CHAPTER 185

Act to amend Chapter 116 of the Acts of the General Assembly of
1948, providing a charter for the City of Richmond, as heretofore
amended, by adding two sections thereto numbered § 2.08.1 and § 11.11
granting certain powers to the city with respect to limited access or
express highways within the city, and the establishment of a board of
traffic review with power to affirm, reverse or modify rules, regula-
tions or orders of the Director of Public Safety, relating to the use of
streets by motor vehicles; and to amend and reenact §§ 5.1.1, 6.01, 6.02,
6.11, 9.08, 9.07, 9.09, 12.07, 12.08, 14.02, 15.02, 16.06, 17.08, 17.06 and
17.07 of said chapter, concerning the name of the Department of Pur-
chases and General Services, the city’s fiscal and tax years, the sub-
mission of budgets to and their adoption by the city council, the
powers and duties of the Director of Personnel, the appointment,
powers and duties of a Director of City Planning, promotions of city
officers and employees in the city’s service, the functions of the De-
partments of Public Health and Public Welfare, the composition of
the Advisory Board of Recreation and Parks, and the adoption,
amendment or extension of a master plan for the city. CH 18]

Approved March 6, 1958

Be it enacted by the General Assembly of Virginia:

That Chapter 116 of the Acts of the General Assembly of 1948, as
ttofore amended, be amended by adding two sections thereto as follows:
§ 2.08.1. Powers Relating to Certain Other Public Works, Utilities
Properties.—In addition to the powers granted by other sections of
charter the city shall have power:

(a) To construct, maintain and operate limited or controlled access
xpress highways within the city and to fix and revise from time to time
charge and collect tolls for transit over such highways and compensa-
for other uses that may be made thereof.

§ 11.11. Board of Traffic Review. (a) In addition to the powers
ated by other sections of this charter, the city shall have the power to
blish a board of traffic review which shall consist of seven members.
y shall be qualified voters of the city, shall hold no office of profit under
the city government and shall be appointed by the council for terms of
office prescribed by the council. Vacancies in office shall be filled by the
council for the unexpired portion of the term. Members of the board shall
serve without compensation.

(b) The board shall elect one of its members as chairman. The chair-
man shall preside at all meetings of the board and in his absence a member
designated by the board shall act as chairman and shall preside. The
director of public safety shall designate an employee in the department of
public safety to act as secretary of the board.

(c) The meetings of the board shall be held at the call of the chair-
man and at such other times as the board may determine. The board shall
keep minutes and records of its proceedings showing the vote of each
member on each question or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and other official actions,
all of which shall be kept on file and shall be a public record. Five members
of board shall constitute a quorum.

(d) Appeals to the board may be taken by any owner or occupant of

property adjacent to areas in the city affected by any rule, regulation or
order of the director of public safety relating to traffic made pursuant to
the provisions of § 11.10 of this charter when it is alleged that the rights
of such owners or occupants to access to and from such property or the
value or the use thereof will be adversely affected by such rule, regulation
or order. Appeals shall be taken within thirty days after such rule, regula-
tion or order is filed in the office of the city clerk pursuant to § 20.05 of
this charter by filing with the secretary of the board a notice of appeal
specifying the grounds thereof. An appeal shall not stay the execution or
application of such rule, regulation or order. The board shall fix a reason-
able time for the hearing of the appeal, shall give due notice thereof to the
appellant and the director of public safety and shall decide the issue within
a reasonable time. At the hearing the appellant may appear in person, by
agent or by attorney and shall be given an opportunity to be heard. The
director of public safety shall appear at the hearing in person or by duly
authorized representative and furnish to the board all facts and informa-
tion forming the basis of such rule, regulation or order and the reasons
therefor. The board shall have the power to affirm, reverse or modify such
rule, regulation or order, provided such rule, regulation or order shall be
reversed or modified only by the affirmative vote of five members of the
board. The findings and decisions of the board shall be final.
2. That §§ 5.1.1, 6.01, 6.02, 6.11, 9.03, 9.07, 9.09, 12.07, 12.08, 14.02,
15.02, 16.06, 17.08, 17.06 and 17.07 of Chapter 116 of the Acts of the
General Assembly of 1948, as heretofore amended, be amended and re-
enacted as follows:

§ 5.1.1. Department of * General Services. There shall be a depart-
ment of * general services which shall consist of the director of * general
services and such other officers and employees organized into such bureaus,
divisions and other units as may be provided by ordinance or by the
director consistent therewith. The director shall be appointed for an indefi-
nite term by the city manager and shall be a member of the classified
service. He shall be a person skilled in private business or governmental
purchases and property management, control and accountability. The
director shall have the general management and control of the department
and of such bureaus, divisions and units. He shall appoint and remove,
subject to the provisions of Chapter 9 of this charter, all officers and
employees of the department and shall have the power to make rules and
regulations consistent with this charter and ordinances of the city for the
conduct of the functions of the department.

§ 6.01. Fiscal and Tax Years. The fiscal year of the city shall begin
on the first day of July and shall end on the thirtieth day of June of the
succeeding year. The tax year for taxes levied on real estate, tangible per-
sonal property, machinery and tools and capitation taxes shall begin on
the first day of January and end on the thirty-first day of December
following, and the tax year for all other taxes shall be fixed by the council
by ordinance. The rate of taxes levied on real estate shall be fixed before
the first day of February. The rates of all other taxes and levies, except on
new sources of tax revenue, shall be fixed before the beginning of the tax
year.
§ 6.02. Submission of Budgets. On a day to be fixed by the council,
but in no case later than the * seventh day of April in each year, the City
Manager shall submit to the Council: (a) separate current expense bud-
gets for the general operation of the city government, hereinafter referred
to as the general fund budget, for the public schools and for each utility
as defined in chapter 13 of this charter; (b) a budget message; and (c) a
capital budget.

§ 6.11. Adoption of the General Fund Budget. Not later * than the
* thirty-first day of May in each year the council shall adopt the general
fund budget, the general fund appropriation ordinance and such ordi-
nances providing for additional revenue as may be necessary to put the
budget in balance. If for any reason the council fails to adopt the general
fund budget on or before such day the general fund budget as submitted
by the city manager shall be the general fund budget for the ensuing year
and the appropriation ordinance and the ordinances providing additional
revenue, if any, as recommended by the city manager shall have full force
and effect to the same extent as if the same had been adopted by the
council, notwithstanding anything to the contrary in this charter.

§ 9.03. Director of Personnel—Powers and Duties. The director of
personnel shall have general management and control of the department.
He shall appoint and remove, subject to the provisions of this charter, all
employees of the department. In addition, the director of personnel shall
have the following powers and duties:

_ (a) To conduct open competitive examinations for all original ap-
pointments in the classified service and, whenever he shall determine in
accordance with the rules of the personnel board that the same is practic-
able, for promotions in the classified service; to give wide publicity
through channels appropriate to each case to all announcements of com-
petitive examinations; and to organize plans for the recruitment of trained
personnel for the city’s service, provided that in formulating examina-
tions he shall consult with all officers having the power of appointment
concerning their personnel requirements.

(b) To maintain eligible lists based on such examinations for each
class of position in the classified service to which original appointments
are to be made and whenever a vacancy in such a position is to he filled to
certify to the appointing officer the names of the * six persons standing
highest on the eligible list applicable to the position to be filled in the order
of their standing on such list, provided that if there are fewer than *
siz names on any such list he shall before certifying any names conduct
an examination for such position of which at least ten days’ notice shall
be given by publication in a daily newspaper of general circulation pub-
lished in the city and if after such notice and examination there remain
fewer than * siz names on such eligible list he shall certify all such
names in the order of their standing.

(c) To enter into, with the approval of the personnel board, agree-
ments with other public personnel departments or agencies for the joint
administration of examinations and the joint use of eligible lists.

(d) To authorize in writing temporary appointments to vacancies in
positions for which there is no eligible list, provided that no such tempor-
ary appointment shall be for a period longer than three months and that
no such temporary appointment shall be renewed; provided that during

the first six months following the effective date of this charter such tem-

porary appointments may be authorized for a longer period but no such

spromiment shall terminate later than nine months after such effective
ate.

(e) To prepare and recommend to the personnel board a classifica-
tion plan for all positions in the classified service and such rules as may be
necessary for the purpose of carrying out the provisions of this chapter.

(f) To prepare and recommend to the city manager and council a pay
plan covering all employees in the classified service.

(g) To direct and enforce the maintenance by all departments, boards,
commissions, offices and agencies of the city, including the municipal
courts and the school board, of such personnel records and service ratings
of members of the classified service as he shall prescribe. . .

(h) To maintain a roster of all persons in the classified service which
shall specify as to each such person (1) the class title of the position
held, (2) the salary or pay, (3) any changes in class title, salary or pay,
and (4) such other data as may be deemed useful or significant.

(i) To certify all pay rolls, except those of the school board, and to
make no payment for personal services to any person in the classified
service, except employees of the school board, unless the pay roll voucher
bears the certificate of the director of personnel that the persons named
therein have been appointed and employed in accordance with the provis-
ions of this chapter. _.

(j) To provide a systematic program of in-service training for mem-
bers of the classified service qualifying them for advancement in the serv-
ice of the city.

(k) To investigate the operation and effect of the personnel pro-
visions of this charter and the rules adopted thereunder and report an-
nually his findings and recommendations to the city manager.

(1) Such other powers and duties as may be assigned to him by
ordinance.

§ 9.07. Unclassified Service——The service of the city shall be divided
into the unclassified and classified services. The unclassified service shall
consist of: (a) officers elected by the people and persons appointed to fill
vacancies in elective offices; (b) the members of boards and commissions,
all officers appointed by the council, and persons appointed by the judges
of the courts of record and by officers elected by the people; (c) judges,
substitute judges and clerks of the municipal courts and the referees of
the juvenile and domestic relations court; (d) the high constable and his
deputies and the justices of the peace provided for in this charter; (e) the
heads of departments appointed by the city manager, and the assistant
city manager if there be one; (f) the director of planning if there be one;
(g) not more than one confidential secretary to the city manager and to
the head of each department; (h) employees of the school hoard perform-
ing administrative and educational functions as determined by the school
board, provided that any class of such employees may be transferred to
the classified service on the request of the school board; (i) assistant city
attorneys, special counsel and technical advisors employed by the city at-
torney; (j) licensed physicians and dentists employed by the city in their
professional capacities; (k) patient or inmate help in all hospitals and in-
stitutions operated by the city; (l) persons temporarily employed in a
professional or scientific capacity or to conduct a special inquiry, investi-
gation, examination or installation, if the council or the manager certifies
that such employment is temporary and that the work should not be per-
formed by employees in the classified service.

§ 9.09. Promotions. Vacancies in higher positions in the classified
service shall be filled as far as practicable by promotion from lower
classes upon the basis of competitive tests including a consideration of
service ratings, provided that in case the city manager so directs any such
position may be filled by competitive examination open not only to mem-
bers of the classified service but to persons not in the service of the city.
All tests for promotion shall be conducted by the director of personnel in
accordance with the rules adopted by the personnel board, and the * stx
highest candidates, if there be that many, shall be certified to the appoint-
ing authority and all promotional appointments shall be made from among
the persons so certified. A change from a position in any class to a
position in another class for which a higher maximum rate of pay is
prescribed shall be considered a promotion.

§ 12.07. Contracts for Capital Improvement Projects.—Whenever
any capital improvement project is to be undertaken by the city or any
department, board, commission or agency thereof, except the school board
and the department of public utilities, it shall be the duty of the director
of public works to cause plans, specifications and estimates of cost of such
capital improvement project to be made. The school board and department
of public utilities may utilize the services of the department of public
works in preparing plans, specifications and estimates of cost for capital
improvement projects relating to their respective functions but they may,
in the discretion of the school board or director of public utilities, as the
case may be, cause such plans and specifications to be prepared by their
own employees or by architects and engineers engaged for the purpose.
In the case of any capital improvement project, except one relating to
school buildings and grounds, if the estimate of cost is ten thousand
dollars or less it may, in the discretion of the city manager, be constructed
either by contract or by the employees of the department of public works
or the department of public utilities, as the case may be. If the estimate
of cost is more than ten thousand dollars such capital improvement project
shall, except as hereinafter provided, be constructed by contract. No
contract for any capital improvement project estimated to cost more than
one thousand dollars shall be let except upon sealed bids based on the
plans and specifications prepared by the department of public works or
the department of public utilities, which bids shall be advertised for,
received, opened and tabulated by the director of * general services in the
manner and subject to the conditions prescribed by ordinance. The con-
tract shall be awarded by the director of * general services to the lowest
responsible bidder, provided that the city manager, when the estimated
cost of the capital improvement project is ten thousand dollars or less,
and the council in all other cases, may authorize the rejection of all bids,
instruct the director of * general services to readvertise for bids with
or without modification of the plans and specifications for such capital
improvement project or order the same to be constructed by the depart-
ment of public works or the department of public utilities, as the case
may be. A record of all bids, showing the names of the bidders and the
amounts of the bids and indicating in each case the successful bidder,
together with the originals of all sealed bids and other documents per-
taining to the award of contracts, shall be preserved by the director of *
general services for six years in a file which shall be open to public
inspection during regular business hours. No capital improvement project
which is essentially a unit shall be divided for the purpose of evading the
intent of this section.

§ 12.08. School Board Contracts for Capital Improvement Projects.
—The school board may make use of the contract procedure provided by
§ 12.07 and if it does so the authority to reject all bids and order the
director of * general services to readvertise for bids shall be vested in the
school board, provided that the execution of any capital improvement
project relating to school buildings or grounds shall not be undertaken by
the department of public works except upon the request of the school
board and with the approval of the city manager. The school board may,
in its discretion, adopt its own procedure for the letting of contracts for
capital improvement projects, provided that no such project involving an
estimated cost of more than ten thousand dollars shall be let except on
sealed bids.

§ 14.02. 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; () the
protection of the inhabitants of the city from contagious, infectous and
other diseases; (c) the abatement of nuisances detrimental to public
health; (d) the operation of city hospitals, sanatoria and laboratories and,
subject to the provisions of this section, the furnishing of medical aid
and care to the indigent; (e) the conducting of clinics, nursing and edu-
cational 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 ordmance.
The Council may by ordinance transfer or assign the function of furnish-
ing medical aid and care to the indigent at the institution known as the
city home or at such other similar institution as may be operated by the
city for furnishing medical aid and care to the indigent from the depart-
ment of public health and to the deparmtent of public welfare.

§ 15.02. Functions. The department of public welfare shall be
responsible for: (a) the duties imposed by the laws of the Commonwealth
relating to public assistance and relief of the poor; and (b) * such other
powers and duties as may be assigned to the department by law or
ordinance. The council may by ordinance transfer or assign the function of
furnishing medical aid and care to the indigent at the institution known
as the city home or at such other similar institution as may be operated
by the city for furnishing medical aid and care to the indigent from the
department of public health to the department of public welfare.

§ 16.06. Advisory Board of Recreation and Parks. There shall be
an advisory board of recreation and parks consisting of * nine members
of whom one shall be 2 member of the school board, appointed by the
school board, and one a member of the city planning commission, ap-
pointed by the city planning commission, for terms of two years from the
the first Tuesday in September 1948 and every two years thereafter, but
in no case shall a member so appointed continue to be a member of the
advisory board of recreation and parks after the expiration of his term
as a member of the school board or the city planning commission, as the
case may be; and of whom * seven shall be appointed by the council for
terms of three years, provided that * the members of the advisory board
previously appointed by the council and in office at the effective date of
this section shall continue to serve as members of the board for the terms
for which they were appointed, and provided that of the additional mem-
bers appointed by the council two shall be appointed for terms of one
year and two shall be appointed for terms of two years from the first
Tuesday in September following their appointment. Vacancies shall be
filled by the authority making the appointment, for the unexpired portion
of the term. The advisory board of recreation and parks shall choose
annually one of its own number to be chairman for a term of one year
and until his successor is chosen and qualified. An employee of the
department of recreation and parks shall be assigned by the director of
recreation and parks to act as secretary of 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 recreation and parks. The advisory
board of recreation and parks shall advise with the director of recreation
and parks on all matters submitted by him for their consideration. The
members of the advisory board of recreation and parks shall serve without
compensation.

§ 17.08. Organization and Expenditures—The commission shall
elect a chairman and vice-chairman from among the citizen members
appointed by the council, for a term of one year, who shall be eligible for
re-election, and appoint a secretary. The commission shall hold at least
one regular meeting in each month, shall adopt rules for the transaction
of its business, and shall keep a record of its resolutions, transactions,
findings and determinations, which record shall be a public record. The
commission * may appoint a director of planning who shall be a person
trained and skilled in city planning, shall be the administrative officer of
the commission and shall perform such duties as the commission shall pre-
seribe. The commission shall also appoint such employees as it may deem
necessary for its work and may contract with city planners, engineers,
architects and other consultants for services it may require. All expendi-
tures, exclusive of gifts to the commission, shall not exceed the sums appro-
priated by the council therefor.

§ 17.06. Adoption of Master Plan by Commission and Approval by
Council. The commission may adopt the master plan as a whole by a
single resolution or may by successive resolutions adopt successive parts
of the plan, said parts corresponding to major geographical sections or
geographical or topographical divisions of the city or with functional sub-
divisions of the subject matter of the plan, and may adopt any amendment
or extension thereof or addition thereto. Before the adoption of the plan or
any such part, amendment, extension or addition, the commission shall hold
at least one public hearing thereon at least fifteen days’ notice of the time
and place of which shall be given by one publication in a daily newspaper
of general circulation published in the city. The adoption of the plan or of
any such part, amendment, extension or addition shall be by resolution of
the commission carried by the affirmative vote of not less than a majority
of the entire membership of the commission. The resolution shall refer
expressly to the maps and descriptive matter and other matter intended by
the commission to form the whole or part of the plan adopted, which reso-
lution shall be signed by the chairman of the commission and attested by
its secretary. An attested copy of the resolution, accompanied by a copy of
so much of the plan in whole or in part as was adopted thereby, and each
amendment, alteration, extension or addition thereto adopted thereby shall
be certified to the council * . Neither the master plan nor any part,
ment, extension or addition thereto shall become effective until the action
of the commission with respect thereto set out in the resolution shall have
been approved by the council by ordinance or resolution. Upon the ap-
proval of the action of the commission by the council, an attested copy of
the resolution adopted by the commission accompanied by a copy of so
much of the plan in whole or in part as was adopted thereby, and each
amendment, alteration, extension or addition thereto thereby adopted,
together with the ordinance or resolution adopted by the council shall be
certified to the clerk of the chancery court of the city and to the clerk of
the hustings court, part Two, who shall file the same in their respective
offices, and shall index the same in the deed index book in the name of
the city and under the title: master plan of the city.

§ 17.07. Effect of Adoption and Approval of Master Plan. When-
ever the commission shall have adopted a master plan for the city or one
or more parts thereof, geographical, topographical or functional, and the
master plan or such part or parts thereof and any amendment or extension
of the plan or part thereof or addition thereto shall have been approved
by the council and it has been certified and filed as provided in the pre-
ceding section, then and thereafter no street, square, park or other public
way, ground, open space, public building or structure, shall be constructed
or authorized in the city or in the planned section or division thereof until
and unless the general location, character and extent thereof has been sub-
mitted to and approved by the commission; and no public utility, whether
publicly or privately owned, shall be constructed or authorized in the city
or in the planned section or division thereof until and unless its general
location, but not its character and extent, has been submitted to and ap-
proved by the commission, but such submission and approval shall not be
necessary in the case of pipes or conduits in any existing street or pro-
posed street, square, park or other public way, ground or open space, the
location of which has been approved by the commission; and no ordinance
giving effect to or amending the comprehensive zoning plan as provided in
section 17.10 shall be adopted until it has been submitted to and approved
by the commission. In case of disapproval in any of the instances enumer-
ated above the commission shall communicate its reason to the council
which shall have the power to overrule such action by a recorded vote of
not less than two-thirds of its entire membership. The failure of the com-
mission to act within sixty days from the date of the official submission
to it shall be deemed approval. The widening, extension, narrowing, en-
largment, vacation or change in the use of streets and other public ways,
grounds and places within the city as well as the acquisition by the city of
any land within or without the city for public purposes or the sale of any
land then held by the city shall be subject to similar approval and in case
the same is disapproved such disapproval may be similarly overruled. The
foregoing provisions of this section shall not be deemed to apply to the
pavement, repavement, reconstruction, improvement, drainage or other
work in or upon any existing street or other existing public way.
3. An emergency exists and this act is in force from its passage.