CHAPTER 431

AN ACT to provide a new Charter for the city of Hopewell and to
repeal acts in conflict herewith.
[S 261]

Approved April 6, 1950

Be it enacted by the General Assembly of Virginia:
1. That there is hereby provided a new charter for the city of
Hopewell in the manner and form as follows:

Chap 1
INCORPORATION AND BOUNDARIES

§ 1. The inhabitants of the territory comprised within the
limits of the city of Hopewell, as the same now are or may here-
after be established by law, shall be a body politic and corporate
under the name of the city of Hopewell 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,
renew or amend at its pleasure.
§ 2. The boundaries of the said city are and shall be unless
and until changed by amendment, annexation or otherwise as
follows:

Beginning at the mouth of Bailey’s Creek at a point determined
as that point where the mean low water line on the north side of
said Bailey’s Creek joins the mean low water line on the west side
of the James River; thence in a westerly direction upstream along
the mean low water line of Bailey’s Creek as it meanders to a point
near the lower fork of Cattail Creek where said low water line is
intersected by a line projected due true south from a point on an
iron pipe, the coordinates of which are twenty-five hundred N. and
seventy hundred seventy-two and forty-one hundredths E.; said co-
ordinates being given with reference to a certain plat recorded in
the clerk’s office of the Circuit Court of Prince George County in
Plat Book No. Three (3) at page No. One hundred and thirty-five
(135) ; thence from said point of intersection of the mean low water
line on the northerly side of Bailey’s Creek and a line projected
from said point on an iron pipe, due true west to a point in the
center line of said lower fork of Cattail Creek; thence up said
center line of the lower fork of Cattail Creek as it meanders to its
intersection with the center line of Cattail Creek; thence up the
center line of Cattail Creek in a westerly and northwesterly direc-
tion, as it meanders to a point where the southwestern boundary
of a subdivision known as Battle Ground Addition leaves Cattail
Creek, said point being near or in Petersburg Street and in a west-
erly direction from South Twenty-first Avenue; thence in a north-
westerly direction along said southwestern boundary of Battle
Ground Addition to its intersection with the center line of South
Twenty-fifth Avenue, an established street the width of which is
fifty feet, said point of intersection being in or near the intersec-
tion of Pickett Street and South Twenty-fifth Avenue; thence in a
northerly direction along the center line of South Twenty-fifth
Avenue, said center line being also the western boundary of Battle
Ground Addition, to its intersection with the southerly line of
City Point Road, said City Point Road being the main county road
between Petersburg and City Point; thence in a direct line along
the projection of the center line of South Twenty-fifth Avenue in
a northerly direction to its intersection with the northerly line
of City Point Road; thence eastwardly along the north side of said
City Point Road to a point where same is intersected by the western
boundary of the Dolin Subdivision; thence running northwardly
and thence eastwardly and thence northwardly still following the
boundaries of the said Dolin Subdivision, so as to include said
Dolin Subdivision within the corporate limits of said city to the
intersection of the last named northerly course with the mean low
water line of the Appomattox River; thence northerly along the
projection of said last named northerly course to its intersection
with the southern boundary of Chesterfield County, said boundary
being the mean low water line on the north side of the Appomattox
River; thence in an easterly direction along said mean low water
line of the Appomattox River, the boundary of Chesterfield County
to a point one hundred and fifty feet distant from and at right
angles to the center line of the Appomattox River bridge on the
Richmond-Hopewell highway; thence due true south eleven degrees
and thirty-two minutes east, a distance of four hundred and thirty-
tive feet more or less to a point; thence due true north seventy-
eight degrees and twenty-eight minutes east one hundred and
seventeen feet to a point; thence due true south eleven degrees and
thirty-two minutes east a distance of seventy feet to a point in the
mean low water line of the south side of the Appomattox River ;
thence eastwardly along the said mean low water line of the Appo-
mattox River a distance of sixty-six feet more or less to a point;
thence due true north eleven degrees and thirty-two minutes west,
a distance of seventy feet to a point; thence due true north seventy-
eight degrees and twenty-eight minutes east, a distance of one
hundred and seventeen feet to a point; thence due true north eleven
degrees and thirty-two minutes west, a distance of four hundred
and thirty-five feet more or less to a point in the mean low water
line on the north side of the Appomattox River, said point being
in the southern boundary of Chesterfield County, and said point
being further described as being one hundred and fifty feet distant
and at right angles to the center line of above-mentioned Appo-
mattox River bridge and being in an easterly direction therefrom;
thence in an easterly direction along the said low water line of the
Appomattox River, following the line of Chesterfield County to a
point in the Appomattox River in the said boundary line of Chester-
field County where the said boundary line is intersected by a pro-
jection northwardly of the line of the east side of Bermuda Street;
thence southerly along said projection of the line of the eastern
side of Bermuda Street to a point in the mean low water line on
the southern shore of the Appomattox River; thence down the said
mean low water line of the Appomattox River to its intersection
with the westerly mean low water line of the James River; thence
down said mean low water line of the James River to its intersection
with the mean low water line on the northerly side of Bailey’s Creek,
said point being the point of beginning.

Chapter II

POWERS

§ 1. The city shall have and may exercise all powers which
are now or may hereafter be conferred upon or delegated to cities
under the constitution and law of the Commonwealth and all
other powers pertinent to the conduct of the city government, the
exercise of which is not expressly prohibited by the said consti-
tution and laws and which in the opinion of the council are neces-
sary and desirable to promote the general welfare of the city and
the safety, health, peace, good order, comfort, maintenance and
morals of its inhabitants, as fully and completely as though such
powers were specifically enumerated in this charter, and no enu-
meration of particular powers herein shall be held to be exclusive
but shall be held to be in addition to this general grant of power.

§ 2. The city shall have the power to raise annually by
taxes, licenses and assessments such sums of money as the coun-
cil shall deem necessary to pay the debts and defray the expenses
of the city in such manner as the council shall deem expedient,
and to appropriate the same to all legal municipal purposes, pro-
vided that such taxes, licenses and assessments are authorized by
the general laws of the Commonwealth, and provided further that
the present outstanding bonds of the city shall not be taxable by
the said city.

§ 3. To acquire property within or without its boundaries
for any municipal purposes, in fee simple, or any lesser interest
or estate, by purchase, gift, devise, lease or condemnation and
may sell, lease, hold, manage, improve and control such property
as the interests of the city may require or as shall appear neces-
sary and proper.

Provided, however, that the provisions of § 25-233 of the Code
of Virginia, 1950, shall apply as to any property owned by a
corporation possessing the power of eminent domain that may be
sought to be taken by condemnation under provisions of this act.

§ 4. To acquire, construct, hold, lease, use, maintain and
operate any and all local public utilities and to enact such ordi-
nances and resolutions as may be necessary for the proper pro-
tection, maintenance and operation of the same.

§ 5. To fix, establish, enforce and collect, rates and charges
for the use of any and all public utilities, whether by inhabitants
of the city or those located outside of said city using the same.

§ 6. Subject to the provisions of the Constitution and laws
of Virginia, to borrow money and issue evidences of indebtedness.

§ 7. To establish, obtain, close, widen, narrow, extend, im-
prove, construct, maintain, supervise and control streets, roads,
lanes, alleys, avenues, boulevards, parks and public squares in
the said city.

§ 8. To compel the abatement and removal of all nuisances
in the said city or upon property owned by the said city beyond
its limits at the expense of the person or persons causing the
same, or the owner of said premises, or to remove and abate the
same by city means and charge the person or persons causing the
same, or the owner with the costs of such removal and/or abate-
ment.
§ ¥. To grant franchises for public utilities.

§ 10. To compel the abatement of smoke and dust and un-
necessary noises.

§ 11. To prevent the running at large of animals and fowl
in said city and to regulate and control the keeping and raising
of animals and/or fowl] therein.

§ 12. To establish, organize and control public libraries and
public schools in said city.

§ 13. To establish and maintain a Board of Public Welfare
and to provide for the care, support and maintenance of orphans,
aged, sick, insane or poor persons or paupers.

§ 14. To establish and maintain a police department and a
fire department in the said city.

§ 15. To provide in or near the city lands to be used as
burial places for the dead, to improve and care for the same and
the walks, roads and approach thereto and to charge for and
regulate the use of grounds therein; to control the burial of the
dead within the said city and to regulate public cemeteries.

§ 16. To regulate and control pursuant to general Jaw the
manufacturing, transportation, sale, keeping or storing for sale,
advertising or exposing for sale, receiving, giving away or dis-
pensing ardent spirits.

§ 17. To enact and enforce such ordinances, rules, by-laws,
regulations or resolutions as may be necessary to enforce the
foregoing powers or any other powers granted by this charter.

Chapter III
ELECTIONS

§ 1. On the second Tuesday in June, 1950, there shall be
held a general city election at which shall be elected by the quali-
fied voters of the city at large two councilmen to succeed those
whose terms expire on the 31st day of August, 1950. On the
second Tuesday in June, 1952, there shall be held such an election
to elect three councilmen to succeed those whose terms expire
on the 3lst day of August, 1952, and so on alternately every
two years.

§ 2. The terms of the councilmen so elected shall be for a
period of four years, beginning September ist and ending mid-
night, August 31st, four years later, or until his or their successor
or successors shall have been elected or appointed and qualified.

§ 3. The requirements for nomination shall be:

(a) <Any qualified voter of the city may be nominated by
filing not less than sixty days before such election with the clerk
of the Circuit Court of the city of Hopewell a petition signed
by not less than fifty qualified voters of the city, each signa-
ture to which has been witnessed by a person whose affidavit to
that effect is attached thereto, together with a notice of candidacy
as provided by the general laws of the Commonwealth relating
to elections.

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

§ 4. Vacancies in the office of councilmen, from whatsoever
cause arising, shall be filled for the unexpired portion of the
term by a majority vote of the remaining members of the coun-
cil, or, if the council shall fail to fill any vacancy in its member-
ship within thirty days of the occurrence of a vacancy, by appoint-
ment by the Judge of the Circuit Court of the city of Hopewell.

§ 5. All other city officers required by the laws of the Com-
monwealth to be elected by the qualified voters of the said city
shall be elected on the first Tuesday following the first Mon-
day in November preceding the expiration of the terms of their
respective predecessors, and for such terms as are prescribed by
law. All such elective officers shall be nominated and elected as
provided in the general laws of the Commonwealth.

Chapter IV
CouNCIL

§ 1. The council shall consist of five members elected as
provided in chapter 3. They shall receive in full compensation
for their services the sum of $40.00 per month and shall not be
entitled to any other allowance of any kind except that the mayor
or president of the council shall be entitled to $75.00 per month
in full compensation for his services. Said salary shall be pay-
able in monthly or semimonthly installments as other city offi-
cers are paid.

§ 2. All powers vested in the city shall be exercised by the
council except as otherwise provided herein.

§ 3. The said council shall be a continuing body and no
measure pending before the council shall abate or be discon-
tinued by reason of the expiration of the term of office or removal
of the members of the council, or any of them.

§ 4. On the first Tuesday in September next following the
regular municipal election, or as soon thereafter as may be prac-
ticable, the newly elected council shall:

(a) Proceed to choose by majority vote of all the members
thereof one of their number to be president, who shall be ex
officio mayor, and another as 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 1st day of the September in which
such election is held and unti] their successor or successors have
been elected and qualified.
(b) Appoint a city manager, a city clerk, a city auditor
(whose duties may be combined with that of the city clerk), a
civil and police justice, a substitute civil and police justice, and
a judge of the juvenile and domestic relations court, the last of
whom may also be civil and police justice.

(c) Appoint the members of such boards and commissions
as are provided for in this charter, or as may be established by
the council or by general laws. The school board, library board,
City Planning and Zoning Commission, Public Recreation and
Parks Commission and Dock Commission shall each consist of
five members who shall be appointed as follows: On the first
Tuesday in September, 1950, there shall be appointed two mem-
bers of each board or commission for a term of four years each
and three members for terms of two years each, and thereafter,
upon the expiration of the terms of the said members, their suc-
cessors shall be appointed for terms of four years each.

The members of said boards and commissions shall serve
until their successors have been appointed and qualified.

(d) If it deems necessary, appoint a city attorney and bail-
ing justices.

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 attend-
ance of members in such manner and under such penalties as
may be 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 may hereafter be elected
to the council shall, during his tenure of office as such member
or for one year thereafter, be eligible to any office to be filled
by the council by election or appointment.

§ 5. 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 recog-
nized 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 gen-
eral laws of the State may so require; but this shall not be con-
strued as conferring upon him the administrative or judicial
functions, or other powers or functions, of a mayor, under the
general law 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 neces-
sary. During his absence or disability his duties shall be per-
formed 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.

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

No ordinance, resolution, motion or vote shall be adopted by
the council except at a meeting open to the public, and except
motions to adjourn, to fix the time and place of adjournments,
and other motions of a purely procedural nature, and except
where the public interests may require executive sessions.

No member of the council shall participate in the vote on
any ordinance, resolution, motion or vote in which he, or any
person, firm or corporation for which he is attorney, officer, direc-
tor, or agent, has a financial interest other than as a minority
stockholder of a corporation, or as a citizen of the city.

§ 7. 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
at the time indicated therein. Ordinances appropriating money
for any emergency may be passed as emergency measures, but no
measure providing for the sale or lease of city property, or mak-
ing a grant, renewal or extension of a franchise or other special
privilege, or regulating the rates to be charged for any public
utilities shall be so passed.

§ 8. 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 appropriations, or authorizing the contracting of indebt-
edness or the 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 authorizing the
contracting of indebtedness or the issuance of bonds 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 Hopewell.”
No ordinance unless it be an emergency measure, shall be passed
until it has been read at two regular meetings not less than
one week apart, or the requirement 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 ordi-
nance 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 proceedings of the council and every ordinance or reso-
lution 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 consideration of his official
conduct, or where his financial or personal interests are involved.

In authorizing the making of any public improvement, or
the acquisition of real estate or any interest therein, or author-
izing the contracting of indebtedness or the issuance of bonds
or other evidences of indebtedness (except temporary loans in
anticipation of taxes or reveDues or of the sale of bonds lawfully
authorized), or authorizing the sale of any property or rights in
property of the city of Hopewell, 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 ordi-
nance; provided, however, that after any such ordinance 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.

§ 9. A record of all ordinances and resolutions shall be
kept by the city clerk and authenticated by the signature of the
presiding officer and of the said clerk, and when so made shall
be prima facie evidence of the terms thereof and may be read
as evidence in all legal and other proceedings in which the same
shall be necessary.

Chapter V
Ciry MANAGER

§ 1. City Manager.—There shal] be a city manager who
shall be the chief executive officer of the city and shall be re-
sponsible to the council for the proper administration of the
city government. He shall be appointed by the council for an
indefinite term, and shall be chosen solely on the basis of his
executive and administrative qualifications. He shall receive such
compensation as the council may provide by ordinance or resolu-
tion, and shall be bonded as the council may deem necessary.

§ 2. The city manager shall appoint for an indefinite term
and remove, subject to the provisions of this charter and except
as herein provided, the heads of all departments and all other
officers, (except executive officers), and employees of the city.
He shall have the power to remove any officer or employee ap-
pointed by him for good cause and, pending final action, may
suspend any such officer or employee from duty for not more
than sixty days.

§ 3. In the event of such appointment, suspension or removal
the city manager shall report the same to the council at the next
meeting thereof.

§ 4. It shall be the duty of the city manager to

(a) Attend all meetings of the council with the right to speak
but not to vote.

(b) Keep the council advised of the financial condition and
the future needs of the city, and all matters pertaining to its proper
administration, and make such recommendations as to him may
seem desirable.

(c) Prepare and submit the annual budget to council and be
responsible for its administration after its adoption.

(d) Perform such other duties as may be prescribed by this
charter or be required of him in accordance therewith.

§ 5. The council may designate some properly qualified per-
son to perform the duties of the city manager in case of a vacancy
or the absence or disability of the said city manager.

Chapter VI
City CLERK AND City AUDITOR

§ 1. There shall be appointed by the council as hereinbefore
provided a city clerk and a city auditor, who may be one and the
same person, whose qualifications shall be such, who shall receive
such compensation, and who shall perform such duties as the
council, by ordinance or resolution may provide.

Chapter VII
City ATTORNEY

§ 1. There may be a city attorney appointed by the said
council, who shall be a qualified practicing attorney, whose qualiti-
cations and compensation shall be such and who shall perform such
duties as the council shall by ordinance or resolution provide.
§ 1. The Circuit Court of the city of Hopewell as now estab-
lished and created by law shall continue and shall have and exer-
cise the jurisdiction and powers as now constituted by general law.

§ 2. The city of Hopewell shall pay to the judge of the Cir-
cuit Court of the city of Hopewell a salary of not less than $500.00
nor more than $1,500.00 per year, to be fixed by the city council, in
addition to its pro rata part of the regular salary of the said judge
as fixed by general law.

Chapter IX

CIVIL AND POLICE JUSTICE AND SuBSTITUTE CIVIL
AND POLICD JUSTICE

§ 1. There shall be a civil and police justice for the said city
who shall be appointed for a term of two years at the time and in
the manner hereinbefore provided, whose qualifications and com-
pensation shall be such as the council may by ordinance or resolu-
tion provide, and who shall have such authority and jurisdiction as
is conferred upon trial justices by the general laws of the State of
Virginia.

§ 2. There shall be appointed for a term of two years a sub-
stitute civil and police justice appointed as hereinbefore provided,
who shall act for said civil and police justice when he is unable to
perform the duties of his office, who shall have such qualifications
as the council may by ordinance or resolution provide. When acting
for said civil and police justice he shall receive such salary as is
provided for the civil and police justice, and shall have such juris-
diction and authority as is provided for civil and police justices
by the general laws of the State of Virginia, with a minimum of
one month’s salary. He shall have authority to issue warrants
and summonses in criminal and civil cases whether acting as sub-
stitute civil and police justice at the time or not.

Chapter X

BAILING JUSTICES

§ 1. The city council may appoint one or more persons, as
it may deem necessary, for terms of two years each, as bailing
justices for said city, who shall have authority to issue warrants
and summonses in criminal cases, and to bail persons charged with
misdemeanors or violation of city ordinances, and whose qualifica-
tions, terms of office and compensation shall be such as the council
may by ordinance or resolution provide.
§ 1. The council shall appoint for a term of two years a
judge of the juvenile and domestic relations court of the city of
Hopewell (which office may be held by the civil and police justice),
whose qualifications and compensation shall be such as the council
may by ordinance or resolution provide, and whose jurisdiction
and authority shall be such as is given judges of juvenile and
domestic relations courts by general law.

§ 2. In the event of the absence or inability of the said judge
of the juvenile and domestic relations court to act, the civil and
police justice or the substitute civil and police justice may act in
his stead and have such jurisdiction and authority as the said
judge of the juvenile and domestic relations court would have.

Chapter XII

CLeRK OF THE CIvIL, PoLIcy AND JUVENILE AND DOMESTIC
RELATIONS Court

§ 1. There shall likewise be appointed for a term of two
years a clerk of the civil, police and juvenile and domestic rela-
tions courts, who may also be the substitute civil and police justice,
whose qualifications and compensation shall be such, and who shall
perform such duties as the council may by ordinance or resolution
direct. The said clerk shall have in his capacity as such clerk the
authority to issue warrants and summonses in civil cases.

Chapter XIII
Pouicn DEPARTMENT

§ 1. There shall be a police force composed of a superin-
tendent or chief of police and of such officers, patrolmen and other
employees as the city manager may deem necessary for the proper
enforcement of the law.

§ 2. The superintendent or chief of police shall have the im-
mediate direction and control of the said force, subject to the super-
vision of the city manager.

§ 3. The qualifications of the said superintendent or chief of
police, officers, patrolmen and other employees shall be such as the
council may prescribe, and their duties shall be such as the city
manager may direct.

Chapter XIV
Firs DapaRTMENT
§ 1. There shall be a fire department composed of a chief and
such other officers, firemen and employees as the city manager may
deem necessary for the proper operation of the said department.
§ 2. The chief of the said fire department shall have imme-
diate direction and control of the said force, subject to the super-
vision of the city manager.

§ 3. The qualifications of the said chief, other officers, fire-
men and employees shall be such as the council may prescribe, and
they shall perform such duties as the city manager may direct, and
they shall have such authority as is provided by the general laws
of the State of Virginia.

Chapter XV
City TREASURER

§ 1. There shall be elected as hereinbefore provided, a city
treasurer, who shall give bond as the council may prescribe, and
whose duties and obligations shall be such as is provided by the
general law of the State and as shall be prescribed by the council.

Chapter XVI
COMMISSIONER OF REVENUE

§ 1. There shall be elected as hereinbefore provided a com-
missioner of revenue, who shall give such bond as the council may
prescribe, and whose duties and obligations shall be such as is pro-
vided by the general law of the State of Virginia.

Chapter XVII
BupDGEtT

§ 1. At least sixty days before the end of each fiscal year the
city manager shall prepare and submit to the council an annua!
budget for the ensuing fiscal year.

§ 2. The said budget shall contain such information as
the council may desire, and in all other respects, both with
reference to the preparation and publication of the said budget,
the same shall be governed by general law.

Chapter XVITI

Bonp Issves

§ 1. Bonds, within the limits provided by general law, mav
be issued by said city, and the issuance, execution and terms
thereof shall be governed by Sections 15-586 to 15-600, inclusive,
of the Code of Virginia of 1950; but, with this proviso: that no
bonds in any amount or for any purpose, except funding and
refunding purposes shall be issued except when authorized by an
election called for the purpose and held in accordance with the
provisions of Sections 15-586 to 15-600, inclusive, of the Code of
Virginia of 1950.

Chapter AIX
SINKING FuNpD

§ 1. There shall be a sinking fund for the payment, re-
tirement or amortization of the outstanding bonds of the said
city. It shall consist of the cash and securities in the sinking
fund at the effective date of this charter, the sums hereinafter
required to be paid into the said fund and the interest earned
on investments. There shall be paid into the said fund annually
the sum determined by the city council. The said fund may be
invested only in bonds or other direct obligations of the city,
the Commonwealth or the United States.

The management of the said fund from the effective date of
this charter shall be entrusted to a sinking fund commission which
shall consist of the president of the council, the city treasurer
and the city manager, who shall submit to the council reports as
to the condition of the said fund as the council may require.

Chapter XX

Tax ANTICIPATION LOANS

§ 1. The council may from time to time borrow money, in
anticipation of the collection of the revenues for the then current
year, and to issue from time to time, certificates, bonds, notes or
other obligations therefor, provided, that the certificates, bonds,
notes or other obligations mature within one year from the date
of their issue, and the total issue of said certificates, bonds,
notes or other obligations does not exceed the estimated revenue
for such year.

Chapter XXI

ScHoot Boarp

§ 1. There shall be a school board of the city of Hopewell,
which shall consist of five trustees who shall be residents of the
city of Hopewell, who shall be appointed by a majority vote of
the whole membership of the city council as hereinbefore provided.

§ 2. Any vacancy occurring in said school board by expira-
tion of term of office or other reason shall be filled by a majority
vote of the said city council. The said school board shall have
all the powers and duties relating to the management and con-
trol of the public schools of the city provided by the general
laws of Virginia.
§ 3. The said school board shall make such reports to the
city manager as the said city manager and council may require.

Chapter XXII
LIBRARY Boagp

§ 1. There shall be a library board of the city of Hopewell
which shall consist of five members, who shall be residents of
the city of Hopewell, who shall be appointed by a majority of
the city council as hereinbefore provided, whose qualifications shall
be such and who shall perform such duties as the city council
may prescribe.

Chapter XXIII
City PLANNING AND ZONING COMMISSION

§ 1. The said city shall appoint a city planning and zon-
ing commission which shall be appointed by the city council at
the time hereinbefore provided.

§ 2. The said city planning and zoning commission shall
consist of five members, who shall be appointed by a majority vote
of the whole membership of the city council as hereinbefore
provided.

§ 3. The members of the said commission shall be residents
of the said city for a period of not less than one year prior to
their appointment and shall serve without compensation.

§ 4. The said planning and zoning commission shal] have
all of the powers granted to planning and park commissions by
the general laws of the State of Virginia, and in addition to
and not‘as a limitation upon, may have the following powers:

(a) The said planning and zoning commission, with and by
the consent of the city council, may make and adopt a master
plan which, with accompanying maps, plats, charters and descrip-
tive material shall show the commissioners’ recommendations
for the development of the territory covered by the plan, which
plan shall be made with the general purpose of guiding and ac-
complishing a coordinated, just and harmonious development of
the city and its environments, with the idea of promoting health,
safety, morals, comfort, prosperity and general welfare as well
as efficiency and economy in the process of development.

(b) If and when any such master plan shall have been
adopted and approved by the council, then and thereafter no
street, square, park or other public way, ground, space, public
building or structure shall be constructed or authorized in the
city or in any planned section or division thereof until the same
has been submitted to and approved by the commission; and no
public utility, whether publicly or privately owned, shall be
constructed or authorized in the city or in the planned section
or division thereof until and unless the same has been submitted
to and approved by the commission. In case of disapproval in
any of the instances enumerated above the commission shall com-
municate its reasons for such disapproval to the council, which
shall have the power to overrule such action by a vote of the
said council. The foregoing provisions shall not be deemed to
apply to the pavement, repavement, construction, improvement,
drainage, laying of pipes or conduits in and upon any existing
streets or existing public ways.

(c) It shall be the duty of the commission to prepare and
revise annually a program of capital improvement projects for
the ensuing year and submit the same to the city manager at
such time as he shall direct, together with its recommendations
and estimates of costs of such projects and the means of financ-
ing them, to be undertaken in the ensuing fiscal year. In the
preparation of its said budget recommendations the commission
shall consult with the city manager, the heads of departments,
interested citizens and organizations, and hold such public hear-
ings as it may deem necessary.

(d) All public officials shall, upon request, furnish to the
commission within a reasonable time such available information
as it may require for its work. The said commission may enter
upon any land in the city and make surveys and examinations,
and place necessary markers thereon.

(e) In general the commission shall have such powers as
may be necessary to enable it to fulfill its functions, promote
planning, and carry out the purposes of this charter.

§ 5. The said commission shall make an annual report to
the council concerning its activities, and make such other reports
as the council may require.

§ 6. It shall be the duty of the said commission to prepare
and submit to the council a comprehensive zoning plan such as
hereinafter referred to and from time to time prepare and submit
such changes in or revisions of the said plan as changing condi-
tions make necessary.

§ %. The city council shall have the power to adopt by ordi-
nance the said zoning plan, or so much thereof as the council may
see fit, designed to lessen congestion in streets, secure safety from
ire or other damage, promote health, sanitation and general wel-
fare, provide adequate light and air, ’ prevent the overcrowding of
and, avoid undue concentration of population, facilitate public
und private transportation, the supplying of public utility services
und sewage disposal, and to facilitate provisions for schools, parks,
playgrounds and other public improvements and requirements. The
said zoning plan shall include the division of the city into dis-
ricts, with such boundaries as the council deems necessary to
carry out the purposes of this charter, and shall provide for the
regulation and restriction of the use of land, buildings and struc-
tures in the restricted districts, and may include, but shall not be
limited to the following:

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

(b) It may restrict the height, area and bulk of buildings and
structures in the districts.

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

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

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

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

(g) It may provide that land, buildings and structures and
the uses thereof, which do not conform to the regulations and re-
strictions prescribed for the district in which they are situated. may
be continued so long as the then existing or more restricted use
continues and so long as the buildings and structures are main-
tained in their then constructural condition, and may require that
such buildings or structures and the use thereof shall conform to
the regulations and restrictions prescribed for the district or dis-
tricts in which they are situated whenever they are enlarged, ex-
tended, reconstructed, or structurally altered; and may require
that such buildings or structures and the use thereof shall conform
to the regulations and restrictions hereinbefore mentioned and de-
termined, the boundaries of the districts in which they shall apply,
provide for their enforcement, and appoint an administrative officer
to administer and enforce the ordinance, and from time to time
amend, supplement or appeal the same. The council shall also have
authority to provide for the collection of fees to cover costs in-
volved in the consideration of a request for amendment, supple-
ment or appeal of any such regulation, restriction or determina-
tion of boundaries to be paid to the city treasurer by the applicant
upon filing such request.

§ 8. The said board shall elect one of its members as chair-
man and shall appoint a secretary and such other employees as.
may be needed for the conduct of the work of the said board.

§ 9. The meetings of the board shall be held at the call of the
chairman and at such other times as the board may determine. It
shall keep records of its proceedings.
§ 10. The said board shall act as a board of zoning appeals
and appeals to the board may be taken by any person aggrieved or
by any officer, department, board, commission or agency of the city
from any order, requirement, decision or determination of the ad-
ministrative officer. The appeal shall be taken within such reason-
able time as shall be prescribed by the board by filing with the
board a notice of appeal specifying the grounds thereof. The ad-
ministrative officer shall thereupon transmit to the board all papers
constituting the record upon which the action appealed from was
taken. The board shall fix a reasonable time for the hearing of the
appeal, give notice to the parties in interest and decide the issue
within a reasonable time, at which hearing the party may appear
in person, by agent or attorney, and shall be given an opportunity
to be heard. The board may prescribe a fee to be paid whenever
an appeal is taken, which shall be paid into the city treasury.

§ 11. The said board shall have the following powers and it
shall be its duty:

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

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

(c) To permit, when reasonably necessary to the public inter-
est, the use of land or the construction or use of buildings in any
district in which they are prohibited by any agency or district of
the State or of the United States, provided such construction or
use will adequately safeguard the health, safety and welfare of the
occupants of surrounding property, shall not increase congestion
in the streets nor increase public danger from fire or otherwise
affect public safety.

(d) To permit the following exceptions to the regulations and
restrictions, provided such exceptions do not endanger the health,
safety and welfare of the occupants of surrounding property, shall
not increase the congestion in the streets, nor increase public
danger or affect public safety, and shall not impair the established
property values in surroundings areas:
(1) Use of land or buildings or the construction thereof by a
public service corporation for public utility purposes which the
board finds to be reasonably necessary for the public convenience
and welfare.

(2) Extension of a district where the boundary line of the dis-
trict divides the lot into single ownership as shown of record at
the time of the effective date of the ordinance.

(3) The use of land or construction and use of buildings by
educational, religious or philanthropic institutions, for cemetery
purposes, airports or landing fields, greenhouses, or nurseries,
radio towers and stations, provided the height, size and construc-
tion of the same is approved by the board.

(4) The use of land in districts designated as residential, but
immediately adjoining or separated from business districts, com-
mercial or industrial districts by streets or alleys, for parking of
vehicles by employees or customers of business, commercial or in-
dustrial establishments.

(5) The use of buildings for dwelling purposes in districts
specified for other uses where it can be shown that conditions in
such districts are not detrimental to the health, safety or welfare
of the inhabitants of such buildings, and where it is specified that
the said buildings will be removed or their use for residential
purposes discontinued within a time set by the said board.

(6) Reconstruction of buildings or structures which do not
conform to the zoning ordinance, but which existed thereon at the
time of the effective date of said ordinance, which have been dam-
aged by explosion, fire or act of God to the extent of not more than
sixty percent of their actual value. ,

§ 12. In exercising the powers conferred upon it the board
of zoning appeals may reverse or affirm wholly or partly, or may
modify the order, requirement or decision appealed from, and may
make such other requirements or decision as should be made. The
said board may by vote of a majority of its members reconsider
any decision it may have made or had and upon such reconsideration
render such decision as it should have entered.

§ 13. Any person, firm or corporation aggrieved by any
decision of the board of zoning appeals, or any officer, department,
board or agency of the city may appeal from any such decision by
filing a petition in the Circuit Court of the city of Hopewell, verified
by affidavit, setting forth the alleged illegality of the action of the
board and the grounds thereof, which petition shall be filed within
thirty days from the decision of the said board. Upon the filing
of the said petition the court shall summons the said board ordering
it to produce at such time as the court may designate the record
of its action and documents considered by it in making the decision
appealed from, which summons shall be served upon any member
of the board. Upon consideration thereof the court may affirm,
reverse or modify the decision reviewed, in whole or in part, and
render such decision as it shall deem necessary.

Chapter XXIV
PuBLic RECREATION AND ParKs COMMISSION

§ 1. There shall be a commission to be known as the public
recreation and parks commission of the city of Hopewell.

§ 2. The said public recreation and parks commission shall
consist of five members, who shall be residents of the city of
Hopewell, and who shall be appointed by a majority vote of the
whole membership of the city council as hereinbefore provided.

§ 3. As soon as practicable after their appointment the mem-
bers of the said commission shall organize and elect annually from
their own members a presiding officer and other necessary officers
to serve for one year, and shall elect a secretary who may or may
not be a member of the said commission, to serve for such term
as the commission may determine. The commission shall adopt
rules of procedure for the conduct of all business within its juris-
diction.

§ 4. The commission shall promote and supervise the public
recreation facilities and such parks as the council has or may
hereafter establish for the city, whether within or without its
corporate limits. It shall establish, develop, equip, maintain and
control facilities for public recreation and park purposes and shall
set up and supervise programs and activities making use of such
facilities, and shall have such other powers, duties and responsi-
bilities as the city council from time to time may prescribe or
ordain.

§ 5. It shall have the authority to employ a superintendent
of public recreation and parks and such other personnel as it deems
essential or advisable in the furtherance of its program and within
the limit of its funds.

§ 6. It shall have the power to expend for public recreation
and park purposes such funds as shall annually be appropriated
by the city council for these purposes, together with such special
grants as may be made by the council.

§ 7. It shall have authority to accept and use any gifts, dona-
tions and bequests which may be made for public recreation and
park purposes.

Chapter XXV
Dock COMMISSION

§ 1. There shall be a dock commission, whose number, qualifi-
-ations, period of service, compensation and duties shall be such as
the said council may prescribe.
§ 2. The said dock commission shall consist of five members,
who shall be residents of the city of Hopewell, and who shall be
appointed by a majority vote of the whole membership of the city
council as hereinbefore provided.

§ 3. It shall be the duty of the said dock commission to
develop, govern and maintain a port and harbor for the said city,
and to that end:

(a) To delimit and fix the harbor and port lines, having regard
to the acts of Congress of the United States pertaining thereto, and
in so doing to have regard for the depths and widths of the James
and Appomattox Rivers, to the probable future growth of com-
merce, the location of terminals, piers, wharves and docks.

(b) To fix and determine head and bulkhead lines, having
regard to Federal regulations governing the same.

(c) To acquire all necessary land or property for the purpose
of developing port facilities.

(d) To improve, maintain and operate municipal wharves,
docks, terminals, slips, warehouse elevators, tracks and railroad
and steamship facilities.

(e) To fix the rates of, to charge and collect reasonable wharf-
age fees, tolls or dues for the use of municipal terminals, ware-
houses or facilities. }

(f) To appoint a harbor master for the port or harbor of the
city of Hopewell, whose qualifications, tenure of office and com-
pensation shall be such as the council may ordain, and whose
duties, powers and responsibilities shall be such as is provided by
the general law of the Commonwealth.

Chapter XXVI
WoRKING PRISONERS

§ 1. 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 Hopewell.

Chapter XXVII
PENSION FUNDS

§ 1. 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 the city; to receive gifts, devises and bequests of money or prop-
erty 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 and
administration of such fund or funds.

Chapter XXVIII
TRANSITIONAL PROVISIONS

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

§ 2. Except where this charter otherwise provides, the city
bureaus, divisions and other units of the city shall remain in full
force and effect until altered or amended in accordance with the
provisions of this charter.

All acts and parts of acts in conflict with this charter are
hereby repealed, insofar as they affect the provisions of this charter
and former charters and all amendments thereto for the city of
Hopewell are hereby repealed; provided, however, that nothing
contained in this act shall be construed to invalidate or in any
manner affect the present existing indebtedness and liabilities of
the city of. Hopewell, whether evidenced by bonded obligations or
otherwise.

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