An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1962 |
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Law Number | 155 |
Subjects |
Law Body
CHAPTER 155
An Act to provide a new charter for the City of Franklin; and to repeal
Chapter 128 of the Acts of Assembly of 1875-1876, approved March
15, 1876, which provided a new charter for the Town of Franklin, in
the County of Southampton, and all amendments thereof. rH 286)
Approved February 28, 1962
Be it enacted by the General Assembly of Virginia:
INCORPORATION AND BOUNDARIES
1. § 1.01. Incorporation.—The inhabitants of the territory comprised
within the limits of the City of Franklin, as the same now are or may
hereafter be established by law, shall continue to be a body politic and
corporate under the name of the City of Franklin, and as such shall have
perpetual succession, may sue and be sued, contract and be contracted
with and may have a corporate seal which it may alter, renew or amend
at its pleasure.
§ 1.02. Boundaries.—The boundaries of the city shall be the boun-
daries of the Town of Franklin, its predecessor, as described in Chapter
123 of the Acts of the General Assembly of 1875-1876, approved March
15, 1876, as modified and enlarged by the decree of the Circuit Court of
Southampton County entered on May 25, 1906, in the annexation pro-
ceedings styled Town of Franklin v. County of Southampton, Virginia,
which decree is recorded in the Clerk’s Office of the Circuit Court of
Southampton County, Virginia, in Common Law Order Book 8 at pages
359, et seq., and as further modified and enlarged by the decree of the
Circuit Court of Southampton County entered on March 5, 1925, in the
annexation proceedings styled Town of Franklin v. County of Southamp-
ton which decree is recorded in the Clerk’s Office of the Circuit Court of
southampton County, Virginia, in Common Law Order Book 12 at pages
129, et seq., and as further modified and contracted by the decree of the
Circuit Court of Southampton County entered on May 27, 1932, in the
proceedings stvled Town of Franklin v. County of Southampton, which
decree is recorded in the Clerk’s Office of the Circuit Court of Southamp-
ton County, Virginia, in Common Law Order Book 18 at pages 443, et
seq., and as further modified and enlarged by the decree of the Circuit
Court of Southampton County entered on May 26, 1949, in the annexation
proceedings styled Town of Franklin v. County of Southampton, which
decree is recorded in the Clerk’s Office of the Circuit Court of Southamp-
ton County, Virginia, in Common Law Order Book 16 at pages 194, et
seq., and as further modified and enlarged by the decree of the Circuit
Court of Southampton County entered on November 13, 1959, in the
annexation proceedings styled Town of Franklin v. County of Southamp-
ton, which decree is recorded in the Clerk’s Office of the Circuit Court of
Southampton County, Virginia, in Common Law Order Book 19 at pages
264, et seq., so as to coincide with the outside boundaries of the City of
Franklin existing immediately preceding the effective date of this charter.
§ 1.03. Form of Government.—The municipal government provided
by this charter shall be known as the “city manager plan’, and shall be
the same as adopted by decree of the Circuit Court of Southampton
County, Virginia, on March 28, 1922, and set forth in Common Law Order
Book 11, page 302, in the office of the Clerk of said court, and as subse-
quently amended by Chapter 6 of the Acts of Assembly of 1954, approved
February 18, 1954.
POWERS
§ 2.01. General Grant of Powers.—The city shall have and may
exercise all powers which are now or may hereafter be conferred upon
or delegated to cities under the Constitution and laws of the Common-
wealth and all other powers pertinent to the conduct of a city government
the exercise of which is not expressly prohibited by the said Constitution
and laws and which in the opinion of the Council are necessary or desir-
able to promote the general welfare of the city and the safety, health,
peace, good order, comfort, convenience and morals of its inhabitants, as
fully and completely as though such powers were specifically enumerated
in this charter, and no enumeration of particular powers in this charter
shall be held to be exclusive but shall be held to be in addition to
this general grant of powers.
§ 2. Powers enumerated by the General Statutes of Virginia.—
The powers set forth in §§ 15-77.1 through 15-77.70 of the Code of Vir-
ginia as in force on January 1, 1962, are hereby conferred on and vested
in the City of Franklin.
§ 2.08. Additional Powers.—In addition to the powers granted by
other sections of this charter the city shall have power, unless prohibited
by general law:
(a) To raise annually by taxes and assessments in said city on all
subjects the taxation of which by cities is not forbidden by general law,
such sums of money as the council herein provided for shall deem neces-
sary for the purpose of said city, and in such manner as said council shall
deem expedient, in accordance with the Constitution and laws of this
State and of the United States; provided, however, that said tax for
general city purposes shall not exceed the sum of four dollars and fifty
cents on the hundred dollars of assessed value of real and personal prop-
erty subject to taxation by the city. In addition to the tax for general city
purposes the council may levy a tax for the operation and maintenance of
its schools.
(b) To levy and collect taxes for admission to or other charge for
any public amusement, entertainment, performance, exhibition, sport or
athletic event in the city, which taxes may be added to and collected with
the price of such admission or other charge.
(c) To establish, impose, and to require licenses, prohibit the conduct
of any business or profession without such a license, require taxes to be
paid on such licenses in respect of all businesses and professions which
cannot in the opinion of the council be reached by the ad valorem system;
to require of owners of motor vehicles, trailers and semitrailers, residing
in or having a place of business in the city in which business the said motor
vehicle is used, if said motor vehicle, trailers and semitrailers are operated
on the streets of the city, licenses for the privilege of operating such ve-
hicles in the city, such licenses to be issued and the fees therefor fixed by
the council.
(d) Within and without the city to collect and dispose of garbage
and other refuse and to construct, maintain and operate incinerators,
dumps or other facilities for such purposes.
(e) To acquire, construct, own, maintain and operate, within and
without the city, water works, sewerage disposal works, gas plants and
electric plants, with the pipe and transmission lines incident thereto, to be
managed and controlled as provided by an ordinance for the purpose of
supplying water, gas and electricity and disposing of sewerage within and
without the city, and to charge and collect compensation therefor, and to
provide penalties for the unauthorized use thereof. The said city shall have
the power and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.
CITY COUNCIL
§ 3.01. The Council shall consist of five members, who shall be
elected by the qualified voters of the city on a general ticket at large. The
members of the council in office at the effective date of this charter are
hereby continued in office for the terms for which they were elected. On the
second Tuesday in June 1962 there shall be elected by the qualified voters
of the city five councilmen who shall be elected at large. The three council-
men who receive the largest number of votes shall hold office for terms of
four years commencing on the first day of September 1962 following their
election and ending upon the expiration of the last day of August 1966, and
the two councilmen receiving the next largest number of votes shall hold
office for terms of two years commencing on the first day of September
1962 following their election and ending upon the expiration of the last
day of August 1964. On the second Tuesday in June of 1964, and on the
said day each four years thereafter, there shall be a general city election,
at which there shall be elected two councilmen. On the second Tuesday in
June of 1966, and on the said day each four years thereafter, there shall
be a general city election, at which there shall be elected three councilmen.
The councilmen elected in June 1964 and thereafter shall be elected at
large, shall hold office for terms of four years beginning on the first day
of September next following the date of their election and until their
successors are duly elected and qualified.
§ 3.02. Vacancies in Office of Councilman.—Vacancies in the office
of councilman, from whatever cause arising, shall be filled for the unex-
pired portion of the term by majority vote of the remaining members of
the council, or, if the council shall fail to act within sixty days of the oc-
currence of the vacancy, by appointment of the circuit court of South-
ampton County, or the judge thereof in vacation.
§ 3.03. Compensation of Councilmen.—The Council may provide and
fix a salary for the Mayor at such sum not exceeding $900.00 per annum
as it may determine, and salaries for each of its other four members at
such sum not exceeding $600.00 per annum each as it may determine.
No member of the council shall during the term for which he was
elected or appointed or for one year thereafter be appointed to any office
of profit under the government of the city.
§ 3.04. Rules of Procedure.—The council shall have power, subject
to the provisions of this charter, to adopt its own rules of procedure. Such
rules shall provide for the time and place of holding regular meetings of
the council which shall be not less frequently than once in each month.
They shall also provide for the calling of special meetings by the mayor, or
any two members of the council, and shall prescribe the method of giving
notice thereof, provided that the notice of each special meeting shall contain
a statement of the specific item or items of business to be transacted and
no other business shall be transacted at such meeting except by unanimous
consent of all the members of the council. A majority of the members of
the council shall constitute a quorum for the transaction of business.
§ 3.05. Voting.—No ordinance, resolution or motion shall be adopted
by the council except at a meeting open to the public and by the affirmative
votes of at least three members, provided this does not apply to motions to
adjourn, to fix a time and place to which adjourned, and other motions
of a purely procedural nature. All voting may be by ayes and noes, except
on request by any one member therefor, the voting shall be by roll call
and the ayes and noes shall be recorded in the journal.
§ 3.06. Election of Mayor and Vice-Mayor.—The mayor in office
at the effective date of this charter is hereby continued in office for the
term for which he was elected and until his successor has been elected and
qualified. At the first meeting of the council after September 1, 1962, and
at each first meeting immediately following the taking of office of council-
men after a councilmanic election, the council shall choose by majority
vote of all the members thereof one of their number to be mayor and one
to be vice-mayor for the ensuing term of two years. The mayor shall pre-
side over the meetings of the council and shall have the same right to vote
and speak therein as other members. He shall have no veto power. He shall
be recognized as the head of the city government for all ceremonial pur-
poses, the purposes of military law, and the service of civil process. The
vice-mayor, in the absence or disability of the mayor, shall perform the
duties of mayor, and if a vacancy shall occur in the office of mayor, the
vice-mayor shall become mayor for the unexpired portion of the term. In
the absence or disability of both the mayor and the vice-mayor, the council
shall by majority vote of those present choose one of their number to per-
form the duties of mayor.
§ 3.07. Clerk to the Council.—The council shall appoint a clerk to the
council to serve at the pleasure of the council. He shall keep the journal of
the council’s proceedings and shall record all ordinances in a book kept for
the purpose. He shall be the custodian of the corporate seal of the city and
shall be the officer authorized to use and authenticate it. He shall receive
such compensation as clerk to the council as may be determined by council.
§ 3.08. Powers of City Council.—All powers of the City of Franklin
as a body politic and corporate shall be vested in the council except as
otherwise provided in this charter. The council shall be the policy deter-
mining body of the city and shall be vested with all the rights and powers
conferred on councils in cities, not inconsistent with this charter. In addi-
tion to the foregoing, the council shall have the following powers:
(a) To have full power to inquire into the official conduct of any of-
fice or officer under its control, and to investigate the accounts, receipts,
disbursements, and expenses of any city employee; for these purposes it
may subpoena witnesses, administer oaths and require the production of
books, papers, and other evidence; and in case any witness fails or refuses
to obey any such lawful order of the council, he shall be deemed guilty of
a misdemeanor.
(b) To provide for the performance of all the governmental functions
of the city; and to that end to provide for and set up all departments and
agencies of government that shall be necessary. Whenever it is not desig-
nated in this charter what officer or employee of the city shall exercise any
power or perform any duty conferred upon or required of the city, or any
officer thereof, by general law, then any such power shall be exercised
or duty performed by that officer or employee of the city so designated
by ordinance or resolution of the council. Any activity which is not as-
signed by the provisions of this charter to specific departments or agencies
of the city government shall be assigned by the council to the appropriate
department or agency. The council may further create, abolish, reassign,
transfer, or combine any city functions, activities, or departments.
(c) After the close of each fiscal year the council shall cause to be
made an independent audit of the accounts, books, records, and financial
transactions of the city by the Auditor of Public Accounts of the Common-
wealth or by an independent certified public accountant or accountants toa
be selected by the council. The report of such audit shall be filed within
such time as the council shall specify and one copy thereof shall be always
available for public inspection in the office of the clerk to the council dur-
ing regular business hours. ;
Either the council or the city manager with the consent of the council
may at any time order an examination or audit of the accounts of any of-
ficer or department of the city government. Upon the death, resignation,
removal, or expiration of the term of any officer of the city, the council
may cause an audit and investigation of the accounts of such officer to be
made. In case of the death, resignation, or removal of the director of fi-
nance, the council may cause an audit to be made of his accounts. If as a
result of any such audit, an officer be found indebted to the city, the coun-
cil shall proceed forthwith to collect such indebtedness.
(d) The council shall fix a schedule of compensation for all city of-
ficers and employees. The council may by ordinance define certain classes
of city employees whose salaries shall be set by the city manager, except
that this provision shall not apply to the constitutional officers, the heads
of city departments, and judges.
(e) To prescribe the amount and condition of surety bonds to be re-
quired of such officers and employees of the city as the council may desig-
nate.
§ 3.09. Limitations on Power and Disqualifications.
(a) Any member of the council who is indicted for a felony shall be
suspended from office until the indictment is withdrawn or quashed or he
is tried and acquitted, and any member of the council who shall have been
convicted of a felony while in office shall thereby forfeit his office.
(b) Except for the purpose of inquiry, the council and its members
shall so long as the city manager form of government obtains deal with the
administrative service solely through the city manager, and neither the
council nor any member thereof shall have authority to give orders to any
of the subordinates of the city manager, either publicly or privately.
CHAPTER 4.
THE CITY MANAGER.
§ 4.01. Appointment, Tenure, Compensation, and Residence.—The
council shall appoint a city manager, who need not be a resident of the city
at the time of his appointment, and fix his compensation. He shall be the
chief administrative and executive officer of the city and shall devote his
full time to the work of the city. No member of the council shall, during
the time for which he has been elected or appointed, or for one year there-
after, be chosen city manager, nor shall the managerial powers be given
to a person who at the same time is filling an elective office.
The city manager shall not be appointed for a definite tenure, but
shall be removable at the pleasure of the council. The council may suspend
him from office, provided that the period of suspension shall be limited to
thirty days. The action of the council in suspending or removing the city
manager shall not be subject to review.
In case of the absence or disability of the city manager, the council
may designate some qualified person to perform the duties of the office.
§ 4.02. Powers and Duties.—The city manager shall be responsible
to the council for the proper administration of all the affairs of the city
which the council has authority to control, except the legal and judicial
departments. As the administrative and executive head of the city govern-
ment, he shall be responsible to the council for supervising the collection
of all revenues, guarding adequately all expenditures, securing proper ac-
counting for all funds, looking after the physical property of the city, ex-
ercising general supervision over all city departments, institutions, and
agencies, and coordinating the various activities of the city and unifying
the management of its affairs. To accomplish these purposes he shall have
the following specific powers and duties.
(a) The city manager shall appoint all employees in the service of
the city, except as otherwise provided in this charter. All appointments
shall be on the basis of ability, training and experience of the appointees
which fit them for the work they are to perform. All appointments shall
be without definite term, unless for temporary service not to exceed sixty
days. Any employee of the city appointed by the city manager may be laid
off, suspended, or removed from employment by the manager.
(b) The city manager may be appointed by the council to act as the
director or head of one or more of all departments of the city, provided
he is otherwise eligible to head such department or departments.
(c) With the approval of the council the city manager shall, subject
to the limitations of § 3.08 (d), fix the compensation of all employees
whom he or a subordinate may appoint or employ.
(d) The city manager shall enforce all resolutions, ordinances and
orders of the council and see that all laws of the State, required to be
enforced through the council or other city officers subject to the control
of the council are faithfully executed.
(e) He shall attend all meetings of the council and have the right to
take part in all discussions, to present his views on all matters coming
before the council, and to recommend such action as he may deem
expedient.
(f) He shall submit to the council each year a proposed annual
budget, with his recommendations and execute the budget as finally
opted.
(g) He shall make regular monthly reports to the council in regard
to matters of administration and keep the council fully advised as to the
financial condition of the city.
(h) He shall examine regularly the books and papers of every officer
and department of the city and report to the council the condition in which
he finds them.
(i) The city manager shall perform such other duties as may be
imposed upon him by the council.
FINANCIAL ADMINISTRATION
§ 5.01. Department of Finance.—There may be a department of
finance which shall be under the supervision of a director of finance, who
may be the city manager or a person appointed by the city manager with
the approval of the council, and which shall include the city treasurer and
the city commissioner of the revenue and their respective offices.
§ 5.02. General Duties of Director.—The director of finance shall be
the administrative head of the department of finance and as such shall
have charge of the financial affairs of the city, including such powers and
duties as may be assigned to the director of finance, or department of
finance, by ordinance or resolution of the council not inconsistent with
this charter or with the Constitution and general laws of this Common-
we
§ 5.03. Expenditures and Accounting.—No money shall be drawn
from the treasury of the city, nor shall any obligation for the expenditure
of money be incurred, except in pursuance of the annual appropriation
ordinance or legally enacted supplement thereto, or subsequent resolution
enacted by the council. Accounts shall be kept for each item of appropria-
tion made by the council. Each such account shall show in detail the
appropriations made thereto, the amount drawn thereon, and the unen-
cumbered balance in the appropriation account sufficient to meet the oblli-
gation entailed by contract, agreement, or order.
§ 5.04. Real Estate Reassessments.
(a) The council of the City of Franklin shall have the power, in lieu
of the means and methods prescribed by law, to provide by ordinance for
the annual, biennial or triennial assessment and reassessment and equali-
zation of assessments of real estate for local taxation and to that end
shall appoint as city assessor or assessors, one or more persons to assess
or reassess for taxation the real estate within the City of Franklin, and
to prescribe the duties and term of office of said assessor or assessors.
(b) Such assessor or assessors shall make such assessment and re-
assessments on the same basis as real estate is required to be assessed
under the provisions of the Code of Virginia and as of the first day of
January of each year in which such assessment and reassessment and
equalization of assessments is made, shall have the same authority as the
assessors appointed under the provisions of the Code, and shall be charged
with duties similar to those thereby imposed upon such assessors, except
that such assessments and reassessments so made shall have the same
effect as if they had been made by assessors appointed under the provi-
sions of the said Code.
(c) The term of such assessor or assessors shall be fixed by the
council, and any vacancy or vacancies, however occurring, shall be filled
by the council. The council shall likewise fix the compensation of any such
assessor or assessors, provide such clerical or other assistance as may be
necessary, and provide for the payment of such salaries and other expenses
as may be properly incident to the work involved. And all such salaries,
expenses and other costs incurred in connection with such assessment or
reassessment shall be paid out of the treasury of the city.
(d) The Circuit Court of Southampton County or the judge thereof
in vacation shall annually appoint for said City of Franklin, a board of
review of real estate assessments to be composed of three members, who
shall be freeholders of the City of Franklin. 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 court or the judge 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 city council, and to be paid out of
the treasury of the city, and the city council may limit the per diem com-
pensation to such number of days, as, in its judgment, is sufficient for the
completion of the work of the board.
(e) Such board of review shall have and may exercise the powers to
revise, correct, and amend any assessment of real estate made by said
assessor in the year in which they serve, and to that end shall have all
powers conferred upon boards of equalization by general law. The provi-
sions of general law notwithstanding, however, the board of review may
adopt any regulations providing for the oral presentation, with formal
petitions or other pleadings of requests for review, and looking to the
further facilitation and simplification of proceedings before the board.
(f) Any person or the city, if aggrieved by any assessment made by
said board of review, may apply for relief in the manner provided by
general law.
(zg) This section shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.
(h) All acts and parts of acts relating to the assessment of real
estate in cities not in conflict with the provisions of this section shall apply
to the assessments made pursuant to this section.
§ 5.05. Disposition of Moneys.—All moneys received or collected for
the use of the city from any source shall be paid over, held, and disbursed
as the council may order or resolve, and in such depository or depositories
as may be prescribed by the council, either by ordinance or resolution.
Such depository or depositories may be required to furnish such security,
and under such conditions, as the council may prescribe, not inconsistent
with general laws of the Commonwealth.
§ 5.06. Treasurer and Commissioner of Revenue; Election; Vacan-
cies.—At the general election to be held on the first Tuesday following the
first Monday in November in the year 1965, and on the said date every
four years thereafter, there shall be elected by the qualified voters of the
city a commissioner of revenue and a city treasurer. In case of a vacancy
in the office of commissioner of revenue or city treasurer, the council, by
a majority vote, shall select a qualified person, who must be an elector of
the city, to fill the office in which such vacancy occurs for the unexpired
term. The treasurer and commissioner of revenue shall have such powers
and perform such duties and receive such compensation as are provided
by the Constitution of the Commonwealth, and, except as are otherwise
provided in this charter, as are provided by the provision of general law
for cities.
§ 5.07. Duties of Commissioner of Revenue.—The commissioner of
revenue shall perform such duties not inconsistent with the laws of the
Commonwealth in relation to the assessment of property and licenses as
may be required by the council for the purpose of levying city taxes and
licenses. He shall have power to administer such oaths as may be required
by the council in the assessment of licenses taxes or other taxes for the
city. He shall make such reports in regard to the assessment of both prop-
erty and licenses, or either, as may be required by the council or by the
director of finance. He shall perform such other duties as may be required
of him by the council.
§ 5.08. Duties of Treasurer.—The city treasurer shall collect and
receive, all money due the city by the State and all taxes and levies due
the State and collected within the city, and disburse same as provided by
the general laws of the Commonwealth relating to city treasurers, and
may be authorized by the council also to collect and receive all money,
taxes and levies due the city and disburse the same according to this
charter and the ordinances enacted by the city.
§ 5.09. Claims.—The director of finance shall audit all claims against
the city for goods or services. It shall also be his duty to ascertain that
such claims are in accordance with the purchase orders or contracts of
employment from which the same arise, to present such claims for ap-
proval to the council, or such person as the council may designate; to keep
a record of the revenues and expenditures of the city in a manner which
will permit reporting of those revenues and expenditures in such form as
the council may prescribe; and at the end of each month to prepare and
submit to the council and to the city manager statements showing the
progress and status of the affairs of the city in such form as the council
may prescribe.
§ 5.10. Director and Purchasing Agent.—The director of finance
shall act as purchasing agent for the city and all the departments, offices,
boards, commissions, and other agencies thereof, unless the city manager
with the approval of the council shall designate some other officer or
employee of the city for such purpose. The director of finance or the
person designated as purchasing agent shall have such powers and duties
relative to city purchasing activities as shall be prescribed by the council,
including, if the council so prescribes, the custody and distribution of city
supplies, materials, and equipment, the establishment and enforcement of
specifications, and the solicitation and acceptance of competitive bids for
city purchases.
§ 5.11. Other Duties of Director.—The director of finance shall per-
form such other duties as may be imposed upon him by the city manager.
5.12. Fiscal Year.—The fiscal year of the city shall begin on the
first day of July annually and end on the thirtieth day of June of the
succeeding year, provided, however, that the council may by ordinance
designate a different fiscal year.
§ 5.13. Submission and Adoption of Budget.—Annually, not later
than one month prior to the first day of the fiscal year, the city manager
shall prepare and submit to the council a budget presenting a financial
plan for conducting the affairs of the city for the ensuing fiscal year. Such
budget shall be set up in the manner provided by law, and shall include
such information as the council by ordinance or resolution may require.
Hearings on the budget shall be held and notice thereof given and the
budget adopted in accordance with general laws of the Commonwealth.
§ 5.14. Borrowing Powers.—The council may, in the name and for
the use of the city, incur indebtedness by issuing its negotiable bonds or
notes for the purposes, in the manner, and to the extent provided for in
the following paragraphs of this chapter.
§ 5.15. Purpose for which Bonds or Notes may be Issued.—Bonds,
and notes in anticipation of bonds when the issuance of bonds has been
authorized as hereinafter provided, may be issued for any purpose for
which cities are authorized to issue bonds by the Constitution or general
laws of this State.
Notes in anticipation of collection of revenue may be issued, when
authorized by the council, at any time during the fiscal year, provided
that said notes shall mature not later than twelve months after date of
issue, and the amount thereof shall not exceed the revenues anticipated.
§ 5.16. Manner of Issuing Bonds and Notes.—Bonds and notes of
the city may be issued in any manner provided by general law.
DEPARTMENT OF LAW
§ 6.01. Department of Law.—There shall be a department of law
which shall consist of the city attorney, who shall be head of the depart-
ment, and such assistant attorneys and other employees as may be provided
by ordinance.
§ 6.02. City Attorney.—The head of the department of law shall be
appointed by the council. He shall be an attorney at law licensed to prac-
tice under the laws of the Commonwealth. The city attorney shall be the
chief 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. He shall represent the city
in all civil proceedings. It shall be his duty to perform all services inci-
dent to his position as may be required by the laws of the Commonwealth,
this charter, or by ordinance. He shall have genera] management and con-
trol of the department.
DEPARTMENT OF PUBLIC SAFETY
§ 7.01. Fire and Police Functions.—The department of public safety
shall consist of the division of fire and the division of police and such other
functions and activities as may be assigned to it by the city council. The
department of public safety shall be under the supervision of a director
of public safety who may be the city manager or a person appointed by
the city manager with the approval of the council.
The division of police shall consist of such police officers as may be
appointed by the city manager and shall be under the supervision of a
chief of police to be appointed by the city manager with the approval of
the council. The chief of police and police officers shall have all the powers
and duties of police officers as provided by the general laws of the Com-
monwealth.
_ The division of fire shall consist of such fire officers as may be ap-
pointed by the city manager and shall be under the supervision of a fire
chief to be appointed by the city manager with the approval of the coun-
cil. The fire chief and fire officers shall have all the powers and duties of
fire officers as provided by this charter, ordinances and general laws of the
Commonwealth.
DEPARTMENT OF PUBLIC WORKS
§ 8.01. Department of Public Works.—There may be a department
of public works which shall consist of the Director of Public Works who
may be the city manager or a person appointed by the city manager with
the approval of the council and such other officers and employees organized
into such bureaus, divisions and other units as may be provided by ordi-
nance or by the orders of the director consistent therewith.
§ 8.02. 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; the custody of such equipment and supplies as the city manager
may require; and such other powers and duties as may be assigned to the
department by the city manager.
DEPARTMENT OF PUBLIC UTILITIES
§ 9.01. Department of Public Utilities —There may be a department
of public utilities which shall consist of the director of public utilities, who
may be the city manager or a person appointed by the city manager with
the approval of the council, and such other officers and employees organ-
ized into such bureaus, divisions and other units as may be provided by
ordinance or by the orders of the director consistent therewith.
§ 9.02. Functions.—The department of public utilities shall be re.
sponsible for: the operation of the electric department and such other
powers and duties as may be assigned to the department by the city man-
ager.
DEPARTMENT OF HEALTH
§ 10.01. Department of Public Health.—There may be a department
of public health which shall consist of the director of public health, to be
appointed by the city manager with the approval of the council 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 direc-
tor consistent therewith.
§ 10.02. Functions.—The department of public health shall be re-
sponsible for the exercise of all health functions imposed on municipalities
by general law and such other functions as may be assigned to the
department.
§ 10.08. Director of Public Health.—The head of the department of
public health shall be the director of public health. He shall have general
management and control of the several bureaus, divisions, and other units
of the department. He shall 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 municipal boards of health and health officers
by the laws of the Commonwealth, as well as the powers and duties con-
ferred or imposed on him by this charter and the ordinances of the city.
§ 10.04. Board of Health.—The council may select two or more
qualified citizens of the city, who together with the director of public
health shall constitute the board of health. The board of health shall
advise and cooperate with the department of health and shall have power
to adopt necessary rules and regulations, not in conflict with law, con-
cerning the department. The provisions of general law relating to the
esta biishment of local boards of health shall not apply to the City of
ranklin.
§ 10.05. Contractual Services.—The council may, in its discretion,
effectuate the powers, duties, and functions assigned to the department
of public health in this chapter through contractual agreements with the
State Department of Health, neighboring cities and counties.
DEPARTMENT OF PUBLIC WELFARE
§ 11.01. There may be a department of public welfare which shall
be under the supervision of a director of public welfare, who may be the
city manager or a person appointed by the city manager with the approval
of the council. The director of public welfare shall constitute the local
board of public welfare of the city. The director of public welfare shall
appoint the superintendent of public welfare and such other employees
of the department as may be necessary. The superintendent of public
welfare of an adjacent county or counties may be appointed superintendent
of public welfare of the city. The department of public welfare shall be
responsible for carrying out the duties and functions imposed on local
boards and superintendents of public welfare by general law and such
other duties as may be assigned by council.
SCHOOLS
§ 12.01. School District.—The City of Franklin shall constitute a
separate school district.
§ 12.02. Number and Qualifications of Board.—The school board
shall consist of three or more trustees who shall be qualified voters of
the city and not a member of the city council.
§ 12.08. Appointment.—At its first meeting after this charter be-
comes effective, the council shall appoint three or more trustees, one for
a term expiring December 31, 1963, another for a term expiring December
31, 1964, and the others for a term expiring December 31, 1965. At its
first regular meeting in September 1963, and every year thereafter, at its
first regular September meeting, the council shall appoint one or more
trustees for a term of three years, whose term or terms shall begin
January Ist, following his or their appointment.
§ 12.04. Compensation.—The compensation to be paid to each
trustee shall be fixed by a majority vote of the council, provided however
that the annual compensation to be paid to any trustee shall not exceed
the sum of $400.00 for his services as such.
§ 12.05. Powers.—The establishment, maintenance and operation of
a system of free public schools within the City of Franklin shall be under
the control of the school board, appointed by the city council in accordance
with the provisions of this charter, the Constitution of Virginia, the laws
of the Commonwealth, the regulations of the State Board of Education;
and said board shall have all the rights, privileges, powers, and duties
granted or empowered by the said provisions, Constitution, laws, and
regulations, including but not limited to the right to enter into contractual
relationships with neighboring political subdivisions relating to the edu-
cation of the school population of such neighboring political subdivisions
and relating to the education of the school population of the city; and
nothing in this charter shall negate any rights, privileges, powers, or
duties granted or empowered to the school board by said provisions,
Constitution, laws, and regulations; and neither shall the school board
have any such rights, privileges, powers, and duties not provided by said
provisions, Constitution, laws and regulations.
ADMINISTRATION OF JUSTICE
§ 13.01. Circuit Court.—The City of Franklin shall be and continue
in every respect within the jurisdiction of the circuit court of Southampton
County and there shall be one and the same circuit court for the County
of Southampton and the City of Franklin. There shall be for said County
of Southampton and the City of Franklin but one circuit courthouse and
circuit court clerk’s office and the circuit court clerk of the County of
Southampton shall continue in all respects as the clerk of such circuit
court. Such court shall continue to be within the second judicial circuit
and to be known as the circuit court of the County of Southampton; and
such court shall have the same jurisdiction in the City of Franklin in all
respects as corporation courts have in other cities of its class.
§ 13.02. Municipal Courts.
(a) There shall be a municipal court which shall be presided
over by a judge appointed by the council for a term of two years and
thereafter until his successor has been appointed and qualified. The judge
in office at the effective date of this charter is hereby continued in office
for the term for which he was appointed and until his successor has been
appointed and qualified. Appointments to vacancies shall be for the unex-
pired term.
(b) There shall be a juvenile and domestic relations court which shall
be presided over by a judge who shall possess the same qualifications and
serve for the same term as the municipal judge. The municipal judge
may also serve as judge of the juvenile and domestic relations court.
The judge shall have and possess all the authority and jurisdiction given
judges of juvenile and domestic relations courts in counties by general
law; and the procedure and removals from his court shall be governed
by general law applicable to such judges in the counties of the State. He
shall take the oath prescribed by law, and shall receive such compensation
and give such bond as the council may prescribe.
§ 13.038. Municipal Judge.—Qualifications.—The municipal judge at
the time of his appointment and during his term of office, may also serve
as judge of the juvenile and domestic relations court. The municipal judge
shall be an attorney at law qualified and authorized to practice law in
this State.
§ 13.04. Municipal Court.—Jurisdiction, Compensation, and Bond.—
The jurisdiction, powers, authority, and duties of the municipal judge
shall be the same as are now or may hereafter be conferred and imposed
upon judges of municipal courts by the laws of this State in civil and
criminal matters, including violations of city ordinances, and the proce-
dure, removals, and appeals shall likewise conform to such laws. He
shall take the oath prescribed by law, and shall receive such compensation
and give such bond as the council may prescribe.
13.05. Municipal Judge Compensation.—The municipal judge shall
receive such salary as the council may determine, to be paid out of the
city treasury; and such portion of the expense of this, including salary as
may be borne by the Commonwealth, shall be paid directly into the general
fund of the city.
§ 13.06. Substitute Municipal Judge and Substitute Juvenile and
Domestic Relations Court Judge—The council shall appoint a substi-
tute municipal judge and substitute juvenile and domestic relations
court judge who shall possess the same qualifications as the municipal
judge and the judge of juvenile and domestic relations court and may at any
time revoke such appointment and may make a new appointment in the
event of such revocation, or of the death, absence, or disability of such sub-
stitute municipal judge or such substitute juvenile and domestic rela-
tions court judge. In the event of the inability of the municipal judge
and the judge of the juvenile and domestic relations court to perform the
duties of his office by reason of sickness, absence, vacation, interest in the
claim, proceedings, or parties before his court or otherwise, such substi-
tute municipal judge and such substitute juvenile and domestic rela-
tions court judge shall perform the duties of the office during such
absence or disability. The substitute municipal judge and substitute
judge of the juvenile and domestic relations court shall receive such com-
pensation as the council may determine to be paid out of the city treasury,
and such portion of the expense of this office, including salary, as may
be borne by the Commonwealth, shall be paid directly into the general
fund of the city.
§ 18.07. Sessions of Court.—The municipal court and the Juve-
nile and domestic relations court shall be kept open for the transaction of
business every day in the year, except Saturdays, Sundays and legal holi-
days, and cases shall be set for trial on such days as may be designated
for same by the judges of said courts.
13.08. Fees, Costs, and Fines.—Fees, costs and fines shall be
assessed, fixed and collected by the municipal judge in the same manner
as such fees, fines, and costs are assessed, fixed and collected by judges
of municipal courts under general law. All such fees, costs and fines shall
be paid into the city treasury for the benefit of the city; provided that
fines, costs and fees due to the State shall be paid to the proper officials
of the State.
§ 13.09. Clerk, Deputy Clerks.—The clerk of the municipal court
and of the juvenile and domestic relations court shall be appointed by
and serve at the pleasure of the judge of said court. The clerk of the
municipal court may also serve as clerk of the juvenile and domestic
relations court. The clerk may also, with the approval of the city council
appoint such deputy clerks and clerical assistants as may be necessary.
The clerk, any deputies, and clerical assistants shall receive such compen-
sation as the council may prescribe, take such oath as may be prescribed
by general law, and give such bond as may be prescribed by general law.
The powers, authority and duties of the clerk and any deputies shall be
the same as are now or may hereafter be conferred and imposed upon
clerks and deputy clerks by the laws of this State in civil and criminal
matters, including violations of city ordinances.
CONSTITUTIONAL OFFICERS
§ 14.01. Constitutional Officers and Election Thereof.—In addition
to the municipal officers provided for by the preceding provisions of this
charter there shall also be a sheriff, an attorney for the Commonwealth
and a clerk of said circuit court at Southampton County elected con-
jointly for the city and the County of Southampton by the qualified voters
of said city and county. The city treasurer, the city commissioner of the
revenue and the sheriff, attorney for the Commonwealth and clerk of said
circuit court of Southampton County at the effective date of this charter
are hereby continued in office for the terms for which they were appointed
or elected and until their successors have been appointed or elected and
qualified. Subsequent elections for any of the five above-mentioned offices
shall be held at the times, in the manner, and for the terms provided by
general law.
§ 14.02. Powers and Duties of Sheriff, Attorney for Commonwealth
and Clerk of Circuit Court.—The sheriff, attorney for the Commonwealth
and clerk of said circuit court of Southampton County shall exercise and
have the same rights and privileges, perform the same duties, have the
same jurisdiction and receive the same fees therefor in the city as they,
respectively, exercise and have and receive in the County of Southampton,
and shall receive such compensation as is prescribed by the general law.
CITY SERGEANT
§ 15.01. Appointment and Duties.—The council may appoint a city
sergeant, who may be a member of the police force. He shall be paid such
salary as the council may fix and all fees collected by him shall belong to
the city. The council may appoint such deputy city sergeants as may be
necessary. The sergeant and any deputy city sergeants shall have the au-
thority and powers and jurisdiction which is granted to sergeants of other
cities of the class of Franklin by the general laws of the Commonwealth
of Virginia and the ordinances of the City of Franklin and they shall per-
form such duties as may be prescribed by the State laws and the ordinances
of the City of Franklin. The city sergeant shall be conservator of the peace
and in criminal matters or offenses the city sergeant and deputy city ser-
geants shall have jurisdiction for one mile beyond the city limits of Franklin
in enforcing the criminal laws of the Commonwealth of Virginia. Any va-
cancies in the office of city sergeant and deputy city sergeants shall be filled
by the council.
GENERAL PROVISIONS
§ 16.01. Contractual Relationships.—The City of Franklin may, at
the option of the council, enter into contractual relationships with the
Commonwealth and/or its departments, bureaus, boards and agencies,
neighboring political subdivision, and private agencies for the performance
of any part of or all of the functions, or purposes of the city, on such terms
and for such periods as the council may determine to be in the public in-
terest, where such contractual relations are not specifically prohibited by
the Constitution and general laws of the Commonwealth. The school board
may, at its option, enter into contractual relationships with the Common-
wealth and/or its departments, bureaus, boards and agencies, neighboring
political subdivisions, and private agencies for the performance of any
part of or all of the functions, or purposes of the school board, on such
terms and for such periods as the school board may determine to be in the
public interest, where such contractual relations are not specifically pro-
hibited by the Constitution and general laws of the Commonwealth.
§ 16.02. Residence of Employees.—Except as otherwise provided in
this charter, the council shall have the power to provide by ordinance
from time to time that the regular, permanent officers and employees of the
city, or any of them, shall reside within the city during their continuance
in such office or employment.
§ 16.03. Present Ordinances and Rules and Regulations Continued in
Effect.—All ordinances and resolutions of the city and all rules, regula-
tions and orders legally made by any department, board, commission or
officer of the city, in force at the effective date of this charter, insofar as
they or any portion thereof are not inconsistent herewith, shall remain in
force until amended or repealed.
§ 16.04. Continuance of Officials and Officers.—Except where this
charter may otherwise provide, all officials and officers of the city holding
office immediately prior to the effective date of this charter, whether such
office be elective or appointive, may continue in such office until the ex-
piration of their respective current term of office or until their successors
shall have been elected or appointed and qualified or until such office may
be lawfully terminated.
§ 16.05. Continuance of Internal Organization of the City.—Except
where this charter may otherwise provide, the several departments, com-
missions, boards and other administrative units of the city functioning at
the effective date of this charter are hereby continued until otherwise pro-
vided by ordinance. ;
§ 16.06. Continuance of Contracts.—All contracts entered into by
the city or for its benefit prior to the taking effect of this charter shall con-
tinue in full force and effect. All public works begun prior to the taking
effect of this charter may be continued and completed hereunder. Public
improvements for which legislative steps shall have been taken under laws
in force at the time this charter takes effect may be carried to completion
in accordance with the provisions of such laws.
16.07. Partial Invalidity.—If any clause, sentence, paragraph, or
part of this charter shall for any reason be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder of said charter, but shall be confined in its opera-
tions to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
2. Chapter 123 of the Acts of Assembly of 1875-1876, approved March
15, 1876, which provided a new charter for the Town of Franklin, in the
County of Southampton, and all amendments thereto, are hereby repealed.
3. An emergency exists and this act is in force from its passage.