CHAPTER 245

An Act to amend and reenact §§ 3.01, 4.02, 6.05, 6.06, 18.06 and 14.08
of Chapter 9 of the Acts of Assembly of the Extra Session of 1952,
approved December 16, 1952, being the charter of the City of
Hampton.

[fH 207]

Approved March 18, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 3.01, 4.02, 6.05, 6.06, 18.06 and 14.08 of Chapter 9 of the
Acts of Assembly of the Extra Session of 1952, approved December 16,
1952, be amended and reenacted as follows:

§ 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
constituted 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 *
(d) of § 3.01, Chapter 3 of this charter.

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(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 § 8.01 * (d)
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 provided for in this chapter.

*

_ (da) The composition of the Council shall be one of the three follow-
ing plans subject to the choice of the electorate of the city to be deter-
mined at a special election to be hereinafter provided:

COUNCIL AT LARGE PLAN

Under this plan, there shall be a general councilmanic election on
June fourteen, nineteen hundred fifty-five, at which time there shall be
elected a Council of five members who shall be elected at large from the
qualified voters of the city, two of whom shall be elected for terms of
two years each, and three of whom shall be elected for terms of four
years each. The five candidates receiving the highest number of votes in
the city shall be declared elected, and of the five so elected the two receiv-
ing the lowest number of votes in the first election of nineteen hundred
fifty-five shall serve the two-year terms. The five-member Council so
elected shall take office on July one, nineteen hundred fifty-five, and there-
after there shall be a general councilmanic election every two years, held
on the second Tuesday in June, with the candidates receiving the highest
number of votes being declared elected, and with the terms of councilmen
elected at such elections beginning July one following their election and
continuing for a term of four years. The Council shall be a continuing
body and no measure pending before it shall abate or be discontinued by
reason of the expiration of the term of office or removal of the members of
the body or any of them. Vacancies in the office of councilmen shall be
filled in accordance with § 3.02 hereof, and a mayor and vice-mayor shall
be elected in accordance with § 8.06 hereof.

COUNCIL BY BOROUGH PLAN

Under this plan, the present Council of the City of Hampton shall,
on or before January thirty-one, nineteen hundred fifty-five, divide the
City of Hampton into five boroughs so that the population contained in
each shall be as nearly equal as it is reasonably practical to so do. The
names of the boroughs shall be Wythe, Chesapeake, Northampton, Phoebus
and Hampton, and due consideration shall be given to the location of the
former political subdivisions or election districts bearing those names,
taking cognizance of the need for near equality of population in each of
the new boroughs. There shall be a general councilmanic election on June
fourteen, nineteen hundred fifty-five at which time there shall be elected
a council consisting of one member from each of the respective five bor-
oughs aforesaid. The candidate from each borough receiving the highest
number of votes in that borough shall be declared elected. The two coun-
cilmen so elected receiving the lowest number of votes shall serve original
terms of two years. The three councilmen so elected receiving the highest
number of votes shall serve original terms of four years. The five-member
council so elected shall take office on July one, nineteen hundred fifty-five,
and thereafter there shall be a general councilmanic election every two
years, held on the second Tuesday in June, with the terms of councilmen
elected at such elections beginning July one following their election and
continuing for a term of four years.

The council shall be a continuing body and no measure pending
before it shall abate or be discontinued by reason of the expiration of the
terms of office or removal of the members of the body or any of them.
Vacancies in the office of councilmen shall be filled in accordance with
§ 3.02 hereof, and a mayor and vice-mayor shall be elected in accordance
with § 8.06 hereof.

COUNCIL BY BOROUGH AND AT LARGE PLAN

Under this plan, the present council of the City of Hampton shall,
on or before January thirty-one, nineteen hundred fifty-five, redistrict the
present boroughs of Hampton, Wythe, Chesapeake and Phoebus so that
the population contained in each shall be as nearly equal as it is reason-
ably practical to so do. There shall be a general councilmanic election on
June fourteen, nineteen hundred fifty-five, at which time there shall be
elected a council consisting of seven members, one member being elected
from each of the respective four boroughs aforesaid, and the remaining
three members being elected from the city at large. The candidate from
each borough receiving the highest number of votes in that borough shall
be declared elected, and the three candidates receiving the highest number
of votes from the city at large shall be declared elected. The three counctl-
men so elected at large shall serve original terms of two years, and the
four councilmen so elected from the respective boroughs shall serve orig-
inal terms of four years. The seven-member council so elected shall take
office on July one, nineteen hundred fifty-five, and thereafter there shall
be a general councilmanic election every two years, held on the second
Tuesday in June, with the terms of councilmen elected at such elections
beginning July one following their election and continuing for a term of
four years. The council shall be a continuing body and no measure pend-
ing before it shall abate or be discontinued by reason of the expiration of
the term of office or removal of the members of the body or any of them.
Vacancies in the office of councilmen shall be filled in accordance with
§ 3.02 hereof, and a mayor and vice-mayor shall be elected in accordance
with § 8.06 hereof.

Under this plan 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 four members.

A special election shall be held on the Tuesday after the second
Monday in July, nineteen hundred fifty-four, at which election the elec-
torate of the city who are qualified to vote in the succeeding general
election, shall determine which of the three legislative plans as provided
herein shall be adopted for the government of the city, and it is hereby made
the duty of the regular election officers of the city to prepare the ballots
and provide for the submission of the question to the voters at the election.
The election shall be conducted in the manner prescribed by law for the
conduct of regular elections and the ballots shall be printed and voted in
accordance with the provisions of § 24-141 of the Code of Virginia. The
questions to be voted on shall be printed in separate lines thus:

[] For council at large plan
[] For council by borough plan
[] For council by borough and at large plan

Returns of the election shall be certified by the commissioners of
election to the Circuit Court of the city or the judge thereof in vacation
and an order shall be entered of record, setting forth the legislative plan
adopted by a majority vote of the electorate at the election, a copy of
which shall be forthwith certified by the clerk of the court to the council
for recordation in its journal; provided, however, that if it shall appear
to the court or the judge thereof in vacation that neither of the three
questions voted on received a majority of votes, an order shall be entered
of record requiring the regular election officers at the next regular
November election, or on the day fixed in the said order, to prepare the
ballots and provide for the submission to the voters qualified to vote in
the November general election of the two plans receiving the highest
number of votes in the July election. The questions shall be submitted
and the election conducted and the returns certified to the circuit court
in the same manner as set forth herein for the submission of the three
questions.

Either election may be contested and the proceedings for the contest
shall conform as nearly as may be to the provisions of § 15-58 of the
Code of Virginia.

§ 4.02. 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 ade-
quately 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 coordination of
the various activities of the city and unifying the management of its
affairs. To accomplish these purposes he shall have the following specific
powers and duties:

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

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

opted.

(zg) 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. *

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

6.05. 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 sup-
plement thereto, or subsequent resolution enacted by the council. Accounts
shall be kept for each item of appropriation 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 charge-
able, sufficient to meet the obligation 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, * except-
ing 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 except as otherwise provided herein 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 trans-
fers of monies from one fund to another, or remittances by the treasurer
due the State.

§ 6.06. * The city council may, in lieu of the method now prescribed
by law, provide by ordinance for the annual assessment and equalization
of assessments of real estate in the city, for local taxation, and to that end
may establish a real estate assessment office and appoint one or more
persons to assess such real estate for taxation and to equalize such
assessments. The term or terms of such assessor or assessors shall be as
prescribed by the council. The assessor or assessors shall be removable
by the council for malfeasance, misfeasance or nonfeasance in office.
All vacancies shall be filled by the council for the unexpired term.

The city council may prescribe the duties of such assessor or assessors
insofar as they are not prescribed herein, and fix his or their compensation,
and may provide for such clerical assistance and other expenses as may
be necessary in the opinion of the council.

All duties imposed and all powers conferred by law on the commtis-
sioner of the revenue with respect to the assessment of real estate except-
ing those powers conferred upon him by § 58-1141, as amended, and
§ 58-1142 of the Code of Virginia shall be transferred to and vested in
the assessor or assessors appointed pursuant to this section, except that
the commissioner of revenue shall continue to prepare the land book and
make disposition of the copies thereof as required by law. The land book
shall be prepared by the commissioner of the revenue on the basis of the
assessments made by the assessor or assessors and certified to him.
Transfers shall be verified by the commissioner of the revenue.

All real estate shall be assessed at its fair market value as of January
first of each year by such assessor or assessors, and taxes for each year
on such real estate shall be extended by the commissioner of the revenue
on the basis of the last assessment made prior to such year, subject to
such changes as may have been lawfully made. Any person aggrieved by
any assessment made under the authority of this section may apply for
relief to the circuit court in the manner prescribed by § 58-1144, § 58-1145
and § 58-1146 of the Code of Virginia. For purposes of the limitation of
time within which an aggrieved person may apply to the circuit court for
relief as set forth in § 58-1145 of the Code of Virginia, a general reassess-
ment shall be considered to have been made in the city in the year nineteen
hundred fifty-four and every fourth year thereafter.

This section shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

The city council may act under this section for the year nineteen
hundred fifty-four as well as for succeeding years, and such action under
this section in and for the year nineteen hundred fifty-four and succeeding
years shall be in lieu of the general reassessment and equalization required
by the general laws of the Commonwealth.

§ 13.06. The civil and police justice court shall be kept open for the
transaction of business * at such times as the city council shall designate.

§ 14.08. 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 Commonwealth, 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 be 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 Common-
wealth respectively. The incumbents in the five above-mentioned offices
who first served the City of Hampton after its consolidation shall serve
until their respective successors are elected in accordance with this para-
graph, and shall have qualified.

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