CHAPTER 10

An Act to amend and reenact § 46-259.2 of the Code of Virginia, relating
to the prohibition by counties of certain parking. rer 861
86

Approved February 6, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 46-259.2 of the Code of Virginia be amended and reenacted
as follows:

§ 46-259.2. (1) The governing bodies of the several counties may,
by appropriate ordinance, prohibit any person, association or corporation
from the parking of automobiles, trucks, or any other automotive equip-
ment on or alongside the roads, highways and streets of the county or of
the State in the county, when such person, association or corporation is
parking any such automobile, truck or automotive equipment in pursuance
of commercial purposes. The provisions of this section shall not apply to
motor vehicle carriers when picking up or discharging passenge

(2) Violations of the provisions of any such pailtinnise ehail be a
misdemeanor.

CHAPTER 10

DEPARTMENT OF LAW

§ 10.01. 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.

§ 10.02. 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 a term of four (4) years, and
shall not engage in the private practice of law.

§ 10.03. City Attorney; Powers and Duties.—The city attorney
shall (a) be the legal advisor of the council, the City Manager and of all
departments, boards, commissions and agencies of the City, including the
school board, in all matters affecting the interests of the City and shall
upon request furnish a written opinion on any question of law involving
their respective official powers and duties; (b) at the request of the City
Manager or any member of the council prepare ordinances for introduction
and at the request of the council or any member thereof shall examine any
ordinance after introduction and render his opinion as to the form and
legality thereof; (c) draw or approve all bonds, deeds, leases, contracts
or other instruments to which the city is a party or in which it has an
interest; (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) insti-
tute 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 provided 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
c r; and (h) have such other powers and duties as may be assigned
to him by ordinance.

§ 10.04. 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 repre-
sentative, 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 state-
ment 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 11

DEPARTMENT OF PUBLIC HEALTH

§ 11.01. Department of Public Health.—There shall be a department
of public health under the direction of a director of public health and
such other officers and employees organized into such bureaus, divisions
and other units as may be provided by ordinance or by the orders of the
director consistent therewith. The council may also enter into contractual
agreements with the State Board of Health for health services.

§ 11.02. 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 protection of the inhabitants of the city from contagious, infectious
and other diseases; (c) the abatement of nuisances detrimental to public
health; (d) the operation of city hospitals, sanatoria and laboratories
and the furnishing of medical aid and care to the indigent; (e) the con-
ducting of clinics, nursing and educational services for the preservation
and promotion of public health; (f) the collecting of morbidity and vital
statistics; and (g) such other powers and duties as may be assigned to
the department by ordinance.

§ 11.08. 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 Man-
ager from a list of eligible persons furnished by the State Health Com-
mission.

§ 11.04. Director of Public Health. Powers and Duties.—The di-
rector of public health, under the supervision of the City Manager, shall
have general management and control of the several bureaus, divisions
and other units of the eed He shall appoint and remove all of-
ficers, employees and professional personnel. .

§ 11.05. 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 him by the laws of the Common-
wealth, 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 to
make rules and regulations for the preservation of the public health, not
eg with the laws of the Commonwealth and the ordinances of

e City.

Chap 12

DEPARTMENT OF PUBLIC WELFARE

§ 12.01. Department of Public Welfare——There shall be a depart-
ment of public welfare which shall consist of the director of public wel-
fare, who shall be appointed by the City Manager, 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-
with. The council may establish and appoint a local board of public wel-
fare to serve in an advisory capacity.

§ 12.02. Functions—The department of public welfare shall be
responsible for: (a) the duties imposed by the laws of the Common-
wealth, 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 ordi-
nance.

§ 12.08. 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.

§ 12.04. Director of Public Welfare. Power and Duties.—The di-
rector of public welfare, under the supervision of the City Manager, shall
have, subject to the laws of the Commonwealth relating to public assist-
ance, general management and control of the several bureaus, divisions
and other units of the department, including the appointment and removal,
of all officers and employees of the department and making of rules and
regulations, consistent with this charter, and the ordinances of the City,
for the conduct of its business.

Chap 13

DEPARTMENT OF RECREATION AND PARKS

§ 13.01. 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.

§ 13.02. 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 nurser-
jes for flowers, vines, shrubs, and trees for use in the public parks,
grounds, streets and ways of the City; (e) planting and care of all flow-
ers, vines, shrubs and trees in the public parks, grounds, streets and ways
of the city; (f) operating all buildings, museums, gardens, monuments,

es, 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
managing public concerts, entertainments, and other recreational activi-
ties; and (h) such other powers and duties as may be assigned to the de-
partment 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 regu-
lations as the school board may establish, and provided that the depart-
ment 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 di-
a by the City Manager, be performed by the department of public
works.

§ 18.03. Director of Recreation and Parks. Qualifications.—The
head of the department of recreation and parks shall be the director of
recreation and parks. He shall be a person trained and experienced in
recreation activities, with experience in the administration of public
recreation or parks.

§ 13.04. Director of Recreation and Parks. Power and Duties.—
The director of recreation and parks, under the supervision of the City
Manager, shall have general management and control of the several bur-
eaus, 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.

§ 13.05. 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,
one have power to make arrests for violations of any such rule or regu-
ation.

Chap 14

DEPARTMENT OF PUBLIC WORKS

§ 14.01. 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
organized into such bureaus, divisions, and other units as may he provided
by ordinance or by the orders of the director consistent therewith.

§ 14.02. 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 inspec-
tions, subdivision control and zoning administration.

§ 14.03. Director of Public Works.—The head of the Department of
Public Works shall be the Director of Public Works. Under the super-
vision of the City Manager, he shall have general management and control
of the several bureaus, divisions, and other units of the department.

Chap 15

DEPARTMENT OF PURCHASING

§ 15.01. Department of Purchasing.—There shall be a department
of purchasing, the head of which shall be the city purchasing agent, ap-
pointed by and under the supervision of the City Manager. 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 gov-
ernment. The purchasing agent shall also have power and shall be required

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

(b) 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.

§ 15.02. 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
ordinance.

Chap 16

DEPARTMENT OF PUBLIC UTILITIES

§ 16.01. Department of Public Utilities—There shall be a depart-
ment of public utilities, which shall consist of the Director of Public Utili-
ties 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 orders or directives consistent there-
with.
§ 16.02. Functions——The department of public utilities shall be
responsible 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.

§ 16.03. Director of Public Utilities——The head of the Department
of Public Utilities shall be the Director of Public Utilities. Under the super-
vision of the City Manager, he shall have general management and control
of the several bureaus, divisions and other units of the department.

§ 16.04. Existing Ordinances Concerning Water Works System.—
The ordinances of the former City of Newport News in effect on the effec-
tive date of consolidation providing 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.

_ § 16.05. Enabling Act.—All of the provisions, obligations, and direc-
tions of Chapter 530, Acts of Assembly, 1926, and all amendments thereto,
except as otherwise changed by this chapter, concerning the water works
system shall continue in full force and effect as though the Consolidated
City was in the original act the city set forth in said act.

Chap 17

DEPARTMENT OF PUBLIC SAFETY

§ 17.01. Department of Public Safety.——The head of the Depart-
ment of Public Safety shall be known as the Director of Public Safety. Un-
til the appointment of a Director of Public Safety has been authorized by
the City Council, his duties shall be assumed by the City Manager. He shall
be epi penten by the City Manager and shall be under his supervision and
control.

Duties of Director of Public Safety: He shall have direct supervision
of the following divisions: (a) Division of Police and Traffic; (b) Divi-
sion of Fire and Fire Prevention; (c) Division of City Electrician & Com-
munications and such other divisions as the Council or City Manager may
direct. His duties shall include: Recommendation to the City Manager of
appointment, promotion, demotion, and dismissal of all the employees in
the Department of Public Safety. He shall issue permits for parades, mov-
ing of heavy equipment through the City, Taxi Driver permits, Bicycle
licenses and other permits affecting the safety of the City as determined
by ordinance. He shall issue periodic reports and recommendations con-
cerning the public safety in the City.

_ § 17.02. Suspension or dismissal of Policemen and Firemen.—The
chief of police and fire chief shall have the right and power to suspend any
of the officers and employees in their respective divisions who may be un-
der their management and control for incompetence, neglect of duty, im-
morality, drunkenness, failure to obey orders given by proper authority,
or for any other just and reasonable cause. If any officer or employee be
suspended as herein provided the chief of the division concerned shall
forthwith in writing certify the fact, together with the cause of suspen-
sion, to the Director of Public Safety, who shall, after hearing, render
judgment thereon, which judgment, if the charge be sustained, may be a
reprimand, fine, suspension, reduction in rank, or removal, and in every
case shall be subject to appeal to or review by the City Manager. The
City Manager shall have the power to suspend or remove the chief of
pouce gud fire chief at any time, and his action in every such case shall

e final.

§ 17.08. Police Department.—The police force shall be composed of
a chief of police and of such officers, patrolmen, and other employees as
the City Manager may determine. The chief of police shall have the im-
mediate direction and control of the said force, subject, however, to the
supervision of the Director of Public Safety, and to such rules, regula-
tions, and orders as the said Director may prescribe, and through the
Chief of Police the Director of Public Safety shall promulgate all orders,
rules and regulations for the government of the whole force. In case of
the disability of the Chief of Police to perform his duties, by reason of
sickness, absence from the city or other cause, the Director of Public
Safety shall designate one of the officers of the police force to act as
Chief of Police during such disability, and the officer so designated shall
serve without additional compensation.

No person, except as otherwise provided by general law or by this
Act, shall act as special police, special detective or other special police
officer for any p se whatsoever, except upon written authority from
the Director of Public Safety. Such authority, when conferred, shall be
i ned only under the direction of the Chief of Police and for a speci-
ied time.

The officers and privates constituting the police force of said City
shall be and they are hereby invested with all of the powers and authority
which pertain to the office of constable at common law in taking cogni-
zance of and in enforcing the criminal laws of the state and the ordinances
and regulations of said City, and it shall be the duty of each such officer
and private to use his best endeavors to prevent the commission within the
said City of offenses against the laws of said state, and against the ordi-
nances and regulations of said City; to observe and enforce all such laws,
ordinances and regulations; to detect and arrest offenders against the
same; to preserve the good order of said City; and to secure the inhabit-
ants thereof from violence and the property therein from injury. The said
officers and privates shall have the same power in summoning witnesses
in cases of violations of the law as is possessed by the sergeant of the
City as provided by general law. Such policeman shall have no power or
authority in civil matters, but shall execute any criminal warrant of arrest
that may be placed in his hands by any justice of the City, and shall make
due return thereof. Such policeman shall not receive any fee or other com-
pensation for any services rendered in the performance of his duty, other
than the salary paid him by the City, except in the case of rewards for the
apprehension of violators of the law, nor shall he receive a fee as a witness
in any case arising under the criminal laws of the said state or under the
ordinances or regulations of said City.

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

§ 17.04. Division of Fire——The fire force shall be composed of a
chief and of such other officers, firemen and employees as the City Man-
ager may determine. The Fire Chief shall have immediate direction and
control of the said force, subject, however, to the supervision of the Di-
rector of Public Safety, and to such rules and regulations and orders as
the said director may prescribe, and through the Fire Chief the Director
of Public Safety shall promulgate all orders, rules and regulations for the
government of the whole force.

In case of the disability of the chief of the Fire Department to per-
form his duties, by reason of sickness, absence from the City or other
cause, the Director of Public Safety shall designate one of the officers of
the fire force to act as chief of the Fire Department and the officer so
designated shall serve without additional compensation.

Chap 18

DEPARTMENT OF FARM AND HOME DEMONSTRATION

§ 18.01. Department of Farm and Home Demonstration.—There
may be a department of farm and home demonstration which shall consist
of an agricultural agent, appointed by the City Manager, who, under the
supervision of the City Manager, shall be the director of farm and home
demonstration, 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.

_ § 18.02. 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.

§ 18.08. 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 19

DEPARTMENT OF EDUCATION

§ 19.01. 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, and the officers and employees thereof, shall
exercise all the powers conferred and perform all the duties imposed upon
them by general law.

§ 19.02. The school board of the Consolidated City shall be com-
posed 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.

§ 19.03. The persons holding office as division superintendent of
schools of the former Cities of Newport News and Warwick on the effec-
tive date of this charter shall continue as school officials of the Consoli-
dated City until the expiration of their term of appointment, provided the
school board may designate one as Superintendent and the other as Assist-
ant Superintendent.

Chap 20

ASSESSMENT OF REAL ESTATE FOR TAXATION
ASSESSORS: BOARD OF REVIEW

§ 20.01. The council shall have the power, in lieu of the means and
methods prescribed by law, to provide by ordinance for the annual assess-
ment and reassessment and equalization of assessments of real estate for
local taxation.

§ 20.02. Such assessment or reassessment shall be made on the same
basis as real estate is required to be assessed under the provisions of the
Code of Virginia, 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 under the provisions of the said
Code of Virginia.

§ 20.03. Notwithstanding any provision of §§ 58-895 to 58-902,
58-914 Code of Virginia, the Courts of Record en 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 freeholders 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 the City, and the council
may limit the per diem compensation to such number of days as, in its
judgment, is sufficient for the completion of the work of the board.

§ 20.04. Such Board of Review shall have and may exercise the power
to revise, correct and amend any assessment of real estate made in the
year in which they serve, and to that end shall have all powers conferred
upon boards of equalization by §§ 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 pre-
sentation, with formal petitions or other pleadings of requests for review,
and looking to the further facilitation and simplifications of proceedings
before the Board.

§ 20.05. Any person or any such city aggrieved by any assessment
made by said Board of Review may apply for relief in the manner pro-
vided by §§ 58-1145 to 58-1151, inclusive, Code of Virginia.

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

Chap 21

CITY PLANNING COMMISSION

§ 21.01. City Planning Commission.—There shall be a City Plan-
ning Commission appointed in accordance with the provision of Article
2, Chapter 25, Title 15 of the Code of Virginia of 1950, as amended.

Chap 22

PORT AUTHORITY

§ 22.01. Port and Industrial Authority.—There may be established
a port and industrial authority for the Consolidated City.

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

Chap 23

HOUSING AUTHORITIES

§ 23.01. All rights, powers, liabilities and benefits of the former City
of Warwick resulting from agreement or arising by law in the Regional
Redevelopment and Housing Authority for Hampton and Warwick, Vir-
ginia, shall inure to the Consolidated City, and the representative of the
former City of Warwick to the said Authority at the time of the effective
date of the consolidation shall continue on said commission as if the
Consolidated City had originally been a party to the agreement and action
creating the Regional Redevelopment and Housing Authority for Hampton
and Warwick, Virginia; and all the rights, powers, liabilities and benefits
of the former City of Newport News resulting from agreement or arising
by law in the Newport News Redevelopment and Housing Authority shall
inure to the Consolidated City and the representatives of the former City

of Newport News on the authority at the time of the effective date of the

consolidation shall continue as the representatives of the Consolidated

City as if the Consolidated City had auginally beet a party to the agree-

rer = action creating the Newport News evelopment and Housing
uthority.

Chap 24

COURTS OF RECORD

§ 24.01. There shall be for the Consolidated City on the effective
date of this charter, three Courts of Record to be known as the Corporation
Court of the Consolidated City, the Circuit Court, Part One, of the Consoli-
dated City, and the Circuit Court, Part Two, of the Consolidated City,
with one part in the Eleventh Judicial Circuit and the other part in the
Fourteenth Judicial Circuit. As provided in § 15-230 of the Code of Vir-
ginia of 1950, as amended, the jurisdiction and authority of the Courts of
Record having jurisdiction within the political subdivisions forming the
Consolidated City shall remain unchanged, except the jurisdiction of all
such courts shall be coextensive with the area of the Consolidated City.

From the effective date of consolidation, and until other provisions
are made by the Council of the Consolidated City, all Courts of Record of
the Consolidated City shall be located and utilized in the present Court
House Building of the former City of Newport News.

§ 24.02. The Corporation Court of the Consolidated City shall have
jurisdiction and venue over all actions of every kind, civil and criminal, in
the Consolidated City. The person who held office as Judge of the Corpora-
tion Court 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. He shall continue to hold such office in
all respects in accordance with the general law relating to the office of
Judge of the Corporation Court. The Judge of the said Corporation Court
shall perform all duties and acts and have all powers imposed or conferred
by law on the Judge of the Corporation Court.

All actions of every kind, criminal and civil, which were pending in
the former Corporation Court of the City of Newport News, on the effec-
tive date of consolidation, shall be transferred to and retained in identical
status in the Corporation Court of the Consolidated City, and shall proceed
to final judgment in said latter court.

The Corporation 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 proceedings
pending in the Corporation Court of the former City of Newport News
as though no change had been made in the status of such latter court.

§ 24.03. The Judge of the Eleventh Judicial Circuit shall continue
with the same jurisdiction and authority that he now has in the City of
Newport News, except the jurisdiction of such court shall be coextensive
with the area of the Consolidated City, in civil actions of all kinds. This
court shall be designated as Circuit Court, Part One, of the Consolidated
City. The person who held office as Judge of the Circuit Court of Newport
News immediately preceding consolidation shall be and continue to be the
Judge of the Circuit Court, Part One, of the Consolidated City, for the
term to which elected.

All civil actions of every kind, which were pending in the Circuit
Court of the former City of Newport News, on the effective date of con-
solidation, shall be transferred to and retained in identical status in the
Circuit Court, Part One, of the Consolidated City, and shall proceed to
final judgment in said latter court. The Circuit Court, Part One, 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
former City of Newport News as though no change had been made in the
status of such latter court.

_ § 24.04. The Judge and Associate Judge of the Fourteenth Judicial
Circuit shall continue with the same jurisdiction and authority that they
now have in the City of Warwick, except the jurisdiction of such court
shall be coextensive with the area of the Consolidated City, in civil and
criminal actions, of all kinds. This court shall be designated as Circuit
Court, Part Two, of the Consolidated City. The persons who held office as
Judge and Associate Judge of the Fourteenth Judicial Circuit immediately
preceding consolidation, shall be and continue to be the Judges of the Circuit
Court, Part Two, of the Consolidated City, for the term to which elected
or appointed. They shall continue to hold such office in all respects in
accordance with the general law relating to the office of Judge of the
Circuit Court. The Judges of the said Circuit Court, Part Two, shaH per-
form all duties and acts and have all powers imposed or conferred by law
on the Judge of the Circuit Court.

All actions of every kind, criminal and civil, which were pending in
the former Circuit Court of the City of Warwick, on the effective date of
consolidation, shall be transferred to and retained in identical status in
the Circuit Court, Part Two, of the Consolidated City, and shall proceed
to final judgment in said latter court.

The Circuit Court, Part Two, 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 Circuit Court of the former City of Warwick, as though no
change had been made in the status of such latter court.

§ 24.05. The juries for the trial of cases in any Court of Record of
such City shall be chosen at large from the Consolidated City.

§ 24.06. The Judge of any Court of Record of the Consolidated City,
on his motion, may transfer for final disposition to any other Court of
Record of such City having jurisdiction, any civil matter. The Judge of
the Corporation Court of the Consolidated City, and the Judge and Asso-
ciate Judge of the Circuit Court, Part Two, 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 and criminal matter.

§ 24.07. The Judge of any court of the Consolidated City may, on his
own motion, designate any of the other 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.

§ 24.08. The Judges of the several Courts of Record for the Consoli-
dated City shall act en banc in making appointments to fill vacancies occur-
ed 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 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.

§ 24.09. Commencing with July 1, 1960, no portion of the Consoli-
dated City shall be in either the Eleventh or Fourteenth Judicial Circuits
of Virginia, the Circuit Court, Part One, and the Circuit Court, Part Two,
of the Consolidated City shall cease to exist, all criminal cases or matters
pending in said two courts shall be transferred to the proper court or
courts of the Consolidated City, and all other cases or matters pending in
said two courts shall be transferred to the Court of Law and Chancery
hereafter established, of the Consolidated City, unless such cases or matters
are of such a nature as the Corporation Court of the Consolidated City
has exclusive jurisdiction over, in which event those cases or matters shall
be transferred to the Corporation Court of the Consolidated City.

§ 24.10. Commencing with July 1, 1960, there shall be established
the Court of Law and Chancery of the Consolidated City which, through-
out the limits of the Consolidated City, shall thereafter have exclusive
jurisdiction of :

a. All matters involving the probate and recordation of wills, the
appointment, qualification, and removal of fiduciaries and the settlement
of their accounts, all cases involving the docketing of judgments and the
recordation in the mode prescribed by law of deeds and other papers,
authorized or required by law to be recorded.

b. All proceedings for the condemnation, for public use, of any land
or property within the corporate limits of the Consolidated City.

c. All petitions to correct erroneous assessments on real estate within
the corporate limits of the Consolidated City.

_ 4d. All cases involving the recordation of judgments and the recorda-
tion of deeds and other papers authorized or required by law to be re-
corded, and, throughout the limits of the Consolidated City, thereafter have
concurrent jurisdiction with the Corporation Court of all such causes,
motions, matters and things, both at law and in chancery, as now are given
to the Corporation Court of the former City of Newport News, provided
the jurisdiction thereof is not vested exclusively in any other court of the
Consolidated City, in which event said court shall have no jurisdiction over
such matters.

§ 24.11. Appeals, writs of error and supersedeas from and to judg-
ments, decrees and orders of the Corporation Court and Court of Law and
Chancery, and the Judges thereof, respectively, shall be taken and allowed
as from and to judgments, decrees and orders of a Circuit Court or Judge
of such court.

§ 24.12. Commencing with July 1, 1960, the Judge of the Circuit
Court, Part Two, of the Consolidated City on June 80, 1960, who qualifies
with respect to residence shall become the Judge of the Court of Law and
Chancery of the said City, and continue to be the Judge thereof for the
term to which elected as Circuit Court Judge, provided he would no longer
be Judge of any other judicial circuit in Virginia. It is provided that if no
one should qualify by July 1, 1960, as Judge, then the General Assembly
or the Governor as provided by law, shall elect or appoint the Judge of
said Court of Law and Chancery in the Consolidated City.

24.138. Commencing with July 1, 1960, the Corporation Court of
the Consolidated City shall, throughout the limits of said City, have exclu-
sive jurisdiction of all presentments, indictments and informations for
offenses and all criminal cases committed within said limits, and continue
to have original and concurrent jurisdiction over all other matters of every
kind over which it had jurisdiction immediately prior to July 1, 1960,
except as to those matters over which the Court of Law and Chancery of
the Consolidated City is given exclusive jurisdiction by § 24.10 as to which
matters the Corporation Court shall thereafter have no jurisdiction. The
Judge of the Corporation Court of the Consolidated City as of June 30,
1960, who qualifies with respect to residence, shall become the Judge of
the Corporation Court and shall continue to serve for the remainder of his
term for which he was appointed or elected or until his successor is elected
or appointed and qualified as provided by law.

§ 24.14. There shall be one city sergeant who shall attend the term
of the corporation and circuit courts and their successors for said Con-
solidated City, and act as the officer thereof, and shall perform such other
duties as may be prescribed by law, and ordained by the council, and shall

receive such compensation and fees therefor as allowed by general law.
24.15. The sergeant may appoint such deputies as may be provided

by general law. The sergeant’s bond shall be determined by general law.

Chap 25

CLERKS’ OFFICES OF THE COURTS OF RECORD

§ 25.01. Upon the effective date of consolidation the office of Clerk
of the Circuit Court of Newport News and the Clerk of the Corporation
Court of Newport News shall cease to exist, there shall be one Clerk of
the Corporation Court of the Consolidated City, who shall also be Clerk
of the Circuit Court, Part One, of the Consolidated City, and the person then
holding the office of Clerk of the Corporation Court of Newport News shall
forthwith become the Clerk of the Corporation Court of the Consolidated
City and Clerk of the Circuit Court, Part One, of the Consolidated City and
continue to serve in such capacity for the remainder of the term for which
he was elected, until his successor is elected and qualified as provided by
general law.

§ 25.02. Upon the effective date of consolidation, the office of Clerk
of the Circuit Court of Warwick shall cease to exist, there shall be one
Clerk for the Circuit Court, Part Two, of the Consolidated City, and the
person then holding the office of Clerk of the Circuit Court of Warwick
shall forthwith become the Clerk of the Circuit Court, Part Two, of the
Consolidated City and continue to serve in such capacity for the remainder
of the term for which he was elected, until his successor is elected and
qualified as provided by general law.

§ 25.03. Commencing on July 1, 1960, the office of Clerk of the
Circuit Court, Part Two, of the Consolidated City shall cease to exist,
there shall be one Clerk of the Court of Law and Chancery of the Con-
solidated City, and the person then holding the office of Clerk of the Circuit
Court, Part Two, of the Consolidated City shall forthwith become the
Clerk of the Court of Law and Chancery of the Consolidated City and con-
tinue to serve in such capacity for the remainder of the term for which he
was elected, until his successor is elected and qualified as provided by
general law.

§ 25.04. Commencing on July 1, 1960, the office of Clerk of the
Circuit Court, Part One, shall cease to exist, and the person then holding the
office of Clerk of the Corporation Court of the Consolidated City shall
continue to serve as Clerk of the Corporation Court of the Consolidated
City for the remainder of the term for which he was elected or until his
successor is elected as provided by general law.

§ 25.05. Each Clerk of a Court of Record of the Consolidated City
shall be paid a salary of not less than eight thousand dollars nor more
than twelve thousand dollars per annum, and should one person be clerk
of more than one Court of Record of said City his total salary shall be
limited to the above minimum and maximum amounts. Such 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, commissions or compensation
of whatever kind or character, and from whatever source derived; and the
city council of the Consolidated City shall provide for the payment of such
salary out of the City Treasury in equal monthly installments. The ex-
penses of office of each such officer, 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 Compensation Board shall fix the
noe and compensation of the deputies and employees of each such
cer.

All fees and commissions of every kind or character received or
collected by each such clerk and from whatever source derived, shall be
paid into the City Treasury by each such clerk monthly. All fees, and
commissions of every kind and character, whether payable by the State,
the United States, or private persons, firms or corporations, now or here-
after made receivable by law or ordinance by such clerks shall continue to
be paid to and collected by them, and shall be paid into the City Treasury
monthly, except that the City aforesaid shall not be required to pay such
clerks any fees or commissions for services performed for such City.

§ 25.06. Commencing on the effective date of consolidation the
Clerks’ Offices, and the records thereof, of the Courts of Record of the
Consolidated City shall be located and maintained in or adjacent to the
building in which the Clerk’s Office of the Corporation Court of Newport
News is located just prior to the effective date of consolidation, until
other provisions are made by the Council of the Consolidated City.

§ 25.07. Commencing on July 1, 1958, and extending through June
80, 1960, the Clerk’s Office of the Circuit Court, Part Two of the Con-
solidated City shall be and hereby is desigrmted as the Clerk’s Office of
the Consolidated City in which is to be recorded all of the documents
authorized or required to be recorded by Article 8 and Article 3.1 of
Chapter 2 of Title 17 of the Code of Virginia, 1950, as amended, in ac-
cordance with the manner therein set forth. Commencing with July 1, 1960,
and thereafter, the Clerk’s Office of the Court of Law and Chancery of the
Consolidated City shall be and hereby is designated as the Clerk’s Office
of the Consolidated City in which is to be recorded all of the documents
referred to in the preceding sentence. Provided, however, that the Council
of the Consolidated City, on the advice of the clerks of the Courts of
Record, approved by the Judges en banc of the Courts of Record, may

designate specific Clerks’ Offices for the recordation of different classes
of documents.

Chap 26

COURTS NOT OF RECORD

§ 26.01. There shall be the following Courts not of Record for the
Consolidated City, to-wit:
(1) A Municipal Court
(2) A Traffic Court
(3) A Civil Court
(4) A Juvenile and Domestic Relations Court
The City Council is hereby authorized to establish as many of each
of these courts and to provide for as many Judges thereof as it may deem
necessary. The City Council may make such combination thereof as it may
deem right and proper. There shall be appointed by the City Council, a
Judge or Judges for each of said such courts to serve for a term of four
(4) years, subject to removal for cause. The Judge or Judges appointed
shall not engage in the private practice of law. Each such Judge shall
be an attorney at law who has had not less than five (5) years experience
as such. Each Judge shall receive such compensation as may be provided
by the council. Vacancies shall be filled by the City Council for any un-
expired term. There shall be a substitute Judge for each Court who shall
have the same qualifications as the Judge and who shall serve in the
absence, illness or inability of the Judge to serve, and shall, during the
period of such service, receive such compensation as may be provided by
the City Council. The substitute judges shall be permitted to engage in the
private practice of law.

In all other matters the general laws of the Commonwealth of Vir-
ginia concerning Courts not of Record shall be applicable to the Courts
not of Record of this City. The forms and records used by the said Courts
not of Record shall be as prescribed by the City Council.

§ 26.02. In the absence of the Judges and the Substitute Judges
of any of the Courts not of record, the officer in charge at any police
station shall have the same power to admit to bail persons charged with a
misdemeanor as the said Judges or Substitute Judges would have if
present, and they shall collect the fees therefor and shall report and pay
same to the officer authorized to collect fines imposed in said Court, and
the officer in charge shall have the same power to admit to bail such
persons charged with noncapital felonies as the Judges of said courts
would have if present, provided, that the amount of bail bond would be
required in such felony cases shall be fixed by the Judges or Substitute
Judges thereof, and provided that in all capital felony cases only a Judge
or a Substitute Judge thereof, or person authorized by law to admit to
bail shall act. The fees to be charged shall be as provided by Chapter 556,
Acts of Assembly, 1956, as amended.

§ 26.08. The Judges en banc of the Courts of Record of the City
shall appoint for said City as many justices of the peace as may be neces-
sary, but in no event less than five justices, nor more than fifteen justices,
each of whom shall serve a term of four years from the first day of
January next following the date of his appointment and until his suc-
cessor shall have been appointed and qualified. In addition, the Judges en
banc of the Courts of the City may appoint as many special justices as
they deem necessary or proper to perform the duties and exercise the
powers set out herein. Such special justices shall serve at the pleasure of
the appointing judges, shall qualify in the same manner as is prescribed
by law for justices of the peace, and shall be conservators of the peace
within the City. They may exercise within the City all the power and
authority, which is conferred upon justices of the peace by general law
except the power to issue civil processes. The salaries of such special
justices shall be fixed by the Council of the Consolidated City and paid
out of the Treasury of the City, and all fees collected by such special
justices or to which they shall be entitled shall be paid daily to the City
Treasurer.

§ 26.04. Transfer of records by Courts not of Record.—Upon the
effective date of this charter, the Judges of the Courts not of record of
the Cities of 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
paueterred in the same manner as if such case had originally been brought

erein.

§ 26.05. Appeals and removals shall be as provided by the general
laws of Virginia relating to Courts not of Record.

§ 26.06. The courts, or such sections thereof as may be designated
by the city council, shall hold sessions at such times and places in the
City as may be prescribed by the City Council by ordinances.
Chap 27
Miscellaneous and transition provisions

§ 27.01. Ownership of Commissions, Authorities, ete—All of the
ownership, rights, title, interest, powers and obligations of the former
political subdivisions comprising this City or of either of them, resulting
from law, by agreement, or otherwise, relative to or in any manner con-
nected with (1) the waterworks plant or system of the former City of
Newport News, (2) The Peninsula Airport Commission, (3) the Chesa-
peake Ferry District, (4) the Port and Industrial Authority, (5) any sew-
erage 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 re-
main in effect unless and until revoked, amended or superseded by ordi-
menos or regulations of this City, except as otherwise provided in this
charter.

§ 27.02. 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 obligations existing by reason of any retirement plans within the
cities in effect at the time of consolidation, or debts of each of the former
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 Warwick and Newport
News, and all allowances, annuities, and benefits accruing, granted and to
be paid in the future to employees of the cities pursuant to such plans, and
all expenses 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 var-
ious cities affecting retirement. The consolidation agreement shall be deem-
ed an agreement between the Consolidated City and the employees and re-
tirants covered by such retirement plans as of the date of consolidation, to
the end that the right and equities of the employees and retirants, as herein
specified, in service or in retirement on the date of consolidation, under
the existing retirement plans, in accordance with the provisions of such
plans, shall not be diminished, curtailed or impaired for services rendered
as of the effective date of consolidation. This obligation on the part of the
consolidated city shall include, in accordance 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 rights”.

(c) The retirement and payment of pensions to those employees who
are qualified for retirement under any of the existing plans on the ef-
fective date of consolidation.

(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 either of the cities who is
employed by the consolidated city, shall be given credit for the years of
service already to his credit in Warwick or Newport News in any retire-
ment 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 con-
solidation.

If any employee who is entitled to retirement, or who has retired from
either of the cities, is employed by the consolidated city, he shall not re-
ceive his pension during the term of his employment with the consolidated
city but shall be entitled to receive such pension when his employment
with the consolidated city ends.

This provision applies to all pension or retirement systems of both
cities and includes 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 systems
prior to consolidation.

Such funds, reserves, appropriation, cash and investments in the
hands of either of the cities or in hands of trustees of any of the retire-
ment funds of the 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 consolidation agreement of the consoli-
dated city.

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

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

§ 27.04. Provisions as to Constitutional Officers——Upon the date
the consolidation agreement takes effect, there shall be terminated the
terms of office of the Commonwealth’s Attorney, Commissioner of the
Revenue, Treasurer and Sergeant for each of the political subdivisions so
consolidated.

On the second Tuesday in April, 1958, an election shall be held to
select the Commonwealth’s Attorney, Commissioner of the Revenue,
Treasurer and Sergeant of the Consolidated City, who will take office
July 1, 1958, for a term expiring December 31, 1961. In the general elec-
tion to be held in November, 1961, these officers will be elected for four
(4) year terms, starting January 1, 1962, and each four (4) years there-
after, these offices will be filled at the general elections in November.
§ 27.05. Effects Upon Members of Boards, Commissions or any
Agency.—The terms of all persons holding office as members of any board,
commission, agency or authority created by any ordinance of either of the
cities or appointed by council pursuant to any law of the Commonwealth
shall terminate as of July 1, 1958, except as otherwise herein provided,
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.

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

§ 27.07. 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 provi-
sions of general law for cities of the first class.

§ 27.08. Continuation of Certain Ordinances.—Unless and until
amended, modified or repealed by the Council of this City, all ordinances
of the 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, provided that no longer than two (2)
years shall elapse before the ordinances are made uniform throughout the
Consolidated City.

§ 27.09. Court Rooms for Courts of Record and Courts Not of Rec-
ord 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-
wea

§ 27.10. Election of Officers and Councilmen.—An election shall be
held by the combined qualified voters of the cities of Newport News and
Warwick in accordance with general law, on April 8, 1958, for the offices
of Commonwealth Attorney, Commissioner of Revenue, Treasurer and
Sergeant 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
commence July 1, 1958.

The said election shall be held within the areas of the 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
cities shall be borne by each such city.

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

ispute.

The terms of office of the city councilmen elected by the combined
qualified voters of the cities of Newport News and Warwick, in accord-
price ae peered law, on Tuesday, November 5, 1957, shall commence

une 80, .
§ 27.11. Preliminary Meeting of the Council Elect to Choose a City
ger 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 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.
§ 27.12. 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 recovered 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
= Pypenan to said office, and the chief officer thereof shall be respon-
sible therefor.

§ 27.18. 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
Newport News, and the former City of Warwick, 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.

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

§ 27.15. Peninsula Airport Commission.—All the rights, powers and
liabilities of 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 Newport News and Warwick 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
creation of the Peninsula Airport Commission until their successors are
appointed by the council of the Consolidated City.

§ 27.16. Registrar.—Upon the effective date of this consolidation,
the Registrars in office in each of the cities shall continue to hold office
until the expiration of their terms to which they were appointed, until
they are reappointed or until their successor or successors are appointed ;
said incumbents shall be eligible for reappointment to office to perform
their duties within the territorial limits of the respective former cities.
The registration records of the two former cities shall be maintained
separately until such time as the need for separate registration is ended
by Acts of the General Assembly.

§ 27.17. Water, Sewerage and Sewage Disposal Systems.—The con-
solidated city shall acquire all of the rights, privileges, and liabilities of
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 Newport News and
Warwick.

§ 27.18. 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 interpreted to refer to a period immediately preceding the taking effect

ereof,

§ 27.19. Saving Clause.—In the event that any portion, section or
provision of this charter shall be declared illegal, invalid or unconsti-
tutional 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. .

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