CHAPTER 9

An Act to provide a charter for the first class city of Hampton; to ratify,
confirm and validate a certain consolidation agreement and ratify, con-
firm and validate all official acts of the council and all duly qualified
officers of the first class city of Hampton. oH 2]

Approved December 16, 1952

Whereas, pursuant to Chapter 583 of the Acts of the Assembly of
Virginia approved April 11, 1950, the former second class city of Hampton,
former County of Elizabeth City and former Town of Phoebus did on or
about the 8th day of May, 1952, enter into a consolidation agreement in
words and figures as follows, to-wit:

THIS AGREEMENT, Made and entered into this 8th day of May,
1952, pursuant to the provisions of Chapter 583 of the Acts of Assembly
of Virginia approved April 11, 1950, by and between the County of Eliza-
beth City, the City of Hampton and the Town of Phoebus, providing for
the consolidation of the said County, City and Town into a single city to
be known as the City of Hampton, and providing a charter therefor.

WITNESSETH, That in consideration of the mutual covenants, pro-
visos and agreements hereinafter set forth, which are to be executed, done
and performed on the part of each of the parties hereto, it is covenanted
and agreed between the parties hereto, as follows:

1. The subject matter contained in this agreement shall be sub-
mitted to the voters of each of the political subdivisions hereinabove
named for approval or disapproval, and the said provisions shall become
effective only after an affirmative vote thereon as hereinafter provided.

That subject to the outcome of the election above provided for,
this agreement shall become effective July 1, 1952, and the Government of
the said County, Town and City shall cease to exist the moment that the
new consolidated City Government as provided for in this agreement and
charter shall become effective.

3. The charter of the new or consolidated City of Hampton is
attached hereto and by this reference made a part of this agreement.

4. Each party to this agreement shall request the Judge of the
Circuit Court having jurisdiction over the said County, City and Town to
order an election to be held and conducted in accordance with the provi-
sions of Chapter 583 of the Acts of 1950, approved April 11, 1950.

5. All property, real or personal, of the County of Elizabeth City,
the City of Hampton and the Town of Phoebus, parties to this agreement,
shall upon the effective date of the consolidation become the property of
the new consolidated City of Hampton, in accordance with the provisions
of the charter hereto attached.

The assessed value in current money of the United States of the
property, real and personal, belonging to each is as follows:

Real Personal Total
1S E300) 0) 0) ¢ nn 3,727,093 3,647,899 1,374,992
1d aXe) ) 0) 0 |: 1,469,140 997,619 2,466,759
Elizabeth City Co. 19,014,330 12,072,668 31,086,998

6. All debts due and payable to the County of Elizabeth City, the
City of Hampton and the Town of Phoebus, parties to this agreement,
shall be the property and/or debts of the new consolidated City of Hamp-
ton, upon the effective date of consolidation in accordance with the provi-
sions of the charter attached herewith.

The indebtedness, bonded and otherwise, of each of the parties hereto
is as follows:

Bonded Indebtedness Otherwise Total
Hampton oon ccccececcceeee 361,500 57,534.06 419,034.06
| coy -) 0): 35, 000 35,000.00
Elizabeth Gity O10 en 2 307, 215 2,307,215.00

7. The new consolidated City of Hampton shall assume the payments
of all existing debts, indebtedness, bonds, notes and obligations of every
character, nature and description of all the parties hereto upon the effec-
tive date of consolidation as provided for in the charter attached hereto.

8. The compensation of all constitutional officers of the County of
Elizabeth City, the City of Hampton and the Town of Phoebus, who are
continued in office for the expiration of their terms by the provisions of
the charter attached hereto, whether they be continued as the principal
officers or as assistant officers, shall not be decreased during the term of
office for which they were elected in either the County, City or Town, which
are parties to this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this instru-
ment to be duly executed in its name and on behalf of its political sub-
division, and its corporate seal affixed, duly attested by its proper officers
in their behalf duly authorized and witness the following signatures and

seals of the parties hereto.
. CITY OF HAMPTON
By George C. Bentley
Mayor
ATTEST:
Geraldine L. Lassiter

Clerk
CITY OF HAMPTON SEAL
AFFIXED
TOWN OF PHOEBUS
By Henry F. Ferber
Mayor
ATTEST:
Ellen E. Kuss

Clerk
TOWN OF PHOEBUS SEAL
AFFIXED
eT BROWER BASRA SEA H OU S Due A PN Se Vv sAayws WD

ATTEST:
S. M. Gibson
County Clerk
COUNTY OF ELIZABETH CITY
SEAL AFFIXED

__ Whereas, in accordance with said agreement and pursuant to the pro-
visions of Chapter 583 of the Acts of the Assembly of Virginia approved
April 11, 1950, there was filed on or about the 9th day of May, 1952, in
the Clerk’s Office of the Circuit Court of Elizabeth City County a petition
signed by the respective mayors of the former second class city of Hamp-
ton and former town of Phoebus, and attested by the city and town clerks,
respectively, and by the chairman of the Board of Supervisors of Elizabeth
City County and attested by the County Clerk, praying the Circuit Court
for the County of Elizabeth City to enter its order requiring the regular
election officials of the said former County of Elizabeth City, former
second class City of Hampton and former Town of Phoebus to open a poll
and take the sense of the qualified voters of each such said former City,
County and Town on the question: “Shall the County of Elizabeth City,
the City of Hampton, and the Town of Phoebus consolidate in accordance
with the agreement entered into on the 8th day of May, 1952?”

Whereas, the Circuit Court for the County of Elizabeth City by its
order June 2, 1952, ordered an election to be held on the 17th day of June,
1952, on the question: ‘Shall the County of Elizabeth City, the City of
Hampton, and the Town of Phoebus consolidate in accordance with the
agreement entered into on the 8th day of May, 1952?”

Whereas, in said election in former Elizabeth City County, 3953
qualified voters cast their vote ‘for’ the question submitted and 487
“against”; and in former Town of Phoebus, 562 qualified voters cast their
vote “for” the question submitted and 99 ‘against’; and in the former
second class City of Hampton, 972 qualified voters cast their votes “for”
the question submitted and 169 “against’’.

Whereas, the Circuit Court for the County of Elizabeth City did on
the 21st day of June, 1952, enter its order, decreeing that the plan of con-
solidation voted thereon should become effective July 1, 1952, a copy of
which order was certified to the Secretary of the Commonwealth. Now,
therefore,

1. Beit enacted by the General Assembly of Virginia:

CHAP 1
INCORPORATION AND BOUNDARIES

§ 1.01. Incorporation. The inhabitants of the territory comprised
within the limits of the former City of Hampton and the County of Eliza-
beth City, including the former town of Phoebus, as the same now are or
may hereafter be established by law, are hereby declared to be a body
politic and corporate under the name of the City of Hampton 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 Hampton as
herein provided shall coincide and be coextensive with the boundaries of
the former City of Hampton and Elizabeth City County, including the
boundaries of the former Town of Phoebus, as they existed immediately
preceding incorporation, namely midnight June 30th, 1952. There shall
also be included in the boundaries of the city any contiguous territory
ceded to the Commonwealth of Virginia by any Government or agency

thereof.
CHAP 2
POWERS

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

a. The City shall have the power and authority for making and
improving 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
assessment shall not be in excess of the peculiar benefits resulting to the
land from such improvements.

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

c. 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 general law, or as may have been possessed by
the County Board of Elizabeth City County, immediately preceding
incorporation.

The City is hereby authorized and empowered in addition to the
other powers granted by this Charter, to adopt ordinances prohibiting
lotteries and games of chance, and providing for the punishment of persons
engaged in managing or promoting lotteries, or buying or selling chances,
or being concerned therein, as provided by paragraph 18-301 of the Code
of Virginia. The City is authorized and empowered by ordinances to
institute forfeiture proceedings as provided by paragraph 18-302 of the
Code of Virginia, and such proceedings for the enforcement of said for-
feitures may be instituted and conducted in the name of the said City,
and the procedure shall be mutatis mutandis, the same as is prescribed in
paragraph 19-11 of the Code of Virginia and other sections relating
thereto for forfeiture proceedings hy the Commonwealth.

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 expe-
dient, 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 insofar as not prohibited by general law, the
city shall have power 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 amusement, enter-
tainment, performance, exhibition, sport, or athletic event in the city,
which taxes may be added to and collected with the price of such admission
or other charge; to levy on and collect taxes from purchasers of any public
utility service, which taxes may be added to and collected with the bills
rendered purchasers of such service; to establish, impose, and enforce
sewerage rates and to impose or to levy rates and charges for garbage
collection, or other services, products, or conveniences, operated, rendered,
or furnished by the city; to require licenses for the conduct of any
business profession and to require licenses of owners of vehicles of all
kinds for the privilege of using the streets, alleys, and other public
places in the city, require taxes to be paid on such licenses and pro-
hibit the use of streets, alleys and other public places in the city with-
out such license, and to require licenses of operators of trailer camps or
sites in said city.

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

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

CHAP 38
THE CITY COUNCIL

§ 3.01. The areas comprising the former City of Hampton, Wythe
Magisterial District, Chesapeake Magisterial District and the former Town
of Phoebus from the moment of incorporation shall be known and con-
stituted as the boroughs of Hampton, Wythe, Chesapeake and Phoebus
respectively and shall serve as election districts in the City of Hampton
and for such other purposes as authorized by this charter and the laws
of the Commonwealth of Virginia, or by ordinance of the City, until the
boundaries of said boroughs are changed in accordance with paragraph
(a) of § 3.01, Chapter 3 of this charter.

a. The Council of the City of Hampton shall on or before December
31, 1954, redistrict the said boroughs of Hampton, Wythe, Chesapeake and
Phoebus so that the population contained in each shall be as nearly equal
as it is reasonably practical to so do.

b. The persons who held office as members of the Board of Super-
visors of Elizabeth City County and the persons who held office as the
Mayors of the City of Hampton and the Town of Phoebus at the moment
of incorporation, shall be members of the Council of the City of Hampton.
They shall constitute all of the said Council of the City of Hampton and
shall serve as the City Council of the City of Hampton until the election
and qualification of their successors, as provided for in § 3.01 (c) hereof,
notwithstanding the duration of the term of office for which such persons
may have been originally elected.

c. The Council, as provided for in this chapter, shall continue to have
and exercise all of the rights, powers and privileges conferred and shall
be subject to all the duties, liabilities and restrictions imposed by law for
the Government of cities of the first class of this Commonwealth until their
successors shall be elected on the second Tuesday in June, 1955, as pro-
vided for in this chapter.

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

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

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

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

§ 3.04. Rules of Procedure. The Council shall have power, subject
to the provisions of this charter, to adopt its own rules of procedure. Such
rules shall provide for the time and place of holding regular meetings of
the Council, which shall be not less frequently than once in each month.
They shall also provide for the calling of special meetings by the mayor;
the city manager or any two members of the Council, and shall prescribe
the method of giving notice thereof, provided that the notice of each special
meeting shall contain a statement of the specific item or items of business
to be transacted and no other business shall be transacted at such meeting
except by unanimous consent of all the members of the Council. A majority
of the members of the Council shall constitute a quorum for the transaction
of business.

§ 3.05. Voting. No ordinance, resolution, motion, or vote shall be
adopted by the Council except at a meeting open to the public and, except
motions to adjourn, to fix the time and place of adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative vote of at least three members. All voting except on proce-
dural motions shall be by roll call and the ayes and noes shall be recorded
in the journal.

§ 3.06. Election of Mayor and Vice-Mayor. At the first meeting of
the council after consolidation, and at each succeeding meeting immedi-
ately following the taking of office of councilmen after a general council-
manic election, the council shall choose by majority vote of all the mem-
bers thereof one of their number to be mayor and one to be vice-mayor for
the ensuing term. The mayor shall preside over the meetings of the
council and shall have the same right to vote and speak therein as other
members. He shall be recognized as the head of the city government for
all ceremonial purposes, the purposes of military law, and the service of
civil process. The vice-mayor, in the ahsence 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.
§ 3.07. Clerk to the Council. The council shall appoint a clerk to
the council for an indefinite term. He may, for a period of one year fol-
lowing the date of incorporation, be the same person who serves as clerk
of the Circuit Court for the City of Hampton. He shall keep the journal
or the council’s proceedings and shall record all ordinances in a book kept
for the purpose. He shall be the custodian of the corporate seal of the
city and shall be the officer authorized to use and authenticate it. He shall
receive such compensation as clerk to the council as may be determined
by the council.

§ 3.08. Powers of City Council. All powers of the City of Hampton
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, dis-
bursements, and expenses of any city officer; 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 desig-
nated 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 exercised
or duly performed by that officer or employee of the city so designated
by ordinance or resolution of the council. Any activity which is not
assigned by the provisions of this charter to specific departments or
agencies of the city government shall, upon recommendation of the city
manager, be assigned by the council to the appropriate department or
agency. The council may further, upon recommendations of the city
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 Com-
monwealth or hy 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.

d. Either the council or the city manager may at any time order an
examination or audit of the accounts of any officer or department of the
city government. Upon the death, resignation, removal, or expiration of
the term of any officer of the city, the director of finance shall cause an
audit and investigation of the accounts of such officer to be made and
shall report the results thereof to the city manager and the council. In
case of the death, resignation, or removal of the director of finance, the
council shall cause an audit to be made of his accounts. If as a result of
any such audit, an officer be found indebted to the city, the council shall
proceed forthwith to collect such indebtedness.

e. The council shall fix a schedule of compensation for all city officers
and employees other than the constitutional officers cited in this charter,
which shall provide uniform compensation for like service. The council
may by ordinance define certain classes of city officers and 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 judge.

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

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

CHAP 4
THE CITY MANAGER

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

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

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

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

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

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

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

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

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

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

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

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

(i) All fines and forfeitures, fees and costs, imposed, assessed or
taxed by the Police Justice of the said City, for violation of City Ordi-
nances, may be collected by such members of the police department or
other persons as may be designated by the City Manager with the approval
of the Council to collect same, who shall furnish bond with surety as fixed
and approved by the Council; and all such fines and forfeitures collected
for violations of City Ordinances, together with the Clerk’s fees, shall be
paid to the Clerk of the Police Justice Court of said City as now provided
by law daily; and all fines and forfeitures for violations of City Ordinances,
and all other fees and costs imposed, assessed or taxed by said Police
Justice shall be reported daily to the Director of Finance and shall be paid
daily to the City Treasurer.

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

CHAP 5

§ 5.01. City Purchasing Agent. There shall be a Purchasing Agent
appointed in accordance with the provisions of § 4.02 or paragraph (a),
Chapter 4 of this charter. However, the Director of Finance of the City
Government may serve as Purchasing Agent in addition to his other
duties. The selection of a Purchasing Agent must be on the basis of
experience and qualifications to perform the requirements of the position.

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

§ 5.038. Emergency Requirements. The Purchasing Agent shall pre-
scribe procedures for immediate purchases for unforseeable needs by
reason of disaster and other causes preventing anticipation of the need.
The mere fact that the supply of an item is exhausted shall not be deemed
an emergency.

§ 5.04. Specifications. Wherever practicable, the Purchasing Agent
shall prepare specifications for the quality and or dimensions of items of
materials, supplies, equipment and other needs for City use.
§ 6.01. Department of Finance. .There shall be a department of
finance which shall be under the supervision of a director of finance,
appointed by the city manager, and which shall include the city treasurer
and the city commissioner of the revenue and their respective offices,
insofar as said inclusion is not inconsistent with the Constitution and
general laws of this Commonwealth.

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

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

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

(b) Compile the capital estimates for the budget for the City
Manager;

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

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

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

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

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

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

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

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

6.05. Expenditures and Accounts. No money shall be drawn from
the treasury of the city, nor shall any obligation for the expenditure of
money be incurred, except in pursuance of the annual appropriation
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. The director of finance
shall countersign each and every warrant drawn on the City Treasury
for the expenditure of public money, including warrants drawn on school
funds, and his countersignature shall constitute a certificate that such
warrant has been issued in accordance with the requirements of this
section. The countersignature of the director of finance and treasurer
shall be affixed on each and every warrant drawn on city funds and where
so affixed shall be sufficient to validate said warrant. The provisions of
this section shall not apply to expenditures in compliance with court
orders or transfers of monies from one fund to another, or remittances
by the treasurer due the State.

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

§ 6.07. Disposition of Monies. All monies received or collected for
the use of the city from any source shall be paid over, held, and disbursed
as the council may order or resolve, and in such depository or depositories
as may be prescribed by the council, either by ordinance or resolution.
Such depository or depositories may be required to furnish such security,
and under such conditions, as the council may prescribe, not inconsistent
with general laws of the Commonwealth. The City Treasurer is hereby
authorized to permit securities pledged by the depositories of City funds
to be held in custody by the Federal Reserve Bank of Richmond, Virginia,
in accordance with any operating circular or circulars of said Bank.

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

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

apter.

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

The tentative budget shall be accompanied by:

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

(b) An itemized and complete financial balance sheet for the City
at the close of the last preceding appropriation year.
§ 6.11. Public Hearing; Notice; Publication. <A brief synopsis of
the budget shall be published in a newspaper published and printed and
having general circulation in the City, or if there be none then in some
newspaper having general circulation therein; and notice given of one
or more public hearings, at least fifteen days prior to the date set for
hearing, at which a citizen or property owner of the City shall have the
right to attend and state his views thereon. Such hearing may be
adjourned from time to time until completed.

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

§ 6.138. Extraordinary Appropriations and Expenditures.

(1) Re-allocation of Budgeted Funds.

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

(2) Appropriation of Surplus Funds.

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

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

uaget,

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

(3) Emergency Appropriations.

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

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

§ 6.15. Purpose for Which Bonds or Notes May be Issued. Bonds,
and notes in anticipation of bonds when the issuance of bonds has been
authorized as hereinafter provided, may be issued for any purpose for
which cities of the first class are authorized to issue bonds by the Consti-
tution 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 anytime during the fiscal] year, provided that
said nates shall mature not later than twelve months after date of issue,
and in amount not in excess of the revenues anticipated.
§ 6.16. Manner of Issuing Bonds and Notes. Bonds and notes of
the city shall be issued in the manner provided by general law.

§ 6.17. Limitation on Indebtedness. In the issuance of bonds and
notes, the city shall be subject to the limitations as to amount which are
contained in § 127 of the Constitution of Virginia.

CHAP 7
DEPARTMENT OF LAW

§ 7.01. Department of Law. There shall be a department of law
which shall consist of the city attorney and such assistant attorneys and
other employees as may be provided by ordinance. In addition to his other
duties, the attorney for the Commonwealth may serve as city attorney.

§ 7.02. City Attorney. The head of the department of law shall be
the city attorney who shall be appointed by the City Manager with the
advice and approval of the council. He shall be an attorney at law licensed
to practice under the laws of the Commonwealth. The city attorney shall
be the chief legal advisor of the council, the city manager and of all
departments, boards, commissions, and agencies of the city, including the
school board, in all matters affecting the interests of the city. He shall
represent the city in all legal proceedings. He shall make such investiga-
tion into any affairs of the city as the City Manager or Council shal] direct.
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 ordi-
nance. He shall have general management and control of the department.

CHAP 8
DEPARTMENT OF PUBLIC WORKS

§ 8.01. Department of Public Works. There shall be a department
of public works which shall consist of the director of public works to be
appointed by the City Manager and such other officers and employees
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
responsible for the construction and maintenance of all public buildings,
streets, roads, bridges, drains, sewers, garbage and refuse collection, and
disposal, and all other public works and construction; the care of public
buildings, and warehouses; the custody of such equipment and supplies
as the council may require; and such other powers and duties as may be
assigned to the department.

§ 8.08. 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 provided
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 exertise of all health functions imposed on municipalities
by general law and such other functions as may be assigned to the
department.

§ 9.038. 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
citizens of the city, who together with the director of public health shall
constitute the board of health. The Board of Health shall advise and
cooperate with the department of health and shall have power to adopt
necessary rules and regulations, not in conflict with law, concerning the
department. The provisions of general law relating to the establishment
of local boards of health shall not apply to the City of Hampton.

§ 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 denartment
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 the city manager. 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. All official acts
performed by the director, superintendent and local boards of public wel-
fare from the moment of consolidation are hereby confirmed and validated.

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 otherwise 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.

CHAP 11
DEPARTMENT OF EDUCATION

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

The school board of the City of Hampton shall be composed of seven
trustees, who shall be chosen by the council. The school trustees of the
former City of Hampton and the County of Elizabeth City, including the
member representing the Town of Phoebus, shall become the school
trustees of the City of Hampton when this charter takes effect and con-
tinue to serve until the expiration of the term for which they were
appointed. When the number of school trustees have been reduced below
seven, the Council shall fill such vacancies as occur in staggered terms
from one year to not more than five years. No school trustee shall be
reappointed to succeed himself.

The division superintendent of schools shall be appointed and serve
for a term of office as prescribed by general law. The person holding
office as division superintendent of schools of Elizabeth City County at
the time this charter takes effect shall continue as division superintendent
of schools for the City of Hampton 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 Hampton shall be appointed as prescribed by general law.

CHAP 12
DEPARTMENT OF RECORDS

§ 12.01. Clerk of Cirewit Court. The department of records shall
be under the supervision and control of the clerk of the circuit court for
the City of Hampton. He shall, for a period of one year following the
date of incorporation, 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 Hampton shall, subject
to the provisions of this charter, exercise all the powers conferred and
perform all the duties imposed upon such officers by general law and be
subject to the obligations and penalties imposed by general law.

CHAP 13
MUNICIPAL COURTS

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

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

§ 13.038. 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.

§ 13.04. 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 shall receive no other compensation for
his services as such civil and police justice.

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

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

§13.07. Fees, Costs, and Fines. Fees, costs, and fines shall be
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,
gets and fees due to the State shall be paid to the proper officials of the

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

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

§13.10. Justices of the Peace. The judge of the circuit court shall
determine the number of justices of the peace required and appoint each
for a term of four years.

The justices of the peace in office at the time of the effective date of
this charter shall continue in office until the expiration of the term for
which they were elected. Justices of the peace shall have all the powers,
duties, and authority possessed by the justices of the peace in office at the
oe date of this charter or as may hereafer be prescribed by general
aw.

CHAP 14
PROVISIONS FOR TRANSITION

§ 14.01. Assets and Liabilities. The City of Hampton shall become
and be liable for the bonded indebtedness and current debts and obliga-
tions of the former City of Hampton, the former County of Elizabeth City
and the former Town of Phoebus, and of any sanitary or other districts
of the said former city and former county and of the said former town,
and shall become liable for the obligations and other liabilities of said
former city and former county and former districts and of said former
town, both in law and equity, arising out of any act of said former city,
former county, or former districts or said former town. for which said
former city, former county, former districts or former town would have
been liable, and City of Hampton shall faithfully observe, keep, and perform
every such liability, and the City of Hampton may sue in its corporate
name on all bonds, notes, accounts, or contracts payable to the said city,
the former City of Hampton or said former districts, or the former County
of Elizabeth City or the former Town of Phoebus. The title to all the
property, all rights and privileges and things of value and other assets
of the former City of Hampton and said former county and the said
former districts and said former town, and their rights and privileges
under and contract, including any and all moneys belonging to the former
City of Hampton or former County of Elizabeth City, or former districts
or former town, and their books, records, papers, and other things of
value, shall vest in and become the property of the City of Hampton. 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 liabilities of the school board of
the former City of Hampton, the former County of Elizabeth City and
the former Town of Phoebus, at the time of incorporation are hereby
vested in the school board of the City of Hampton.

§ 14.02. Validation of Certain Acts. All acts performed by the
Council of the City of Hampton or any of its duly qualified officers or
officials, including notaries of public heretofore qualified in the former
City of Hampton or County of Elizabeth City subsequent to midnight
June 30, 1952, are hereby confirmed validated.

§14.03. Effects on County Code. All laws, parts of laws, ordinances,
or resolutions adopted by the board of county supervisors of the former
County of Elizabeth City, not in conflict with this charter or the Consti-
tution of the Commonwealth, are hereby continued in full force and effect
as laws, parts of laws, ordinances or resolutions adopted by the city
council of the City of Hampton, until amended or repealed in accordance
with the provisions of this charter, including specifically but not exclu-
sively zoning, subdivision control, plumbing, building plat and sanitation
ordinances, existing at the moment of incorporation. The charters of the
former City of Hampton and of the former Town of Phoebus and all
ordinances of the former City of Hampton and the former Town of
Phoebus are hereby rescinded. All ordinances duly adopted by the first
class City of Hampton from July 1, 1952, are hereby confirmed and
validated.

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

§ 14.05. Circuit Court; Judge. That person who held office as Judge
of the Circuit Court of former Elizabeth City County immediately preced-
ing consolidation shall be and continue to be the Judge of the Circuit Court
of the City of Hampton 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 the Circuit Courts
of cities of the first class. Upon the expiration of his term or in the event
of a vacancy in said office shall be filled in the manner then provided by
General Law.

§ 14.06. Circuit Court; Transition. All actions of every kind, crim-
inal as well as civil, which were pending in the Circuit Court of the former
County of Elizabeth City at the effective date of consolidation shall retain
an identical status in the Circuit Court of the City. Such actions shall
automatically 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. The judge of the Circuit Court shall perform all duties and acts
imposed by statute of the judge of a corporation court and shall have all
authority delegated by law to the judge of a corporation court until such
time as a corporation court is established for the City of Hampton and a
judge therefor is appointed and has qualified.

§ 14.07. Effects upon County Officers. The persons who held office
as members of the former board of county supervisors of the County of
Elizabeth City at the time of consolidation shall be members of the council
of the City of Hampton, as provided in Chapter 3 of this charter. The
persons who held office as the attorney for the Commonwealth, county
clerk of court, county sheriff, county treasurer and county commissioner
of revenue of the former County of Elizabeth City at the time of consoli-
dation shall be, respectively, the attorney for the Commonwealth, the clerk
of court, city sergeant, city treasurer and city commissioner of revenue
of said city.

a. The persons who held office as City Treasurer of the former City
of Hampton and as town treasurer of the former Town of Phoebus at the
moment of consolidation shall be assistant treasurers for the City of
Hampton until the expiration of the term for which he was elected, and
such assistants shall have all the powers and authority granted a deputy
by general law.

b. The person who held office as Commissioner of Revenue for the
former City of Hampton at the moment of consolidation shall be the
assistant Commissioner of Revenue for the City of Hampton until the
expiration of the term for which he was elected, and such assistant shall
have all the powers and authority granted a deputy by general law.

§ 14.08. Elections. The clerk of court of the City of Hampton
shall be elected at the times, in the manner, and for the terms provided
by general laws affecting cities of the first class with a population of
thirty thousand or more. The city sergeant, attorney for the Common-
wealth, commissioner of the revenue and treasurer of the City of Hampton
shall be elected in the manner and for the terms provided by general laws
affecting cities of the first class, except that they shall he elected at the
times provided by general law for the election of county sheriffs, county
commissioners of the revenue, county treasurers and county attorneys for
the Commonwealth respectively. The incumbents in the five above-men-
tioned offices who first served the City of Hampton after its consolidation
shall serve until their respective successors are elected in accordance with
this paragraph, and shall have qualified.

§ 14.09. Representation in General Assembly. The consolidation of
the former City of Hampton and the former County of Elizabeth City,
and the former Town of Phoebus 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 former
county, town and city were entitled at the time of consolidation.

§ 14.10. Peninsula Airport Commission. All the rights, powers,
liabilities and benefits of the former City of Hampton, the former County
of Elizabeth City, including the former Town of Phoebus, resulting from
agreement or arising by law in the Peninsula Airport Commission shall
inure to the City of Hampton, and the representatives of the former City
of Hampton and the former County of Elizabeth City, including the former
Town of Phoebus, on the Peninsula Airport Commission at the time of
consolidation shall continue as a representative of the City of Hampton,
as if the City of Hampton had originally been a party to the creation of
the Peninsula Airport Commission.

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

§ 14.12. 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 judg-
ment 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.

2. As to all matters provided for in this charter, the provisions hereof
shall pro tanto supersede the consolidation agreement entered into on May
8, 1952, by the governing bodies of the County of Elizabeth City, the City
of Hampton and the Town of Phoebus, and the charter of the consoli-
dated City of Hampton made a part thereof by reference, and such agree-
ment and charter shall be of no further force and effect.

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