CHAPTER 706

An Act to provide a charter and form of government for the city of
Warwick, and to provide for the adoption thereof. 3
[S 423]

Approved April 8, 1952

Be it enacted by the General Assembly of Virginia:

1. The provisions of this act providing a charter for the city of Warwick
shall not become effective unless a majority of the qualified voters of the
county of Warwick voting on the question in an election ordered and held
as hereinafter provided, votes in favor of incorporating the county of War-
wick 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 so made by a resolution
adopted by the governing body of the county or by a petition of the qualified
voters of the county in a number equal to not less than ten per centum of
the votes cast in said county at the last preceding gubernatorial election,
enter an order requiring the judges of election of said county, on a date
stated in the order, to open a poll and take the sense of the qualified
voters of the county on the question of whether the county of Warwick
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 Warwick 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 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 in election in the several
voting districts of the county, within the time and in the manner pre
scribed 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 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 Warwick be incorporated as a city of
the first gas?

es

[] 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 voting on the question are in favor
of the incorporation of said county as a city of the first class and a body
politic and corporate, the clerk of court shall certify that fact to the circuit
court 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 as a county shall cease to exist thirty
days thereafter, when the new city government provided for in this Act
shall immediately become effective.

2. Be it further enacted:

If the vote be for incorporation as above provided the city shall have
the following charter:

CHAP 1
INCORPORATION AND BOUNDARIES

§ 1.01. Incorporation.—The inhabitants of the territtory comprised
within the limits of the county of Warwick, 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 Warwick and as such shall
have perpetual succession, may sue and be sued, contract and be con-
tracted with, and may have a corporate seal which it may alter, renew, or
amend at its pleasure.

§ 1.02. Boundaries.—The boundaries of the city of Warwick, as herein
provided, shall coincide and be coextensive with the boundaries of the
county of Warwick as they exist immediately preceding the effective date
of this charter. There also shall be included in the boundaries of the city
any contiguous territory ceded to the Commonwealth of Virginia by any
government or agency thereof.
§ 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 desir-
able 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
paving then existing alleys, and for either the construction, or for the
use of sewers, the council shall have the power to impose a tax or assess-
ment upon the land abutting such improvements, or abutting the street
along, or within which such improvements are constructed.. But such
assesment shall not be in excess of the peculiar benefits resulting to the
fund from such improvements.

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 ordi-
nance.

The council shall likewise have and exercise such powers in relation
to special benefit assessments and public facility levies or charges, as may
be vested in it by the general law, or as may have been possessed by the
County Board of Supervisors of Warwick County, immediately preceding
incorporation.

§ 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 ex-
pedient, 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, when not
prohibited by general law, to levy and collect ad valorem taxes on real
estate and tangible personal property and machinery and tools; to levy
and collect taxes for admission to or other charge for any public amuse-
ment, entertainment, performance, exhibition, sport, or athletic event
in the city, which 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 rates and charges for garbage and refuse
collection and disposal, or other services, products, or conveniences, oper-
ated, rendered, or furnished by the city; 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.

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

§ 2.08. Construction of Powers.—The powers which are now or may
hereafter be conferred upon or delegated to the city under the Constitu-
tion and laws of the Commonwealth and this charter shall be liberally
construed when such powers are exercised by the city and in case of
dount as an the existence of a power such doubt shall be resolved in favor
of the city.

CHAP 3
THE CITY COUNCIL

§ 3.01. Election of Councilmen.—As of the date this charter be-
comes effective the three members of the board of supervisors of the county
of Warwick shall constitute the council of the city of Warwick. Within
sixty days after the effective date of this charter the council shall divide
the city of Warwick into five wards, each having approximately the same
number of inhabitants, and a description of the wards shall be recorded
in the journal of the council. On the second Tuesday in June following
the expiration of the above-mentioned sixty-day period, there shall be a
general city election at which time there shall be elected two councilmen-
at-large who may be residents of, but must be qualified voters of, any
ward of the city of Warwick. The five member council thus created
shall serve in such form from July first following the election of the two
councilmen-at-large herein prescribed and only during the first four year
term of office next following adoption of this charter. Subsequent coun-
cilmanic elections shall entitle each of the five wards of the city of War-
wick to a councilman, who shall be a resident and qualified voter of the
ward from which he is elected, but all councilmen shall be elected by the
qualified voters of the city at large. Such subsequent councilmanic elec-
tions shall be held every four years on the second Tuesday in June with
the terms of the councilmen elected at such elections beginning July first
following their election. The candidate from each ward receiving the
highest number of votes cast in the city at large shall be declared elected.
The general laws of the Commonwealth relating to the conduct of elec-
tions, as far as pertinent, shall apply to the conduct of the general muni-
cipal 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 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 Warwick, or the judge thereof in vacation.

§ 3.08. Compensation of Councilmen.—Councilmen shall receive the
sum of $50.00 per month as compensation for their services.

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 votes of at least three members. All voting except on pro-
cedural motions shall be by roll call and the ayes and noes shall be re-
corded in the journal.

§ 3.06. Submission of Propositions to the Qualified Voters of the
City.—The council shall have authority to order, by resolution directed to
the circuit court of the city of Warwick or the judge thereof in vacation,
the submission to the qualified voters of the city for an advisory referen-
dum on any proposed ordinance or amendment to the city charter. Upon
receipt of such resolution the circuit court, or the judge thereof in vaca-
tion, shall order an election to be held thereon not less than thirty nor
more than sixty days after the receipt of such resolution. The election
shall be conducted and the result thereof ascertained and determined in
the manner provided by law for the conduct of general elections and by
the regular election officials of the city.

If a petition requesting the submission of an amendment to this
charter, set forth in such petition, signed by qualified voters equal in num-
ber to ten per cent of the largest number of votes cast in any general or
primary election held in the city during the five years immediately pre-
ceding, is filed with the clerk of the circuit court for the city of Warwick
he shall forthwith certify that fact to the judge of the court of the city of
Warwick.

The court or the judge thereof in vacation shall order an election
to be held not less than thirty nor more than sixty days after such re-
ceipt, in which such proposed amendment shall be submitted to the
qualified voters of the city for their approval or disapproval. Such election
shall be conducted and the results thereof ascertained and determined in
the manner provided by law for the conduct of general elections and by
the regular election officials of the city. If a majority of those voting
thereon at such election approve the proposed amendment such result
shall be communicated by the clerk of the circuit court of the city of
Warwick to the two houses of the General Assembly and the representa-
tives of the city therein with the same effect as if the council had adopted
a resolution requesting the General Assembly to adopt the amendment.

§ 3.07. 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 have no veto power. He shall be
recognized as the head of the city government 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 unexpired 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.

§ 3.08. 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 Warwick. He shall
keep the journal of the council’s proceedings and shall record all ordi-
nances 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 determined by the council.

§ 3.09. Powers of City Council.—All powers of the city of Warwick
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 deter-
mining 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 functions
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 exercise
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 exer-
cised or duty performed by that officer or employee of the city so desig-
nated 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
manager, 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 Common-
wealth 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
during regular business hours. |

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.

(d) The council shall fix a schedule of compensation for all city
officers and employees which shall provide uniform compensation for
like service. The council may by ordinance define certain classes of city
officers and employees 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 judges.

(e) 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.

§ 3.10. Vacancies in Constitutional Offices.—Vacancies in the offices
of treasurer, commissioner of the revenue, the 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 be appointed to serve 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 supervising the collection of all revenues, 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 management of its affairs. To
accomplish these purposes he shall have the following specific powers and

uties.

(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 § 3.09(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 ex-
pedie
(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.

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

CHAP 5
FINANCIAL ADMINISTRATION

§ 5.01. 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.

§ 5.02. 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 ordinance or resolution of the council not inconsistent with
the Constitution and general laws of this Commonwealth.

§ 5.03. Expenditures and Accounting.—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
ordinance or legally enacted supplement thereto, or subsequent resolution
enacted 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
appropriations made thereto, the amount drawn thereon, the unpaid
obligations charged against it, and the unencumbered balance in the
appropriation account, properly chargeable, sufficient to meet the obliga-
tion entailed by contract, agreement, or order.

§ 5.04. Real Estate Reassessments. —Reassessments of real estate
taxable by the city shall be made at the time, in the manner, and by the
persons as provided by general laws affecting the city of Warwick.

§ 5.05. Disposition of moneys.—All moneys received or collected for
the use of the city from any source shall be paid over, held, and dis-
bursed 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.

§ 5.06. Claims.—The director of finance shall audit all claims
against the city for goods or services. It shall also be his duty to ascer-
tain that such claims are in accordance with the purchase orders or con-
tracts of employment from which the same arise, to present such claims
for approval to the council, or such person as the council may designate;
to countersign all checks by the city treasurer in payment of such claims,
which checks shall not be valid without such signature; to keep a record
of the revenues and expenditures of the city in a manner which will permit
reporting of those revenues and expenditures in such form as the State
Auditor of Public Accounts may prescribe; and at the end of each month
to prepare and submit to the council and to the city manager statements
showing the progress and status of the affairs of the city in such form as
the city manager may prescribe. |

§ 5.07. Director and Purchasing Agent.—The director of finance
shall act as purchasing agent for the city and all the departments, offices,
boards, commissions, and other agencies thereof, unless the city manager
shall designate some other officer or employee of the city for such purpose.
The director of finance or the person designated as purchasing agent
shall have such powers and duties relative to city purchasing activities as
shall be prescribed by the city manager, including if the city manager so
prescribes, the custody and distribution of city supplies, materials, and
equipment, the establishment and enforcement of specifications, and the
solicitation and acceptance of competitive bids for city purchases.

§ 5.08. Other Duties of Director.—The director of finance shall
perform such other duties as may be imposed upon him by the council
or city manager.

§ 5.09. Fiscal Year.—The fiscal year of the city shall begin on the
first day of July annually and end on the thirtieth day of June of the
succeeding year.

§ 5.10. Submission and Adoption of Budget.—Not later than the first
day of March annually, the city manager shall prepare and submit to
the council a budget presenting a financial plan for conducting the affairs
of the city for the ensuing fiscal year. Such budget shall be set up in the
manner provided by law, and shall include such information as the council
by ordinance or resolution may require. Hearings on the budget shall
be held and notice thereof given and the budget adopted in accordance with
general laws of the Commonwealth, provided that the tax levy for each
fiscal year shall be made, and the budget for each fiscal year shall be
adopted, prior to the first day of the fiscal year for which made or adopted.

§ 5.11. 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.

§ 5.12. 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, which amount shall not exceed the revenues anticipated.

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

§ 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.
§ 6.01. 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. ,

§ 6.02. 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 attor-
ney 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 7

DEPARTMENT OF PUBLIC SAFETY

§ 7.01. Fire and Police Functions.—The department of public safety
shall consist of the division of fire and the division of police and such
other functions and activities as may be assigned to it by the city council.
The department of public safety shall be under the supervision of a director
of public safety to be appointed by the city manager.

The division of police shall consist of such police officers as may be
appointed and shall be under the supervision of a chief of police to be
appointed by the city manager. The city sergeant may be appointed chief
of police. The city sergeant shall have such powers and perform such
duties as may be prescribed by general law, not inconsistent with the pro-
visions of this charter. The chief of police and police officers shall have
all the powers and duties of police officers as provided by the general laws
of the Commonwealth.

The division of fire shall be in charge of a fire chief, to be appointed
by the city manager. The division of fire shall consist of such persons,
who shall perform such duties and receive such compensation as may be
prescribed by the city council in accordance with provisions of this charter.

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
organized 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 re-
sponsible 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 constructions; the care of public
buildings, storerooms, and warehouses; the custody of such equipment
and supplies as the council may require; and such other powers and duties
as may be assigned to the department, which may include among other
assignments, building inspections, plumbing inspections, electrical inspec-
tions, subdivision control and zoning administration.
§ 8.03. Director 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 the orders of the director consistent therewith.

§ 9.02. Functions.—The department of public health shall be re-
sponsible for the exercise of all health functions imposed on municipalities
by general law and such other functions as may be assigned to the de-
partment.

§ 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, and not in conflict with law, concerning the depart-
ment. The provisions of general law relating to the establishment of
local boards of health shall not apply to the city of Warwick.

§ 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.
However, the council may by ordinance establish a local board of public
welfare to consist of three citizens of the city which shall, except as other-
wise provided in this charter, have the same powers and functions as local
welfare boards in counties and cities of the second class, or which may
be created to serve in a purely advisory capacity to the director of public
welfare.
§ 11.01. Department of Farm and Home Demonstration.—There may
be a department of farm and home demonstration which shall consist of
an agricultural agent, who shall be the director of farm and home demon-
stration, a home demonstration agent, and such assistants and employees
as may be authorized. The city may have and exercise all powers which
are now or may hereafter be conferred upon counties under the laws of
the Commonwealth pertinent to the conduct of county demonstration work
and appropriations to promote agriculture.

§ 11.02. Functions.—The department of farm and home demonstra-
tion shall be responsible for the exercise of all agricultural and demon-
stration functions imposed on demonstrators and county agents by general
law and such other functions as may be assigned to the department.

§ 11.08. Director of Farm and Home Demonstration.—The head of
the department of farm and home demonstration shall be the director of
farm and home demonstration. He shall be the agricultural agent, and
along with the home demonstration agent, shall be selected from a list of
eligibles submitted by the Virginia Polytechnic Institute.

CHAP 12
DEPARTMENT OF EDUCATION

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

The school board of the city of Warwick shall be composed of not less
than three nor more than seven trustees, who shall be chosen by the
council to serve at the pleasure of the council. The exact number of
trustees shall be determined by the council. The school trustees of the
county of Warwick shall become the school trustees of the city of Warwick
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 Warwick County at the
time this charter takes effect shall continue as division superintendent of
schools for the city of Warwick 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 Warwick shall be appointed as prescribed by general law.

CHAP 13
DEPARTMENT OF RECORDS

§ 18.01. 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 Warwick. 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 Warwick 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.
_ $14.01. 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 for the county of Warwick on the effective date of this
charter shall continue in office as the civil and police justice of the city
until his successor is appointed in accordance with the provisions of this

§ 14.02. 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 Warwick, 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.

§ 14.08. 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, including violations of city ordinances, and the
procedure, removals, and appeals shall likewise conform to such laws. He
shall take the oath prescribed by law, and shall receive such compensation
and give such bond as the council may prescribe.

§ 14.04. Civil 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 such portion of the expense of this office,
including salary as may be borne by the Commonwealth, shall be paid
directly into the general fund of the city.

§ 14.05. Substitute Civil and Police Justice.—The council shall ap-
point a substitute civil and police justice, who shall possess the same quali-
fications as the civil and police justice, and may at any time revoke such
appointment and may make a new appointment in the event of such re-
vocation, 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 other-
wise, 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
to be paid out of the city treasury, and such portion of the expense of this
office, including salary, as may be borne by the Commonwealth, shall be
paid directly into the general fund of the city. The civil and police justice
or the substitute civil and police justice may perform such acts with
reference to the proceedings and judgment 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 effect as if they were his own.

§ 14.06. 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.

§ 14.07. Fees, Costs, and Fines.—Fees, costs, and fines shall be
assessed, fixed and collected by the civil and police justice in the same
manner as such fees, fines, and costs are assessed, fixed and collected by
trial justices 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,
ie and fees due to the State shall be paid to the proper officials of
@

§ 14.08. 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.

§ 14.09. 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 or 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.

§ 14.10. Justices of the Peace.—The judge of the circuit court shall
appoint 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 and serve at the pleasure of the judge
of the circuit court. Justices of the peace shall have all the powers,
duties, and authority possessed by the justices of the peace in office at the
ettective date of this charter or as may hereafter be prescribed by general
aw.

CHAP 15
PROVISIONS FOR TRANSITION

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

§ 15.02. Inconsistent Acts Repealed.—All Acts and parts of Acts
inconsistent with this Act are hereby repealed to the extent of their
effect upon the city of Warwick, and all Acts or parts of Acts in any
manner or way concerning the county of Warwick and the rights of the
people thereof or any of them, not inconsistent with this Act, shall be in full
force and effect, to all intents and purposes, as if this Act had never been
passe

§ 15.03. Effects on County Code.—All laws, parts of laws, ordinances,
or resolutions adopted by the board of supervisors of the county of
Warwick, not in conflict with this charter or the Constitution of the Com-
monwealth, 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
Warwick, until amended or repealed in accordance with the provisions
of this charter, including specifically, but not exclusively, zoning, sub-
divisions control, plumbing, health and sanitation ordinances, traffic
ordinances, nuisance ordinances, dog ordinances, licensing ordinances,
and crimés and offenses ordinances existing at the moment that this charter
becomes effective.

§ 15.04. Effects Upon Circuit Court.—Upon incorporation, the city
of Warwick as herein created shall, at all times, be, become and continue,
in every respect, within the jurisdiction of the circuit court of the judicial
circuit wherein it is situated. The said court shall continue and shall,
thereafter, be known as the Circuit Court of the city of Warwick and
shall have the same jurisdiction in the city of Warwick as is given by
general law to the circuit courts of other cities of the first class in this

tate.

§ 15.05. Circuit Court Judge.—That person who holds office as judge
of the circuit court of Warwick County immediately preceding incorpora-
tion shall thereby become and continue to be the judge of the Circuit Court
of the city of Warwick for the term of his original appointment. He shall
continue to hold said office in all respects in accordance with the general
laws of Virginia which relate to the office of judge of 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.

§ 15.06. Circuit Court Transition.—All actions of every kind, crimi-
nal 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.

§ 15.07. Constitutional Officers and Election Thereof.—The offices
of clerk of courts, attorney for the Commonwealth, commissioner of
revenue, city treasurer and city sergeant shall be elective and filled in
accordance with the provisions of the Constitution of the Commonwealth;
and, except as otherwise provided in this charter, in accordance with the
provisions of general law. .

§ 15.08. Powers and Duties of Constitutional Officers.—The clerk of
court, attorney for the Commonwealth, commissioner of revenue, city
treasurer and city sergeant shall have such powers and perform such
duties as are provided by the Constitution of the Commonwealth; and,
except as otherwise provided in this charter, as are provided by the
provisigns of general law for cities of the first class.

§ 15.09. Effects Upon County Officers.—The persons holding office
as members of the board of county supervisors of the county of Warwick
at the time of its incorporation as a city shall by virtue of such incorpora-
tion automatically become members of the council of the city of Warwick,
as provided in Chap 3 of this charter. The persons holding office as
county clerk of courts, the attorney for the Commonwealth, and county
sheriff of the county of Warwick at the time of its incorporation as the
city of Warwick shall by virtue of such incorporation become, respectively,
the clerk of court, the city attorney for the Commonwealth and the city
sergeant of said city.
§ 15.10. Vacancies in Constitutional Offices.—Effective as of the day
that the county of Warwick is incorporated and becomes effective as the
city of Warwick, there is hereby declared to be a vacancy in the office
of the treasurer of said city and a vacancy in the office of the commis-
sioner of the revenue of said city, and such vacancies shall forthwith be
ied in the manner, and for the terms, provided in Chap 3 of this
charter.

§ 15.11. Other County and District Officers Continued.—All other
county and district officers of the county of Warwick shall continue to
hold office as officers of the city of Warwick 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 implicitly, by the
form or 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.

§ 15.12. Elections.—The clerk of court, treasurer, and commissioner
of the revenue of the city of Warwick shall be elected at the times, in the
manner, and for the terms provided by general laws affecting cities of the
first class. The attorney for the Commonwealth and the city sergeant
of the city of Warwick 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 attorneys for the Commonwealth and county sheriff, respectively.
Incumbents in any of the five above-mentioned offices who first serve the
city of Warwick after its incorporation shall serve until their respective
successors are elected in accordance with this paragraph, and shall have
qualified. , ) :

§ 15.18. Representation in General Assembly.—The incorporation of
the county of Warwick as a city under the provisions of this charter shall
in no wise operate to affect or change the representation in the General
Assembly of Virginia to which the people of said county were entitled at
the time of its incorporation as a city.

§ 15.14. Peninsula Airport Commission.—All the rights, powers,
liabilities and benefits of the county of Warwick, resulting from agreement
or arising by law in the Peninsula Airport Commission shall inure to
the city of Warwick and the representative of the county of Warwick
on the Peninsula Airport Commission shall continue as a representative
of the city of Warwick, as if the city of Warwick had originally been a
party to the creation of the Peninsula Airport Commission.

§ 15.15. Water Supply, Sewerage and Sewage Disposal Systems.—
The city of Warwick shall succeed to all of the rights and privileges of the
former county of Warwick with respect to the laws under which its in-
terests in any water supply system and any sewerage and sewage dis
posal 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 Warwick.

§ 15.16. Tax Levies, Funds, and Contracts.—All of the county levies
and taxes, both current and delinquent, and all school and other funds
held by the State to the credit of the county of Warwick shall be turned
over to the city of Warwick. The tax levy, service charges and assess-
ments made for the current or ensuing year or years by the county of
Warwick shall stand as a levy and assessment of the city of Warwick.
All contracts entered into by the county of Warwick for materials or
supplies or construction work in force on the date of incorporation shall
thereby become the contracts of the city of Warwick.

§ 15.17. 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.

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