control
over all lands comprised within the limits of the watershed tributary to
any such water supply wherever such lands may be located in this State;
to impose and enforce adequate penalties for the violation of any such
rules and regulations, and to prevent by injunction any pollution or
threatened pollution of such water supply and any and all acts likely to
impair the purity thereof; and to acquire lands or materials for any such
use. For any of the purposes aforesaid said city may, if the council shall so
determine, acquire by condemnation, purchase or otherwise, any estate or
interest in such lands or any of them, or the right of easement therein, or
may acquire such lands or any of them in fee, reserving to the owner or
owners thereof such rights or easements therein as may be prescribed
in the ordinance providing for such condemnation or purchase. The
said city may sell or supply to persons, firms, or industries residing or lo-
cated outside of the city limits any surplus of water it may have over and
above the amount required to supply its own inhabitants. |

Seventh: To establish and enforce rates and charges for all public
utilities or other service, products or convenience, operated, rendered or
furnished by the city. To employ necessary competent inspectors to in-
spect the reservoirs, watersheds, filtering plants, pumps and pumping
machinery and all other equipment of and all sources of water supply
which may furnish water for domestic purposes or use in the homes of the
inhabitants of the city.

Eighth: To regulate the services to be rendered and rates to be
charged by buses, motor cars, cabs and other vehicles for the carrying
of passengers and by vehicles for the transfer of baggage, and to do all
things whatsoever to make said streets and highways safe, convenient
and attractive.

Ninth: To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, in order to facilitate public travel to
and from said city and its suburbs and to and from said city and any
property owned by said city and situated beyond the corporate limits
thereof, and to acquire land necessary for such purpose by condemnation
or otherwise.

Tenth: To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to acquire and operate re-
duction or other plants for the utilization or destruction of such materials
or any of them; or to contract for and regulate the collection and disposal
thereof. |

Eleventh: To compel the abatement and removal of all nuisances
within said city, or upon property owned by the city, beyond its limits;
to require all lands, lots and other premises within the city to be kept
clean, sanitary and free from weeds and all manner of rubbish; to regulate
or prevent slaughter houses or other noisome or offensive business with-
in the said city, the keeping of animals, poultry or other fowls therein, or
the exercise of any dangerous or unwholesome business, trade, or em-
ployment therein; to regulate the transportation of all articles through
the streets of the city; to compel the abatement of smoke and dust, and
prevent unnecessary noise therein ; and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, comfort,
safety, convenience and welfare of the inhabitants of the city.

Twelfth: If any ground in the said city shall be covered by stagnant
water or if the owner or occupant shall permit any offensive, unsanitary,
or wholesome substance to remain or accumulate thereon, the said council
may cause such ground to be filled up, drained or may cause such sub-
stances to be covered or removed therefrom, provided, that reasonable
notice shall be first given to the said owner or occupant or his agent. In
case of unoccupied property of non-resident owners who have no agent in
said city, such notice shall be given by publication for not less than once
a week for two consecutive weeks in any newspaper published or having
a general circulation in said city.

Thirteenth: To direct the location of all buildings for storing gun-
powder or other explosive or combustible substances, and to regulate or
prohibit the sale and use of dynamite, gunpowder, firecrackers, and all ex-
plosive or combustible materials, the exhibition of fireworks, the dis-
charge of firearms, the making of bonfires and the carrying of concealed
weapons. , :
Fourteenth: To prevent the running at large in said city of all
animals and fowls, and to regulate the keeping or raising of same with-
in said city, and to subject the same to such levies, regulations and taxes
as it may deem proper.

Fifteenth: To inspect, test, measure and weigh, any commodity or
article for consumption or use within the city, and to establish, regulate,
license and inspect weight meters, measures and scales.

Sixteenth: To extinguish and prevent fires and to compel citizens
to render assistance to the fire department in case of need, and to estab-
lish, regulate and control a fire department or division, to regulate the
size, materials and construction of buildings, fences and other structures
hereafter erected in such manner as the public safety and convenience
may require, to condemn, remove or require to be removed, any building,
structure or addition thereto which by reason of dilapidation, defect of
structure, or other causes, may have become dangerous to life, health,
public safety or property, or which may be erected contrary to law; to
establish and designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, moved into, added to, or en-
larged and to direct that any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick, iron or
other fireproof material.

Seventeenth: To provide for the care, support and maintenance of
orphans, children of indigent parents and of indigent sick, aged, insane,
or poor persons and paupers.

Eighteenth: To provide and maintain, either within or without the
city, charitable, recreative, curative, corrective, detentive, or penal institu-
tions.

Nineteenth: To establish, organize and administer public libraries
and public schools, subject to the general laws establishing a standard of
education for the State.

Twentieth: To prevent persons having no visible means of support,
paupers and persons who may be dangerous to the peace and safety of the
city from coming to said city from without the same and to expel there-
from any such persons who have been in said city less than one year.

Twenty-first: To provide for the preservation of the general health
of the inhabitants of said city, make regulations to secure the same, in-
spect all food and foodstuffs and prevent the introduction and sale in said
city of any article or thing intended for human consumption which is
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; prevent the introduction or spread of con-
tagious or infectious diseases, and prevent and suppress diseases general-
ly; to provide and regulate hospitals within, or those without the city
limits, serving the inhabitants of said city, and to enforce the removal
of persons afflicted with contagious or infectious diseases to hospitals,
State or private institutions, or places of quarantine provided for them,
to provide for the organizations of a department of health, to have the
powers of a board of health for said city, with the authority necessary for
the prompt and efficient performance of its duties, with power to invest
any or all the officiafs or employees of such department of health, with
such powers as the police officers of the city have; to establish a quaran-
tine ground within or without the city limits, and such quarantine regu-
lations against infectious and contagious diseases as the said council or
department of health may see fit, subject to the laws of the State and of
the United States; to provide and keep records of vital statistics and
compel the return of all births, deaths and other information necessary
thereto.

T.wenty-second: To acquire by purchase, gift, devise, condemnation
or otherwise, lands either within or without the city, to be used, kept and
improved as a place for the interment of the dead, and to make and en-
force all necessary rules and regulations for the protection and use there-
of, whether owned by the city or by others; and generally to regulate the
burial and disposition of the dead.

Twenty-third: To do all things necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries of the city or its in-
habitants.

Twenty-fourth: To enact and enforce ordinances pursuant to gen-
eral law to regulate the manufacture, transportation, sale, keeping or stor-
ing for sale, advertising or exposing for sale, receiving, giving away, or
dispensing ardent spirits, and to provide and enforce such penalties for
the violation of such ordinances as may be permitted by general laws.

Twenty-fifth: To enjoin and restrain the violation of any city ordi-
nance or ordinances although a penalty is provided upon conviction of
such violation.

Twenty-sixth: To prescribe and regulate the routes in and through
the city to be used by motor vehicle carriers and to prescribe different
routes for different carriers and to regulate motor vehicle traffic in such
manner as may be deemed necessary for the general welfare.

Twenty-seventh: To regulate the time for filing of returns of all
classes of property subject to taxation by said city, and assess penalties in
enforcing the same; and to require the commissioner of revenue to assess
property upon the failure of taxpayers to file returns, as directed by coun-
cil or in the absence of such direction, then as provided by general law.

Twenty-eighth: To appoint a collector of delinquent taxes and to
prescribe his powers, duties, compensation and term of office.

Twenty-ninth: Subject to the provisions of the Constitution and
the general laws of the State to grant franchises for public utilities.

Thirtieth: To exercise full police powers and to establish and main-
tain a department or division of police.

Thirty-first: To accept grants, gifts, and aid from the Government
of the United States, the State of Virginia and from all persons, associa-
tions, corporations and individuals.

Thirty-second: And in general to exercise all of the rights, powers
and privileges heretofore or hereafter conferred upon cities by the Con-
stitution and laws of Virginia.

Section 3. Power of eminent domain.—In order to carry out ef-
fectually the powers conferred by this charter, the City of Radford is
hereby expressly authorized to acquire by condemnation proceedings
instituted in the corporation court of the City of Radford, Virginia, if the
subject lies or is situated within the city, or if not within the city, in the
circuit court of the county in which lies such subject, such lands or any
interest therein, any right, easement or estate of any person or corpora-
tion therein as the city may need for its proper purposes. If the subject
is situated partly within the city and partly within a county, the circuit
court of such county shall have concurrent jurisdiction in such condem-
nation proceedings with the court of the City of Radford hereinbefore
mentioned, which condemnation proceedings shall conform to and be
conducted in accordance with the general laws of the State applicable
to condemnation by cities. .
Section 4. Creation and powers of the council_—There 1s hereby
created a city council which shall have full power and authority, except
as herein otherwise specifically provided, to exercise all of the powers
conferred upon the city, and to pass all laws and ordinances relating to
its municipal affairs, subject to the Constitution and general laws of the
State and of this charter, and shall have full control of all fiscal and
municipal affairs of the city and all of its real and personal property and
may from time to time amend, re-amend or repeal any or all of the
ordinances, for the proper regulation, management and government of
the city and may impose fines and penalties for the violation or non-
observance thereof. It shall by ordinance or resolution fix the salaries
of all officers and employees of the city elected or appointed by it, or ap-
pointed by its authority or their rates of pay, and may so far as is not in-
consistent with the provisions of this charter, define the powers and pre-
scribe the duties of all such officers and employees. To effectuate the
powers conferred by general law as well as the powers herein specifically
granted, the council may employ all such persons as may be necessary.
Section 5. Composition of council; vacancies.—The council shall
consist of five members, who shall be elected at large and shall serve for
a term of four years from the first day of September next following the
date of their election and until their successors have been elected and
qualified, provided, that at the first election hereunder, three (3) council-
men shall be elected to succeed those whose terms expire on the thirty-
first day of August, nineteen hundred forty-six, and at the next election
two (2) councilmen shall be elected to succeed those whose terms expire
on the thirty-first day of August, nineteen hundred forty-eight. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason of the expiration of the
terms of office or removal of the members of the body, or any of them.
Vacancies in the counci) shall be filled within thirty days, for the unex-
pired term, by a majo1:ty vote of the remaining members ; provided, that
if the term of office to be filled does not expire for two years or more
after the next regular election for councilmen, following such vacancy and
such vacancy occurs in time to permit it, then the council shall fill such
vacancy only for the period then remaining until such election, and a
ualified person shall then be elected by the qualified voters and shall
rom and after the date of his election and qualification succeed such ap-
pointee and serve the unexpired term, the number of candidates equal
to the numbers of vacancies to be filled for full terms receiving the highest
660 ACTS OF ASSEMBLY [vA., 194¢

number of votes shall be entitled to such full terms and the candidate
receiving the next highest number of votes shall be entitled to the umnex-
pired term caused by such vacancy.

Section 6. Qualification of members; conduct of candidates-—Any
person qualified to vote in the city shall be eligible to the office of coun-
cilman therein.

Section 7. Compensation, oath of councilmen and mayor—Each
member of the council shall receive, subject to the provisions of this
charter, a salary of not exceeding fifty dollars ($50.00) per month, except
the president, whose salary shall be not exceeding sixty-five dollars
($65.00) per month, such salaries shall be paid in monthly or in equal
semi-monthly installments, as salaries of other city officials are paid, an
before entering upon the performance of their duties they shall take the
oath prescribed by law.

ection 8. Limitation of the powers of the council—Neither the
council nor any of its members, shall dictate the appointment of any
person to office or employment by the city manager, or in any manner
interfere with the city manager, or prevent him from exercising his own
judgment in the appointment of officers or employees in the admmnistra-
tive service. Except for the purpose of inquiry, the council and its mem-
bers shall deal with the administrative service solely through the city
manager and neither the council nor any member thereof, shall give oF
ders to any of the subordinates of the city manager either publicly or
privately. ,

Section 9. Officers elective by council, rules—The council shall on
the first business day in September next following the regular municipal
election, or as soon thereafter as may be practicable, elect one of its mem-
bers to preside over its meetings, who shall be entitled president, and who
shall be ex-officio mayor, and shall also elect another member to be vice-
president of the council who shall be ex-officio vice-mayor, each of whom
shall serve for a period of two years from the first day of the September
in which such election is held and until their successors have been elected
and have qualified. The council shall also elect a city manager, 4 “Ity
clerk, a city auditor (the duties of both offices, city clerk, and city auditor.
may in the discretion of the council be imposed on one individual ) , a civil
and police justice, and a substitute civil and police justice.

The council shall also appoint the members of such boards and
commissions as are provided for in this charter or as are established by the
council or by general law.

The council shall select the following officers: a city attorney and a
city physician, and the council may if it deems necessary select a clerk
of the civil and police justice court, and may combine the duties of clerk
of the civil and police justice court with those of the substitute civil and
police justice. No other justices shall be appointed or elected for the city,
except those provided for in this charter.

All elections by the council shall be viva voce and the vote recorded
in the journal of the council.

The council may determine its own rules of procedure, may punish
its members for misconduct and may compel the attendance of maembers
in such manner and under such penalties as are prescribed by ordinance.
It shall keep a journal of its proceedings. A majority of all the members
of the council shall constitute a quorum to do business, but a smaller
number may adjourn from time to time.

No person now a member or who is hereafter elected to the council,
shall, during his tenure of office as such member, or for one year there-
after, be eligible to any office to be filled by the council by election or ap-
pointment.

Section 10. Elections of council, when held, terms, et cetera.—The
council shall, in the first Tuesday in September, nineteen hundred forty-
six (or as soon thereafter as may be practicable) and every two years
thereafter elect a civil and police justice, and a substitute civil and police
justice, all of whom shall be residents of the City of Radford, and if the
council deems it necessary, may, as provided in the preceding section,
elect a clerk of the civil and police justice court ; each of whom shall serve
for a term of two years from the first day of November next following
the date of his election and until his successor shall have been elected and
qualified. The council shall also elect, a city attorney for a period of two
years and shall fix his salary and shall also elect a city clerk and a city
auditor, the last two offices may be filled by one person; and may by
ordinance fix the tenure of their terms of office or employment; failure
to fix such tenure, the same shall be construed to be at the will of the
council.

The removal from the city of any of the foregoing officers elected
by the council shall vacate the office held by him.

Section 11. Meetings of council—On the first business day in
September (or as soon thereafter as may be practicable), next following
the regular municipal election, the council shall meet at the usual place for
holding meetings of the legislative body of the city for the purpose of
organizing for the ensuing term. Thereafter the council shall meet at
such times as may be prescribed by ordinance or resolution. The presi-
dent of the council, any member thereof, or the city manager, may call
special meetings of ‘the council at any time may then upon notice to each
member, or such meeting may be held at any time without notice, pro-
vided, all members of the council attend. All meetings of the council
shall be public, except where the public interest may require executive
sessions, and any citizen may have access to the minutes and records of
all public meetings at all reasonable times.

Section 12. Legislative procedure——Except in dealing with ques-
tions of parliamentary procedure the council shall act only by ordinance
or resolution, and all ordinances except ordinances making appropria-
tions, or authorizing the contracting of indebtedness or issuance of bonds
or other evidences of debt, shall be confined to one subject, which shall
be clearly expressed in the title. Ordinances making appropriations or

other obligations and appropriating the money to be raised thereby shall
be confined to those subjects respectively.

The enacting clause of all ordinances passed by the council shall be
“Be it ordained by the council of the City of Radford”. No ordinance,
unless it be an emergency measure, shall be passed until it has been read
at two regular meetings not less than three days apart, or the require-
ment of such reading has been dispensed with by the affirmative vote of
four of the members of the council. No ordinance or section thereof
shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section as revised
or amended. The ayes and nays shall be taken upon the passage of all
ordinances or resolutions and entered upon the journal of the proceed-
ings of the council and every ordinance or resolution shall require, on
final passage, the affirmative vote of at least three of the members. No
member shall be excused from voting except on matters involving the con-
sideration of his official conduct, or where his financial or personal in-
terests are involved.

In authorizing the making of any public improvement or the acquis!-
tion of real estate or any interest therein, or authorizing the contracting
of indebtedness, (except temporary loans in anticipation of taxes or reve-
nues or of the sale of bonds lawfully authorized) ; or authorizing the sale
of any property or rights in property of the City of Radford, or granting
any public utility franchise, privilege, lease or right of any kind to use
public property or easement of any description or any renewal, amend-
ment or extension thereof, the council shall act only by ordinances, pro-
vided, however, that after such ordinances shall have taken effect, all
subsequent proceedings incident thereto and providing for the carrying
out of the purposes of such ordinance may, except as otherwise provided
in this charter, be taken by resolution of the council.

Section 13. Emergency measures.—All ordinances and resolutions
passed by the council shall be in effect from and after thirty days from
the date of their passage, except that the council may, by the affirmative
vote of four of its members, pass emergency measures to take effect any
time indicated therein. Ordinances appropriating money for any emer-
gency may be passed as emergency measures, but no measure providing
for the sale or lease of city property, or making a grant, renewal, or
extension of a franchise or other special privilege, or regulating the rate
to be charged for its service by any public utility, shall be so passed.

Section 14. Record of ordinances and resolutions.—Every ordi-
nance or resolution upon its final passage shall be recorded in a book
kept for the purpose, and shall be authenticated by the signature of the
presiding officer and the city clerk.

Section 15. Ordinances and resolutions, et cetera, as evidence.—A
record of entry made by the city clerk of a copy of such record or entry
duly certified by him shall be prima facie evidence of the terms of the
ordinance, resolution, record or entry and its adoption. All ordinances
and resolutions of the council may be read in evidence in all courts and
in all other proceedings in which it may be necessary to refer thereto,
either from a copy thereof certified by the city clerk or from the volume of
ordinances printed by authority of the council.

Section 16. President of the council.—The president of the council
shall preside at meetings of the council and perform such other duties
consistent with his office as may be imposed by the council. He shall be
entitled to a vote, but shall possess no veto power. He shall be rec-
ognized as the official head of the city for all ceremonial purposes, by the
courts for the purpose of serving civil process, and by the Governor for
military purposes. He may use the title of mayor in any case in which
the execution of contracts or other legal instruments in writing, or other
necessity arising from the general laws of the State may so require; but
this shall not be construed as conferring upon him the administrative or
judicial functions, or other powers or functions, of a mayor, under the
general laws of the State. In time of public danger or emergency he
may, with the consent of the council, take command of the police and
maintain order and enforce the laws, and for this purpose may deputize
such special policemen as may be necessary. During his absence or dis-
ability his duties shall be performed by the vice-president of the council.

The powers and duties of the president of the council shall be such
as are conferred upon him by this charter, and by general law, together
with such others as may be conferred by the council in pursuance of the
provisions of general law and of this charter.

Section 17. Time of holding municipal elections—A municipal
election shall be held on the second Tuesday in June, nineteen hundred
forty-six, and every second year thereafter, which shall be known as the
regular election for the election of councilmen. —

Section 18. Method of conducting municipal elections——The can-
didates at any regular municipal election for the election of councilmen,
equal in number to the places to be filled, who shall receive the highest
number of votes at such election, shall be declared elected.

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and no
elector shall in such elections cast more than one vote for the same per-

son.

Section 19. Election of other officers.—There shall be elected by
the qualified voters of said city, on the Tuesday after the first Monday in
November, nineteen hundred forty-nine, and quadrennially thereafter,
the following officers: One attorney for the Commonwealth, one com-
missioner of revenue, one city treasurer, one city sergeant and one con-
stable, who shall hold their offices for a term of four years from the first
day of January ensuing their election and until their successors are duly
elected and qualified, unless sooner removed from office, and there shall
be elected by the qualified voters of said city on the Tuesday after the
first Monday in November, nineteen hundred fifty-two and every eight
years thereafter, one clerk of the corporation court of the City of Radford,
whose terms shall begin and end as is now, or may hereafter be, pre-
scribed by general law.

Section 20. General provisions relating to elections, elections, how
conducted.—All elections provided for in this charter, except as other-
wise provided herein, shall be conducted, and the result canvassed and
certified by the regular selection of officials provided for by the general
election laws of the State and all such elections shall be governed by such
general election laws.

Section 21. The city manager, appointment, qualifications, et
cetera.—The city manager shall be the administrative and executive head
of the municipal government. He shall be chosen by the council without
regard to his political beliefs and solely upon the basis of his executive
and administrative qualifications. He shall be appointed for an indefinite
period and shall hold office during the pleasure of the council, or for a
term of two years, if the council so provides, unless sooner removed by
the council upon proven charges preferred for malfeasance or misfeasance,
neglect of duty or incompetency. And the council may reappoint said
city manager for a term not exceeding four years, but who shall be sub-
ject at all times to be removed by the council on proven charges of mal-
feasance, misfeasance, neglect of duty or incompetency. He shall re-
ceive such compensation as shall be provided by the council by ordinance
or resolution. He shall be bonded as the council may deem necessary.
During the absence or disability of the city manager or in case of a va-
cancy, the council may designate some properly qualified person to per-
form the duties of the office during such absence, disability or vacancy.

Section 22. Powers and duties of the city manager.—The city
manager shall be responsible to the council for the efficient administration
of all officers of the city elected, appointed or designated by council or by
its authority. He shall have powers and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) Except as otherwise provided in this charter to appoint such
city officers and employees, as the council shall determine and authorize,
as are necessary for the proper administration of the affairs of the city,
with the power to discipline and remove any such officer or employee,
but he shall report each appointment and removal to the council at the
next meeting thereof following any such appointment or removal. Any
person so removed shall have right of appeal to the council within thirty
days after his removal and after notice to the city manager and the action
of the council on such appeal shall be final.

(c) To attend all meetings of the council, with the right to take part
in the discussion, but having no vote.

(d) To recommend to the council for adoption such measures as he
may deem necessary or expedient.

(e) To make reports to the council from time to time upon the
affairs of the city and to keep the council fully advised of the city’s finan-
cial condition and its future financial needs.

({) To prepare and submit to the council a tentative budget for the
next fiscal year as provided by general law and by section thirty-two of
this charter.

(gz) To perform such other duties as may be prescribed or requested
by council.

Section 23. Investigation—The council, the city manager and any
other officers, boards or commissions, authorized by them or either of
them shall have power to make investigations as to city affairs and for
that purpose to subpoena witnesses, administer oaths, and compel at-
tendance and the production of books and papers.

Section 24. Creation of departments.—The council may, by ordi-
nance, create administrative departments, and when such departments are
created, may define the functions which such departments are to admin-
ister, may provide for the appointment of heads for such departments
and define their duties and responsibilities.

Section 25. City clerk.—The city clerk shall be elected at the time
in the manner and for the term provided by sections nine and ten of this
charter. He may by and with the consent of the council appoint one
deputy and such number of assistants as may be provided for by ordi-
nance. He shall be the clerk of the council, shall keep a record of its
proceedings, and either he or his deputy shall attend all meetings thereof.
He shall keep all books and papers which by the provisions of this charter
or by discretion of the council, or by general law, are required to be kept
by or filed with him. He shall be the custodian of the city seal, and shall
affix and attest the same when so directed by the council. He shall
transmit copies of all ordinances or resolutions to such officers and per-
sons as are particularly affected thereby. He shall give information to
persons presenting communications or petitions to the council of the final
action of the council thereon. He shall, except as otherwise expressly
provided in this charter, publish or cause to be published, all reports,
ordinances and other documents required by law to be published, and
also such other reports as the council of the city may by ordinance or reso-
lution direct. He shall perform such other duties as are required by this
charter, and in general shall perform such acts and duties as the council
shall by ordinance or resolution require of him. Any of the duties of
said city clerk may be performed by his deputy. The city clerk and his
deputy shall receive such compensation as the council may by ordinances
or resolution provide and give such bond as the council may by ordinance
require.

Section 26. City auditor—The city auditor shall be elected at the
time, in the manner, and for the term provided by section nine and ten
of this charter, and shall give such bond as the council may require. He
shall receive such compensation as the council may provide.

(a) The said auditor shall have charge and control of the keeping
of all accounts and financial records of the City of Radford, wherein shall
be stated, among other things, the appropriations for the year for each
distinct object and branch of expenditures, and also the receipts from
each and every source of revenue, so far as it can be ascertained. All
of such accounts and financial records shall ‘be subject to the examination
of the city manager and members of the city council, or other persons re-
quired by order of the city manager or the council to make such examina-
tion.

(b) The said auditor shall be charged with and exercise a general
supervision over all the officers and employees of the city charged in any
manner with the assessment, receipt, collection, or disbursement in the
city revenue, and the collection and return of such revenues into the city
treasury; and prescribe such system and regulation necessary for the
better reporting and accounting for all city revenue and receipts.

(c) The said auditor shall have the power to examine and audit
all accounts, claims and demands for or against the city; and no money
shall be drawn from the treasury or paid by the city to any person, ex-
cept, as herein otherwise provided, unless the balance due and payable be
first settled and adjusted by the said auditor; and for the purpose of as-
certaining the true state of any balance or balances so due, he shall have
and he is hereby clothed with full power and authority to administer
an oath or oaths to the claimant or claimants, or any other persons or per-
son, whom he may think proper to examine as to any fact, matter or thing
concerning the correctness of any account, claim or demand presented
and the person so sworn shall, if he swears falsely, be guilty of perjury,
and be subject to the punishment prescribed by law.

(d) The said auditor shall draw a warrant on the treasury for all
money found to be due and payable to any person, stating the particular
fund or appropriation to which the same is chargeable and the person
to whom payable; and no money shall be drawn from the treasury except
on the warrant of the auditor as aforesaid, countersigned as the council
may by ordinance or resolution direct. But the auditor is forbidden to
issue his warrant for the payment of any money in excess of the appro-
priation on account of which said money is drawn.

(e) It shall be the duty of said auditor, as nearly as may be, to
charge all officers in the receipt of revenues, or money of the city, with
the whole amount, from time to time, of such receipts. He shall also
require of all officers in receipt of city moneys and they shall submit
reports thereof, with vouchers and receipts of payment therefor, into the
city treasury, weekly or monthly, or as often as he shall see fit, to require
the same by a regulation passed by the council; and if any such officer
shall neglect to make adjustment of his accounts, when required, as afore-
said, and to pay over such moneys as received, it shall then be the duty
of said auditor to issue notice in writing directed to such officer and his
sureties requiring him or them within ten days to make settlement of his
accounts with the auditor and to pay over the balance of moneys found
to be due and in his hands belonging to said city, according to the books
of said auditor; and in case of the refusal or neglect of such officer to
adjust his said accounts or pay over said balance to the treasury of the
city, as required, it shall then be the duty of said auditor to make report
of the delinquency of such officer to the city attorney who shall at once
take action to have him suspended from office, and proceed forthwith to
institute the necessary proceedings, for the removal of such officer from
office, and immediately on his removal, institute suit in the name of the
said city against him and his sureties to recover the balance of moneys
so found to be due and in his hands belonging to said city.

(f) The auditor shall make out an annual statement, as soon as
possible after the end of each fiscal year, giving a full and detailed state-
ment of all the receipts and expenditures during the year, which he shall
forthwith file with the city manager and lay the same before the next
meeting of the council.

(zg) In addition to the other duties of said auditor, it is hereby made
his duty, each and every month to make out a monthly statement, giving z#
full and detailed account of all money received, from what sources and on
what account received, and of all moneys ordered to be patd or drawn
by warrant by him. and shall deliver said statement to the city council at
its next meeting. He shall perform such other duties as the council may
require.
Section 27. City attorney —tThe city attorney may be appointed,
elected, or employed at the time, in the manner, and for the term pro-
vided by sections nine and ten of this charter. He shall at the time of his
appointment be a qualified voter in said city and shall have practiced law
in the State of Virginia for at least three years and in the City of Radford
for at least two years. He shall be the legal adviser of and attorney and
counsel for the city and the school board of the city, and defend all suits,
actions and proceedings against the same, and shall prepare all contracts,
bonds and other instruments in writing, in which the city or the school
board of the city are interested or concerned, and shall endorse on each
his approval of the form and correctness thereof, provided that in the
case of bonds to be issued by the city, it shall be sufficient if he certify to
the council his approval thereof as to form in a separate writing, to be
filed and preserved with the records of the council.

The council, the city manager, or any officer, board or commission
may require the written opinion of the city attorney upon any question
of law involving their respective powers and duties.

The city attorney upon request of the council shall apply in the name
of the city to a court of competent jurisdiction for such injunction or
injunctions as may be necessary to restrain and prevent the misapplica-
tion and/or misuse of the funds or property of the city, or the invasion
or abuse of its corporate powers, or the usurpation of authority by the
city official, or the execution or performance of any contract made in be-
half of the city in contravention of law, or which was procured by fraud
or corruption.

When an obligation or contract made on behalf of the city granting
a right or easement or creating a public duty is being evaded or violated,
the city attorney, when directed by council, shall constitute and prosecute
such suit or suits as may be necessary to enforce the forfeiture thereof,
or the specific performance thereof, as the nature of the case may require.

In case any officer, board or commission shall fail to perform any duty
required by law the city attorney upon request of the council shall apply
to a court of competent jurisdiction for a writ of mandamus to compel the
performance of such duty. Wherever the city or the school board shall
purchase or otherwise acquire real estate or any interest therein, unless
other provision is made by the council, the city attorney shall examine
and certify the title thereto before the purchase price thereof shall be paid.
The city attorney shall perform such other duties as may be required of
him by ordinance or resolution of the council, and shall be paid such sal-
ary or compensation as the council may from time to time prescribe.

Section 28. Civil and police justice, election and term.—(1) The
civil and police justice shall be elected at the time, in the manner, and
for the term provided in sections nine and ten of this charter. Such civil
and police justice at the time of his election and during his term of office,
shall reside in the City of Radford, and shall not, during his term of of-
fice, hold any other office of public trust, but he may serve as Juvenile
and Domestic Relations Court Judge.

(2) Oath and bond.—Such civil and police justice, before entering
upon the performance of his duties, shall take the official oath required
by State law, before the corporation court of the city, or the judge thereof
in vacation. He shall also enter into bond in the penalty of two thou-
sand dollars before said corporation court or the judge thereof with surety
to be approved by said court or judge, and conditioned for the faithful
performance of his duties as civil and police justice.

(3) Compensation.—Such civil and police justice shall receive such
salary as the city council may determine, to be paid in monthly or semi-
monthly installments, out of the treasury of the city, and he shall receive
no other compensation for his services as such civil and police justice. His
salary shall not be increased or diminished during his term of office.

(4) Daily sessions, substitute-—The court of such civil and police
justice shall be kept open for the transaction of business every day in the
year, except Sundays and legal holidays. The city council may appoint as
substitute civil and police justice a person, residing in the city, and may
at any time revoke such appointment, and may make a new appointment
in the event of such revocation, or of the death, absence, or disability of
such substitute civil and police justice. In the event of the inability of
the civil and police justice to perform the duties of his office by reason
of sickness, absence, vacation, interest in the claim, proceedings, or parties
before his court or otherwise, such substitute civil and police justice shall
perform the duties of the office during such absence or disability, and
shall receive for his services a per diem compensation equivalent to one-
twentieth of a monthly installment of the salary of the civil and police
justice; payable out of the treasury of the city ; and the city council may,
from time to time, determine whether or not such compensation shall be
deducted from the salary of the civil and police justice. While acting as
such, either the civil and police justice or the substitute civil‘and police
justice may perform said acts with reference to the proceedings and judg-
ments of the other in any warrant, claim or proceedings, before the court
of the civil and police justice in the same manner and with the same force
and effect as if they were his own.

(5) The civil and police justice shall preferably be an attorney at
law qualified and authorized to practice law in this State; the civil and
police justice may also be the judge of the juvenile and domestic
relations court of such city; the jurisdiction, powers, authority and duty
of such civil and police justice shall be the same as are now or hereafter
conferred and imposed upon trial justices in counties by the laws of this
State in civil and criminal matters, and the procedure, removals and ap-
peals shall likewise conform to such laws.

(6) Fees, costs and fines shall be assessed, fixed and collected by
the civil and police justice in the same manner as such fees, fines and
costs are assessed, fixed and collected by trial justices by general law; and
all such fees, costs and fines collected shall be paid into the city treasury
for the use and benefit of the city provided that fines, costs and fees due
to the State shall be paid to the proper official of the State.

(7) Court room, books and stationery.—The city council shall pro-
vide a suitable court room for such civil and police justice, and shall
furnish all necessary furniture, books and stationery. Such books shall
be under the control of the civil and police justice and shall remain the
property of the city.

(8) Removal from office.—The said civil and police justice may be
removed or suspended from office by the corporation court of the city for
malfeasance, misfeasance, incompetency, gross neglect of official duty, or
corruption in office. All proceedings for such removal or suspension
shall be by order of and on motion before the proper court, upon reason-
able notice to the said civil and police justice to be affected thereby, such
officers shall have the right to demand a trial by jury.

(9) Vacancy.—Any vacancy occurring in the office of civil and
police justice shall be filled by the council by election of a person with the
qualifications prescribed in subsection one of this section.

Section 29. Judge of the juvenile and domestic relations court, his
election, qualification, et cetera——On or before November one, nineteen
hundred forty-six, the judge of the corporation court of the city shall ap-
point some person as judge of the juvenile and domestic relations court
in the City of Radford who may be the same person as the civil and po-
lice justice of the city, the person so appointed shall be a qualified voter
of such city and he shall hold office for a term of two years from the first
day of November following his appointment, and until his successor has
been appointed and has qualified, unless sooner removed as provided by
general law. He shall have and possess all the authority and jurisdiction
given judges of juvenile and domestic relations courts in counties by gen-
eral law; and the procedure and removals from his court shall be gov-
ered by general law applicable to such judges in the counties in the State.
Provided, that should a vacancy occur in said office prior to November
first, nineteen hundred forty-six, the said judge shall fill such vacancy for
the remaining period. The judge of the juvenile and domestic relations
court shall receive such compensation as the council may by ordinance
or resolution prescribe. He shall take the oath prescribed by law and
give such bond as the council may require.

Section 30. Police force——The police force shall be composed of a
superintendent or chief of police and of such officers, patrolmen and other
employees as the council may determine. The superintendent or chief of
police shall have the immediate direction and control of the said force,
subject, however, to the supervision of the city manager and to such
rules, regulations and orders as the said city manager may prescribe.
The superintendent or chief of police shall issue all orders, rules and regu-
lations for the government of the whole force. In case of the disability
of the superintendent or chief of police to perform his duties by reason of
sickness, absence from the city or other cause, the city manager shall
designate some member of the police force to act as superintendent or
chief of police during such disability, and the officer so designated shall
serve without additional compensation. The members of the police force
shall be appointed and may be removed by the city manager. Each
member of the said force, both rank and file shall have issued to him a
warrant of appointment signed by the city manager, in which the date of
his appointment shall be stated, and such warrant shall be his commission.
Each member of the said force shall, before entering upon the duties of his
office, take and subscribe an oath before the clerk of the corporation court
that he will faithfully without fear or favor perform the duties of his of-
fice, and such oath shall be filed with the clerk of said court and pre-
served with the records of his office. And in addition, the several officers
of the said force shall, if so required by the council, give bond in such
penalty and with such security as the council may by ordinance prescribe.

No person except as otherwise provided by general law or by this
charter shall act as special police, special detective or other special police
officer for any purpose whatsoever, except upon written authority from
the city manager ; such authority when conferred, shall be exercised only
under the direction and control of the superintendent or chief of police and
for a specified time, provided, however, that the council may from time to
time designate the maximum number of such special police, special detec-
tives or other special police officers.

The officers and privates constituting the police force of said city
shall be, and they are, hereby vested with all of the power and authority
which pertains to the office of constable at common law in taking cogniz-
ance of and in enforcing criminal laws of the State and the ordinances
and regulations of said city and it shall be the duty of each such officer
and private to use his best endeavors to prevent the commission within
the said city of offenses against the laws of said State, and against the
ordinances and regulations of said city; to observe and enforce all such
laws, ordinances and regulations; to detect and arrest offenders against
the same; to preserve the good order of said city and to secure the in-
habitants thereof from violence and the property therein from injury.
Such policemen shall have no power or authority in civil matters, but
shall execute any criminal warrant or warrant of arrest and summons in
criminal cases that may be placed in his hands, by any justice of the
peace of the city and shall make due return thereof.

The city manager shall prescribe the uniforms and badges for the
members of the police force, and direct the manner in which the members
of said force shall be armed. Any person other than a member of said
force who shall wear such uniform or badge as may be prescribed as
aforesaid, may be subjected to such fine or imprisonment, or both, as may
be prescribed by the council by ordinance.

Section 31. Fire force.—The fire force shall be composed of a chief
and such other officers, firemen and employees as the council may deter-
mine. The fire chief shall have immediate direction and control of the
said force, subject, however, to the supervision of the city manager, and
to such rules and regulations and orders as the said city manager may
prescribe. The city manager shall issue all orders, rules and regulations
for the government of the whole force. The members of the fire force
shall be appointed by the city manager and may be removed by him. The
city manager shall make report to council of each appointment and re-
moval, provided, however, that in case of riot, conflagration, or emer-
gency, the city manager may appoint additional firemen and officers for
temporary service.

The chief of the fire department and his assistants are authorized to
exercise the powers of police officers while going to, attending or return-
ing from any fire or alarm of fire. The fire chief and each of his assist-
ants shall have issued to him a warrant of appointment signed by the city
manager in which the date of his appointment shall be stated, and such
warrant shall be his commission. The city manager shall prescribe the
uniform and badges for the members of the fire force.

Whenever any building in said city shall be on fire it shall be lawful
for the chief of the fire department to order and direct such building or
any other building which he may deem hazardous and likely to com-
municate fire to other buildings, or in any part of such buildings, to be
pulled down or destroyed; and no action shall be maintained against
said chief or any person acting under his authority or against the city
therefor. But any person interested in the property so destroyed may
within one year thereafter apply in writing to the council to assess and
pay the damages he has sustained. The council may thereupon pay to
the claimant such sum as may be agreed upon between him and the
council. If no agreement be effected, such claimant may give to the city
attorney of said city ten days’ written notice of his intention to apply to
the corporation court of the city for the appointment of commissioners to
ascertain and assess his said damage. Upon it appearing that such notice
has been given, the corporation court of said city shall appoint five dis-
interested freeholders, residents of said city, any three or more of whom
may act, for the purpose of ascertaining and assessing the amount of such
damages. Thereupon the said commissioners shall proceed to ascertain
and assess the amount of such damage in the same manner as is now or
may hereafter be provided by law in the case of taking private property
for public use, and the procedure upon the filing of the report of said com-
missioners shall conform as nearly as may be to the procedure under the
statutes of Virginia relating to eminent domain.

Section 32. Annual budget.—At least sixty days before the end
of each fiscal year, the city manager shall prepare and submit to the
council an annual budget for the ensuing fiscal year, based upon detailed
estimates furnished by the several officers of the city government, ac-
cording to classification as nearly uniform as possible. The budget shall
present the following information :

(a) An itemized statement of the appropriations recommended,
with comparative statement in parallel columns, showing appropriations
made for the then current and next preceding year.

(b) An itemized statement of the taxes required and of the esti-
mated revenues of the city from all other sources for the ensuing fiscal
year, with comparative statements in parallel columns of the taxes and
other revenues for the then current and next preceding year, and of the
increases or decreases estimated or proposed.

(c) A fund statement showing the conditions of the various ap-
propriations, the amount of appropriations remaining unencumbered, and
the amount of revenues remaining unappropriated.

(d) Explanatory text, relative to the conditions, reasons, et cetera,
connected with the estimates for the ensuing year, also a work program
showing the undertakings to be begun and those to be completed during
the next year and each of several years in advance.

(e) A statement of the financial conditions of the city, and
(f) Such other information as may be required by the council.

Section 33. Annual appropriation.—At least every thirty days be-
fore the end of each fiscal year, the council shall adopt a budget for the
ensuing fiscal year and pass an annual appropriation ordinance which
shall be based on the budget so adopted and shall levy such tax for the
ensuing fiscal year as in its discretion shall be sufficient to meet all just
demands against the city or any account, subject, however, to the pro-
visions and limitations contained in section forty-four of this charter.

Section 34. Fiscal year, maturing of local levies, et cetera—The
council may determine when the fiscal year of the city shall begin and end,
and may change the same from time to time. The council may also deter-
mine when city licenses, taxes and other local levies shall be payable and
may by ordinances, make the same payable in equal semi-annual install-
ments, and/or city license taxes aggregating fifty dollars or more per
year levied or assessed against any one person, firm or corporation, in
quarterly payments, and prescribe penalties for nonpayment thereof on
time. For the purpose of reducing the amount of money borrowed by the
city on short term notes and on tax anticipation certificates, the said city
shall have the power to allow a discount on taxes paid in advance, to be
fixed by ordinance, but which discount shall not exceed a sum equal to six
per centum per annum for the period of such anticipated ‘payment.

Section 35. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment, at any time within the
year, of any work, improvement, or other object for which a specific
appropriation has been made, the unencumbered balance of each appro-
priation shall revert to the respective fund from which it was appropri-
ated and shall be subject to further appropriation. No money shall be
drawn from the treasury of the city nor shall any obligation for the ex-
penditure of money be incurred except pursuant to appropriations made
by the council.

Section 36. City treasurer.—The city treasurer, shall be elected at
the time, in the manner and for the term provided in section nineteen of
this charter. He shall take the oath prescribed by law and shall give
bond in such sum as the council may by ordinance prescribe, but not less
than thirty thousand dollars nor more than one hundred thousand dollars,
with surety to be approved by the council, conditioned for the faithful
discharge of his official duties in relation to the revenues of the city, and
of such other official duties as may be imposed upon him by general law
and by this charter and the ordinances of the city. He shall collect and
receive all city taxes, levies, assessments, license taxes, rents, school
funds, fees and other revenue or moneys accruing to the city, except
such as council shall by ordinance make it the duty of some other officer
to collect, and for that purpose shall be vested with any and all powers
which are now or may hereafter be vested in said city treasurer as collec-
tor of State taxes. He shall be the custodian of all public money of the
city, and all other money coming into his hands as city treasurer. It
shall be the duty of the said city treasurer to conduct all of the proceed-
ings and render all services necessary to perfect the sale and transfer of
real estate in said city, where the same shall be sold or advertised for
sale for the non-payment of any taxes or assessments imposed by the
council. He shall perform such other duties, have such powers and be
liable to such penalties as are now or may hereafter be prescribed by
general law or ordinance. For such service the city treasurer shall re-
ceive such compensation as may be fixed under the provisions of general
law. ,

Section 36-a. The council may appoint a commissioner of the sink-
ing fund of the city and may appoint the treasurer of the city or some
other person as such commissioner. The council may further prescribe
the powers, duties, and compensation of such commissioner and may re-
quire, and fix the amount thereof, a bond of such commissioner condi-
tioned upon the faithful discharge of his duties.

Section 37. Commissioner of revenue.—The commissioner of reve-
nue shall be elected at the time, in the manner and for the term provided
in section nineteen of this charter. He shall give bond in such sum as the
council may by ordinance prescribe, not to exceed five thousand dollars,
with surety to be approved by the council, conditioned for the faithful
performance of all of his duties under the general law, and this charter,
and under any ordinances of the city. He shall perform such duties not
inconsistent with the laws of the State in relation to the assessment of
property and licenses as may be required by the council for the purpose
of levying city taxes and licenses. He shall have power to administer
such oaths as may be required by general law or by the council in the
assessment of licenses, taxes or other taxes for the city. He shall make
such report in regard to the assessment of both property and licenses,
or either, as may be required by the council. For all such services the
said commissioner of the revenue shall receive such compensation as may
be fixed under the provisions of general law.

Section 37-a. The attorney for the Commonwealth, the clerk of
the corporation court for the City of Radford, the city sergeant and the
constable shall be elected at the time, in the manner and for the terms
provided in section nineteen of this charter. Such officers shall perform
such duties as may be required of them respectively by general law, and
in addition, shall perform such other duties as the city may require of
them respectively by ordinance not in conflict with the laws of this State.
The constable shall, in civil cases, have the power and perform the duties
and be subject to the same penalties as are prescribed by law for con-
stables in cities in this State; the compensation of the constable shall be
fixed by the council.

Section 38. Vacancies in the elective offices.—In case of any va-
cancy in office of the elective offices of the city, the same shall be filled
as provided by general law.

Section 39. Actions against the city for damages.—No action shall
be maintained against the said city for damages for any injury to any
person or property, alleged to have been sustained by reason of the negli-
gence of the city, or any officer, agent or employee thereof, unless a writ-
ten statement, verified by the oath of the claimant, his agent or attorney,
of the nature of the claims 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 of said city, within ninety days after such cause of ac-
tion shall have accrued.

Section 40. Refunding bonds.—The council shall have the authority
to issue bonds for the purpose of refunding, so far as is necessary, any
bonds of the city at maturity, but no such refunding bonds shall be issued
for a greater period than thirty years. Such refunding bonds shall be
sold by the council, and the proceeds from such sale shall be used for the
purpose of paying the maturing bonds and for no other purpose. Such
refunding bonds shall be signed and executed in the same manner as
other bonds.

Section 41. (1) For the execution of its powers and duties the
city council may, in the name of and for the use of the city, contract loans
or cause to be issued certificates of debt or bonds, provided no such cer-
tificate of debt or bonds shall be issued except by a two-thirds vote of the
qualified members elected to council, ratified by a majority of the quali-
fied voters voting on the question; but such bonds, certificates, or loans
shall not be irredeemable for a period greater than thirty-four years;
provided further that said council shall not contract said loans or issue
such certificates of debt or bonds for the purpose of subscribing to the
stock of any company incorporated for a work of internal improvement
or other purpose, without first being authorized so to do by three-fourths
of the freehold voters voting on the question; provided further that the
council shall not issue any bonds or other interest-bearing obligations for
any purpose, or in any manner to an amount which, including existing
indebtedness, shall at any time, exceed eighteen per centum of the assessed
valuation of the real estate in the City of Radford subject to taxation, as
shown by the last preceding assessment for taxation; provided, however,
that in determining the limitation of the power of the city through the
council to incur indebtedness there shall not be included the following
classes of indebtedness:

(a) Certificates of indebtedness, revenue bonds or other obligations
issued in anticipation of the collection of the revenue of the City of Rad-
ford, Virginia, for the then current year, including the revenue derived
from taxation or the operation of its utilities; provided that such certifi-
cates, bonds or other obligations mature within one year from the date
of their issue, and be not past due and do not exceed the revenue for such

ear.
(b) Bonds authorized by an ordinance enacted in accordance with
section one hundred twenty-three of the Constitution of Virginia and ap-
proved by the affirmative vote of the majority of the qualified voters of
the city or town voting upon the question of their issuance, at the general
election next succeeding the enactment of the ordinance, or at a special
election held for that purpose for a supply of water or other specific un-
dertaking from which the city or town may derive a revenue; but from
and after a period to be determined by the council, not exceeding five
years from the date of such election, whenever and for so long as such
undertaking fails to produce sufficient revenue to pay for cost of operation
and administration (including interest on bonds issued therefor), and
the cost of insurance against loss by injury to persons or property, and
an annual amount to be covered into a sinking fund sufhcient to pay, at
or before maturity, all bonds issued on accgunt of said undertaking, all
such bonds outstanding shall be included in determining the limitation
of the power to incur indebtedness, unless the principal and interest there-
of be made payable exclusively from the receipts of the undertaking.

(2) To meet the current expenses of the city government the coun-
cil is authorized and empowered to borrow on behalf of the city such sum
or sums of money as in its judgment is required, not exceeding the esti-
mated revenues to be received during the then current year, including the
revenue derived from taxation or from the operation of the utilities, and
may issue such obligations of the city as may be required, payable out of
the current revenues of the city to be derived from taxation or the opera-
tion of its utilities, provided such obligations mature within one year
from the date of their issue; provided further that nothing in this section
or in the charter of the city shall be construed to require such obligation
or obligations to be ratified by either the freehold or qualified voters of
the city.

Section 42. All contracts for the erecting of public utilities and for
improvements and purposes within the jurisdiction of the city council
shall be let to the lowest responsible bidder, and notice shall be given, for
at least thirty days before the work is finally let, by advertisement in one
or more newspapers published or circulated in the city, and the party to
whom said contract shall be let shall give bond as the council may require
and approve, but in no event shall any contract be let to any member of
the city council, nor shall any member have any interest 1n such contract.

Section 43. Whenever there shall be contracted by the council
any debt not payable within one year thereafter, there shall be set apart
annually for thirty-four years, or until the debt is paid, a sum not less
than one per centum of the amount of the debt, in addition to the annual
interest agreed to be paid thereon, which sum shall be applied and in-
vested towards the payment of such debt.

Section 44. For the execution of its powers and duties, the city
council may raise taxes annually by assessment in said city on all sub-
jects taxable by the State, the taxation of which by cities and towns is not
forbidden by general law, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such manner as they shall
deem expedient (in accordance with the laws of the State and the United
States), provided that no tax upon real and personal property in said
city, except taxes for the purpose of paying the principal or interest of
bonds of the city or for the purpose of providing a sinking fund for the
payment of the bonds of the city, shall exceed two dollars and fifty cents
upon the one hundred dollars assessed value thereof. It shall be the duty
of the said city council to levy annually on all taxable property in said
city a tax sufficient to pay the interest on all bonds of the said city, as
such interest falls due, and also sufficient to pay the principal of said
bonds, as such principal falls due, or to provide a sufficient sinking fund
for the payment of said principal at maturity.

Section 45. Special assessments.—All local or special assessments
shall be made and collected as the council shall prescribe by ordinance
and in accordance with law, and such special assessments shall have
priority over all claims or liens, whether prior or subsequent thereto.

Section 46. Liens for taxes, et cetera.—There shall be a prior lien
on all real estate and on each and every interest therein for the city taxes
assessed thereon, from the commencement of the year for which they were
assessed, and also for all local assessments which may be made thereon
according to law. There shall also be a lien on any land or premises for
the amount of expense incurred by said city in abating any nuisance
thereon or cutting or removing weeds or rubbish therefrom, after notice
to the owner thereof by publication or otherwise as may be provided by
ordinance; provided, however, that the lien for the amount of any such
local assessment or for the expense of abating any nuisance or cutting or
removing weeds and rubbish from any premises shall not be good against
a purchaser of such land or premises for value without notice except and
until from the time that the same shall be docketed in a book or books
kept for that purpose in the office of the city treasurer and indexed in the
name of the person or persons owning such estate or land at the time the
said lien accrued. The council may require such real estate in the city,
delinquent for the non-payment of taxes, or assessments of expenses
incurred as above provided, to be sold for said taxes or assessments or
expenses, with interest thereon at the rate of six per centum per annum,
and such percentage as may be prescribed for such charges: and the
council may regulate the terms on which the real estate so delinquent
may be sold or redeemed, provided, such sales shall be made subject to the
prior lien of the Commonwealth for taxes, if any.

Section 47. Levy for taxes.—All goods and chattels of any person
against whom taxes for the city are assessed may be distrained and sold
for said taxes when due and unpaid in the same manner and to the same
extent that goods and chattels may be distrained and sold for State taxes.

A tenant by whom payment is made or from whom payment 1s ob-
tained by distress or otherwise of taxes or levies due the city by a person
under whom he holds, shall have credit for the same against such person
out of the rents he may owe him, except when the tenant is bound to pay
such taxes and levies by an express contract with such person. And
where taxes or levies are paid to the city by a fiduciary on any estate in
his hands or for which he may be liable, such taxes and levies shall be
refunded out of the said estate.

Section 48. License taxes.—(a) License taxes may be imposed
by ordinance on business, trades, professions, and callings and upon the
persons, firms, associations and corporations engaged therein and the
agents thereof, except in cases where taxation by the localities shall be
prohibited by the general law of the State and nothing herein shall be
construed to repeal, or amend any general law of the State with respect to
taxation.

(b) The council may require every person, firm or corporation
using or operating a vehicle on the streets of the city to secure a license
tag and to pay a tax therefor, whether such vehicle is used or operated
for compensation or not.

(c) The council may subject any person, firm or corporation who
or which without obtaining a license therefor, shall follow any business,
occupation, vocation, trade, pursuit, calling, or shall do any other act for
which a license is required, to such fine or penalty as it 1s authorized to
impose for any violation of its laws.

(d) The council may, in its discretion, determine whether or not
the commissioner of the revenue shall receive fees for issuing and trans-
ferring city licenses, and it may fix the amount of such fees and change
the same from time to time, provided, however, that no such fees shall be
payable out of the city treasury, but shall be paid by the person obtaining
the license or transfer, and such license or transfer may be withheld by
the commissioner of the revenue until such fees are paid.

(e) The council may provide by ordinance for revoking any license
for failure to comply with conditions upon which same is granted.

(f) In addition to other remedies provided by general law, or pro-
vided by ordinance enacted pursuant to general law, the city shall have a
lien from January first of each tax year prior to any other lien except for
other taxes, on any and all vehicles, fixtures, furniture, books of account
and of the accounts therein, and all stock in trade, or effects used in, or
in connection with, any business for which a license is required for the
amount of such license or licenses, plus fees, interest, penalties and costs.
The council may by ordinance provide for the enforcement of such lien
by levy or otherwise as the council may determine.

Section 49. Wherever power is conferred upon said city by this
charter to adopt ordinances, rules and/or regulations, and impose and
enforce penalties for offenses committed thereon or for the protection of
any property owned by the said city, but situated more than one mile be-
yond the corporate limits thereof, the county court wherein such property
is located shall have exclusive jurisdiction of all offenses committed in
such county against such ordinances, rules and regulations imposing such
penalties, unless otherwise specifically provided by general law, and juris-
diction of injunction suits for the protection of any such property shall be
as is now, or may hereafter be, provided by general law.

Section 50. Books, records, et cetera.—AlIl books, records and
documents used by any city officer in his office or pertaining to his duties
shall be deemed to be the property of said city, and the chief officer in
charge of such office shall be responsible therefor. Any such officer or
person made by this section responsible for the keeping of such books,
records and documents shall, within ten days after the end of his term of
office, or within ten days after the date of his resignation or removal from
office, as the case may be, deliver to the city clerk all such records and
documents. Any such officer or person failing to deliver such books,
records, or documents, as required by this section, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be fined not less
than one hundred dollars and not more than five hundred dollars, or im-
prisoned not exceeding six months, or both, in the discretion of the court
or jury before whom the case is tried.

Section 51. Qualification of members of the council and other of-
ficials—The members of the council before entering upon the duties of
their respective offices shall each take the oath prescribed by the laws of
this State for State officers. Such oaths shall be administered as provided
by general law and the certificate thereof shall be filed with the city clerk
and entered upon the journal of the council. Every other person elected
or appointed to any office under this charter or under any ordinance of
the council, except clerks and laborers, shall, before entering upon the
duties of his office, take and subscribe said oath, together with such other
oaths as may be required by ordinance, before any person authorized to
administer an oath, and the certificate of the same shall be filed in the
office of the said clerk. The clerk of the corporation court of said city
shall notify all persons elected by the people, under this charter, of their
election and the city clerk shall notify all persons elected by the council
of their election. If any person elected to any office in the said city shall,
after receiving notice of election, fail to take such oaths and give such
bonds, with security, as may be required by law or ordinance, prior to the
day on which their term of office begins, he shall be considered as having
declined said office, and the same shall be deemed vacant, and such va-
cancy shall be filled according to the provisions of this charter.

Section 52. Bonds of officers——Except in the case of officers whose
bonds are specially provided for by this charter, the council in fixing the
salary of any official, clerk or employee of the city, shall determine wheth-
er such’ officer, clerk or employee shall give bond and the amount of
penalty thereof. All officers required by this charter to give bond, and
all officers and employees and clerks of whom bond is required by the
council shall, before entering upon their respective duties, give bond with
surety to be approved by the council, conditioned for the faithful per-
formance of the duties of their respective officers, which bond, unless
otherwise specially provided by this charter or by general law, shall be
payable to the said city and in such penalty as the council may by ordi-
nance prescribe. The council shall accept as surety on any such official
bond a good, solvent, surety, or fidelity company authorized to do busi-
ness in this State, and may provide by proper ordinance that bonds other
than corporate surety may be accepted in which event the council may
increase the penalty thereof to such sum as it may deem necessary and
as provided in such ordinance. The council may provide that the
premium on any such bond shall be paid by the city. The sureties on the
bond of any such officer shall be equally liable for the acts of any deputy
or deputies of such officer as for those of such officer himself. Unless
otherwise specially provided in this charter, all such bonds shall be filed
with and preserved by the city clerk. The parties to bonds taken in pur-
suance of this section shall be subject to the same proceedings on said
bonds for enforcing the conditions and terms thereof, by motion or other-
wise, before the corporation court of said city, as are now or may here-
after be provided by law in the case of collectors of the county levy and
the sureties on their bonds for enforcing payment of the county levies.

Section 53. Compensation of fee officers—The council may, by
ordinance conformable to the general law, provide and fix annual com-
pensation to be determined by the council, but not in excess of the com-
pensation provided by general law, for the officers herein named, which
annual compensation shall be in lieu of all salary, fees, commissions and /
or other emoluments of office from all sources, which would or could ac-
crue to such officers from any source, and thereafter all such fees, com-
missions and/or other emoluments of office, which but for this section
would or could accrue to such officers, shall, unless accruing from said
city, be collected and accounted for and paid into the city treasury by
such officers.

In providing and fixing such annual compensation the council shall
make proper allowance for the payment of deputies, assistants, clerical
and/or stenographic help. In the event of a disagreement between the
officer and the council as to the proper allowance, then and in that event
the same shall be determined by the State Fee Commission or such boards
or commissions having authority in the premises.

The compensation of any of the officers herein named shall not be
diminished during the term for which they are elected, except pursuant
to general law.

Section 54. General disqualifications——No member of the council,
or any other officer, or agent, or any commissioner appointed for the open-
ing of streets, or any member of a committee constituted or appointed
for the management, regulation or control of corporate property of this
city, shall be a contractor with the said city, or its agents, or with such
committee, for any work or labor ordered to be done, or goods, wares or
merchandise, or supplies of any kind ordered by the said city, or by such
committee, to be purchased or in any manner, directly or indirectly, to be
interested in the profits of any such contract. Every such contract shall
be void, and the officer, agent, or member of such committee, making
such contract, shall forfeit to the Commonwealth the full amount stipu-
lated for thereby. No officer of this city, who, alone or with others, is
charged with the duty of auditing, settling or providing by levy or other-
wise, for the payment of claims against said city, shall, by contract, di-
rectly or indirectly, become the owner of, or interested in any claims
against the city. Every such contract shall be void, and if any such claim
be paid, the amount, paid with interest, may be recovered back by the city
within two years after payment, by action or motion in the corporation
court of this city. Provided, however, that the city and its departments
may make purchases from a city councilman on a competitive basis, con-
sidering price and quality.

Section 55. General laws to apply.—All general laws of the State
applicable to municipal corporations now in existence or hereafter en-
acted and which are not in conflict with the provisions of this charter or
with ordinances or resolutions hereafter enacted by the council pursuant
to authority conferred by this charter shall be applicable to the said city,
provided, however, that nothing contained in this charter shall be con-
strued as limiting the power of the council to enact any ordinance or res-
olution not in conflict with the Constitution of the State or with the ex-
press provisions of this charter.

Section 56. Existing ordinances.—All ordinances and resolutions
in force at the time of the taking effect of this charter not inconsistent
with its provisions, shall continue in force until amended or repealed.

Section 57. Continuance of contracts——All contracts entered into
by the city for its benefit prior to the taking effect of this charter shall
continue in full force and effect. All public works begun prior to the
taking effect of this charter shall be continued and completed hereunder.
Public improvements for which legislative steps shall have been taken
under laws in force at the time this charter takes effect may be carried to
completion in accordance with the provisions of such laws.

Section 58. Power to appoint boards or commissions of citizens.—
The council may provide for the appointment of boards or commissions,
to be composed of such number of citizens, regardless of sex, as the coun-
cil may deem expedient. The members of all such boards and commis-
sions shall serve without compensation. The council may prescribe the
powers and duties of such boards and commissions consistent with the
general law. The board of zoning appeals, planning commission and
zoning commission, if the last be created, shall be appointed in the man-
ner and perform such duties as are prescribed by general law and in all
respects be governed thereby.

Section 59. Working prisoners.—Subject to the general law of the
State regulating the working of those convicted of offenses against the
State, the council shall have the power to provide by ordinance for the
employment or the working, either within or without the city limits, or
within or without any city prison or jail, of all persons sentenced to con-
finement in said prison or jail for the violation of the laws of the State of
Virginia or the ordinances of the City of Radford.

Section 60. Pension funds.—The council of said city shall have
authority to establish a fund or funds for the relief or pensions of persons
in the service of said city; to receive gifts, devises and bequests of money
or property for the benefit of such fund or funds; to make contributions
of public moneys thereto on such terms and conditions as it may see fit,
and to make rules and regulations for the management, investment and
administration of such funds or fund. |

Section 61. Partial invalidity —If any clause, sentence, paragraph
or part of this act shall for any reason be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of said act, but shall be confined in its opera-
tion to the clause, sentence, paragraph, or part thereof directly involved in
the controversy in which said judgment shall have been rendered.

Section 62. Citation of act-——This act may for all purposes be re-
ferred to or cited as the Radford charter of nineteen hundred forty-six.

2. Chapter 6ne hundred ninety-two of the Acts of Assembly of
nineteen hundred ten, approved March fifteen, nineteen hundred ten,
which provided a new charter for the City of Radford, and all acts
amendatory thereof or of any part thereof, are hereby repealed; and all
other acts and parts of acts inconsistent with any of the provisions of this
act, are hereby repealed to the extent of such inconsistencies.

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