CHAPTER 325

An Act to provide a new charter for the city of Buena Vista; and to
repeal Chapter 225 of the Acts of Assembly of 1891-92, approved
February 15, 1892 and all amendments, which provided a charter for
the city of Buena Vista.

fH 314]

Approved March 12, 1952
Be it enacted by the General Assembly of Virginia:

ARTICLE 1. INCORPORATION

§ 1.1. Incorporation.

The inhabitants of the territory embraced within the present limits
of the city of Buena Vista, as hereinafter defined, or as the same here-
after may be altered or established by law, shall constitute and continue
a body politic and corporate, to be known and designated as the city of
Buena Vista, and as such shall have perpetual succession, may sue and be
sued, contract and be contracted with, and may have a corporate seal
which it may alter, renew, or amend at its pleasure.

§ 1.2. Form of Government.

The municipal government provided by this charter shall be known
as the “city manager plan.”’ Pursuant to its provisions and subject only
to the limitations imposed by the Constitution and by this charter, all
powers of the city shall be vested in an elective council, hereinafter re-
ferred to as “the council’, which shall enact local legislation, adopt
budgets, determine policies, and appoint the city manager, who shall
execute the laws and administer the government of the city.

§ 1.8. Boundaries of the city of Buena Vista.

The corporation limits shall remain the same as they now are until
changed as provided by law and are described by metes and bounds as

ollows:

Beginning at a point on the north bank of the Maury River (formerly
North River), thence north of center line of what was formerly Richmond
& Alleghany Railroad, thence eastward with the same 660 feet to the line
of the lands formerly owned by Buena Vista Company and John Dunlop
and with their lines to the intersection with the western line of Aspen
Ave.; thence with the lines of Aspen Ave. and 41st Street to Juniper Ave.;
thence with Juniper Ave. to 36th Street; thence with 36th Street to Wood-
bine Ave.; thence with Woodbine Ave. to 32nd Street; thence with straight
line to the intersection of Birch Ave. and 28th Street; thence with Birch
Ave. to Hill Street; thence with Hill Street to Maple Ave.; thence with
Maple Ave. to 26th Street; thence with 26th Street to Oak Ave.; thence
with Oak Ave. to 25th Street; thence with 25th Street to Hawthorn Ave. ;
thence with Hawthorn Ave. to 27th Street; thence with 27th Street to
Holly Ave.; thence with Holly Ave. to 26th Street ; thence with 26th Street
to Ash Ave.; thence with Ash Ave. to 24th Street; thence with 24th Street
to Hickory Ave.; thence with Hickory Ave. to 20th Street; thence south 37
degrees and 12 minutes west to the northeast corner of Pine Ave. and
11th Street; thence with a straight line to corner of Hazel Ave. and First
Street; thence with First Street to the line of the property formerly
owned by John E. Laird, thence with the line of the Laird land to the
lands known as the Loch Laird Land and Improvement Co. and the exten-
sion of same to the west bank of Maury River (formerly North River)
then up said river to a point opposite the point of beginning and then
crossing the said river to the point of beginning, all of said lands being
in Rockbridge County, Virginia.

When, in the above description, a street or avenue is mentioned as a
boundary line the outside line of said street or avenue shall be taken and
held to be such boundary line. And the streets and avenues referred to are
located on the maps and plats of subdivisions of lands of the Buena Vista
Company into lots (recorded in Deed Book No. 2 page 107) Buena Vista
records and maps or plat of Loch Laird Land and Improvement Company
recorded in Deed Book No. 53 page 412 Rockbridge County records in
Lexington, Va.

ARTICLE 2. POWERS

§ 2.1. General grant of powers.

The city of Buena Vista shall have and may exercise all powers which
are now or may hereafter be conferred upon or delegated to cities under
the Constitution and the laws of the Commonwealth and all other powers
pertinent to the conduct of a city government the exercise of which is not
expressly prohibited by said Constitution and laws and which, in the
opinion of the council are necessary or desirable to promote the general
welfare of the city and the safety, health, peace, good order, comfort,
convenience, and morals of its inhabitants, as fully and completely as
though such powers were specifically enumerated in this charter, and no
enumeration of particular powers in this charter shall be held to be
exclusive but shall be held to be in addition to this general grant of powers.

§ 2.2. Financial powers.

In addition to the powers granted by other sections of this Charter the
city is empowered: ,

§ 2.201. To raise annually by levy of taxes and assessments in the
city on all property, real and personal, as is now or may be subject to
taxation by cities by the laws of this Commonwealth, such sums of money
as the council shall deem necessary for the purposes of the city, in the
manner as the council shall deem expedient in accordance with the Consti-
tution of this State and of the United States.

§ 2.202. To impose special or local assessments for local improve-
ments and to enforce payment thereof, subject to such limitations pre-
scribed by the Constitution and laws as may be in force at the time of the
imposition of such special or local assessments.

§ 2.203. To require by ordinance the owner of every motor vehicle
kept and every motor vehicle regularly used in the city for business pur-
poses, except passenger buses which have a point of origin and destination
without the city, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license to operate the same by
making application to the city treasurer, or such other person as may be
designated by the council to issue said license, and to require the vehicle
owner to pay an annual license fee therefor to be fixed by the council
provided that the license shall not exceed the amount charged by the State
on the said vehicle.

§ 2.204. To establish, levy, and collect, except when prohibited by
general law, a tax or license on any person, firm, or corporation, except
motor vehicle carriers liable for and which pay the road tax calculated
on gross receipts prescribed by § 58-638 of the Code, pursuing or con-
ducting any trade, business, profession, occupation, employment or calling
whatsoever within the boundaries of the city, whether a license may be
required therefor by the State or not, and may exceed the State license,
if any be required, and may provide penalties for nonpayment thereof.

§ 2.205. To establish, levy, and collect taxes for admission to or
other charge for any public amusement, entertainment, performance,
exhibition, lecture, sport or athletic event in the city, which taxes may be
added to and collected with the price of such admission or other charge.

§ 2.206. To establish, levy, and collect taxes upon the amount paid
for the use of water, electricity, gas, telephone or other public utility
service used within the city, which taxes may be added to and collected
with the bills rendered the purchasers of such service.

2.207. To establish, levy, and collect a tax on all subjects of taxa-
tion not prohibited to it by, nor exempted in, the Constitution and general
laws of Virginia.

§ 2.208. To establish, levy, and enforce the collection of water and
sewage rates and charges, and rates and charges for public utilities,
products, or conveniences, operated, rented or furnished by the city; and
to assess, or cause to be assessed, after reasonable notice to the owner or
owners, water and sewage rates and charges directly against the owner or
owners of the buildings or against the proper tenant or tenants. In the
event such rates and charges are assessed against the owner or owners
such rates and charges, together with such penalties and interest not to
exceed six per centum as the council may by ordinance prescribe, shall
constitute and be a lien against the real estate and buildings in or on which
such service is rendered and may be filed in the clerk’s office of the Circuit
Court of the city of Buena Vista and collected in the same manner as
delinquent taxes are filed and collected; and in the event such rates and
charges shall be assessed against a tenant then the council may by ordi-
nance, require of such tenant a deposit of such reasonable amount as it
may by such ordinance prescribe before furnishing such service to such
tenant.

§ 2.209. To charge and to collect fees for permits to use public
facilities and for public services and privileges. The said city shall have
the power and right to charge a different rate for any service rendered
or convenience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.

§ 2.210. To accept or refuse gifts, donations, bequests, or grants
from any source for any purpose related to the powers and duties of the
city government. |

§ 2.211. To provide, or aid in the support of, public libraries, public
schools, public hospitals, and recreational facilities.

2.212. To provide for the control and management of the fiscal
affairs of the city, and prescribe and require the adoption and keeping of
such books, records, accounts and systems of accounting as may be
necessary to give full and true accounts of the affairs, resources, and
revenues of the city and the handling, use and disposal thereof.

§ 2.213. To provide each fiscal year for the assessment and valuation
of all property, real and personal, within the corporate limits of the city,
for the purpose of local taxation. The authority hereby vested is not to
conflict with any State control of local assessments or valuation, but is to be
exercised generally for all other purposes of local taxation and revenue.
§ 2.214. To borrow money, contract debts, and make and issue, or
cause to be made and issued, as evidence thereof, bonds, notes, or other
obligations, within the limitations prescribed by the Constitution, and in
accordance with the provisions of the law concerning bond issues by cities,
upon the credit of the city, or solely upon the credit of specific property
owned by the city or solely upon the credit of income derived from
property used in connection with any public utility owned or operated by
the city. Except, that any bonded indebtness shall be by referendum and
passed by a majority of the qualified voters and all other indebtedness
incurred by the city council shall not exceed fifty percent of the previous
years taxes levied against real estate, except in case of fire, flood, epidemic
or other disaster or act of God in which life and property are in danger.

§ 2.215. To expend the money of the city for all lawful purposes.

§ 2.3. Powers relating to public works, utilities, and properties.

In addition to the powers granted by other sections of this charter,
the city is empowered:

§ 2.301. To acquire by purchase, gift, devise, condemnation or
otherwise property, real or personal, or any estate therein within or
without the city for any of the purposes of the city; and to hold, improve,
sell, lease, mortgage, pledge, or otherwise, dispose of the same or any
part thereof, including any property now owned by the city.

§ 2.302. To own, operate and maintain waterworks and to acquire
in any lawful manner in any county of the State, such water, lands,
property rights, riparian rights as the council may deem necessary for the
purpose of providing an adequate water supply to the city and of piping
and conducting the same; to lay, erect and maintain all necessary mains
and service lines, either within or without corporate limits of the city, for
the distribution of water to its customers and consumers, both within and
without the corporate limits of the city and to charge and collect water
rents thereof; to erect and maintain all necessary dams, pumping stations
and other works in connection therewith; to make reasonable rules and
regulations for promoting the purity of its water supply and for protecting
the same from pollution; and for this purpose to exercise full police powers
and sanitary control over all land comprised within the limits of the
watershed tributary to any such water supply wherever such lands may be
located in this State; to 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 carry out the powers herein granted, the
city may exercise within the State all powers of eminent domain provided
by the laws of this State.

§ 2.3038. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, armories,
sewage disposal plants, jails, comfort stations, markets, and all buildings
and structures necessary or appropriate for the use and proper operation
of the various departments of the city; and to acquire by condemnation
or otherwise, all lands, riparian and other rights, and easements necessary
for such improvements, or any of them; either within or without the city;
and to construct, maintain or aid therein, roads and bridges to any
property owned by the city and situated beyond the corporate limits
thereof, and to acquire the land necessary for the aforesaid by condemna-
tion or otherwise.

§ 2.304. To survey, establish, enter, open, widen, extend, grade,
construct, pave, maintain, light, sprinkle, and clean public streets, high-
ways, alleys, sidewalks, parkways or parks and to relocate, alter or close
the same; to regulate the weight of loads to be hauled or carried over and
upon the streets insofar as such regulation of weights of loads does not
conflict with general State laws relating to load limits to be carried or
transported over State highways; to regulate the use of all such highways,
parks, streets, alleys, parkways, and public places; to prevent the obstruc-
tion, destruction or injury to any of such streets, alleys or highways in
conformity with the general State laws in effect from time to time; to
require any railroad company operating a railroad at the place where any
highway or street is crossed within the limits of the city to construct and
maintain adequate crossings and to erect and maintain at such crossing any
style of gate or warning signal deemed proper; to regulate the operation
and speed of all cars, motorcycles, bicycles or vehicles upon said streets
or highways as well as the speed of all engines, cars, or railroad trains
within the city; to permit or prohibit towers, poles or wires for electric,
telephone, telegraph, radio, or television purposes to be erected or wires
or gas or water lines to be laid in the streets or alleys, and to prescribe and
collect an annual charge for such privileges hereafter granted; to require
the owner or lessee of any electric light, telephone, telegraph, radio or
television towers, poles, or wires, or the owner or lessee of gas, sewer or
water mains or lines, now in use or hereafter erected or constructed to
change the location or remove the same; to construct, maintain, and
operate bridges, viaducts, subways, tunnels, sewers, and drains; to plant,
maintain or remove shade trees along the streets and upon public grounds;
and to do all other things whatsoever to make said streets and highways
safe, convenient, and attractive.

§ 2.305. To establish, maintain, and regulate the use of parks, golf
courses, playgrounds, and public grounds and to keep them lighted and in
good order; to construct in such parks, playgrounds, and public grounds,
as the city may maintain, or upon any city property, stadia, swimming
pools, gymnasia, and recreation or amusement buildings, structures, or
enclosures of every character, refreshment stands, restaurants, et cetera;
to charge admission for use of the same, and to rent out or lease the
privileges of constructing or using such stadia, swimming pools, recreation
or amusement buildings, structures, or enclosures of every character,
refreshment stands, or restaurants, et cetera,

§ 2.306. To establish, construct, and maintain sanitary sewers,
sewer lines and systems, and to require the abutting property owners to
connect therewith; to establish, construct, maintain and operate sewage
disposal plants; to acquire by condemnation or otherwise, within or without
the city, all lands, rights of way, riparian and other rights, and easements
necessary for the purposes aforesaid; and to charge, assess, and collect
reasonable fees, rentals, assessments or costs of service for connection
with and using the same.

§ 2.307. To grant franchises for public utilities subject to the
provisions of the Constitution and general laws of Virginia and this
charter; provided, however, the city shall at any time have the power to
contract for, own, operate, manage, sell, encumber or otherwise dispose of,
either within or without the city any and all public utilities for the city and
to sell the services thereof, existing franchise to the contrary notwith-
standing.

§ 2.308. To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the city and to supply
electricity, and gas whether the same be generated or purchased by said
city, to its customers and consumers both without and within the corporate
limits of the said city, at such price and upon such terms as it may pre-
scribe, and to that end it may contract and purchase electricity and gas
from the owners thereof upon such terms as it may deem expedient.

§ 2.309. To establish, maintain and operate a landing field or airport
within or without the city and for such purpose to acquire real estate by
gift, lease, purchase or condemnation; to lease such landing field or airport
to others to be used for any lawful purposes; to erect and maintain build.
ings and appurtenances necessary for the use of such landing field or
airport and to prescribe and enforce rules and regulations not in conflict
with the laws, rules and regulations prescribed by the State of Virginia
and the federal governments, for the use and protection of such landing
field or airport.

§ 2.310. To give names to or alter the names of streets, and to
establish and maintain a system of house numbering.

§ 2.311. To acquire in any lawful manner for the purpose of encour-
aging commerce, industry, and manufacture, lands within or without the
city not exceeding at any one time one hundred acres in the aggregate and
from time to time to sell or lease the same or any part thereof for industrial
or commercial uses and purposes.

§ 2.312. To acquire, construct, own, maintain and operate, within
and without the city, places for parking or storage of vehicles by the
public, which shall include but shall not be limited to parking lots, garages,
buildings, and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city government or by a
board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such places
or any portions thereof, pursuant to lease or agreement, upon such terms
and conditions as the council may determine by ordinance; and charge or
authorize the charging of compensation for the parking or storage of
vehicles or other services at or in such places.

§ 2.313. To accept, by ordinance, or to refuse the dedication of
streets, alleys, easements or other public use or purpose unless the title to
the same be acquired in fee simple in accordance with any subdivision
regulatiohs adopted under the provisions of Article 7.

§ 2.314. To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, for any lawful purpose
of the city.

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.

§ 2.4. Power to make regulations for the preservation of the safety,
health, peace, good order, comfort, convenience, morals and welfare of
the city and its inhabitants.

In addition to the powers granted by other sections of this charter,
the city shall have power to pass and enforce by-laws, rules, regulations,
and ordinances, not in conflict with this charter or prohibited by the
general laws of the Commonwealth for the preservation of the safety,
health, peace, good order, comfort, convenience, morals, and welfare of
its inhabitants, and among such powers, but not in limitation thereof, the
city is empowered:

§ 2.401. To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials; to contract for or regulate
the collection and disposal thereof.

§ 2.402. To inspect, test, measure and weigh any commodity or
commodities, or articles of consumption for use within the city; and to
establish, regulate, license and inspect weights, meters, measures and

g 2.408. To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of the same, or any of them, within the city.
§ 2.404. To compel the abatement and removal of all nuisances
within the city or upon property owned by the city beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the city, to be kept clean and
sanitary and free from stagnant water, weeds, filth and unsightly deposits,
or to make them so at the expense of the owners or occupants thereof;
and to collect said expenses by suit or motion or by distress and sale; to
pass and enforce any ordinance that may be necessary to the public safety
for the control of dogs; to regulate, or prevent slaughter houses or other
noisome or offensive business within the city, the keeping of hogs, or other
animals, poultry or other fowl! therein, or the exercise of any dangerous
or unwholesome business, trade or employment therein; to regulate the
transportation of all articles through the streets of the city; to compel
the abatement of smoke, dust, vapor, odor, stench, industrial waste,
residue, refuse or radioactive substance; and prevent radio interference
and unnecessary noise; to regulate the location of stables and the manner
In which they shall be kept and constructed; to regulate the location,
construction, operation, and maintenance of billboards, signs, advertising,
and generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetic sensibilities, safety, conven-
ience and welfare of the inhabitants of the city; and to require all owners
or occupants of property having sidewalks in front thereof to keep the
same clean and sanitary, and free from all weeds, filth, unsightly deposits,
ice and snow.

§ 2.405. To extinguish and prevent fires, and to establish, regulate
and control a fire department or division; to regulate the size, height,
materials and construction of buildings, fences, walls, retaining Walls and
other structures hereafter erected in such manner as the public safety and
conveniences may require; to remove or require to be removed or recon-
structed any building, structure or addition thereto which by reason of
dilapidation, defect of structure or other causes may have become danger-
ous to life or property, or which may be erected contrary to law; after
September 1952 to establish and designate from time to time fire limits,
within which limits wooden buildings shall not be constructed, added to,
enlarged or repaired 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 materials; and may enact stringent and
efficient laws for securing the safety of persons from fires in halls and
buildings used for public assemblies, entertainments or amusements.

§ 2.406. To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gun powder,
nitroglycerine, liquid petroleum, kerosene oil or other like materials, to
regulate the discharge of firearms, and the making of bonfires in the
streets and yards; to prohibit the sale and use of fireworks.

§ 2.407. To provide for regular and safe construction of houses in
the city for the future; and to provide building, plumbing and electrical
codes for the city, and setback lines on the streets and alleys.

§ 2.408. To provide for the preservation of the general health of
the inhabitants of the city, make regulations to secure the same, inspect
all foodstuffs, and prevent the introduction and sale in the 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; to prevent the introduction or spread of contagious or
infectious diseases, and prevent and suppress disease generally ; to provide
and regulate hospitals within or without the city limits, and if necessary
to the suppression of disease, to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided for them; to
construct and maintain or to aid in the construction and maintenance
of a hospital or hospitals for the use of the people of the city.

_ § 2.409. To provide and maintain, either within or without the
city, charitable, recreative, curative, corrective, detentive or penal
Institutions. :

§ 2.410. To prevent fowls and animals being kept in or running at
large in the city, or any thickly populated portion thereof, and to subject
the same to such taxes, regulations and penalties as the council may think
proper.

2.411. To prevent the riding or driving of horses or other animals
at an improper speed, to prevent the flying of kites, throwing of stones,
or engaging in any sort of employment in the public streets which is
dangerous or annoying to property owners or passersby, and to prohibit
and punish the abuse of animals. ,

__§ 2.412. To control, regulate, limit and restrict in so far as not pro-
hibited by general law, the operation of motor vehicles carrying passengers
for hire upon the streets or alleys of the city; to regulate the use of
automobiles and other automotive vehicles upon the streets; to regulate
the routes in and through the city to be used by motor vehicle carriers
operating in and through the city and to prescribe different routes for
different carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic therein
as may be necessary for the general welfare. .

§ 2.413. To exercise full police powers and establish and maintain a
department or division of police.

§ 2.414. To restrain and punish drunkards, vagrants and street
beggers, to prevent and quell riots, disturbances and disorderly assem-
blages ; to suppress houses of ill-fame and gambling houses; to prevent and
punish lewd, indecent and disorderly exhibitions in the city; to expel
therefrom persons guilty of such conduct who have not resided therein
as much as one year. .

§ 2.415. To prohibit and punish for mischievous, wanton or
malicious damage to school and public property, as well as private
property.

§ 2.416. To offer and pay rewards for the apprehension and
conviction of criminals. |

§ 2.417. To prohibit begging, soliciting, or the peddling or hawking
of any article for sale on the streets of the city.

§ 2.418. To punish for contempt of court, releasing or attempting
to release a prisoner, or interfering in any manner with an officer in the
exercise of his official duties. ,

§ 2.419. To make and enforce ordinances to regulate, control, license
and tax the manufacture, bottling, sale, distribution, handling, advertising,
possession, dispensing, drinking and use of alcohol, and all liquids,
beverages and articles containing alcohol obtained by distillation, fermen-
tation or otherwise; provided, however, that no such ordinance shall be in
conflict with any of the provisions of the Alcoholic Beverage Control Act
or the general laws of this Commonwealth with respect to such alcoholic
beverages, liquids, and articles.

§ 2.420. To provide for the protection of the city’s property, real
and personal, the prevention of the pollution of the city’s water supply,
and the regulation of the use of parks, playgrounds, playfields, recreational
facilities, cemeteries, airports and other public property, whether located
within or without the city. For the purpose of enforcing such regulations
all city property wherever located shall be under the police jurisdiction
of the city. Any member of the police force of the city or employee
thereof appointed as a special policeman shall have power to make arrests
for violation of any ordinance, rule or regulation adopted pursuant to this
section and the trial justice shall have jurisdiction in all cases arising
thereunder within the city and the trial justice court of the county wherein
the offense occurs shall have jurisdiction of all cases arising thereunder
without the city; provided that the trial justice of the city shall have
concurrent jurisdiction as to offenses occurring within one mile of the
corporate limits of the city.

§ 2.421. To prescribe the location in, under or over, and grant
permits for the use of, streets, alleys, and other public places for the
maintenance and operation of tracks, poles, wires, cables, pipes, conduits,
bridges, subways, vaults, sewers, areas and cellars; to require tracks,
poles, wires, cables, pipes, conduits and bridges to be altered, removed or
relocated whether permanently or temporarily ; charge and collect compen-
sation for the privileges so granted and prohibit such use of the streets,
alleys and other public places of the city without the consent of the council.

_§ 2.422. To prevent any obstruction of or encroachment over, under
or in any street, alley, sidewalk or other public place; provide penalties
for maintaining any such obstruction or encroachment, remove the same
and charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroaching, and collect the sum charged
in any manner provided by law for the collection of taxes; to require the
owner or owners or the occupant or occupants of the property so obstruct-
ing or encroaching to remove the same; authorize encroachments upon
streets, alleys, sidewalks or other public places, subject to such terms and
conditions as the council may prescribe, and recover possession of any
street, alley, sidewalk or other public place or any other property of the
city by suit or action.

§ 2.428. To regulate, in the interest of public health, the production,
preparation, distribution, and sale of milk, other beverages and foods for
human consumption, and the places in which they are produced, prepared,
distributed, sold, served or stored; regulate the construction, installation,
maintenance and condition of all water and sewer pipes, connections,
toilets, water closets and plumbing fixtures of all kinds; regulate the con-
struction and use of septic tanks and dry closets, and the sanitation of
swimming pools; compel the use of sewers, the connection of abutting
premises therewith, and the installation in such premises of suitable sani-
tary facilities; regulate or prohibit connections to and use of sewers; to
prevent the connecting of roof drains and storm sewers to the sanitary
sewer system; to regulate or prohibit the use of garbage disposal units
connected to the sanitary sewer system; and make and enforce all regu-
lations necessary to preserve and promote public health and sanitation
ane protect the inhabitants of the city from contagious, infectious or other

iseases.

§ 2.424. To regulate the light, ventilation, sanitation and use and
occupancy of buildings heretofore or hereafter constructed, altered, re-
modeled or improved, and the sanitation of the premises surrounding
the same.

§ 2.425. To enjoin and restrain the violation of any city ordinance
or ordinances, although a penalty is provided for conviction of such
violation.

§ 2.426. To prescribe penalties for the violation of any city ordi-
nance, rule, or regulation, not exceeding five hundred dollars or twelve
months’ imprisonment in jail, or both, but not exceeding any penalty
established by the Commonwealth for a similar offense.

§ 2.427. To make and adopt a comprehensive plan for the city, and
to that end all plats and replats hereafter made subdividing any land
within the city or within two miles thereof, into streets, alleys, roads, and
lots or tracts shall be submitted to and approved by the council or such
official or board, including the Buena Vista Planning Commission, as the
council designates in any regulations controlling the orderly subdivision
of land it may adopt before such plats or replats are filed for record or
recorded in the office of the clerk of the city of Buena Vista, Virginia.

§ 2.428. To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general welfare, com-
fort, education, morals, peace, government, health, trade, commerce, or
industries of the city, or its inhabitants.

ARTICLE 3. ADMINISTRATION AND GOVERNMENT

_ § 3.1. The administration and government of the city of Buena
Vista shall be vested in the common council and in such other officers
and boards as are hereinafter provided for or may be appointed by the
common council or prescribed by State laws for cities of this class. There
shall be two wards, as there now exists, until such time as it may be
changed in the manner prescribed by law.

§ 3.2. All contracts and obligations of the city of Buena Vista here-
tofore made by the present council and government while in office, not
inconsistent with this charter and the general laws and Constitution
of this State, shall be and are hereby declared to be valid and legal obliga-
tions of the city of Buena Vista.

§ 3.8. The council of the city of Buena Vista shall consist of a body
of five members elected at large, all of whom shall be residents of the
city of Buena Vista and the State of Virginia for one year and are
qualified to vote in the city of Buena Vista.

§ 3.4. The council shall be elected in the manner prescribed by law,
as follows:

At the regular municipal election to be held on the second Tuesday in
June 1952, five members shall be elected, to take office on September Ist
next following the date of their election. The three members, each of
whom has received more votes in said election than either of the other
two members, shall serve as members of the council for terms of four
years each. The remaining two members shall serve for terms of two
years each. At the regular municipal election to be held on the second
Tuesday in June 1954, and each four years thereafter, two councilmen
shall be elected each for a term of four years beginning on the first day
of September next following their election. At the regular municipal
election to be held on the second Tuesday in June 1956, and every four
years thereafter, three councilmen shall be elected each for a term of four
years beginning on the first day of September next following their election.
Each councilman elected hereinabove provided shall serve for the term
stated or until his successor shall have been elected and qualified. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason of expiration of the term
of office or removal of any of its members. Provided, however, in the
event membership of the council shall for any reason, be reduced to two
or less members, the clerk of the council shall cause notice of such fact
to be directed to the judge of the Circuit Court of the city of Buena Vista,
Virginia, who would, thereupon, order a special-election to be held within
30 days, and all vacancies shall be filled for the unexpired term thereof
at such election.

§ 3.5. All other vacancies shall be filled within thirty days, for the
unexpired term, by majority 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 councilman following such vacancy and
such vacancy occurs in time to permit it, then the council shall fill such
vacancy only for the period remaining until such election and a qualified
person shall then be elected by the qualified voters and shall from and
after the date of his election and qualification succeed such appointee and
serve the unexpired term. The number of candidates equal to the number
of vacancies to be filled for full terms receiving the highest number of
votes shall be entitled to such full terms and the candidate receiving the
next highest of votes shall be entitled to the unexpired term caused by
such vacancy.

§ 3.51. Any member of the council who shall have been convicted
of a felony while in office shall thereby forfeit his office.

§ 3.6. All powers of the city and the determination of all matters
of policy shall be vested in the council. Except as otherwise provided in
this charter, the council is empowered to:

§ 3.601. Appoint and remove the city manager, the clerk of the
council, the city attorney, issuing justices, coroner, and officers of the
volunteer fire department.

§ 3.602. Adopt the budget of the city.

§ 3.603. Inquire into the conduct of any office, department or agency
of the city, make investigations as to municipal affairs and shall have the
power to subpoena witnesses and require the production of records.

§ 3.604. Appoint the members of the Buena Vista School Board and
fill any vacancies thereon. Appoint the members of the planning com-
mission, the board of zoning appeals, and the recreation commission, and
fill any vacancies thereon.

§ 3.605. Create a housing authority.

§ 3.606. Adopt and modify the official map of the city.

§ 3.607. Enact and adopt all laws and ordinances relating to its
municipal affairs, subject to the Constitution and general laws of the
Commonwealth and of this charter and may from time to time amend,
reamend or repeal any or all of its ordinances for the proper regulation,
management and government of the city and impose fines and penalties
for the violation or nonobservance thereof.

§ 3.608. To compel the attendance of its members, and to punish
its members for disorderly behavior and by vote of two-thirds of the whole
council, expel a member for good cause.

§ 3.609. To be the judge of the election and qualifications and
returns of its members and for such purpose shall have the power to sub-
poena witnesses and require the production of records.

§ 3.610. To require and.secure such bonds for any of the city
employees as it may deem necessary.

§ 3.6 To keep a journal of its proceedings, which journal shall
be open to public inspection.

3.61 To fix the salaries and wages of all officers and employees
of the city as herein specifically provided.

§ 3.7. On the first day of September 1952, and on the first day of
September every second year thereafter, or if such a day fall on Sunday,
then on the following Monday, the council shall choose by a majority vote
of all its members thereof one of their number to be mayor and one to be
vice-mayor for the ensuing two years. The mayor shall preside over the
meetings of the council, have the same right to speak therein as other
members and shall have a vote but no veto. He shall be recognized as the
head of the city government for all ceremonial purposes, the purpose of
military Jaw, and the service of civil process. The vice-mayor shall in the
absence or disability of the mayor perform the duties of mayor, shall
become mayor for the unexpired term. In the absence or disability of both
the mayor and vice-mayor the council shall, by majority vote of those
present choose one of their number to perform the duties of mayor.

§ 3.8. The salaries of the mayor and councilmen shall be fixed by a
commission to be appointed by the judge of the Circuit Court of the city
of Buena Vista, after September 1956, notwithstanding the fact that at
the special election held on the 5th day of December 1950, a majority of
the qualified voters of the city of Buena Vista voting therein, voted that
the councilmen shall serve without compensation.

§ 3.9. The council is empowered, subject to the provisions of the
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 once each month. They shall also provide for
the calling of special meetings by the mayor or by any three members 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 transacted and no other
business shall be transacted at such meetings except by the unanimous
consent of all the members of the council. The meetings of the council
shall be open to the public, except when the public welfare, in the opinion
of three-fourths of the council, requires secrecy. A majority of the council
shall constitute a quorum for the transaction of business.

3.901. Except in dealing with questions of parliamentary pro-
cedure, the council shall act only by ordinance or resolution, and all ordi-
nances, except ordinances making appropriations, or authorizing the con-
tracting of indebtedness or issuance of bonds or other evidence 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.

§ 3.902. The enacting clause of all ordinances passed by the council
shall be: “Be it ordained by the council of the City of Buena Vista”. No
ordinance, unless it be an emergency measure, shall be passed until it has
been read at two regular meetings not less than seven days apart, unless
the requirement of such reading has been dispensed with by the affirma-
tive vote of four of the members of the council. No ordinance or section
thereof shall be revised or amended by its title or section 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 ordi-
nances or resolutions and entered upon the journal of the proceedings of
the council and every ordinance or resolution shall require, on final passage,
the affirmative vote of at least three of its members.

§ 3.903. 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 two-thirds of its
members present, 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 making a grant, renewal, or extension
of a franchise or other special privilege or regulating the rate to be charged
for its services by any public utility, shall be so passed as an emergency
measure.

§ 3.904. Every ordinance 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 clerk of the council.

§ 3.905. Every member, when present, when a question is put, shall
vote unless excused by the council. But no member who has any personal
or financial interest in the result of any ordinance or resolution before the
council shall vote thereon.

§ 3.906. At the first meeting in September following each council-
manic election, or as soon thereafter as practicable the council shall
appoint:

§ 3.907. A city manager who shall be the administrative and execu-
tive head of the municipal government. He shall be chosen by the council
without regard to political beliefs and solely upon the basis of his executive
and administrative qualifications. At the time of his appointment he need
not be a resident of the city or the Commonwealth but during his tenure
of office shall reside within the city. He shall be appointed and hold
office during the pleasure of the council. He shall receive such com-
pensation as shall be provided by the council by ordinance or resolution.
He may be bonded as the council may deem necessary. During the
absence or disability of the city manager or in case of a vacancy, the
council may designate some properly qualified person to perform the
duties of the office during such absence, disability, or vacancy. No
councilman shall receive such appointment during the term for which
he shall have been elected, nor within one year after the expiration of his
term. Neither the council nor any of the members shall direct or request
the appointment as hereinafter provided, of any person to office by the
city manager or by any of his subordinates. Except for the purpose of
inquiry, the council and its members shall deal with the administrative
service solely through the city manager and neither the council nor any
member thereof shall give orders to any subordinates of the city manager,
either publicly or privately. The city manager shall have the authority
and it shall be his duty: |

§ 3.908. To see that all laws, ordinances, resolutions, and by-laws
of the council are faithfully enforced.

§ 3.909. To appoint such 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 of any
officer having supervisory or administrative authority to the council for
confirmation at the next meeting thereof following any such appointment.
The chief of police so appointed by the city manager and confirmed by
the council shall have the power to discipline his subordinates and with
the approval of the city manager to discharge any subordinate for just
cause.

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

§ 3.911. To recommend to the council for adoption such measures
as he may deem necessary or expedient.

§ 3.912. 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
financial condition and its future financial needs.

§ 3.913. To prepare and submit to the council a tentative budget
for the next fiscal year as provided by the general law and by this charter.

§ 3.914. To make all contracts on behalf of the city pursuant to a
resolution or an ordinance of the council and to act as city purchasing
agent.

§ 3.915. To supervise and control all encumbrances, expenditures
and, disbursements and to insure that budget appropriations are not ex-
ceeded.

§ 3.916. To protect the interests of the city by causing to be with-
held the payment of any claim or demand by any person, firm, or corpora-
tion against the city until any indebtednes or other liability due from
such person, firm or corporation shall have first been settled and adjusted.

§ 3.917. To perform such other duties as may be prescribed or re-
quested by council.

§ 3.918. The council shall also appoint a clerk of the council, for
an indefinite term. The clerk so appointed shall receive such compensation
as shall be provided by the council by ordinances or resolution. The
clerk shall have the following duties:
§ 3.919. To be the custodian of the corporate seal.

§ 3.920. To give notice of council meetings.

§ 3.921. To keep a journal of council proceedings. ;

§ 3.922. To authenticate by signature and record in full in a book
kept for that purpose all ordinances and resolutions.

§ 8.923. The council shall also appoint a city attorney for an In-
definite term, who shall be an attorney at law to practice under the laws
of the Commonwealth. He shall receive such compensation and fees as
shall be provided by the council by ordinance or resolution. He shall have
the following powers and duties:

§ 3.924. _To be the legal advisor of the council, the city manager
and of all departments, boards, commissions and agencies of the city,
including the school board, in all matters affecting the interests of the
city and shall upon request furnish a written opinion on any question of
law involving their respective official powers and duties.

§ 3.925. To prepare, at the request of the city manager or any mem-
ber of council, ordinances for introduction and, at the request of the coun-
cil or any member thereof, shall examine any ordinance after introduction
and render his opinion as to the form and legality thereof.

§ 3.926. To draw or approve all bonds, deeds, leasés, contracts or
other instruments to which the city is a party or in which it has an
interest. ,

§ 3.927. To represent the city as counsel in any civil case in which
it is interested and in any criminal case when so requested by the city
council, arising under and by virtue of the ordinances of the city.

§ 3.928. The city council at its first meeting in September 1952 and
every two years thereafter, shall appoint a civil and police court justice,
a substitute trial justice and one or more issuing justices, subject to the
approval of the judge of the Circuit Court of the city of Buena Vista. The
civil and police court justice may serve as one of the issuing justices.

§ 3.929. The city council shall appoint at its first meeting in Sep-
tember 1952 fire department officers as provided in § 27-13 Code of

§ 3.930. There shall be elected by the qualified voters of said city
on Tuesday after the first Monday in November, nineteen hundred
fifty-three and every four years thereafter, the following officers: a city
treasurer, a commissioner of the revenue, an attorney for the Common-
wealth, and a city sergeant for said city who shall hold their offices for
four years from the first day of January following their election. And
until their successors are duly elected and qualified unless sooner removed
from office and there shall be elected as prescribed by the general assem-
bly of this State one clerk of the court who shall hold office for eight
years. All of said elections shall be conducted under the general laws of
the Commonwealth of Virginia and when two or more persons are run-
ning for the same office the one receiving the highest number of votes
shall be declared elected. The council may at its discretion combine in one
person an elective and an appointive office, where the duties of such
office do not conflict.

§ 3.931. The councilmen and all elective officers before entering
upon the duties of their respective offices shall be sworn according to the
laws of the Commonwealth of Virginia by any one authorized to administer
oaths under the laws of this State. If any person elected or appointed to
any office in said city shall neglect to take the oath of office required of
him for sixty days after receiving notice of his election or appointment
or neglect to give bond as required of him, he shall be considered as
having declined such office and the same may be declared vacant and the
vacancy filled as provided in this act.

§ 3.932. The city treasurer shall be elected every four years in the
manner and the time hereinbefore mentioned. He shall give bond in
such sum as the council may prescribe with surety to be approved by the
council, conditioned upon the faithful discharge of his official duties in
relation to the revenue of the city, and of such other official duties as may
be imposed on him by the charter and the ordinances of the city. The
city treasurer shall be responsible for the collection of taxes, licenses and
levies due to the city, as well as water taxes or rents. He shall have
authority to appoint and remove his deputy or clerk when he deems it
necessary. Delinquent taxes and levies shall be transferred from his office
into the hands of a special collector when in the discretion of the council
it shall be proper to do so. He shall receive all money belonging to the
city which it is his duty to collect from persons, firms and corporations
owing the same to the city, or which it is the duty of other officers to
collect and pay over to him, and pay the same out as the ordinances of the
city and State law prescribe; to keep such monies safe and account
therefor and pay all drafts and orders made in conformity with the city
ordinances and State laws.

§ 3.933. The funds of the city shall be deposited by the treasurer
in such bank or banks as the council may direct. He shall keep books
showing accurately the state of his accounts and the money and he is
hereby expressly prohibited from using directly or indirectly the money
of the city or State in his custody and any violation of this provision shall
subject him to immediate removal from office.

§ 3.9384. The books and accounts of the city treasurer and all papers
relating to accounts and transactions of the city, shall be at all times,
during business hours, subject to the inspection of the city manager, the
city councilmen, the mayor and such persons as the council may appoint
to examine the same and all such books and accounts, together with any
balance or moneys on hand shall be transferred by the treasurer to his
successor or be delivered up as the council may require.

§ 3.935. The city treasurer shall render an account to the city
manager and the council each month showing the state of the financial
condition of the city up to the end of the previous month and the balance
of money on hand, and he shall furnish such other information as the city
manager or council may direct.

§ 3.986. The city treasurer shall render an annual account to the
city manager and the council at the first meeting of each new fiscal year
and account for all money taken in and money paid out during the previous
fiscal year.

§ 3.937. All taxes, levies or other sums of money received by the
treasurer belonging to the city shall be credited by the treasurer on his
books to the city of Buena Vista.

§ 3.938. All money received on special assessments shall be held by
the treasurer in a special fund, to be applied to the payment to the account
for which the assessment was made and said moneys shall be used for
no other purpose.

§ 3.939. The treasurer shall perform such other duties as may be
required of him by the council not inconsistent with State laws.

§ 3.94 The treasurer shall receive for his services the compensa-
tion allowed by the ordinances of the city and the Compensation Board
of the State of Virginia.

§ 3.941. The commissioner of the revenue shal] be elected for four
years at the time and in the manner hereinbefore provided. He shall give
bond of such type and amount as the council may prescribe, conditioned
for the faithful performance of all his duties under this charter, the ordi-
nances of the city of Buena Vista and the laws of the Commonwealth of
Virginia. The commissioner of revenue shall perform all duties in relation
to the assessment of property for the purpose of levying taxes that may
be ordered by the city council and such other duties as the council may
prescribe or direct. He shall keep his office in the courthouse building
and shall keep therein such books, schedules, and records and other papers
which shall be subject to inspection and examination by the city manager,
members of the city council or any committee thereof. He shall receive
for his services the compensation allowed by the Compensation Board of
the State of Virginia and the ordinances of the city of Buena Vista. He
shall assess all real estate and personal property in accordance with the
laws of the Commonwealth of Virginia and the ordinances of the city
of Buena Vista.

§ 3.942. The city sergeant shall be elected for four years at the
time and in the manner hereinbefore provided. Before entering upon his
duties he shall give bond as may be prescribed by the laws of the Common-
wealth of Virginia and the ordinances of the city of Buena Vista, condi-
tioned for the faithful discharge of his duties as such officer. The city
sergeant shall attend the terms of the circuit court of said city and shall
act as an officer of the said court and shall have the authority and powers
and jurisdiction which is granted to sergeants of other cities of the class
of Buena Vista by the general laws of the Commonwealth of Virginia and
the ordinances of the city of Buena Vista and he shall perform such duties
as may be prescribed by the State laws and the ordinances of the city of
Buena Vista. The city sergeant is to be conservator of the peace and in
criminal matters or offences shall have jurisdiction for one mile beyond
the city limits of Buena Vista in enforcing the criminal laws of the
Commonwealth of Virginia.

§ 3.948. The attorney for the Commonwealth shall be elected for
four years at the time and in the manner hereinbefore provided, and shall
hold office until his successor be elected and qualified. He shall represent
the Commonwealth in the courts of the said city in all Commonwealth
cases where he is required by law to act. He shall receive such compensa-
tion as prescribed by the Compensation Board of the State of Virginia
and the ordinances of the city of Buena Vista.

§ 3.944. The clerk of the corporation court shall be elected for eight
years as prescribed by the laws of this State and shall have the same
powers and duties as provided by the laws of the Commonwealth of
Virginia in respect to clerks of cities of this class and shall receive such
fees as are provided by law for such clerks and in addition, such compensa-
tion as the council may provide.

ARTICLE 4. FINANCIAL’ ADMINISTRATION

§ 4.1. Budgets and Appropriations.

§ 4.11. The fiscal year of the city shall begin on the first day of July
and end on the thirtieth day of June of the succeeding year.

4.12. Between the first and thirtieth day of April, the city manager
shall submit to the council separate current expense budgets for the
general operation of the city government, hereinafter referred to as the
general fund budget, and for each utility operated by the city and a capital
budget. :

§ 4.18. The general fund and/or utility budgets shall contain:

§ 4.131. An itemized statement of the appropriations recommended
with comparative statements in parallel columns showing appropriations
made for the current and next preceding year.

§ 4.1382. An itemized statement of the taxes and/or utility service
charges required and of the estimated revenues of the city and/or utilities
from all other sources for the ensuing year, with comparative statements
in parallel columns of the taxes and other sources of revenue for the cur-
rent and next proceeding year and of the increases or decreases estimated
or proposed.
§ 4.1383. A statement of the financial condition of the city and/or
utilities.

§ 4.134. A budget message relative to the condition, reasons, etc.,
connected with the estimates for the ensuing year together with a work
program showing the undertakings to be begun and those to be completed
during the next year.

§ 4.135. Such other information as may be requested by council.

§ 4.14. At the same time that the city manager shall submit a
general fund and/or utility budget he shall introduce appropriation ordi-
nances listing the appropriation for each department, utility, branch,
board or commission which ordinances shall also fix the tax rate on real
and personal property; on bank stock for the ensuing fiscal year; and
service charges on utilities. Said budget shall act as the supporting
schedules for the appropriation ordinances.

§ 4.15. A public hearing on the budget plan as a whole shall be
held by the council within thirty days after its submission to the council
but not until a resume of the proposed budgets and notice of such hearing
shall have been published at least one time in a newspaper of general
circulation within the city at least ten days prior to such hearing. After
the conclusion of the public hearing the council may insert new items of
expenditure or may increase, decrease, or strike out any item of expendi-
ture in the budgets except that for debt service.

§ 4.16. Within forty days, but in no event later than the thirty-first
day of May, the council shall approve, upon the affirmative vote of a
majority of the membership of the council, a general fund and/or utility
budget and adopt appropriation ordinances. If for any reason the council
fails to approve the budgets on or before such date, then the budgets as
submitted by the city manager shall be the budgets for the ensuing year
and the appropriation ordinances recommended by the city manager shall
have iad same force and effect as if the same had been adopted by the
council.

§ 4.17. The council may, after referring to the city manager for
a recommendation, make additional appropriations during the fiscal year
upon the affirmative vote of three members of the council.

§ 4.18. Any portion of an annual appropriation, except for capital
expenditures, remaining unexpended and unencumbered at the close of
the fiscal year, shall lapse.

§ 4.19. The capital budget shall contain a program previously acted
upon by the city planning commission, as provided in § 7.101 of this
charter, of proposed capital improvement projects, for the ensuing fiscal
year and for the four fiscal years thereafter, with his recommendations
as to the means of financing the improvements proposed for the ensuing
fiscal year. The council shal] have power to accept with or without amend-
ments or reject the proposed program and proposed means of financing
for the ensuing fiscal year but, except in the case of emergency as provided
in Article 3 of this charter, the council shall not authorize any capital
improvement project or make any appropriation therefor unless the
appropriation for such project is included in the capital budget as adopted
by it. The council shall take final action on the capital budget not later
than the twenty-eighth day after the date prescribed for the adoption of
the general fund budget. No appropriation for a capital improvement
project contained in the capital budget shall lapse until the purpose for
which the appropriation was made shall have been accomplished or aban-
doned, provided that any project shall be deemed to have been abandoned
if three fiscal years elapse without any expenditure from or encumbrance
of the appropriation therefor. Any such lapsed appropriation shall be
applied to the payment of any indebtedness incurred in financing the
project concerned and the next capital budget. Nothing herein contained
shall be construed to limit the power of the city council to originate or
initiate capital Improvements.

§ 4.2. Bids and Purchases.

At least two bids shall be secured on all purchases involving more than
$100.00 except, when the council orders a different procedure; when only
one bid can be secured; and in cases of emergency. The fact that bids are
received does not make it mandatory that the low bid be accepted in all
cases. The council must approve purchase before placing order if low bid
is not accepted.

§ 4.3. Independent Audit.

Prior to the end of each fiscal year the council shall designate qualified
certified public accountants or the Auditor of Public Accounts of the
Commonwealth of Virginia,: who, as of the end of the fiscal year, shall
make an independent audit of accounts and other evidence of financial
transactions of the city government and shall mail a copy of their report
to each member of the city council and to the city manager. The auditors
shall postaudit the books and documents kept by the treasurer and any
separate or subordinate accounts kept by any other office, department or
agenty 0 the city government.

ns.

A lien shall exist on all real estate and personal property within the
corporate limits for taxes, levies, and assessments in favor of the city,
together with all penalties and interest at the rate of six per centum due
thereon from the end of the year for which the same were assessed and
the procedure for collecting said taxes, for selling real estate for city
taxes and for the redemption of real estate sold for city taxes shall be
the same as provided in the general law for the State to the same extent
as if the provisions of said general law were herein set out at length. The
said city and its treasurer shall have the benefit of other and additional
remedies for the collection of city taxes which are now or hereafter may
be granted or permitted under the general law. All goods and chattels
wheresoever found may be distrained and sold for taxes and licenses
assessed and due thereon; and no deed of trust or mortgage upon goods
and chattels or real estate shall prevent the same from being distraind
and sold for taxes and licenses assessed against the grantor in such deed
while such goods and chattels remain in the grantor’s possesion.

ARTICLE 5. ADMINISTRATION OF JUSTICE

§ 5.1. There shall be for the said city of Buena Vista a circuit
court to be held four times each year at a time to be fixed by the judge of
said circuit court and for as many days as are necessary.

§ 5.2. The said court shall have concurrent jurisdiction with the
circuit court of Rockbridge County to hear and determine all motions,
matters and things made cognizable by any statute, authorized by law to
be done by or in the circuit courts of this Commonwealth.

5.38. The said court shall have exclusive original jurisdiction over
all matters of probate and record, all felony cases arising within the cor-
porate limits of this city and concurrent jurisdiction with the trial justice
in misdemeanors as provided by State law, and concurrent jurisdiction
with the courts of Rockbridge County in matters arising within one mile
of the corporation limits of the city of Buena Vista as provided by the
State laws. |

§ 5.4. The said court shall have exclusive original jurisdiction to
hear and determine al] matters and things which may become the subject
matters of suits or proceedings in courts arising under the charter of this
city, or other laws relating thereto, and of all cases of contested elections
in said city, except so far as otherwise provided.
§ 5.5. The said court and the judge thereof in vacation shall possess
the same jurisdiction and powers and shall perform the same duties as
are vested in and imposed upon other circuit courts and the judge thereof
by any law or statute of this State relating to circuit courts.

§ 5.6. The judge of the said circuit court shall be elected or appointed
as provided by State laws of Virginia and shall receive such salary or
compensation as may be fixed by State laws and the council of Buena Vista.

§ 5.7. The trial justice shall be a qualified attorney and shall be
elected at the time, in the manner and for the term provided in § 3.928,
Article 3, and during the term of his office shall not hold any other
public office but may serve as judge of the juvenile and domestic relations
court.

§ 5.8. Oath and Bond.

Such trial justice, before entering upon the performance of his
duties, shall take the official oath required by State law, before the circuit
court of the city or the judge thereof in vacation and shall give such bond
as the court may require for the faithful performance of his duties as
trial justice.

§ 5.9. Compensation.

‘Such trial justice shall receive such salary as the city council may
determine, to be paid in monthly or semimonthly installments, out of the
treasury of the city, and he shall receive no other compensation for his
services as trial justice. His salary shall not be increased or diminished
during his term of office.

§ 5.901. Daily Sessions, Substitute.

The office of such trial 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 trial 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 the death, absence
or disability of such substitute trial justice. In the event of the inability
of the trial 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 trial 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 twenty-fifth of a
monthly installment of the salary of the trial justice for the time served,
payable out of the treasury of the city, and the council may, from time
to time, determine whether or not such compensation shall be deducted
from the salary of the trial justice. While acting as such, either the trial
justice or the substitute trial justice may perform said acts with reference
to the proceedings and judgments of the other in any warrant, claim, or
proceedings, before the court of the trial justice in the same manner and
with the same force and effect as if they were his own.

5.902. Fees, costs and fines shall be assessed, fixed and collected
by the trial justice in the same manner as provided by general law, and
all such fees, costs, and fines collected shall be paid into the city treasury
for the use and benefits of the city, provided that fines, costs and fees
due to the State shall be paid to the proper officials of the State.

§ 5.908. Courtroom equipment and supplies.—The city council shall
provide a suitable courtroom for such trial justice and shall furnish all
necessary equipment and supplies. Such equipment and supplies shall be
under the control of the trial justice and shall remain the property of
the city.

§ 5.904. Removal from office.—The said trial justice may be removed
or suspended from office by the circuit 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 reasonable notice to the
said trial justice to be affected thereby, such officers shall have the right
to demand a trial by jury.

§ 5.905. Vacancy.—Any vacancy occurring in the office of trial
justice shall be filled by the council by election of a person with the quali-
fications prescribed in 5.7 of this section.

§ 5.906. Judge of the juvenile and domestic relations court; his
election, qualification, et cetera. _

There shall be a juvenile and domestic relations judge as provided by
general law. The civil and police court justice may also hold the office of
juvenile and domestic relations judge.

§ 5.907. Police force.—The police force shall be composed of a super-
intendent 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 regula-
tions 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 shal] 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 circuit court that
he will faithfully without fear or favor perform the duties of this office,
and such oath shall be filed with the clerk of said court and preserved
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.

§ 5.908. 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 detectives or other special police officers.

§ 5.909. 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 cognizance 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 commis-
sion 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
inhabitants 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
city and shall make due return thereof.
§ 5.910. The city manager shall prescribe the uniforms and badges
for the members of the police force, and direct the manner in which a
member 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.

ARTICLE 6. SCHOOLS
§ 6.1. Wards.

The city of Buena Vista shall be divided into two wards, heretofore
defined in Article 3 of this charter, and each ward shall constitute a
separate school district. (1950 Code of Virginia, § 22.44)

§ 6.2. Members of school board.

The city council shall appoint a school board consisting of three
members from each school district in a manner prescribed by the laws of
the Commonwealth. (1950 Code of Virginia, § 22.98)

§ 6.201. Expansion.

If by reason of expansion or annexation of territory, or for any other
reason, the city of Buena Vista be divided into more than two wards,
each ward shall be a school district, but the city council shall appoint not
more than six members to the school board, with each school district
having equal representation if possible; and if equal representation is
impossible, then there shall be equal representation insofar as is possible,
with one or more members being appointed at large to make up the full
composition of the school board, which shall in no case be more than six
nor less than five members; provided that in redistricting, no member of
the then current school board shall be removed until the expiration of
his term of office.

§ 6.202. Length of Service.

No member of the school board shall serve more than two consecutive
terms of office, but this is not to be construed to mean that a member who
has served two consecutive terms cannot be reappointed after a lapse of
one year; and this section does not apply to any terms of office which began
prior to July 1, 1952.

§ 6.203. Current Terms.

Present members of the school board, meaning members at the. time
this charter becomes operative, shall continue in office until the expiration
of their current terms.

§ 6.3. General Provisions. !

The establishment, maintenance, and operation of a system of free
public schools within the city of Buena Vista shall be under the control
of the school board, appointed by the city council in accordance with the
provisions of this charter, the Constitution of Virginia, the laws of the
Commonwealth, and the regulations of the state board of education; and
said board shall have all the rights, privileges, powers, and duties granted
or empowered by the said provisions, Constitution, laws, and regulations;
and nothing in this charter shall negate any rights privileges, powers, or
duties granted or empowered to the school board by said provisions, Consti-
tution, laws, and regulations; and neither shall the school board have any
such rights, privileges, powers, and duties not provided by said provisions,
Constitution, laws and regulations. (1950 Code of Virginia, § 22.89, et
seq.)

ARTICLE 7. PLANNING—ZONING—SUBDIVISION CONTROL

§ 7.1. The city council, in addition to any other powers, shall have
and may exercise all other powers which now or may hereafter apply to
cities under the Constitution and general laws of this State as pertains
to the following:
§ 7.101. The power to adopt, administer, and enforce by ordinance
a master plan for the comprehensive long-range development of the city,
provided however that any such master plan so adopted shall first have
been subjected to a thorough study of not less than one year by a planning
commission or board appointed for that specific purpose; and, provided
further that such master plan after adoption shall not be later altered
except by referendum following at least one year of study by a planning
commission or board appointed by the city council for that specific
purpose.

§ 7.102. The power to adopt, administer and enforce, by ordinance,
a comprehensive zoning plan for the control of location, type, use, height,
area, bulk, and arrangement of all structures, buildings, improvements to
land and premises, and to provide for a zoning board of appeals.

§ 7.103. The power to adopt, administer and enforce, by ordinance,
a comprehensive plan for the regulation of all subdivisions of land within
the city, or outside the city when served by the city with utilities including
any of the following:

Water, sewage lines, fire protection or safety protection.

§ 7.104. The power to adopt, administer and enforce, by ordinance,
any building code, and/or electrical, plumbing, heating, ventilating, fire
safety or other code for the safety, uniformity, appearance, convenience,
and construction, alteration, or repair of any building, or structure used
by the public or for private use within the city unless otherwise provided
for in this charter.

ARTICLE 8. GENERAL PROVISIONS

§ 8.1. Officers to hold over until their successors are appointed
and qualified. :

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

§ 8.2. Present ordinances and rules and regulations continued in
effect.

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

§ 8.3. General powers.

The city of Buena Vista and all the officers thereof elected or appointed
in accordance with the provisions of this act shall be clothed with all the
powers and subject to all the provisions of general law not in express
conflict with the provisions of this act.

§ 8.4. Constitutionality.

If any clause, sentence, paragraph, section or part of this act shall,
for any reason, be adjudged by any court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or
invalidate the remainder of said act, but shall be confined in its operations
to the clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment shall have been rendered.

§ 8.5. Citation of act.—This act may for all purposes be referred
to or cited as the city of Buena Vista Charter of 1952.

2. Chapter 225 of the Acts of Assembly of eighteen hundred ninety-two,
ninety-three, approved February fifteen, eighteen hundred ninety-two,
and all amendments thereto, are repealed.

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