CHAPTER 712

An Act to provide a charter and special form of government for the City
of Harrisonburg; and to repeal Chapter 291 of the Acts of Assembly
of 1848-49, passed March 16, 1849, which chapter incorporated the
Town of Harrisonburg and provided a charter therefor, and all
amendments to such chapter; and to repeal certain other acts.

[H 545]
Approved April 8, 1952

Be it enacted by the General Assembly of Virginia:
THE CHARTER OF THE CITY OF HARRISONBURG
CHAPTER I
INCORPORATION AND POWERS; BOUNDARIES;
FORM OF GOVERNMENT

§ 1. Incorporation and Powers.

The inhabitants of the territory comprised within the present cor-
porate limits of the City of Harrisonburg, as hereinafter described or as

the same may hereafter be altered and established by law, shall continue
to be a body politic and corporate in fact and in name under the style
and denomination of City of Harrisonburg, and as such shall have and
may exercise all powers which are now or hereafter may be conferred upon
or delegated to cities of its class under the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as though said powers
were specifically enumerated herein, and no enumeration of particular
powers by this charter shall be held to be exclusive, and shall have, exercise
and enjoy all the rights, immunities, powers and privileges and be subject
to all the duties and obligations now appertaining to and incumbent on it
as a municipal corporation, and the City of Harrisonburg, as such, shall
have perpetual succession, may sue and be sued, contract and be contracted
with and have a corporate seal which it may alter, renew or amend at its
pleasure.

§ 2. Boundaries.

The boundaries of the city, as presently constituted, are as follows:
Beginning at a concrete monument near the northeast side of the Port
Republic Road 250 feet west of the west line of Crawford Avenue; thence
through the land of H. D. Newman N. 50° 56’ E. 5,718.2 feet crossing
the Chesapeake Western Railway to a concrete monument in the property
line of the Keckley Farm 450 feet east of the east line of Monticello
Avenue; thence N. 61° 11’ E. 3,794.6 feet crossing Reservoir Street, East
View Street, Hawkins Street and East Market Street to a concrete monu-
ment in the property line of Liskey and Blose; thence N. 13° 05’ W. 3,776.4
feet crossing Old. Furnace Road and small reservoir to a concrete monu-
ment in the property line of Moore and Joseph; thence N. 56° 39’ W.
3,011.9 feet crossing North Main Street to a concrete monument in front
of the Suter house; thence N. 46° 38’ W. 897.6 feet to a point near the
intersection of Suter Street and the Kratzer Road; thence S. 25° 50’ W.
1,373.4 feet near the east side of the Kratzer Road crossing the Southern
Railway to a concrete monument at the intersection of North Liberty
Street and the Edom Road; thence S. 75° 35’ W. 3,405 feet crossing
Jackson Street, Collicello Street, 5th Street, Virginia Avenue, Lee Avenue,
Stuart Street, Grant Street and the Mt. Clinton Pike to a concrete monu-
ment in the property of Mrs. Annie Burke Good west of the airport; thence
S. 19° 50° W. 4,388.1 feet crossing West Market Street to a concrete
monument 150 feet west of the west line of E Street; thence parallel to
E Street S. 59° 03’ W. 4,948.7 feet crossing Ohio Avenue, New York
Avenue, Maryland Avenue, Sunrise Avenue, Ridge Road, Neyland Drive
and Circle Drive to an iron pin in a rock pile in the property of L. V.
Sharpes; thence 8. 37° 00’ E. 2,051.7 feet to a concrete monument on the
west side of South High Street; thence S. 67° 22’ E. 363.2 feet crossing
South High Street and along the south line of H. E. Bowman to an iron
pin on the northwest right-of-way line of the Chesapeake Western Rail-
way; thence with the railway, parallel to and 25 feet from the center line,
N. 59° 02’ E. 2,541.9 feet along the northwest right-of-way line of the
Chesapeake Western Railway to an iron pin; thence following a 4° 46’
curve 463.76 feet to an iron pin on the northwest right-of-way line of
the Chesapeake Western Railway; thence N. 81° 09’ E. 78.7 feet to an
iron pin on the northwest right-of-way line of the Chesapeake Western
Railway in the old city limit line; thence S. 38° 06’ E. 1,045.5 feet crossing
Black’s Run to a point on the west right-of-way line of the Chesapeake
Western Railway (old Baltimore & Ohio); thence S. 26° 09’ W. 2,255.4
feet to a point on the west right-of-way line of the Chesapeake Western
Railway near the south bank of Black’s Run; thence 8S. 44° 45’ E. 765 feet
crossing South Main Street to a point near the south bank of Black’s Run
along the property line of Mrs. J. Claude Miller; thence S. 30° 45’ E.
1,038 feet along the property line of Mrs. J. Claude Miller to a point in
said line; thence S. 47° 45’ E. 216.2 feet to a point in the line of land
fermerly owned by B. T. Hoover on the west line of Butler Street; thence
N. 47° 16’ E. 1,748 feet along the west line of Butler Street crossing the
Port Republic Road to a point in H. D. Newman’s field; and thence N.
31° 03’ W. 1,088.4 feet along the Port Republic Road to the Beginning;
containing 1,759.9 acres or 2.75 square miles.

§ 3. Form of Government.

The government and administration of the city shall be vested in one
body, to be called the Council, and in one administrative officer, to be styled
City Manager, and in such other departments, boards and other officers as
are hereinafter provided for, or as are permitted or required.

CHAPTER II
‘THE COUNCIL

§ 4. Number; Selection; Term.

The council shall consist of five (5) members, who shall be elected
at large and who shall hold office for a term of four (4) years from the
first day of September next following the date of their election, and until
their successors have been duly elected and qualified; provided that at the
first municipal election under this charter, which shall be held on the
second Tuesday in June, nineteen hundred fifty-two (1952), the five (5)
persons elected as councilmen thereat shall hold office as follows, to-wit:
the three (3) candidates receiving the highest number of votes at said
election shall hold office for four (4) years each, and the two (2) candi-
dates receiving the next highest number of votes at said election shall hold
office for only two (2) years each. In the year nineteen hundred fifty-four
(1954), and every second year thereafter, a municipal election for the
election of councilmen shall be held on the second Tuesday in June.

The terms of office of the council, as now constituted, and of the
present mayor, shall expire on said first day of September, nineteen
hundred fifty-two (1952), or when their successors as hereinbefore set
forth have been duly qualified, irrespective of the fact that the terms for
which they were elected have not been completed.

§ 5. Qualifications.

Any person qualified to vote in the city shall be eligible for the office
of council, but shall hold no other office elected by the people during his
term of office. In the event a councilman be convicted of felony, he shall
thereby immediately forfeit his office, which vacancy on the council shall
be filled as hereinafter provided.

§ 6. Vacancies in Council.

All vacancies occurring from any cause in the council shall be filles
by appointment by the council, by majority vote of all those elected to the
council. If the council shall fail to act within thirty days of the occurrence
of the vacancy, then the vacancy shall be filled by the Circuit Court of
Rockingham County or the judge thereof in vacation. Any councilman
thus elected shall hold office for the term for which his predecessor was
elected, unless sooner vacated by death, resignation, removal or other
cause. Should any councilman remove his residence from the city during
the term for which he was elected, such removal shall operate to vacate
his seat on the council.

Presiding Officer; Mayor; Vice-Mayor; Their Powers and
Duties.

The council shall elect one of its members to preside over its meetings.
who shall be ex officio mayor of the city for a term of two (2) years, and
any vacancy in the office shall be filled by election by the council for the
unexpired term. The mayor shall have the same powers and duties as
other members of the council, with a vote, but no veto. He shall be the
official and ceremonial head of the city, but shall have no jurisdiction or
authority to hear, try or determine any judicial matters. The council shall
also elect one of its members as vice-mayor, who shall act as mayor during
the absence or disability of the mayor.

§ 8. Quorum.

A majority of the members of the council shall constitute a quorum
for the transaction of business.

§ 9. Salaries.

Each member of the council shall receive from the city for their
services an annual salary of six hundred dollars ($600), except that the
member serving as mayor shall receive an annual salary of twelve hundred
dollars ($1,200), unless and until changed by ordinance; provided that
no ordinance increasing the salary of councilmen, including the mayor,
shall be enacted to become effective during the term of any councilman
serving at the time of the passage thereof. Unless otherwise provided by
ordinance, said salaries shall be paid in monthly installments.

§ 10. Powers.

All powers of the city and the determination of all matters of policy
are vested in the council. Without limitation of the foregoing, the council
shall have all the powers conferred by the Constitution and general laws,
and, in addition, the particular powers conferred in the following several
numbered but untitled sections of this charter.

The council is empowered to control and manage the fiscal
and municipal affairs of the city, and all property, real and personal,
belonging to the city, and, in the name and for the use of the city, to
contract debts, borrow money, and cause to be issued therefor notes, bonds
or other evidences of debt in the manner prescribed by law and subject
to all the restrictions and limitations imposed by the Constitution and
general laws of the State of Virginia, and to expend the money of the city
for all lawful purposes, and to make such ordinances, orders and by-laws
relating to any of the foregoing as it may deem proper and necessary.

§ 12. The council is empowered to raise annually by taxes and
assessments on all subjects of taxation in said city as to which there is
no restraint or prohibition by the Constitution or general law, such sums
of money as it shall deem necessary to pay the debts and defray the
expenses of the city, and in such manner as it shall deem expedient;
provided that the rate of taxation on real estate and tangible personal
property in the city shall not exceed three dollars upon the one hundred
dollars of assessed value thereof.

§ 138. The council is empowered to acquire by purchase, gift, devise,
condemnation or otherwise, property, real or personal, or any estate or
interest therein, within or without the City, for any of the purposes of
the city, and to hold, own, use, improve, sell, lease, mortgage, pledge or
otherwise dispose of the same or any part thereof.

§ 14. The council is empowered to erect and maintain all necessary
public buildings, establish and regulate public squares, playgrounds, parks,
airports and municipal off-street parking lots in or near the city, and to
acquire by purchase, condemnation, or otherwise, the land it may deem
necessary for such uses, and to construct in such public squares, play-
grounds and parks as it may maintain, or upon any city property, stadiums,
swimming pools, recreation and amusement buildings, refreshment stands
and restaurants, comfort stations and rest rooms, and structures or
inclosures of any character, and to charge for admission to such of them
as it may deem proper, and to rent out or lease the privilege of constructing
or using such stadiums, swimming pools, recreation and amusement
buildings, refreshment stands and restaurants, or other structures or
inclosures.

§ 15. The council is empowered to establish, enlarge, maintain and
operate, within or without the corporate limits of the city, suitable systems
of waterworks, electricworks, gasworks, sewerworks, a sewerage dis
posal system and such other local public services and utilities as may iD
its judgment be in the public interest, and to supply such services t
consumers in or near the city at such prices and upon such terms as it ma!
prescribe, and to contract or agree with the owners of land for the use o
purchase thereof, or cause land to be condemned, within or without th
city, for the location, extension or enlargement of any of said works, 01
pipes or wires connected therewith, or any of the appurtenances o!
fixtures thereof, and to protect said land, works, pipes, wires, fixtures anc
appurtenances from injury by enacting ordinances prescribing adequat
penalties therefor, whether within or without the limits of the city.

§ 16. The council is empowered to exercise care, supervision anc
control of streets, squares and commons, and to establish, open, close
vacate, abandon, extend, widen, narrow, lay out, pave, grade, improve anc
otherwise alter the streets in the city, cause them to be properly lighted
and kept in good order, make or construct sewers or public ducts through
the same where deemed expedient, build bridges in or culverts under the
streets or alleys of the city, prevent or remove obstructions or encroach-
ments over, under or in the same, plant or permit shade trees to be planted
along the same, and to prevent the cumbering of streets, alleys, walks,
lanes and bridges of the city in any manner whatever, and to have full and
complete control of the same.

§ 17. The council is empowered to determine and designate the route
and grade of any railroad to be laid in the city, and to restrain and regulate
the speed of locomotives, engines and cars upon the railroads within the
city, and to wholly exclude the same where the welfare of the city may
demand, provided no contract be violated thereby.

§ 18. The council is empowered to establish a market or markets in
the city and to regulate the same, and to enforce such regulations in
regard to the keeping and sale of fresh meat, vegetables, eggs, fruits and
green groceries, and the trade of hucksters and junk dealers, as may be
deemed advisable.

§ 19. The council is empowered to remove, or require to be removed,
or condemn, any building, wall, structure or addition thereto which, by
reason of defect in structure, dilapidation, or other cause, may have
become dangerous to life or property, or which may have been or may
be erected contrary to law. -

§ 20. The council is empowered to provide for the regular and safe
construction of houses and buildings in the city for the future, and to
provide setback lines on the streets of the city beyond which no building
may be constructed.

§ 21. The council is empowered to designate and prescribe from
time to time the parts of the city within which no buildings of wood shall
pe erected, and to regulate the construction of buildings in the city so as
co protect it against danger from fire, and to enact an ordinance dividing
the city into zones under the provisions of the general law, and to provide
2 complete building code for the city, and to provide for a city planning
‘commission and define its powers. _

§ 22. The council is empowered to prescribe traffic regulations for
he streets and alleys of the city, not in conflict with general law, and to
require all public conveyances, cabs, busses and trucks operated by motor
yr other power, within the city or in and out of the city, to provide
erminals at such points as shall meet with the approval of the council.
and to provide all reasonable regulations governing the same, and to
prevent any sort of employment or sports in the public streets or any other
use thereof which is or may be dangerous or annoying to passers-by, and
to prohibit and punish cruelty to or abuse of animals.

§ 23. The council is empowered to compel the abatement and re-
moval of all nuisances within the city, or upon property owned by the
city beyond its limits, at the expense of the person or persons causing the
same, or of the owner or occupant of the ground or premises whereon the
same may be; to require all lands, lots and other premises within the city
to be kept clean, sanitary and free from weeds, brush and stagnant water,
or to make them so at the expense of the owners or occupants thereof ; to
regulate or prevent slaughter-houses or other noisome or offensive business
within the city; to regulate or prevent the keeping of animals, poultry or
other fowl therein; to prevent animals and fowls from running at large
in the city, and to subject the same to such taxes, regulations and confisca-
tions at it may deem proper; to regulate the transportation of all articles
through the streets of the city ; to compel the abatement of smoke and dust ;
to prevent unnecessary noise; to regulate the location of stables and the
manner in which they shall be kept; to provide means for and to regulate
the cleaning of all dry closets and to assess against the owner or occupant
of the premises on which the same is located a reasonable charge therefor,
which shall be collectible as any city tax; and generally to define, prohibit,
abate, suppress and prevent all things detrimental to the health, morals,
safety, comfort, convenience and welfare of the inhabitants of the city.

§ 24. The council is empowered to require every merchant, retailer,
trader or dealer in merchandise or property of any description which is
sold by measure or weight to cause their weights and measures to be
sealed by the city sealer and to be subject to his inspection, and it may
cause to be inspected and tested any commodity or article offered for
human consumption or use within the city.

§ 25. The council is empowered to secure the inhabitants of the city
from contagious, infectious or other dangerous diseases; to establish quar-
antine ground ; to provide and maintain hospitals; to compel the removal of
patients to same; to appoint and organize a board of health or a depart-
ment of public welfare; to define its duties, and grant to it the necessary
authority to effectually discharge them.

§ 26. The council] is empowered to restrain and punish drunkards,
vagrants and beggars; to prevent vice and immorality, obscenity and
profanity; to preserve peace and good order; to prevent and quell riots,
disturbances and disorderly assemblages; to suppress houses of ill-fame
and gambling houses and devices; to prevent and punish lewd, indecent
and disorderly conduct or exhibitions in the city, and to expel therefrom
persons guilty of such conduct who have not resided therein for as much
as one year.

_§ 27. The council is empowered to regulate and control auction sales,
theatrical performances or other public shows or exhibitions, the business
of hawkers, peddlers, persons selling goods by sample, persons operating
pool rooms, bowling alleys, dance halls, shooting galleries and skating
rinks for profit, and all other similar businesses, occupations and employ-
ments, and as to such businesses, occupations and employments, or any

of a like nature, may grant or refuse license as it may deem proper.

§ 28. The council is empowered to direct the location of all buildings
for the storing of explosives or combustible substances; to regulate the
sale and use of gunpowder, nitroglycerine, dynamite, fireworks, kerosene,
oil, gasoline or other combustible material; to regulate the exhibition of
fireworks, the discharge of firearms and the making of bonfires in the
streets and yards of the city.

§ 29. The council is empowered to adopt all by-laws, rules and
ordinances not repugnant to the Constitution and laws of the State of
Virginia which it may deem necessary for the good order and government
of the city, the management of its property, the conduct of its affairs, the
peace, comfort, convenience, order, morals, health and protection of its
citizens or their property, and do such other things and pass such other
laws aS may be necessary or proper to carry into full effect any power,
authority, capacity, or jurisdiction which is or shall be granted to or vested
in said city, or in the council, court or officers thereof, or which may be
necessarily incident to a municipal corporation.

§ 30. The council is empowered to grant aid to military companies
and to contribute to the support of a band or bands maintained within
the city, to associations for the advancement of agriculture or the mechanic
arts, to scientific, literary, educational or benevolent organizations or
institutions and to public libraries, provided such action is not prohibited
by the Constitution of the State, and that all such societies, organizations
or institutions be located in or near the city, and provided further that no
appropriation for such purpose shall be made, nor shall aid be otherwise
granted through exemption from charge for use of water or light facilities,
or otherwise, unless two-thirds of all the members elected to the council
vote therefor.

§ 31. The council is empowered to change the boundaries of wards
and increase the number thereof.

§ 32. The council is empowered to give names to or alter the names
of streets.

§ 33. The council is empowered to provide any penalty for the viola-
tion of any city ordinance, not exceeding a fine of one thousand dollars or
one year’s confinement in the city or Rockingham County jail, or both
such fine and imprisonment.

§ 34. The council is empowered to provide for the due publication
in the newspapers or otherwise of its ordinances and resolutions.

- § 35. The council is empowered to compel persons sentenced to con-
finement in jail for petit larceny or other misdemeanor or other viola-
tions of the city ordinances to work on the public streets, parks or other
public works of the city, there to perform such labor as the overseer or
officer having charge of such department may direct.

§ 36 The council is empowered to provide, by ordinance, for the
collection of city taxes or levies on property at such times and with such
penalties for nonpayment on time as may be fixed by ordinance.

§ 37. Appointment of City Manager.

The council, by a majority vote of its members at its first meeting
held on or after the first day of September, nineteen hundred fifty-two
(1952), or as soon thereafter as practicable, shall appoint a city manager,
who shall be the chief administrative and executive officer of the city and
have powers and perform the duties in this charter provided. No member
of the council shall, during the time for which he is elected, nor within
one year after the expiration of his term, receive such appointment.

§ 38. Term of City Manager; Salary; Removal.

The city manager shall hold office during the pleasure of the council,
or for a term of three (3) years unless sooner removed by the council by
a majority vote of its members upon proven charges preferred for mal-
feasance or misfeasance, neglect of duty or incompetency. The council
may reappoint the city manager for a term not exceeding six (6) years,
subject to the same conditions.
The city manager shall receive such compensation as shall be fixed
by the council by ordinance.

Before the city manager may be removed he shall, if he so demand,
be furnished a written statement of the reasons alleged for his removal
and given the right to be heard publicly thereon at a meeting of the council
prior to the final vote on the question of his removal, but pending and
during such hearing the council may suspend him from office. The action
of the council in suspending or removing the city manager shall be final,
it being the intention of this charter to vest all authority and fix all
responsibility for such suspension or removal in the council.

§ 89. Council not to interfere in Appointments or Removals.

Neither the council nor any of its members shall direct or request the
appointment of any person to or his removal from office by the city
manager or by any of his subordinates, or in any manner take part in the
appointment or removal of officers and employees in the administrative
service of the city. Except for the purpose of inquiry, the council and its
members shall deal with the administrative service solely through the city
manager and neither the council nor any member thereof shall give orders
to any subordinates of the city manager, either publicly or privately. Any
councilman violating the provisions of this section, or voting for a resolu-
tion or ordinance in violation of this section, shall be guilty of a mis-
demeanor and upon conviction thereof shall cease to be a councilman.

§ 40. Creating, Abolishing or Changing Departments or Offices;
Change of Duties.

The council may, by ordinance, abolish or change any existing office,
department, board, commission or agency, except the school board and
the sinking fund commission, and except such elective offices as are pre-
scribed by this charter or by the general law, and may create any new
office, department, board, commission or agency it may deem necessary,
and may assign additional functions and duties to or reduce the functions
and duties of any such office, department, board, commission or agency.

§ 41. City Clerk.

The council shall appoint a clerk, who shall have the title of City
Clerk, and serve for such term and for such compensation as may be pro-
vided by the council, and until the effective date of the appointment of his
successor. He shall be the clerk of the council and keep the journal of its
proceedings, authenticate by his signature and record in full in a book
kept for the purpose al] ordinances and resolutions adopted or enacted by
it, and perform all such other duties and functions as shall be required
by the council or by this charter.

§ 42. Induction of Council into Office; Meetings of Council.

At ten o’clock, ante meridian, on the first day of September following
a regular municipal election, or on the following day if such day be on a
Sunday or legal holiday, the council shall meet at the council chamber, at
which time the newly elected councilmen, after having first taken the oaths
prescribed by law, shall assume the duties of their office. Thereafter, the
council shall meet regularly at such times as may be prescribed by its
rules, but not less frequently than once each month. Special meetings of
the council may be called and held at such time and in such manner as
may be prescribed by its rules. All meetings of the council shall be open
to the public except when a recorded vote of two-thirds (24) of those
members present it is declared that the public interest requires secrecy, in
which event the council shall go into executive session.

§ 48. Council to be Judge of Qualifications of its Members.

The council shall be the judge of the election and qualifications of its
members, and for such purpose shall have power to subpoena witnesses
and require the production of records, but the decision of the council in
any such case shall be subject to review by courts of competent jurisdiction.

§ 44. Rules of Procedure; Journal.

The council shall determine its own rules and order of business. It
shall keep a journal of its proceedings, which journal shall be kept open
to public inspection.

§ 45. Independent Annual Audit.

Prior to the end of each fiscal year the council shall designate either
the State Auditor or such representative or representatives of his office
as he may assign for the purpose, or one or more certified public account-
ants, who, as of the end of the fiscal year, shall make an independent audit
of accounts and other evidences of financial transactions of the city gov-
ernment and submit a report to the council and to the city manager. Such
accountant or accountants shall have no personal interest, direct or
indirect, in the fiscal affairs of the city government or of any of its offices
or officers; provided that being a resident or taxpayer of the city shall
not be deemed to create a personal interest hereunder.

CHAPTER III
THE CITY MANAGER

§ 46. Qualifications.

The city manager shall be chosen by the city council solely on the
basis of his executive and administrative qualifications, with special refer-
ence to his actual experience in or his knowledge of accepted practices in
respect to the duties of his office. At the time of his appointment, he need
not be a resident of the city or State, but during his tenure of office, he
shall reside within the city.

§ 47. Powers and Duties.

The city manager shall be the chief executive officer and administra-
tive head of the city government. He shall be responsible to the council
for the proper administration of all affairs of the city.

The city manager is empowered to and shall:

(1) See that all laws and ordinances are enforced.

(2) Exercise supervision and control over all departments and divi-
sions created herein, or which may be hereafter created by the council,
and have general supervision over all public improvements, works and
undertakings, except as otherwise provided in this charter.

(3) Attend all regular meetings of the council, with the right to take
part in the discussion but having no vote.

(4) Recommend to the council for adoption such measures as he may
deem necessary or expedient.

(5) Prepare the annual budget and submit it to the council, and,
after its adoption, be responsible for its proper administration.

(6) Keep the council at all times fully advised as to the financial
condition and future needs of the city, and make recommendations with
respect thereto.

(7) Make and execute all such contracts on behalf of the city as may
be authorized by this charter, or in accordance with the provisions of the
appropriations made by the council, or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to res0-
lution or ordinance of the council.

(8) Except as otherwise provided in this charter, appoint, supervise
and control all heads or directors of departments and all subordinate
officers and employees of the city, with power to discipline or remove any
officer or employee so appointed by him. Such appointments and removals
shall. be reported by the city manager to the council at its next regular
meeting.

__. (9) See that all terms and conditions imposed in favor of the city or
its inhabitants in any public utility franchise or in any contract are faith-
fully kept and performed; and upon knowledge of any violation thereof
call the same to the attention of the council and city attorney.

(10) Perform all such other duties as may be prescribed by law or be
required of him by this charter, or by the council.

§ 48. Bond.

The city manager shall be bonded in such amount as the council may
determine.

§ 49. Absence of City Manager.

To perform his duties during his temporary absence or disability, the
city manager may designate, by letter filed with the city clerk, a qualified
administrative officer of the city. In the event of the failure of the city
manager to make such designation, the council may, by resolution, appoint
an officer of the city to perform the duties of the manager until he shall
return or his disability shall cease, and the mayor may make such designa-
tion pending action by the council.

CHAPTER IV

CITY OFFICERS: BOARDS AND COMMISSIONS

§ 50. Elective Officers; Their Duties, Terms and Compensation.

In addition to the five (5) councilmen, one of whom shall serve as
ex officio mayor, as hereinbefore in this charter provided, and those officers
who under the general law are elected jointly by the voters of Rockingham
County and the City of Harrisonburg, the elective municipal officers of
the City of Harrisonburg shall consist of a Justice of the Peace from each
ward of the city; a City Sergeant; a Commissioner of the Revenue; a City
Treasurer; and such additional officers as may hereafter be provided for
by law; all of whose duties, terms and compensation shall be as prescribed
by the laws of the State of Virginia and the ordinances of the city made in
pursuance thereof.

The present Justices of the Peace, City Sergeant, Commissioner of the
Revenue and City Treasurer shall confinue to hold office until the expira-
tion of the terms for which they were elected. Upon completion of their
present terms of office, elections to fill the same shall be held at the times,
in the manner and for the terms provided by law. In the case of any
vacancy in office of the elective offices of the city, other than the members
of the city council, the same shall be filled as provided by general law.

Said Justices of the Peace shall have the same power and authority
to issue summons and warrants for violations of the ordinances of the city,
returnable to the trial officer of the city, and to take recognizances therefor
or thereon and issue subpoenas for witnesses and other criminal process
with respect thereto, likewise returnable to said trial officer, as they have
to perform said acts with relation to violations of state law made return-
able by them to state courts.

Nothing contained herein shall be construed or taken to change the
existing law whereby the Commonwealth’s Attorney, the Clerk of the
Circuit Court and the Sheriff, together with members of the General
Assembly, are jointly elected by the voters of Rockingham County and
the City of Harrisonburg, to serve both said county and city, and all
applicable laws with respect thereto are hereby continued in full force
and effect.
§ 51. Appointive Officers; Their Terms, Duties and Compensation.

In addition to the city manager and city clerk, as hereinbefore in this
charter provided for, those officers to be appointed or elected by the council,
unless and until changed by ordinance, shall consist of a city auditor, who
may be one and the same person as the city clerk, and who may be known
and designated as Clerk-Auditor; a city attorney; a collector of delinquent
taxes; a sealer of weights and measures, who may be one and the same
person as the collector of delinquent taxes; a trial officer to be known as
Police Justice; a substitute trial officer to be known as Substitute Police
Justice, and such additional officers as may hereafter be provided for by
the council; each of whom shall serve for such term as may be provided
by the council, and until the effective dates of the respective appointments
of their successors, and each of whom shall perform such duties and receive
such compensation as shall be prescribed by the council.

The present clerk-auditor, city attorney, collector of delinquent taxes
and sealer of weights and measures, police justice and substitute police
justice shall continue in office until the expiration of the terms for which
they were respectively elected or appointed. Upon completion of their
present terms of office, their successors shall be appointed or elected by
the city council in accordance with the terms of this charter and the
applicable city ordinance then in effect.

§ 52. Boards, Commissions, etc.

All boards and commissions, including the School Board, the Sinking
Fund Commission, the Planning Commission, the Recreation Commission,
and any and all other boards and commissions which may now or hereafter
be established shall be appointed by the council unless otherwise required
by general law. Their duties shall be as provided by law and by such
ordinances as may now or hereafter be adopted - by the council. Unless
otherwise required by general law, their terms shall likewise be as deter-
mined by the council and all vacancies shall be filled by the council.

§ 53. Deputies.

The city treasurer and commissioner of the revenue may each appoint
one or more deputies, provided that the number of said appointments and
the expenses of such offices shall be subject to the approval of the council
and of the State Compensation Board, as by law provided.

§ 54. Other Officers and Employees.

The officers of the city whose election or appointment is not otherwise
provided for herein or under the general law shall be appointed by the
city manager under the powers granted him by this act.

§ 55. Bonds.

The council shall designate such officers and employees of the city as
shall give bond, with surety to be approved by the council, conditioned
upon the faithful performance of all their duties under this charter, the
general law and any ordinance of the city, and the several penalties of
such bonds shall be such as are now or may hereafter be prescribed by
the laws of this state and the ordinances of the city made in pursuance
thereof; provided that the city treasurer and commissioner of the revenue,
and their sureties, shall be as liable for the acts of their deputies as for
themselves.

CHAPTER V
ORDINANCES

§ 56. Legislative Procedure.

Except in dealing with parliamentary procedure, the council shall act
only by ordinance or resolution.
§ 57. Enactments.

No ordinance or resolution appropriating money exceeding the sum
of one thousand dollars, imposing taxes, or authorizing the borrowing of
money, shall be passed by the council on the same day on which it is
introduced, nor shall any such ordinance or resolution be valid unless at
least three days intervene between its introduction and date of passage.

No ordinance or resolution appropriating money exceeding the sum
of one hundred dollars, imposing taxes or authorizing the borrowing of
money, shall be passed except by the recorded affirmative vote of a majority
of all members elected to the council.

No ordinance shall be passed or resolution adopted having for its
object the appropriation or borrowing of money except by the concurrence
of at least a majority of the members of the council; and upon the demand
of any member, on the passage of any ordinance or resolution, the ayes
and nays shall be taken and entered on the record.

§ 58. . Record.

Every ordinance or resolution having the effect of an ordinance when
passed shall be recorded by the clerk of council in a book kept for that
purpose, and shall be authenticated by the signature of the presiding
officer and the said clerk.

CHAPTER VI
BUDGET

§ 59. Fiscal Year.

The fiscal year of the city government shall begin on the first day of
July and end on the last day of June of each calendar year unless and until
such time as the council, by ordinance, may otherwise determine.

§ 60. Submission of Budget.

The city manager, at least sixty days before the end of each fiscal
year, shall prepare and submit to the council a balanced budget for the
ensuing fiscal year, based upon detailed estimates furnished by the several
officers of the city government and containing such data and information
as may be directed by the council, by ordinance or otherwise.

§ 61. Adoption of Budget; Appropriation Ordinance; Tax Levy.

At least thirty days before the end of each fiscal year, the council
shall adopt a budget for the ensuing fiscal year and pass an annual
appropriation ordinance based on the budget so adopted and levy such
tax for the ensuing fiscal year as in its discretion shall be necessary and
sufficient to meet all just demands against the city, subject, however, to
any provisions and limitations hereinbefore in this charter or by law
imposed.

CHAPTER VII
EXISTING ORDINANCES CONTINUED

§ 62. Existing Ordinances Continued. All ordinances now in force
in the city, not inconsistent with this act, the laws of this State and of
the United States, shall be and remain in force until altered, amended or
repealed by the council.

2. Chapter 291 of the Acts of Assembly of 1848-49, passed March 16,
1849 and all acts amendatory thereof are repealed. All acts and parts of
acts inconsistent with this act are also repealed.

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