CHAPTER 577

An Act to provide for the creation and incorporation of the City of
Elizabeth City, including the Town of Phoebus, to provide a charter
and form of government therefor; to prescribe its confines; to transfer
certain powers, rights, duties, obligations, property and other matter:
to provide how the foregoing may be accomplished; to continue certain
ordinances and acis, and preserve certain rights.

[H 556]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

§ 1. Method of Adopting this Charter.

The provisions of this act shall not become or be effective unless and
until a majority of the qualified voters of the County of Elizabeth City,
including the Town of Phoebus, voting on the question votes, in an election
ordered and held as hereinafter provided, in favor of incorporating the
County of Elizabeth City, including the Town of Phoebus, as a city of the
first class.

The Circuit Court of the County, or the Judge thereof in vacation,
shall, within fifteen days after receipt of a request made by resolutions
adopted by the Board of County Supervisors of the County and by the
Town Council of the Town, or by a petition of the qualified voters of the
County in a number equal to not less than fifteen per centum of the votes
cast in the said County and Town at the last preceding gubernatorial
election, make an order requiring the judges of election of the said county
and town, on a date stated therein, to open a poll and take the sense of
the qualified voters of the county and town on the question of whether
the County of Elizabeth City, including the Town of Phoebus, shall be
incorporated as a city of the first class. Said poll shall be taken at the
next regular election in said county if there shall be such a regular election
held in said county not less than thirty days nor more than ninety days
from the date of said order, but otherwise shall be taken at a special
election, called for that purpose, to be held not less than thirty days nor
more than ninety days from the date of said order but in no event within
thirty days prior to or following a regular election in the county.

Notice of the holding of such election shall be given by the posting
by the sheriff of the County of Elizabeth City of one or more copies of a
notice in such form as may be prescribed by the judge of the circuit court
of the county, at each and every polling place in the county not less than
fifteen days prior to the date stated in said order of the circuit court, or
the judge thereof in vacation, directing said election to be held.

The ballots for use at such election shall be provided and distributed
by the electoral board of said county to the judges of election in the several
voting districts of the county and town, within the time and in the manner
prescribed by law, and, on the day fixed by the order so made by the court,
or judge, for the holding of said election, the regular election officers of
the county shall open a poll and take the sense of the qualified voters of
the county and town on the question hereinafter mentioned. Such election
shall be held and conducted in the same manner prescribed by law for
other elections, provided, however, that the ballots for use at such election
shall be printed to read as follows:

Question: Shall the County of Elizabeth City, including the Town of
Phoebus, be incorporated as a city of the first class?

[] Yes

[] No

Votes shall be cast, ballots shall be counted and the returns shall be
made and canvassed as in other elections, and the results certified by the
commissioners of election to the clerk of the court, or the court or judge
calling such election.

If it shall appear by the report of the commissioners of election that
a majority of the voters of the county, including the town of Phoebus,
voting on the question are in favor of the incorporation of said county
and town as a city of the first class and a body politic and corporate, the
county clerk shall certify that fact to the circuit court if in session, or
to the judge thereof in vacation, whereupon the circuit court, or the judge
thereof in vacation, shall enter of record an order directing that the
government of said county and town as a county and town shall cease to
exist as hereafter provided, when the new city government provided for
in this act shall immediately become effective.

The City of Elizabeth City shall come into existence and this Charter
shall become effective on the first day of July next following the election
provided for in this Charter in which the qualified voters of the County
of Elizabeth City and Town of Phoebus shall determine that the county
and town shall be incorporated as a city of the first class.

§ II. Charter of the City of Elizabeth City
CHAP 1
INCORPORATION AND BOUNDARIES

__§ 1.01. Incorporation. The inhabitants of the territory comprised
within the limits of the County of Elizabeth City, including the town of
Phoebus, as the same now are or may hereafter be established by law,
are hereby declared to be a body politic and corporate under the name of
the City of Elizabeth City 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. .

§ 1.02. Boundaries. The boundaries of the City of Elizabeth City
as herein provided shall coincide and be coextensive with the boundaries
of Elizabeth City County, including the boundaries of the Town of
Phoebus, as they exist immediately preceding the effective date of this
charter. There shall also be included in the City any territory within such
boundaries ceded to the Commonwealth of Virginia by any Government
or agency thereof.

CHAP 2
POWERS

§ 2.01. General Grant of Powers. 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 laws of the Common-
wealth and all other powers pertinent to the conduct of a city government
the exercise of which is not expressly prohibited by the 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.

a. The City shall have the power and authority for making and im-
proving the walkways upon then existing streets, and improving and pav-
ing then existing alleys, and for either the construction, or for the use of
sewers, and the Council shall have the power to impose a tax or assessment
upon the land abutting such improvements, or abutting the street along,
or within which such improvements are constructed. But such assessment
shall not be in excess of the peculiar benefits resulting to the fund from
such improvements.

b. The method of establishing such assessment, including provision
for determination of the amount thereof, notice, hearing, judicial review
and creation and enforcement of the lien thereof, may be determined by
ordinance.

c. The Council shall likewise have and exercise such powers in rela-
tion to special benefit assessments and public facility levies or charges,
as may be vested in it by general law, or as may have been possessed by
the County Board of Elizabeth City County, immediately preceding in-
corporation.

§ 2.02. Financial Powers. In addition to the powers granted by
other sections of this charter the city shall have power:

(a) To raise annually by taxes and assessments in the city such sums
of money as the council shall deem necessary to pay the debts and defray
the expenses of the city, in such manner as the council shall deem expedi-
ent, provided that such taxes and assessments are not prohibited by the
laws of the Commonwealth. In addition to, but not as a limitation upon,
this general grant of power, the city shall have power to levy and collect
ad valorem taxes on real estate and tangible personal property and ma-
chinery and tools; to levy and collect taxes for admission to or other charge
for any public amusement, entertainment, performance, exhibition, sport,
or athletic event in the city, which taxes may be added to and collected
with the price of such admission or other charge; to levy on and collect
taxes from purchasers of any public utility service, which taxes may be
added to and collected with the bills rendered purchasers of such service;
to establish, impose, and enforce sewerage rates and to impose or to levy
rates and charges for garbage collection, or other services, products, or
conveniences, operated, rendered, or furnished by the city; except where
prohibited by general law, to require licenses, prohibit the conduct of any
business or profession without such a license, require taxes to be paid on
such licenses in respect of all businesses and professions which cannot, in
the opinion of the council, be reached by the ad valorem system; and to
require licenses of owners of vehicles of all kinds for the privilege of using
the streets, alleys, and other public places in the city, require taxes to be
paid on such licenses and prohibit the use of streets, alleys, and other
public places in the city without such license, and to require licenses of
operators of trailer camps or sites in said city.

(b) To make appropriations, subject to the limitation imposed by
this charter for the support and operation of the city government and any
other purposes authorized by this charter and not prohibited by the laws
of the Commonwealth.

§ 2.038. Construction of Powers. The powers which are now or may
hereafter be conferred upon or delegated to the city under the Constitution
and laws of the Commonwealth and this charter shall be liberally con-
strued when such powers are exercised by the city and in case of doubt as
to the existence of a power such doubt shall be resolved in favor of the city.

CHAP 3
THE CITY COUNCIL

§ 3.01. The areas comprising Wythe Magisterial District, Chesa-
peake Magisterial District and the Town of Phoebus at the moment of
incorporation shall hereafter be known as the boroughs of Wythe, Chesa-
peake and Phoebus respectively and shall serve as election districts in the
the City of Elizabeth City and for such other purposes as authorized by
this charter and the laws of the Commonwealth of Virginia.

(a) The persons holding office as members of the Board of Super-
visors of Elizabeth City County and the person holding office as the Mayor
of the Town of Phoebus at the moment of incorporation of the County,
including the Town, shall become members of the Council of the City of
Elizabeth City. They shall continue to constitute all of the said Council
of Elizabeth City until the election of an additional member at large as
hereinafter provided for, and thereafter together with such member at
large shall serve as the City Council of the City of Elizabeth City until the
election and qualification of their successors, as provided for in § 3.01 (c)
hereof, notwithstanding the duration of the term of office for which such
persons may have been originally elected.

(b) At the next general election following an election to determine
whether or not the County of Elizabeth City. including the Town of Phoe-
bus, shall incorporate as hereinafter provided, if in said election the ma-
jority shall favor incorporation, there shall be elected a member of the
Council of the City of Elizabeth City on a general ticket from the City at
large. Such election shall be held in accordance with the general laws of
the Commonwealth pertaining to elections. Any person offering for elec-
tion as such councilman at large shall be a qualified voter of one of the
three boroughs in the City of Elizabeth City. The Council, as provided for
in this chapter, shall continue to have and exercise all of the rights, powers
and privileges conferred and shall be subject to all the duties, liabilities
and restrictions imposed by law for the Government of cities of the first
class of this Commonwealth until their successors shall be elected on the
second Tuesday in June 1955, as provided for in this chapter.

(c) On the second Tuesday in June 1955, there shall be a general
City election, at which time there shall be elected five councilmen. Each
borough shall be entitled to one councilman, who shall be a resident and
qualified voter of the borough from which he is elected by the qualified
voters of said borough. There shall be, in addition thereto, two council-
men on a general ticket from the City at large, which councilmen at large
shall be a resident and qualified voter of any one of the three boroughs in
the City of Elizabeth City. The five member council so elected shall take
office on July 1st, 1955, and shall serve a term of four years. Thereafter
there shall be a general councilmanic election every four years, held on
the second Tuesday in June, with the terms of the councilmen elected at
such elections, beginning July 1st following their election. The candidates
from each ward receiving the highest number of votes shall be declared
elected, and the candidates running at large receiving the highest number
of votes in the entire City shall be declared elected. The general laws of
the Commonwealth relating to the conduct of elections, so far as pertinent,
shall apply to the conduct of the general municipal election.

§ 3.02. Vacancies in Office of Councilman. Vacancies in the office
of councilman from whatever cause arising shall be filled for the unex-
pired portion of the term by a majority vote of the remaining members
of the Council, or if the Council shall fail to act within thirty days of the
occurrence of the vacancy, by appointment of the Circuit Court of the
City of Elizabeth City or the Judge thereof in vacation.

§ 3.08. Compensation of Councilmen. Councilmen shall receive the
sum of $100.00 per month as compensation for their services. The Mayor
shall receive $125.00 per month.

(a) No member of the Council shall during the term for which he
was elected or for one year thereafter be appointed to any office of profit
under the government of the city.

§ 3.04. Rules of Procedure. 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 be not less frequently than once in each month.
They shall also provide for the calling of special meetings by the mayor;
the city manager or any two 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 meeting
except by unanimous consent of all the members of the council. A majority
of the members of the council shall constitute a quorum for the transaction
of business.

§ 3.05. Voting. 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 adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative vote of at least three members. All voting except on procedural
motions shall be by roll call and the ayes and noes shall be recorded in the
journal.

§ 3.06. Election of Mayor and Vice-Mayor. At the first meeting of
the council after this charter becomes effective, and at each succeeding
meeting immediately following the taking of office of councilmen after a
general councilmanic election, the council shall choose by majority vote of
all the members thereof one of their number to be mayor and one to be
vice-mayor for the ensuing term. The mayor shall preside over the meet-
ings of the council and shall have the same right to vote and speak therein
as other members. He shall be recognized as the head of the city govern-
ment for all ceremonial purposes, the purposes of military law, and the
service of civil process. The vice-mayor, in the absence or disability of
the mayor shall perform the duties of mayor, and if a vacancy shall occur
in the office of mayor, the vice-mayor shall become mayor for the unex-
pired portion of the term. In the absence or disability of both the mayor
and the vice-mayor, the council shall by majority vote of those present
choose one of their number to perform the duties of mayor.

§ 3.07. Clerk to the Council. The council shall appoint a clerk to
the council for an indefinite term. He may be the same person who serves
as clerk of the circuit court for the city of Elizabeth City. He shall keep
the journal or the council’s proceedings and shall record all ordinances in
a book kept for the purpose. He shall be the custodian of the corporate seal
of the city and shall be the officer authorized to use and authenticate it.
He shall receive such compensation as clerk to the council as may be deter-
mined by the council.

Powers of City Council. All powers of the City of Elizabeth
City as a body politic and corporate shall be vested in the council except
as otherwise provided in this charter. The council shall be the policy
determining body of the city and shall be vested with all the rights and
powers conferred on councils in cities of the first class, not inconsistent
with this charter. In addition to the foregoing, the council shall have the
following powers:

(a) To have full power to inquire into the official conduct of any
office or officer under its control, and to investigate the accounts, receipts,
disbursements, and expenses of any city employee; for these purposes it
may subpoena witnesses, administer oaths and require the production of
books, papers, and other evidence; and in case any witness fails or refuses
to obey any such lawful order of the council, he shall be deemed guilty of a
misdemeanor.

(b) To provide for the performance of all the governmental func-
tions of the city and to that end to provide for and set up all departments
and agencies of government that shall be necessary. Whenever it is not
designated in this charter what officer or employee of the city shall exer-
cise any power or perform any duty conferred upon or required of the
city, or any officer thereof, by general law, then any such power shall be
exercised or duty performed by that officer or employee of the city so
designated by ordinance or resolution of the council. Any activity which
is not assigned by the provisions of this charter to specific departments
or agencies of the city government shall, upon recommendation of the city
manager, be assigned by the council to the appropriate department or
agency. The council may further, upon recommendations of the city man-
ager, create, abolish, reassign, transfer, or combine any city functions,
activities, or departments.

(c) After the close of each fiscal year the council shall cause to be
made an independent audit of the accounts, books, records, and financial
transactions of the city by the Auditor of Public Accounts of the Com-
monwealth or by a firm of independent certified public accountants to be
selected by the council. The report of such audit shall be filed within such
time as the council shall specify and one copy thereof shall be always
available for public inspection in the office of the clerk to the council dur-
ing regular business hours.
(d) Either the council or the city manager may at any time order
an examination or audit of the accounts of any officer or department of
the city government. Upon the death, resignation, removal, or expiration
of the term of any officer of the city, the director of -finance shall cause
an audit and investigation of the accounts of such officer to be made and
shall report the results thereof to the city manager and the council. In
case of the death, resignation, or removal of the director of finance, the
council shall cause an audit to be made of his accounts. If as a result of
any such audit, an officer be found indebted to the city, the council shall
proceed forthwith to collect such indebtedness.

(e) The council shall fix a schedule of compensation for all city
officers and employees other than the constitutional officers cited in this
charter, which shall provide uniform compensation for like service. The
council may by ordinance define certain classes of city officers and em-
ployees whose salaries shall be set by the city manager, except that this
provision shall not apply to the constitutional officers, the heads of city
departments, and judge.

(f) To prescribe the amount and condition of surety bonds to be
required of such officers and employees of the city as the council may
prescribe.

§ 3.09. Vacancies in Constitutional Offices. Vacancies in the offices
of treasurer, commissioner of the revenue, city sergeant, clerk of the
circuit court and the attorney for the Commonwealth shall be filled by
the circuit court, or the judge thereof in vacation, in accordance with the
provisions of general law.

CHAP 4
THE CITY MANAGER

§ 4.01. Appointment, Tenure, Compensation, and Residence. The
council shall appoint a city manager, who need not be a resident of the
city at the time of his appointment, and fix his compensation. He shall
be the chief administrative and executive officer of the city and shall devote
his full time to the work of the city. No member of the council shall,
during the time for which he has been elected, or for one year thereafter,
be chosen city manager, nor shall the managerial powers be given to a
person who at the same time is filling an elective office.

The city manager shall not be appointed for a definite tenure, but
shall be removable at the pleasure of the council. The council may suspend
him from office, provided that the period of suspension shall be limited
to thirty days. The action of the council in suspending or removing the
city manager shall not be subject to review.

In case of the absence or disability of the city manager, the council
may designate some qualified person to perform the duties of the office.

§ 4.02. Powers and Duties. The city manager shall be responsible
to the council for the proper administration of all the affairs of the city
which the council has authority to control. As the administrative and
executive head of the city government, he shall be responsible to the council
for guarding adequately all expenditures, securing proper accounting for
all funds, looking after the physical property of the city, exercising
general supervision over all city departments, institutions, and agencies,
and co-ordinating the various activities of the city and unifying the
managements of its affairs. To accomplish these purposes he shall have
the following specific powers and duties:

(a) The city manager shall appoint heads of departments and all
officers and employees in the administrative service of the city, except
as otherwise provided in this charter, and except as he may authorize the
head of a department or agency to appoint subordinates in such depart-
ments and agencies. All appointments shall be on the basis of ability,
training, and experience of the appointees which fit them for the work
they are to perform. All appointments shall be without definite term,
unless for temporary service not to exceed sixty days. Any officer or
employee of the city appointed by the city manager, or upon his authoriza-
tion, may be laid off, suspended, or removed from office or employment
either by the manager or by the officer by whom he was appointed.

(b) The city manager may, with the consent of the council, act as
the director or head of one or more departments of the city, provided he
is otherwise eligible to head such department or departments and, in the
case of those officers whose appointments must be approved, his appoint-
ment is likewise approved.

(c) With the approval of the council the city manager shall, subject
to the limitations of § 3.08 (e), fix the compensation of all officers and
employees whom he or a subordinate may appoint or employ.

(d) The city manager shall enforce all resolutions and orders of the
council and see that all laws of the State required to be enforced through
the council or other city officers subject to the control of the council are
faithfully executed.

(e) He shall attend all meetings of the council and have the right
to take part in all discussions, to present his views on all matters coming
before the council, and to recommend such action as he may deem expedi-
ent. He shall have no vote.

(f) He shall submit to the council each year a proposed annual
budget. with his recommendations and execute the budget as finally
adopted. .

(g) He shall make regular monthly reports to the council in regard
to matters of administration and keep the council fully advised as to the
financial condition of the city.

(h) He shall examine regularly the books and papers of every officer
and department of the city and report to the council the condition in
which he finds them. He may order an audit of any office at any time.

(i) The city manager shall perform such other duties as may be
imposed upon him by the council.

CHAP 5

§ 5.01. City Purchasing Agent. There shall be a Purchasing Agent
appointed by the City Manager unless the City Manager serves as such.
However, the head of a department of the City Government may serve
as Purchasing Agent in addition to his other duties. The selection of a
Purchasing Agent must be on the basis of experience and qualifications
to perform the requirements of the position.

§ 5.02. Centralized Purchasing; Procedures. The purchasing of any
and all materials, supplies, equipment and other needs for the operation
of the City Government shall be made by the Purchasing Agent who shall
prescribe procedures and forms for the requisitioning of such materials,
supplies, equipment, and other needs. The head of each office, agency or
department shall be responsible for the requisitioning of any anticipated
needs of this office, agency or department in ample time to allow the Pur-
chasing Agent to vbtain competitive prices before placing purchase order,
and for delivery of items requisitioned.

§ 5.03. Emergency Requirements. The Purchasing Agent shall pre-
scribe procedures for immediate purchases for unforseeable needs by
reason of disaster and other causes preventing anticipation of the need.
The mere fact that the supply of an item is exhausted shall not be deemed
an emergency.
§ 5.04. Specifications. Wherever practicable, the Purchasing Agent
shall prepare specifications for the quality and/or dimensions of items of
materials, supplies, equipment and other needs for City use.

CHAP 6
FINANCIAL ADMINISTRATION

§ 6.01. Department of Finance. There shall be a department of
finance which shall be under the supervision of a director of finance,
appointed by the city manager, and which shall include the city treasurer
and the city commissioner of the revenue and their respective offices,
insofar as said inclusion is not inconsistent with the Constitution and gen-
eral laws of this Commonwealth.

§ 6.02. Director of Finance; Appointment and Qualifications. The
Director of Finance shall be appointed by the City Manager unless the
City Manager serves as such. He shall be selected on the basis of his
knowledge, experience and fitness in accepted municipal accounting, tax-
ation and budgetary principles and practices.

§ 6.03. General Duties of Director. The director of finance shall be
the administrative head of the department of finance and as such shall
have charge of the financial affairs of the city, including such powers and
duties as may be assigned to the director of finance, or department of
finance, by the ordinance or resolution of the council not inconsistent with
the Constitution and general laws of this Commonwealth. To that end
he shall have authority and shall be required to:

(a) Compile the current expense estimates for the budget for the
City Manager;

(b) Compile the capital estimates for the budget for the City Man-
ager ;

(c) Supervise and be responsible for the disbursement of all expendi-
tures to ensure that budget appropriations are not exceeded;

(d) Maintain a general accounting system in conformity with ac-
cepted principles of governmental accounting for the city government and
each of its offices, departments and agencies; keep books for, and exercise
financial budgetar y control over each office, depar tment and agency: and
keep separate accounts for the items of appropriation contained in the
appropriation ordinance, each of which accounts shall show the amount of
appropriation, the amounts paid therefrom, the unpaid obligations against
it and the unencumbered balance. Additional accounts for classification of
expenditures shall be maintained to provide adequate information for
budgetary purposes;

(e) Submit to the City Manager and Council, at least monthly, or
more frequently, if required. financial statements in sufficient detail to
show the exact financial condition of the City;

(f) Prepare for the City Manager, as of the end of each fiscal year,
a complete financial statement and report;

(g) Supervise and be responsible for the purchase, storage and dis-
tribution of all supplies, materials, equipment and other articles used by
any office. department or agency of the city government;

(h) Approve all proposed expenditures and unless he shall certify
that there is an unencumbered balance of appropriated and available
funds, no expenditures shall be made;

(i) Audit all claims against the city for goods or services and to
ascertain that such claims are in accordance with the purchase orders or
contracts of employment from which the same arise.

§ 6.04. Other Duties of Director. The Director of Finance shall per-
form such other duties as may be imposed upon him by the council or city
manager.
§ 6.05. Expenditures and Accounts. No money shall be drawn from
the treasury of the city, nor shall any obligation for the expenditure of
money be incurred, except in pursuance of the annual appropriation ordi-
nance or legally enacted supplement thereto, or subsequent resolution en-
acted by the council. Accounts shall be kept for each item of appropria-
tion made by the council. Each such account shall show in detail the ap-
propriations made thereto, the amount drawn thereon, the unpaid obliga-
tions charged against it, and the unencumbered balance in the appropria-
tion account, properly chargeable, sufficient to meet the obligation entailed
by contract, agreement, or order. The director of finance shall counter-
sign each and every warrant drawn on the City Treasury for the expendi-
ture of public money; and his countersignature shall constitute a certificate
that such warrant has been issued in accordance with the requirements of

is section.

§ 6.06. Real Estate Reassessments. Reassessments of real estate
taxable by the city shall be made at the times, in the manner, and by the
persons as provided by general laws affecting the former county of Eliza-
beth City.

§ 6.07. Disposition of Moneys. All moneys received or collected for
the use of the city from any source shall be paid over, held, and disbursed
as the council may order or resolve, and in such depository or depositories
as may be prescribed by the council, either by ordinance or resolution. Such
depository or depositories may be required to furnish such security, and
under such conditions, as the council may prescribe, not inconsistent with
general laws of the Commonwealth. :

§ 6.08. Fiscal Year. The fiscal year of the city government shall
begin on the first day of July and shall end on the last day of June of each
calendar year. Such fiscal year shall also constitute the budget and
accounting year.

§ 6.09. Plan of Financial Operation. Estimates of proposed expendi-
tures in each fiscal year shall be embodied into a plan for the financial
operation of the City Government and its services and other activities,
which plan, or budget shall be a guide in the control of the said financial
operation, but which may be revised from time to time during the course
of the fiscal year as provided hereafter in §§ 6.10 and 6.12 of this Chapter.

§ 6.10. Tentative Budget. The City Manager shall, on or before
April fifteenth of each year, prepare and submit to the Council a tentative
budget containing a complete itemized and classified plan of all proposed
expenditures and all estimated revenues and borrowings for the City
including those for school purposes, for the ensuing fiscal or appropria-
tion year. Opposite each item of proposed expenditures, the budget shall
show in separate parallel columns the amount appropriated for the pre-
ceding appropriation year, the amount expended during that year, the
amount appropriated for the current year, and the increases or decreases
in the proposed expenditures for the ensuing year as compared with the
appropriation for the current year.

The tentative budget shall be accompanied by:

(a) A statement of the contemplated revenues and disbursements,
liabilities, reserves and surplus or deficit of the City as of the date of the
preparation of the budget.

(b) An itemized and complete financial balance sheet for the City
at the close of the last preceding appropriation year.

§ 6.11. Public Hearing; Notice; Publication. A brief synopsis of
the budget shall be published in a newspaper published and printed and
having general circulation in the City, or if there be none then in some
newspaper having general circulation therein; and notice given of one
or more public hearings, at least fifteen days prior to the date set for
hearing, at which a citizen or property owner of the City shall have the
right to attend and state his views thereon. Such hearing may be ad-
journed from time to time until completed.

_ § 6.12. Adoption of Budget; Change Permitted Thereafter. Follow-
ing such public hearing, and before the annual tax levy is made, the
Council shall approve its final budget for the next ensuing fiscal year by
means of an annual appropriation ordinance.

§ 6.13. Extraordinary Appropriations and Expenditures.

(1) Reallocation of Budgeted Funds.

The Council, upon the recommendation of the City Manager, may
from time to time during the fiscal year adopt supplementary appropriation
resolutions, varying the allocation of funds as set up by the budget and
appropriated, but which have not theretofore been expended. Such re-
allocation and re-appropriation may be made only within the limits defined
in § 6.12 of this Chapter.

(2) Appropriation of Surplus Funds.

The Council, upon the recommendation of the City Manager, may also
from time to time adopt resolutions appropriating surplus funds for stated
purposes. Surplus funds shall include only the following:

(a) Revenue receipts made available by the lapsing of unencumbered
appropriation balances and unappropriated surplus funds at the beginning
‘e fhe budget year and not included as estimated receipts in the current

uaget ;

(b) Receipts from revenue of the preceding fiscal year which have
not been included in the estimate of receipts in the current budget and
which are otherwise unencumbered.

(3) Emergency Appropriations.

The Council may also make an emergency appropriation to meet a
pressing need for public expenditure, for other than a regular or recurring
requirement, to protect the public health, safety or welfare. Such appro-
priation shall be by resolution adopted by the favorable vote of at least
four-fifths of the members of the Council and shall be made upon the
recommendation of the City Manager. The total amount of all such appro-
priations made in any budget year shall not exceed surplus funds available
at the time, or necessary funds provided by legal borrowing as set forth
in this Charter.

§ 6.14. Borrowing Powers. The Council may, in the name and for
the use of the city, incur indebtedness by issuing its negotiable bonds or
notes for the purposes, in the manner, and to the extent provided for in
the following paragraphs of this chapter.

§ 6.15. Purpose for Which Bonds or Notes May be Issued. Bonds,
and notes in anticipation of bonds when the issuance of bonds has been
authorized as hereinafter provided, may be issued for any purpose for
which cities of the first class are authorized to issue bonds by the Con-
stitution or general laws of this State. All bonds shall be in serial form
payable, as consecutively numbered, in annual installments the first of
which shall be payable not more than one year from the date of issue
of such bonds.

Notes in anticipation of collection of revenue may be issued, when
authorized by the council, at any time during the fiscal year, provided
that said notes shall mature not later than twelve months after date of
issue, and in amount shall not exceed the revenues anticipated.

§ 6.16. Manner of Issuing Bonds and Notes. Bonds and notes of
the city shall be issued in the manner provided by general law.

§ 6.17. Limitation on Indebtedness. In the issuance of bonds and
notes, the city shall be subject to the limitations as to amount which are
contained in § 127 of the Constitution of Virginia.
§ 7.01. Department of Law. There shall be a department of law
which shall consist of the city attorney and such assistant attorneys and
other employees as may be provided by ordinance. In addition to his other
duties, the attorney for the Commonwealth may serve as city attorney.

§ 7.02. City Attorney. The head of the department of law shall be
the city attorney who shall be appointed by the City Manager with the
advice and approval of the council. He shall be an attorney at law
licensed to practice under the laws of the Commonwealth. The city
attorney shall be the chief legal advisor of the council, the city manager
and of all departments, boards, commissions, and agencies of the city,
including the school board, in all matters affecting the interests of the
city. He shall represent the city in all legal proceedings. It shall be his
duty to perform all services incident to his position as may be required
by the laws of the Commonwealth, this charter, or by ordinance. He shall
have general management and control of the department.

CHAP 8

DEPARTMENT OF PUBLIC WORKS

§ 8.01. Department of Public Works. There shall be a department
of public works which shall consist of the director of public works to be
appointed by the City Manager and such other officers and employees or-
ganized into such bureaus, divisions, and other units as may be provided
by ordinance or by the orders of the director consistent therewith.

8.02. Functions. The department of public works shall be respon-
sible for the construction and maintenance of all public buildings, streets,
roads, bridges, drains, sewers, garbage and refuse collection, and disposal,
and all other public works and construction; the care of public buildings,
and warehouses; the custody of such equipment and supplies as the coun-
cil may require; and such other powers and duties as may be assigned to
the department.

§ 8.03. Dztrector of Public Works. The head of the department of
public works shall be the director of public works. He shall have general
management and control of the several bureaus, divisions, and other units
of the department.

CHAP 9

DEPARTMENT OF HEALTH

§ 9.01. Department of Public Health. There shall be a department
of public health which shall consist of the director of public health, to be
appointed by the City Manager and such other officers and employees
organized into such bureaus, divisions, and other units as may be pro-
vided by ordinance or by orders of the director consistent therewith.

§ 9.02. Functions. The department of public health shall be respon-
sible for the exercise of all health functions imposed on municipalities by
general law and such other functions as may be assigned to the depart-
ment.

§ 9.03. Director of Public Health. The head of the department of
public health shall be the director of public health. He shall have general
management and control of the several bureaus, divisions, and other units
of the department. He shall have all the powers and duties with respect
to the preservation of the public health which now are or may hereafter
be conferred or imposed on municipal boards of health and health officers
by the laws of the Commonwealth, as well as the powers and duties con-
ferred or imposed on him by this charter and the ordinances of the city.
§ 9.04. Board of Health. The council may select two qualified citi-
zens of the city, who together with the director of public health shall con-
stitute the board of health. The board of health shall advise and cooperate
with the department of health and shall have power to adopt necessary
rules and regulations, not in conflict with law, concerning the department.
The provisions of general law relating to the establishment of local boards
of health shall not apply to the City of Elizabeth City.

§ 9.05. Contractual Services. The council may, in its discretion,
effectuate the powers, duties and functions assigned to the department of
public health in this chapter through contractual agreements with the
State department of health and neighboring cities and counties.

CHAP 10
DEPARTMENT OF PUBLIC WELFARE

§ 10.01. Director of Public Welfare. There shall be a department of
public welfare which shall consist of the director of public welfare and
such other officers and employees as may be assigned to this department
in accordance with the provisions of this charter. The director of public
welfare shall be appointed by the city manager from a list of eligibles
furnished by the State commissioner of public welfare. He shall have
charge of the public welfare functions of the city and such other functions
and activities as may be assigned to him in accordance with the provisions
of this charter. When this charter becomes effective the director of public
welfare shall, subject to the provisions of this charter, act as the local
board of public welfare in accordance with the provisions of general law
relating to the administration of public welfare in cities of the first class.

CHAP 11
DEPARTMENT OF EDUCATION

§ 11.01. School Board and Superintendent of Schools. The depart-
ment of education shall consist of the city school board, the division super-
intendent of schools, and the officers and employees thereof. Except as
otherwise provided in this charter, the city school board and the division
superintendent of schools shall exercise all the powers conferred and per-
form all the duties imposed upon them by general law.

The school board of the City of Elizabeth City shall be composed of
not less than three nor more than seven trustees, who shall be chosen by
the council. The school trustees of the County of Elizabeth City, including
the member representing the Town of Phoebus, shall become the school
trustees of the City of Elizabeth City when this charter takes effect and
continue to serve until replaced in accordance with this charter.

The division superintendent of schools shall be appointed and serve
for a term of office as prescribed by general law. The person holding office
as division superintendent of schools of Elizabeth City County at the time
this charter takes effect shall continue as division superintendent of schools
for the City of Elizabeth City and serve for the remainder of the term he
would have served as county superintendent without the adoption of this
charter. Thereafter the division superintendent of schools for the City
of Elizabeth City shall be appointed as prescribed by general law.

CHAP 12

DEPARTMENT OF RECORDS
§ 12.01. Clerk of Circuit Court. The department of records shall be
under the supervision and control of the clerk of the circuit court for the
City of Elizabeth City. He shall be clerk to the council unless the council
shall designate some other person for this latter purpose.
The Clerk of the circuit court for the City of Elizabeth City shall,
subject to the provisions of this charter, exercise all the powers conferred
and perform all the duties imposed upon such officers by general law and
be subject to the obligations and penalties imposed by general law.

CHAP 13
MUNICIPAL COURTS

§ 13.01. Civil and Police Justice. There shall be a civil and police
justice who shall be appointed by the council for a term of four years.
Appointments to vacancies shall be for the unexpired term. The trial
justice in office on the effective date of this charter shall continue in office
as the civil and police justice of the city until the expiration of his term
unless the office become vacant before expiration of said term. His suc-
cessor shall be appointed in accordance with the provisions of this charter.

§ 13.02. Civil and Police Justice—Qualifications. The civil and police
justice, at the time of his election and during his term of office, shall
reside in the City of Elizabeth City, and shall not, during his term of office,
hold any other office of public trust, but he shall serve as judge of the
juvenile and domestic relations court until, in the discretion of council,
a juvenile and domestic relations judge is appointed. The civil and police
justice shall be an attorney at law qualified and authorized to practice
law in this State.

§ 13.03. Civil and Police Justice—Jurisdiction, Compensation, and
Bond. The jurisdiction, powers, authority, and duties of the civil and
police justice shall be the same as are now or may hereafter be conferred
and imposed upon trial justices in counties by the laws of this State in
civil and criminal matters; he shall in addition have jurisdiction as to
violations of city ordinances; and the procedure, removals, and appeals
shall conform to general laws. He shall take the oath prescribed by law,
and shall receive such compensation and give such bond as the council
may prescribe.

§ 13.04. Crvil and Police Justice—Compensation. The civil and police
justice shall receive such salary as the council may determine, to be paid
out of the city treasury, and shall receive no other compensation for his
services as such civil and police justice.

§ 13.05. Substitute Crvil and Police Justice. The council shall ap-
point a substitute civil and police justice, who shall possess the same
qualifications as the civil and police justice, and may at any time revoke
such appointment and make a new appointment in the event of such
revocation, or of the death, absence, or disability of such substitute civil
and police justice. In the event of the inability of the civil and police
justice to perform the duties of his office by reason of sickness, absence,
vacation, interest in the claim, proceedings, or parties before his court or
otherwise, such substitute civil and police justice shall perform the duties
of the office during such absence or disability. The substitute civil and
police justice shall receive such compensation as the council may determine.
While acting as such, the civil and police justice or the substitute civil
and police justice may perform such acts with reference to the proceedings
and judgments of the other in any warrant, claim, or proceeding, before
the court of the civil and police justice in the same manner and with the
same force and effects as if they were his own.

13.06. Sessions of Court. The civil and police justice Court shall
be kept open for the transaction of business every day in the year except
Sundays and legal holidays.

§ 13.07. Fees, Costs, and Fines. Fees, costs, and fines shall be as-
sessed, fixed, and collected by the civil and police justice in the same
manner as such fees, fines, and costs are assessed, fixed, and collected
by trial justices under general law. All such fees, costs and fines shall
be paid into the city treasury for the benefit of the city; provided that
fines, costs, and fees due to the State shall be paid to the proper officials
of the s

§ 13.08. Clerk. The clerk of the trial justice court in office at the
time of the effective date of this charter shall continue in office as the
clerk of the civil and police justice court. The clerk shall serve at the
pleasure of the civil and police justice.

§ 13.09. Judge of the Juvenile and Domestic Relations Court. The
council may appoint a judge of the juvenile and domestic relations court,
who shall possess the same qualifications and serve for the same term as
the civil and police justice. He shall have and possess all the authority
and jurisdiction given judges of juvenile and domestic relations courts
in counties by general law; and the procedure and removals from his
court shall be governed by general law applicable to such judges in the
counties of the State. He shall take the oath prescribed by law, and shall
receive such compensation and give such bond as the council may
prescribe.

§ 13.10. Justice of the Peace. The council may appoint and prescribe
the compensation, and determine the number of justices of the peace. The
justices of the peace in office at the time of the effective date of this
charter shall continue in office until the expiration of the term for which
they were elected. The justices of the peace appointed by the Council
shall serve at the pleasure of the council. Justices of the peace shall have
all the powers, duties, and authority possessed by the justices of the peace
in office at the effective date of this charter or as may hereafter be
prescribed by general law.

CHAP 14
PROVISIONS FOR TRANSITION

§ 14.01. Assets and Liabilities. On and after the date that the
County of Elizabeth City, including the Town of Phoebus, is incorporated
and becomes effective as the City of Elizabeth City, the said City of Eliza-
beth City shall become and be liable for the bonded indebtedness and
current debts and obligations of the said county and of any sanitary or
other districts of the said county and of the said town, and shall become
liable for the obligations and other liabilities of said county and districts
and of said town, both in law and equity, arising out of any act of said
county or districts or said town for which said county or districts or town
would have been liable, and said city shall faithfully observe, keep, and
perform every such liability, and the said City of Elizabeth City may sue
in its corporate name on all bonds, notes, accounts, or contracts payable
to the said citv, the said districts. or the County of Elizabeth City or the
Town of Phoebus. The title to all the property, all rights and privileges
and things of value and other assets of the said county and the said
districts and said town, and their rights and privileges under any contract,
including any and all moneys belong to said county or districts, or town,
and their books, records, papers, and other things of value, shall vest in
and become the property of the City of Elizabeth City. In the same manner
and to the same extent as provided above, all property, rights and privi-
leges, things of value, and other assets, and all bonded and other debts.
obligations, and other liabilities of the school board of the County of
Elizabeth City and the Town of Phoebus, at the time said county is
incorporated and becomes a city, shall vest in the school board of the
City of Elizabeth City.

§ 14.02. Inconsistent Acts Repealed. All acts and parts of acts in-
consistent with this act are hereby repealed to the extent of their effect
upon the City of Elizabeth City, and all acts or parts of acts in any manner
or way concerning the County of Elizabeth City and the rights of the peo-
ple thereof or any of them, not inconsistent with this act, shall be in full
nicl effect, to all intents and purposes, as if this act had never been
passed.

§ 14.038. Effects on County Code. All laws, parts of law, ordinances,
or resolutions adopted by the board of county supervisors of the County
of Elizabeth City, not in conflict with this charter or the general law and
Constitution of the Commonwealth, are hereby continued in full force and
effect as laws, parts of laws, ordinances or resolutions adopted by the city
council of the City of Elizabeth City, until amended or repealed in accord-
ance with the provisions of this charter, including specifically but not
exclusively zoning, subdivision, control, plumbing, building plat and sanita-
tion ordinances, existing at the moment that this charter becomes effective.
The Charter of the Town of Phoebus and all ordinances of the Town of
Phoebus shall be rescinded, and shall become void and of no effect the
moment this charter becomes effective.

§ 14.04. Circuit Court; Jurisdiction. Upon incorporation, the City
of Elizabeth City shall continue to be in and a part of the Eleventh Judicial
Circuit of Virginia. The jurisdiction and authority of this court shall be
as established by General Law for Circuit Courts of cities of the first class
in Virginia.

§ 14.05. Circuit Court; Judge. That person who holds office as
Judge of the Circuit Court of Elizabeth City County immediately proceed-
ing incorporation shall thereby become and continue to be the Judge of
the Circuit Court of the City of Elizabeth City for the term of his original
appointment. He shall continue to hold said office in all respects in accord-
ance with the general laws of Virginia which relate to the office of Judge
of the Circuit Courts of cities of the first class. Upon the expiration of
his term or in the event of a vacancy in said office, the office shall be filled
in the manner then provided by General Law.

§ 14.06. Circuit Court; Transition. All actions of every kind, crim-
inal as well as civil, pending in the Circuit Court of the County, at the
effective date of incorporation, shall thereupon and thereby retain an
identical status in the Circuit Court of the City. Such actions shall auto-
matically be transferred to, and shall proceed to final judgment in, the
latter Court. The Circuit Court of the City shall have full authority to
issue writs, enforce judgments and decrees and exercise every manner of
judicial function in relation to former actions in the Circuit Court of the
County, as though no change had been made in the status of the latter.

§ 14.07. Corporation Court; Jurisdiction. In the event of incorpora-
tion there shall be created a Corporation Court of the City of Elizabeth
City. The jurisdiction of said Court shall be determined by General Law
of the State in relation to corporation courts of cities of the first class.

§ 14.08. Corporation Court; Judge. The Judge of the Circuit Court
of the City of Elizabeth City shall be, ex-officio, the Judge of the Corpora-
tion Court and shall continue to hold that office unless and until the
Supreme Court of Appeals of Virginia shall certify to the General As-
sembly of Virginia or to the Governor of Virginia, if the General Assembly
be not in session, that it has become necessary for the efficient dispatch of
the public business, that an additional Judge be elected or appointed to
discharge the duties of judge of the said Corporation Court. Thereupon,
the General Assembly or the Governor, as the case may be, shall fill that
office in accordance with the provisions of the General Law.

§ 14.09. Effects upon County Officers. The persons holding office as
members of the board of county supervisors of the County of Elizabeth
City at the time of its incorporation as a city shall by virtue of such incor-
poration become members of the council of the City of Elizabeth City, as
provided in Chapter 3 of this charter. The persons holding office as the
attorney for the Commonwealth, county clerk of court, county sheriff,
county treasurer and county commissioner of revenue of the County of
Elizabeth City at the time of its incorporation as the City of Elizabeth
City shall by virtue of such incorporation become, respectively, the city
attorney for the Commonwealth, the clerk of court, city sergeant, city
treasurer and city commissioner of revenue of said city.

a. The person holding office as town treasurer of the Town of Phoebus
at the moment this charter becomes effective shall become and be a deputy
treasurer for the City of Elizabeth City until the expiration of the term
for which he was elected.

§ 14.10. Other County and District Officers Continued. All other
county and district and town officers of the County of Elizabeth City shall
continue to hold office as officers of the City of Elizabeth City until their
successors are elected or appointed and have qualified; but the term of
office of any person who holds an office abolished, either explicitly or im-
plicitly, by the form of organization and government provided herein shall
terminate as soon as his powers and duties shall have been transferred to
some other officer or employee, or done away with.

§ 14.11. Elections. The clerk of Court, treasurer, and commissioner
of the revenue of the City of Elizabeth City shall be elected at the times,
in the manner, and for the terms provided by general laws affecting cities
of the first class. The city sergeant and attorney for the Commonwealth
of the City of Elizabeth City shall be elected in the manner and for the
terms provided by general laws affecting cities of the first class, except
that they shall be elected at the times provided by general law for the
election of county sheriffs and county attorneys for the Commonwealth
respectively. The incumbents in the five above-mentioned offices who first
serve the City of Elizabeth City after its incorporation shall serve until
their respective successors are elected in accordance with this paragraph,
and shall have qualified.

§ 14.12. Representation in General Assembly. The incorporation of
the County of Elizabeth City as a city under the provisions of this charter
shall in no wise operate to affect or change the representation in the Gen-
eral Assembly of Virginia to which the people of said county were entitled
at the time of its incorporation as a city.

§ 14.13. Peninsula Airport Commission. All the rights, powers,
liabilities and benefits of the County of Elizabeth City, including the Town
of Phoebus, resulting from agreement or arising by law in the Peninsula
Airport Commission shall inure to the City of Elizabeth City, and the
representatives of the County of Elizabeth City, including the Town of
Phoebus, on the Peninsula Airport Commission, shall continue as a repre-
sentative of the City of Elizabeth City, as if the City of Elizabeth City had
originally been a party to the creation of the Peninsula Airport Com-
mission.

§ 14.14. The City of Elizabeth City shall succeed to all of the rights
and privileges of the former County and Town with respect to the laws
under which its interests in any water supply system and any sewerage
and sewage disposal system or systems have been and are being installed,
and to all of the rights and privileges granted by the Commonwealth of
Virginia or by the United States to the former County of Elizabeth City
and/or Town of Phoebus. All of the County and Town levies and taxes,
both current and delinquent, and all school and other funds held by the
State to the credit of the County of Elizabeth City and the Town of Phoe-
bus shall be turned over to the City of Elizabeth City. The tax levy, serv-
ice charges and assessments made for the current or ensuing year or
years by the County and Town shall stand as the levy and assessment of
the City. All contracts entered into by the County and Town for materials
or supplies or construction work in force on the date of incorporation shall
thereby become the contracts of the City.

§ 14.15. Saving Clause. In the event that any portion, section, or
provision of this charter shall be declared illegal, invalid, or unconstitu-
tional by final judgment of any court of competent jurisdiction, such
judgment shall not invalidate any other portion, section or provision
hereof, but all parts of said charter not expressly held to be invalid shall
remain in full force and effect.

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