CHAPTER 553

An Act to permit the Cities of Hampton, Newport News and Warwick,
acting pursuant to Section 15-220 et seq. of the Code of Virginia, 1950,
and Acts Amendatory thereto, to incorporate in the provisions of the
agreement providing for consolidation of all three cities certain
optional provisions which may be set forth in whole or in part in
any agreement submitted in a referendum on consolidation of all
three cities, and to provide for the provisions which may be included

therein.
[H 352]
Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. Whereas, pursuant to Section 15-220, et seq., of the Code of Virginia
and Acts Amendatory thereto, the Cities of Hampton, Newport News and
Warwick, Virginia are drafting an agreement to effectuate the consolida-
tion of al] three said cities; and whereas, an emergency exists, the General
Assembly of Virginia doth grant unto the said three cities acting pursuant
to said sections the following optional and permissive provisions which may
be contained in whole or in part in any agreement which is submitted to
the duly qualified voters of each of the three cities for their approval.
2. These optional provisions herein set forth are in addition to and may
be in lieu of other provisions granted by the General Assembly in the
regular session of 1956, and Section 15-220 et seq. and Amendments
thereto, to the cities of Hampton, Newport News and Warwick, to draft a
consolidation agreement for all three said cities; provided, that in the
event any of the provisions contained in this act are included in such
consolidation agreement, no provisions not therein contained shall be
included in or be a part of the charter of the consolidated city.

Part I. Permissive Transitional Provisions for Consolidation

§ 1. Transitional period.—There shall be a transitional period to
effect the orderly transition of the three former cities into one consolidated
city. Said transitional period shall be not in excess of five years as by the
agreement specifically set forth. During said transitional period the con-
solidated city may maintain the services of the three former cities and
shall reorganize and consolidate the departments nf the consolidated city.

§ 2. Assets and Liabilities—The consolidzred city shall become and
be liable for the bonded indebtedness and current debts and obligations
of the former Cities of Hampton, Newport News, and Warwick, and shall
become liable for the obligations and other liabilities of said former three
cities, both in law and equity, arising out of any act of said former three
cities for which they would have been liable, and consolidated city shall
faithfully observe, keep and perform every such liability, and the consoli-
dated city may sue in its Corporate name on all bonds, notes, accounts, or
contracts payable to the said city, t:.2 former three cities. The title to all the
property, all rights and privileges and things of value and other assets of the
said former three cities, and their rights and privileges under and con-
tracts, including any and all moneys belonging to the former three cities,
and their books, records, papers, and other things of value, shall vest in
and become the property of the consolidated city. In the same manner and
to the same extent as provided above, all property, rights and privileges,
things of value, and other assets, and all bonded and other debts, obliga-
tions, and other liabilities of the school boards of the said former three
cities, at the time of the effective date of this charter are hereby vested in
the school board of the consolidated city.
§ 3. Assessments and Taxes.—All ordinances concerning assess-
ments and taxes levied by the former Cities of Hampton, Newport News,
and Warwick in effect on the effective date of this agreement may remain
in full force and effect for a period of not more than five years after the
effective date of the consolidation within the limits only of the cities in
which the assessments and tax levies were originally applicable, and said
assessments and tax levies shall not be increased during the said period
of two years, except for permanent capital improvements made after the
consolidation and during said two years provided the nature of said per-
manent capital improvements are approved by a majority of the qualified
voters of the consolidated city at a special election called for the purpose
as provided in this agreement (Part II § 6).

§ 4. Name of Consolidated City.—The councils of the cities of
Hampton, Newport News and Warwick shall agree upon a name for the
consolidated city prior to the first consolidation referendum, and said name
together with the agreement and charter shall be the name, agreement, and
charter of the consolidated city, and wherever in this act the words “con-
solidated city’ appear the same shall be construed to mean the name agreed
upon prior to the first consolidation referendum, but the consolidated city
shall not be designated as the city of Hampton Roads.

§ 5. Existing Agreements.—All leases, agreements, pension and re-
tirement rights, franchises, contracts and obligations of whatever nature,
in effect between any of the political subdivisions forming said city and
any person, firm, or corporation, at the time this agreement becomes effec-
tive shall remain in full force and effect and the obligations, condition,
covenants, and agreements, therein contained, shall be as binding and faith-
fully kept and performed by said city and by all contracting parties as
though they were made in the original directly with the consolidated city.

§ 6. Existing Ordinances——Unless amended, modified or repealed
by the city council, all ordinances of the three cities forming the consoli-
dated city shall remain in full force and effect for a period of five years
after the effective date of the consolidation, within the territorial] limits
only, of the cities in which the ordinances were originally applicable.
Thereafter, unless reenacted by a council as a general ordinance, all ordi-
nances of each of the three cities shall be null and void.

§ 7. Employees.—Upon the effective date of this agreement, all per-
sons regularly duly employed by the former City of Hampton, the former
City of Newport News, and the former City of Warwick shall become em-
ployees of the consolidated city at the same rate of pay received from said
former cities until changed by council. Said employees shall perform the
duties they were assigned prior to consolidation during the transitional
period or until the reorganization of the city departments has been effected ;
provided that the city manager may during said transitional period pro-
mote, demote, dismiss, change job classification, reduce or increase the com-
pensation or salaries of any employee, all subject to the approval of the
city council.

§ 8. Housing Authority.—All riguts, powers, liabilities, and benefits
of the former City of Hampton and the former City of Warwick resulting
from agreement or arising by law in the Regional Housing Authority
shall inure to the consolidated city, and the representatives of the former
City of Hampton and the former City of Warwick to the Regional Hous-
ing Authority at the time of the effective date of this agreement shall
continue on said commission as if the consolidated city had originally been
a party to the agreement of the Regional Housing Authority; and all the
rights, powers, liabilities, and benefits of the former City of Newport
News resulting from agreement of arising by law in the Newport News
CH. 553] ACTS OF ASSEMBLY 803

Housing Authority shall inure to the consolidated city and the represen-
tatives of the former City of Newport News on the Authority at the
time of consolidation shall continue as the representatives of the consoli-
dated city as if the consolidated city had originally been a party to the
agreement of the Newport News Housing Authority. The council of the
consolidated city shall have the right to amend, consolidate or change the
name of said housing authorities or commissions and establish the repre-
sentatives thereon and fix tenure of office of members thereon.

§ 9. Location of Municipal Government Seat.—The council of the
consolidated city shall acquire and set apart as a seat of government for
the consolidated city sufficient land area within the consolidated city;
said seat of government shall be established at a location at the center of
population and geography of the consolidated city or as close thereto as it
is reasonably practical so to do. None of the seats of government of the
former cities shall be the seat for the consolidated city but all buildings at
the seats of the three former cities shall be utilized to serve the needs of
the people. Until such time as said municipal seat be erected the seats of
government of each of the three former cities comprising the consolidated
city shall be maintained and used for city services for the people within
the territorial limits of the three former cities, and the meetings of the city
council of the consolidated city shall be rotated equally among the three
existing seats of government. All existing municipal buildings at the time
of consolidation shall be utilized to serve the needs of the people within the
territorial limits of each of the three former cities during the transitional
period or until the use of the same be deemed impractical.

§ 10. Notary Public.—All certificates of acknowledgments to deeds
and other writings taken and certified by a Notary Public or other officer
originally duly authorized to take acknowledgments in the former City of
Hampton, the former City of Newport News, and the former City of
Warwick, which have consolidated under this agreement, prior to the
normal expiration date of the commission of such Notary Public or other
officer, are declared to be valid to the same extent they would have been
valid as if such Notary Public or other officers had been commissioned for
the consolidated city.

§ 11. Peninsula Airport Commission.—All the rights, powers and
liabilities of the former City of Hampton, the former City of Newport
News, and the former City of Warwick resulting from any agreement or
arising by law in the Peninsula Airport Commission shall be acquired by
the consolidated city and the representation of the former Cities of Hamp-
ton, Newport News, and Warwick at the time of consolidation shall con-
tinue as the representatives of the consolidated city as if the consolidated
city had originally been a party to the creation of the Peninsula Airport
Commission until their successors are appointed by the council of the con-
solidated city.

§ 12. Registrar—Upon the effective date of this agreement the
Registrars in office in each of the three cities shall continue to hold office
until the expiration of their terms to which they were appointed; said
incumbents shall be eligible for reappointment to office to perform their
duties within the territorial limits of the three respective former cities.
Until there be established one municipal seat of government for the con-
solidated city there shall be three general registrars serving the areas of
the three former cities.

§ 13. Representation in General Assembly.—The consolidation of the
former City of Hampton, the former city of Newport News, and the
former City of Warwick as a city under the provisions of this agreement
shall in no wise operate to effect the representation in the General Assembly
804 ACTS OF ASSEMBLY [VA., 1956

of Virginia to which the people of the said cities were entitled to at the
time of consolidation except that all of the qualified voters comprising the
consolidated city shall be entitled to vote for all four of the candidates for
election to the House of Delegates; and candidates shall be residents and
qualified voters of the consolidated city; and all of the qualified voters
of the former Cities of Hampton and Newport News shall be entitled
to vote for candidates for the Senate of Virginia from the thirty-second
Senatorial District until changed in accordance with law, and the former
City of Warwick shall remain and be considered a part of the thirty-first
Senatorial District until changed in accordance with law. The distribu-
tion and apportionment of members of the House of Delegates for the
twenty-seventh, forty-first, seventy-second, and seventy-sixth House Dis-
tricts shall comprise one House District with four members of the House
of Delegates for the consolidated city until changed by law.

(§ 14. omitted.)

15. Water, Sewerage and Sewage Disposal Systems.—The consoli-
dated city shall acquire all of the rights, privileges, and liabilities of the
former City of Hampton, the former City of Newport News, and the former
City of Warwick respective to the law under which its interest in any water
supply system and any sewage disposal systems have been and are being
installed, and all rights and privileges granted by the Commonwealth of
Virginia or by the United States of America to the former Cities of Hamp-
ton, Newport News, and Warwick.

§ 16. Referendum on Consolidation and Effective Date of Agreement.
—The agreement entered into by the Cities of Hampton, Newport News,
and Warwick, pursuant to the provisions of law, may be submitted to the
qualified voters of said cities at the election to be held on the second Tuesday
in November, 1956, and if approved by a majority of the qualified voters in
each of said three cities shall be effective on the first day of January, 1958.

Part II. Permissive Provisions Uv..cerning City Council and
. Elections Thereto.—

§ 1. Election of Councilmen.—The Judges of the Courts of Record of
each City which is to be consolidated shall issue a writ of election for an
election to be held within one hundred and twenty (120) days following the
referendum on consolidation, at which time there shall be elected by the
qualified voters of all the cities which are to be consolidated the council of
the consolidated city. Such election shall in all respects conform to the
provisions of general law made and provided.

The council of each city which is to be consolidated shall within sixty
(60) days following the referendum on consolidation, divide the said re-
spective cities into councilmanic districts as follows: The City of Hampton
shall be divided into three councilmanic districts so that the population con-
tained in each shall be as nearly equal as it is reasonably practical to so do,
based upon the most recent available census survey; the names of the
councilmanic districts may be Chesapeake-Phoebus, Hampton, and Wythe,
and due consideration shall be given to the location of established geo-
graphic and historical names. The City of Newport News shall be divided
into three councilmanic districts so that the population contained in each
shall be as nearly equal as it is reasonably practical to so do, based upon
the most recent available census survey; the names of two of the council-
manic districts may be Newport News and Huntington, and due considera-
tion shall be given to the location of established geographic and historical
names. The City of Warwick shall be divided into three councilmanic dis-
tricts so that the population contained in each shall be as nearly equal as it
is reasonably practical to so do, based upon the most recent available census
survey; the names of the councilmanic districts may be Warwick, Denbigh
CH. 553] ACTS OF ASSEMBLY 805

and Hilton, and due consideration shall be given to the location of estab-
lished geographic and historical names. .

At the election called by the Judges of the Courts of Record as herein-
above set forth, following the expiration of the said sixty (60) days, there
shall be a general city election, and at the election each of the nine (9)
councilmanic districts of the consolidated city shall be entitled to a council-
man who shall be a resident and qualified voter of the councilmanic district
from which he is elected, but all councilmen shall be elected by the qualified
voters of the city at large. All of the aforesaid councilmen of the con-
solidated city elected, shall take office on the effective date of this agree-
ment and shall hold office for a term until the 30th day of June, 1961. The
next councilmanic election shall be on the second Tuesday of June begin-
ning with an election on the second Tuesday of June, 1961 and the term of
the councilmen elected at such election beginning July 1, following their
election for a term of four (4) years.

The candidate from each councilmanic district receiving the highest
number of votes cast in the city at large shall be declared elected.

Effective in the year 1963 if it appears that the population in any coun-
cilmanic district exceeds that of any other councilmanic district by so much
as three thousand inhabitants, the council of the consolidated city shall re-
district the city into nine (9) councilmanic districts by changing the bound-
aries of existing councilmanic districts so that no one councilmanic district
shall exceed any other councilmanic district by more than three thousand
inhabitants.

Such redistricting of councilmanic districts shall be effective for
the councilmanic elections to be held on the second Tuesday of June, 1965.
At said elections councilmen shall be elected as above provided and every
four (4) years thereafter.

§ 2. Vacancies in Office of Councilmen.—Vacancies in the office of
councilmen, from whatever cause arising, shall be filled for the unexpired
portion of the term within sixty (60) days from the occurrence of the
vacancy. Such councilmen shall be elected by a vote of the people at a
special election held for that purpose.

Compensation of Councilmen.—Councilmen shall receive the
sum of $100.00 per month as compensation for their services and the
Mayor shall receive the sum of $125.00 per month.

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

§ 5. Voting.—No ordinance, resolution, motion, or vote shall be
adopted by the council except at a meeting open to the public and except
motions to adjourn, to fix the time and place of adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative votes of a majority of the members present and voting. All
voting, except on procedural motions, shall be by roll call and the ayes
and nayes shall be recorded in the journal.

§ 6. Submission of Propositions to the Qualified Voters of the City.—
The council shall have authority to order by resolution directed to all of
the Courts of Record, or the Judges thereof in vacation, the submission to
806 ACTS OF ASSEMBLY [VA., 1956

the qualified voters of the city for an advisory referendum on any pro-
posed ordinance or amendment to the city charter. Upon receipt of such
resolution, the Courts of Record, or the Judges thereof in vacation, shall
order an election to be held thereon not less than thirty (30) days nor
more than sixty (60) days after the receipt of such resolution. The
election shall be conducted and the result thereof ascertained and deter-
mined in the manner provided by law for the conduct of general elec-
tions and by the regular election officials of the city.

If a petition requesting the submission of an amendment to the
charter, set forth in such petition, signed by qualified voters equal in
number to twenty-five (25) per cent of the largest number of votes cast
in any general or primary election held in the city during the five years
immediately preceding is filed with the Clerks of all of the Courts of
Record for the consolidated city, they shall forthwith certify that fact to
the judges of all of the Courts of Record for the consolidated city. ;

The Courts or the Judges thereof in vacation shall order an election
to be held not less than thirty (30) nor more than sixty (60) days after
such receipt, in which such proposed amendment shall be submitted to the
qualified voters of the city for their approval or disapproval. Such elec-
tion shall be conducted and the results thereof ascertained and determined
in the manner provided by law for the conduct of general elections and by
the regular election officials of the city. If a majority of those voting
thereon at such election approve the proposed amendment such result
shall be communicated by the Clerks of all of the Courts of Record of the
consolidated city to the two houses of the General Assembly and the repre-
sentatives of the city therein with the same effect as if the council had
adopted a resolution requesting the General Assembly to adopt the
amendment.

§ 7. Election of Mayor and Vice-Mayor.—At the first meeting of the
council after this agreement becomes effective, and at each succeeding
meeting immediately following the taking of office of councilmen after a
general councilmanic election, the council shall choose by majority vote
of all the members thereof one of their number to be mayor and one to
be vice-mayor for the ensuing term. The mayor shall preside over the
meetings of the council and shall have the same right to vote and speak
therein as other members. He shall have no veto power. He shall be
recognized as the head of the city government for all ceremonial purposes,
the purposes of military law, and the service of civil process. The vice-
mayor, in the absence or disability of the mayor shall perform the duties
of mayor, and if a vacancy shall occur in the office of mayor, the vice-
mayor shall become mayor for the unexpired portion of the term. In the
absence or disability of both the mayor and the vice-mayor, the council
shall by majority vote of those present choose one of their number to
perform the duties of mayor.

§ 8. Clerk to the Council.—The Council shall appoint a clerk to the
council for an indefinite term. He shall keep the journal of the council’s
proceedings and shall record all ordinances in a book kept for the purpose.
He shall be the custodian of the corporate seal of the city and shall be the
officer authorized to use and authenticate it. He shall cause copies of
all minutes and resolutions and ordinances of the council to be recorded
in the office of the Clerks of all Courts of Record in the City. He shall
receive such compensation as clerk to the council as may be determined
by the council.

§ 9. Powers of City Council.—All powers of the consolidated city as
a body politic and corporate shall be vested in the council except as
otherwise provided in this agreement. The council shall be the policy
determining body of the city and shall be vested with all the rights and
powers conferred on councils of cities of the first class, not inconsistent
with this agreement. In addition to the foregoing the council shall have
the following powers:

(a) To have full power to inquire into the official conduct of any
office or officer under its control, and to investigate the accounts, receipts,
disbursements, and expenses of any city employee; for these purposes it
may subpoena witnesses, administer oaths and require the production of
books, papers, and other evidence; subpoenas issued by the council shall be
enforced by the corporation court of the city in the manner provided by
general law.

(b) To provide for the performance of all the governmental func-
tions of a city; and to that end to provide for and set up all departments
and agencies of government that shall be necessary. Whenever it is not
designated by law or by ordinance what officer or employee of the city
shall exercise any power or perform any duty conferred upon or required
of the city, or any officer thereof, then any such power shall be exercised
or duty performed by that officer or employee of the city so designated by
the city manager. Any activity which is not assigned by the provisions
of this act to specific departments or agencies of the city government shall,
upon recommendation of the city manager, be assigned by the council to
the appropriate department or agency. The council may further, upon
recommendations of the city manager, create, abolish, reassign, transfer,
or combine any city functions, activities or departments.

(c) After the close of each fiscal year the council shall cause to be
made an independent audit of the accounts, books, records, and financial
transactions of the city by the Auditor of Public Accounts of the Common-
wealth of Virginia 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 clerk to the council
during regular business hours. Either the council or the city manager
may at any time order an examination or audit of the accounts of any
officer or department of the city government. Upon the death, resigna-
tion, removal or expiration of the term of any officer of the city, the
Director of Finance shall cause an audit and investigation of the accounts
of such officer to be made and shall report the results thereof to the city
manager and the council. In case of death, resignation, or removal of
the Director of Finance, the council shall cause an audit to be made of
his accounts. If as a result of any such audit, an officer be found indebted
to the city, the council shall proceed forthwith to collect such indebtedness.

(d) The council shall fix a schedule of compensation for all city
officers and employees which shall provide uniform compensation for like
service. The council may by ordinance define certain classes of city
officers and employees whose salaries shall be set by the city manager,
except that this provision shall not apply to the constitutional officers, the
heads of city departments, and judges.

(e) To prescribe the amount and condition of surety bonds to be
required of such officers and employees of the city as the council may
prescribe.

§ 10. Vacancies in Constitutional Offices.—Vacancies in the offices of
treasurer, commissioner of the revenue, city sergeant, the clerks of all
of the Courts of Record and the attorney for the Commonwealth, shall be
filled by the Judges of all of the Courts of Record, or the Judges thereof
in vacation sitting in banc with the provisions of general law.

(PART III omitted.)
(PART IV., §§ 1, 2 and 3 omitted.)

§ 4. Eleventh Judicial Circuit—The consolidated city shall continue
to be in the Eleventh Judicial Circuit of Virginia and the Circuit Court of
the consolidated city shall be the court for such Judicial Circuit. Upon the
effective date of this agreement the Circuit Court of the former city of
Newport News shall be abolished and all actions of every kind which were
pending in the Circuit Court of the former City of Newport News at the
effective date of consolidation shall automatically be transferred to and
shall proceed to final judgment in the Corporation Court of the consoli-
dated city.

§ 5. The jurisdiction of the Corporation Court of the consolidated
city shall extend throughout the consolidated city; all actions or proceed-
ings which could be brought or instituted in the Corporation Court of
the former city of Newport News may only be instituted or prosecuted in
the Corporation Court. The person who held office as judge of the Corpo-
ration Court of the former city of Newport News immediately preceding
consolidation shall be and continue to be the judge of the Corporation
Court of the consolidated city for the term to which elected or appointed.
He shall continue to hold such office in all respects in accordance with the
general law relating to the office of judge of a corporation court. Vacancies
occurring by expiration of term or otherwise shall be filled in the manner
provided by general law. The judge of the Corporation Court of the con-
solidated city shall perform all duties and acts and have all power imposed
or conferred by law on the judge of a corporation, hustings or circuit court.

§ 6. All actions of every kind, criminal and civil, which were pending
in the Corporation Court of the former city of Newport News and in the
Circuit Court of the former City of Newport News at the effective date of
consolidation shall be automatically transferred to and retained in identical
status in the Corporation Court of the consolidated city and shall proceed
to final judgment in such latter court. The corporation court of the con-
solidated city shall have full authority to issue writs, enforce judgments
and decrees and exercise every manner of judicial function in relation to
the actions and proceedings pending in the corporation court of the former
city of Newport News and the circuit court of the former city of Newport
News as though no change had been made in the status of such latter courts.

§ 7. The jurisdiction of the Hustings Court of the consolidated city
shall extend throughout the consolidated city; all actions or proceedings
which could only be brought or instituted in the Circuit Court of the former
city of Warwick may only be instituted or prosecuted in the Hustings
Court. The person who held office as judge of the Circuit Court of the
former city of Warwick immediately prior to consolidation shall be and
continue to be the judge of the Hustings Court of the consolidated city for
the term to which elected or appointed. He shall continue to hold such of-
fice in all respects in accordance with the general law relating to the of-
fice of judge of a hustings or corporation court. Vacancies occurring by
expiration of term or otherwise shall be filled in the manner provided by
general law. The judge of the Hustings Court of the consolidated city
shall perform all duties and acts and have all powers imposed or conferred
by law on the judge of a corporation, hustings, and circuit court.

§ 8. All actions of every kind, criminal and civil, which were pend-
ing in the Circuit Court of the former city of Warwick at the effective date
of consolidation shall be automatically transferred to and retained in
identical status in the Hustings Court of the consolidated city and shall
proceed to final judgment in such latter court. The Hustings Court of the
consolidated city shall have full authority to issue writs, enforce judg-
ments and decrees and exercise every manner of judicial function in rela-
tion to the actions and proceedings pending in the Circuit Court of ‘the
CH. 553] ACTS OF ASSEMBLY 809

former city of Warwick as though no change had been made in the status
of such latter court.

§ 9. The area of the consolidated city within the territorial limits of
the former City of Warwick shall upon the effective date of this agreement
no longer be a part of the Fourteenth Judicial Circuit of Virginia, but such
area in the consolidated city shall be a part of the Eleventh Judicial Cir-
cuit as herein above set forth.

§ 10. The person who held office as the sole judge or senior judge of
the Fourteenth Judicial Circuit of Virginia immediately preceding con-
solidation shall be, as hereinabove provided, the judge of the Hustings
Court of the consolidated city. Such person holding the position of sole
judge of the Fourteenth Judicial Circuit of Virginia may continue to
execute the duties of judge of the Fourteenth Judicial Circuit if designated
so to do by the Supreme Court of Appeals. Upon the election of another
judge for the Fourteenth Judicial Circuit such designation shall terminate.

§ 11. There is hereby created for the consolidated city an additional
court of record to be known as the Law and Chancery Court of the con-
solidated city. Provided, however, that such court shall not be operative
unless and until (a) the Supreme Court of Appeals certifies to the Gov-
ernor that there is a necessity for such court due to congestion in the
dockets of the other courts of such consolidated city, and (b) the con-
solidated city has a population of more than two hundred thousand as
shown by a United States Census or the council of the city, proceeding
under Section 15-19 of the Code of Virginia, has had a census taken of the
population of the city, which census shows the population of the city to be
more than two hundred thousand.

§ 12. The juries for the trial of cases in any court of record of such
city shall be chosen at large from the consolidated city.

§ 13. Each of the courts of record of the consolidated city shall have
jurisdiction over all actions and proceedings of whatever nature in the
consolidated city, be they criminal or civil, at law or in equity, provided
that the law and chancery court, when created, shall have no criminal
jurisdiction. The judge of any court of record of the consolidated city,
either on his own motion or that of any party to the proceeding, may trans-
fer for final disposition to any other court of record of such city, any mat-
ter, civil or criminal provided that no criminal matter shall be transferred
to the law and chancery court when created. The judge of any court of the
consolidated city may, on his own motion, designate one of the judges of
any other court of record of such city, to sit for him in his court and hear
and determine any matter pending in the court of the judge making the
designation without the intervention of the Supreme Court of Appeals.

13.1. The judges of the several courts of record for the consolidated
city shall act en banc in making appointments to fill vacancies occurring
in any office in the city which are filled or to be filled by the judge of a
court of record and in case of a disagreement the vote of a majority of such
judges shall be binding. Provided that each judge shall, for his court,
have power to make appointments of guardians ad litem and receivers and
any other appointments incident to the trial, hearing or disposition of any
judicial proceeding pending therein.

§ 14. Clerks of the Courts of Record.—There shall be for each Court
of pxoxd in the consolidated city a Clerk of Courts as provided by gen-
eral law.

§ 14.1. Circuit Court; Clerk.—That person who held office as Clerk
of the Circuit Court for the former City of Hampton immediately preced-
ing consolidation shall be and continue to be the Clerk of the Circuit Court
of the consolidated city until the expiration of his term and his successor
has qualified. (Part I—8§ 4).

§ 14.2. Corporation Court; Clerk.—That person who held office as
810 ACTS OF ASSEMBLY [vA., 1956

Clerk of the Corporation Court and Circuit Court for the former City of
Newport News immediately preceding consolidation shall be and continue
to be the Clerk of the Corporation Court of the consolidated city until the
expiration of his term and his successor has qualified. (Part I—§ 4).

§ 14.3. Hustings Court; Clerk.—That person who held office as Clerk
of the Circuit Court of the former City of Warwick immediately preceding
consolidation shall be and continue to be the clerk of the Hustings Court
of the consolidated city until the expiration of his term and his successor
has qualified. (Part I—§ 4).

§ 14.4. Law and Chancery Court; Clerk.—There shall be a Clerk of
the Law and Chancery Court, if and when created, who may be one of the
Clerks of the other Courts of Record. The judge of the Law and Chancery
Court may appoint the Clerk until the next election of Clerks of Courts
of Record as provided by general law.

§ 15. Wherein it is provided that actions or proceedings shall only
be brought or instituted in one of the above courts of record, said court and
its clerk’s office shall be the court and clerk’s office for the probating and
recordation of wills, appointment and qualification of fiduciaries, save when
it may become necessary to appoint a fiduciary in the progress of a suit
pending in such courts, the ex parte settlement of accounts of fiduciaries,
the docketing of judgments and recordation in the mode prescribed by law
of deeds and other papers authorized or required to be recorded, appellate
jurisdiction of appeals from respective division of courts not of record,
and all motions to correct erroneous assessments on real estate within such
respective territorial limits in the consolidated city.

All of the above actions and proceedings which could only be brought
or instituted in the Circuit Court for the former City of Hampton may only
be brought in the Circuit Court of the consolidated city ; all of above actions
and proceedings which could only be brought or instituted in the Corpora-
tion Court and the Circuit Court for the former City of Newport News may
only be brought in the Corporation Court of the consolidated city; all of the
above actions and proceedings which could only be brought or instituted
in the Circuit Court for the former City of Warwick may only be brought
in the Hustings Court of the consolidated city.

§ 16. There shall be maintained in the consolidated city within the
respective territorial limits of the three former cities at least one court of
record and its clerk’s office for the convenience of the inhabitants of the
respective territorial areas.

Part V. Permissive Provisions for Department of Education
The following provisions may be included in the consolidation agree-

t:

§ 1. School Board and Superintendent of Schools.—The department
of education shall consist of the city school board, the division superinten-
dent of schools, and the officers and employees thereof. Except as other-
wise provided in this agreement, the city school board and the division
superintendent of schools shall exercise all the powers conferred and per-
form all the duties imposed upon them by general law.

§ 2. The school board of the consolidated city shall be composed of
nine trustees, who shall be appointed by council; there shall be three trus-
tees who shall be residents and qualified voters within the territorial limits
of the former cities of Hampton, Newport News, and Warwick from each
of the said areas. The school trustees of the former Cities of Hampton,
Newport News and Warwick shall become the school trustees of the con-
solidated city on the effective date of this agreement, and continue to serve
until the expiration of the term for which they were appointed. When the
number of school trustees have reduced below nine, the council shall fill
such vacancies as occur in staggered terms from one year to not more
than five years.

men
CH. 553] ACTS OF ASSEMBLY 811

§ 3. The persons holding office as division superintendent of schools
of the former Cities of Hampton, Newport News and Warwick on the effec-
tive date of this agreement shall continue as division superintendent of
schools for the consolidated city within the territorial limits of the respec-
tive three cities until the expiration of their term of appointment, there-
after the division superintendent of schools for the consolidated city shall
be appointed and serve for a term of office as prescribed by general law.

Part VI. Permissive Provisions for Department of Public Utilities

The following provisions may be incorporated in the consolidation
agreement.—

§ 1. Department of Public Utilities There may be a department of
public utilities, which shall consist of the director of public utilities to be
appointed by the city manager and such other officers and employees or-
ganized into such bureaus, divisions, and other units as may be provided by
ordinance or by the orders of directives consistent therewith.

§ 2. Functions.—The department of public utilities shall be re-
sponsible for the construction, operation and maintenance of the water-
works system of the consolidated city, and such other public utilities as
may be acquired and operated by the city.

§ 3. Director of Public Utilities—The head of the department of
public utilities shall be the director of public utilities. He shall have gen-
eral management and control of the several bureaus, divisions, and other
units of the department.

§ 4. Enabling Act.—All of the provisions, obligations, and directions
of Chapter 530, Acts of Assembly, 1926, and all amendments thereto, con-
cerning the waterworks system shall continue in full force and effect as
al the consolidated city was in the original act the city set forth in said
ac

§ 5. Existing Ordinances Concerning Waterworks System.—tThe or-
dinances of the former City of Newport News in effect on the effective date
of consolidation providing for the operation of the waterworks system and
the fixing of rates and charges for the use of water shall remain in full
force and effect until changed by the council of the consolidated city, pro-
vided, however, that all ordinances or parts of ordinances providing for the
operation of the waterworks system by a commission may be repealed and
the commission may be abolished on the effective date of consolidation and
the waterworks system be operated as by this agreement provided.

Part VII. Permissive Provisions for Port Authority

The following provisions may be incorporated in the consolidation
agreement:

§ 1. Port and Industrial Authority —There may be established a port
and industrial] authority for the consolidated city to be known as the Port
and Industrial Authority for the consolidated city.

§ 2. Enabling Act.—All of the provisions and powers set forth in
Chapter 46, Acts of Assembly, 1952, are hereby granted to the consolidated
city as though the consolidated city were the city set forth in said chapter.

§ 3. Existing Ordinances.—All ordinances of the former City of
Newport News concerning the port authority on the effective date of con-
solidation shall remain in full force and effect until changed by council.

Commissioners.—All commissioners of the port authority in
office on the effective date of consolidation shall serve until the expiration
of their terms of office as commissioners of the Port Authority of the con-
solidated city until their successors are appointed by council and have

qualified.
Part VIII. Permissive General Provisions
The following optional provisions may be incorporated in the agree-
ment for consolidation of all three said cities:
§ 1. The agreement shall provide powers to the consolidated city
which are provided by general law and which have been granted unto the
sane of Hampton, Newport News and Warwick by their respective

Ts.

§ 2. The agreement shall provide for a city manager and matters
concerning his appointment, tenure, compensation, residence, powers and
duties which have been granted unto the Cities of Hampton, Newport
News and Warwick in their respective charters. .

§ 3. The agreement shall provide for administrative, financial and
purchasing administration provisions which have been granted unto the
Cities of Hampton, Newport News, and Warwick by their respective
charters.

§ 4. The agreement shall provide for any one or more of the follow-
ing departments: Law, Personnel, Public Safety, Public Works, Health,
Public Utilities, Public Welfare, Records, Education, Parks and Recrea-
tion, and Board of Equalization and Assessments which have been granted
unto the Cities of Hampton, Newport News, and Warwick by their re-
spective charters.

§ 5. The agreement shall provide for a Planning Commission and
Board of Zoning Appeals as provided by general law.

Part IX. Further Provisions

CHAP 1
TERRITORY COMPRISING CITY

The territory comprising the consolidated city shall consist of all
of the territories comprising the cities of Hampton, Newport News and
Warwick, as the same now are or may hereafter be established by law.
The boundaries of such city shall be construed to embrace all wharves,
docks and other structures of every description that have been or may
hereafter be erected along the waterfront of said city, and any contiguous
territory ceded to the Commonwealth of Virginia by any government or
agency thereof.

CHAP 2
POWERS

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

§ 2.02. Financial Powers.—In addition to the powers granted by
other sections of this charter the City shall have power:

(a) To raise annually by taxes and assessments in the City such sums
of money as the council shall deem necessary to pay the debts and defray
the expenses of the City, in such manner as the council shall deem ex-
pedient, provided that such taxes and assessments are not prohibited by
the laws of the Commonwealth. In addition to, but not as a limitation
upon, this general grant of power the city shall, when not prohihited by
the laws of the Commonwealth, have power to levy and collect ad valorem
taxes on real estate and tangible personal property and machinery and
tools, and a capitation tax not exceeding one dollar per annum on each
CH. 553] ACTS OF ASSEMBLY 813

resident of the Commonwealth within the limits of the City; to levy and
collect taxes for admission to or other charge for any public amusement,
entertainment, performance, exhibition, sport or athletic event in the
city, which taxes may be added to and collected with the bills rendered pur-
chasers of such service; to require licenses, prohibit the conduct of any
business or profession without such a license, require taxes to be paid on
such licenses in respect of all businesses and professions which cannot, in
the opinion of the council, be reached by the ad valorem system; and to
require licenses of owners of vehicles of all kinds for the privilege of using
the streets, alleys and other public places in the City, require taxes to be
paid on such licenses and prohibit the use of streets, alleys and other
public places in the City without such license.

(b) To borrow money for the purposes and in the manner provided
by Chapter (7) of this charter.

(c) To make appropriations, subject to the limitations imposed by
this charter, for the support of the city government and any other pur-
poses authorized by this charter or by the general laws of the Common-
wealth and not prohibited by the laws of the Commonwealth.

(d) To appropriate, without being bound by other provisions of this
charter, not more than five hundred thousand dollars in any one fiscal year
for the purpose of meeting a public emergency threatening the lives, health
or property of the inhabitants of the City, provided that any such appro-
priation shall require at least seven affirmative votes of the council and
that the ordinance making such appropriation shall contain a clear state-
ment of the nature and extent of the emergency.

(e) To accept or refuse gifts, donations, bequests or grants from any
mouree for any purpose related to the powers and duties of the city govern-
ment.

7" fo To provide, or aid in the support of, public libraries and public
schools.

(g) To grant financial aid to military units organized in the City
in accordance with the laws of the Commonwealth, and to charitable or
benevolent institutions and corporations, including those established for
scientific, literary or musical purposes or the encouragement of agriculture
are itn mechanical arts, whose functions further the public purposes of
the city.

(h) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, members of the police and fire de-
partments, teachers and other employees of the school board, judges,
clerks, deputy clerks, bailiffs and other employees of the municipal courts,
and to establish a fund or funds for the payment of such pensions by mak-
ing appropriations out of the treasury of the city, by levying a special tax
for the benefit of such fund or funds, by requiring contributions payable
from time to time from such officers or employees, or by any combination
of these methods or by any other method not prohibited by law, provided
that the total annual payments into such fund or funds shall be sufficient
on sound actuarial principles to provide for the pensions to be paid there-
from, and provided further that the benefits accrued or accruing to any
person under such system shall not be subject to execution, levy, attach-
ment, garnishment or any other process whatsoever nor shall any assign-
ment of any such benefits be enforceable in any court, provided however,
that no vested rights of any person in any of the retirement systems in
existence at the time of consolidation in the cities of Hampton, Warwick,
or Newport News shall be adversely affected.

(i) To provide for the control and management of the fiscal affairs
of the city, and prescribe and require the adoption and keeping of such
books, records, accounts and systems of accounting by the departments,
814 ACTS OF ASSEMBLY [vA., 1956

boards, commissions, courts or other agencies of the city government pro-
vided for by this charter or otherwise by law as may be necessary to give
full and true accounts of the affairs, resources and revenues of the City
and the handling, use and disposal thereof. .

2.03. Powers Relating to Public Works, Utilities and Properties.—
In addition to the powers granted by other sections of this charter, the
city shall have the power:

(a) To lay out, open, extend, widen, narrow, establish or change the
grade of, close, construct, pave, curb, gutter, adorn with shade trees, other-
wise improve, maintain, repair, clean and light streets, including limited
access or express highways, alleys, bridges, viaducts, subways and under-
passes, make and improve walkways upon streets and improve and pave
alleys within the city; and the city shall have the same power and authority
over any street, alley or other public place ceded or conveyed to the city
or dedicated or devoted to public use as over other streets, alleys and other
public places. a

(b) To acquire, construct, own, maintain and operate, within and
without the city public parks, parkways, playfields and playgrounds, and
to lay out, equip and improve them with all suitable devices, buildings and
other structures.

(c) To collect and dispose of garbage and other refuse and to con-
struct, maintain and operate, within and without the city, incinerators,
dumps or other facilities for such purposes. .

(d) To construct, maintain and operate, within and without the city,
sewers, drains, culverts and sewage disposal works. ;

(e) To assess the whole or part of the cost of making and improving
walkways on then existing streets, improving or paving existing alleys, or
constructing sewers, culverts and drains, upon the owners of land abutting
thereon or on the street or alley in which such sewer, culvert, or drain is
laid, provided that the amount of such assessment shall not exceed the
peculiar benefit resulting to the landowner from the improvement; pro-
vided further, that in lieu of any such assessment for the construction of
a sewer, culvert or drain, the City may assess and collect an annual sewer
tax as compensation for the use thereof, and may provide for the com-
mutation thereof upon such terms and conditions as the council may pro-
vide by ordinance, but such assessment shall not be in excess of the peculiar
benefit resulting therefrom to such abutting landowners; and provided
further, that the City may acquire by condemnation or otherwise any
interest or right of any owner of abutting property in the use of any
sewer, culvert or drain, and thereafter charge such landowner for the
use of such sewer, culvert or drain. The City may order such improve-
ments to be made and the cost thereof apportioned in pursuance of an
agreement between the City and the abutting landowners.

(f£) To construct, maintain and equip all buildings and other structures
necessary or useful in carrying out the powers and duties of the City.

(gz) To sell, lease or dispose of, except as otherwise provided in this
charter and in the Constitution and laws of the Commonwealth, land,
buildings and other property of the city, real and personal.

(h) To control and regulate the use and management of all property
of the City, real and personal.

(i) To acquire, construct and maintain or authorize the construction
and maintenance of bridges, viaducts, subways or underpasses over or
under any river, stream, creek or ravine when any portion of such bridge,
viaduct, subway or underpass is within the city limits, and to charge or
authorize the charging of tolls for their use by the public, and to require
compensation for their use by public utility, transmission or transporta-
tion companies, except as the right to require such compensation is affected
by any contract heretofore or hereafter made with the company concerned.
CH. 553] ACTS OF ASSEMBLY 815

(j) To authorize by ordinance, in accordance with the Constitution
and laws of the Commonwealth, the use of the streets for the laying down
of street railway tracks and the operation of street railways therein under
such conditions and regulations as may be prescribed by such ordinance
or by any future ordinance, or to acquire by agreement or condemnation
any such street railway and maintain and operate the same. a.

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

(1) To acquire, construct, own, maintain and operate, within and
without the City, airports and all the appurtenances thereof; provide for
their management and control by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; charge or authorize the charging of compensation for the
use of any such airport or any of its appurtenances; lease any appurte-
nance of any such airport or any concession incidental thereto or, in the
discretion of the council, lease any such airport and its appurtenances with
the right to all concessions thereon to, or enter into a contract for the
management and operation of the same with any person, firm or corpora-
tion on such terms and conditions as the council may determine by ordi-
nance.

(m) To acquire, construct, own, maintain and operate, within and
without the City, stadia, arenas, swimming pools and other sport facilities;
provide for their management and control by a department of the city
government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of compen-
sation for the use of or admission to such stadia, arenas, swimming pools
and other sport facilities, including charges for any services incidental
thereto; lease, subject to such regulations as may be established by ordi-
nance, any such stadium, arena, swimming pool or other sport facility or
any concession incidental thereto, or enter into a contract with any person,
firm or corporation for the management and operation of any such stadium,
arena, swimming pool or other sport facility, including the right to all
concessions incident to the subject of such contract, on such terms and
conditions as the council may determine by ordinance.

(n) To acquire, and to construct, own, maintain and operate, within
and without the City, water works, gas plants, atomic plants, and electric
plants, with the pipe and transmission lines incident thereto, and to
charge and collect compensation therefor, and to provide penalties for
the unauthorized use thereof; to acquire by purchase, condemnation or
otherwise from lower riparian owners the right to divert streams into
the present or any future reservoir.

(0) To acquire, construct, own, maintain and operate, within and
without the City, landings, wharves, docks, canals and the approaches to
and appurtenances thereof, tracks, spurs, crossings, switchings, terminals,
warehouses and terminal facilities of every kind and description necessary
or useful in the transportation and storage of goods, wares and merchan-
dise; perform any and all services in connection with the receipt, delivery,
816 ACTS OF ASSEMBLY [vA., 1956

shipment and transfer in transit, weighing, marking, tagging, ventilating,
refrigerating, icing, storing and handling of goods, wares and merchandise ;
prescribe and collect charges from vessels coming into or using any of
the landings, wharves and docks, and from persons using any of the
facilities above described; provide for the management and control of
such facilities or any of them by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; lease any or all of such facilities or any concessions properly
incident thereto to any person, firm or corporation or contract with any
person, firm or corporation for the maintenance and operation of any or
all of such facilities on such terms and conditions as the council may
determine by ordinance; apply to the proper authorities of the United
States to grant to the City the privilege of establishing, maintaining and
operating a foreign trade zone within or without the City; regulate the
use of other landings, wharves and docks located on any river, stream,
or body of water within or contiguous to the City; prevent and remove
obstructions from the harbor of such river, stream or body of water and
in, upon or near the landings, wharves, docks or canals adjacent thereto,
and collect from the person or persons responsible for such obstructions
the cost of their removal; close or discontinue the use of any such wharf,
landing, dock or canal now owned or hereafter acquired by the City and
upon the closing or discontinuance of such use the same shall thereupon
be forever discharged from any public use or easement or from any
obligation theretofore imposed by reason of such public use or easement
by statute or otherwise.

§ 2.04. Power to Make Regulations for the Preservation of the
Safety, Health, Peace, Good Order, Comfort, Convenience, Morals and
Welfare of the City and Its Inhabitants——In addition to the powers
granted by other sections of this charter the City shall have power to
adopt ordinances, not in conflict with this charter or prohibited by the
general laws of the Commonwealth, for the preservation of the safety,
health, peace, good order, comfort, convenience, morals and welfare of its
inhabitants and among such powers, but not in limitation thereof, the City
shall have power:

(a) To provide for the prevention of vice, immorality, vagrancy and
drunkenness; prevention and quelling of riots, disturbances and disorderly
assemblages; suppression of houses of ill-fame and gambling places;
prevention of lewd and disorderly conduct or exhibitions; and prevention
of conduct in the streets dangerous to the public.

(b) To regulate the construction, maintenance and repair of buildings
and other structures and the plumbing, electrical, heating, elevator,
escalator, boiler, unfired pressure vessel, and air conditioning installations
throng for the purpose of preventing fire and other dangers to life and

ealth.

(ec) To provide for the protection of the city’s property, real and
personal, the prevention of the pollution of the city’s water supply, and
the regulation of the use of parks, playgrounds, playfields, recreational
facilities, landings, docks, wharves, canals, airports, and other public
property, whether located within or without the City. For the purpose of
enforcing such regulations all city property wherever located shall be
under the police jurisdiction of the City. Any member of the police force of
the City or employee thereof appointed as a special policeman shall have
power to make arrests for violation of any ordinance, rule or regulation
adopted pursuant to this section and the Municipal Court shall have juris-
diction in all cases arising thereunder within the City and the trial justice
court of the county wherein the offense occurs shall have jurisdiction in
all cases arising thereunder without the City.

(d) To grant or authorize the issuance of permits under such terms
CH. 553] ACTS OF ASSEMBLY 817

and conditions as the council may impose for the use of streets, alleys
and other public places of the City by railroads, street railways, buses,
taxicabs and other vehicles for hire; prescribe the location in, under or
over, and grant permits for the use of, streets, alleys and other public
places for the maintenance and operation of tracks, poles, wires, cables,
pipes, conduits, bridges, subways, vaults, areas and cellars; require tracks,
poles, wires, cables, pipes, conduits and bridges to be altered, removed or
relocated either permanently or temporarily; charge and collect compensa-
tion for the privileges so granted; and prohibit such use of the streets,
alleys and other public places of the city, and no such use shall be made
of the streets, alleys or other public places of the City without the consent
of the council.

(e) To prevent any obstruction of or encroachment over, under or in
any street, alley, sidewalk or other public place; provide penalties for
maintaining any such obstruction or encroachment; remove the same
and charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroaching, and collect the sum charged
in any manner provided by law for the collection of taxes; require the
owner or owners or the occupant or occupants of the property so obstruct-
ing or encroaching to remove the same; pending such removal charge the
owner or owners of the property so obstructing or encroaching compensa-
tion for the use of such portion of the street, alley, sidewalk or other public
place obstructed or encroached upon the equivalent of what would be the
tax upon the land so occupied if it were owned by the owner or owners
of the property so obstructing or encroaching, and, if such removal shall
not be made within the time ordered, impose penalties for each and every
day that such obstruction or encroachment is allowed to continue there-
after; authorize encroachments upon streets, alleys, sidewalks or other
public places, subject to such terms and conditions as the council may
prescribe, but such authorization shall not relieve the owner or owners,
occupant or occupants of the property encroaching, of any liability for
negligence on account of such encroachment; and recover possession of
any street, alley, sidewalk or other public place or any other property of
the City by suit or action in ejectment.

(f) To prescribe the route and grade of any railroad laid in the City,
regulate the operation of locomotives and cars, and exclude such loco-
motives and cars from the City, provided no contract between the City
and the Corporation operating such locomotives or cars is violated by
such action.

(g) To regulate the operation of motor vehicles and exercise control
over traffic in the streets and parking areas of the City and provide
penalties for the violation of such regulations, provided that ordinances
or administrative regulation adopted by virtue of this subsection shall
not be inconsistent with the provisions of Title 46 of the Code of Virginia.
All fines imposed for the violation of such ordinances and regulations shall
be paid into the City treasury.

(h) To regulate, in the interest of public health, the production,
preparation, distribution, sale and possession of milk, other beverages and

oods for human consumption, and the places in which they are produced,
prepared, distributed, sold, served or stored; regulate the construction,
installation, maintenance and condition of all water and sewer pipes, con-
nections, toilets, water closets and plumbing fixtures of all kinds; regu-
late the construction and use of septic tanks and dry closets, where sewers
are not available, and the sanitation of swimming pools and lakes; provide
for the removal thereof; compel the use of sewers, the connection of
abutting premises therewith, and the installation in such premises of suit-
able sanitary facilities; regulate or prohibit connections to and the use
of sewers; provide for the quarantine of any person afflicted with a con-
tagious or infectious disease, and for the removal of such person to a
hospital or ward specially designated for contagious or infectious diseases;
inspect and prescribe reasonable rules and regulations, in the interest of
public health, with respect to private hospitals, sanatoria, convalescent
homes, clinics and other private institutions, homes and facilities for the
care of the sick, of children, the aged and the destitute; and make and
enforce all regulations necessary to preserve and promote public health
and sanitation and protect the inhabitants of the City from contagious,
infectious or other diseases.

(i) To regulate cemeteries and burials therein, prescribe the records
to be kept by the owners of such cemeteries, and prohibit all burials except
in a public burying ground.

(j) To regulate or prohibit the exercise of any dangerous, offensive
or unhealthful business, trade or employment, and the transportation of
any offensive or dangerous substance.

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

(1) To regulate the emission of smoke, the construction, installation
and maintenance of fuel burning equipment, and the methods of firing
and stoking furnaces and boilers.

(m) To compel the removal of weeds from private and public prop-
erty and snow from sidewalks; the covering or removal of offensive, un-
wholesome, unsanitary or unhealthy substances allowed to accumulate
in or on any place or premises; the filling in to the street level of the
portion of any lot adjacent to a street where the difference in level between
the lot and the street constitutes a danger to life and limb; and raising or
draining of grounds subject to be covered by stagnant water; the razing
or repair of all unsafe, dangerous or unsanitary public or private build-
ings, walls or structures which constitute a menace to the health, safety
and morals of the occupants thereof or the public; and to compel the
abatement or removal of any and all other nuisances whatsoever. If after
such reasonable notice as the council may prescribe by ordinance the owner
or owners, occupant or occupants of the property or premises affected
by the provisions of this subsection shall fail to abate or obviate the con-
dition or nuisance, the City may do so and charge and collect the cost
thereof from the owner or owners, occupant or occupants of the property
affected in any manner provided by law for the collection of taxes.

(n) To regulate or prohibit the manufacture, storage, transporta-
tion, possession and use of explosive or inflammable substances and the
use and exhibition of fireworks and discharge of firearms.

(o) To regulate or prohibit the making of fires in the streets, alleys
and other public places in the City and to regulate the making of fires on
private property. .

(p) To regulate or prohibit the running at large and the keeping of
animals and fowl and provide for the impounding and confiscation of any
such animal or fow] found at large or kept in violation of such regulations.

(q) To prevent cruelty to and abuse of animals.

(r) To regulate the sale of goods, wares or merchandise at auction;
regulate the conduct of pawn shops and dealers in second-hand goods,
wares and merchandise; regulate or prohibit the peddling or hawking of
any article for sale on the streets of the City; prevent fraud or deceit in the
sale of goods, wares and merchandise; require the weighing, measuring,
gauging and inspection of goods, wares and merchandise offered for sale;
require weights and measures to be sealed and subject to inspection; and
provide for the appointment of a sealer and one or more weight-masters
a shall perform such duties and functions as may be prescribed by
ordinance.
§ 2.05. Miscellaneous Powers.—The City shall also have power:

(a) To establish, maintain and operate public employment bureaus,
public markets and public baths.

(b) To establish, maintain and operate, within and without the city,
public hospitals, sanatoria, convalescent homes, clinics and other public
institutions, homes and facilities for the care of the sick, of children, the
aged and the destitute.

(c) To provide care for the poor and have all the powers and duties
conferred and imposed on cities by the laws of the Commonwealth relating
to public assistance.

(d) To establish, own, maintain and operate, within and without the
City, cemeteries for the interment of the dead, fix the price at which
graves and lots therein shall be sold, make contracts for their perpetual
care and establish the rates to be charged for the digging of graves, con-
struction of vaults and other services. ;

(e) To establish, maintain and operate, within or without the City,
a jail or jail farm, or both, for the confinement of prisoners, ordered or
sentenced to be confined therein or thereon, and a jail farm; and compel
able-bodied prisoners confined in the jail or on the jail farm to work on
such farm, or such other work as may be prescribed by ordinance. The
city may also establish, maintain and operate a regional jail or jail farm
in cooperation with neighboring counties, cities or towns, and may provide
for the establishment of a commission to operate such regional institution.

(f) To enforce its ordinances and resolutions, and inflict penalties for
any violations thereof, and in addition thereto, all money and things of
value in any-lottery or gaming case, and all money, gambling paraphernalia,
office equipment, and all other personal property of any kind or character.
used in connection with the promotion, operation or conduct of any lottery,
or attempted lottery, or any gaming case, shall be forfeited to the city and
may be seized by any officer and held to await proceedings for condemna-
tion. The procedure for the condemnation of said property so forfeited
shall be in a manner provided under existing State law. .

2.06. Enforcement of Regulations—When by the provisions
of this charter or the Constitution and general laws of the Commonwealth
the City is authorized to pass ordinances on any subject, the council may
provide suitable penalties for the violation of any such ordinances, including
ordinances effective outside the City as provided in this charter. No such
penalty shall exceed a fine of one thousand dollars or imprisonment for
twelve months or both. Upon conviction for violation of any ordinance the
court trying the case may require bond of the person so convicted with
proper security in the penalty of not more than two thousand dollars, con-
ditioned to keep the peace and be of good behavior and especially for the
period of not more than one year not to violate the ordinance for the breach
of which he has been convicted. From any fine or imprisonment imposed
an appeal shall lie as in cases of misdemeanor. Whatever any fine or penalty
shall be imposed but not paid the court trying the case may, unless an
appeal be forthwith taken, order the person convicted to be imprisoned in
the city jail or city farm for one day for each three dollars thereof and may
issue a writ of fieri facias directed to the sergeant of the city for the col-
lection of the amount due, returnable within sixty days from its issuance.
The City is hereby expressly authorized and empowered to institute and
maintain a suit or suits to restrain by injunction the violation of any ordi-
nance legally adopted by it, notwithstanding such ordinance may provide
penalties for its violation.

§ 2.07. Licenses and Permits.——Whenever in the judgment of
the council it is advisable in the exercise of any of the powers of the City or
in the enforcement of any ordinance or regulation, it may provide for the
issuance of licenses or permits in connection therewith establish the amount
of the fee to be charged the licensee or permittee and require from the
licensee or permittee a bond and an insurance policy of such character and
in such amount and upon such terms as it may determine.

(§ 2.08 omitted.)

CHAP 3
ELECTIONS

§ 3.01. Election of Councilmen.—On the second Tuesday in June,
1957 and on the second Tuesday in June in every fourth year thereafter
there shall be held a general city election at which shall be elected by the
qualified voters of the City at large nine members of the council, three of
whom shall be residents and qualified voters of the area now comprising the
City of Hampton, three of whom shall be residents and qualified voters of
the area now comprising the City of Newport News and three of whom shall
be residents and qualified voters of the area now comprising the City of
Warwick, for terms of four years from the first day of July following their
election, provided that the council first elected under this charter shall not
take office until the first day of January, 1958 and that the terms of the
members thereof shall end on the first day of July, 1961.

§ 3.02. Nominations of Candidates for Council.—There shall be
printed on the ballots used in the election of councilmen the names of all
candidates who have been nominated and the filing of a notice of candidacy
“ Revvaded herein and no others. The requirements for nomination
shall be:

(a) Any qualified voter of the City may be nominated by filing not less
than sixty days before such election, with the clerk of any court of record
of the City a petition signed by not less than fifty qualified voters of the
City each signature to which has been witnessed by a person whose affi-
davit to that effect is attached thereto, together with a notice of candidacy
required by the general laws of the Commonwealth relating to elections.

(b) The petition shall state the name and street address of the resi-
dence of the person whose name is presented thereby as a candidate, and the
street address of the residence of the persons signing the same.

§ 3.08. Conduct of General Municipal Election.—The ballots used in
the election of councilmen shall be without any distinguishing mark or
symbol. A qualified voter shall be entitled to vote for any three candidates
residing in each of the three areas referred to in § 3.01 above and no more.
In counting the vote any ballot found to have been voted for more than
three persons within any one of said three areas shall be void but no ballot
shall be void for having been voted for a less number. The three candidates
receiving the highest number of votes in each of said three areas shall be
declared elected. The general laws of the Commonwealth relating to the
conduct of elections, so far as pertinent, shall apply to the conduct of the
general municipal election.

§ 3.04. Vacancies in Office of Councilman.—Vacancies in the office of
councilman, from whatever cause arising, shall be filled for the unexpired
portion of the term by majority vote of the remaining members of the
council or, if the council shall fail to fill a vacancy in its membership within
thirty days of the occurrence of the vacancy by appointment by the judges
of the Courts of Record in banc of the City.

§ 3.05. Election of Other City Officers.—All other city officers re-
quired by the laws of the Commonwealth to be elected by the qualified
voters of the City shall be elected on the first Tuesday following the first
Monday in November preceding the expiration of the terms of office of
their respective predecessors, for such terms as are prescribed by law. All
such elective officers shall be nominated and elected as provided in the
general laws of the Commonwealth. The officers so elected or appointed
VWVUUANUII
§ 4.01. Composition—The council shall consist of nine members
elected as provided in Chapter 8. They shall receive in full compensation
for their services the sum of one hundred dollars per month. No member
of the council shall during the term for which he was elected and one year
thereafter be appointed to any office of profit under the government of the

City.

§ 4.02. Powers.—All powers vested in the City shall be exercised by
the council except as otherwise provided in this charter. In addition to the
foregoing, the council shall have the following powers:

(a) To provide for the organization, conduct and operation of all de-
ante bureaus, divisions, boards, commissions, offices and agencies of

e City.

(b) To create, alter or abolish departments, bureaus, divisions, boards,
commissions, offices and agencies other than those specifically established
by this charter.

(c) To create, alter or abolish and to assign and reassign to depart-
ments, all bureaus, divisions, offices and agencies except where such bureaus,
divisions, offices or agencies are specifically assigned by this charter.

(d) To provide for the number, titles, qualifications, powers, duties and
compensation of all officers and employees of the City.

(e) To provide for the form of oaths and the amount and condition
of surety bonds to be required of certain officers and employees of the City.

§ 4.08. Mayor.—On the second day of January, 1958, on the first
day of July, 1961 and on the first day of July of every fourth year there-
after, or if such day shall fall on Sunday then on the following Monday,
the newly elected council, having taken the oath of office as hereinafter
provided, shall proceed to choose by majority vote of all the members
thereof one of their number to be mayor and one to be vice-mayor for
the ensuing four years. The mayor shall preside over the meetings of the
council and shall have the same right to vote and speak therein as other
members. He shall be recognized as the head of the city government for
all ceremonial purposes, the purposes of military law and the service of
civil process. The vice-mayor shall in the absence or disability of the
mayor perform the duties of mayor, and if a vacancy shall occur in the
office of mayor shall become mayor for the unexpired portion of the term.
In the absence or disability of both the mayor and vice-mayor the council
shall by majority vote of those present choose one of their number to
perform the duties of mayor.

§ 4.04. City Clerk.—The council shall appoint a city clerk for an in-
definite term. 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 during
regular business hours. He shall receive compensation to be fixed by the
council and all fees received by him shall be paid into the city treasury.
He shall have such other powers and duties as may be prescribed by this
charter or by ordinance.

§ 4.05. Induction of Members.—The first meeting of a newly elected
council shall take place in such meeting place as the council shall select at
ten o’clock A. M. on the first day of July following their election or if such
day shall fall on Sunday then on the following Monday, provided that the
council first elected under this charter shall hold its first meeting on the
second day in January, 1958, at the Court room of any of the Courts of
Record. It shall be called to order by the city clerk who shall administer
the oath of office to the duly elected members. In the absence of the city
clerk the meeting may be called to order and the oath administered by any
judicial officer having jurisdiction in the City. The council shall be the
judge of the election and qualifications of its members but the decision of
the council in this matter shall be subject to review by any court of Record
of the City. The first business of the council shall be the election of a
mayor and vice-mayor and the adoption of rules of procedure. Until this
business has been completed the council shall not adjourn for a period
longer than forty-eight hours. .

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

4.07. Voting.—No ordinance, resolution, motion or vote shall be
adopted by the council except at a meeting open to the public and, except
motions to adjourn, to fix the time and place of adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative votes of at least five members. All voting except on procedural
motions shall be by roll call and the ayes and nays shall be recorded in the
journal. No member of the council shall participate in the vote on any
ordinance, resolution, motion or vote in which he, or any person, firm or
corporation for which he is attorney, officer, director, employee or agent,
has a financial interest other than as a minority stockholder of a corpora-
tion or as a citizen of the city.

§ 4.08. Ordinances. When Required.—In addition to such acts of the
council which are required by the Constitution or general laws of the
Commonwealth or by this charter to be by ordinance, every act of the
council creating, altering or abolishing any department or creating, alter-
ing, assigning or abolishing any bureau, division, office, agency or employ-
ment, fixing the compensation of any officer or employee of the City, mak-
ing an appropriation, authorizing the borrowing of money, levying a tax,
establishing any rule or regulation for the violation of which a fine or
penalty is imposed, or placing any burden upon or limiting the use of
private property pursuant to Chapter 17 of this charter, shall be by ordi-
nance.
§ 4.09. Effective Date of Ordinances.—Unless another date is speci-
fied therein and except as otherwise provided in this charter an ordinance
shall take effect on the tenth day following its passage.

§ 4.10. Procedure for Introducing Ordinances.—An ordinance may
be introduced by any member or committee of the council or by the city
manager at any regular meeting of the council or at any special meeting
when the subject thereof has been included in the notice for such special
meeting or been approved by the unanimous consent of all the members
of the council.

§ 4.11. Submission of Proposition to the Qualified Voters of the City.
—The council shall have authority to order, by resolution directed to any
court of Record of the city or the judge thereof in vacation, the submission
to the qualified voters of the City for an advisory referendum thereon any
proposed ordinance or amendment to the city charter. Upon the receipt of
such resolution the court of the city or the judge thereof in vacation shall
CH. 553] ACTS OF ASSEMBLY 823

order an election to be held thereon not less than thirty nor more than
sixty days after the receipt of such resolution. The election shall be con-
ducted and the result thereof ascertained and determined in the manner
provided by law for the conduct of general elections and by the regular
election officials of the City. If a petition requesting the submission of an
amendment to this charter, set forth in such petition, signed by qualified
voters equal in number to ten per cent of the largest number of votes cast
in any general or primary election held in the city during the five years
immediately preceding and verified as hereinafter provided, is filed with
the clerk of any court of Record of the city, he shall forthwith certify that
fact to the court or the judge thereof in vacation. The signatures to such
petition shall be verified by attaching thereto a certificate of an officer or
officers authorized to administer oaths, that the persons whose names are
signed thereto made oath before such officer or officers that they are
qualified voters of the City. Upon the certification of such petition the
court of the city or the judge thereof in vacation shall order an election
to be held not less than thirty nor more than sixty days after such certifi-
cation, in which such proposed amendment shall be submitted to the quali-
fied voters of the City for their approval or disapproval. Such election
shall be conducted and the results thereof ascertained and determined in
the manner provided by law for the conduct of general elections and by
the regular election officials of the City. If a majority of those voting there-
on at such election approve the proposed amendment such result shall be
communicated by the clerk of the court of the City to the two houses of the
General Assembly and to the representatives of the city therein with the
same effect as if the council had adopted a resolution requesting the Gen-
eral Assembly to adopt the amendment.

§ 4.12. Record and Publication of Ordinances.—Every ordinance
after passage shall be given a serial number and shall be recorded by the
clerk in a properly indexed book kept for that purpose. Within one year
after the first day of January, 1958, there shall be prepared under the
direction of the city attorney, who is hereby authorized to employ such
assistance as he deems necessary for the purpose, a codification of all ordi-
nances in force. Such codification may be passed by the council as a single
ordinance and without prior publication. Upon its passage it shall be
published in bound or loose-leaf form. This codification, to be known and
cited officially as the city code, shall be furnished to city officers and
shall be sold to the public at a price to be fixed by the council. A similar
codification shall be prepared, passed, published and distributed, as above
provided, at least every five years. It shall be the duty of the city clerk to
cause all ordinances adopted to be printed as promptly as possible after
their adoption in substantially the same style and format as the codifica-
tion of ordinances and sold at such prices as the council may establish.

§ 4.13. Appointments and Removals.—The council in making ap-
pointments and removals shall act only by the affirmative votes of at least
five members. It may remove any person appointed by it for an indefinite
term, provided that the person sought to be removed shall have been served
with a written notice of the intention of the council to remove him, con-
taining a clear statement of the grounds for such removal and fixing the
time and place, not less than ten days after the service of such notice, at
which he shall be given an opportunity to be heard thereon. After the
hearing, which shall be public at the option of the person sought to be re-
moved and at which he may be represented by counsel, the decision of the
council shall be final.

§ 4.14. Removal of Councilmen and Members of Boards and Com-
missions Appointed by the Council for Specified Terms.—Any: member of
the council or any member of a board or commission, including the school
board, appointed by the council for a specified term may be removed by
824 ACTS OF ASSEMBLY [vA., 1956

the council but only for malfeasance in office or neglect of duty. He shall
be entitled to notice and hearing as provided by the preceding section in the
case of officers appointed for indefinite terms. It shall be the duty of the
council, at the request of the person sought to be removed, to subpoena
witnesses whose testimony would be pertinent to the matter in hand.
From the decision of the council an appeal shall lie to any court of Record
of the City. Any officer, elective or appointive of the City who shall be
convicted by a final judgment of any court from which no appeal has been
taken or which has been affirmed by a court of last resort on a charge in-
volving moral turpitude shall forfeit his office or employment.

§ 4.15. Power of Investigation—The council shall have power to
investigate any or all of the departments, boards, commissions, offices and
agencies of the city government, including the school board, and any officer
or employee of the city. The council, or any of its committees when au-
thorized by the council, the City manager, the heads of all departments,
all boards and commissions appointed by the council, in any investigation
or hearing held by them, within their respective powers and duties, may
order the attendance of any person as a witness and the production by any
person of all relevant books and papers. Any person refusing or failing
to obey such order may be summoned by the judge of the Municipal Court
to appear before him and upon failure to give a satisfactory excuse to
said judge may be fined not exceeding the sum of one hundred dollars or
imprisoned not exceeding thirty days or both. Such person shall have
the right of appeal as in cases of misdemeanor to any court of Record of
the City. Witnesses shall be sworn by the officer presiding at such investi-
gation and shall be liable to prosecution for perjury for any false testimony
given at such investigation.

§ 4.16. Emergency Ordinances.—An emergency ordinance for the
immediate preservation of the public peace, health and safety may be
passed with or without amendment at any regular or special meeting; pro-
vided, such ordinance shall not remain in force longer than sixty days,
unless reenacted in the regular manner.

CHAP 5
CITY MANAGER

§ 5.01. Appointment and Qualifications—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 govern-
ment. He shall be appointed by the council for an indefinite term. He
shall be appointed by the council solely on the basis of his executive and
administrative qualifications, with special reference to his actual experience
in or knowledge of accepted practice in respect to the duties of his office.
At the time of his appointment he need not be a resident of the City or the
practical but during his tenure of office he shall reside within the
ity.
§ 5.02. Power of Appointment and Removal.—The City manager
shall appoint for an indefinite term and remove except as otherwise pro-
vided in this charter, the heads of all departments and all other officers and
employees of the City; provided that where the council is given power by
this charter to establish a board or commission for any purpose the council
may provide for the appointment of the members of such board or commis-
sion by the city manager or by the council, and for the appointment by
such board or commission of its employees. The city manager shall have
power to remove any officer or employee appointed by him, provided that
the officer or employee shall have been served with a written notice of the
intention of the city manager to remove him, containing a clear statement
of the grounds for such removal and of the time and place, not less than ten
days after the service of such notice, at which he shall be given an op-
portunity to be heard. After such hearing, which shall be public at the
option of such officer or employee, the action of the city manager shall be
final. Pending final action, the city manager may suspend from duty for
not more than sixty days any such officer or employee, provided that such
employee shall continue to receive his regular pay during such period of
suspension.

§ 5.038. Council Not to Interfere in Appointments or Removals.—
Neither the council nor any of its members shall direct or request the ap-
pointment 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 administrative
services solely through the city manager, and neither the council nor any
member thereof shall give orders either publicly or privately to any sub-
ordinate of the city manager. Any councilman violating the provisions of
this section or voting for a motion, resolution or ordinance in violation of
this section shall be guilty of a misdemeanor and upon conviction thereof
shall cease to be a councilman.

§ 5.04. Temporary Transfer of Personnel Between Departments.—
The city manager shall have power, whenever the interests of the City re-
quire, irrespective of any other provisions of this charter, to assign em-
ployees of any department, bureau, office or agency, the head of which is
appointed by the city manager, to the temporary performance of duties in
another department, bureau, office or agency.

§ 5.05. Duties.—It shall be the duty of the city manager to: (a) at-
tend all meetings of the council with the right to speak but not to vote; (b)
keep the council advised of the financial condition and the future needs of
the City and of all matters pertaining to its proper administration, and
make such recommendations as may seem to him desirable; (c) prepare
and submit the annual budget to the council as provided in Chapter 6 of this
charter and be responsible for its administration after its adoption; (d)
prepare in suitable form for publication and submit to the council not later
than its first meeting in September of each year a concise, comprehensive
report of the financial transactions and administrative activites of the city
government during the fiscal year ending on the preceding thirtieth day of
June and cause to be printed such number of copies thereof as the council
shall direct; (e) present adequate financial and activity reports at each
regular meeting of the council; and (f) perform such other duties as may
be prescribed by this charter or required of him in accordance therewith
by the council or which may be required of the chief executive officer of a
city by the general laws of the Commonwealth other than the duties con-
ferred on the mayor by this charter.

§ 5.06. Relations with Boards, Commissions and Agencies.—The city
manager shall have the right to attend and participate in the proceedings
of, but not vote in, the meetings of all boards, commissions or agencies
created by this charter or by ordinance.

§ 5.07. Acting City Manager.—The council shall designate by or-
dinance the head of one of the departments to act as city manager in case
of the absence, incapacity, death or resignation of the city manager, until
his return to duty or the appointment of his successor.

CHAP 6
BUDGET
§ 6.01. Fiscal Year.—The fiscal year of the city government shall be
established by ordinance. Such fiscal year shall also constitute the tax
year and the budget and accounting year. As used in this charter, the
term “budget year” shall mean the fiscal year for which any particular
budget is adopted and in which it is administered.
§ 6.02. Submission of Budget.—The city manager, at least fifty days
prior to the beginning of each budget year, shall submit to the council a
general budget.

§ 6.08 Preparation of Budgets.—It shall be the duty of the head of
each department, the judges of all courts, each board or commission,
including the school board, and each other office or agency supported in
whole or in part by the city, including the commissioner of revenue, the
cify treasurer, the city sergeant, the attorney for the Commonwealth and
clerks of courts to file with the city manager or with the director of finance
designated by him, at such time as the manager may prescribe, estimates
of revenue and expenditure for that department, court, board, commission,
office or agency for the ensuing fiscal year. Such estimates shall be sub-
mitted on the forms furnished by the director of finance and it shall be
the duty of the head of each such department, judge, board, commission,
office or agency to supply all the information which the city manager may
require to be submitted thereon. The director of finance shall assemble
and compile these estimates and supply such additional information re-
lating to the financial transactions of the city as may be necessary or
valuable to the city manager in the preparation of the budgets. The city
manager shall hold such hearings as he may deem advisable and with the
assistance of the director of finance shall review the estimates and other
data pertinent to the preparation of the budgets and make such revisions
in such estimates as he may deem proper, subject to the laws of the
Commonwealth relating to obligatory expenditures for any purpose, except
that in the case of the school board he may recommend a revision only in
its total estimated expenditure.

§ 6.04. Scope of the General Budget.—The general budget shall
contain:

(a) An estimate of such portion of the general fund cash surplus,
if any, at the end of the current fiscal year as it is proposed to use for
meeting expenditures in the general budget.

(b) An estimate of the receipts from current ad valorem taxes on real
estate and personal property during the ensuing fiscal year, assuming that
the proportion of the levy collected be no greater than the average pro-
portion of the levy collected in the last three completed tax years.

(c) An estimate of receipts from all other sources of revenue, pro-
vided that the estimated receipts from no such source shall exceed the
amount estimated to be received from such source in the current fiscal
year, unless a law or ordinance under which revenue from any source
is derived has been amended, or property assessments have been raised,
or a new source of revenue has been provided by law or ordinance in the
course of the current year, in which case the estimated receipts from that
source may be fixed by the city manager.

(d) A statement to be furnished by the director of finance of the
debt service requirements for the ensuing year.

(e) An estimate of the city’s cash deficit, if any, at the end of the
current fiscal year and of any other obligations required by this charter
to be budgeted for the ensuing fiscal year.

(f) An estimate of expenditures for all other purposes to be met
in the ensuing fiscal year.

All the estimates shall be in detail, showing receipts by sources and
expenditures by operating units, functions, character and object, so ar-
ranged as to show receipts and expenditures as estimated for the current
fiscal year and actual receipts and expenditures for the last preceding
fiscal year in comparison with estimated receipts and recommended ex-
penditures for the ensuing year. At the head of the budget there shall
appear a summary of the budget, which need not be itemized further than
CH. 553] ACTS OF ASSEMBLY 827

by principal sources of anticipated revenue, stating separately the amount
to be raised by property tax, and by departments and kinds of expendi-
tures, in such a manner as to present a simple and clear summary of the
detailed estimates of the budget.

§ 6.05. A Balanced Budget.—In no event shall the expenditures
recommended by the city manager in the general budget exceed the receipts
estimated, taking into account the estimated cash surplus or deficit at the
end of the current fiscal year, as provided in the preceding section, unless
property assessments have been raised or unless the city manager shall
recommend an increase in the rate of ad valorem taxes on real estate and
tangible personal property or other new or increased taxes or licenses
within the power of the city to levy and collect in the ensuing fiscal year
the receipts from which, estimated on the basis of the average experience
with the same or similar taxes during the three tax years last past, will
make up the difference. If estimated receipts exceed estimated expendi-
tures the city manager may recommend revisions in the tax and license
priiances of the city in order to bring the general fund budget into

alance.

§ 6.06. Budget Message.—The budget message submitted by the city
manager to the council shall be explanatory of the budget, shall contain an
outline of the proposed financial policies of the city for the budget year
and shall describe in connection therewith the important features of the
budget plan. It shall set forth the reasons for salient changes from the
previous year in cost and revenue items and shall explain any major
changes in financlial policy. As a part of the budget message, with rela-
tion to the proposed expenditures for down payments and other proposed
expenditures for capital projects stated in the budget, the city manager
shall include a statement of pending capital projects and proposed new
capital projects, relating the respective amounts proposed to be raised
therefor by appropriations in the budget and the respective amounts, if
any, proposed to be raised therefor by the issuance of bonds during the
budget year.

§ 6.07. Appropriation and Additional Tax Ordinances.—At the same
time that he submits the general fund budget the city manager shall
introduce in the council a general appropriation ordinance. The appro-
priation ordinance shall be based on the general fund budget but need not
be itemized further than by departments and the major operating units
thereof, and by courts, bureaus, boards, commissions, offices and agencies
submitting separate budget estimates, and by the principal object of ex-
penditure. At the same time the city manager shall also introduce any
ordinance or ordinances altering the tax rate on real estate and personal
property or levying a new tax or altering the rate of any other tax neces-
sary to balance the general fund budget as hereinbefore provided. The
hearing on the budget plan as a whole, as provided in this section shall
constitute the hearing on all ordinances referred to in this subsection.

§ 6.08. Budget a Public Record.—The budget and budget message
and all supporting schedules shall be a public record in the office of the
city manager open to public inspection after the budget has been sub-
mitted to the council and made public by it; provided, however, that no
department or agency, head or judge or board or commission, manager, or
director of finance shall divulge details of the proposed budget nor make
public statements regarding budget estimates until the budget has been
submitted to the council and made public by it. The city manager on
authorization from the council shall cause sufficient copies of the budget
message to be prepared for distribution to interested persons.

§ 6.09. Publication of Notice of Public Hearing.—At the meeting of
the council at which the budget and budget message are submitted, the
council shall determine the place and time of the public hearing on the
budget, which time shall be at least thirty days prior to the beginning
of each budget year, and shall cause to be published a notice of the place
and time, not less than seven days after date of publication, at which the
council will hold a public hearing.

§ 6.10. Public Hearing on Budget.—At the time and place so adver-
tised, or at any time and place to which such public hearing shall from
time to time be adjourned, the council shall hold a public hearing on the
budget as submitted, at which all interested persons shall be given an
opportunity to be heard, for or against the estimates or any item thereof.

§ 6.11. Action by the Council on the General Budget.—After the
conclusion of the public hearing on the general budget the council may
insert new items of expenditures or may increase, decrease or strike out
items of expenditure in the general fund budget, except that no item of
expenditure for debt service or required by law shall be reduced or
stricken out. The council shall in no event adopt a general budget in
which the total of expenditures exceeds the receipts, estimated as herein-
before provided, unless at the same time it adopts measures for providing
additional revenue in the ensuing fiscal year, estimated as hereinbefore
provided, sufficient to make up the difference.

§ 6.12. Adoption of Budget.—The budget shall be adopted by the
votes of at least a majority of all the members of the council. The budget
shall be finally adopted not later than the first day of the last month of
the fiscal year. Should the council take no final action on or prior to such
day, the budget, as submitted, shall be deemed to have been finally adopted
by the council.

§ 6.18. Additional Appropriations.—An appropriation in addition to
those contained in the general appropriation ordinance, except for the
purpose of meeting a public emergency as provided for elsewhere in this
charter, may be made by the council, by not less than a majority affirma-
tive vote of the members present, only if there is available in the general
fund a sum unencumbered and unappropriated sufficient to meet such
appropriation.

§ 6.14. Reserve for Permanent Pubic Improvements.—The council
may by ordinance establish a reserve fund for permanent public improve-
ments and may appropriate thereto any portion of the general fund cash
surplus not otherwise appropriated at the close of any fiscal year. It may
likewise assign to the said fund a specified portion of the ad valorem tax
on real estate and tangible personal property not to exceed ten cents on
the hundred dollars of the assessed valuation thereof or the whole or
part of the proceeds of any other tax.

CHAP 7
BORROWING

§ 7.01. Borrowing Power.—The City Council may, in the name and
for the use of the City, incur indebtedness by issuing its negotiable bonds
or notes for the purposes, in the manner and to the extent provided in
this chapter.

§ 7.02. Purposes for which Bonds may be Issued.—Bonds may be
issued for the purpose of financing the whole or any part of the cost of
any capital improvement project, and to refund outstanding bonds. A
capital improvement is hereby defined to include any public improvement
or utility which the city is authorized to undertake, including the acqui-
sition of any property, real or personal, incident thereto, the construction
or reconstruction in whole or in part of any building, plant, structure, or
facility necessary or useful in carrying out the powers of the City, and
in the equipment or re-equipment of the same.
§ 7.03. Limitation on Indebtedness.—Except as otherwise provided
in Sections 7.13 and 7.14 of this chapter, the City shall not issue bonds
or other interest bearing obligations to an amount which, including existing
indebtedness, shall, at any time, exceed eighteen percentum of the assessed
valuation of real estate in said City subject to taxation, as shown by the
last preceding assessment for taxes; provided, however, that in deter-
mining the limitations to the power to incur indebtedness, there shall not
be included in the classes of indebtedness specially described in subdivisions
(a) and (b) of section one hundred and twenty-seven of the Constitution
of Virginia.

§ 7.04. Notes in Anticipation of Bonds.—Whenever an issue of bonds
has been authorized as provided in this charter, the director of finance,
when authorized by resolution, shall have power to issue notes of the City
in anticipation of such bonds, for the purpose of defraying the whole or
any part of the cost of such project. Such notes shall be authenticated
by the signature of the director of finance and the city treasurer
and shall mature not later than two years after the date of issue.

§ 7.05. Form of bonds.—All bonds issued pursuant to this charter
shall be issued in accordance with the general laws of Virginia relating to
the issuance of bonds by municipalities.

(§§ 7.06, 7.07, 7.08, 7.09 and 7.10 omitted.)

§ 7.11. Payment of Bonds and Notes.—The faith and credit of the
City and all taxes and revenues paid thereto are hereby pledged for the
payment of the principal of and interest on all bonds and notes of the
City issued pursuant to this charter, except bonds for revenue producing
utilities issued pursuant to this charter and which bonds are by their
terms payable solely from the revenues derived from such utilities, whether
or not such pledge be stated in the bonds or notes or in the bond ordinance
authorizing their issue. ;

§ 7.12. Sinking Fund.—There shall be a sinking fund for the amortiza-
tion of the outstanding term bonds of the City. There shall be paid into
the sinking fund annually the sum determined by the director of finance,
and by him certified to the city manager for inclusion in the budget, to be
necessary on actuarial principles to amortize such term bonds at maturity.
The sinking fund may be invested only in bonds or other direct obligations
of the city, the Commonwealth, or the United States. The sinking fund
shall be administered by the city treasurer and such person or persons as
the council may designate.

§ 7.138. Bond Issues for Revenue Producing Utilities. The City is
hereby empowered to issue from time to time in the manner prescribed by
section one hundred twenty-seven (b) of the Constitution of Virginia bonds
of the City, for the purpose of acquiring, establishing, constructing, im-
proving or enlarging any sewage disposal system, water works, gas plant,
electric plant, garbage and trash disposal system, incinerator, toll bridge,
motor vehicle parking area or building, airport, or other public utility, from
which the City may derive a revenue; for the purpose of reimbursing the
general fund or other fund of the City for monies paid from said fund or
funds for such purposes; and/or for the purpose of funding or refunding
any existing indebtedness incurred for such purposes. Such bonds shall
not be included in determining the power of the City to incur indebtedness
within the limitation prescribed by section one hundred twenty-seven of
the Constitution of Virginia or Section 7.03 hereof; but, from and
after a period to be determined by the council, not exceeding five years from
the date of the election authorizing such bonds, whenever and for so long as
any such revenue producing utility fails to produce sufficient revenue to pay
for cost of operation and administration, including the interest and amorti-
zation of such bonds, and the cost of insurance against loss by injury to
persons or property, all such bonds outstanding shall be included in deter-
mining the limitation of the power of the City to incur indebtedness under
any provision of this charter or under the provisions of section one hundred
twenty-seven of the Constitution of Virginia. The city may, however,
issue bonds from time to time for any or all of such purposes, including
reimbursement of funds and the funding or refunding of existing indebted-
ness, in the manner prescribed by section one hundred twenty-seven (b)
of the Constitution of Virginia, the principal and interest of which bonds
shall be payable exclusively from the revenue of such revenue producing
utilities and for which payment of principal and interest the full faith and
credit of the City shall not be deemed to be pledged notwithstanding any
other provision of this charter, and such bonds shall never be included in
determining the limitation of the power of the City to incur indebtedness
under the provisions of this charter or under the provisions of section one
hundred twenty-seven of the Constitution of Virginia. ..

§ 7.14. Contents of Bond Ordinance for Revenue Producing Utili-
ties—In addition to the requirements of § 7.06 of this chapter the ordi-
nance authorizing the issuance of any bonds for any revenue producing
utility shall state either:

(a) That the bonds shall be payable from the ad valorem taxes without
limitation of rate or amount; the full faith and credit of the City is deemed
to be pledged for the payment of principal and interest thereof; and the
bonds are to be issued pursuant to the provisions of section one hundred
twenty-seven (b) of the Constitution of Virginia and are not to be included
in determining the power of the City to incur indebtedness within the
limitation prescribed by section one hundred twenty-seven of the Constitu-
tion of Virginia; provided, however, that from and after a period specified in
such ordinance not exceeding five years from the date of the election au-
thorizing the bonds, whenever and for so long as such revenue producing
utility fails to produce sufficient revenue to pay for the cost of operation
and administration, including the interest on such bonds, and the cost of in-
surance against loss by injury to persons or property, and an annual amount
to be covered into a sinking fund sufficient to pay all such bonds outstand-
ing shall be included in determining the limitation of the power of the
City to incur indebtedness; or

(b) That the principal and interest of such bonds shall be payable ex-
clusively from the revenue of such revenue producing utility, the faith and
credit of the City shall not be deemed to be pledged for the payment of such
principal and interest; and the bonds are to be issued pursuant to the pro-
vision of section one hundred and twenty-seven (b) of the Constitution of
Virginia and are never to be included in determining the power of the City
to incur indebtedness within the limitation prescribed by section one
hundred twenty-seven of the Constitution of Virginia.

§ 7.15. Borrowing to Pay Judgment. In the absence of unappropri-
ated available revenues to pay a final judgment for money which may be
recovered against the City, the council may by resolution authorize the
issuance of a note or notes, the proceeds of which shall be used to pay
such judgment, which note or notes may be renewed from time to time, but
such note or all such notes of any fiscal year and any renewals thereof,
shall be paid not later than the last day of the fiscal year next succeeding
the budget year in which such judgment was recovered.

§ 7.16. Borrowing in Anticipation of Property Taxes.—In any budget
year, in anticipation of the collection of the property tax for such year,
whether levied or to be levied in such year, the council may by resolution
authorize the borrowing of money by the issuance of negotiable notes of
the City, each of which shall be designated “tax anticipation note for the
year 19........ ” (stating the budget year). Such notes may be issued for
periods not exceeding one year and may be renewed from time to time for
periods not exceeding one year, but together with renewals shall mature and
CH. 553] ACTS OF ASSEMBLY 831

be paid not later than the end of the third fiscal year after the budget year
in which the original notes have been issued.

§ 7.17. Borrowing in Anticipation of other Revenues.—In any budget
year, in anticipation of the collection or receipt of other revenues of that
year, the council may by resolution authorize the borrowing of money by
the issuance of negotiable notes of the City, each of which shall be desig-
nated “special revenue note for the year 19........ ” (stating the budget year).
Such notes may be renewed from time to time, but all such notes, together
with the renewals, shall mature and be paid not later than the end of the
fiscal year after the budget year in which the original notes shall have been
issued.

7.18. Notes Redeemable Prior to Maturity.—No notes shall be made
payable on demand, but any note may be made subject to redemption prior
to maturity on such notice and at such time as may be stated in the note.

§ 7.19. Sale of Notes. All notes issued pursuant to the provisions of
this chapter when authorized by the council, may be sold at not less than
par and accrued interest at private sale without previous advertisement by
the director of finance, with the approval of the city manager.

§ 7.20. Payment of Notes.—The power and obligation of the City to
pay any and all notes hereafter issued by it pursuant to the provisions of
this chapter shall be unlimited and the City shall levy ad valorem taxes on
all the taxable property within the City for the payment of such notes and
interest thereon without limitation of rate or amount.

§ 7.21. Supplemental Method of Borrowing and Payment.—In addition
to any other indebtedness of the City and certificate of debt, or bonds, which
the Council of said City has issued, the Council of the said City, by four-
fifths vote thereof, may, from time to time, borrow an additional sum, or
sums of money, not exceeding in the aggregate, however, under this au-
thority, the sum of $500,000.00, (provided, however the said sum shall not
be in excess of the amount fixed by law which it may borrow), and may, in
the name and for the use of said City, cause to be issued certificates or
notes, evidencing said indebtedness, which said certificates or notes, how-
ever, shall be payable in not more than five (5) years from their date and
upon payment, or redemption of said certificates of debt, or notes, the
Council may again, by vote of four-fifths thereof, from time to time, borrow
a like sum and issue like certificates, or notes, evidencing the indebtedness
a which shall likewise be payable not more than five years from their

'g 7.22. All notes or other evidences of debt issued pursuant to
§§ 7.15 through 7.21, inclusive, of this chapter shall, unless payable within
one year of their issue, or the date of the original obligation if the issue

is a renewal, and not past due, be included in determining the limitation
on indebtedness in accordance with § 127 of the Constitution.

CHAP 8
FINANCE

§ 8.01. Department of Finance.—There shall be a department of
finance, which shall include the functions of budgeting, accounting and con-
trol, purchasing, and such other functions as may be provided by ordi-
nance.

§ 8.02. Director of Finance.—The head of the department of finance
shall be the director of finance, who shall be, or be appointed by, the city
manager. If appointed, he shall be a person skilled in accounting and finan-
cial control.

§ 8.03. Director of Finance to Give Bond.—The director of finance
shall provide a bond with such surety and in such amount as the council
may require.

§ 8.04. Director of Finance; Powers and Duties.—The director of
832 ACTS OF ASSEMBLY [vA., 1956

finance, under the supervision of the city manager, shall have charge of the
administration of the financial affairs of the city and to that end he shall
have authority and shall be responsible for the department of finance in
order to discharge the following functions:

__ (a) Compile the current expense estimates for the budget for the
city manager.

(b) Compile the capital estimates for the budget for the city manager.

(c) Supervise and authorize the disbursement of all moneys and have
control over all expenditures to ensure that budget appropriations are not
exceeded.

(d) Maintain a general accounting system for the city government and
each of its offices, departments and agencies; keep books for and exercise
financial and budgetary control over each office, department and agency;
keep separate accounts for the items of appropriation contained in the city
budget, each of which accounts shall show the amount of the appropriation,
the amounts paid thereon, the unpaid obligations against it and the unen-
cumbered balance; and require reports of receipts and disbursements from
each receiving and ‘spending agency of the city government to be made
daily or at such intervals as he may deem expedient.

(e) Submit to the council through the city manager a monthly state-
ment of all receipts, disbursements and encumbrances of funds in sufficient
detail to show the exact financial condition of the City.

(f) Prepare for the city manager, as of the end of each fiscal year,
a complete financial statement and report.

(Subsection (g) omitted.)

(h) Supervise and be responsible for the purchase, storage and dis-
tribution of all supplies, materials, equipment and other articles used by
any office, department or agency of the City government.

(i) Approve all proposed expenditures. No appropriation shall be en-
cumbered and no expenditure shall be made unless the director of finance
shall certify that there is an unencumbered balance of appropriated and
available funds.

§ 8.05. Work Programs; Allotments.—Before the beginning of the
budget year, the head of each office, department or agency may be required
to submit to the director of finance, at such time as may be set by him, a
work program for the year, which program shall show the requested allot-
ments of the appropriations for such office, department or agency, for such
periods as may be designated by the city manager, for the entire budget
year. The city manager shall review the requested allotments and may
revise, alter or change such allotments before approving the same. The
aggregate of such allotments shall not exceed the total appropriation avail-
able to said office, department or agency for the budget year.

§ 8.06. Allotments if Required, Shall Constitute Basis of Expendi-
tures and Are Subject to Revision.—The director of finance shall authorize
all expenditures for the offices, departments, and agencies to be made from
the appropriations on the basis of approved allotments and not otherwise.
An approved allotment may be revised during the budget year in the same
manner as the original allotment was made. If, at any time during the
budget year, the City manager shall ascertain that the available income,
plus balances, for the year will be less than the total appropriations, he
shall reconsider the work programs and allotments of the several offices,
departments and agencies and revise the allotment so as to prevent the
making of expenditures in excess of the said income.

§ 8.07. Transfers of Appropriations.—The city manager may at any
time transfer any unencumbered appropriation balance or portion thereof
within the same general classifications of expenditures within an office,
department or agency.
§ 8.08. Accounting Supervision and Control.—The director of finance
shall have power and shall be required to:

(a) Prescribe the forms of receipts, vouchers, bills or claims to be
used by all the offices, departments and agencies of the city government.

(b) Examine and approve all contracts, orders and other documents
by which the city government incurs financial obligations, having previ-
ously ascertained that funds have been appropriated and allotted and will
be available when the obligation shall become due and payable.

(c) Audit and approve before payment all bills, invoices, payrolls
and other evidences of claims, demands or charges against the city govern-
ment and with the advice of the city attorney determine the regularity,
legality and correctness of such claims, demands or charges. :

_ (d) Inspect and audit any accounts or records of financial transac-
tions which may be maintained in any office, department or agency of the
city government apart from or subsidiary to the accounts kept in his office,
and make periodic reports thereof.

§ 8.09. When Contracts and Expenditures Prohibited.—No officer,
department, or agency shall, during any budget year, expend or contract
to expend any money or incur any liability, or enter into any contract which
by its terms involves the expenditure of money, for any purpose, in excess
of the amounts appropriated for that general classification of expenditure
pursuant to this charter. Any contract, verbal or written, made in viola-
tion of this charter shall be null and void. Any officer or employee of the
City who shall violate this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall cease to hold his office or employment.
Nothing in this section contained, however, shall prevent the making of
contracts or the spending of money for capital improvements to be financed
in whole or in part by the issuance of bonds, nor the making of contracts of
lease or for services for a period exceeding the budget year in which suc
contract is made, when such contract is permitted by law. ,

§ 8.10. Appropriations Lapse at End of Year.—All appropriations
shall lapse at the end of the budget year to the extent they shall not have
been expended or lawfully encumbered.

§ 8.11. Fees Shall be Paid to City Government.—All fees received
by any officer or employee shall belong to the city government and shall
be paid to the department of finance as and when directed by the director
of finance.

§ 8.12. Division of Purchases.—There shall be established in the
department of finance a division of purchases, the head of which shall be
the city purchasing agent. The purchasing agent, pursuant to rules and
regulations established by ordinance, shall contract for, purchase, store,
and distribute all supplies, materials and equipment required by any office,
department or agency of the city government. The purchasing agent shall
also have power and shall be required to:

(a) Establish and enforce specifications with respect to supplies, ma-
terials, and equipment required by the city government.

) Inspect or supervise the inspection of all deliveries of supplies,
materials, and equipment, and determine their quality, quantity and con-
formance with specifications.

(c) Have charge of such general storerooms and warehouses as the
council may provide by ordinance.

(d) Transfer to or between offices, departments or agencies or sell
surplus, obsolete, or unused supplies, materials and equipment.

§ 8.13. Competitive Bidding.—Before the city purchasing agent
makes any purchase of or contract for supplies, materials or equipment,
he shall give ample opportunity for competitive bidding, under such rules
and regulations, and with such exceptions as the council may prescribe by
834 ACTS OF ASSEMBLY [vA., 1956

ordinance; provided, however, that the council shall not except individual
contracts, purchases or sales from the requirement of competitive bidding.

§ 8.14. Contracts for City Improvements.—Any city improvement
costing more than $1,000.00 except where such improvement is executed
directly by a city department, shail be executed by contract. All such con-
tracts for more than one thousand dollars shall be awarded to the lowest
responsible bidder, or if the council should so determine, to such bidder
whose bid is more acceptable to the public interest, after such public notice
and competition as may be prescribed by ordinance, provided the city
manager shall have the power to reject all bids and advertise again.
Alterations in any contract may be made when authorized by the council
upon the written recommendation of the city manager.

§ 8.15. No Contract Executed Until Bond Ordinance Effective-—No
contract shall be executed for the acquisition of any property or the con-
struction of any improvement or betterment to be financed by the issuance
of bonds until the ordinance authorizing the issuance of such bonds shall
have taken effect and any contract executed before such day shall be
unenforceable in any court of law.

8.16. Independent Audit.—The council shall cause to be made at
least every year from the date of the adoption of this charter an inde-
pendent audit of all accounts, books, records and financial transactions of
the city, including the school board 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 always be
available for public inspection in the office of the city manager during
regular business hours.

8.17. Power to Sell Property for Taxes.—The city treasurer, city
collector if designated by the council shall have any or all of the powers
which are now or which may be hereafter vested in any officer of the state
charged with the collection of state taxes, and may collect the same in the
same manner in which state taxes are collected by any officer of this state.
No deed of trust or mortgage upon goods and chattels shall prevent the
same from being distrained or sold for taxes assessed thereon, no matter
in whose possession such goods and chattels may be found. A tenant from
whom payment of taxes on his landlord’s property shall be obtained by dis-
tress or otherwise shall have credit for the same against such person on
account of his rent, unless by contract the tenant is to pay such taxes.
The council may require a list of all real estate in the City delinquent for
the nonpayment of taxes thereon for the preceding year to be recorded in
a book of delinquent taxes to be kept in the office of the director of finance.

§ 8.18. Penalties for Nonpayment of Taxes. The council may impose
penalties for the nonpayment of city taxes and levies and for the failure
to make any return required by law for the assessment of taxes, and may
cause such penalties to be added to the amount of taxes and levies due
from taxpayers, as it may by ordinance or resolution from time to time
prescribe; and after such penalty has been added, the city treasurer or the
city collector if designated by the council shall have the power of distress,
garnishment or action and any other power now possessed or that may
hereafter be given to any person charged with the collection of State
taxes after the penalty for the nonpayment of State taxes has been added.
Should it come to the knowledge of the City Treasurer or said city col-
lector that any person, firm or corporation owing taxes or levies to the City
is moving or contemplating moving therefrom prior to the time said
penalty may be added by the council, he shall have the right to collect
taxes by distress, garnishment, suit or action or otherwise at any time
after such bills for taxes have come into his hands.

(§§ 8.19 thru 8.25 omitted.)
£7242 44202 4TE24AN DR WV SSSA

§ 9.01. Department of Law.—There shall be a department of law
which shall consist of the city attorney and such assistant city attorneys
and other employees as may be provided by ordinance.

§ 9.02. City Attorney. Qualifications and Appointment.—The head
of the department of law shall be the city attorney. He shall be an
attorney at law licensed to practice under the laws of the Commonwealth.
He shall be appointed by the council for an indefinite term, and shall not
engage in the private practice of law.

§ 9.08. City Attorney. Powers and Duties.—The City attorney shall
(a) be the legal advisor of the council, the city manager and of all depart-
ments, boards, commissions and agencies of the City, including the school
board, in all matters affecting the interests of the City and shall upon
request furnish a written opinion on any question of law involving their
respective official powers and duties; (b) at the request of the city
manager or any member of the council prepare ordinances for introduc-
tion and at the request of the council or any member thereof shall examine
any ordinance after introduction and render his opinion as to the form
and legality thereof; (c) draw or approve all bonds, deeds, leases, con-
tracts or other instruments to which the City is a party or in which it has
an interest; (d) have the management and control of all the law business
of the City and the departments, boards, commissions and agencies thereof
or in which the City has an interest, and represent the City as counsel in
any civil case in which it is interested and in criminal cases in which the
constitutionality or validity of any ordinance is brought in issue; (e)
institute and prosecute all legal proceedings he shall deem necessary or
proper to protect the interests of the City; (f) attend in person or assign
one of his assistants to attend all meetings of the council; (g) appoint
and remove such assistant city attorneys and other employees as shall be
authorized by the council, and authorize the assistant city attorney or any
of them or special counsel to perform any of the duties imposed upon him
in this charter; and (h) have such other powers and duties as may be
assigned to him by ordinance.

§ 9.04. Restrictions on Actions for Damages Against City.—No
action shall be maintained against the City for injury to any person
or property or for wrongful death alleged to have been sustained by
reason of the negligence of the City or of any officer, employee or agent
thereof, unless a written statement by the claimant, his agent, attorney
or representative, of the nature of the claim and of the time and place
at which the injury is alleged to have occurred or been received shall
have been filed with the city attorney within sixty days after such cause
of action shall have occurred, except that when the claimant is an
infant or non compos mentis, or the injured person dies within sixty
days, such statement may be filed within one hundred and twenty days.
Neither the city attorney or any other officer, employee or agent of the
city shall have authority to waive the foregoing conditions precedent or
any of them.

CHAP 10
DEPARTMENT OF PUBLIC HEALTH
§ 10.01. Department of Public Health.—There shall be a Depart-
ment of Public Health under the direction of a Director of Public Health
and such other officers and employees organized into such bureaus, divi-
sions and other units as may be provided by ordinance or by the orders
of the Director consistent therewith. The Council may also enter into
contractual agreements with the State Board of Health for health services.
§ 10.02. Functions.— The department of public health shall be
responsible for: (a) enforcing all laws and ordinances and all lawful rules
and regulations of the department as hereinafter provided, relating to the
preservation and promotion of public health and sanitation; (b) the pro-
tection 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 hospitals, 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 promo-
tion of public health; (f) the collecting of morbidity and vital statistics;
and (g) such other powers and duties as may be assigned to the depart-
ment by ordinance.

§ 10.03. Director of Public Health. Qualifications.—The head of the
department of public health shall be the director of public health. He shall
be a graduate of an approved medical school and licensed to practice
medicine in the State of Virginia and shall be appointed by the City Mana-
ger from a list of eligible persons furnished by the State Health Com-
mission.

§ 10.04. Director of Public Health. Powers and Duties.—The director
of public health shall have general management and control of the several
bureaus, divisions and other units of the department. He shall appoint
and remove all officers, employees and professional personnel.

§ 10.05. Director of Public Health. Further Powers and Duties.—
The director of public health shall further have all the powers and duties
with respect to the preservation of the public health which now are or
may hereafter be conferred or imposed on health officers by the laws of
the Commonwealth, as well as all the powers and duties conferred or
imposed on him by this charter and the ordinances of the city. He shall
have power, with the approval of the board of health, to make rules and
regulations for the preservation of the public health, not inconsistent with
the laws of the Commonwealth and the ordinances of the city.

§ 10.06. Board of Health—Council may establish a board of health
consisting of five members who shall be qualified voters of the city, ap-
pointed by the Council for a term of three years. Vacancies shall be filled
by the Council for the unexpired portion of the term. Two members of the
board of health shall always be physicians. The board of health shall
choose annually one of its own number to be chairman for the term of one
year and until his successor is chosen and qualified. An employee of the
department of health shall be assigned by the director of public health to
act as secretary to the board. It shall hold such regular meetings as
it may determine. Special meetings may be held at any time on the call
of the director of public health. The Board of health shall advise with the
director of public health on all matters submitted by him for their con-
sideration. It shall annually make a report to the city manager, for trans-
mission to the council, on public health conditions in the city, with its
recommendations for their improvement. The members of the board of
health shall serve without compensation.

CHAP 11
DEPARTMENT OF PUBLIC WELFARE

§ 11.01. Department of Public Welfare.—There shall be a department
of public welfare which shall consist of the director of public welfare, who
shall be appointed by the City Manager from a list of eligible persons
furnished by the State Director of Welfare and Institutions, such officers
and employees organized in such bureaus, divisions and other units as may
be provided by ordinance or the orders of the director consistent there-
CH. 553] ACTS OF ASSEMBLY 837

with. The Council may establish and appoint a local board of public wel-
fare to serve in an advisory capacity.

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

§ 10.03. Director of Public Welfare. Qualifications—The head of the
department of public welfare shall be the director of public welfare. He shall
be a person trained and experienced in welfare administration.

§ 11.04. Director of Public Welfare. Power and Duties.—The director
of public welfare shall have, subject to the laws of the Commonwealth re-
lating to public assistance, general management and control of the several
bureaus, divisions and other units of the department, including the appoint-
ment and removal, of all officers and employees of the department and
making of rules and regulations, consistent with this charter, and the
ordinances of the city, for the conduct of its business.

CHAP 12

DEPARTMENT OF RECREATION AND PARKS

§ 12.01. Department of Recreation and Parks.—There shall be a de-
partment of recreation and parks which shall consist of the director of
recreation and parks to be appointed by the City Manager, and such other
officers and employees organized into such bureaus, divisions and other
units as may be provided by ordinance or by the order of the director con-
sistent therewith.

§ 12.02. Functions.—The department of recreation and parks shall
be responsible for: (a) organizing and conducting recreation programs for
all age groups in various parts of the city; (b) operating 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 all city cemeteries; (d) operating and maintaining nurseries
for flowers, vines, shrubs and trees for use in the public parks, grounds,
streets and ways of the city; (e) planting and care of ali flowers, vines,
shrubs and trees in the public parks, grounds, streets and ways of the
city; (f) operating all buildings, museums, gardens, monuments, lakes,
swimming pools, rest rooms, restaurants, refreshment stands and other
facilities and establishments situated in the public parks and grounds under
the jurisdiction of the department; (g) promoting, sponsoring and manag-
ing 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 recreation and
parks 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 the use of
its facilities and services, 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. The repair of all
buildings, drives and walks in parks and grounds under the jurisdiction
of the department may, when so directed by the city manager, be per-
formed by the department of public works.

§ 12.03. Director of Recreation and Parks. Qualifications—The head
838 ACTS OF ASSEMBLY [vA., 1956

of the department of recreation and parks shall be the director of recrea-
tion and parks. He shall be a person trained and experienced in recreation
nee: with experience in the administration of public recreation or
parks.
§ 12.04. Director of Recreation and Parks. Powers and Duties.—The
director of recreation and parks shall have general management and control
of the several bureaus, divisions and other units of the department. He
shall appoint and remove all officers and employees of the department,
and he shall have the power to make rules and regulations consistent with
this charter and the ordinances of the city for the conduct of its business.

§ 12.05. Rules and regulations—-The council shall have power to
adopt by ordinance all needful rules and regulations relating to the use
of public grounds, parks, playfields, playgrounds and cemeteries, whether
within or without the city, and for the preservation of order, safety and
decency therein. For the purpose of enforcing such rules and regulations
all such public grounds, parks, playfields, playgrounds and cemeteries
shall be under the police jurisdiction of the city. Any member of the
police force of the city, or park employee appointed as a special policeman,
shall have power to make arrests for violations of any such rule or
regulation.

CHAP 13

DEPARTMENT OF PUBLIC WORKS

§ 13.01. Department of Public Works.—There shall be a department
of public works which shall consist of the Director of Public Works, to be
appointed by the city manager, and such other officers and employees or-
ganized into such bureaus, divisions, and other units as may be provided
by ordinance or by the orders of the director consistent therewith.

§ 13.02. Functions.—The department of public works shall be re-
sponsible for the construction and maintenance of all public buildings,
streets, roads, bridges, drains, sewers, garbage and refuse collection and
disposal, and all other public works and constructions; the care of public
buildings, storerooms, and warehouses; the custody of such equipment and
supplies as the council may require; and such other powers and duties as
may be assigned to the department, which may include among other as-
signments, building inspections, plumbing inspections, electrical inspections,
subdivision control and zoning administration.

§ 13.03. Director of Public Works.—The head of the department of
public works shall be the Director of Public Works. He shall have general
management and control of the several bureaus, divisions, and other units
of the department.

CHAP 14

DEPARTMENT OF PUBLIC SAFETY

§ 14.01. Fire and Police Functions.—The department of public safety
shall consist of the division of fire and the division of police and such other
functions and activities as may be assigned to it by the city council. The
department of public safety shall be under the supervision of a director of
public safety to be appointed by the city manager.

The division of police shall consist of such police officers as may be
appointed by the City Manager and shall be under the supervision of a
chief of police to be appointed by the city manager. The chief of police
and police officers shall have all the powers and duties of police officers as
provided by the general laws of the Commonwealth and ordinances and
regulations of the City.

The division of Fire shall be in charge of a Fire Chief, to be ap-
pointed by the City Manager. The Division of Fire shall consist of such
persons appointed by the City Manager who shall perform such duties as
ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES

§ 16.01. Acquisition, Ownership and Use of Property.—The city shall
have, for the purpose of carrying out any of its powers and duties, power
to acquire by gift, bequest, purchase or lease, and to own and make use
of, within and without the city, lands, buildings, other structures and
personal property, including any interest, right, easement or estate therein,
and in acquiring such property to exercise, within and without the city,
the right of eminent domain as hereinafter provided in this chapter.

§ 16.02. Eminent Domain.—The city is hereby authorized to acquire
by condemnation proceedings lands, buildings, structures and personal
property or any interest, right, easement or estate therein, of any person
or corporation, whenever in the opinion of the council a public necessity
exists therefor, which shall be expressed in the resolution or ordinance
directing such acquisition. The city shall have the same powers as to
condemnation as are provided in Title 25 of the Code of Virginia and as
are conferred on the State Highway Commissioner under Article 5 of Chap-
ter 1 of Title 33 of the Code; provided, that in the case of any property
owned by a corporation having the power of eminent domain, the pro-
visions of § 25-233 shall be complied with.

(§§ 16.03, 16.04 and 16.05 omitted.)

CHAP 17
ASSESSMENT OF REAL ESTATE FOR TAXATION:
ASSESSORS; BOARD OF REVIEW

(1) The council 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 and to that end shall elect as assessor or assessors,
one or more persons, to assess or reassess for taxation the real estate
within the city, and to prescribe the duties and term of office of said
assessor or assessors.

(2) Such assessor or assessors shall make such assessment and re-
assessment on the same basis as real estate is required to be assessed under
the provisions 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 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 the said Code of
Virginia.

(3) The term of such assessor or assessors shall be fixed by the council,
and any vacancy or vacancies, however occurring, shall be filled by the
council. The council shall likewise fix the compensation of any such assessor
or assessors, provide such clerical or other assistance as may be necessary,
and provide for the payment of such salariés and other expenses as may
be properly incident to the work involved. And all such salaries, expenses
and other costs incurred in connection with such assessment or reassess-
ment shall be paid out of the treasury of the city.

(4) Notwithstanding any provision of §§ 58-895 to 58-902, 58-914 Code
of Virginia, the courts of record in banc of the city or the judges thereof
in vacation shall, annually, appoint for said city, a board of review of real
estate assessments to be composed of three members, who shall be free-
holders of the city for which they serve. The terms of such members shall
commence on their appointment and shall expire on the thirtieth day of
November of the year in which they are appointed, unless such terms are
extended. The said courts or the judges thereof in vacation may extend
the terms of the members of the said board of review and shall fill any
vacancy therein for the unexpired term. The members of the said 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 city, and to be paid out
of the treasury of such city, and the council may limit the per diem com-
pensation to such number of days as, in its judgment, is sufficient for the
completion of the work of the board.

(5) Such board of review shall have and may exercise the power to
revise, correct and amend any assessment of real estate made by said
assessor in the year in which they serve, and to that. end shall have all
powers conferred upon boards of equalization by Sections 58-903 to
58-912 inclusive, Code of Virginia. 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 plead-
ings of requests for review, and looking to the further facilitation and
simplifications of proceedings before the board.

(6) Any person or any such city aggrieved by any assessment made
by said board of review may apply for relief in the manner provided by
Sections 58-1145 to 58-1151 inclusive, Code of Virginia.

(7) This Act shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

CHAP 18
DEPARTMENT OF EDUCATION

§ 18.01. School Board and Superintendent of Schools.—The depart-
ment of education shall consist of the city school board, the division super-
intendent of schools, and the officers and employees thereof. Except as
otherwise provided in this charter, the city school board and the division
superintendent of schools shall exercise all the powers conferred and per-
form all the duties imposed upon them by general law.

The School Board of the consolidated city shall be composed of seven
trustees who shall be chosen by the council to serve for a term of four
years; provided, however, that as to the term of office of the trustees of
the first School Board so appointed, four of said trustees shall be appointed
for a term of four years and three of said trustees shall be appointed for
a term of two years and thereafter all of said trustees shall be appointed
for a term of four years. Any vacancies occurring on the School Board shall
be filled by the city council for the unexpired term. All trustees shall be
residents of the city.

The division superintendent of schools shall be appointed and serve
for a term of office as prescribed by general law.

The School Board shall not take any private property for public
purposes without paying the owner thereof just compensation for the same;
and when the School Board cannot, by agreement with the owner, obtain
the title to or the use of such property for public purposes, it shall be
lawful for the said School Board to institute and prosecute proceedings
to acquire all necessary property that the School Board may deem neces-
sary for school purposes without limitation as to area.

The division superintendent of schools shall be appointed and serve
for a term of office as prescribed by general law.

CHAP 19
DEPARTMENT OF FARM AND HOME DEMONSTRATION
§ 19.01. Department of Farm and Home Demonstration.—There may
be a department of farm and home demonstration which shall consist of
an agricultural agent, who shall be the director of farm and home demon-
stration, a home demonstration agent, and such assistants and employees
as may be authorized. The 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.

_ § 19.02. Functions.—The department of farm and home demonstra-
tion shall be responsible for the exercise of all agricultural and demonstra-
tion functions imposed on demonstrators and county agents by general law
and such other functions as may be assigned to the department.

§ 19.03. Director of Farm and Home Demonstration.—The head of
the department of farm and home demonstration shall be the director of
farm and home demonstration. He shall be the agricultural agent, along
with the home demonstration agent, and shall be selected from a list of
eligibles submitted by the Virginia Polytechnic Institute.

CHAP 20

COURTS OF RECORD

There shall be for the consolidated city on the effective date of this
charter three Courts of Record to be known as the Circuit Court of the
consolidated city, the Corporation Court, Part One, of the consolidated
city, and the Corporation Court, Part Two, of the consolidated city.

The jurisdiction of the said Circuit Court shall extend throughout
the consolidated city; from January 1, 1958 through December 31, 1964,
all actions, criminal or civil, or proceedings which could only be
brought or instituted in the Circuit Court of the former city of Hampton
may only be instituted or prosecuted in the Circuit Court. The person
who held office as judge of the Circuit Court of the former city of Hamp-
ton immediately preceding consolidation shall be and continue to be the
judge of the Circuit Court of the consolidated city for the term to which
elected or appointed. He shall continue to hold such office in all respects
in accordance with the general law relating to the office of judge of a cir-
cuit court. Vacancies occurring by expiration of term or otherwise shall
be filled in the manner provided by general law. The judge of the said
Circuit Court shall perform all duties and acts and have all powers imposed
or conferred by law on the judge of a circuit court.

All actions of every kind, criminal and civil, which were pending in
the Circuit Court of the former city of Hampton at the effective date of
consolidation shall be transferred to and retained in identical status in the
Circuit Court of the consolidated city and shall proceed to final judgment
in such latter court. The Circuit Court of the consolidated city shall have
full authority to issue writs, enforce judgments and decrees and exercise
every manner of judicial function in relation to the actions and proceed-
ings pending in the Circuit Court of the former city of Hampton as
though no change had been made in the status of such latter court.

Eleventh Judicial Circuit. The consolidated city shall continue to be
the Eleventh Judicial Circuit of Virginia and the Circuit Court of the
consolidated city shall be the Court for such Judicial Circuit. Upon the
effective date of this charter the Circuit Court of the former city of
Newport News shall be abolished and all actions of every kind, criminal as
well as civil, which were pending in the Circuit Court of the former city
of Newport News at the effective date of consolidation shall automatically
be transferred to and shall proceed to final judgment in the Corporation
Court, Part One, of the consolidated city.

The jurisdiction of the Corporation Court, Part One, of the consoli-
dated city, shall extend throughout the consolidated city; from January 1,
1958 through December 31, 1964, all actions, criminal or civil, or proceed-
842 ACTS OF ASSEMBLY [vA., 1956

ings which could be brought or instituted in the Corporation Court of the
former city of Newport News may only be instituted or prosecuted in the
said Corporation Court, Part One. The person who held office as judge
of the Corporation Court of the former city of Newport News immediately
preceding consolidation shall be and continue to be the judge of the Cor-
poration Court of the consolidated city for the term to which elected or
appointed. He shall continue to hold such office in all respects in accord-
ance with the general law relating to the office of judge of a corporation
court. Vacancies occurring by expiration of term or otherwise shall be
filled in the manner provided by general law. The judge of the said
Corporation Court, Part One, shall perform all duties and acts and have
all powers imposed or conferred by law on the judge of a corporation or
hustings court.

All actions of every kind, criminal and civil, which were pending in the
Corporation Court of the former city of Newport News and in the Circuit
Court of the former city of Newport News at the effective date of consoli-
dation shall be transferred to and retained in identical status in the Corpo-
ration Court, Part One, of the consolidated city and shall proceed to final
judgment in such latter court. The Corporation Court, Part One, of the
consolidated city shall have full authority to issue writs, enforce judgments
and decrees and exercise every manner of judicial function in relation. to
the actions and proceedings pending in the corporation court of the former
city of Newport News and the circuit court of the former city of Newport
News as though no change had been made in the status of such latter courts.

The jurisdiction of the Corporation Court, Part Two, of the consoli-
dated city shall extend throughout the consolidated city; from January 1,
1958 to December 1, 1964, all actions, criminal or civil, or proceedings
which could only be brought or instituted in the Circuit Court of the
former city of Warwick may only be instituted or prosecuted in the said
Corporation Court, Part Two. The person who held office as judge of the
Circuit Court of the former city of Warwick immediately preceding
consolidation shall be and continue to be the judge of the said Corporation
Court, Part Two, for the term to which elected or appointed. He shall
continue to hold such office in all respects in accordance with the general
law relating to the office of judge of a hustings or corporation court.
Vacancies occurring by expiration of term or otherwise shall be filled in
the manner provided by general law. The judge of the said Corporation
Court, Part Two, shall perform all duties and acts and have all powers
imposed or conferred by law on the judge of a corporation or hustings
court.

All actions of every kind, criminal and civil, which were pending
in the Circuit Court of the former city of Warwick at the effective date of
consolidation shall be transferred to and retained in identical status in the
said Corporation Court, Part Two, and shall proceed to final judgment in
such latter court. The said Corporation Court, Part Two, shall have full
authority to issue writs, enforce judgments and decrees and exercise every
manner of judicial function in relation to the actions and proceedings
pending in the Circuit Court of the former city of Warwick as though no
change had been made in the status of such latter court.

The area of the consolidated city within the territorial limits of the
former city of Warwick shall upon the effective date of this charter no
longer be a part of the Fourteenth Judicial Circuit of Virginia, but such
area in the consolidated city shall be a part of the Eleventh Judicial Cir-
cuit as herein above set forth.

The person who held office as the judge or if there be an Associate, the
Senior Judge of the Circuit Court of Warwick immediately preceding con-
solidation shall be, as hereinabove provided, the judge of the Corporation
Court, Part Two, of the consolidated city. Such person holding the posi-
CH. 553] ACTS OF ASSEMBLY 843

tion of judge of the Circuit Court of Warwick may continue to execute the
duties of judge of the Fourteenth Judicial Circuit if designated so to do
by the Supreme Court of Appeals. Upon the election of a judge for the
Fourteenth Judicial Circuit such designation shall terminate.

There is hereby created for the consolidated city an additional court
of record to be known as the Corporation Court, Part Three, of the con-
solidated city. Provided, however, that such court shall not be operative
unless and until (a) the Supreme Court of Appeals certifies to the
Governor that there is a necessity for such court due to congestion in
the dockets of the other courts of such consolidated city, and (b) the con-
solidated city has a population of more than 200,000 as shown by a United
States Census or the council of the city, proceeding under Section 15-19
of the Code of Virginia, has had a census taken of the population of the
city, which census shows the population of the city to be more than two
hundred thousand.

Commencing with January 1, 1964, and thereafter each of the courts

of record of the consolidated city, except Corporation Court, Part One,
shall have jurisdiction and venue over all civil actions and proceedings of
whatever nature in the consolidated city, at law or in equity; the Corpora-
tion Court, Part One, shall from January 1, 1965, and thereafter have
exclusive jurisdiction and venue of all criminal cases in the consolidated
city.
. The juries for the trial of ‘cases in any court of record of such city
shall be chosen at large from the consolidated city. The judge of any
court of record of the consolidated city, on his own motion may transfer
for final disposition to any other court of record of such city having
jurisdiction, any civil matter. The judge of any court of the consolidated
city may, on his own motion, designate one of the judges of any other
court of record of such city, to sit for him in his court and hear and
determine any matter pending in the court of the judge making the
designation without the intervention of the Supreme Court of Appeals.

The judges of the several courts of record for the consolidated city
shall act en banc in making appointments to fill vacancies occurring in
any office in the city which are filled or to be filled by the judge of a
court of record and in case of a disagreement the vote of a majority of
such judges shall be binding. Provided that each judge shall, for his court,
have power to make appointments of guardians ad litem and receivers
and any other appointments incident to.the trial, hearing or disposition
of any judicial proceeding pending therein.

CHAP 21
CLERKS’ OFFICES OF THE COURTS OF RECORD

From January 1, 1958 through December 31, 1964, the clerks’ offices
of the several courts of record shall continue to exist as they did prior
thereto. All deeds and other writings which could have been recorded
in the clerk’s office of the circuit court for the city of Hampton prior to
consolidation shall during said period continue to be recorded for such
area in such clerk’s office. All deeds and other writings which could have
been recorded in the clerk’s office of the Corporation Court for the city
of Newport News prior to consolidation shall during said period continue
to be recorded for such area in such clerk’s office. All deeds and other
writings which could have been recorded in the clerk’s office of the circuit
court for the city of Warwick prior to consolidation shall during said
period continue to be recorded for such area in such clerk’s office.

Commencing with January one, nineteen hundred sixty-five, and
thereafter, all deeds and other writings to be recorded for any part of the
consolidated city shall be recorded in the clerk’s office of the circuit court
for the consolidated city.
The provision herein for recordation of deeds and other writings shall
apply to the recordation of judgments, decrees, liens and all other matters
which are recorded in the office of clerks of court.

(CHAPTER 22 omitted.)

CHAP 23
MISCELLANEOUS AND TRANSITION PROVISIONS

_ § 1. Ownership of Commissions, Authorities, ete.—All of the owner-
ship, rights, title, interest, powers and obligations of the three former polit-
ical subdivisions comprising this city or of either of them, resulting from
law, by agreement, or otherwise, relative to or in any manner connected
with (1) the waterworks plant or system of the former city of Newport
News, (2) the Peninsula Airport Commission, (3) the Chesapeake Ferry
District, (4) the Port and Industrial Authority, (5) any sewerage and
sewerage disposal systems, (6) Housing Authorities, and (7) rights and
privileges granted by the Commonwealth of Virginia or the United States
of America, shall be vested in, enure to and be assumed by this city, and
any ordinances or regulations in connection therewith which are in effect
at the time of the effective date of this city shall remain in effect unless
and until revoked, amended or superseded by ordinances or regulations
of this city.

§ 2. Assumption of all Debts, Obligations——Upon the effective date of
consolidation all of the then outstanding indebtedness, bonded or otherwise,
including interest thereon, and all of the then existing contracts, franchises,
and any other legal obligations, including but not limited to all legal obli-
gations existing by reason of any retirement plans within the three cities
in effect at the time of consolidation, or debts of each of the former three
cities now comprising this city shall become the indebtedness and obliga-
tion of this city, and there shall enure to this city in connection therewith
all of the rights and privileges therein, or by law provided for, in the same
manner and to the same extent as if they were issued, made, entered
into or arose, in the original instances directly by or with this city. It is
a provision of this consolidation agreement that the payment of the em-
ployer’s share of the obligation under existing retirement or pension plans
in effect on the date of consolidation in the cities of Hampton, Warwick
and Newport News, and all allowances, annuities, and benefits accruing,
granted and to be paid in the future to employees of the three cities
pursuant to such plans, and all éxpenses in connection with the operation
and administration thereof are hereby made obligations of the consolidated
city, to the extent herein specified and in accordance with the ordinances
and provisions of the various cities affecting retirement. The consolida-
tion agreement shall be deemed an agreement 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 accord-
ance with the provisions of such plans, shall not be diminished, curtailed
or impaired for services rendered as of the effective date of consolidation.
This obligation on the part of the consolidated city shall include, in accord-
ance with the provisions of the various pension or retirement plans:

(a) The continuation of retirement allowances or pension payments
to retired employees.

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

(c) 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.
CH. 558] ACTS OF ASSEMBLY 845

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

(e) The payment of withdrawal benefits, as provided in existing
plans, to all employees who do not qualify for pensions or vested service
retirement allowances. ’ . .

(f) The payment of any other benefit provided, including Social
Security payments made by any employee, for which the employee has
qualified, on the date of consolidation that is in the particular plan applic-
able to the employee. .

(g) The payment of any other benefit provided to retire 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 three cities who
are employed by the consolidated city, shall be given credit for the years
of service already to his credit in Warwick, Hampton, or Newport News
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. .

f any employee who is entitled to retirement, or who has retired
from any of the three cities, is employed by the consolidated city, he shall
not receive his pension during the term of his employment with the con-
solidated city but shall be entitled to receive such pension when his employ-
ment with the consolidated city ends.

This provision applies to all pension or retirement systems of all three
cities and include the systems that provide retirement to employees of
school boards or other boards or commissions and to the city officers and
their employees if such employees were included in retirement system
prior to consolidation.

Such funds, reserves, appropriation, cash and investments in the
hands of any of the three cities or in hands of trustees of any of the retire-
ment funds of the three cities shall, on the date of consolidation, or as
soon thereafter as is practicable, 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 provisions of this portion of the consolidated agreement of the con-
solidated city.

The full faith and credit of the consolidated city is hereby irrevocably
pledged to meet this obligation.

§ 3. All Assets and Property to be Owned by Consolidated City.—All
property, real, personal or mixed, and all other assets of every kind, and
wheresoever the same may be situated or located, owned by the three
political subdivisions comprising this city immediately preceding the effec-
tive date of this city shall become the property of this city upon its effec-
tive date, and all legal rights or interest of any kind in the aforesaid prop-
erty which the said three political subdivisions had at such time shall
fully enure to this city.

§ 4. Provisions as to Constitutional Officers.—The city treasurer,
Commonwealth’s attorney, commissioner of revenue, and city sergeant
shall be elected as provided by the general laws of the Commonwealth and
not in conflict with this Charter, provided, however, that the city treasurer,
the Commonwealth’s attorneys, the city sergeants and the commissioners
of revenue of the cities of Warwick, Hampton and Newport News, in
office at the time this charter takes effect, shall continue in their respective
offices at their respective salaries as deputy commissioners of revenue.
assistant Commonwealth’s attorneys, deputy city sergeants, and deputy
846 ACTS OF ASSEMBLY [va., 1956

city treasurers, until the end of the term for which they were elected by
the citizens of their respective cities.

§ 5. Effects upon Members of Boards, Commissions or any Agency.—-
All persons holding office as members of any board, commission, agency or
authority created by any ordinance of any of the three cities or appointed
by council pursuant to any law of the Commonwealth shall terminate
as of January 1, 1958, and the Council of the consolidated city shall have
authority and power to make new appointments for an original term as
prescribed by any such ordinance or statute.

§ 6. Tax Levies, Funds and Assessments.—All levies, both current
and delinquent, and all school and other funds which may be held by
the State to the credit of the cities of Hampton, Newport News and War-
wick shall become the property of this city. The tax levies, service charges
and assessments made for the current or ensuing year or years by the
aforesaid three cities shall stand as levies and assessments of this city
until superseded by levies and assessments made by this city.

§ 7. Powers and Duties of Constitutional Officers.——The clerks of
court, attorney for the Commonwealth, commissioner of revenue, city
treasurer and city sergeant shall have such powers and perform such duties
as are provided by the Constitution of the Commonwealth; and, except as
otherwise provided in this charter, as are provided by the provisions of
general law for cities of the first class.

§ 8. Continuation of Certain Ordinances.—Unless and until amended,
modified or repealed by the Council of this City, all ordinances of the three
political subdivisions now comprising this city, shall remain in full force
and effect within the same area to which they were applicable before the
effective date of this charter.

§ 9. Court Rooms for Courts of Record and Courts Not of Record
and Office Space for Constitutional Officers.—It shall be the duty of the
city to provide suitable court rooms for the courts of record and courts
not of record of the city and also suitable facilities for the commissioner
of revenue, city treasurer, city sergeant and attorney for the Common-
wealth.

§ 10. Clerks of Courts of Record.—Upon the effective date of this
charter, the person who holds the office of Clerk of the Circuit Court of
Hampton shall be the Clerk of the Circuit Court of this city for the period
of the unexpired term of the office to which he had been elected, the
person who holds the office of Clerk of the Corporation Court of Newport
News shall be the Clerk of the Corporation Court, Part I, of this city
for the period of the unexpired term of the office to which he had been
elected, and the person who holds the office of clerk of the Circuit Court of
Warwick shall be the Clerk of the Corporation Court, Part II, of this city
for the period of the unexpired term of the office to which he had been
elected. Thereafter elections for the officers of the respective clerks shall
be held as provided by general law. :

There shall be one clerk for each court of record and with the excep-
tion of the clerk of the Corporation Court, Part III, the clerk of the courts
of record shall be different persons.

The clerks of each of the courts of record of this city shall be paid
a salary not in excess of the maximum amount allowed by general law
in cities having like population with this city.

Said salary shall be in full compensation for services and shall be in
lieu of the retention by any such officer of any and all official fees, com-
missions or compensation of whatever kind or character, and from what-
ever source derived; and the city council of each such city shall fix such
salary and provide for the payment of such salary out of the city treasury
in equal monthly installments. The expenses of office of each such officer,
CH. 553] ACTS OF ASSEMBLY 847

including the compensation of deputies and employees, shall, be likewise
paid out of the city treasury on duly authenticated vouchers, when and as.
such expenses are incurred, or may become due and payable, or at least
twice monthly. The maximum amount of such expenses in the case of each
officer shall be fixed by the State Compensation Board, and the State Com-
pensation Board shall fix the number and compensation of the deputies
and employees of each such officer.

All fees and commissions of every kind or character received or col-
lected by each of the officers mentioned in the preceding section of this
act, and from whatever source derived, shall be paid into the city treasury
by each of the officers monthly. All fees and commissions of every kind
and character, whether payable by the State, the United States, or by
private persons, firms or corporations, now or hereafter made receivable
by law or ordinance by any such officer as is mentioned in the preceding
section of this act, shall continue to be paid to and collected by him, and
shall be paid into the city treasury monthly, except that the city aforesaid
shall not be required to pay any such officer any fees or commissions for
services performed for such city.

§ 11. Transfer of Records by Courts not of Record.—Upon effec-
tive date of this Charter, the judges of the courts not of record of the
cities of Hampton, Newport News and Warwick shall deliver and transfer
to the appropriate judges of the courts not of record of this city all records
and papers, which records and papers shall be and become the records
and papers of such appropriate court and the judge thereof for such further
actions and proceedings as may lawfully be had thereon, and the cases
then pending in said courts shall be transferred to and carried to final
conclusion in such court of this city to which such records and papers
are transferred in the same manner as if such case had originally been
brought therein.

§ 12. Election of Officers and Councilmen.—An election shall be
held by the combined qualified voters of the three cities of Hampton,
Newport News and Warwick, in accordance with general law, on the
Tuesday after the first Monday in November of 1957 for the offices of
Commonwealth Attorney, Commissioner of Revenue, Treasurer and Ser-
geant of the consolidated city. The candidate receiving the highest number
of said combined qualified votes for each of such offices shall be declared
the holder of such office and their respective terms of office shall com-
mence January 1, 1958.

An election shall be held by the combined qualified voters of the
three cities of Hampton, Newport News and Warwick, in accordance with
general law, on the second Tuesday in June of 1957 for the offices of city
councilmen of this city. The three candidates in each of the areas com-
prising the cities of Hampton, Newport News and Warwick receiving
the highest number of said combined qualified votes shall be declared the
wolden such office and their terms of office shall commence January
1, 1958.

The said election shall be held within the areas of the three cities
in all respects in the same manner and subject to the same rules and
regulations as if the respective officers were being elected for such city
in a general election, and the costs of such elections within the respective
areas of such three cities shall be borne by such city.

In the event all matters in any way concerning or governing said elec-
tions have not herein been provided for, or if any question in connection
therewith is raised, the judges of the courts of record of said three cities
sitting in banc are authorized and directed to enter such orders concerning
the same which may be necessary to provide such omission or settle such

dispute.
. Preliminary Meeting of the Council Elect to Choose a City
Manager and For Other Purposes.—At any time following the ascertain-
ment of the result of the first election of councilmen for this city, such
councilmen-elect are directed and authorized to meet at such places they
may select and at such times as they may deem necessary for the purposes
of considering the appointment of a city manager, the preparation of ordi-
nances, appointments which are required of them, and all such other
matters as may be necessary to effectuate the transition resulting from
the consolidation of the three cities into this city. All expenses of the
council-elect in complying with the above provisions shall be paid by this
city upon vouchers signed by such members of the council-elect as they
may designate.

_ § 14. Transfer of Books and Papers.—If any person having been an
officer of the city, shall not, within ten days after he shall have vacated
or been removed from office, deliver over to his successor in office all
the property, books and papers belonging to the city or appertaining
to such office, in his possession or under his control, he shall forfeit and
pay to the city the sum of five hundred dollars, to be sued for and re-
covered with costs. All books, records and documents used in any such
office, by virtue of any provision of this charter or of any ordinance or
order of the council or any superior officer of the city, shall be deemed
the property of the city and appertain to said office, and the chief officer
thereof shall be responsible therefor.

§ 15. Notary Publics—Notary Publics heretofore appointed and still
acting under such appointment in any of the Cities of Warwick, Hampton
or Newport News shall have all the powers of a Notary Public within this
consolidated city until the expiration of the term for which he was so
appointed.

§ 16. Appointment of Acting City Manager.—If for any reason a city
manager has not been duly appointed and taken office on January 1, 1958,
the council shall on that day designate an acting city manager.

(§ 17. omitted.)

§ 18. Meaning of “At the Effective Date of This Charter.”—As used
in this charter the term “at the effective date of this charter” shall be
ser peta to refer to a period immediately preceding the taking effect
thereof.

§ 19. Saving Clause.—In the event that any portion, section or pro-
vision of this charter shall be declared illegal, invalid, or unconstitutional
by final judgment of any court of competent jurisdiction, such judgment
shall not invalidate any other portion, section or provision hereof, but all
parts of said charter not expressly held to be invalid shall remain in full
force and effect.

Part X. Further Provisions.—Substitute and additional provisions
in lieu of, or in addition to, provisions of Part IX.

CHAP 21
CLERKS OFFICES OF THE COURTS OF RECORD

The clerks offices of the several courts of record shall continue to
exist as they did prior to the effective date of this charter. All deeds and
other writings which could have been recorded in the clerks office of the
circuit court for the city of Hampton prior to consolidation shall continue
to be recorded for such area in such clerk’s office. All deeds and other
writings which could have been recorded in the clerk’s office of the Corpo-
ration Court for the City of Newport News prior to consolidation shall
continue to be recorded for such area in such clerk’s office. All deeds
and other writings which could have been recorded in the clerk’s office
CH. 553] ACTS OF ASSEMBLY 849

of the circuit court for the City of Warwick prior to consolidation shall
continue to be recorded for such area in such clerk’s office. ;

The provision herein for recordation of deeds and other writings
shall apply to the recordation of judgments, decrees, liens and all other
matters which are recorded in the office of clerks of court.

CHAP 22

01. There shall be the following Courts not of record for the
Consolidated City, to-wit:

(a) One court to be known as the Civil and Municipal Court, Newport
News Division.

(b) One court to be known as the Civil and Municipal Court, War-

wick Division.

(c) ore court to be known as the Civil and Municipal Court, Hampton

ivision.

(d) One court to be known as the Juvenile and Domestic Relations

Court for the consolidated city.

02. The Judge and Substitute Judge respectfully of the Municipal
Court of the former City of Newport News, immediately prior to consolida-
tion, shall be and become the Judge and Substitute Judge respectfully
of the Civil and Municipal Court, Newport News Division.

The Judge and Substitute Judge respectfully of the Civil and Police
Court of the former City of Hampton, immediately prior to consolidation,
shall be, and become the Judge and Substitute Judge of the Civil and Munici-
pal Court, Hampton Division.

The Judge and Substitute Judge respectfully of the Civil and Police
Court of the former City of Warwick, immediately prior to consolidation,
shall be and become the Judge and Substitute Judge respectfully of the
Civil and Municipal Court, Warwick Division.

The Judge and Substitute Judge of the Civil, Juvenile and Domestic
Relations Courts of the former City of Newport News, immediately prior
to consolidation shall be and become Judge and Substitute Judge of the
Juvenile and Domestic Relations Court for the consolidated city.

The Judge of the Civil and Municipal Court, Newport News Division,
shall exercise jurisdiction only over that territorial area which comprised
the former City of Newport News prior to consolidation.

The Judge of the Civil and Municipal Court, Warwick Division, shall
exercise jurisdiction only over that territorial area of the City which
comprised the former City of Warwick prior to consolidation.

The Judge of the Civil and Municipal Court, Hampton Division, shall
exercise jurisdiction only over that territorial area of the City which
comprised the former City of Hampton prior to consolidation.

The Judge of the Juvenile and Domestic Relations Court for the con-
solidated city shall exercise jurisdiction throughout the City.

.03. The Judges of such courts not of record as stated in ........ .02 in
the former Cities of Warwick, Newport News and Hampton on the effec-
tive date of this charter shall continue in office as the judge of such
divisions as hereinabove set out until the expiration of his term for which
he was elected or appointed, but at the expiration of his term, his successor
shall be appointed by the City Council. Any vacancy in the office of any
judge ie be filled for the unexpired term by appointment by the City

ouncil.

.04. The records of the Municipal Court and the Civil Court of the
former City of Newport News shall be and become the records of the
Civil and Municipal Court, Newport News Division.

The criminal and civil records of the Civil and Police Court of the
850 ACTS OF ASSEMBLY [va., 1956

former City of Warwick shall be and become the records of the Civil
and Municipal Court, Warwick Division.

The criminal and civil records of the Civil and Police Court of the
former City of Hampton shall be and become the records of the Civil
and Municipal Court, Hampton Division.

The records of the Juvenile and Domestic Relations Court of the
former Cities of Newport News, Warwick and Hampton shall be and be-
come the records of the Juvenile and Domestic Relations Court for the
consolidated city.

.05. The court room, clerk’s office and other facilities occupied or used
by the Civil and Municipal Court, Newport News Division shall be located
within the territorial limits of the former City of Newport News.

The court room, clerk’s office and other facilities occupied or used by
the Civil and Municipal Court, Warwick Division, shall be located within
the territorial limits of the former City of Warwick.

The court room, clerk’s office and other facilities occupied or used
by the Civil and Municipal Court, Hampton Division, shall be located
within the territorial limits of the former City of Hampton.

The court room, clerk’s office and other facilities occupied or used by
the Juvenile and Domestic Relations Court for the consolidated city shall
be at such place or places as the Council may direct.

.06. The judges of the courts not of record hereinabove provided
for shall conform to and exercise all the jurisdiction conferred, follow
the procedure prescribed, exercise all the powers, and shall be in all
matters not herein provided, governed by the general laws of the Common-
wealth of Virginia governing like courts not of record as now or may
hereafter be provided by Acts of the General Assembly.

The substitute judges of the said courts not of record on the effective
date of this charter shall continue in office as the substitute judge of such
division or divisions in the manner as hereinabove set out for such
courts, until the expiration of the term for which he was elected or ap-
pointed. Any vacancy in the office of any such substitute judge shall be
filled for the unexpired term by appointment by the City Council.

.07. The Council of the City may establish associate judges for such
of the courts not of record as it may deem necessary.

Such associate judge as may be appointed for any designated court
not of record shall exercise all the rights, powers, and duties that are
herein conferred on the judge of any such court.

.08. Until January 1, 1965, all appeals from the courts not of record
shall be heard by the courts of record having jurisdiction over the terri-
torial areas wherein such court of record is located; except that appeals
from the Juvenile and Domestic Relations Court of the consolidated city
shall be taken to such Court of Record having jurisdiction over the area
wherein the offense or cause arose. Effective January 1, 1965 all civil
appeals from courts not of record in the consolidated city shall be appealed
to the Circuit Court and Corporation Court, Part II, and matters of a
criminal nature shall be appealed to the Corporation Court, Part I, of the
consolidated city.

Appointment and Qualification of Judges.

Each court shall be held by a special Justice of the Peace to be known
as the Judge thereof who shall be appointed for a term of six years by
the City Council and shall be a resident of the territorial area over which
his court shall have jurisdiction. All of said judges must have practiced
law in Virginia for at least five years prior to their appointment and shall
not engage in the practice of law during the time they hold office.

The judge and substitute judge and/or associate judge shall hold
court at such place and time and receive such compensation as the Council
CH. 554] ACTS OF ASSEMBLY 851

shall determine. Their compensation shall be fixed for the term for which
they are elected and be paid by the City and they shall receive no other
compensation or fees for their services. An attorney appointed for sub-
stitute judge may continue to practice law. ‘

3. The provisions of any of the parts or portions of this act shall be
construed as optional, additional, substitute or alternative provisions to
the end that the Charter of the consolidated city may be composed of such
parts of this act as the city may require.

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