CHAPTER 564

An Act to amend and reenact Sec. 144(c) of Chapter 34, as amended, of
the Acts of Assembly of 1918, approved February 7, 1918, which
chapter provided a new charter for the City of Norfolk, and which
section relates to the powers and duties of the Norfolk Port Authority.

(S 166]
Approved April 6, 1954

Be it enacted by the General Assembly of Virginia:

1. That Section 144(c) of Chapter 34, as amended, of the Acts of As-
sembly of 1918, approved February 7, 1918, be amended and reenacted as
ollows:

Section 144(c). Such port authority shall have the following powers:

(a) To adopt and use a corporate seal, and to alter the same at its
pleasure.

(b) To acquire, hold and dispose of such personal property as may be
necessary for its purpose.

(c) To acquire by purchase or lease, on such terms and conditions, and
in such manner as it may deem proper, or by gift, such real property or
such rights, easements or estates therein, as may be necessary for its pur-
poses, and to sell, lease and dispose of the same, or any portion thereof or
interest therein, whenever it shall become expedient to do so.

(d) To acquire, lease, construct or maintain and operate, landings,
wharves, docks and piers, commodity elevators, and the approaches to and
appurtenances thereof, tracks, spurs, crossings, switchings, terminals,
warehouses and terminal facilities of every kind and description necessary
or useful in the transportation and storage of goods, wares and merchan-
dise, to perform any and all services at said facilities in connection with
the receipt, delivery, shipment and transfer in transit, weighing, marking,
tagging, ventilating, fumigating, refrigerating, icing, storing and handling
of goods, wares and merchandise, to prescribe and collect charges from
vessels coming into or using any landings, wharves, docks, piers and com-
modity elevators operated and maintained by said authority and from per-
sons using any of the other facilities of the authority, and to lease any and
all of such facilities or any concessions properly incident thereto to any
person, firm or corporation for the maintenance and operation of any and all
of such facilities on such terms and conditions as it may deem proper.

(e) To acquire, purchase, construct, lease, operate, maintain and
undertake any produce market facility for dealers and farmers engaged
primarily in the marketing of perishable farm produce at wholesale, and
to make charges for the use thereof with such facility being classed as a
public utility within the meaning of this act.
(f) To acquire, purchase, construct, lease, operate, maintain and
undertake any passenger bus or railroad passenger terminal facility and
to make charges for the use thereof.

(zg) To acquire, for the purpose of encouraging major industry and
manufacturing, real property and to construct thereon any structures, in-
cluding all equipment, appurtenances and accessories necessary or appro-
priate for such uses and purposes, and to sell or lease the same, or any part
thereof, for industrial or manufacturing uses and purposes. The authority
granted in this paragraph shall not be exercised in any case where the
aggregate cost of land and structures for any single project is less than
$500,000.00. Nothing imthis Section (g) shall be construed as permitting
any facility primarily designed for the parking or storage of automobiles
as a separate and distinct project.

(h) To maintain and operate any airport and air navigational facilli-
ties now or hereafter owned by the city of Norfolk with the same powers
and authority thereover in the operation and maintenance thereof that said
city may have, subject, however, to the provisions of Section 144(d).

(i) To make capital improvements on any airport and air navigational
facility now or hereafter owned by the city of Norfolk and transferred to
said authority to operate and maintain, with the same power to issue its
bonds therefor as it has for its other purposes, subject to the approval of
the council of the city of Norfolk.

(j) To foster and stimulate the commerce of the Port of Norfolk
and the shipment of freight through such port and to investigate and
handle matters pertaining to all transportation rate structures affecting
the commerce of the port.

(k) To establish, acquire, lease, maintain and operate, within the
corporate limits of the city, a public transportation system, when and as
authorized by the council of the city of Norfolk.

To extend the operation and maintenance of such transportation sys-
tem in territory adjoining the city of Norfolk when and as authorized so
to do by the governing body of the political subdivision in which extended
and as otherwise provided by law.

(1) To establish, acquire, lease, maintain and operate such other public
utilities as may be required of said port authority by the council of the
city of Norfolk and as may be otherwise authorized by law.

(m) To fix and charge tolls, fees and other charges for the use of, or
for services rendered by, any of the facilities it is authorized hereunder to
maintain and operate.

(n) To appoint and employ such officers, agents and employees as
may be necessary to carry out the purposes of said authority, to fix their
compensation and to prescribe their duties.

(0) To do all other acts and things which may be reasonably neces-
sary and convenient to carry out the purposes and powers given herein.

The powers conferred upon the authority by this section except the
powers conferred by clauses (h), (i), (j), and (k) of this section shall be
exercised solely within the corporate limits of the city of Norfolk; pro-
vided further that rents and charges for any and all facilities constructed
and/or operated pursuant to clauses (f) and (g) shall, as near as possible,
be at commercial rates for like facilities or services, and include a sum
equivalent to real estate taxes at current rates on such property.

Whenever in this Act approval of the council of the city of Norfolk is
required to enable the Norfolk Port Authority to exercise any power herein
granted it, such approval shall be only by a formal ordinance.

2. Anemergency exists and this act is in force from its passage.
An Act to provide a new charter for the city of Norton, and to repeal
Chapter 42 of the Acts of Assembly of the extra session of 1936-387,
approved January 15, 1987, which provided a new charter for the
town of Norton.

[S 169]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. 1.1. Incorporation. ,

The inhabitants of the territory embraced within the present limits of
the city of Norton, as hereinafter defined, or as the same hereafter may be
altered or established by law, shall constitute and continue a body politic
and corporate, to be known and designated as the city of Norton, and as
such shall have perpetual succession, may sue and be sued, may contract
and be contracted with, and may have a corporate seal which it may alter,
renew, or amend at its pleasure.

1.2. Form of Government.

The municipal government provided by this charter shall be known as
the “city manager plan.” Pursuant to its provisions and subject only to
the limitations imposed by the Constitution and by this charter, all
powers of the city shall be vested in an elective council, hereinafter re-
ferred to as “the council,” which shall enact local legislation, adopt budgets,
determine policies, and appoint the city manager, who shall execute the
laws and administer the government of the city.

1.3. Boundaries of the City of Norton.

The corporation limits shall remain the same as they now are until
changed as provided by law, provided, however, that the territories
described in this section which were annexed to the town of Norton by an
order of the Circuit Court of Wise County, Virginia, on August 31, 1950,
shall be subject to the terms, conditions and provisions of said Order.

The corporate limits of the city of Norton are described by metes and
bounds as follows: .

The territory, described in an Act of the General Assembly of Vir-
ginia, approved January 15, 1937:

Beginning at a chestnut oak and birch on the north side of Stone
Mountain, which was the southwest corner of the old corporation line;
thence north seventy degrees no minutes west ten hundred sixty-five feet
to two black gums and birch on the second cliff of Stone Mountain; thence
north two degrees thirty minutes east nine hundred seventy-five feet to a
large boulder in the notch of the first cliff of Stone Mountain; thence north
seven degrees five minutes east twelve hundred eighty feet crossing the
Louisville and Nashville Railroad to a stake, or point at the base of a stone
wall, northeastern corner to the W. T. Hopkins property, and on the south-
ern side of the present State highway, just west of the concrete culvert over
Benges branch; thence crossing the State highway, and Interstate Railroad
north seven degrees fourteen minutes east six hundred five feet to a locust
post on top of Back Bone Ridge, and corner to the Meador lands; thence
along the center of the top of Back Bone ridge; with its several meanders
north fifty-eight degrees fifteen minutes east two hundred sixty-six and
eight-tenths feet to a stake in Greasy Gap; thence north eighty-six degrees
east three hundred one and three-tenths feet to a stake; thence north
seventy-four degrees twenty-eight minutes east one hundred twenty-eight
feet to a stake; thence north eighty degrees thirty five minutes east five
hundred eleven feet to a stake; thence north seventeen degrees east four
hundred thirty feet to a stake; thence north seventeen degrees thirty
minutes east two hundred eighty-six and six-tenths feet to a stake;
thence north forty-five degrees forty minutes east two hundred seventy-
four and nine-tenths feet to a stake and corner of the two and one-hun-
dredths acre tract now owned by the Norton Water Company; thence
leaving the top of the ridge, and with the lines of the said water company
south seventy-four degrees west ninety-four feet to a spruce stump at a
ledge of rocks and corner to the Hagen-Snodgrass lands; thence north
nineteen degrees east five hundred eighteen feet to a stake; thence north
eighty-five degrees east one hundred ninety-five feet to a stake; (white oak
stump) on top of said ridge; thence along the top of the same with its
several meanders, north five degrees east seven hundred thirty feet to a
chestnut oak; thence north forty-two degrees ten minutes east one hundred
twenty-eight and two-tenths feet to a set stone on top of the ridge, and
corner to the Princess Flat Tract (now lands of the Fleming Land Corpora-
tion) ; thence still along top of the ridge north forty-nine degrees fifty
minutes east two hundred and nine feet to a water oak; thence north
seventy-five degrees thirty minutes east three hundred fifty-three feet to a
stake; thence north forty-three degrees thirty minutes east two hundred
nineteen and four-tenths feet to a stake; thence north thirty-eight degrees
east two hundred seventy-two. feet to a stake; thence north sixty-seven
degrees east two hundred sixty-eight feet to a stake; thence north seventy-
four degrees no minutes east one hundred fifty feet to a stake; thence
north thirteen degrees no minutes east three hundred thirty-three feet to
a stake; corner to the lands formerly known as the Green B. Jones lands,
and still along the top of the ridge, north seventeen degrees no minutes east
one hundred ninety feet to a stake; thence north thirty-nine degrees no
minutes east one hundred sixty feet to a stake; thence north nine degrees
no minutes east two hundred twenty feet to a black gum, another corner of
the said Jones lands; thence north forty degrees no minutes west two
hundred fifty feet to a stake; thence north three hundred six feet to a white
oak corner; thence north fifty-five degrees no minutes east four hundred
five feet to a stake; thence north eighty-five degrees ninety minutes east
two hundred eight and seven-tenths feet to a stake; thence north fifteen
degrees no minutes east one hundred fifty-three feet to a stake; thence
still continuing with the top of Back Bone ridge north sixty degrees forty-
five minutes east two hundred seventy-five and two-tenths feet to a stake;
thence east one hundred thirty-six feet to a stake in Vernon’s orchard;
thence north forty-five degrees no minutes east one hundred seventy-five
feet to a stake in the orchard; thence north fifty-six degrees no minutes
east one hundred eighty-five feet to a stake in the orchard; thence north
four degrees thirty minutes west one hundred thirty-six feet to a stake in
the orchard; thence north fifty-three degrees thirty minutes east four
hundred twenty-nine feet to a stake, near the road and top of said ridge;
thence north eleven degrees thirty minutes east six hundred eighty feet
to a stake at road; thence north sixty-six degrees fifteen minutes east eight
hundred eight feet to a stake at a maple, black oak and two chestnuts on top
of said ridge; thence north seventy-six degrees fifteen minutes east four
hundred sixty-four feet to a double poplar in a field, and near the top of
the ridge; thence north one degree thirty minutes east two hundred seven
feet to a stake, at a light pole; thence leaving the top of the ridge, and in
the southeastwardly direction and round the side of the spur, and along
the W. T. Province line and Garner Hubbard line; thence south seventy-one
degrees east four hundred sixty feet to a stake on said spur; thence north
eighty-nine degrees east four hundred ten feet to a stake on the ridge;
thence north sixty degrees east two hundred feet to a black gum, corner
to the W. T. Province tract, south eighty-eight degrees east one hundred
twenty-four feet to a small black gum, another corner to the W. T. Province
tract; thence south thirty-two degrees thirty minutes east one hundred
ninety-five feet to a stake on top of a low ridge; thence south six degrees
east three hundred sixty-five feet to a stake on said low ridge; thence south
thirty-eight degrees east four hundred sixty feet to a stake on the side of
the low ridge back of the J. M. Short property; thence south forty-eight
degrees east ten hundred seventy-five feet passing along the center of Riner
alley crossing the Pike road and Guest River to a point in the center line of
Interstate Railroad; thence leaving said railroad south no degrees thirty
minutes west twenty-five hundred fifty feet to a stake on top of the ridge
east of Guest river, five feet northward from an electric light pole, (large
chestnut oak and small black oak marked as reference trees) ; thence cross-
ing the pole line right of way south twelve degrees thirty minutes east
twenty-two hundred sixty feet to a point in the center of Guest river and
corner of the old corporation; thence south twenty-four degrees east, cross-
ing the Norfolk and Western Railroad five hundred eighty feet to a stake
on the division line of the Virginia Coal and Iron Company, thence south
sixty-seven degrees west fifteen hundred twenty-seven and six-tenths feet
along the division line of the Virginia Coal and Iron Company to a point;
thence south thirty-seven degrees fifteen minutes east, fifty hundred
sixty-two and seven-tenths feet passing through the lands of the Virginia
Coal and Iron Company and Mistress L. D. S. M. Frazier and the lands of the
Norton Land and Improvement Company to the “lone rock”; thence south
eighty-nine degrees forty minutes west thirty-nine hundred fifteen feet to
a pitch pine near a cliff of rocks and corner to the lands of the Norton Land
and Improvement Company and Patrick Hagen; thence north fifty-seven
degrees seven minutes west five hundred forty-four and six-tenths feet to
a chestnut oak and birch on the north side of Stone Mountain to the point
of beginning.
Annexation of nineteen hundred and fifty:

The territory described in a certain order entered by the Circuit
Court of Wise County, Virginia, on the 31st day of August, 1950, in the
annexation proceedings of town of Norton against Board of Supervisors
of Wise County, Virginia:

That tract located on the west side of the present corporate limits of
the Town of Norton, beginning at a large boulder in the notch of the first
clift of Stone Mountain a corner of the old corporation line; thence N 42°
17 W 461.08 feet to a two inch iron pipe on a spur chest oak reference;
thence S 89° 05 W 566.71 feet to a two inch iron pipe on the side of a spur
180 feet west of hollow, poplar reference; thence N 68° 32 W 380.04 feet
to a two inch iron pipe on spur maple reference; thence S 59° 46 W 609.73
feet to a two inch iron pipe on the side of a spur 150 feet west of a hollow
large poplar reference; thence S 56° 36 W 502.81 feet to a two inch iron
pipe in a hollow on the west edge of a road below a reservoir; thence S 88°
20 W 417.92 feet to a two inch iron pipe on a spur; thence N 7° 16° W
755.13 feet to a two inch iron pipe on a spur south of the L & N R. R.
Also near a cemetery; thence crossing the L & N Railroad N 1° 27’ BE
273.69 feet to a two inch iron pipe near the west end of Andy Johnson’s
stone wall in the southern line of highway; thence crossing highway and
the Interstate Railroad N 23° 18’ E 689.69 feet to a two inch iron pipe
on the western end of the Backbone Ridge and 30 feet east of the Inter-
state Railroad to Dorchester; thence up the Backbone Ridge S 75° 56’ E
578.15 feet to a two inch iron pipe; thence N 69° 15 E 1007.41 feet to a two
inch iron pipe; thence N 55° 52’ E 586.49 feet to a two inch pipe; thence
S 79° 41 E 662.68 feet to a locust post on top of the Backbone Ridge and
corner to the Meador land and the northwestern corner of the old corpora-
tion line; thence with the old corporation line crossing the Interstate Rail-
road and highway S 6° 37’ W 729.50 feet to a point at the base of a stone
wall in the southern line of highway also the northeastern corner of the
W. T. Hopkins property; thence crossing the L & N S 7° 05’ W 1208.0 feet
to the beginning containing 91.56 acres.

That tract or parcel of land located, lying and being on the eastern
side of the present corporate boundary line, beginning at a two inch iron
pipe on top of the ridge east of Guest River a corner to the old corporation
and seven feet northward from a power pole; thence leaving the old
corporation line and along the north side of the power line N 89° 26 E
152.97 feet to a two inch iron pipe; thence S 84° 25 E 2936.35 feet to a
two inch pipe; thence leaving the power line N 71° 35 E 1038 feet to an
iron pipe in a hollow north of the Hawthorne Road; thenc S. 83 1070 ft.
crossing the Interstate Railroad to a point in the center of Bear Creek
40 feet south of the center line of the said Interstate Railroad and in the
southern line of the right of way of said Interstate Railroad; thence run-
ning parallel and 40.0 feet from the center line of Interstate Railroad
2722.15 feet to a two inch iron pipe 40.0 feet south of the center line of
the Interstate Railroad located east of the underpass where the State
Highway goes under said railroad; thence leaving the Interstate Railroad
S 3° 42 W 322.85 feet to a two inch iron pipe in a bottom north of Guest
River; thence § 51° 27 W 1009.37 feet crossing Guest River and the N & W
Railroad to a two inch iron pipe on a bank south of the N & W Railroad,
thence § 11° 42 E 1117.22 feet to a two inch iron pipe on the East bank
of Clear Creek; thence crossing Clear Creek S 22° 45 E 887.19 feet to a
two inch iron pipe in a hollow; thence S 41° 28 W 275.36 feet to a two
inch iron pipe on a spur 14 inch chestnut oak reference; thence around
the base of the Stone Mountain N 78° 06 W 1741.10 feet to a two inch
iron pipe 15 inch hickory reference; thence S 86° 35 W 527.75 feet to
a two inch iron pipe in a flat 10 inch lynn reference; thence leaving the
base of Stone Mountain N 14° 40 W 772.97 feet crossing the N & W
Railroad to a point in the center of Guest River; thence up the center of
Guest River S 58° 15 W 587.0 feet to a point; thence S 82° 15 W 600.0
feet to a point near the Hawthorne Coal Company store; thence leaving
the center of Guest River and crossing the N & W Railroad S 19° 24 W
676.42 feet to a two inch iron pipe on a hillside 4 inch sourwood refer-
ence; thence around the side of Stone Mountain S 81° 51 W 1613.26 feet
to a two inch iron pipe two hemlock references; thence S 81 47 W 1055.41
feet to a two inch iron pipe on the north side of Stone Mountain an 8 inch
poplar reference, thence S 67 50 W 117.43 feet to a stake, a corner to the
old corporation line, and with same N 24 W 580.0 feet to a stake in the
center of Guest River, thence N 12 46 W 2451.08 feet to the beginning
corner, containing 378.53 acres.

That tract or parcel of land located lying and being on the north-
eastern side of the present corporate boundary line, beginning at a point in
the center of Guest River, said point bears N 48 W 50.0 feet from a point
in the center line of the Interstate Railroad, the corner of the old corpo-
ration line that runs through the center of Riner Alley; thence with the
old corporation line N 48° W 1018.0 feet crossing the highway and
through the center of the Riner Alley to a point back of the S. M. Short
property; thence N 21 W 535.0 feet to a point thence N 6 W 365.0 feet
to a two inch iron pin on the top of a spur; thence leaving the old corpo-
ration line and down the top of said spur S 69 30 E 106.0 feet to a two
inch iron pipe; thence N 44 01 E 198.59 feet to a two inch iron pipe;
thence N 54 37 E 146.25 feet to a two inch iron pipe; thence N 12 06 E
759.12 feet to a two inch iron pipe; thence leaving the top of said spur
N 30 37 E 423.16 feet to a two inch iron pipe in western line of highway
two feet south of the southern corner of the Lawson stone wall; thence
N 73 43 E 185.75 feet to a point in the center of Guest River; thence with
the center of Guest River 4800.0 feet to the beginning, containing 79.26

acres.
ARTICLE 2. POWERS
2.1. General grant of powers.

The city of Norton shall have and may exercise all powers which are
now or may hereafter be conferred upon or delegated to cities under the
Constitution and the 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 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 enumera-
tion 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.

2.2. Financial powers.

In addition to the powers granted by other sections of this charter
the city is empowered;

2.201. To raise annually by levy of taxes and assessments in the
city on all property, real and personal, as is now or may be subject to
taxation by cities by the laws of this Commonwealth, such sums of money
as the council shall deem necessary for the purpose of the city in the
manner as the council shall deem expedient in accordance with the Consti-
tution of this State and of the United States, provided further that the levy
for general city purposes shall not exceed $2.50 on the $100.00 of value of
such property which shall be in addition to levies authorized for school pur-
poses in accordance with §§ 22-126 and 22-128 of the Code of Virginia of
1950

2.202. To impose special or local assessments for local improvements
and to enforce payment thereof, subject to such limitations prescribed
by the Constitution and laws as may be in force at the time of the imposi-
tion of such special or local assessments.

2.203. To require by ordinance the owner of every motor vehicle
kept and every motor vehicle regularly used in the city for business pur-
poses, except passenger buses which have a point of origin and destination
without the city, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license to operate the same
by making application to the city treasurer, or such other person as may
be designated by the council to issue said license, and to require the vehicle
owner to pay an annual license fee therefor to be fixed by the council
provided that the license shall not exceed the amount charged by the
State on the said vehicle.

2.204. To establish, levy, and collect, except when prohibited by
general law, a tax or license on any person, firm, or corporation, including
motor vehicle carriers liable for and which pay the road tax calculated on
gross receipts prescribed by § 58-639.1 of the Code, pursuing or conducting
any trade, business, profession, occupation, employment or calling what-
soever within the boundaries of the city, whether a license be required
therefor by the State or not, and such city license may exceed the State
Hcense, where one is required; and may provide penalties for nonpayment
thereof.

2.205. To establish, levy, and collect taxes for admission to or other
charge for any public amusement, entertainment, performance, exhibition,
lecture, sport or athletic event in the city, which taxes may be added to
and collected with the price of such admission or other charge.

2.206. In connection with its system of sewerage, the town may con-
tinue to use Benges branch, Guest River, and Powell’s River as heretofore
provided that such system of sewerage and the use of such streams shall

be subject to the authority heretofore conferred upon the State Water

control Board concerning sewerage systems and the use of waters of the
ate.

2.207. To establish, levy, and collect a tax on all subjects of taxation
not prohibited to it by, nor exempted in, the Constitution and general laws
of Virginia.

2.208. To establish, levy, and enforce the collection of water and
sewage rates and charges, and rates and charges for public utilities,
products, or conveniences, operated, rented or furnished by the city; and to
assess or cause to be assessed, after reasonable notice to the owner or
owners, water and sewage rates or charges directly against the owner or
owners of the buildings or against the proper tenant or tenants where
sewage directly or indirectly originates, has entered or will enter the
sewage disposal system. In the event such rates and charges, together
with such penalties and interest not to exceed six per centum as the council
may by ordinance prescribe, shall constitute and be a lien against the real
estate and buildings in or on which such service is rendered and may be
filed in the clerk’s office of the Circuit Court of the County of Wise and
collected in the same manner as delinquent taxes are filed and collected; and
in the event such rates and charges shall be assessed against a tenant then
the council may by ordinance, require of such tenant a deposit of such
reasonable amount as it may by such ordinance prescribe before furnishing
such service to such tenant.

2.209. To charge and to collect fees for permits to use public facilities
and for public services and privileges. The said city shall have the power
and right to charge a different rate for any service rendered or convenience
furnished to citizens without the corporate limits from the rates charged
for similar service to citizens within the corporate limits.

| 2.210. To accept or refuse gifts, donations, bequests, or grants from
any source for any purpose related to the powers and duties of the city
government.

2.211. To provide, or aid in the support of, public libraries, public
schools, public hospitals, and recreational facilities.

2.212. To provide for the control and management of the fiscal affairs
of the city, and prescribe and require the adoption and keeping of such
books, records, accounts and systems of accounting as may be necessary to
give full and true accounts of the affairs, resources, and revenues of the
city and the handling, use and disposal thereof.

2.213. To provide each fiscal year for the assessment and valuation
of all property, real and personal, within the corporate limits of the city,
for the purpose of local taxation. The authority hereby vested is not to
conflict with any State control of local assessments or valuation, but is to
be exercised generally for all other purposes of local taxation and revenue.

2.214. To borrow money, contract debts, and make and issue, or cause
to be made and issued, as evidence thereof, bonds, notes, or other obliga-
tions, within the limitations prescribed by the Constitution, and in ac-
cordance with the provisions of the law concerning bond issues by cities,
upon the credit of the city, or solely upon the credit of income derived
from property used in connection with any public utility owned or operated
by the city. Except, that any bonded indebtedness shall be by referendum
and passed by a majority of the qualified voters, voting thereon.

2.215. To expend the money of the city for all lawful purposes.

2.3. Powers relating to public works, utilities, and properties.

2.301. To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate therein within the city for any
of the purposes of the city; and to hold, improve, sell, lease, mortgage,
pledge, or otherwise, dispose of the same or any part thereof, including any
property now owned by the city.

2.302. To own, operate and maintain waterworks and to acquire in
any lawful manner in any county of the State, such water, lands, prop-
erty rights, riparian rights as the council may deem necessary for the pur-
pose of providing an adequate water supply to the city and of piping and
conducting the same; to lay, erect and maintain all necessary mains and
service lines, either within or without the corporate limits of the city and
to charge and collect water rents thereof; to erect and maintain all neces-
sary dams, pumping stations, and other works in connection therewith; to
make reasonable rules and regulations for promoting the purity of its
water supply and for protecting the same from pollution; and for this
purpose to exercise full police powers and sanitary control over all land
comprised within the limits of the watershed tributary to any such water
supply wherever such lands may be located in this State and to enforce
adequate penalties for the violation for any such rules and regulations; and
to prevent by injunction any pollution or threatened pollution of such water
supply and any and all acts likely to impair the purity thereof; and to
carry out the powers herein granted, the city may exercise within the
State all powers of eminent domain provided by the laws of this State.

2.303. To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
sewage disposal plants, jails, comfort stations, markets, and all buildings
and structures necessary or appropriate for the use and proper operation
of the various departments of the city; and to acquire by condemnation or
otherwise, all lands, riparian and other rights, and easements necessary for
such improvements, or any of them; either within or without the city and to
construct, maintain or aid therein, roads and bridges to any property
owned by the city and situated beyond the corporate limits thereof, and to
acquire the land necessary for the aforesaid by condemnation or otherwise.

2.304. To survey, establish, enter, open, widen, extend, grade, con-
struct, pave, maintain, light, sprinkle, and clean public streets, highways,
alleys, sidewalks, parkways or parks and to relocate, alter or close the
same; to authorize the sale and conveyance in the name of the city of
Norton of any highway, street, alleyway or portion thereof no longer
necessary for public use because of an alteration or relocation of such
street, highway or alley; to regulate the weight of loads to be hauled or
carried over and upon the streets insofar as such regulation of weights of
loads does not conflict with general State laws relating to load limits to be
carried or transported over State highways; to regulate the use of all such
highways, parks, streets, alleys, parkways, and public places; to prevent
the obstruction, destruction or injury to any of such streets, alleys or high-
ways in conformity with the general State laws in effect from time to time;
to require any railroad company operating a railroad at the place where
any highway or street is crossed within the limits of the city to construct
and maintain adequate crossings and to erect and maintain at such crossing
any style of gate or warning signal deemed proper, in conformity with and
subject to the general State laws in effect from time to time, to regulate the
operation and speed of all cars, motorcycles, bicycles or vehicles upon said
streets or highways as well as the speed of all engines, cars, or railroad trains
within the city; to permit or prohibit towers, poles or wires for electric,
telephone, telegraph, radio, or televsion purposes to be erected or wires or
gas or water lines to be laid in the streets or alleys, and to prescribe and
collect an annual charge for such privileges hereafter granted; to require
the owner or lessee of any electric light, telephone, telegraph, radio or
television towers, poles, or wires, or the owner or lessee of gas, sewer or
water mains or lines, now in use or hereafter erected or constructed to
change the location or remove the same; to construct, maintain, and operate
bridges, viaducts, subways, tunnels, sewers, and drains; to plant, main-
tain or remove shade trees along the streets and upon public grounds; and
to do all other things whatsoever to make said streets and highways safe,
convenient, and attractive.

2.305. To establish, maintain and regulate the use of parks, golf
courses, playgrounds, and public grounds and to keep them lighted and in
good order; to construct in such parks, playgrounds and public grounds, as
the city may maintain, or upon any city property, stadia, swimming pools,
gymnasia, and recreation or amusement buildings, structures, or enclosures
of every character, refreshment stands, restaurants, et cetera; to charge
admission for use of the same, and to rent out or lease the privileges of
constructing or using such stadia, swimming pools, recreation or amuse-
ment buildings, structures, or enclosures of every character, refreshment
stands or restaurants, et cetera.

2.306. To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith; to establish, construct, maintain and operate sewage disposal
plants; to acquire by condemnation or otherwise, within or without the
city, all lands, rights of way, riparian and other rights, and easements
necessary for the purposes aforesaid; and to charge, assess, and collect
reasonable fees, rentals, assessments or costs of service for connection with
and using the same.

2.307. To grant franchises for public utilities subject to the pro-
visions of the Constitution and general laws of Virginia and this charter;
provided, however, the city shall at any time have the power to contract
for, own, operate, manage, sell, encumber or otherwise dispose of either
within or without the city any and all public utilities for the city and to
sell the services thereof, existing franchise to the contrary notwith-
standing.

2.308. To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the city and to supply
electricity, and gas whether the same be generated or franchised by said
city, to its customers and consumers both without and within the corporate
limits of the said city, at such price and upon such terms as it may pre-
scribe, and to that end it may contract and purchase electricity and gas
from the owners thereof upon such terms as it may deem expedient.

2.309. To establish, maintain and operate a landing field or airport
within or without the city and for such purpose to acquire real estate by
gift, lease, purchase or condemnation; to lease such landing field or airport
to others to be used for any lawful purposes; to erect and maintain build-
ings and appurtenances necessary for the use of such landing field or
airport and to prescribe and enforce rules and regulations not in conflict
with the laws, rules and regulations prescribed by the State of Virginia
and the federal government, for the use and protection of such landing
field or airport.

2.310. To give names to or alter the names of streets, and to establish
and maintain a system of house numbering.

2.311. To acquire by purchase, gift, or devise for the purpose of encour-
aging commerce, industry, and manufacture, lands within or without the
city not exceeding at any time one hundred acres in the aggregate and from
time to time to sell or lease the same or any part thereof for industrial or
commerical uses and purposes.

2.312. To acquire, construct, own, maintain and operate, within and
without the city, places for parking or storage of vehicles by the public,
which shall include but shall not be limited to parking lots, garages, build-
ings, and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city government or by
a board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such
places or any portion thereof, pursuant to lease or agreement, upon such
terms and conditions as the council may determine by ordinance; and
charge or authorize the charging of compensation for the parking or
storage of vehicles or other services at or in such places.

2.318. To accept, by ordinance, or to refuse the dedication of streets,
alleys, easements for other public use or purpose unless the title to the
same be acquired in fee simple in accordance with any subdivision regula-
tions adopted under the provisions of Article 7.

2.314. To exercise the power of eminent domain within this State with
respect to lands and improvements thereon, for any lawful purpose of

e city.

Provided, however, that the provisions of § 25-233 of the Code of
Virginia 1950, shall apply as to any property owned by a corporation
possessing the power of eminent domain that may be sought to be taken
by condemnation under provisions of this act.

2.4. Power to make regulations for the preservation of the safety,
health, peace, good order, comfort, convenience, morals, and welfare of
the city and its inhabitants.

In addition to the powers granted by other sections of this charter, the
city shall have power to pass and enforce by-laws, rules, regulations, and
ordinances, not in conflict with this charter or prohibited by the general
laws of the Commonwealth for the preservation of the safety, health,
peace, good order, comfort, convenience, morals, and welfare of its inhabi-
tants, and among such powers, but not in limitation thereof, the city
is empowered:

2.401. To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials; to contract for or regulate the
collection and disposal thereof.

2.402. To inspect, test, measure and weigh any commodity or com-
modities, or articles of consumption for use within the city; and to estab-
lish, regulate, license and inspect weights, meters, measures and scales.

03. To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of the same, or any of them, within the city.

2.404. To compel the abatement and removal 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, and to collect said ex-
pense by suit or motion or by distress and sale; to require all lands, lots and
other premises within the city, to be kept clean and sanitary and free from
stagnant water, weeds, filth and unsightly deposits, or to make them so
at the expense of the owners or occupants thereof; and to collect said
expenses by suit or motion or by distress and sale; to pass and enforce any
ordinance that may be necessary to the public safety for the control of
dogs; to regulate, or prevent slaughter houses or other noisome or offensive
business within the city, the keeping of hogs, or other animals, poultry or
other fowl therein, or the exercise of any dangerous or unwholesome busi-
ness, trade or employment therein; to regulate the transportation of all
articles through the streets of the city; to compel the abatement of smoke,
dust, vapor, odor, stench, industrial waste, residue, refuse or radioactive
substance; and prevent radio interference and unnecessary noise; to regu-
late the location of stables and the manner in which they shall be kept
and constructed ; to regulate the location, construction, operation and
maintenance of billboards, signs, advertising, and generally to define, pro-
hibit, abate, Suppress and prevent all things detrimental to the health,
morals, aesthetic sensibilities, safety, convenience and welfare of the in-
habitants of the city; and to require all owners or occupants of property
having sidewalks in front thereof to keep the same clean and sanitary, and
free from all weeds, filth, unsightly deposits, ice and snow.

2.405. To extinguish and prevent fires, and to establish, regulate and
control a fire department or division; to regulate the size, height, ma-
terials and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety
and conveniences may require; to remove or require to be removed or
reconstructed any building, structure or addition thereto which by reason
of dilapidation, defect of structure or other causes may have become
dangerous to life or property, or which may be erected contrary to law;
to establish and designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, added to, enlarged or
repaired and to direct that any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick, iron or
other fireproof materials; and may enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used for
public assemblies, entertainment or amusements.

2.406. To direct the location of all buildings for storing explosives or
combustible substances; to regulate the sale and use of gun powder, nitro-
glycerine, liquid petroleum, kerosene oil or other like materials, to regulate
the discharge of firearms, and the making of bonfires in the streets and
yards; to prohibit the sale and use of fireworks.

2.407. To provide for regular and safe construction of houses in the
city for the future; and to provide building, plumbing and electrical codes
for the city, and setback lines on the streets and alleys.

2.408. To provide for the preservation of the general health of the
inhabitants of the city, make regulations to secure the same, inspect all
foodstuffs, and prevent the introduction and sale in the city of any article
or thing intended for human consumption, which is adulterated, impure or
otherwise dangerous to health, and to condemn, seize and destroy or other-
wise dispose of any such article or thing without liability to the owner
thereof; to prevent the introduction of spread of contagious or infectious
diseases, and prevent and suppress disease generally; to provide and regu-
late hospitals within the city limits, and if necessary to the suppression of
disease, to enforce the removal of persons afflicted with contagious or in-
fectious diseases to hospitals provided for them; to construct and maintain
or to aid in the construction and maintenance of a hospital or hospitals for
the use of the people of the city.

2.409. To provide and maintain either within or without the city,
charitable, recreative, curative, corrective, detentive, or penal institutions.

2.410. To prevent fowls and animals being kept in or running at large
in the city, or any thickly populated portion thereof, and to subject the
same to such taxes, regulations and penalties as the council may think

roper.
P 2.411. To prevent the riding or driving of horses or other animals
at an improper speed, to prevent the flying of kites, throwing of stones,
or engaging in any sort of employment in the public streets which is
dangerous or annoying to property owners or passersby, and to prohibit
and punish the abuse of animals.

2.412. To control, regulate, limit and restrict in so far as not pro-
hibited by general law, the operation of motor vehicles carrying passengers
for hire upon the streets or alleys of the city; to regulate the use of auto-
mobiles and other automotive vehicles upon the streets; to regulate the
routes in and through the cities to be used by motor vehicle carriers oper-
ating in and through the city and to prescribe different routes for differ-
ent carriers; to prohibit the use of certain streets by motor trucks; and
generally to prescribe such regulations respecting motor traffic therein
as may be necessary for the general welfare.

2.413. To exercise full police powers and establish and maintain a
department or division of police.

2.414. To restrain and punish drunkards, vagrants, and street beg-
gars, to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and punish
lewd, indecent and disorderly exhibitions in the city; to expel therefrom
persons guilty of such conduct who have not resided therein as much as
one year.

2.415. To prohibit and punish for mischievous, wanton or malicious
damage to school and public property, as well as private property.

2.416. To offer and pay rewards for the apprehension and conviction
of criminals.

2.417. To prohibit begging, soliciting, or the peddling or hawking of
any article for sale on the streets of the city.

2.418. To punish for contempt of court, releasing or attempting to re-
lease a prisoner, or interfering in any manner with an officer in the exer-
cise of his official duties.

2.419. To make and enforce ordinances to regulate, control, license
and tax the manufacture, bottling, sale, distribution, handling, adver-
tising, possession, dispensing, drinking and use of alcohol, and all liquids,
beverages and articles containing alcohol obtained by distillation, fermen-
tation or otherwise; provided, however, that no such ordinance shall be in
conflict with any of the provisions of the Alcoholic Beverage Control Act
or the general laws of this Commonwealth with respect to such alcoholic
beverages, liquids and articles.

2.420. To provide for the protection of the city’s property, real and
personal, the prevention of the pollution of the city’s water supply, and
the regulation of the use of parks, playgrounds, playfields, recreational
facilities, cemeteries, airports and other public property, whether located
within or without the city. For the purpose of enforcing such obligations
all city property wherever located shall be under the police jurisdiction of
the city. Any member of the police force of the city or employees thereof
appointed as a special policeman shall have power to make arrests for viola-
tions of any ordinance, rule or regulation adopted pursuant to this section
and the police justice shall have jurisdiction in all cases arising thereunder
within the city and the trial justice court of the county wherein the offense
occurs shall have jurisdiction of all cases arising thereunder without the
city; provided that the police justice of the city shall have concurrent
jurisdiction as to offenses occurring within one mile of the corporate limits
of the city.

2.421. To prescribe the location in, under or over, and grant permits
for the use of, streets, alleys, and other public places for the maintenance
and operation of tracks, poles, wires, cables, pipes, conduits, bridges, sub-
ways, vaults, sewers, areas and cellars; to require tracks, poles, wires,
cables, pipes, conduits, and bridges to be altered, removed or relocated
whether permanently or temporarily; charge and collect compensation for
the privileges so granted and prohibit such use of the streets, alleys and
other public places of the city without the consent of the council.

2.422. To prevent any obstruction of or encroachment over, under
or in any street, alley, sidewalk or other public place; provide penalties
for maintaining any such obstruction or encroachment, remove the same
and charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroaching, and collect the sum charged
in any manner provided by law for the collection of taxes; to require the
owner or owners of the occupant or occupants of the property so obstruct-
ing or encroaching, to remove the same; authorize encroachments upon
streets, alleys, sidewalks or other public places, subject to such terms and
conditions as the council may prescribe, and recover possession of any
street, alley, sidewalk or other public place or any other property of the
city by suit or action.

2.423. To regulate, in the interest of public health, the production,
preparation, distribution, and sale of milk, other beverages and foods for
human consumption, and the places in which they are produced, prepared,
distributed, sold, served or stored; regulate the construction, installation,
maintenance and condition of all water and sewer pipes, connections, toilets,
water closets and plumbing fixtures of all kinds; regulate the construction
and use of septic tanks and dry closets, and the santitation of swimming
pools; compel the use of sewers, the connection of abutting premises
therewith, and the installation in such premises of suitable sanitary facili-
ties; regulate or prohibit connections to and use of sewers; to prevent the
connecting of roof drains and storm sewers to the sanitary sewer system;
to regulate or prohibit the use of garbage disposal units connected to the
sanitary sewer system; and make and enforce all regulations necessary to
preserve and promote public health and sanitation and protect the inhabi-
tants of the city from contagious, infectious or other diseases.

2.424. To regulate the light, ventilation, sanitation and use and occu-
pancy of buildings heretofore or hereafter constructed, altered, remodeled
or improved, and the sanitation of the premises surrounding the same.

2.425. To enjoin and restrain the violation of any city ordinance or or-
dinances, although a penalty is provided for conviction of such violation.

2.426. To prescribe penalties for the violation of any city ordinance,
rule, or regulation, not exceeding five hundred dollars or twelve months’
imprisonment in jail, or both, but not exceeding any penalty established by
the Commonwealth for a similar offense.

2.427. To make and adopt a comprehensive plan for the city, and to
that end all plats and replats hereafter made subdividing any land within
the city or within two miles thereof, into streets, alleys, roads, and lots or
tracts shall be submitted to and approved by the council or such official or
board as the council designates in any regulations controlling the orderly
subdivision of land it may adopt before such plats or replats are filed for
record or recorded in the office of the clerk of the city of Norton, Virginia,
or the office of the clerk of the county of Wise.

2.428. To do all things whatsoever necessary or expedient and lawful
to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or in-
dustries of the city, or its inhabitants.

ARTICLE 8. ADMINISTRATION AND GOVERNMENT

3.1. The administration and government of the city of Norton shall be
vested in the common council and in such other officers and boards as are
hereinafter provided for or may be appointed by the common council or
prescribed by State laws for cities of this class. There shall be one ward,
until such time as others may be established in the manner prescribed by
law

"3.2. All contracts and obligations of the city of Norton heretofore
made by the council and government while in office, not inconsistent with
this charter and the general laws and Constitution of this State, shall be
and are hereby declared to be valid and legal obligations of the city of
orton.

3.3. The council of the city of Norton shall consist of a body of five
members elected at large, all of whom shall be residents of the city of
Norton and the State of Virginia for one year and are qualified to vote in
the city of Norton.
roll 3.4. The council shall be elected in the manner prescribed by law, as

ollows:

The mayor and councilmen in office at the effective date of this act
shall continue in office until the expiration of the term for which they were
elected. At the regular municipal election to be held on the second Tuesday
in June, 1954, and each four years thereafter, three councilmen shall be
elected, each for a term of four years beginning on the first day of Septem-
ber, next following their election. At the regular municipal election to be
held on the second Tuesday in June, 1956, and every four years thereafter,
two councilmen shall be elected, each for a term of four years beginning on
the first day of September, next following their election. Each councilman
elected as hereinabove provided shall serve for the term stated or until
his successors shall have been elected and qualified. The council shall be a
continuing body, and no measure pending before such body shall abate or be
discontinued by reason of expiration of the term of office or removal of any
of its members. Provided, however, in the event membership of the coun-
cil shall for any reason, be reduced to two or less members, the clerk of
the council shall cause notice of such fact to be directed to the judge of
the Circuit Court of Wise County, Virginia, who would, thereupon, order
a special election to be held within 30 days, and all vacancies shall be filled
for the unexpired term thereof at such election.

3.5. All other vacancies shall be filled within thirty days, for the un-
expired term, by majority vote of the remaining members of the council.

3.51. Any member of the council who shall have been convicted of a
felony while in office shall thereby forfeit his office.

3.6. All powers of the city and the determination of all matters of
policy shall be vested in the council. Except as otherwise provided in this
charter, the council is empowered to:

3.601. Appoint and remove the city manager, the clerk of the council,
the city attorney, issuing justices, coroner and officers of the volunteer
fire department.

3.602. Adopt the budget of the city.

3.603. Inquire into the conduct of any office, department or agency
of the city, make investigations as to municipal affairs and shall have the
power to subpoena witnesses and require the production of records.

3.604. Appoint the members of the Norton School Board and fill any
vacancies thereon.

3.605. Create a housing authority.

3.606. Adopt and modify the official map of the city.

3.607. Enact and adopt all laws and ordinances relating to its munici-
pal affairs, subject to the Constitution and general laws of the Common-
wealth and of this charter and may from time to time amend, reamend or
repeal any or all of its ordinances for the proper regulation, management
and government of the city and impose fines and penalties for the violation
or nonobservance thereof.

3.608. To compel the attendance of its members, and to punish its
members for disorderly behavior and by vote of two-thirds of the whole
council, expel a member for good cause.

3.609. To be the judge of the election and qualifications and returns
of its members and for such purpose shall have the power to subpoena
witnesses and require the production of records.
_ 3.610. To require and secure such bonds for any of the city employees
as it may deem necessary. |

3.611. To keep a journal of its proceedings, which journal shall be
open to public inspection.

3.612. To fix the salaries and wages of all officers and employees of
the city as herein specifically provided.

3.7. On the first day of September, 1954, and on the first day of Sep-
tember every second year thereafter, or if such a day fall on Sunday, then
on the following Monday, the council shall choose by a majority vote of
all its members thereof one of their number to be mayor and one to be
vice-mayor for the ensuing two years. The mayor shall preside over the
meetings of the council, have the same right to speak therein as other mem-
bers and shall have a vote but no veto. He shall be recognized as the head of
the city government and for all ceremonial purposes, the purpose of mili-
tary law, and the service of civil process. The vice-mayor shall in the ab-
sence or disability of the mayor perform the duties of mayor, and in case
of a vacancy in the office, shall become mayor for the unexpired term. In
the absence or disability of both the mayor and vice-mayor, the council
shall, by majority vote of those present, choose one of their number to per-
form the duties of mayor.

8.8. The salaries of the mayor and councilmen shall be fixed by a
commission to be appointed by the judge of the Circuit Court of Wise

unty.

3.9. The council is empowered, subject to the provisions of the char-
ter, 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 not
be less frequently than twice each month. They shall also provide for the
calling of special meetings by the mayor or by any three 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 meetings except by the unanimous consent of
all the members of the council. The meetings of the council shall be open
to the public, except when the public welfare, in the opinion of three-
fourths of the council, require secrecy. A majority of the council shall
constitute a quorum for the transaction of business.

3.901. Except in dealing with questions of parliamentary procedure,
the council shall act only by ordinance or resolution, and all ordinances,
except ordinances making appropriations, or authorizing the contracting of
indebtedness or issuance of bonds or other evidence of debt, shall be con-
fined to one subject, which shall be clearly expressed in the title. Ordi-
nances making appropriations or other obligations and appropriating the
money to be raised thereby shall be confined to those subjects respectively.

3.902. The enacting clause of all ordinances passed by the council
shall be: “Be it ordained by the council of the city of Norton.” No ordi-
nance, unless it be an emergency measure, shall be passed until it has
been read at two meetings not less than seven days apart, one of which
shall be a regular meeting and the other of which may be either an ad-
journed or called meeting, provided the requirement of a second reading
may, by the affirmative vote of three members of the council, be confined
to the reading of the title only. No ordinance or section thereof shall be
revised or amended by its title or section only, but the new ordinance shall
contain the entire ordinance, or section as revised or amended. The ayes
and nays shall be taken upon the passage of all ordinances or resolutions
and entered upon the journal of the proceedings of the council and every
ordinance or resolution shall require, on final passage, the affirmative vote
of at least three of its members.
8.903. All ordinances and resolutions passed by the council shall be
in effect from and after thirty days from the date of their passage, except
that the council may, by the affirmative vote of two-thirds of its members
present, pasS emergency measures to take effect at the time indicated
therein. Ordinances appropriating money for any emergency may be
passed as emergency measures, but no measure providing for the sale or
lease of city property, or making a grant, renewal, or extension of a fran-
chise or other special privilege or regulating the rate to be charged for its
services by any public utility, shall be so passed as an emergency measure.

3.904. Every ordinance or resolution upon its final passage shall be
recorded in a book kept for the purpose, and shall be authenticated by the
signature of the presiding officer and the clerk of the council.

3.905. Every member, when present, when a question is put, shall vote
unless excused by the council. But no member who has any personal of
financial interest in the result of any ordinance or resolution before the
council shall vote thereon.

3.906. At the first meeting in September following each councilmanic
election, or as soon thereafter as practicable the council shall appoint:

3.907. A city manager who shall be the administrative and executive
head of the municipal government. He shall be chosen by the council with-
out regard to political beliefs and solely upon the basis of his executive
and administrative qualifications. At the time of his appointment he need not
be a resident of the city or the Commonwealth but during his tenure of
office shall reside within the city. He shall be appointed and hold office
during the pleasure of the council. He shall receive such compensations
as shall be provided by the council by ordinance or resolution. He may be
bonded as the council may deem necessary. During the disability of the
city manager or in case of a vacancy, the council may designate some
qualified person to perform the duties of the office during such disability or
vacancy. No councilman shall receive such appointment during the term
for which he shall have been elected, nor within one year after the expira-
tion of his term. Neither the council nor any of the members shall direct
or request the appointment as hereinafter provided, of any person to of-
fice by the city manager or by any of his subordinates. Except for the
purpose of inquiry, the council and its members shall deal with the ad-
ministrative 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. The city manager shall have the
authority and it shall be his duty:

3.908. To see that all laws, ordinances, resolutions, and by-laws of
the council are faithfully enforced.

3.909. To appoint such officers and employees, as the council shall
determine and authorize as are necessary for the proper administration of
the affairs of the city with the power to discipline and remove any such
officer or employee, but he shall report each appointment of any officer
having supervisory or administrative authority to the council. The chief
of police so appointed by the city manager shall have the power to discipline
his subordinate for just cause.

3.910. To attend all meetings of the council, with the right to take
part in the discussion, but having no vote.

3.911. To recommend to the council for adoption such measures as
he may deem necessary or expedient.

3.912. To make reports to the council from time to time upon the
affairs of the city and to keep the council fully advised of the city’s
financial condition and its future financial needs.

3.913. To prepare and submit to the council a tentative budget for the
next fiscal year as provided by the general law and by this charter.
3.914. To make all contracts on behalf of the city pursuant to a resolu-
tion or an ordinance of the council and to act as city purchasing agent.

3.915. To supervise and control all encumbrances, expenditures and
disbursements and to insure that budget appropriations are not exceeded.

3.916. To protect the interests of the city by causing to be withheld
the payment of any claim or demand by any person, firm, or corporation
against the city until any indebtedness or other liability due from such
person, firm or corporation shall have first been settled and adjusted.

3.917. To exercise supervision and control over all departments and
divisions created therein, or that may hereinafter created by the council
and have general supervision over all public improvements, works and
undertakings, except as otherwise provided in this charter. To perform
such other duties as may be prescribed or requested by council.

3.918. The council shall also appoint a clerk of the council, for an
indefinite term. The clerk so appointed shall receive such compensation as
shall be provided by the council by ordinances or resolution. The clerk
shall have the following duties:

3.919. To be the custodian of the corporate seal.

3.920. To give notice of council meetings.

3.921. To keep a journal of council proceedings.

3.922. To authenticate by signature and record in full in a book kept
for that purpose all ordinances and resolutions.

3.923. The council shall also appoint a city attorney for an indefinite
term, who shall be an attorney at law to practice under the laws of the
Commonwealth. He shall receive such compensation and fees as shall be
provided by the council by ordinance or resolution. He shall have the fol-
lowing powers and duties:

3.924. He shall have the management, charge and entire control of
all the law business of the city and shall be the 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 and shall upon request furnish a written opinion on any question
of law involving their respective official powers and duties.

3.925. To prepare, at the request of the city manager or any member
of council, ordinances for introduction and, at the request of the council
or any member thereof, shall examine any ordinance after introduction
and render his opinion as to the form and legality thereof.

3.926. To draw or approve all bonds, deeds, leases, contracts or other
instruments to which the city is a party or in which it has an interest.

3.927. To represent the city as counsel in any civil case in which it is
interested and in any criminal case when so requested by the city council,
arising under and by virtue of the ordinances of the city.

3.928. The city council at its first meeting in September 1954 and
every two years thereafter, shall appoint a police court justice, and one or
more issuing justices. The police justice may serve as one of the issuing
justices.

3.929. The city council shall appoint at its first meeting in September
1954 fire department officers as provided in § 27-13 Code of 1950.

3.9380. There shall be elected by the qualified voters of said city on
Tuesday after the first Monday in November, nineteen hundred and fifty-
seven and every four years thereafter, the following officers: a city treas-
urer, a commissioner of the revenue and a city sergeant for said city who
shall hold their offices for four years from the first day of January next
succeeding their election, and until their successors are duly elected and
qualified unless sooner removed from office. All of said elections shall be
conducted under the general laws of the Commonwealth of Virginia and
when two or more persons are running for the same office the one re-
ceiving the highest number of votes shall be declared elected. The council
may at its discretion combine in one person an elective and an appointive
office, where the duties of such office do not conflict.

3.931. The councilmen and all elective officers before entering upon
the duties of their respective offices shall be sworn according to the laws
of the Commonwealth of Virginia by any one authorized to administer
oaths under the laws of this State. If any person elected or appointed to
any office in said city shall neglect to take the oath of office required of
him on or before the day on which he is to take office as provided by law or
neglect to give bond as required of him, he shall be considered as having
declined such office and the same may be declared vacant and the vacancy
shall be filled as provided in this charter.

ARTICLE 4. FINANCIAL ADMINISTRATION

4.1. There shall be a department of finance which shall include the
functions of accounting and control, budgeting, purchasing, the collection
of taxes, special assessments and other revenues, and such other functions
as may be provided by ordinance or by orders of the director of finance
consistent therewith.

4.2. Director of Finance—Appointment. The head of the department
of finance shall be known as the director of finance, who shall be, or be ap-
pointed by, the city manager. In making such appointment, the city man-
ager shall give consideration to the applicant’s qualifications in municipal
finance and financial control.

4.3. Director of Finance—Powers and Duties. The director of finance
shall have general management and control of the functions of the depart-
ment. He shall appoint and remove all officers and employees of the depart-
ment, excepting Constitutional officers, and shall have power to make
rules and regulations consistent with this charter and the ordinances of
the city for the conduct of its business. He shall have charge, subject to
the direction and control of the city manager, of the administration of the
financial affairs of the city, except those of the school board, unless
specified in this charter, and to that end shall have authority and be re-
quired to:

4.131. Compile the departmental estimates and other data necessary
or useful to the city manager in the preparation of the current expense
and capital budgets.

4.182. Supervise and control all encumbrances, expenditures and dis-
bursements to insure that budget appropriations are not exceeded.

4.133. Maintain a general accounting system for the city government
and each of its departments, boards, commissions, offices and agencies, in
conformity with the best recognized practices in governmental accounting;
and encumber each item of appropriation and the allotments thereof with
the amount of each purchase order, payroll or contract which he has
approved.

4.134. Prescribe the form of receipts, vouchers, bills or claims to be
used, and of accounts to be kept by all departments, boards, commissions,
offices and agencies of the city, provided that in so doing he shall consult
with any officer appointed by the council for the purpose.

4.135. Require daily, or at such other intervals as he may deem
expedient, a report of receipts from each of such departments, boards,
commissions, offices and agencies, and prescribe the times at and manner in
which moneys received by them shall be paid to the office of the director
of finance or deposited in a city bank account under the control of the
director of finance.

4.186. Examine all contracts, purchase orders and other documents,
except bonds, notes which create financial obligations against the city and
approve the same only upon ascertaining that money has been appropriated
and allotted therefor.

4.137. Audit before payment, for legality and correctness, all ac-
counts, claims and demands against the city, and no money shall be drawn
from any bank account of the city except by warrant or check, signed by
the director of finance, based upon a voucher duly approved by him as
above provided. As to vouchers against the account of the school board,
the director of finance shall countersign same as presented and audited
by the clerk of said school board. “onw

4.138. Supervise and be responsible for provision of tax maps, pref-
erty descriptions and such other information as may be necessary 23r
convenient for the scientific assessment of property for taxation within

e city.

4.139. Have custody of all investments and invested funds of the city
or in its possession in a fidiciary capacity, unless otherwise provided by
this charter or by law, ordinance or the terms of any trust, and the safe-
keeping of all bonds and notes of the city and the receipt and delivery of
city bonds and notes for transfer, registration and exchange.

4.140. Submit to the city manager for presentation to the council not
later than the tenth day of each month, a statement concerning the financial
transactions of the city and each utility respectively, prepared in accord-
ance with accepted principles of municipal accounting and budgetary pro-
cedure, and showing: (1) the amount of each appropriation with transfers
to and from the same, the allotments thereof to the end of the preceding
month, the encumbrances and expenditures charged against such appro-
priation and the allotments thereof during the preceding month, the total
of such charges for the fiscal year to the end of the preceding month, and
the unencumbered balance remaining in such appropriation and the allot-
ments thereof; (2) the revenue estimated to be received from each source,
the actual receipts from each source for the preceding month, the total
receipts from each source for the fiscal year to the end of the preceding
month, and the balance remaining to be collected.

4.141. Furnish to the head of each department, court, board, com-
mission, office and agency of the city a copy of that portion of the state-
ment relating to such department, court, board, commission, office or
agency.

4.142. Prepare and submit to the city manager at the end of each
fiscal year, for the preceding year, a complete financial statement and re-
port of the financial transactions of the city.

4.143. Protect the interests of the city by withholding the payment of
any claim or demand by any person, firm or corporation against the city
until any indebtedness or other liability due from such person, firm or
corporation shall first have been settled and adjusted.

4.144, Collect and receive all monies due the city for taxes, whether
current or delinquent, assessments or fees of or charges of every kind
including charges for the use of water, sanitary sewers.

4.145. Employ any procedure that is now or may be prescribed by
law for the collection of local taxes.

4.146. Have custody of all funds belonging to the city and the school
board and deposit all funds coming into his hands to the account of the
city or the school board, as the case may be, in such banks as may be
designated for the purpose by the council and school board, respectively,
subject to the laws of the Commonwealth applicable to the city and school
board relative to the deposit of public funds.

4.147. Perform such other duties, and receive such compensation as
the council may from time to time prescribe by ordinance.
4.148. The clerk of the council may be appointed the director of
finance.

4.149. There shall be a lien, which shall have precedent over any
other lien or encumbrance thereon, on real estate and on each and every
interest therein, for the city taxes assessed thereon, from the commence-
ment of the year for which they are assessed, including penalties and
interest on such taxes, which may be enforced by the director of finance
on behalf of the city in any manner provided by law. All goods and chattels
wheresoever found may be distrained and sold for taxes, interest and
-yenalties assessed and due thereon and for taxes, interest and penalties
@ssessed against the owner thereof, and no deed of trust or mortgage
upon goods or chattels shall prevent the same from being distrained and
sold for taxes or levies assessed against the grantor in such deed while
such goods and chattels remain in the grantor’s possession; nor shall any
such deed prevent the goods and chattels conveyed from being distrained
and sold for taxes or levies assessed thereon, no matter in whose possession
they may be found. The director of finance shall have power to enforce
the provisions of this cnarter and the ordinances of the city with regard
to licenses and license taxes, to check any or all of records of the com-
missioner of revenue and to examine and audit the books of all persons,
firms or corporations whom he has reasonable cause to believe to be liable
to pay a license.

4.150. Liens.

A lien shall exist on all real estate and personal property within the
corporate limits for taxes, levies, and assessments in favor of the city,
together with all penalties and interest at the rate of six per centum due
thereon from the end of the year for which the same were assessed and
the procedure for collecting said taxes, for selling real estate for city
taxes and for the redemption of real estate sold for city taxes shall be the
same as provided in the general law for the State to the same extent as if
the provisions of said general laws were herein set out at length. The said
city and its director of finance shall have the benefit of other and additional
remedies for the collection of city taxes which are now or hereafter may
be granted or permitted under the general law. All goods and chattels
wheresoever found may be distrained and sold for taxes and licenses
assessed and due thereon; and no deed of trust or mortgage upon goods and
chattels or real estate shall prevent the same from being distrained and
sold for taxes and licenses assessed against the grantor in such deed while
such goods and chattels remain in the grantor’s possession.

4.151. Independent Audtrt.

Prior to the end of each fiscal year the council shall designate qualified
certified public accountants or the Auditor of Public Accounts of the Com-
monwealth of Virginia, who, as of the end of the fiscal year, shall make
an independent audit of accounts and other evidence of financial trans-
actions of the city government and shall mail a copy of their report to
each member of the city council and to the city manager. The auditors
shall post audit the books and documents kept by the treasurer and any
separate or subordinate accounts kept by any other office, department or
agency of the city government.

4.152. City Treasurer.

The city treasurer shall receive the state revenue and shall account
for and pay over the same in the manner provided by law. The treasurer
shall receive for his services the compensation allowed by the Compensation
Board of the State of Virginia. He shall be elected every four years in the
manner provided by law. He shall give bond in such sum as fixed by law,
conditioned upon the faithful discharge of his official duties.
He shall have power to employ any procedure that is now or may
hereafter be prescribed by law for the collection of state taxes or revenues.

4.1538. The commissioner of the revenue shall be elected for four
years at the time and in the manner hereinbefore provided. He shall give
bond as provided by law conditioned for the faithful performance of all
his duties under this charter, the ordinances of the city of Norton and the
laws of the Commonwealth of Virginia. The commissioner of revenue
shall perform all duties in relation to the assessment of property for the
purpose of levying taxes that may be ordered by the city council and such
other duties as the council may prescribe or direct. He shall keep his
office in the City Hall and shall keep therein such books, schedules, and
records and other papers which shall be subject to inspection and ex-
amination by the city manager, members of the city council of any com-
mittee thereof. He shall receive for his services the compensation allowed
by the Compensation Board of the State of Virginia and the ordinances of
the city of Norton. He shall assess all real estate and personal property
in accordance with the laws of the Commonwealth of Virginia and the
ordinances of the city of Norton.

ARTICLE 5. ADMINISTRATION OF JUSTICE

5.1. Civil and Police Justice—Appointment—T erms—Qualifications.

The Trial Justice of the County of Wise shall continue to be Trial
Justice of the city of Norton. The council may by proper ordinance pro-
vide for a separate Trial Justice and/or Juvenile and Domestic Relations
Court for the trial of civil and criminal cases arising in the city, in which
event the council by its ordinances shall make any and all necessary pro-
visions as to the Trial Justice court and appointment of the Judge therefor
not inconsistent with the general laws of this State. Should the council
so elect to have a separate Trial Justice Court for said city, then the
police justice and Trial Justice Court shall be combined.

5.2. City Sergeant.

The city sergeant shall be elected for four years at the time and in
the manner hereinbefore provided. Before entering upon his duties he
shall give bond as may be prescribed by the laws of the Commonwealth of
Virginia and the ordinances of the city of Norton, conditioned for the
faithful discharge of his duties as such officer. The city sergeant shall
serve such civil papers as shall be delivered to him for service within the
city, and account for the fees therefor to the City Treasurer. He shall
transport prisoners as directed by the Chief of Police; serve as bailiff for
the Police Justice Court, and perform such other duties that may be
assigned to him from time to time by the council. He shall receive for
his services the compensation allowed by the Compensation Board of the
State of Virginia and the ordinances of the city of Norton.

5.38. Police Force.

The police force shall be composed of a superintendent or chief of
police and of such officers, patrolmen and other employees as the council
may determine. The superintendent or chief of police shall have the
immediate direction and control of the said force, subject, however, to the
supervision of the city manager and to such rules and regulations and
orders as the said city manager may prescribe. The superintendent or
chief of police shall issue all orders, rules and regulations for the govern-
ment of the whole force. In case of the inability of the superintendent or
chief of police to perform his duties by reason of sickness, absence from
the city or other clause, the city manager shall designate some member
of the police force to act as superintendent or chief of police during such
inability, and the officer so designated shall serve without additional
compensation. The members of the police force shall be appointed and may
be removed by the city manager. Each member of the said force, both
rank and file shall have issued to him a warrant of appointment signed
by the city manager, in which the date of his appointment shall be stated,
and such warrant shall be his commission. Each member of the said force
shall, before entering upon the duties of his office, take and subscribe an
oath before the clerk of the city that he will faithfully without fear or
favor perform the duties of this office, and such oath shall be filed with
the clerk of the city and preserved with the records of this office. And in
addition the several officers of the said force shall, if so required by the
council, give bond in such penalty and with such security as the council
may by ordinance prescribe.

5.4. No person except as otherwise provided by general law or by
this charter shall act as special police, special detective or other special
police officer for any purpose whatsoever, except upon written authority
from the city manager; such authority when conferred, shall be exercised
only under the direction and control of the superintendent or chief of
police and for a specified time, provided, however, that the council may
from time to time designate the maximum number of such special police,
special detectives or other special police officers.

5.5. The officers and privates constituting the police force of said
city shall be, and they are, hereby vested with all of the power and authority
which pertains to the office of constable at common law in taking cogni-
zance of and in enforcing criminal laws of the State and the ordinances
and regulations of said city and it shall be the duty of each such officer
and private to use his best endeavors to prevent the commission within
the said city of offenses against the laws of said State, and against the
ordinances and regulations of said city; to observe and enforce all such
laws, ordinances and regulations; to detect and arrest offenders against
the same; to preserve the good order of said city and to secure the in-
habitants thereof from violence and the property therein from injury.
Such policemen shall have no power or authority in civil matters, but shall
execute any criminal warrant or warrant of arrest and summons in
criminal cases they may be placed in his hands, by any justice of the city
and shall make due return thereof.

5.6. The city manager shall prescribe the uniforms and badges for
the members of said police force, and direct the manner in which a member
of said force shall be armed. Any person other than a member of said force
who shall wear such uniform or badge as may be prescribed as aforesaid,
may be subjected to such fine or imprisonment, or both, as may be pre-
scribed by the council by ordinance.

5.7. The city manager shall have power to enforce the collection of
all fines and the imposition of jail sentences as herein provided for the vio-
lation of any ordinances of the city and may commit to the jail of the
County of Wise for safekeeping and confinement of prisoners who shall
be sentenced to imprisonment under the ordinance of said city; and until
such fines and costs shall have been paid as provided by law.

ARTICLE 6. SCHOOLS

6.1. Wards.

The city of Norton shall be one ward and shall constitute a separate
school district.

Members of School Board.

The city council shall appoint a school board consisting of three mem-
bers in the manner and for the term prescribed by the laws of the Com-
monwealth. (1950 Code of Virginia, § 22.98)

6.201. Sub-Districts.

The School Board of the city may divide the territory of the city into
school sub-districts and may require all children living within a sub-district
to attend the schoo] provided in such sub-district.
6.202. Current Terms.

Present members of the school board, meaning members at the time
this charter becomes operative, shall continue in office until the expiration
of their current terms.

6.3. General Provisions.

The establishment, maintenance, and operation of a system of free
public schools within the city of Norton shall be under the control of the
school board, appointed by the city council in accordance with the provisions
of this charter, the Constitution of Virginia, the laws of the Commonwealth,
and the regulations of the state board of education; and said board shall
have all the rights, privileges, powers, and duties granted or empowered
by the said provisions, Constitution, laws, and regulations; and nothing
in this charter shall negate any rights, privileges, powers, or duties granted
or empowered to the school board by said provisions, Constitution, laws, and
regulations; and neither shall the school board have any such rights, privi-
leges, powers, and duties not provided by said provisions, Constitution, laws
and regulations. (1950 Code of Virginia, § 22 ;89, et seq.)

ARTICLE 7. PLANNING—ZONING—SUBDIVISION CONTROL

7.1. The city council, in addition to any other powers, shall have and
may exercise all other powers which now or may hereafter apply to cities
under the Constitution and general laws of this State as pertains to plan-
ning and zoning, and shall appoint a planning commission of five members,
which commission shall meet at least once each month, and the council shall

ve:

7.101. The power to adopt, administer, and enforce by ordinance a
master plan for the comprehensive long-range development of the city.

7.102. The power to adopt, administer and enforce, by ordinance, a
comprehensive zoning plan for the control of location type, use, height, area,
bulk, and arrangement of all structures, buildings, improvements to land
and premises, and to provide for a zoning board of appeals.

7.103. The power to adopt, administer and enforce, by ordinance a
comprehensive plan for the regulation of all subdivisions of land within the
city, or outside the city when served by the city with utilities including
any of the following: |

Water, sewage lines, fire protection or safety protection.

7.104. The power to adopt, administer and enforce, by ordinance, any
building code, and/or electrical, plumbing, heating, ventilating, fire safety
or other code for the safety, uniformity, appearance, convenience, and con-
struction, alteration, or repair of any building, or structure used by the
public or for private use within the city unless otherwise provided for in
this charter.

ARTICLE 8. DEPARTMENT OF PUBLIC HEALTH

8.1. Department of Public Health.

Unless otherwise provided by the council, there shall be a department
of public health which shall consist of the director of public health 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.

8.2. Functions.

The department of public health shall be responsible for: (a) enforcing
all laws and ordinances and all lawful rules and regulations of the depart-
ment as hereinafter provided, relating to the preservation and promotion
of public health and sanitation; (b) the protection of the inhabitants of
the city from contagious, infectious and other diseases; (c) the abatement
of nuisances detrimental to public health; (d) the operation of city hos-
pitals, sanatoria and laboratories and the furnishing of medical aid and
care to the indigent; (e) the conducting of clinics, nursing and educational
services for the preservation and promotion of public health; (f) the col-
lecting of morbidity and vital statistics; and (g) such other powers and
duties as may be assigned to the department by ordinance.

8.3. Dutrector of Public Health. Qualifications.

The head of the department of public health shall be the director of
public health. He shall be a person trained and skilled in public health prob-
ems.

8.4. Director of Public Health. Powers and Duties.

The head of the department of public health shall be the director of
public health and shall have general management and control of the several
bureaus, divisions and other units of the department. He shall appoint
and remove all officers and employees of the department.

8.5. Director of Public Health—Further Powers and Duties.

The director of public health shall further 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 all the powers
and duties conferred or imposed on him by this charter and the ordinances
of the city. He shall have the power, with the approval of the board of
health, to make rules and regulations for the preservation of the public
health, not inconsistent with the laws of the Commonwealth and the or-
dinances for the violation of any such rules and regulations shall be fixed
by ordinance.

ARTICLE 9. DEPARTMENT OF PUBLIC WELFARE

9.1. Department of Public Welfare.

Unless otherwise provided by the council, there shall be a department
of public welfare which shall consist of the director of public welfare and
such officers and employees organized in such bureaus, divisions and
other units as may be provided by ordinance or the orders of the director
consistent therewith.

9.2. Functions.

The department of public welfare shall be responsible for: (a) duties
imposed by the laws of the Commonwealth relating to public assistance and
relief of the poor; and (b) such other powers and duties as may be assigned
to the department by law or ordinance.

9.38. Director of Public Welfare. Qualifications.

The head of the department of public welfare shall be the director of
public welfare. He shall be a person trained and experienced in welfare
administration.

9.4. Director of Public Welfare. Powers and Duties.

The director of public welfare shall have, subject to the laws of the
Commonwealth relating to public assistance, general management and con-
trol of the several bureaus, divisions and other units of the department,
including the appointment and removal of all officers and employees of
the department and the making of rules and regulations, consistent with
this charter and the ordinances of the city, for the conduct of its business.

9.5. Contractual Relationships.

The city of Norton, at the option of the council, may enter into con-
tractual relationships with neighboring political subdivisions for the ad-
ministration of public aid and assistance, and the care, maintenance and
support of the aged, indigent, and infirm.

ARTICLE 10. GENERAL PROVISIONS

10.1. Officers to hold over until their successors are appointed and
qualified.

Whenever under the provisions of this charter any officer of the city
or member of any board or commission is elected or appointed for a fixed
term, such officer or member shall continue to hold office until his successor
is appointed and qualified.

10.2. Present ordinances and rules and regulations continued in effect.

All ordinances of the city and all rules, regulations, contracts and or-
ders legally made by any department, board, commission or officer of the
city, in force at the effective date of this charter, insofar as they or any
portion thereof are not inconsistent herewith, shall remain in force until
amended or repealed in accordance with the provisions of this charter.

10.3. General Powers.

The city of Norton and all the officers thereof elected or appointed in
accordance with the provisions of this act shall be clothed with all the
powers and subject to all the provisions of general law not in express con-
flict with the provisions of this act.

10.4. Constitutionality.

If any clause, sentence, paragraph, section or part of this act shall,
for any reason, be adjudged by any court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or in-
validate the remainder of said act, but shall be confined in its operations to
the clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment shall have been rendered.

10.5. Actions against the City for Damages.

No action shall be maintained against the said city for damages for
an injury to any person or property alleged to have been sustained by rea-
son of the negligence of the city, or of any officer, agent or employee there-
of unless a written statement of the nature of the claim and of the time
and place at which the injury is alleged to have occurred or been received,
shall have been filed with the city attorney of said city within sixty days
from date of alleged accident.

10.6. Citation of Act.

This Act may for all purposes be referred to or cited as the city of
Norton Charter of 1954.

2. Chapter 42 of the Acts of Assembly of the extra session of 1936-37,
approved January 15, 1937, is hereby repealed.
3. An emergency exists and this act is in force from its passage.