CHAPTER 211

An Act to effectuate the consolidation of the city of South Norfolk and
Norfolk County into a new consolidated city of the first class; and to
this end to validate, ratify and confirm the consolidation between the
city of South Norfolk and Norfolk County; to provide for certain pend-
ing annexation suits; to provide a charter for the new consolidated
city; and to repeal Chapter 215 of the Acts of Assembly of 1952 which
incorporated the city of South Norfolk and all amendments nee

[ ]

Approved March 9, 1962

Be it enacted by the General Assembly of Virginia:
1. The consolidation of the city of South Norfolk and Norfolk County
into a consolidated city of the first class, as provided in the consolidation
agreement which is made a part hereof by reference, as approved at the
referendum held on February 13, 1962, is hereby validated, ratified and
confirmed in all respects, effective on and after January one, nineteen
hundred sixty-three.
2. Chapter 215 of the Acts of Assembly of 1952, entitled “An Act to
provide a charter and form of government for the city of South Norfolk;
and to repeal Chapter 91 of the Acts of Assembly of 1919, approved Sep-
tember 11, 1919, which act provided a charter for the town of South
Norfolk, all acts amendatory thereof, and certain other acts” and all
amendments thereto, are hereby repealed, effective on and after January
one, nineteen hundred sixty-three.
8. On and after January one, nineteen hundred sixty-three, this Act
shall constitute the charter of the consolidated city.

CHARTER FOR THE CONSOLIDATED CITY
Chapter 1

INCORPORATION AND BOUNDARIES

§ 1.01. INCORPORATION. The inhabitants of the territory com-
prised within the limits of the City of South Norfolk, as they are or here-
after may be established by law, shall continue to be a body politic and
corporate 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 at its pleasure. The inhabitants of the territory com-
prised within the limits of Norfolk County as it exists at the effective
date of this charter shall also be a part of such body politic and corporate.

§ 1.02. BOUNDARIES. The boundaries of the Consolidated City
shall coincide with the outside boundaries of Norfolk County so as to
include all of the territory comprising Norfolk County and the City of
South Norfolk as existing immediately preceding the effective date of this
charter.

§ 1.038. NAME OF CONSOLIDATED CITY. The name of the Con-
solidated City shall be such name as may be selected by an affirmative
vote of a majority of the qualified voters voting in a referendum in the
City of South Norfolk and in Norfolk County called for the purpose.
Whenever the words “city” or “Consolidated City” appear in this charter,
they shall mean the name selected by such referendum.

Chapter 2
POWERS

§ 2.01. GENERAL GRANT OF POWERS. The Consolidated City
shall have and may exercise the powers set forth in §§ 15-77.1 through
15-77.70 of the Code as in force on January 1, 1962. In addition thereto
the Consolidated City shall have and may exercise all other powers which
are now or may hereafter be conferred upon or delegated to cities of
the first class under the Constitution and laws of the Commonwealth
and all other powers pertinent to the conduct of a city government, the
exercise of which is not expressly prohibited by the Constitution and
laws and which in the opinion of the council are necessary or desirable
to promote the general welfare of the Consolidated City and the safety,
health, peace, good order, comfort, convenience and morals of its in-
habitants.

§ 2.02. ADDITIONAL POWERS. Without limiting the generality
of the foregoing, but in addition thereto, the Consolidated City shall have
the following additional powers:

(a) To levy a hig’er tax in such areas of the Consolidated City as
desire additional or more complete services of government than are
desired in the city as a whole, provided that such higher tax rate shall
not be levied for school, police or general government services but only
for those services which prior to the effective date of this charter were
not offered in all the territory within the boundaries of the city and pro-
vided further that the proceeds from such higher tax rate shall be so
segregated as to enable the same to be expended in the areas in which
raised.

(b) To levy a special tax on locally taxable property in any borough,
sanitary district or other special taxing district or combination thereof,
for a period of not exceeding 20 years, which may be different from and
in addition to the general tax rate throughout the city, for the purpose
of repaying indebtedness existing on the effective date of this charter
and chargeable to such borough, sanitary district or other special taxing
district or combination thereof.

(c) To acquire, construct and maintain or authorize the construction
and maintenance of bridges, viaducts, subways or underpasses over or
under the Elizabeth River or any other stream, creek or ravine when any
portion of such bridge, viaduct, subway or underpass is within the city
limits, and to charge or authorize the charging of tolls for their use by
the public, and to require compensation for their use by public utility,
transmission or transportation companies, except as the right to require
such compensation is affected by any contract heretofore or hereafter made
with the company concerned.

(d) To acquire, construct, own, maintain and operate, within and
without the city, landings, wharves, docks, canals and the approaches
to and appurtenances thereof, tracks, spurs, crossings, switchings, terml-
nals, warehouses and terminal facilities of every kind and description
necessary or useful in the transportation and storage of goods, wares and
merchandise; perform any and all services in connection with the receipt,
delivery, shipment and transfer in transit, weighing, marking, tagging,
ventilating, refrigerating, icing, storing and handling of goods, wares
and merchandise; prescribe and collect charges from vessels coming into
or using any of the landings, wharves and docks, and from persons using
any of the facilities above described; provide for the management and
control of such facilities or any of them by a department of the city gov-
ernment or by a board, commission or agency specially established by
ordinance for the purpose; lease any or all of such facilities or any con-
cessions properly incident thereto to any person, firm or corporation or
contract with any person, firm or corporation for the maintenance and
operation of any or all of such facilities on such terms and conditions
as the council may determine by ordinance; apply to the proper authori-
ties of the United States to grant to the city the privilege of establishing,
maintaining and operating a foreign trade zone within the city; regulate
the use of other landings, wharves and docks located on the Elizabeth River
within the city; prevent and remove obstructions from the harbor of
the Elizabeth River and in, upon or near the landings, wharves, docks or
canals adjacent thereto, and collect from the person or persons responsible
for such obstructions the cost of their removal; close or discontinue the
use of any such wharf, landing, dock or canal now owned or hereafter
acquired by the city and upon the closing or discontinuance of such use the
same shall thereupon be forever discharged from any public use or ease-
ment or from any obligation therefor imposed by reason of such public
use or easement by statute or otherwise.

(e) To exercise all powers possessed by the City of South Norfolk
and Norfolk County immediately preceding the effective date of this
charter, consistent with general law and not inconsistent with this charter.

Chapter 3
CITY COUNCIL

§ 3.01. COMPOSITION. The Consolidated City shall be divided into
six boroughs. One of such boroughs shall comprise the City of South Nor-
folk as existing immeaiately preceding the effective date of this charter
and shall be known as the Borough of South Norfolk, and the remaining
five boroughs shall comprise the five magisterial districts of Norfolk County
as existing immediately preceding the effective date of this charter and shall
be known as the Boroughs of Butts Road, Deep Creek, Pleasant Grove,
Washington and Western Branch. The council shall consist of ten members,
five of whom shall be elected by and from the Borough of South Norfolk and
one by and from each of the other five boroughs. The five members of the
council of the City of South Norfolk and the five members of the Board of
Supervisors of Norfolk County holding office immediately preceding the
effective date of this charter shall constitute the council of the city and shall
hold office until the beginning of the terms of their successors. At such
time as may be determined by the affirmative vote of six councilmen, which
shall not be earlier than five years after the effective date of this charter
but not later than September 1, 1971, the council shall submit to the quali-
fied voters of the city a plan for election of councilmen.
§ 3.02. ELECTION OF COUNCILMEN. Councilmen in each borough
shall be elected in the same manner and for the same terms as councilmen
or supervisors were elected in such borough immediately preceding the ef-
fective date of this charter, except that all councilmen shall be elected on the
second Tuesday of June and shall take office on the first day of September
following their election; provided, however, that the two councilmen to be
elected in the Borough of South Norfolk in June 1963 shall serve until
September 1, 1967. Three councilmen from the Borough of South Norfolk
shall be elected in June 1965 and shall serve until September 1, 1967. All
other councilmen shall be elected in June 1963 and shall serve until Septem-
ber 1, 1967. Beginning in 1967 all councilmen shall be elected on the sec-
ond Tuesday in June for terms of four years and shall take office on the
first day of September following their election.

§ 3.08. FILLING VACANCIES. Vacancies in the office of councilmen,
from whatever cause arising, shall be filled within 60 days for the unexpired
portion of the term by a majority vote of the remaining members of the
council, provided that so long as any councilmen are elected by and from
porougns the vacancy shall be filled by a qualified voter residing in the same

orough.

§ 3.04. COMPENSATION. Councilmen shall receive as compensation
for their services such amounts as the council may determine, as provided
by general law. No member of the council shall be appointed to any office
of profit under the city government during the term for which elected and
for one year thereafter.

§ 3.05. POWERS. All powers vested in the city shall be exercised by
the council, except as otherwise provided in this charter. In addition to the
foregoing, the council shall have the following powers:

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

(b) Tocreate, alter or abolish departments, bureaus, divisions, boards,
commissions, offices and agencies, except as specifically provided herein to
the contrary.

(c) To create, alter or abolish and to assign and reassign to depart-
ments, all bureaus, divisions, offices and agencies, except as specifically pro-
vided herein to the contrary.

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

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

(f) To provide for the submission of any proposed ordinance to the
qualified voters of the city at an advisory referendum to be initiated by a
resolution to the corporation court of the city and held not less than 30
nor more than 60 days thereafter in the manner provided by law for special
elections.

§ 3.06. PROCEDURAL POWERS. The council shall have power, sub-
ject 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 frequent than once each month. They
shall also provide for the calling of special meetings by the mayor or any
three members of the council and shall prescribe the methods of giving
notice thereof. A majority of the council shall constitute a quorum for the
transaction of business. No ordinance, resolution, motion or vote, other
than motions to adjourn, to fix the time and place of adjournment and
other motions of a purely procedural nature, shall be adopted by the council
except at a meeting open to the public.
§ 3.07. REFERENDUM ON ORDINANCE. No ordinance, unless it
be an emergency measure as herein defined, or the annual appropriation
ordinance, shall become effective until 30 days after its final passage. If a
petition signed by at least 25 per cent of the number of qualified voters vot-
ing in the last preceding presidential election is filed with the city clerk
within such 30 days, requesting that such ordinance be repealed or amended
as stated in the petition, such ordinance shall not become effective until
the steps provided for herein shall have been taken. Such petition shall
state the names and addresses of at least five electors who shall constitute
a committee to represent the petitioners. If the council shall not have
amended or repealed the ordinance as requested within 30 days after the
filing of such petition, the city clerk shall upon request of a majority of the
committee present such petition to the judge of the corporation court who
shall order a referendum for the purpose of submitting the ordinance to
the qualified voters of the city in the manner provided by law for special
elections. If the ordinance is approved by a majority of the qualified voters
voting in such referendum, it shall become effective upon the certification
of the result. Ordinances passed as emergency measures providing for any
work certified by the city manager to be immediately necessary to protect
public property or health from imminent danger or to protect the city from
imminent loss or liability, shall not be subject to referendum, and the
certificate of the city manager in any such case shall be conclusive. All
other ordinances passed as emergency measures shall be subject to the ref-
erendum as other ordinances.

§ 3.08. TIE BREAKER. So long as the council of the Consolidated
City shall be fixed at an even number, the judges of the courts of record
shall designate one of the commissioners in chancery of such courts as tie
breaker for the council. He shall hold office at the pleasure of the judges
of such courts. The tie breaker shall vote only in the case of a tie vote of
all members of the council, and the provisions of § 15-245 of the Code as
to tie breakers for boards of supervisors shall apply so far as applicable.

§ 3.09. MAYOR. At its first regular meeting of the term the council
shall choose by majority vote of all the members thereof one of its members
to be mayor and one to be vice-mayor. Until such time as the representation
on the council is changed as provided in § 3.01, one of such officers shall
be a councilman elected by and from the Borough of South Norfolk and the
other shall be a councilman elected by and from one of the other boroughs.
The mayor shall preside over the meetings of the council, shall act as head
of the city government for ceremonial purposes and shall have such other
rights and duties as the council may prescribe, in addition to all the rights
and privileges of councilmen of the city. The vice-mayor shall perform the
duties of mayor in the absence or disability of the mayor.

§ 3.10. CITY CLERK. The council shall appoint a city clerk for a two
year term. He shall be clerk of the council and custodian of the corporate
seal of the city and he shall have such further duties as the council may
prescribe.

Chapter 4
CITY MANAGER

§ 4.01. APPOINTMENT AND QUALIFICATIONS. The council shall
appoint a city manager who shall be the executive and administrative head
of the city government. He shall be chosen solely on the basis of his execu-
tive and administrative qualifications and shall serve at the pleasure of the
counci

§ 4.02. POWERS AND DUTIES. The city manager shall have the
power and it shall be his duty:
(a) To appoint all officers and employees of the city and to remove
such officers and employees, except as he may delegate such powers to
appoint and remove to his subordinates and except as otherwise provided
in this charter.

(b) To perform such other duties and to exercise such other powers
as may be imposed or conferred upon him by the council. |

§ 4.03. COUNCIL NOT TO INTERFERE IN APPOINTMENTS OR
REMOVALS. Neither the council nor any of its members shall direct the
appointment of any person to or his removal from any office or employment
by the city manager or by his subordinates.

Chapter 5
BUDGET

§ 5.01. FISCAL YEAR. The fiscal year of the city shall begin on the
first day of July and shall end on the last day of June of each calendar year,
unless otherwise provided by ordinance. Such fiscal year shall also con-
stitute the budget and accounting year.

§ 5.02. SUBMISSION OF BUDGET. The city manager shall submit
to the council a budget and a budget message at least 90 days prior to the
beginning of each budget year.

§ 5.03. PREPARATION OF BUDGET. It shall be the duty of the
head of each department, the judges of the courts not of record, each board
or commission, including the school board, and each other office or agency
supported in whole or in part by the city, to file at such time as the city
manager may prescribe estimates of revenue and expenditure for that de-
partment, court, board, commission, office or agency for the ensuing fiscal
year. The city manager shall hold such hearings as he may deem advisable
and shall review the estimates and other data pertinent to the preparation
of the budget and make such revisions in such estimates as he may deem
proper, subject to the laws of the Commonwealth relating to obligatory ex-
penditures for any purpose, except that in the case of the school board he
may recommend a revision only in its total estimated expenditure. The
budget shall be prepared in accordance with accepted principles of munici-
pal accounting and budgetary procedures and techniques.

§ 5.04. BALANCED BUDGET. In no event shall the expenditures rec-
ommended by the city manager in the budget exceed the receipts estimated,
taking into account the estimated cash surplus or deficit at the end of the
current fiscal year, unless the city manager shall recommend an increase
in the rate of ad valorem taxes on real estate and tangible personal prop-
erty or other new or increased taxes or licenses within the power of the
city to levy and collect in the ensuing fiscal year, the receipts from which
estimated on the basis of the average experience with the same or similar
taxes during the three tax years last past will make up the difference. If
estimated receipts exceed estimated expenditures the city manager may
recommend revisions in the tax and license ordinances of the city in order
to bring the budget into balance.

§ 5.05. BUDGET MESSAGE. The budget message shall contain the
recommendations of the city manager concerning the fiscal policy of the
city, a description of the important features of the budget and an explana-
tion of all significant changes in the budget as to estimated receipts and
recommended expenditures as compared with the current and last pre-
ceding fiscal years. :

§ 5.06. APPROPRIATION AND ADDITIONAL TAX ORDI-
NANCES. At the same time that he submits the budget, the city manager
shall introduce and recommend to the council an appropriation ordinance
which shall be based on the budget. He shall also introduce at the same time
any ordinances levying a new tax or altering the rate on any existing tax
necessary to balance the budget as provided in § 5.04.

§ 5.07. PUBLIC HEARING. The council shall hold a public hearing
on the budget as submitted, at which all interested persons shall be given
an opportunity to be heard. The council shall cause to be published a notice
of the time and place of the hearing not less than seven days prior to the
date of the hearing. One copy of the budget and budget message shall be
always available for public inspection in the office of the city clerk during
regular business hours.

§ 5.08. ADOPTION OF BUDGET. After the public hearing the coun-
cil may make such changes in the budget as it may determine, except that
no item of expenditure for debt service shall be reduced or omitted. The
budget shall be adopted by the vote of at least a majority of all members
of the council not later than 30 days prior to the end of the current fiscal
year. Should the council take no action prior to such day, the budget shall
be deemed to have been finally adopted as submitted. In no event shall
the council adopt a budget in which the estimated total of expenditures ex-
ceeds receipts, unless at the same time it adopts measures to provide addi-
tional revenue estimated to be sufficient to make up the difference.

§ 5.09. ADDITIONAL APPROPRIATIONS. Appropriations in addi-
tion to those contained in the general appropriation ordinance may be made
by the council only if there is available in the general fund an unencum-
bered and unappropriated sum sufficient to meet such appropriations.

Chapter 6
BORROWING

§ 6.01. BORROWING POWER. The council may, in the name of
and for the use of the city, incur indebtedness by issuing its negotiable
bonds or notes for the purposes, in the manner and to the extent provided
in this chapter.

§ 6.02. PURPOSES FOR WHICH BONDS OR NOTES MAY BE IS-
SUED. Bonds or notes of the city may be issued for the following pur-
poses:

(a) To finance capital projects.—Bonds, and notes in anticipation of
bonds when the issue of bonds has been authorized as hereinafter pro-
vided, may be issued for the purpose of financing the whole or any part of
the cost of any capital improvement project.

(b) To anticipate the collection of revenue.—Notes may be issued,
when authorized by the council, at any time during the fiscal year in an-
ticipation of the collection of revenue of such year.

(c) To refund outstanding bonds.—Bonds may be issued for the pur-
pose of refunding existing bonds, provided that the director of finance
shall certify in writing that such refunding is necessary to prevent default
on the interest or principal of the city’s outstanding bonds or in the case
of callable bonds to secure a lower rate of interest.

§ 6.03. LIMITATIONS ON INDEBTEDNESS. In the issuance of
bonds and notes the city shall be subject to the limitations as to amount
contained in § 127 of the Constitution.

§ 6.04. FORM OF BONDS. Bonds and notes of the city shall be is-
sued in the manner provided by general law.

§ 6.05. AUTHORITY FOR ISSUANCE OF BONDS. No bonds of the
city shall be issued until their issuance shall have been authorized by a
majority of the qualified voters of the city voting in an election held for
the purpose and in the manner provided by general law; provided, however,
that the council may issue bonds in an amount not exceeding $500,000 in
any calendar year, or notes in anticipation of the collection of revenue,
without submitting the question of their issuance to the qualified voters.
§ 6.06. PAYMENT OF BONDS AND NOTES. The power and obli-
gation of the city to pay any and all bonds and notes issued pursuant to
this chapter, except revenue bonds made payable solely from revenue pro-
ducing properties, shall be unlimited and the city shall levy ad valorem
taxes upon all taxable property within the city for the payment of such
bonds or notes and the interest thereon, without limitation as to rate or
amount. The full faith and credit of the city are hereby pledged for the
payment of the principal of and interest on all bonds and notes of the City
of South Norfolk and of Norfolk County, and any sanitary districts therein,
issued and outstanding on the effective date of this charter, and of the city
hereafter issued pursuant to this chapter, except revenue bonds made pay-
able solely from revenue producing properties, whether or not such pledge
be stated in the bonds or notes or in the bond ordinance authorizing their

issuance.
Chapter 7
ADMINISTRATIVE DEPARTMENTS

§ 7.01. CREATION OF DEPARTMENTS. The following administra-
tive departments are hereby created:

(a) Department of Finance

(b) Department of Law

(c) Department of Public Safety

(d) Department of Public Works

(e) Department of Public Utilities

(f) Department of Public Health

(g) Department of Public Welfare

(h) Department of Farm and Home Demonstration

(i) Department of Education

(j) Department of Parks and Recreation

(k) Department of Personnel
The council may create new departments or subdivisions thereof, combine
or abolish existing departments and distribute the functions thereof or
establish temporary departments for special work; provided, however, that
the council shall not have the power to abolish, transfer or combine the
functions of the departments of finance, law and education.

§ 7.02. DEPARTMENT HEADS. There shall be a director at the
head of each department, and the same person may be the director of sev-
eral departments. The director of each department, except the departments
of law and education, shall be appointed by the city manager and may be
removed by him at any time; provided, however, that the council may desig-
nate the city manager to be director of one or.more departments. The
director of each department shall be chosen on the basis of his general exec-
utive and administrative ability and experience and his education, training
and experience in the class of work which he is to administer.

§ 7.08. RESPONSIBLE TO CITY MANAGER. The directors of each
department, except the departments of law and education, shall be imme-
diately responsible to the city manager for the administration of their
respective departments, and their advice may be required by him on all
matters affecting their departments. They shall make reports and recom-
mendations concerning their departments to the city manager under such
rules and regulations as he may prescribe.

Chapter 8

FINANCIAL ADMINISTRATION

§ 8.01. DEPARTMENT OF FINANCE. The department of finance
shall consist of a director of finance, a comptroller or accounting officer,
the city treasurer and the commissioner of revenue and their respective
offices, insofar as inclusion of these offices is not inconsistent with the
Constitution and general laws of the Commonwealth, and such other
officers and employees organized into such bureaus, divisions and other
units as may be provided by the council or by the orders of the director
consistent therewith.

§ 8.02. DIRECTOR OF FINANCE. The head of the department
of finance shall be the director of finance who shall be a person skilled
in municipal accounting and financial control. He shall have charge of
the financial affairs of the city, including such powers and duties as
may be assigned by the council not inconsistent with the Constitution
and general laws of the Commonwealth.

§ 8.08. CITY TREASURER. The city treasurer shall collect and
receive all city taxes and other revenues or monies accruing to the city,
except such as the council may by ordinance make it the duty of some
other person to collect, and he shall have such powers and duties as are
provided by general law. He shall perform such other duties as may
be assigned by the director of finance or the council not inconsistent with
the Jaws of the Commonwealth.

§ 8.04. CITY COLLECTOR. The council may direct the city manager
to appoint a city collector who shall have such powers and duties as the
council may provide.

§ 8.05. 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 assigned by the director of finance or the council.

§ 8.06. ANNUAL ASSESSMENT OF REAL ESTATE. The coun-
cil may, in lieu of the methods prescribed by general law, provide by
ordinance for the annual assessment and reassessment and equalization
of assessments of real estate for local taxation and to that end may
appoint one or more persons as assessors to assess or reassess for taxation
the real estate within the city and to prescribe their duties and terms of
office. Such assessors shall make assessments and reassessments on the
same basis as real estate is required to be assessed under the provisions
of general law and as of the first day of January of each year, shall
have the same authority as the assessors appointed under the provisions
of general law, and shall be charged with duties similar to those thereby
imposed upon such assessors, except that such assessments or reassess-
ments shall be made annually and the assessments and reassessments so
made shall have the same effect as if they had been made by assessors
appointed under the provisions of general law. The judges of the courts
of record shall annually appoint a board of equalization of real estate
assessments, to be composed of three members, who shall be freeholders
of the city. Such board of equalization shall have and may exercise the
powers to revise, correct, and amend any assessment of real estate and
to that end shall have all powers conferred upon boards of equalization
by general law. The provisions of general law notwithstanding, however,
the board of equalization may adopt any regulations providing for the
oral presentation, with formal petitions or other pleadings or requests
for review, and looking to the further facilitation and simplification of
proceedings before the board. This section shall not apply to assessments
of any real estate assessable by the State Corporation Commission.

§ 8.07. DIVISION OF PURCHASING. There may be a division of
purchasing which shall be in charge of purchasing all supplies of the city.
The head of the division of purchasing shall be the purchasing agent
who shall have such duties as may be assigned by the council.

8.08. ANNUAL AUDIT. The council shall cause to be made an
independent audit of the city’s finances at the end of each fiscal year by
the auditor of public accounts of the Commonwealth or by a firm of in-
dependent certified public accountants to be selected by the council.
One copy of the report of Such audit shall be always available for public
inspection in the office of the city clerk during regular business hours.

Chapter 9
DEPARTMENT OF LAW

§ 9.01. DEPARTMENT OF LAW. The department of law shall
consist of the city attorney and such assistant city attorneys and other
employees as may be provided by the council.

§ 9.02. CITY ATTORNEY. The head of the department of law shall
be the city attorney. He shall be an attorney at law licensed to practice
law in the Commonwealth. He shall be appointed by the council for a
two year term.

§ 9.08. POWERS AND DUTIES. The city attorney shall be the
chief legal advisor of the council, the city manager and all departments,
boards, commissions and agencies of the city in all matters affecting the
interests of the city. He shall represent the city in all civil proceedings,
and he shall institute and defend all legal proceedings which he shall
deem necessary and proper to protect the interests of the city. He shall
have such other powers and duties as may be assigned by the council.

§ 9.04. RESTRICTIONS ON ACTIONS FOR DAMAGES AGAINST
CITY. No action shall be maintained against the city for injury or damage
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, em-
ployee or agent thereof, unless a written statement by the claimant, his
agent, attorney or representative, of the nature of the claim and of the
time and place at which the injury or damage is alleged vo have occurred
or been received shall have been filed with the city attorney within 60
days after such cause of action shall have accrued, except that when the
claimant is an infant or non compos mentis, or the injured person dies
within such 60 days, such statement may be filed within 120 days. Neither
the city attorney nor any other officer, employee or agent of the city shall
have authority to waive the foregoing conditions precedent or any of

them.
Chapter 10
DEPARTMENT OF PUBLIC SAFETY

§ 10.01. DEPARTMENT OF PUBLIC SAFETY. The department
of public safety shall include the bureaus of police and fire protection
and may include such other bureaus, divisions and units and have such
powers and duties as may be provided or assigned by the council or by
the director consistent therewith.

§ 10.02. DIRECTOR OF PUBLIC SAFETY. The head of the de-
partment of public safety shall be the director of public safety. He shall
have general management and control of the several bureaus, divisions
and other units of the department.

§ 10.083. BUREAU OF POLICE. The bureau of police shall consist
of a chief of police, who may be the director of public safety, and such
other officers and employees as may be provided by the council or by the
orders of the director of public safety. The bureau of police shall be
responsible for preservation of the public peace, protection of the rights
of persons and property and enforcement of laws of the Commonwealth
and ordinances of the city. The chief of police and the other members of
the police force shall have all the powers and duties of police officers
as provided by general law.

§ 10.04. BUREAU OF FIRE PROTECTION. The bureau of fire
protection shall consist of the fire chief and such other officers and
employees as may be provided by the council or by the orders of the
director of public safety consistent therewith. The bureau of fire pro-
tection shall be responsible for the protection from fire of life and prop-

erty within the city.
Chapter 11

DEPARTMENT OF PUBLIC WORKS

§ 11.01. DEPARTMENT OF PUBLIC WORKS. The department
of public works shall consist of the director of public works and such
other officers and employees organized into such bureaus, divisions and
other units as may be provided by the council or by the orders of the
director consistent therewith.

§ 11.02. FUNCTIONS. The department of public works shall be
responsible for the construction and maintenance of all public buildings,
streets, roads, bridges and drains, for garbage and refuse collection and
disposal and for all other public works, and for the care of all public
buildings. It shall also have such other powers and duties as may be
assigned by the council.

§ 11.08. DIRECTOR OF PUBLIC WORKS. The head of the de-
partment of public works shall be the director of public works. He shall
have general management and control of the several bureaus, divisions
and other units of the department.

Chapter 12
DEPARTMENT OF PUBLIC UTILITIES

§ 12.01. DEPARTMENT OF PUBLIC UTILITIES. The depart-
ment of public utilities shall consist of a director of public utilities and
such other officers and employees organized into such bureaus, divisions
and other units as may be provided by the council or by the orders of
the director consistent therewith.

§ 12.02. FUNCTIONS. The department of public utilities shall be
responsible for the construction, operation and maintenance of the water-
works system and of sewers and sewage disposal and such other powers
and duties as may be assigned by the council.

§ 12.08. DIRECTOR OF PUBLIC UTILITIES. The head of the
department of public utilities shall be the director of public utilities. He
shall have general management and control of the several bureaus, di-
visions and other units of the department.

Chapter 13
DEPARTMENT OF PUBLIC HEALTH

§ 13.01. DEPARTMENT OF PUBLIC HEALTH. The department
of public health shall consist of the director of public health and such
other officers and employees organized into such bureaus, divisions and
other units as may be provided by the council or by the orders of the
director consistent therewith.

§ 18.02. FUNCTIONS. The department of public health shall be
responsible for the exercise of all health functions imposed on municipali-
ties by general law and such other powers and duties as may be assigned
by the council.

§ 13.03. DIRECTOR OF PUBLIC HEALTH. The head of the depart-
ment of public health shall be the director of public health. He shall be a
physician licensed to practice medicine in the Commonwealth. 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 are conferred
or imposed on municipal boards of health and health officers by the laws
of the Commonwealth.
Chapter 14

DEPARTMENT OF PUBLIC WELFARE

§ 14.01. DEPARTMENT OF PUBLIC WELFARE. The department
of public welfare shall consist of the director of public welfare, a welfare
board constituted as provided by general law and such officers and em-
ployees organized into such bureaus, divisions and other units as may be
provided by the council or by the orders of the director consistent therewith.

§ 14.02. FUNCTIONS. The department of public welfare shall be re-
sponsible for the duties imposed by the laws of the Commonwealth relating
to public assistance and relief of the poor and such other powers and duties
as may be assigned by the council.

§ 14.08. DIRECTOR OF PUBLIC WELFARE. The head of the de-
partment of public welfare shall be the director of public welfare. He
shall have general management and control of the several bureaus, divi-
sions and other units of the department.

Chapter 15
DEPARTMENT OF FARM AND HOME DEMONSTRATION

§ 15.01. DEPARTMENT OF FARM AND HOME DEMONSTRA-
TION. The department of farm and home demonstration shall consist of
an agricultural agent, a home demonstration agent and such other officers
and employees organized into such bureaus, divisions and other units as
may be provided by the council or by the orders of the director consistent
therewith.

§ 15.02. FUNCTIONS. The department of farm and home demonstra-
tion shall exercise all powers which are conferred upon counties relating
to county farm and home demonstration work and shall have such other
powers and duties as may be assigned by the council.

§ 15.08. DIRECTOR OF FARM AND HOME DEMONSTRATION.
The director of the department of farm and home demonstration shall be
the agricultural agent. He shall be selected from a list of eligibles sub-
mitted by the Virginia Polytechnic Institute. He shall have general man-
agement and control of the several bureaus, divisions and other units of
the department.

Chapter 16

DEPARTMENT OF EDUCATION

§ 16.01. DEPARTMENT OF EDUCATION. The department of edu-
cation shall consist of the city school board, the division superintendent of
schools and the officers and employees thereof. Except as otherwise pro-
vided in this charter, the city school board and the division superintendent
of schools shall exercise all the powers conferred and perform all the duties
Imposed upon them by general law.

§ 16.02. SCHOOL BOARD. For a period of three years after the ef-
fective date of consolidation the school board shall consist of all ten mem-
bers of the school boards of the City of South Norfolk and Norfolk County
holding office immediately preceding the effective date of this charter and
an eleventh member to be appointed by the council. Thereafter the school
board shall be composed of seven members who shall be appointed by the
council for terms of three years; provided, however, that in the appoint-
ment of the initial school board, two members shall be appointed for terms
of one year, two for terms of two years and three for terms of three years.
Vacancies shall be filled by the council for any unexpired term.

§ 16.03. DIVISION SUPERINTENDENT. The persons holding office
as division superintendent in the City of South Norfolk and in Norfolk
County shall continue in office for the unexpired portion of their terms.
The school board shall designate one of such persons as division superin-
tendent for the Consolidated City and the other as assistant superintendent.

Chapter 17
DEPARTMENT OF PARKS AND RECREATION

§ 17.01. DEPARTMENT OF PARKS AND RECREATION. The de-
partment of parks and recreation shall consist of the director of parks and
recreation and such other officers and employees organized into such bu-
reaus, divisions and other units as may be provided by the council or by
the orders of the director consistent therewith.

§ 17.02. FUNCTIONS. The department of parks and recreation shall
be responsible for operating and maintaining public parks, playgrounds,
and recreation facilities and organizing and conducting recreation pro-
grams and shall have such other powers and duties as may be assigned by
the council.

§ 17.03. DIRECTOR OF PARKS AND RECREATION. The head of
the department of parks and recreation shall be the director of parks and
recreation. He shall have general management and control of the several
bureaus, divisions and other units of the department.

Chapter 18
DEPARTMENT OF PERSONNEL

§ 18.01. DEPARTMENT OF PERSONNEL. The department of per-
sonnel shall consist of a director of personnel and such other officers and
employees organized into such bureaus, divisions and other units, includ-
ing a personnel board, as may be provided by the council or by orders of
the director consistent therewith.

§ 18.02. FUNCTIONS. The department of personnel shall be respon-
sible for the formulation and administration of the personnel policy of the
city, including a civil service commission for policemen and firemen such
as is presently in effect in the City of South Norfolk.

§ 18.038. DIRECTOR OF PERSONNEL. The head of the department
of personnel shall be the director of personnel. He shall have general man-
agement and control of the several bureaus, divisions and other units of
the department, except as the council may assign such duties to a personnel

board.
Chapter 19
CITY PLANNING

§ 19.01. PLANNING COMMISSION. There shall be a city planning
commission which shall consist of not less than five nor more than fifteen
members, and shall be organized as provided by general law. All members
of the commission shall be qualified voters of the city and shall be appointed
by the council for terms of four years.

§ 19.02. FUNCTIONS OF PLANNING COMMISSION. The planning
commission shall be responsible for making recommendations to the council
on all phases of city planning, including a master plan, zoning, and subdi-
vision control. It shall have the powers and duties provided by general law
and such other powers and duties as may be assigned by the council.

§ 19.08. BOARD OF ZONING APPEALS. There shall be a board of
zoning appeals which shall consist of five members appointed for three year
terms by the judges of the courts of record.

§ 19.04. POWERS OF THE BOARD OF ZONING APPEALS. The
board of zoning appeals shall have all powers granted to boards of zoning
appeals by general law.

§ 19.05. APPEALS FROM ACTIONS OF THE BOARD OF ZONING
APPEALS. Appeals from any action of the board of zoning appeals may
be taken to one of the courts of record in the manner prescribed by law.

Chapter 20
ADMINISTRATION OF JUSTICE

§ 20.01. COURTS OF RECORD. The Corporation Court of the City
of South Norfolk shall be known as the Corporation Court of the Consoli-
dated City and the Circuit Court of Norfolk County shall be known as the
Circuit Court of the Consolidated City. The jurisdiction of such courts
shall be coextensive with the area of the Consolidated City. The Circuit
Court shall have exclusive jurisdiction of all criminal matters and of all
civil matters concerning the probate and recordation of wills, the appoint-
ment, qualification and removal of fiduciaries and the settlement of their
accounts, the docketing of judgments and the recordation in the manner
prescribed by law of deeds and other papers, authorized and required by
law to be recorded. The Circuit Court and the Corporation Court shall have
concurrent jurisdiction of all other matters, and the judges of such courts
shall have authority to transfer any of such matters pending in either court
to the other court for the purpose of equalizing the work of the courts.

§ 20.02. CLERKS OF COURTS OF RECORD. There shall be a clerk
for each court of record as provided by general law. The clerk of each
court of record holding office immediately preceding the effective date of
this charter shall continue to serve such court for the remainder of the
term to which he was elected.

§ 20.08. MUNICIPAL COURT. There shall be a municipal court for
the Consolidated City. Such court shall have both civil and criminal juris-
diction, shall have such other judicial powers as are conferred by general
law on municipal courts of cities of the first class, and shall hold court at
such times and at such places as may be determined by the judges of the
courts of record.

§ 20.04. JUDGES OF THE MUNICIPAL COURT. There shall be a
judge of the municipal court and such associate and substitute judges as
the council may deem necessary. The judges of such courts shall be ap-
pointed for terms of four years by the judges of the courts of record. Ap-
pointments to vacancies shall be made by the judges of the courts of record
and shall be for the unexpired term.

§ 20.05. JUVENILE AND DOMESTIC RELATIONS COURT. There
shall be a juvenile and domestic relations court for the Consolidated City.
Such court shall possess the same jurisdiction and powers as are con-
ferred by law upon juvenile and domestic relations courts of cities of the
first class.

§ 20.06. JUDGES OF THE JUVENILE AND DOMESTIC RELA-
TIONS COURT. There shall be a judge of the juvenile and domestic rela-
tions court and such associate and substitute judges as the council may
deem necessary. The judges of such court shall be appointed for terms of
four years by the judges of the courts of record. Appointments to vacancies
shall be made by the judges of the courts of record and shall be for the
unexpired term.

§ 20.07. JUDGES OF COURTS NOT OF RECORD. Any judge, asso-
ciate judge or substitute judge of the municipal court may also be the judge,
or associate judge or substitute judge of the juvenile and domestic relations
court. Judges of courts not of record shall receive such compensation as
the council may determine.

§ 20.08. CLERKS OF COURTS NOT OF RECORD. There shall be a
separate clerk for each court not of record who shall be appointed by the
court he serves.
§ 20.09. TRANSITION OF COURTS. All actions of every kind, crim-
inal as well as civil, pending in the courts of the City of South Norfolk and
Norfolk County on the effective date of this charter shall be transferred to
and proceed to final judgment in the appropriate courts of the Consolidated
City, as the judges thereof may determine. Such courts shall have full au-
thority to issue writs, enforce judgments and decrees and exercise every
manner of judicial function in relation to former actions in the courts of the
City of South Norfolk and Norfolk County as though no change had been
made in the status of such courts.

§ 20.10. TRANSFER OF RECORDS. Upon the effective date of this
charter all records and papers of the courts of the City of South Norfolk
and Norfolk County shall be transferred to the appropriate courts of the
Consolidated City.

§ 20.11. HIGH CONSTABLE. Not later than one year after the effec-
tive date of this charter, the council shall appoint a high constable who shall
serve at the pleasure of the council. He shall be the ministerial officer of
the courts not of record and shall have such duties as the council may
prescribe.

§ 20.12. JUSTICES OF THE PEACE. Justices of the peace, not to ex-
ceed four from the Borough of South Norfolk and not to exceed three from
each of the other boroughs, shall be elected by the qualified voters of each
borough. The justices of the peace holding office in the City of South Nor-
folk and Norfolk County immediately preceding the effective date of this
charter shall continue in office until the expiration of the terms for which
they were elected.

§ 20.183. NOTARIES PUBLIC. Notaries public for the City of South
Norfolk and Norfolk County holding commissions immediately preceding
the effective date of this charter shall have full power and authority in the
Consolidated City until their commissions expire.

Chapter 21
MISCELLANEOUS AND TRANSITION PROVISIONS

§ 21.01. ASSETS AND LIABILITIES. Upon the effective date of this
charter, all property, real and personal, of the City of South Norfolk and
Norfolk County, including sanitary districts therein, shall be vested in and
owned by the Consolidated City, and any and all debts due the city and the
county, including sanitary districts therein, shall become due to the Con-
solidated City. The Consolidated City shall assume the payment of all the
then outstanding indebtedness, bonded or otherwise, including interest
thereon, and all of the then existing contracts and any other obligations of
the city and the county, including sanitary districts therein, in the same
manner and to the same extent as if they were originally issued, made, en-
tered into or arose directly by or with the Consolidated City.

§ 21.02. ELECTION OF CONSTITUTIONAL OFFICERS. The of-
fices of clerks of the courts of record, attorney for the Commonwealth,
commissioner of revenue, city treasurer and city sergeant shall be elective
and filled in accordance with the provisions of the Constitution and general
laws of the Commonwealth, except that the attorney for the Common-
wealth, commissioner of revenue, city treasurer and city sergeant elected
in November 1968 shall serve for terms of two years so as to conform to
the schedule of election of such officers for cities, and thereafter such of-
ficers shall be elected for terms of four years.

§ 21.03. POWERS AND DUTIES OF CONSTITUTIONAL OF-
FICERS. The clerks of the courts of record, attorney for the Common-
wealth, commissioner of revenue, city treasurer and city sergeant shall have
such powers and perform such duties as are provided by the Constitution of
the Commonwealth, and except as otherwise provided in this charter, as
are provided by the provisions of general law for cities of the first class.

§ 21.04. APPOINTMENT BY COURTS. All appointments required
by this charter or by general law to be made by a court or courts of record
or the judge or judges thereof shall be made by all judges of the courts of
record.

§ 21.05. ORDINANCES CONTINUED IN EFFECT. All ordinances,
rules, regulations and orders legally made by the City of South Norfolk and
Norfolk County in force immediately preceding the effective date of this
charter, insofar as they or any portion thereof are not inconsistent here-
with or with the consolidation agreement between the City of South Nor-
folk and Norfolk County, shall remain in full force and effect within the
same area to which they were applicable immediately preceding the effec-
tive date of this charter until amended or repealed in accordance with the
provisions of this charter or general law.

§ 21.06. HOUSING AUTHORITIES. All of the ownership, rights,
title, interest, powers and obligations of the City of South Norfolk and Nor-
folk County relative to or in any manner connected with the South Norfolk
Redevelopment and Housing Authority and the Norfolk County Housing
Authority shall be vested in, enure to and be assumed by the Consolidated
City. The members of such authorities shall continue in office until the
expiration of the terms for which they were appointed.

§ 21.07. PRELIMINARY MEETINGS OF COUNCIL. At any time
after the General Assembly shall have enacted this charter the councilmen
for the Consolidated City are authorized and directed to meet at such times
and places as they may determine for the purpose of considering the ap-
pointment of a city manager, the preparation of ordinances, appointments
which are required of them and such other matters as may be necessary
to effectuate the transition resulting from the consolidation of the City of
South Norfolk and Norfolk County.

§ 21.08. REPRESENTATION IN THE GENERAL ASSEMBLY. The
granting of this charter shall in no way operate to affect or change the rep-
resentation in the General Assembly of Virginia to which the people of
the City of South Norfolk and Norfolk County were entitled at the time the
charter was granted.

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

§ 21.10. PENDING ANNEXATION SUITS. The granting of this
charter shall not affect the prosecution of any valid annexation proceed-
ings against Norfolk County, notice of which was given to the Common-
wealth’s Attorney and to each member of the governing body of the said
Norfolk County prior to the date the consolidation agreement was approved
by the governing bodies of the said County and the City of South Norfolk;
and the right is hereby expressly granted to any such city to proceed with
any such valid annexation suit against Norfolk County, pending as afore-
said, as if consolidation had not taken place, and the consolidated city may
be substituted as party defendant.