CHAPTER 552

An Act to amend the Code of Virginia by adding in Chapter 9 of Title 15
anew article numbered 5, containing new sections numbered 15-281.4:1
through 15-281.4:78, to provide a general charter for the consolidation
of two or more political subdivisions; to provide, under certain condt-
tions, for the holding of a referendum to determine whether the same
shall be adopted; to provide, under certain conditions, for a referendum
to adopt the name of a consolidated city; and to provide the effect of
such charter if adopted.

[S 342]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding a new article
numbered 5 in Chapter 9 of Title 15, containing new sections numbered
15-231.4:1 through 15-231.4:78 as follows:

Article 5

§ 15-231.4:1. General Consolidation Charter. If the provisons of this
charter shall be adopted by the governing bodies of two or more adjacent
or adjoining political subdivisions, eligible to consolidate under Article 4,
Chapter 9, of Title 15, of the Code of Virginia, as amended, or any cities,
or by committees of citizens acting for and in lieu of the said governing
bodies, as the consolidation agreement required under the provisions of
Article 4, Chapter 9, of Title 15 of the Code of Virginia, as amended, or
if a petition signed by not less than ten percentum of the qualified voters
of each of the said political subdivisions voting in the last preceding
Presidential Election, which number in no case shall be less than fifty, shall
petition the Judge of the Circuit or Corporation Court of said political sub-
divisions for a consolidation election to be held on the basis of such charter
as provided in § 15-222.4, as amended, then there shall be a special election
to be held in each of the political subdivisions adopting such agreement or
in which such petition is filed on the second Tuesday in July following the
adoption of such agreement or the filing of such petition, a referendum
on ai following question:

6s a

| ee insert names of political subdivisions) be consoli-
dated under the general consolidation charter of 1956?”
O For
Against

The election shall be held and the returns canvassed and certified
as provided in § 24-141 of the Code of Virginia, as amended.

If it shall appear that a majority of the electors of each of the political
subdivisions voting at such referendum have voted in favor of consolida-
tion, the judges of the corporation court, or circuit court if there be no
corporation court, of each of the political subdivisions, shall enter of
record that fact and the names of each political subdivision in which the
electors have voted in favor of consolidation, and this charter shall become
fully effective on the thirty-first day of December next following such
election, and thereupon the political subdivisions shall be consolidated ;
provided, that the election of council of the Consolidated City shall be
held as set forth in § 15-231.3:3 of this article. .

If this general charter becomes effective as hereinabove provided, it
shall for all purposes supersede the existing charters of the political sub-
divisions so consolidated. .

All the territory contained within the existing boundaries of the politi-
cal subdivisions so consolidating, as the same now are or may hereafter be
established by law, shall be deemed and taken as the Consolidated City,
and said boundaries shall be construed to embrace all wharves, piers,
docks and other structures of every description that have been or may here-
after be erected along said waterfront, and all tidal waters, and any con-
tiguous territory ceded to the Commonwealth of Virginia by any govern-
ment or agency thereof. The inhabitants of the Consolidated City shall
for all purposes for which cities are incorporated in this Commonwealth,
continue to be a body politic in fact and in name, under the denomination
of the name adopted as hereinafter set forth and as such, shall have,
exercise, and enjoy all the rights, immunities, powers and privileges con-
ferred upon cities by law; but subject to all laws now in force and hereafter
enacted for the government of cities of the first class and subject to all
duties and obligations now incumbent upon and pertaining to said city as
a municipal corporation. The Consolidated City shall have perpetual suc-
cession, may sue and be sued, contract and be contracted with, and may
have a corporate seal which it may alter, renew or amend at its pleasure.

§ 15-231.4:2. If the qualified voters of each of the political subdivi-
sions vote in favor of the consolidation of said political subdivisions and
the adoption of this article as the charter of the Consolidated City, the
judges of the corporation and circuit courts having jurisdiction in such
political subdivisions shall issue writs of election requiring the regular elec-
tion officials of the respective political subdivisions to open a poll and take
the sense of the qualified voters of the projected Consolidated City on the
second Tuesday of September following the consolidation referendum on
the question of the name for the Consolidated City.

The election officials of such political subdivisions which are to be
consolidated shall have printed on the ballot each name proposed for the
consolidated city submitted to any such corporation or circuit court by a
petition on or before the third Tuesday in August following the successful
consolidation referendum signed by one hundred qualified voters of each
such political subdivision requesting that a name be submitted to the voters
in the referendum, and certified by the court to the election officials.

The ballot in such referendum shall contain the following question:

“Which of the following names shall be adopted as the name of the
Consolidated City?”

O (Insert name)
(1 (Insert name)

Following the question there shall be printed each name submitted in
accordance with the above requirements.

The election shall otherwise be held, ballots counted, returns made and
canvassed, and results certified as provided in § 24-141 of the Code of
Virginia, as amended.

The name approved by a majority of the qualified voters voting in the
election shall become the name of the Consolidated City and wherever the
words “Consolidated City” appear in this article the same shall be con-
strued to mean the name so approved.

If it shall appear that a majority of the electors voting in the election
CH. 552] ACTS OF ASSEMBLY 779

have not voted in favor of any name submitted, then the respective judges
shall order a second referendum within fifteen days to take the sense of
the voters on which of the two names receiving the highest number of
votes in the first referendum is the choice of the majority voting in the
second referendum as the name of the consolidated city. The procedure
in the second referendum shall be as in the first, and the name approved
by a majority of the qualified voters voting in said election shall become
the name of the consolidated city.

In the event, however, the governing bodies, or a committee of citizens
acting for and in lieu of any such governing body, of the political sub-
divisions proposing to consolidate have agreed upon a name for the Con-
solidated City, prior to the first consolidation referendum, and have made
such name together with this charter a part of such consolidation agree-
ment, or in event the consolidation referendum on this charter is initiated
by a petition signed by not less than ten per centum of the number of
qualified voters, who voted in the last preceding presidential election in each
of said political subdivisions, which petition sets forth the proposed name of
the Consolidated City, then the referendum called for in this sub-section
shall not be held and the name adopted by the governing bodies, or com-
mittee of citizens, or proposed by the petitioners shall become the name of
the Consolidated City and wherever the words “Consolidated City” appear
in this act the same shall be construed to mean the name so adopted or
proposed; provided, however, the name chosen shall not otherwise be one
that has been restricted or prohibited by law. The name so adopted shall
not in any event contain the name “Hampton Roads”.

§ 15-231.4:3. The corporation or circuit court of each political su
division which is to be consolidated as hereinabove provided shall issue a
writ of election for an election to be held on the first Tuesday in December
following the referendum provided for in § 15-231.8:1 hereof, at which
time there shall be elected by the voters of all the political subdivisions
which are to be consolidated, the council of the Consolidated City. Such
election shall in all respects conform to the provisions of this article.

In the event, however, the governing bodies, or the committees of
citizens acting for and in lieu of any such governing body, of the political
subdivisions proposing to consolidate, petition the respective circuit and
corporation court judges; or in event the consolidation referendum on this
charter is initiated by a petition signed by not less than ten per centum of
the number of qualified voters, who voted in the last preceding presidential
election in each of said political subdivisions, which petitions request the
respective circuit and corporations court judges, to fix dates for the various
referendums, elections, and the effective date of this charter and the dates
the various officers assume office at dates different from those set forth in
this article, such changes in dates are herewith specifically authorized inso-
far as such new dates conform to the restrictions of Article 4 of this chap-
ter and the constitution and general laws of the Commonwealth.

§ 15-231.4:4. The municipal government provided by this charter
shall be the “council-manager” form of government. The legislative power
and administrative functions of the city shall be vested in the council of
the Consolidated City which shall consist of nine members and an adminis-
trative officer to be styled the city manager and such other bodies and
officers as are hereinafter provided for. The City Council, subject to the
limitations of the Constitution and the general laws of the Commonwealth,
shall enact local legislation, adopt budgets, determine policies and appoint
the city manager, who shall execute the laws and administer the govern-
ment of the city.

§ 15-231.4:5. The city council shall consist of nine members and shall
be elected from the city at large and shall serve for a term of four years
780 ACTS OF ASSEMBLY [va., 1956

from the first day of September next following the date of their election
and until their successors shall have been elected and shall qualify; pro-
vided, however, that at the first election hereunder. The terms of the
councilmen of the first council shall end August thirty-one of the fourth
year following their election. Thereafter the term of each member shall be
four years, commencing on the first day of September next succeeding
their election in the regular June general election.

In the event, however, the governing bodies or the Committees of
Citizens acting for and in lieu of such governing bodies of the political sub-
divisions proposing to consolidate have agreed upon a geographical dis-
tribution of the nine City Councilmen, or in event the consolidated Refer-
endum on this charter is initiated by a Petition signed by not less than
ten per centum of the number of qualified voters who voted in the last pre-
ceding presidential election in-each of said political subdivisions should
provide for a geographical distribution of the nine Councilmen then in
either event the members of the Council may be geographically distributed
but, however, voted upon by the voters of the Consolidated City at large.

§ 15-231.4:6. The adoption of this charter shall terminate the terms
of office of the Commonwealth’s Attorney, Commissioner of the Revenue,
Treasurer and Sheriff or Sergeant for each of the political subdivisions so
consolidated. A vacancy shall be deemed to exist in each of the above
named offices upon the effective date of consolidation, which vacancy shall
be filled from among the incumbents of the said offices. The person to
hold the office for the consolidated city shall be determined by lot; and
the other incumbents in office in the several political subdivisions at the
time of consolidation shall be named deputies of the respective officers
for the remainder of the terms for which elected and shall receive, for
such terms, the same compensation which they were receiving at the
time of consolidation. Thereafter, vacancies in all constitutional offices
shall be filled by the judges in banc of the courts of record of the con-
solidated city.

§ 15-231.4:7.. As provided in § 15-280 of the Code of Virginia of 1950,
as amended, unless and until changed by general law, the jurisdiction and
authority of the courts of record having jurisdiction within the political
subdivisions forming the consolidated City shall remain unchanged, except
the jurisdiction of all such courts shall be coextensive with the area of the
consolidated city. The Clerks of courts and their deputies serving the
several courts of record at the time of consolidation shall continue to serve
for the remainder of the term for which they were elected until their suc-
cessors are elected and qualified as provided by general law. The records
of the several clerks offices shall be maintained in the same locations as
‘at the time of consolidation until other provisions are made by the Council
of the Consolidated City.

Until such time as the jurisdiction, authority and venue of the courts
of record within the political subdivisions forming the Consolidated City
shall be changed by general law, the Judges of all of the said courts of
record sitting in banc shall determine all matters of jurisdiction and venue
of the said courts of record within the Consolidated City.

§ 15-231.4:8. Upon the effective date of consolidation and during the
transition period only, all persons, including school personnel, regularly
employed by each of the political subdivisions forming the Consolidated
City, shall become employees of the Consolidated City at the same rate of
pay received from the political subdivisions forming the Consolidated City,
including retirement benefits, until changed by the Council. The employees
shall continue to perform the duties they were assigned prior to consolida-
tion, during the period of transition and until the organization of the city
departments has been effected; provided that the city manager, however,
CH. 552] ACTS OF ASSEMBLY 781

may, during the transition period, promote, demote, dismiss, change job
classification, reduce or increase the compensation or salary of any em-
ployee, all subject to approval of the city council; and provided further that
the term of office of any person who holds an office abolished by consolida-
tion, either explicitly or implicitly, shall terminate upon the effective date
of consolidation, but the council may provide for the employment of such
person in the appropriate department of the city government.

§ 15-231.4:9. All property, real and personal, owned by the political
subdivisions forming the Consolidated City shall become the property of
the Consolidated City upon the effective date of consolidation. All money,
checks or other evidences of value of the political subdivisions forming the
Consolidated City, now in the custody of any Treasurer, officer, or employee
of said political subdivision shall immediately become the property of the
Consolidated City. All sinking funds for the retirement of any outstanding
debt and the interest on said indebtedness of any of the political subdivisions
forming the Consolidated City shall become the property of the Consolidated
City. The Director of Finance of the Consolidated City shall be the custo-
dian of all city funds.

All rights in any trust funds, including those securing any retirement
systems of any of the political subdivisions forming the Consolidated City
shall become the property of the Consolidated City to the extent provided
in the respective trust indentures. The trustees of any such trust funds
shall continue to serve as trustees under the Consolidated City for the
remainder of the term for which they were chosen until their successors are
chosen as provided in the trust indenture.

All taxes, licenses, bills for services, water bills, or any other debts,
including penalties and interest, delinquent or current, now or hereafter
due and payable to the respective political subdivisions forming the Con-
solidated City, shall upon and after the effective date of consolidation be
due and payable to the Consolidated City. The Consolidated City is hereby
vested with all the powers and remedies now provided by law for each of the
political subdivisions forming the Consolidated City to enforce collection of
a]l debts for and in the name of the Consolidated City.

§ 15-231.4:10. At the time consolidation becomes effective, all out-
standing indebtedness, including interest thereon, of whatever nature, of
each of the political subdivisions forming the Consolidated City, shall be-
come the indebtedness of the Consolidated City. All of the obligations,
conditions and restrictions in connection with all bonds issued by the
political subdivisions forming the Consolidated City shall be faithfully kept
and performed by the Consolidated City. All leases, agreements, franchises,
contracts and obligations, of whatever nature, in effect between any of the
political subdivisions forming the Consolidated City and any person, firm,
or corporation, including contractural and vested rights of employees and
retired employees of the political subdivisions forming the Consolidated
City in any retirement systems of such political subdivisions, at the time
consolidation becomes effective, shall remain in full force and effect and the
obligations, conditions, convenants, and agreements therein contained, shall
be as binding and faithfully kept and performed by the Consolidated City
and by all contracting parties as though they were made in the original
instance directly with the Consolidated City.

§ 15-231.4:10.1. The payment of the employer’s share of the obliga-
tion under any and all existing retirement or Pension Plans in effect on
the date of consolidation in any and all of the political subdivisions so
consolidating and all allowances, annuities and benefits accruing, granted
and to be paid to employees of any of the cities so consolidating pursuant
to such plans, and all expenses in connection with the operation and ad-
ministration thereof, are hereby made obligations of the consolidated city,
782 ACTS OF ASSEMBLY [va., 1956

to the extent herein specified and in accordance with the ordinances and/or
Charter provisions of the various political subdivisions affecting retire-
ment. This Charter shall be deemed a contract between the consolidated
city and the employees and retirants covered by such retirement plans as
of the date of consolidation, to the end that the right and equities of the
employees and retirants, as herein specified, in service or in retirement on
the date of consolidation, under the existing retirement plans, in accordance
with the provisions of such plans, shall not be diminished, curtailed or im-
paired. This obligation on the part of the consolidated city shall include,
any socondanice with the provisions of the various pension or retirement
plans:

1. The continuation of retirement allowances or pension payments
to retired employees.

2. The payment of retirement allowances or pensions, when due, to
those former employees who retained any “vested right”.

3. The retirement and payment of pensions to those employees who
are qualified for retirement under any of the existing plans on the effective
date of consolidation.

4. The vesting of service retirement allowances for those employees
who are qualified under the terms of existing plans.

5. The payment of withdrawal benefits, as provided in existing plans,
to all employees who do not qualify for pensions or vested service retire-
ment allowances.

6. The payment of any other benefit provided for which the employee
has qualified on the date of consolidation that is in the particular plan
applicable to the employee.

_ 7. The payment of any other benefits provided to retired employees
prior to consolidation to any employees receiving the same by special pension
benefits not covered by a general plan.

It is also provided that any employee of any of the political sub-
divisions so consolidating who are employed by the consolidated city, shall
be given credit for the years of service already to his credit in his political
subdivisions in any retirement plan enacted by the consolidated city at a
cost not to exceed the withdrawal allowance to the credit of said employee
at the date of consolidation.

If any employee who is entitled to retirement, or who has retired
from any of the political subdivisions so consolidating, is employed by the
consolidated city, he shall not receive his pension during the term of his
employment with the consolidated city but shall be entitled to receive such
pension when his employment with the consolidated city ends.

This provision applies to all pension or retirement systems of all the
political subdivisions so consolidating and include the systems that provide
retirement to employees of school boards and other boards and commis-
sions and to the political subdivision officers and their employees if such
employees were included in retirement system prior to consolidation.

Such funds, reserves, appropriations, cash and investments in the
hands of any of the political subdivisions so consolidating or in the hands
of trustees of any of the retirement funds of the political subdivisions so
consolidating shall, on the date of consolidation, or as soon thereafter as is
practical, be paid over to such officers or boards of the consolidated city,
as the council of the consolidated city may designate, to be used to meet
the obligations as herein provided.

The consolidated city is hereby authorized and directed to provide and
pay such additional money as is necessary to fulfill and carry out the pro-
visions of this section of the Charter of the consolidated city.

The full faith and credit of the consolidated city is hereby irrevocably
pledged to meet this obligation.
§ 15-231.4:11. All persons committed to any jail, jail farm, peni-
tentiary or other institutions under the provisions of any local ordinance,
prior to the effective date of consolidation, shall serve the sentence imposed
by the court making such commitment; provided, however, the judge of
either the corporation or circuit courts of the Consolidated City may in his
discretion exercise such power and authority over said persons confined,
as may now be provided by the general laws of the Commonwealth of
Virginia.

§ 15-231.4:12. Allof the provisions, obligations, and directions of any
act of the General Assembly authorizing any of the political subdivisions
forming the Consolidated City to purchase, operate and control a water-
works plant or system, shall continue in effect. The ordinances of any such
political subdivision, as amended from time to time, providing for the
operation of said waterworks, including ordinances fixing the rates and
charges for the use of water, shall likewise remain in full force and effect,
unless and until changed by the Council of the Consolidated City.

§ 15-231.4:13. All rights, powers, and liabilities of the political sub-
divisions forming the Consolidated City resulting from agreement or aris-
ing by law in any Airport Commission shall be vested in the Consolidated
City and its Council.

§ 15-231.4:14. The Consolidated City shall succeed to all of the rights,
powers, and liabilities of the political subdivisions with respect to the laws
under which they may have interests in any sewerage and sewage disposal
systems which have been and are being installed; in any Revenue Bond
Authority or District; the right and power of any of the political sub-
divisions to establish a Port and Industrial Authority; and to all of the
rights and privileges granted by the Commonwealth of Virginia or by the
United States of America to the political subdivisions forming the Con-
solidated City.

§ 15-231.4:15. All rights, powers, and liabilities of the political sub-
divisions forming the Consolidated City resulting from agreement or aris-
ing by law in Housing Authorities shall vest in the Consolidated City and
its Council, and the existing housing authorities shall continue in office
until changed by the council.

§ 15-231.4:16. Unless and until amended, modified or repealed by the
Council of the Consolidated City, all ordinances of the political sub-
divisions forming the Consolidated City, shall remain in full force and
effect within the area of the respective political subdivisions,.as they were
before consolidation. The Council of the Consolidated City shall as soon as
feasible enact general ordinances for the Consolidated City.

§ 15-231.4:17. General municipal elections for the nomination and
election of councilmen shall be conducted under the general election laws
of the Commonwealth.

No candidate for the office of councilman shall promise any money,
office, employment or other thing of value to secure a nomination or election
or expend in connection with his candidacy any money, except as permitted
by the general election law of the State; and any such candidate violating
this provision shall be punished as provided by general law, and shall forfeit
his office, if elected; in which event the office so vacated shall be filled by
the council until the next regular or special election of councilmen as pro-
vided for herein.

§ 15-231.4:18. Vacancies in the office of councilmen, from whatever
cause arising, shall be filled for the unexpired portion of the term within
sixty days of the occurrence of the vacancy. If a single vacancy exists, it
shall be filled by the remainder of the council. If more than one vacancy
exists, they shall be filled by a vote of the people at a special election called
for that purpose.
§ 15-231.4:19. The council shall consist of nine members elected as
provided in this article. Councilmen shall be qualified electors of the city.
Councilmen shall receive in full compensation for their services the sum of
$1,200 each per year. The mayor shall receive $1,500 per year. Neither the
councilmen nor the mayor shall hold any other office of profit in the city
government.

The council, after the election of members, every four years, shall,
at its first meeting on or after the first day of September next following
the date of said election, elect one of its members to preside over its
meetings, who shall be ex-officio mayor and shall have the same powers and
duties as other members of the council, with a vote but no veto; and he shall
be official head of the city and shall perform such other duties, consistent
with his office, as may be imposed by the council, but shall have no regular
administrative duties. His term of office shall be for four years. The
council, at said meeting, shall also elect a mayor protempore, who shall serve
in the absence or disability of the mayor and shall receive such additional
compensation for such services as the mayor would receive therefor if
present and acting.

The council shall have the authority to adopt such rules and to appoint
such officers, committees and clerks as may be proper for the regulation of
its proceedings and the convenient transaction of its business; to compel
the attendance of absent members; to punish its members for disorderly
behavior, and by a vote of two-thirds of its members to expel a member for
malfeasance or misfeasance in office, or gross neglect of official duty. It
shall keep a journal in which the clerk shall record the proceedings of such
session, and the same shall be properly indexed. All resolutions and ordi-
nances shall be signed by the presiding officer and the city clerk and shall be
recorded in a book which shall-be properly indexed. All ordinances of the
council shall be taken judicial cognizance of by all courts of this city.

The council shall meet at such times as may be prescribed by ordinance
or resolution; provided, however, that it shall hold at least one regular
meeting every two weeks. No business shall be transacted at a special meet-
ing, except that for which it shall have been called, unless all members of
ie council attend such special meetings or give their written consent
thereto. :

The meetings of the council shall be open to the public. A majority of
the members shall constitute a quorum for the transaction of business, but
no ordinance shall be passed, and no resolution adopted having for its
object the appropriation of money, except by a concurrence of a majority
of all the council. All voting except on procedural motions shall be by roll
call and the ayes and noes shall be recorded in the journal. No member of
the council shall participate in the vote of any ordinance, resolution, motion
or vote in which he, or any person, firm or corporation for which he is
attorney or agent, has a financial interest other than as a minority stock-
holder of a corporation or as a citizen of the city.

§ 15-231.4:20. The consolidated city shall have and may through the
council exercise all powers which are now or may hereafter be confe
upon or delegated to cities under the Constitution and laws of the Common-
wealth and all other powers pertinent to the conduct of the city government
the exercise of which is not expressly prohibited by the said Constitution
and laws and which are necessary or desirable to promote the order, com-
fort, convenience and morals of its inhabitants, as fully and completely as
though said powers were specifically enumerated in this charter and no
enumeration of particular powers in this charter shall be held: to be ex-
clusive but shall be held to be in addition to this general grant of powers.

§ 15-231.4:21. The Council shall have control of the fiscal and legis-
lative affairs of said city, and shall adopt such ordinances and by-laws
CH. 552] ACTS OF ASSEMBLY 785

relative to the same as it may deem proper. It shall have all powers granted
by general law and by this charter and shall have in addition the specific
powers set forth in this charter.

§ 15-231.4:22. To the extent permitted by the Constitution of Vir-
ginia the council may assess against and collect from the owners of real
property benefited thereby, not exceeding fifty per centum of the cost of
public improvements. The council shall prescribe the time and manner in
which the said assessment shall be payable, and when levied it shall be a lien
on the property against which it is assessed from the date of such assess-
ment; but no such assessment on abutting property shall be made until a
plan of such improvement shall have been made by the city engineer, an
estimate of the cost and the amount to be paid by each abutting owner,
such plan and estimate to be filed in the clerk’s office of the council and a
hearing given to said abutting owners before said council or committee
thereof, after notice. But no owner of abutting property shall be required
to pay the cost of paving sidewalks adjacent to his property until the streets
along said property shall have been opened, graded, guttered and curbed.

§ 15-231.4:23. For the execution of its powers and duties, the Council
may raise taxes annually by assessment in said city on all subjects not
withheld from city taxation by the State and such subjects of taxation as
have been, or may be, segregated to the city by the State, for the purpose
of taxation, such sums of money as may be necessary to defray the expenses
of the same, and in such manner as it shall be expedient.

All goods and chattels, wheresoever found, may be distrained and sold
for taxes assessed and due thereon, and no deed of trust or mortgage on
goods and chattels shall prevent the same from being distrained and sold
for taxes against the grantor in such deed.

There shall be a lien on real estate for the city taxes as assessed there-
on from the commencement of the year for which they are assessed. The
council may require real estate in the city delinquent for nonpayment of
taxes to be sold for said taxes, with interest thereon at the legal rate.
pu real estate shall be sold and may be redeemed in the manner provided

y law.

§ 15-231.4:24. The tax rate ori all property of the same class within
the city shall be uniform; provided that the council shall have power to
levy a higher tax in such areas of the city as desire additional or more
complete services of government than are desired in the city as a whole
and, in such case, the proceeds therefrom shall be so segregated as to enable
the same to be expended in the areas in which raised. Provided further,
that such higher tax rate shall not be levied for school, police or general
government services but only for those services which prior to consolida-
tion were not offered in the whole of all of the consolidated political sub-
divisions.

§ 15-231.4:25. At least thirty days before the end of each fiscal year,
the council shall pass an annual appropriation ordinance which shall be
based on the budget submitted by the city manager, and shall levy such
tax as shall not be in conflict with the general law for the ensuing fiscal
year as may be necessary to meet the appropriations made and all sums
required by law to be raised on account of the city debt, together with such
addition, not exceeding five per centum, as may be necessary to meet the
commissions, fees and abatements from the estimates in the amount of
taxes collected. The total amount of appropriations shall not exceed the
estimated revenues of the city.

§ 15-231.4:26. At the close of each fiscal year, or upon the completion
or abandonment at any time within the year of any work, improvement or
other object for which a specific appropriation has been made, the unencum-
bered balance of each appropriation shall revert to the respective fund from
786 ACTS OF ASSEMBLY [VA., 1956

which it was appropriated and shall be subject to further appropriation;
except that balances due, or to become due, on contracts for public improve-
ments shall not so revert. No money shall be drawn from the treasury of
the city, nor shall any obligation for the expenditure of money be incurred,
except pursuant to the appropriations made by the council.

§ 15-231.4:27. The council may, in the name, and for the use of the
city, contract debts and make and issue or cause to be made and issued as
evidence thereof, bonds, notes, or other obligations upon the credit of the
city, or otherwise provided by law; provided that no bond shall be for a
longer term than the probable life of the improvement for which the bonds
are issued, as determined by the council by ordinance, and provided
nen that all bonds so issued shall be either serial bonds or sinking fund

nds.

§ 15-231.4:28. All bonds, contracts, deeds and other papers shall be
executed by the city manager, under the direction of the council, and the
seal of the corporation shall be affixed and attested by the city clerk.

(§ 15-231.4:29 deleted.) .

§ 15-231.4:30. All contracts for the erection and construction of
public improvements shall be let by competitive bids, but the council, in its
discretion, may reject any or all bids, and notice shall be given thirty days
before the work is finally let by advertisements in one or more newspapers,
and the party to whom said contract shall be let shall give such bond as
the council may require; but in no event shall any contract be let to any
member of the council or other officer of the city government, nor shall any
member have any interest in said contract; provided, however, that the
council may have such work done and public improvements made under its
immediate direction in any case involving expenditures of sums not ex-
ceeding twenty-five hundred dollars, and may employ such superintendents,
mechanics, laborers and teams and purchase such material as may be
necessary therefor.

§ 15-231.4:31. After bids have been advertised for and received for
making any public improvements or doing any public work, the council may
authorize the making of such improvements or doing such work by the
direct employment of the necessary labor and purchase of the necessary
materials and supplies on the basis of detailed estimates submitted by the
department authorized to execute such work or improvements; provided
the probable cost of such work or improvement as shown by such estimates
is less than the bid of the lowest responsible bidder for the same work or
improvement; and provided, further, that the city manager shall certify in
writing to the council that in his opinion the cost of making such improve-
ment or doing such work will not exceed the said estimate. Separate ac-
“ounts shall be kept of all work and improvements so done or made.

§ 15-231.4:32. In emergency requiring immediate action, the city
Manager may cause any such improvement to be made or other public
work to be done by direct employment of the necessary labor and purchase
of the necessary material and supplies without previously advertising for
or receiving bids therefor. Every such case shall be reported by him in
writing to the council at its next regular meeting with a statement of the
facts constituting such emergency. Separate accounts shall be kept of all
such work; provided, that nothing in this or the next proceeding section
shall prevent the said city from doing maintenance and repair work by di-
rect labor and from maintaining a reasonable force of men for that purpose.

§ 15-231.4:33. When it becomes necessary in the prosecution of any
work or improvement under contract to make alterations or modifications
of such contract, such alterations or modifications shall be made only on
the order of the city manager. No such order shall be effective until the
price to be paid for the work and materials, or both, and the credits, if
any, to be allowed the city, under the altered or modified contract, shall
have been agreed upon in writing and signed by the contractor and by the
city manager. Provided, however, that alterations or modifications in-
volving an increase or decrease of more than $2,500 in the aggregate shall
be first approved by council.

§ 15-231.4:34. The council may establish and maintain a jail or jails
and a jail farm, within or without the city, and subject to the general laws
of the State, the council shall have the power to provide by ordinance for
the employment or the working, either within or without the city limits
er within or without the city prison, jail or city farm, of all prisoners
sentenced to confinement in said prison, jail or city farm for the violation
of the laws of the Commonwealth of Virginia or the ordinances of the city.

§ 15-231.4:35. The council shall, as soon as practicable after their
election, and prior to the first day of December every four years thereafter,
elect a city clerk, city attorney and the justice or justices of the Police
Court, Traffic Court, Civil Court and Juvenile and Domestic Relations
Court, each of whom shall serve for a term of four years from January
first following his election and until his successor shall have been elected
and shall have qualified.

§ 15-231.4:36. . The terms of officers elected by the council shall begin
on the first day of January following their election; provided however, the
first officers elected by the council shall assume office immediately upon
their election or as soon thereafter as may be possible. Elections there-
after shall conform to the provisions of this charter and general laws.

§ 15-231.4:37. All officers provided for in this charter shall, before
entering upon the discharge of their duties, execute bond, payable to the
Consolidated City, in such penalty and with such surety as the council may
prescribe, conditioned for the faithful discharge of their respective duties.

§ 15-231.4:38. The officers elected by the council may be removed
from office for cause after a proper investigation and hearing.

§ 15-231.4:39. The council shall appoint a city clerk and shall have
power to remove him from office. He shall be the clerk of the council,
shall keep the journal of its proceedings and shall record all ordinances in
a book kept for the purpose. He shall be the custodian of the corporate seal
of the city and shall be the officer authorized to use and authenticate it.
All records in his office shall be public records and open to inspection at any
time. He shall receive compensation to be fixed by the council.

§ 15-231.4:40. There shall be appointed by the council a city attorney
who shall be the director of the department of law. He shall devote his
full time to the duties of his office and shall not engage in the private
practice of law.
city! 15-231.4:41. There shall be the following municipal courts for the

ity:

(1) A Police Court

(2) A Traffic Court

(3) A Civil Justice Court

(4) A Juvenile and Domestic Relations Court

The council is hereby authorized to establish as many of each of these
courts and judges thereof that the council may deem necessary.

There shall be appointed by the council of the said city a justice for
each of such courts to serve for a term of four years, subject to removal for
cause, Each such justice shall be an attorney at law who has had not less
than five years experience as such. Each such justice shall receive such
compensation as may be provided by the council. Vacancies shall be filled
by the council for unexpired terms.

The council may appoint a substitute justice for each such court who
shall have the same qualifications as the justice who shall serve in the
788 ACTS OF ASSEMBLY [vA., 1956

absence, illness or inability of the justice to serve and shall during the
period of such service receive the same compensation as the justice.

The police court shall have the jurisdiction in criminal matters exer-
cised by trial justice courts in counties under general law and shall have
jurisdiction of all violations of ordinances of the city, except traffic
matters.

The traffic court shall have the jurisdiction of traffic matters as is
provided by general law for trial justices of the counties and shall have
jurisdiction of all violations of traffic ordinances of the city.

The civil justice court shall have the same jurisdiction of all civil mat-
ters as is provided by general law for trial justices of the counties and such
Smear jurisdiction not inconsistent with State Law as the council may au-

orize. ;

The juvenile and domestic relations court shall have the jurisdiction
prescribed by general law for juvenile and domestic relations courts.

Appeals and removals for each of such courts shall be the same as
provided by general law as to appeals and removals from trial justice
courts in counties.

§ 15-231.4:41.1. In the absence of the Judges and the substitute
judges of any of the municipal courts, the desk sergeants on duty at the
Police Stations shall have the same power to admit to bail persons charged
with misdemeanor as the said judges or substitute judges would have if
present, and they shall collect the fees therefor and shall report and pay
same to the officer authorized to collect fines imposed in said court, and the
said desk sergeants shall have the same power to admit to bail such per-
sons charged non-capital felonies as the judges of said courts would have
if present provided that the amount of bail bond would be required in such
felony cases shall be fixed by the judges or substitute judges thereof, and
provided that in all capital felony cases only a judge or a substitute judge
thereof, or person authorized by law to admit to bail shall act.

§ 15-231.4:42. There may be a city auditor to be appointed by the
council for an indefinite term. He shall be qualified by training and ex-
perience for the duties of his office. It shall be his duty to examine and
audit all accounts, books, records and financial transactions of the city,
and of any department, court, board, commission, office or agency there-
of, excluding such accounts as are audited by the auditor of public ac-
counts of the Commonwealth but including all trust and special funds. It
shall be his duty to make annually to the council, as soon after the end of
the fiscal year as possible but in any event not later than ninety days, a
complete audit report covering the transactions of the preceding fiscal year
as they appear in the accounts, books and records kept in the department
of finance, with such comments and recommendations as he may deem
advisable. He shall make examinations and audits of the accounts, books
and records of other departments, courts, boards, commissions, offices and
agencies subject to examination and audit by him at such times as he or the
council shall deem necessary and upon completion of each such examination
or audit shall file with the council a report thereof in writing. He shall also
transmit a copy of each such report to the city manager and to the depart-
ment, court, board, commission, office or agency covered thereby. If he
shall at any time discover any unauthorized, illegal, irregular or unsound
practice he shall forthwith lay such facts before the city manager and
council. In performing his duties he shall have access at any and all times
to all books, records and accounts of each department, court, board, commis-
sion, office or agency of the city subject to examination and audit by him.
A copy of each audit report made to the council by the city auditor shall
always be available for public inspection in the office of the city clerk during
regular business hours.
CH. 552] ACTS OF ASSEMBLY 789

_ § 15-231.4:43. The council may, by the affirmative vote of seven of
its members, pass emergency measures to take effect at the time in-
dicated therein. An emergency measure is an ordinance or resolution for
the immediate preservation of the public peace, property, health or safety,
in which the reasons for the emergency are set forth and defined. Ordi-
nances appropriating money for any such emergency may be passed as
emergency measures, but no measure for the sale or lease of city property,
or making a grant, renewal or extension of a franchise or other special
privilege, or the regulation of the rate to be charged for its service by any
public utility shall be so passed.

§ 15-231.4:44. No ordinance, unless it be an emergency measure as
hereinafter defined, or the annual appropriation ordinance, shall go into
effect until the expiration of thirty days after its final passage. If, at any
time within said thirty days, a petition signed by qualified voters equal in
number to twenty-five per centum of the electors who cast their votes at
the last preceding regular municipal election for the election of council-
men be filed with the city clerk, requesting that any such ordinance be re-
pealed or amended as stated in the petition, such ordinance shal] not become
operative until the steps indicated herein shall have been taken, or until the
time allowed for taking any such step shall have elapsed without action.
Such petition shall state therein the names and addresses of at least five
electors, who shall constitute a committee to represent the petitioners, and
who shall be officially regarded as filing the petition and shall constitute a
committee of the petitioners for the purpose hereinafter stated. Referen-
dum petitions need not contain the text of the ordinance or ordinances, the
amendment or repeal of which is sought, but shall contain the proposed
amendment if an amendment is demanded.

The city clerk shall present the petition to the council at its next
regular meeting, and thereupon the council shall proceed to reconsider the
ordinance. If, within thirty days after the filing of such petition, the or-
dinance be not repealed or amended as requested in such petition, the city
clerk shall, if so requested, by a writing signed by a majority of the com-
mittee and presented to the city clerk within twenty days after the ex-
piration of said period of thirty days, present to the electoral board of said
city, the petition and all copies thereof as one instrument, together with a
copy of the ordinance, the repeal of which is sought. Within ten days after
the filing of said petition, the board shall ascertain and certify whether the
required number of qualified voters have signed the said petition, then
within five days after the expiration of said ten days, the petition, with
the certificate attached, shall be presented by the said committee to the
corporation court of the city, or the judge thereof in vacation, and there-
upon the court, or the judge thereof in vacation, shall forthwith enter an
order calling and fixing a date for holding an election for the purpose of
submitting the ordinance to the electors of said city. Thereupon the ordi-
nance shall ipso facto be further suspended from coming into effect until
such election shall have been held, and the council of said city shall, at its
next regular meeting, repeal said ordinance. Any such election shall be held
not less than thirty, nor more than sixty, days after the date of the enter-
ing of such order. If any other election is to be held within said period,
the said court, or the judge thereof in vacation, shall direct that the ordi-
nance shall be submitted to the vote of the electors at such election. At
least ten days before any such election, the clerk of said court shall cause
the ordinance to be published once in one or more newspapers of general
circulation published in said city.

The ballots used when voting upon such ordinances shall conform in all
respects to the ballots required for an initiative election under this section,
790 ACTS OF ASSEMBLY [vA., 1956

ami the method of voting in any such election shall be as prescribed in said
section.

If in any such election the ordinance so referred or submitted be ap-
proved by a majority of the electors voting thereon, the said ordinance
shall, upon the ascertainment and certification of the results of said election
by a commissioner of election, be enacted by the council at its next regular
meeting.

Ordinances passed as emergency measures, providing for any work,
improvement or repairs certified by the city manager to be immediately
necessary to protect public property or health from imminent danger, or to
protect the city from imminent loss or liability, shall not be subject to
referendum. The certificate of the city manager in any such case shall be
conclusive. All other ordinances passed as emergency measures shall be
subject to the referendum in like manner as other ordinances, except that
they shall go into effect at the time indicated in such ordinances. If, when
submitted to a vote of the electors, an emergency measure shall be not ap-
proved by a majority of the voters voting thereon, it shall be considered
repealed as regards any further action thereon but such measure so re-
pealed shall be deemed sufficient authority for the payment in accordance
with the ordinance of any expenses incurred previous to the ascertainment
and certification by the commissioners of election of the results of the
referendum vote thereon.

§ 15-231.4:45. Proposed ordinance or ordinances, including ordi-
nances for the repeal or amendment of an existing ordinance, may be sub-
mitted to the council by petition signed by qualified voters equal in number
to ten per centum of the number of electors who cast their vote at the
last preceding regular municipal election for the election of councilmen.
Such petition shall contain the proposed ordinance in full and shall have
appended thereto, or written thereon, the names and addresses of at least
five qualified voters, who shall be officially recorded as filing the petition,
and who shall constitute a committee of the petitioners for the purpose
hereinafter stated.

All papers comprising the petition shall be assembled and filed with the
city clerk as one instrument within one hundred and twenty days from the
date of the first signature thereon; and when so filed, the clerk shall sub-
mit the same to the council at its next regular meeting, and provision shall
be made for public hearings upon the proposed ordinance.

The council shall at once proceed to consider such petition and shall
take final action thereon within thirty days from the date of the submission
thereof. If the council rejects the proposed ordinance, or proposes it in a
form different from that set forth in the petition, or fails to act finally on
it within the time stated, the committee of the petitioners may require that
it be submitted to a vote of the electors with any proposed change, addition
or amendment. In such event procedures shall conform to that prescribed
in § 15-231.4:44 for referenda on ordinances adopted by the council.

§ 15-231.4:46. There shall be a city manager who shall be the chief
executive officer of the city and shall be responsible to the council for the
proper administration of the city government. He shall be appointed by
the council for an indefinite term. He shall be chosen solely on the basis of
his executive and administrative qualifications. At the time of his appoint-
ment he need not be a resident of the city or the Commonwealth but
during his tenure of office he shall reside within the city.

The City Manager shall have power, and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

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

_ , (c) To exercise supervision and control over all departments and
divisions of the city government.

(d) To attend all regular meetings of the council, with the right to
take part in the discussion, but having no vote. He shall be entitled to
notice of all special meetings.

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

(f) To make and execute all contracts on behalf of the city, except
as may be otherwise provided in this act or by ordinance, passed in pur-
suance thereof.

(g) To act as budget commissioner, and as such to prepare and sub-
mit to the council the annual budget, after receiving estimates made by the
heads or directors of the departments, or of any board or commission not
within a department.

(h) To keep the council at all times fully advised as to the financial
conditions and needs of the city.

(i) To perform all such other duties as may be prescribed by law or
be required of him by ordinance or resolution of the council.

§ 15-231.4:47. Neither the council nor any of its members shall direct
or request the appointment of any person to or his removal from any office
or employment by the city manager or by any of his subordinates or in any
way take part in the appointment of or removal of officers and employees
of the city except as specifically provided in this charter. Except for the
purpose of inquiry the council and its members shall deal with the ad-
ministrative services solely through the city manager and neither the
council nor any member thereof shall give orders either publicly or pri-
vately to any subordinate of the city manager. Any councilman violating
the provisions of this section or voting for a motion, resolution or ordi-
nance in violation of this section shall be guilty of a misdemeanor and
upon conviction thereof shall cease to be a councilman.

At least sixty days before the end of each fiscal year, the city manager
shall prepare and submit to the council an annual budget for the ensuing
fiscal year, based upon detailed estimates furnished by the several depart-
ments and other divisions of the city government, including the schools,
elected officers, boards and commissions, according to a classification as
nearly uniform as possible. The budget shall present the following in-
formation:

(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 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 condition of the various appropriations,
the amount of appropriation remaining unencumbered and the amount of
revenues remaining unappropriated.

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

§ 15-281.4:48. The budget message shall contain the recommendation
of the city manager concerning the fiscal policy of the city, a description of
the important features of the budget plan, an explanation of all salient
changes in the budget submitted, as to estimated receipts and recommended
expenditures as compared with the current fiscal year and the last preced-
ing fiscal year, and a summary of the proposed budgets. Also a work pro-
gram showing the undertakings to be begun and those to be completed
during the next fiscal year and each of the several fiscal years in advance.

_ § 15-231.4:49. After the budget has been adopted and before the be-
ginning of the fiscal year the head of each department, board, commission
or agency shall submit to the city manager a work program which shall
show the requested allotments of the appropriations for such department,
board, commission or agency for the entire fiscal year by quarterly periods.
The city manager shall approve, with such amendments as he shall de-
termine, the allotments for each such department, board, commission or
agency and shall file the same with the comptroller who shall not authorize
any expenditure to be made from any appropriation except on the basis
of approved allotments. The aggregate of such allotments shall not exceed
the total appropriation available to said department, board, commission or
agency for the fiscal year. An approved allotment may be revised during
the fiscal year in the same manner as the original allotment was made.
at any time during the fiscal year the city manager shall ascertain that the
revenue cash receipts of the general fund or any utility for the year, plus
any cash surplus available from the preceding year, will be less than the
total appropriation to be met from such receipts, he shall reconsider the
work programs and allotments of the several departments, boards, com-
missions and agencies concerned, except the school board, and revise the
allotments so as to forestall the incurring of a deficit.

§ 15-231.4:50. Administrative Departments.—The following adminis-
trative departments are hereby created.

. Department of Finance

. Department of Public Works
Department of Public Safety

. Department of Public Welfare
Department of Public Health

. Department of Parks and Recreaton
. Department of Law

. Department of Education

The council may, by ordinance adopted by the affirmative vote of a
majority of its members, create such other departments as it may deem
necessary or expedient, and distribute the functions thereof, or establish
temporary departments for special work; and in like manner may eliminate
or combine the functions of any departments.

§ 15-281.4:51. At the head of each department there shall be a di-
rector. The city manager may be the director of any one or more depart-
ments, as provided by the council.

The director of each department shall be chosen on the basis of his
general executive and administrative ability and experience, and of his
education, training and experience in the class of work which he is to
administer.

The director of each department, except the department of law, shall
be appointed by the city manager and may be removed by him at any time,
but such appointment or removal shall be reported by the city manager to
the council at its next regular meeting. The director of the department of
finance may be the city manager if the council so provides.

The directors of the several departments shall be immediately re-
sponsible to the city manager for the administration of their respective
departments, and their advice in writing may be required by him on all
matters affecting their departments. They shall make all other reports
and recommendations concerning their departments when required by the
city manager, under such rules and regulations as he may prescribe.

§ 15-231.4:52. There shall be a department of finance which shall be
under the supervision of a director of finance, appointed by the city man-

00 ID OV OOD
ager, and which shall include the city treasurer and the city commissioner
of the revenue and their respective offices.

The director of finance shall be the administrative head of the depart-
ment of finance and as such shall have charge of the financial affairs of the
city, including such powers and duties as may be assigned to the director of
finance, or department of finance, by ordinance or resolution of the council
not juecnsistent with the Constitution and general laws of this Common-
wealth.

No money shall be drawn from the treasury of the city, nor shall any
obligation for the expenditure of money be incurred, except in pursuance
of the annual appropriation ordinance or legally enacted supplement there-
to, or subsequent resolution enacted by the council. Accounts shall be kept
for each item of appropriation made by the Council. Each such account
shall show in detail the appropriations made thereto, the amount drawn
thereon, the unpaid obligations charged against it, and the unencumbered
balance in the appropriation account, properly chargeable, sufficient to meet
the obligation entailed by contract, agreement or order.

Reassessments of real estate taxable by the city shall be made at the
time, in the manner, and by the persons as provided by general laws af-
fecting the Consolidated City.

All moneys received or collected for the use of the city from any
source shall be paid over, held and disbursed as the council may order or re-
solve, and in such depository or depositories as may be prescribed by the
council, either by ordinance or resolution. Such depository or depositories
may be required to furnish such security, and under such conditions, as
the council may prescribe, not inconsistent with general laws of the Com-
monwealth.

The director of finance shall audit all claims against the city for goods
or services. It shall also be his duty to ascertain that such claims are in
accordance with the purchase orders or contracts of employment from
which the same arise, to present such claims for approval to the council,
or such person as the council may designate; to countersign all checks by
the city treasurer in payment of such claims, which checks shall not be
valid without such signature; to keep a record of the revenues and ex-
penditures of the city in a manner which will permit reporting of those
revenues and expenditures in such form as the State Auditor of Public Ac-
counts may prescribe; and at the end of each month to prepare and submit
to the council and to the city manager statements showing the progress
and status of the affairs of the city in such form as the city manager may
prescribe.

The director of finance shall act as purchasing agent for the city and
all the departments, offices, boards, commissions, and other agencies there-
of, unless the city manager shall designate some other officer or emplovee
of the city for such purpose. The director of finance or the person desig-
nated as purchasing agent shall have such powers and duties relative to city
purchasing activities as shall be prescribed by the city manager, including
if the city manager so prescribes, the custodv and distribution of the city
supplies, materials, and eauipment, the establishment and enforcement of
specifications, and the solicitation and acceptance of competitive bids for
city purchases.

The director of finance shall perform such other duties as may be
imposed upon him by the council or city manager.

The fiscal year of the city shall begin on the first day of January an-
nuallv and end on the thirty-first day of December of the same year.

Bonds, and notes in anticipation of bonds when the issuance of bonds
has been authorized as hereinafter provided. may be issued for any purpose
for which cities of the first class are authorized to issue bonds by the Con-
794 ACTS OF ASSEMBLY (va., 1956

stitution or general laws of this State. All bonds shall be in serial form
payable, as consecutively numbered, in annual installments the first of
which shall be payable not more than one year from the date of issue of
such bonds.

Notes in anticipation of collection of revenue may be issued, when au-
thorized by the council, at any time during the fiscal year, provided that
said notes shall mature not later than twelve months after date of issue,
which amount shall not exceed the revenues anticipated.

Bonds and notes of the city shall be issued in the manner provided by
general law.

§ 15-231.4:58. The city purchasing agent shall, in manner provided by
ordinance, and under the supervision of the director of finance, purchase
all supplies for the city, including all departments, offices, boards, commis-
sions and other agencies, and sell all personal property of the city that may
have beén condemned as useless by the director of a department. He shall
have charge of such storerooms and storehouses of the city as may be pro-
vided by ordinance, in which shall be stored all supplies and materials pur-
chased by the city and not delivered directly to the various departments,
and he shall inspect or cause to be inspected all supplies delivered to de-
termine quality and quantity and conformity to specifications, and no
voucher shall be honored unless the accompanying invoice shall be endorsed
as approved by the city purchasing agent.

The city purchasing agent may require from the director of each
department, at such times as contracts for supplies are to be let, a requisi-
tion for the quantity and kind of supplies to be paid for from the appro-
priation of the department.

Upon certification that funds are available in the proper appropria-
tions such goods shall be purchased and shall be paid for from funds in the
proper department for that purpose. However, this procedure shall not
prevent the city purchasing agent from purchasing goods for cash to the
credit of the store’s account to be furnished the several departments on
requisition, goods so furnished to be paid for by the department furnished
therewith by warrant made payable to the credit of the store’s account.

Before making any purchase or sale, the city purchasing agent shall
give opportunity for competition, all proposals to be upon precise speci-
fications, and under such rules and regulations as the council shall establish.
Whenever practicable, the city purchasing agent shall furnish standard
specifications and invite bids or proposals on the basis thereof. Each order
of purchase or sale to be approved and countersigned by the city manager
or the person discharging his duties for the time being.

In cases of emergency, purchases may be made without competition.
In such cases a copy of the order issued shall be filed with the city pur-
chasing agent, together with a certificate by the head of the department,
stating the facts constituting the emergency. A copy of this certificate
shall also be attached to and filed with the voucher covering payment for
the supplies.

§ 15-231.4:54. The council of the Consolidated City shall have the
power, in lieu of the means and methods prescribed by law, to provide by
ordinance for the annual assessment and reassessment and equalization of
assessments of real estate for local taxation.

If such annual assessment or reassessment is provided for, it shall be
made by a board of three assessors, who shall be freeholders of the city,
appointed by the judges in banc of the courts of record of the city. Initial
appointments hereunder shall be for terms of one, two and three years,
respectively, commencing on January one, following the appointment;
subsequent appointments shall be for terms of three years, except appoint-
ments to fill vacancies which shall be for the unexpired term.
CH. 552] ACTS OF ASSEMBLY 795

The members of the board shall receive such compensation as shall
be fixed by the council. The council shall likewise provide such clerical
or other assistance as may be necessary, and provide for the payment of
such salaries and other expenses as may be properly incident to the work
involved. And all such compensation, salaries, expenses and other costs
incurred in connection with such assessment or reassessment shall be paid
out of the treasury of the city.

The council of the city may provide for an administrator for the
board of assessors and fix his compensation. Such administrator shall be
appointed by the director of finance of the city and shall serve at his
pleasure. If no such administrator be provided for, then the commissioner
os revenue of the city or his deputy shall act as administrator for the

oard.

Such board shall make such assessments and reassessments on the
same basis as real estate is required to be assessed under the provisions
of Title 58, of the Code of Virginia and as of the first day of January of
each year, shall have the same authority as the assessors appointed under
the provisions of Title 58 of the Code of Virginia, and shall be charged
with duties similar to those thereby imposed upon such assessors, except
that such assessments or reassessments shall be made annually and the
assessments and reassessments so made shall have the same effect as if
they had been made by assessors appointed under the provisions of Title
58 of the Code of Virginia, as amended.

§ 15-231.4:55. Notwithstanding any provisions of §§ 58-895 to 58-902,
or 58-914 of the Code of Virginia, as amended, the judges in banc of the
courts of record of the city, shall appoint for said city a board of review
of real estate assesments, to be composed of three members, who shall be
freeholders of the city. The members first appointed shall be appointed
for terms of one, two and three years, respectively, commencing on January
one, following their appointment; subsequent appointments shall be for
terms of three years, except appointments to fill vacancies, which shall be
for the unexpired terms. The members of the board shall receive per diem
compensation for the time actually engaged in the duties of the Board,
to be fixed by the council of the Consolidated City, and to be paid out of the
treasury of such city, and the council may limit the per diem compensation
to such numbers of days as, in its judgment, is sufficient for the comple-
tion of the work of the Board.

Such board of review shall have and may exercise the power to revise,
correct and amend any assessment of real estate made by said assessors
in the year in which they serve, and to that end shall have all powers
conferred upon boards of equalization by § 58-895 to 58-914, inclusive, of
the Code of Virginia, as amended. Notwithstanding any provision of said
sections, however, the board of review may adopt any regulations providing
for the oral presentation, with formal petitions or other pleadings of -re-
quests for review, and looking to the further facilitation and simplification
of proceedings before the board.

Any person, or the city, aggrieved by any assessment made by said
board of review may apply for relief in the manner provided by § 58-1145
to 58-1151, inclusive, of the Code of Virginia, as amended.

This section, and the preceding section shall not apply to the assess-
ment of any real estate assessable under the law by the State Corporation
Commission.

§ 15-231.4:56. The council shall cause to be made annually an inde-
pendent audit of all accounts, books, records and financial transactions of
the city by the auditor of public accounts of the Commonwealth or by a
firm of independent certified public accountants to be selected by the
council. The report of such audit shall be filed within such time as the
council shall specify and one copy thereof shall be always available for
public inspection in the office of the city clerk during regular business
ours.

§ 15-231.4:57. There shall be a department of public works, which
shall be headed by the director of public works who shall be a qualified
engineer who has had experience in municipal or county engineering. He
shall manage and have charge of the construction, improvement, repair
and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and
other public highways; of sewers, drains, ditches, culverts, canals and
streams and water courses; of all public landings, public wharves and
docks; of all public buildings, boulevards, squares and other public places
and grounds belonging to the city or dedicated to public use; and shall
manage all sewage disposal and reduction plants owned and operated by
the city. He shall have charge of the making and preservation of all
surveys, maps, plans, drawings and estimates for any public work, and
shall also have charge of the cleaning, sprinkling and lighting of the streets
and public places, the collecting and disposal of waste, and the preserva-
tion of contracts, papers, plans, tools, applications and equipment belong-
ing to the city, and pertaining to said department.

§ 15-231.4:58. The head of the department of public safety shall be
the director of public safety. He shall have such powers and duties as may
be assigned to him by this charter or by ordinance.

§ 15-231.4:59. There shall be within the department of public safety
a bureau of police which shall consist of the chief of police and such other
officers and employees of such ranks and grades as may be established by
ordinance. The bureau of police shall be responsible for the preservation
of the public peace, prevention of crime, apprehension of criminals, pro-
tection of the rights of persons and property, and enforcement of the laws
of the State, the ordinances of the city and all rules and regulations made
in accordance therewith. The chief of police and the other members of
the police force of the city shall have all the powers and duties of police
officers as provided by the general laws of the Commonwealth. Orders
of the city manager or the director of public safety relating to the bureau
of police shall be transmitted in all cases through the chief of police or
in his absence from the city or incapacity through an officer of the bureau
designated as acting chief by the director of public safety. Disobedience
to the lawful commands of the chief of police or violation of the rules and
regulations made by him with the approval of the director of public safety
shall be ground for removal or other disciplinary action as provided in
such rules and regulations and subject to the provisions of this charter.

§ 15-231.4:60. There shall be within the department of public safety
a bureau of fire protection which shall consist of the fire chief and such
other officers and employees as may be provided by ordinance. The bureau
of fire protection shall be responsible for the protection from fire of life
and property within the city.

The head of the bureau of fire protection shall be the fire chief.
Orders of the city manager or the director of public safety relating to the
bureau of fire shall be transmitted in all cases through the fire chief or
in his absence from the city or incapacity through an officer of the bureau
designated as acting chief by the director of public safety. Disobedience
of the lawful commands of the fire chief or violation of the rules and
regulations made by him with the approval of the director of public
safety shall be ground for removal or other disciplinary action as provided
in such rules and regulations, subject to the provisions of this charter.
The council may by ordinance establish volunteer fire companies.

§ 15-231.4:61. The members of the fire and police forces, other than
the chiefs, shall be appointed from the list of eligibles prepared by the
personnel department and in accordance with such rules and regulations
as may be prescribed by the said city manager; provided, however, that
in case of riot, conflagration or emergency, the city manager may appoint
additional firemen and patrolmen, and officers for temporary service who
need not be in the classified service.

§ 15-231.4:62. There shall be a department of public welfare, which
shall be headed by a director of public welfare who shall be a person
trained and experienced in welfare administration.

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

The director shall have, subject to the laws of the Commonwealth
relating to public assistance, general management and control of the
department.

The director of public welfare shall be responsible for the operation
and maintenance of the city jail or jails and jail farm.

§ 15-231.4:63. There shall be a department of public health which
shall be headed by a director of public health who shall be the health
officer of the city. He shall be a graduate of an approved medical school
with not less than three years’ experience in public health work.

The director 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) in
collecting of morbidity and vital statistics; and (g) such other powers
and duties as may be assigned by ordinance.

The director of public health shall have all the powers and duties
which are now 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.

§ 15-231.4:64. There shall be a department of parks and recreation
which shall be headed by a director of parks and recreation who shall be
a person trained and experienced in recreation activities, with experience
in the administration of public recreation or parks.

The director of parks and recreation shall be responsible for: (a)
organizing and conducting recreation programs for all age groups in
various parts of the city; (b) operating and maintaining all public parks,
grounds, playfields and playgrounds of the city both within and without
its boundaries except those under the jurisdiction of the school board;
(c) operating and maintaining all city cemeteries; (d) operating ard
maintaining nurseries for flowers, vines, shrubs and trees for use in the
public parks, grounds, streets and ways of the city; (f) operating and
maintaining all buildings, museums, gardens, monuments, lakes, swimming
pools, rest rooms, restaurants, refreshment stands and other facilities
and establishments situated in public parks and grounds under the juris-
diction of the department; (g) promoting, sponsoring and managing
public concerts, entertainments and other recreational activities; and (h)
such other powers and duties as may be assigned to the department by
ordinance. The department of recreation and parks shall be permitted
to utilize grounds and buildings under the jurisdiction of the school board
at such hours and on such days as they are not in use for other educational
purposes, subject to such reasonable rules and regulations as the school
board may establish, and provided that the department of parks and
recreation shall be responsible for any damage or extra expense arising
from its use of the school grounds and buildings. When authorized by
the council and upon such terms and conditions as it may provide, the
department of recreation may lease concessions and other facilities in the
public parks and grounds under its jurisdiction, fix and collect charges
for admission to concerts, entertainments and other recreational activities
sponsored by it, and sell or exchange the surplus products of the city
nurseries. -

§ 15-231.4:65. The department of law shall consist of the city attor-
ney and such assistant city attorneys or other employees as may be pro-
vided by the council. The city attorney shall commence and prosecute all
and every suit or suits, action or actions brought by the city for or on
account of the estate, rights, trusts, privileges, claims or demands of the
same, and defend all actions or suits brought against the city or any
official thereof before any court of this Commonwealth. All matters of
law to which the city may be a party, or in anywise interested, shall be
under his supervision, direction and control, subject to the direction of
the council.

§ 15-231.4:66. The Consolidated City shall constitute a single school
division, which shall be under the control of a school board. The school
board of the Consolidated City shall consist of all members of the school
boards of the political subdivisions so consolidated. They shall serve for
a period of one year after the effective date of Consolidation. The council
shall appoint a school board of five members, to take office January one
following the expiration of one year after the date of Consolidation. The
initial terms of office of such members following the one year period after
consolidation shall be one, two, three, four and five years, respectively ;
subsequent appointments shall be for terms of five years each, except
appointments to fill vacancies, which shall be for the unexpired terms.
Except as provided in this charter the school board shall have all the
powers and duties relating to the management and control of the public
schools of the city provided by the general laws of the Commonwealth.
None of the provisions of this charter shall be interpreted to refer to or
include the school board unless the intention to do so is expressly stated or
is clearly apparent from the context.

The school board shall, on the first days of the months of January
and July in each year, transmit to the council and to the director of finance
a detailed statement of all money received by said board or placed in its
credit and all moneys disbursed by said board during the preceding six
months whether such moneys shall have been appropriated by the council
or received from any other source for the purpose of public education.
Separate accounts shall be kept by the said board of the moneys appropri-
ated by the council which shall show the balance of each class of funds
on hand under the control of said board as of the date thereof.

The said school board shall each year prepare and submit on or before
September one 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 school 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 school board shall continue in office the superintendents of public
schools in each of the consolidating political subdivisions for one year
CH. 552] ACTS OF ASSEMBLY 799

and thereafter appoint a superintendent of public schools from a list of
eligibles prepared by the State Board of Education.

The school superintendent shall be the chief executive officer of the
city schools. The school board shall appoint a clerk, other than the super-
intendent, to act as secretary of the school board.

§ 15-231.4:67. There may be a department of personnel to consist
of a director of personnel, a personnel administrator and such employees
a may ie provided by ordinance or by the order of the director consistent
therewith.

The personnel administrator shall be appointed by the director of
personnel. He shall be a person trained and skilled in personnel adminis-
tration, with a knowledge of and interest in public personnel administra-
tion. He shall be administrative assistant in personnel matters to the
director of personnel. Among the duties of the administrator will be the
following: recruit prospective employees; conduct and rate the examina-
tions; prepare and maintain a list of eligibles; certify to the appointing
officer the names of the five highest on the list; prepare and recommend
to the board position classification and pay plans for all employees in the
classified service ; maintain a roster of all persons in the city’s service which
will show each person’s work or position, title, salary, and other useful
information; certify pay rolls of all persons employed according to the
provisions of the ordinance; recommend to the board a system of in-service
training and employee welfare activities; be continuously watchful of
the operation of the personnel policies; and through his professional litera-
ture and otherwise keep up with the experience of other cities, so that
he may be in a position to suggest to the board and to the personnel director
practices that will promote morals and efficiency in the public service.

The personnel administrator shall within six months after his appoint-
ment prepare and submit to the city manager a plan of classification and
grading for all positions in the classified service according to similarity of
authority, duties and responsibilities. The city manager shall give public
notice and hold public hearings prior to adoption of the initial plan. There-
after, changes in the plan may be recommended by the administrator which
go into effect when approved by the-city manager.

§ 15-231.4:68. Within thirty days after adoption of the classification
plan, the administrator shall prepare and recommend to the director of per-
sonnel a pay plan consisting of a salary range for each class of position in
the classified service, which shall provide for regular increases within such
range to be earned by length of service and by satisfactory service. The
city manager shall transmit the pay plan with his recommendation to the
city council which shall have the power to adopt the same by ordinance with
or without changes. After adoption by the council the pay plan shall
remain in effect until amended by the council on the recommendation of the
city manager.

§ 15-231.4:69. The council of the Consolidated City may establish a
retirement plan for city employees.

§ 15-231.4:70. There may be a department of public utilities, which
shall be headed by a director, under the supervision and control of the city
manager, who shall have charge of such public utilities as may be acquired
and operated by the city. If the council elects to discontinue any commis-
sions, which may be vested with such responsibilities by any of the con-
solidating political subdivisions.

§ 15-231.4:71. There may be a department of home and farm demon-
stration which shall consist of an agricultural agent, who shall be the di-
rector of farm and home demonstration, a home demonstration agent, and
such assistants and employees as may be authorized. The Consolidated
800 ACTS OF ASSEMBLY [vA., 1956

City may have and exercise all powers which are now or may hereafter be
conferred upon counties under the laws of the Commonwealth pertinent to
the conduct of county demonstration work and appropriations to promote
agriculture.

§ 15-231.4:72. There shall be one clerk of each court of record for
said city, who shall be elected in the manner and for the term provided by
general law. Such clerks shall receive in compensation for their services
the fees and emoluments allowed by law to clerks, as provided by general
law and such ileaeinices as the council may from time to time deem just
and proper.

§ 15-231.4:73. There shall be a city sergeant for the consolidated city
and he and his deputies shall act as bailiffs for the courts of record of the
city and shall have the powers conferred on city sergeants by general law;
provided that unless otherwise provided by ordinance neither the sergeant
nor his deputies shall have any duties in relation to the jail or jail farm.
Compensation of the sergeant and his deputies shall be fixed as provided
by general law, but the council may supplement such compensation.

§ 15-231.4:74. The judges in banc of the courts of record of the city,
shall appoint for said city one justice of the peace for each ten thousand
or fraction thereof of the inhabitants thereof, as shown by the last United
States census, but in no event less than five justices, each of whom shall
serve for a term of four years from the first day of January next following
the date of his appointment and until his successor shall have been ap-
pointed and qualified.

§ 15-231.4:75. In the event one of the consolidating political sub-
divisions has a constable elected by the people, such constable shall serve
for the remainder of the term for which he was elected as constable of
the consolidated city. Thereafter, there shall be elected one constable for
the city, who shall hold his office for a term of four years, and until his suc-
cessor be elected and qualified, unless sooner removed from office. Said con-
stable shall keep his office in some convenient place in the city as may be
designated by the council, and shall receive such compensation for his serv-
ices, as is allowed by law. He shall in all civil cases have the same powers
and duties and be subject to the same penalties as are prescribed by law for
other constables, and shall perform such other duty as the council may
ordain, or may be prescribed by the laws of the state. The constable may
appoint one or more deputies: who shall take the oath of office before the
clerk of the corporation court and shall perform the same duties as the con-
stable, and for whose acts the constable shall be liable.

§ 15-231.4:76. If any clause, sentence, paragraph, or part of this
article shall for any reason be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate the
remainder of said act, but shall be confined in its operations to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.

§ 15-231.4:77. This article shall be known as the general consolida-
tion charter of nineteen hundred, fifty-six.

§ 15-231.4:78. This article shall without reference to any other
statute, be full authority for the consolidation of such political subdivisions,
it being the purpose of this article to provide an additional and supplemental
method of consolidation applicable to such political subdivisions.

2. An emergency exists and this Act shall be in full force and effect from
the date of its passage.