CHAPTER 393

An Act to amend and reenact §§ 2, 4,12, 13, 14, 19, 28, 28, 33, 48 and 56 of
Chapter 216 of the Acts of Assembly of 1952, approved March 7, 1952,
which provided a charter for the city of Roanoke, the amended sec-
tions relating, respectively, to the powers of the city; composition of
the city council; legislative procedure of the council; effective date of
ordinances and emergency measures; record and publication of ordt-
nances and resolutions; conduct of elections; creation of city depart-
ments; clerk of the municipal court; the annual budget; public ad-
vertising; and the powers and duties of the school board. 8 1K

[ ]

Approved March 15, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 2, 4, 12, 18, 14, 19, 23, 28, 33, 48 and 56 of Chapter 216 of
the Acts of Assembly of 1952, approved March 7, 1952, be amended and
reenacted as follows:

§ 2. Powers of the city.

In addition to the powers mentioned in the preceding section, the said
city shall have power:

(1) To raise annually by taxes and assessments in said city such sums
of money as the council hereinafter provided for shall deem necessary
for the purposes of said city, and in such manner as said council shall deem
expedient, in accordance with the Constitution and laws of this State and
of the United States; provided, however, that it shall impose no tax on the
bonds of said city; and provided, further, that said tax rate shall not ex-
ceed the sum of two dollars and fifty cents ($2.50) on the one hundred
CH. 393] ACTS OF ASSEMBLY 439

dollars of assessed value of real and personal property in this city, except
for providing for the payment of the principal and interest on any non-
revenue bonds * issued after January one, nineteen hundred forty-two
issued and approved by a vote of the freeholders, or for any bonds issued to
refund the same. The maximum rate of two dollars and fifty cents ($2.50)
shall be construed to include any and all levies which might otherwise be
levied on real or personal property under the provisions of §§ 58-844,
58-845 and 58-846 of the Code of Virginia; and the authority to exceed
the two dollars and fifty cents ($2.50) maximum rate shall not be con-
strued to authorize the council to exceed the same to pay principal or in-
terest on non-revenue bonds or on any refunding bonds issued to refund
bonds originally issued prior to January first, nineteen hundred and forty-
two. All levies heretofore made in conformity with this section as hereby
amended are validated.

(2) To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time of
the imposition of such special or local assessments.

(3) Subject to the provisions of the Constitution of Virginia and of
sections forty-seven, forty-eight and forty-nine of this charter, to contract
debts, borrow money and make and issue evidence of indebtedness.

(4) To expend the money of the city for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation or otherwise,
property, real or personal, or any estate or interest therein, within or
without the city or State and for any of the purposes of the city; and to
hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the
same or any other part thereof.

(6) To acquire, in any lawful manner, for the purpose of encouraging
commerce and manufacture, lands within and without the city not exceed-
ing at any one time five thousand acres in the aggregate, and from time
to time to sell or lease the same or any part thereof for industrial or com-
mercial uses and purposes.

(7) To make and maintain public improvements of all kinds, includ-
ing municipal and other public buildings, armories, markets, comfort sta-
tions or rest rooms and all buildings and structures necessary or appro-
priate for the use of the departments of fire and police; and to establish
a market or markets in and for said city, and to appoint proper officers
therefor; to prescribe the time and place for holding the same; to provide
suitable buildings and grounds therefor and to make and enforce such
rules and regulations as shall be necessary to restrain and prevent huck-
stering, forstalling and regrating, and for the purpose of regulating and
controlling the sale of fresh meats, fresh fish, farm and domestic products
in said city the council shall have authority to confine the sale of such
articles or products to the public markets and public squares provided by
the city for that purpose, and shall have full power and authority to use
such streets, avenues or alleys in the city around the public market and
public squares as may be necessary to provide for vehicles from which
farm and domestic products are offered for sale, and may by resolution
or ordinance designate the streets or other public places on or in which
all license peddlers may sell or offer for sale their goods, wares or mer-
chandise,, and shall have authority to levy and collect a license tax for
the sale of fresh meats and fresh fish, and may impose a curbage tax for
each vehicle containing farm and domestic products brought into said
city and sold or offered for sale on the market, and to acquire by condemna-
tion or otherwise all lands, riparian and other rights and easements neces-
sary for such improvements, or any of them.
(8) To furnish all local public service, to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by con-
demnation or otherwise, within or without the corporate limits, lands and
property necessary for any such purpose.

(9) To acquire in any lawful manner in any county of the State, or
without the State, such water lands, and lands under water as the council
of said city may deem necessary for the purpose of providing an adequate
water supply for said city and of piping or conducting the same; to lay
all necessary mains; to erect and maintain all necessary dams, pumping
stations and other works in connection therewith; to process, filter, or
purify such water supply and to add thereto mineral or other substances
to make the water more potable or more healthful, or to promote the public
welfare; to make reasonable rules and regulations for promoting the purity
of its said water supply and for protecting the same from pollution; and
for this purpose to exercise full police powers and sanitary patrol over
all lands comprised within the limits of the watershed tributary to any
such water supply wherever such lands may be located in this State; to
impose and enforce adequate penalties for the violation of 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 acquire lands or material for any such use. For
any of the purposes aforesaid said city may, if the council shall so deter-
mine, acquire by condemnation, purchase or otherwise, any estate or in-
terest in such lands or any of them, or any right or easement therein, or
may acquire such lands or any of them in fee, reserving to the owner or
owners thereof such rights or easements therein as may be prescribed in
the ordinance providing for such condemnation or purchase. The said city
may sell or supply to persons, firms or industries residing or located out-
side of the city limits any surplus of water it may have over and above
the amount required to supply its own inhabitants.

(10) To establish and enforce water rates and rates and charges for
public utilities, or other service products, or conveniences, operated,
rendered or furnished by the city; to employ necessary competent in-
spectors to inspect the reservoirs, watersheds, filtering plants, pumps
and pumping machinery and all other equipment of and all sources of
water supply of every water company furnishing such water for domestic
purposes, or use in the homes, of the inhabitants of the city, to compel
any such water company, which owns or operates such reservoirs, water-
sheds, filtering plants, pumps and pumping machinery or other equipment
or source or sources of said water supply to pay the reasonable cost of
such inspectors; to give reasonable notice to any such water company of
any condition disclosed by any such inspection which, in the opinion of
said inspector and of a majority of the city council renders, or unless
remedied probably will render the said water or water supply of the city
or its inhabitants or any part thereof dangerous or unfit to be used for
drinking purposes or general domestic purposes and to require any such
water company to remedy any such condition within a reasonable time
to be stated in said notice; to specify in said notice the particular acts
or things which are required to be done by any such water company to
remedy or prevent any such condition of said water or water supply; and
if said condition be not remedied by said water company and the acts
and things specified in said notice to said water company to be done by it,
be not done within the time specified in said notice, and if a majority of
said city council shall by resolution, at a meeting of the said council,
at which said water company has had reasonable notice and opportunity
to produce evidence and be heard, declared that an emergency exists re-
quiring the doing of said acts or things, so specified in said notice or any
part of them, to remedy or prevent such unfit or improper water or water
supply being provided for or furnished to the inhabitants of the city or
any of them, then the city council is hereby empowered and it shall be its
duty immediately to do the acts or things so specified in said notice to said
water company, and in said emergency resolution, and said city council
shall have the power and it shall be its duty, either by withholding the
water rentals which may thereafter become due from the city to said
water company, to reimburse the city for any amount expended in the
doing of said acts or things, or to recover said amount from said water
company by any appropriate action at law or suit in equity; provided,
however, that the maximum amount which the said city may so expend
in any calendar half-year period, between January first and June thirtieth,
or between July first and December thirty-first, shall not exceed the sum
of seven thousand and five hundred dollars; and provided further, that
any such water company shall have the right by proper legal proceedings
to have determined whether or not any such expenditure which may
have been so made by said city was made through abuse of discretion or
without probable cause to believe said expenditure a necessary one for
the protection of the city’s water supply; and if in any such proceeding it
shall be finally determined that said expenditure was one not necessary for
said purpose, said water company shall recover from the city any water
rentals which may have been retained as a reimbursement for said ex-
penditure; and provided further, that if said expenditure be found not a
necessary one the city shall be entitled to receive from said water company
by reason of said expenditure only such amount as under a quantum meruit
it may be determined the said water company has received actual benefit
of and in justice ought to pay value received for. Permitting the growth
of algae in an amount which materially affects the purity, taste or smell
of such water, so as to render the same unfit for drinking purposes or
general domestic use, in the reservoirs or sources of water supply is
hereby declared a condition which it is the duty of the city council to
prevent or remedy under the powers granted in this subsection. Nothing
herein contained shall be construed as in anywise limiting, altering,
affecting or impairing the existing duties, jurisdiction or powers of the
State Corporation Commission or of the State Board of Health or any
other agency of the State over water companies in the city of Roanoke
or elsewhere, but any existing powers, duties or jurisdiction of the State
Corporation Commission, State Board of Health or other agency of the
State which are hereby conferred or imposed upon the city council, shall
be deemed to be concurrent.

(11) To acquire in the manner provided by the general laws any
existing water, gas or electric plant, works or system, or any part thereof.

(12) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys, boule-
vards and parkways, and to alter, or close the same; to establish and main-
tain parks, playgrounds and other public grounds; to construct, maintain
and * operate bridges, viaducts, subways, tunnels, sewers and drains, and
to regulate the use of all such highways, parks, public grounds and works;
to plant and maintain shade trees along the streets and upon such public
grounds; to prevent the obstruction of such streets and highways, and
abolish and prevent grade crossings over the same by railroads in the man-
ner provided by law; regulate the operation and speed of all cars and ve-
hicles using the same, as well as the operation and speed of all engines,
cars and trains on railroads within the city; to provide by ordinance for
the removal from such streets, highways, alleys, boulevards, parkways and
other public places of vehicles and other objects abandoned thereon or left
or placed thereon in violation of law or of an ordinance of the city, and to
442 ACTS OF ASSEMBLY [vA., 1956

take charge of, impound and thereafter dispose of by sale or otherwise,
such vehicles or other objects, any such sale to be held only after the owner
or person lawfully entitled to the possession thereof shall have refused to
pay the costs of such removal and keeping or after such vehicle or other
object shall have remained unclaimed in the custody of the city for not less
than sixty days, and, in either case, after notice of such sale, describing the
vehicle or object to be sold, shall have been published for not less than five
days in a local daily newspaper of general circulation, and to recover the
costs of such removal, keeping and sale; to provide for the condemnatton
and scrapping or other disposition of abandoned or unclaimed motor ve-
hicles which, by reason of damage or dilapidation, are unsafe and impractt-
cable of repair; to regulate the service to be rendered and rates to be
charged by buses, motor cars, cabs and other vehicles for the carrying of
passengers and by vehicles for the transfer of baggage; to require all
telephone and telegraph wires and all wires and cables carrying electricity
to be placed in conduits under ground and prescribe rules and regulations
for the construction and use of such conduits; and to do all other things
whatsoever adapted to make said streets and highways safe, convenient and
attractive.

(13) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways, tunnels and bridges beyond
the limits of the city, in order to facilitate public travel to and from said
city and its suburbs and to and from said city and any property owned
by said city and situated beyond the corporate limits thereof, and to ac-
quire land necessary for such purpose by condemnation or otherwise.

(14) Subject to the provisions of the Constitution of Virginia to
grant franchises for public utilities.

(15) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to acquire and operate reduction or
other plants for the utilization or destruction of such materials, or any
of them; or to contract for and regulate the collection and disposal thereof.
To compel the abatement of smoke, dust and fly-ash; to regulate and con-
trol the installation, alteration and repair of all combustion equipment
other than internal combustion engines, and to control and prohibit pollu-
tion of the air.

(16) To compel the abatement and removal of all nuisances within
the city, or upon property owned by the city, beyond its limits; to require
all lands, lots and other premises within the city to be kept clean, sanitary
and free from weeds; to regulate or prevent slaughter houses or other
noisome or offensive business within said city; the keeping of animals,
poultry and other fowls therein, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the city; to compel the
abatement of smoke and dust, and prevent unnecessary noise therein;
to regulate the location of buildings or lots where animals or fowls are
kept and the manner in which such shall be kept and constructed, and
generally to define, prohibit, abate, suppress and prevent all things detri-
mental to the health, morals, comfort, safety, convenience and welfare
of the inhabitants of the city.

(17) If any ground in the said city shall be subject to be covered
by stagnant water or if the owner or occupant thereof shall permit any
offensive or unwholesome substance to remain or accumulate thereon, the
said council may cause such ground to be filled up, raised or drained, or
may cause such substance to be covered or removed therefrom, provided,
that reasonable notice shall be first given to the said owner or occupant
or his agent. In case of nonresident owners who have no agent in said
city, such notice may be given by publication; in which event two inser-
CH. 393] ACTS OF ASSEMBLY 443

tions of such notice on separate days, in any newspaper published in said
city, at least ten days before the first day any action is to be taken shall
be sufficient notice.

(18) To direct the location of all buildings for storing gunpowder or
other explosive or combustible substances, to regulate or prohibit the sale
and use of dynamite, gunpowder, fire crackers, kerosene oil, gasoline, nitro-
glycerine, camphene, burning fluid, and all explosive or combustible ma-
terials, the exhibition of fireworks, the discharge of firearms, the use of
candles and lights in barns, stables and other buildings, the making of
bonfires and the carrying of concealed weapons, and to regulate the move-
ment over its streets of dangerous, explosive, or highly combustible
materials.

(19) To * regulate or prohibit the running at large in said city of
any or all animals and fowls; * to regulate or prohibit the keeping or rais-
ing of same within said city, and to subject the same to such levies, regula-
tions and taxes as it may deem proper; * to prohibit or regulate the keep-
ing or raising of pigeons or other birds; and to provide for the seizure, im-
pounding, destruction or disposition of any such animal or fowl found
running at large or raised or kept in violation of such regulation.

(20) To restrain and punish drunkards, vagrants, mendicants and
street beggars, and to provide for the treatment of drunkards, alcoholics
and drug addicts.

(21) To prevent vice and immorality; to preserve public peace and
good order, to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of ill-fame, gambling houses and gambling
devices of all kinds, to prevent lewd, indecent or disorderly conduct or
exhibitions in the city.

(22) To inspect, test, measure and weigh any commodity or article
for consumption or use, manufactured, stored, processed or offered for
sale within the city, and to establish, regulate, license and inspect weights,
meters, measures and scales.

(23) To extinguish and prevent fires and compel citizens to render
assistance to the fire department in case of need, and to establish, regulate
and control a fire department or division; to regulate the size, materials
and construction of buildings, fences, and other structures hereafter
erected in such manner as the public safety and convenience may require;
to remove, or require to be removed, 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,
removed, added to or enlarged, and to direct that any or all future buildings
within such limits shall be constructed of stone, natural or artificial, con-
crete, brick, iron or other fireproof material.

(24) To provide for the care, support and maintenance of children
and of sick, aged, insane, disabled, or poor persons and paupers.

(25) To establish, organize and administer public schools, colleges
and libraries subject to the general laws establishing a standard of educa-
tion for the State.

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

(27) To provide for the removal of paupers or dependent persons
recently come into the city where permitted by State or Federal laws.

(28) To provide for the preservation of the general health of the
inhabitants of said city, make regulations to secure the same, inspect all
food and foodstuffs and prevent the introduction and sale in said city
of any article or thing intended for human consumption, which is adult-
erated, impure or otherwise dangerous to health, and to condemn, seize
and destroy or otherwise dispose of any such article or thing without
liability to the owner thereof, to prevent the introduction or spread of
contagious or infectious diseases; and prevent and suppress diseases gen-
erally; to provide and regulate hospitals within or without the city limits,
and to enforce the removal of persons afflicted with contagious or infec-
tious disease to hospitals provided for them, to provide a department
of health, to have the powers of a board of health, for said city, with
the authority necessary for the prompt and efficient performance of its
duties, with power to invest any or all the officials or employees of such
department of health with such powers as the police officers of the city
have; to establish a quarantine ground within or without the city limits,
and such quarantine regulations against infectious and contagious disease
as the said council may see fit, subject to the laws of the State and the
United States; to provide and keep records of vital statistics and compel
the return of all births, deaths and other information necessary thereto.

(29) To acquire by purchase, gift, devise, condemnation, or otherwise,
lands, either within or without the city, to be used, kept and improved
as a place for the interment of the dead, and to make and enforce ail
necessary rules and regulations for the protection and use thereof; and
generally to regulate the burial and disposition of the dead.

(30) To exercise full police powers, and establish and maintain a
department or division of police.

(31) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the city or
its inhabitants.

(32) To make and enforce all ordinances, rules and regulations neces-
sary or expedient for the purpose of carrying into effect the powers
conferred by this charter or by any general law, and to provide and impose
suitable penalties for the violation of such ordinances, rules and regula-
tions, or any of them, by fine not exceeding five hundred dollars or im-
prisonment not exceeding twelve months, or both, the city may maintain
a suit to restrain by injunction the violation of any ordinance notwith-
standing such ordinance may provide punishment for its violation. The
enumeration of particular powers in this charter shall not be deemed
or held to be exclusive, but in addition to the powers enumerated herein
implied thereby, or appropriate to the exercise thereof, the said city shall
have and may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and general laws
of this State.

§ 4. Composition of council; vacancies.

The Council as presently composed shall continue and shall consist of
seven members, who shall be elected at large and shall serve for a term
of four years, from the first day of September next following the date
of their election and until their successors shall have been elected and
qualified; provided, however, that on the second Tuesday in June, 1956,
and on said day each four years thereafter, four councilmen shall be elected,
and on the second Tuesday in June, 1958, and on said day each four years
thereafter, three councilmen shall be elected, each of whom shall serve for
a term of four years from the first day of September next following the
date of their election and until their successors have been elected and
qualified. The council shall be a continuing body, and no measure pend-
ing before such body shall abate or be discontinued by reason of the
expiration of the term of office or removal of the members of said body,
or any of them. Vacancies in the council shall be filled within thirty
days, * and until the first day of September next following the next regular
CH. 393] ACTS OF ASSEMBLY 445

councilmanic election, by a majority vote of the remaining members, and
tf as much as two years of any such unexpired term remains at the time
Of such next regular councilmanic election a councilman shall be elected
at large at such election for the remaining portion of such unexpired term.

§ 12. Legislative procedure.

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 in-
debtedness 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 authorizing the contracting of indebted-
ness or the issuance of bonds or other obligations and appropriating the
money to be raised thereby shall be confined to those subjects respectively.

The enacting clause of all ordinances passed by the council shall be,
“be it ordained by the council of the city of Roanoke”. No ordinance,
unless it be an emergency measure, shall be passed until it has been read
by title at two regular meetings or the requirement of such reading has
been dispensed with by the affirmative vote of five-sevenths of the mem-
bers of the council. No ordinance or section thereof shall be revised or
amended by its title or section number only, but the new ordinance shall
contain the entire ordinance, or section or subsection as revised or amended.
The ayes and noes shall be taken upon the passage of all ordinances or
resolutions and entered upon the journal of the proceeding of the council
and every ordinance or resolution shall require, on final passage, the
affirmative vote of a majority of the members. No member shall be ex-
cused from voting except on matters involving the consideration of his own
official conduct, or where his financial or personal interests are involved.

In authorizing the making of any public improvements, or the acquisi-
tion of real estate or any interest therein; or authorizing the contracting
of indebtedness or the issuance of bonds or other evidences of indebted-
ness (except temporary loans in anticipation of taxes or revenue or of the
sale of bonds lawfully authorized) ; or authorizing the sale of any property
or rights in property of the city of Roanoke, or granting any public utility
franchise, privilege, lease or right of any kind to use public property
or easement of any description or any renewal, amendment or extension
thereof, the council shall act only by ordinance; provided, however, that
after any such ordinance shall have taken effect, all subsequent proceed-
ings incidental thereto and providing for the carrying out of the purposes
of such ordinance may, except as otherwise provided in this charter, be
taken by resolution of the council.

§ 13. Effective date of ordinances; emergency measures.

All ordinances passed by the council shall be in effect from and after
thirty days from the date of their passage, except that council may, by
the affirmative vote of five-sevenths of its members, pass emergency
measures to take effect at the time indicated therein. An emergency
measure is an ordinance or resolution for the immediate preservation
of the public peace, property, health or safety, or providing for the usual
daily operation of the municipal government or of a municipal department
in which measure the emergency * shall be set forth and defined in a
preamble thereto. Ordinances appropriating money for any such 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 franchise or other special privilege, or regulating the rate to be
charged for its service by any public utility, shall be so passed. All resolu-
tions of the Council shall be effective upon passage.

§ 14. Record and publication.

Every ordinance or resolution upon its final passage shall be recorded
446 ACTS OF ASSEMBLY [VA., 1956

in a book kept for the purpose, and shall be authenticated by the signature
of the presiding officer and the city clerk. Every ordinance of a general or
permanent nature shall be published in full once within ten days after its
final passage in a newspaper or newspapers of general circulation published
in the municipality; and where legally permissible, such publication shall
be made but once; provided that where any such ordinance is amended, the
council may direct that only the amendment or the substance of such amend-
ment be published and such publication shall be a sufficient compliance with
this section; and provided, further, that the foregoing requirements as to
publication shall not apply to ordinances reordained in or by a general *
compilation, codification or recodification of ordinances printed by authority
of the council, nor to any ordinance contained in, or reordained or amen

by, a general compilation, codification or recodification of ordinances printed
as a code of ordinances, provided that such printed code of ordinances shall
not take effect until thirty days after the same shall have been printed in
quantity and delivered to and lodged in the office of the city clerk.

A record or entry made by the city clerk or a copy of such record or
entry duly certified by him shall be prima facie evidence of the terms of the
ordinance or any amendment thereof and its due publication, or its receipt
in quantity as a printed code of ordinances.

All ordinances and resolutions of the council may be read in evidence in
all courts and in all other proceedings in which it may be necessary to refer
thereto, either from a copy thereof certified by the clerk or from the volume
or code of ordinances printed by authority of the council.

a 103. General provisions relating to elections; how elections con-
ucted.

All elections provided for in this charter, except as otherwise provided
herein, shall be conducted, and the result canvassed and certified by the
regular election officials provided for by the general election laws of the
State and all such elections shall be governed by the general election laws.
The council may prepare a list of the freeholders of the city who are quali-
fied to vote. Persons on such list shall constitute for all purposes the list
of those qualified to vote on matters to be approved by the voters under
subsection (1) of § 2 and § 47 of this charter.

§ 23. Creation of departments.

The council may by ordinance create administrative departments, and
when such departments are created may define the functions which such
departments are to administer, may provide for the appointment of heads
for such departments and define their duties and responsibilities. In
addition, the council may by ordinance provide for the appointment of one
or more assistants or deputies in the offices of the city attorney, the city
auditor and the city clerk and may define their duties and responsibilities.
Such assistants or deputies, when acting in such official capacity, shalt
possess all of the power and authority and shall be subject to all of the
duties and responsibilities given to or imposed upon their respective
superiors under this charter.

§ 28. Clerk of the Municipal Court.

The chief municipal judge shall appoint a clerk of the Municipal Court
who shall devote full time to the duties of the office which he shall hold
at the pleasure of the chief municipal judge. Said clerk shall receive such
salary as the council shall, from time to time, fix which shall be paid by
the city and he shall participate in the Employees’ Retirement System
of the city of Roanoke, but shall receive no other compensation, fees or
emoluments whatsoever from said city. The clerk of the Municipal Court
shall be a conservator of the peace within the city and may within the
jurisdiction, territorial and otherwise, of the Municipal Court, issue war-
rants and processes, original, mesne and final, both civil and criminal,
CH. 393] ACTS OF ASSEMBLY 447

issue abstracts of judgments and subpoenas for witnesses, and all other
processes which might or could be issued by a judge of the Municipal
Court. Said papers shall be signed in the name of the Municipal Court by
the clerk as such clerk. He shall have authority to take affidavits and
administer oaths and affirmations. Such clerk shall keep the docket and
accounts for the Municipal Court and shall collect all fines, fees, forfei-
tures and costs imposed by a municipal judge or arising in the adminis-
tration of the Municipal Court. A bond given for an appearance before
the municipal court for the city of Roanoke or before a judge thereof,
may if requested by the surety on such bond also be a bond for an appear-
ance in the Hustings Court on the same charge unless the amount of
bond required be raised by proper authority. Such clerk shall make regular
daily reports and transmit and deposit daily all monies collected by him
in accordance with rules promulgated by the city auditor or the clerk of
courts. He shall give bond for the faithful performance of his duty as
such clerk. He shall perform such further duties as may be prescribed
by the chief municipal judge.

In addition, the chief municipal judge may appoint such number of
deputy clerks of the Municipal Court as may from time to time be author-
ized by ordinance of the council, who shall serve at the pleasure of the
chief municipal judge and who may be members of the police force or
other city employees but who shall not be entitled to special compen-
sation as such deputy clerk unless otherwise provided by the council.
Such deputy clerks shall have the power and authority to take affidavits,
administer oaths and affirmations, issue civil warrants, abstracts of judg-
ment and subpoenas for witnesses only, except that members of the police
force appointed as deputy clerks hereunder shall have the additional power
and authority to issue criminal warrants and processes within the juris-
diction, territorial and otherwise, of the Municipal Court, at such times
as may be expressly designated by the chief municipal judge. Said papers
shall be signed in the name of the Municipal Court by the deputy clerk as
such deputy.

§ 33. The annual budget.

At least * sixty days before the end of each fiscal year, the city man-
ager shal prepare and submit to the council an annual budget for the
ensuing fiscal year, based upon detailed estimates furnished by the several
officers of the city government according to classification as nearly uniform
as possible. The budget shall present the following information:

(a) An itemized statement of the appropriations recommended with
comparative statement in parallel columns showing appropriations made
for the current and next preceding year.

(b) An itemized statement of the taxes required and of the estimated
revenues of the city from all other sources for the ensuing fiscal year,
with comparative statements in parallel columns of the taxes and other
revenues for the current and next preceding year, and of the increases
or decreases estimated or proposed.

(c) A fund statement showing a condition of the various appropria-
tions, the amount of appropriations remaining unencumbered, and the
amount of revenues remaining unappropriated.

(d) Explanatory text relative to the conditions, reasons, et cetera,
connected with the estimates for the ensuing year; also a work program
showing the undertakings to be begun and those to be completed during
the next year and each of several years in advance.

(e) A statement of the financial condition of the city.

(f) Such other information as may be required by the council.

(g) Such other information as the city manager deems appropriate
or advisable.
§ 43. Public advertising. .

All public advertising or publications necessary under this charter
shall be in a newspaper of general circulation, published in the city, *
provided, however, that when the city provides for the regular periodic
publication of an official bulletin of general circulation independent of
any newspaper, advertising or publication therein shall be sufficient
except where otherwise required by law.

§ 56. Powers and duties of the school board.

The school trustees of said city shall be a body corporate under the
name and style of the School Board of the city of Roanoke, und shall have
all of the powers, perform all of the duties and be subject to all of the
limitations now provided, or which may hereafter be provided by law in
regard to school boards of cities and except that all real estate with the
buildings and improvements thereon heretofore or hereafter purchased
with money received from the sale of bonds of this city, appropriated by
the council or received from any other source for the purpose of public
education, shall be the property of the said city of Roanoke, unless such
money so received from any other source be received on other conditions.
The school board shall transmit to the council and to the city auditor a
detailed statement of all moneys received by said board or placed to its
credit. No money shall be expended by said board until the account,
claims or demand has been approved by said school board and a record
thereof made in the proceedings of said board, and said account, claim or
demand submitted to the auditor of the city of Roanoke for audit. After
such account, claim or demand has been audited as above provided, a
warrant on the city treasurer shall be drawn, signed by the chairman of
the board and countersigned by the clerk thereof, payable to the person
or persons entitled to receive such money, and stating on the face the
purpose or service for which it is to be paid, and that such warrant is
drawn in pursuance of an order entered by the board on the................ day
0) ee Separate accounts shall be kept by the said board of
moneys appropriated by the council, and moneys received from other
sources, and every such statement shall show the balance of each class of
funds on hand or under control of said board as of the date thereof.

The school board shall on or before the fifteenth day of * October of
each year prepare and submit to the city manager for his information
in making up the annual budget a detailed estimate of the amount of
money required for the conduct of the public schools of the city for the
ensuing fiscal year, with an estimate of the amount of all funds which
will probably be received by said board for the purpose of public education
from sources other than appropriations by the council.

The council may, at its discretion, by ordinance provide for an audit
of the affairs and records of the school board by the city auditor or by
any other competent person or firm selected by the council.

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