CHAPTER 259

An Act to provide a new charter for the City of Petersburg and to repeal
the charter which was provided for said town by Chapter 168 of the
Acts of Assembly 1874-5, approved March 11, 1875, and all acts and
parts of acts amendatory thereof, and all other acts inconsistent with

this act.
fH 309]
Approved March 14, 1962

Be it enacted by the General Assembly of Virginia:

Chapter 1.
General Provisions.
1 § 1-1. Definitions.

In the construction of this charter, the following rules shall be
observed, unless such construction would be inconsistent with the mani-
fest intent of the legislature or the context clearly requires otherwise:

City. The word “city” shall be construed as if the words “of Peters-
burg” followed it, except where some other city is specifically designated.

Computation of tume. Whenever a notice is required to be given, or
an act to be done, a certain length of time before any proceeding shall be
had, the day on which such notice is given, or such act is done, shall be
counted in computing the time, but the day on which such proceeding is
to be had shall not be counted.

Gender. A word importing the masculine gender only shall extend
and be applied to females and to firms, partnerships and corporations as
well as to males.
Number. A word importing the singular number only may extend
and be applied to several persons or things as well as to one person or
thing; a word importing the plural number only may extend and be
applied to one person or thing, as well as to several persons or things. |

Person. The word “person” may extend and be applied to assocla-
tions, firms, partnerships and bodies politic and corporate as well as to
individuals.

State. The word “state” shall be construed as if the words “of
Virginia” followed it.

§ 1-2. Territorial limits; corporate status.

The territory contained within the limits of the corporation of Peters-
burg, prescribed by the acts of the General Assembly of the State, here-
inafter enumerated and by the final decrees or orders of the court estab-
lishing such boundaries, hereinafter enumerated, shall be deemed and
taken as the City of Petersburg, and the inhabitants of the city for all
purposes for which towns and cities are incorporated in this Common-
wealth, shall continue to be one body politic, in fact and in name.

The acts of the General Assembly and court orders or decrees here-
inbefore mentioned are as follows:

(a) Acts of the General Assembly.

1. Volume 2, Henings Statutes, 1784, page 382.
2. Acts, 1815-1816, Chapter 82.
8. Acts, 1848-1849, Chapter 297.

(b) Court orders or decrees.

1. Order entered on November 23, 1921, in the circuit court of
Prince George County, recorded in the office of the hustings court of the
City of Petersburg in Deed Book 100, beginning on page 160.

2. Order entered on December 16, 1932, in the circuit court of Din-
widdie County, recorded in the office of the clerk of the hustings court of
the City of Petersburg in Deed Book 124, beginning on page 422.

3. Order entered on July 7, 1944, in the circuit court of Prince
George County, recorded in the office of the clerk of the hustings court of
the City of Petersburg in Deed Book 151, beginning on page 169.

4. Order entered on November 11, 1955, in the circuit court of
Prince George County, recorded in the office of the clerk of the hustings
court of the City of Petersburg in Deed Book 201, beginning on page 480.

§ 1-38. Government vested in city council, etc.

The administration and government of the city shall be vested in the
city council and in such other boards and officers as are hereinafter
provided for.

§ 1-4. Penalties for violation of ordinances.

Where, by the provisions of this charter or any amendment thereof,
the city council has authority to pass ordinances or regulations on any
subject, they may prescribe a penalty not exceeding twelve months impris-
onment or fine not exceeding one thousand dollars (except where penalty
is otherwise provided for in this charter or any amendment) for a viola-
tion thereof, and may provide that the offender on failing to pay the
penalty recovered, shall be imprisoned for a term not exceeding two
calendar months, as provided in § 19.1-334 of the Code of Virginia, which
penalty may be prosecuted and recovered, with costs, in the name of the
city; provided, however, that should there be a statute of the state upon
the same subject, then the city council may provide the same penalty for
violation of State statute. The city council may also provide that any
police officer may detect and arrest any person violating any of such
ordinances or regulations and bring him to trial at the next sitting of the
municipal court or as soon thereafter as may be.

§ 1-5. Publication of ordinances; ordinances as evidence.

All ordinances hereafter passed by the city council for violation of
which any penalty is imposed, shall be published once, at least, in a news-
paper published in the city to be designated by the city council; provided,
however, the council may, in its judgment, direct that only the title of an
ordinance, describing clearly and fully its subject in general terms and
setting forth the penalty for its violation, be published and such publica-
tion shall be sufficient compliance with this section. When the latter
method of publication is used, the publication shall state that complete
copies of the ordinance or code so adopted may be obtained by any inter-
ested person at the office of the clerk of the city council. A record or entry
made by the clerk of the city council, or a copy of such record or entry,
duly certified to by him, shall be prima facie evidence of the publications
of any such ordinance, or any amendment thereof; and all laws, regula-
tions and ordinances of the city council may be read in evidence in all
courts of justice and in all proceedings before any officer, body or board
in which it shall be necessary to refer thereto, either from a copy thereof,
certified by the clerk of the city council, or from the volume of ordinances
printed by the authority of the council. But the provisions of this section
as to publication of ordinances shall not apply to ordinances embodied in
any general compilation, codification or revision of ordinances, printed
by authority of the council and adopted by the council as a code.

§ 1-6. Adoption of ordinances or codes by reference.

The city council may adopt, by reference, any standard or recom-
mended ordinance or code relating to any matter subject to regulation by
the council. It shall not be required that an ordinance or code so adopted
to be set forth in full in the adopting ordinance, but reference to the same
in the adopting ordinance by name, style or title, in which the purpose
thereof is clearly stated, shall be sufficient; provided, that it be stated in
such adopting ordinance that copies of the ordinances or code so adopted
may be obtained at the office of the clerk of the city council or at any
other specified place. Publication of the adopting ordinance shall be suffi-
cient compliance with § 1-5 of this charter and recordation by the clerk
of the city council of the adopting ordinance in the book kept by him for
the recordation of ordinances shall be a sufficient recordation of the ordi-
nance or code adopted by reference; provided, that copies of such ordi-
nance or code shall be kept on file in the office of the clerk of the council.
Revisions made by the council in any such standard or recommended
ordinance or code shall not affect the validity of the same if adopted in
accordance with the provisions of this section. The provisions of this
section shall be deemed to be applicable to any standard or recommended
ordinance or code heretofore adopted by the council, and the same shall
be deemed to be valid if the procedure herein provided shall have been
substantially followed.

§ 1-7. Temporary loans; bonds; sinking fund; debt limit; interest.

The city council may, in the name of the city, make temporary loans
by note or otherwise, for the improvement of streets, extending water and
gas mains, and for all other municipal purposes and for carrying any
floating debt, now existing, and may on any such account pledge any prop-
erty, real or personal, of the city. The city council may, by bonds or other
evidences of debt, make loans for and on account of the interest and pur-
poses of the city; provided always, that no contract or engagement on
such account shall be entered into, otherwise than upon the vote of a
majority of the members of the council elected, such vote to be taken by
yeas and nays, and recorded at a regular meeting of the city council, not
within thirty days after the first presentation of the particular subject to
the council; and provided further, that whenever any such use of the
credit of the city is to be made, the city council shall levy a direct tax
sufficient to meet semiannually the interest of the particular debt so cre-
ated, and, in addition, to establish a sinking fund sacred to the retirement
of the principal at maturity; provided, however, that if such bonds or
other evidences of debt shall mature serially, then the city council shall
levy a direct tax sufficient to meet the interest and installments thereon.
The direct tax imposed pursuant to the above provisions shall be held to
such purposes inviolate. But it is expressly intended, and is so declared
and provided, that the debt of the city shall at no time exceed eighteen
per centum of the assessed value of the taxable real estate of the city,
except by express authority of the General Assembly of Virginia. And it
is also provided, and so declared, that the bonds of the city issued under,
and by the terms of this section, may be at such rate of interest as the
city council prescribes, not exceeding six per centum per annum.

Chapter 2.
City Couneil.

§ 2-1. Creation and composition; election of councilmen generally ;
application of general laws of the State as to conduct of general city
elections; council as continuing body. ;

There shall be a council of the city, which shall continue to consist of
five members, who shall at the time of filing their notice of candidacy and
thereafter be residents and qualified voters of the city, elected at large
by the qualified voters of the city for the term of four years from the
first day of September next following the date of their election, and until
their successors have been elected and qualified. The councilmen in office
at the effective date of this charter shall constitute the council of the city
and are hereby continued in office for the terms for which they were
elected, and until their successors have been elected and qualified. On the
second Tuesday in June, 1964, and on the said day each four years there-
after, there shall be a general city election, at which there shall be elected
three councilmen, each for the four year term aforesaid and on the second
Tuesday in June, 1966, and on the said day each four years thereafter,
there shall be a general city election at which there shall be elected two
councilmen, each for the four year term aforesaid. The general laws of
the Commonwealth relating to the conduct of elections, as far as pertinent,
shall apply to the conduct of the general city elections. The council shall
be a continuing body, and no measures pending before such body shall
abate or be discontinued by reason of the expiration of the term of office
or removal of the members of said body, or any of them.

§ 2-2. Nomination of candidates for council.

Candidates for the office of councilmen may be nominated by petition
or by general law. There shall be printed on the ballots used in the election
of councilmen the names of all councilmen who have been so nominated.

The requirements for nomination by petition shall be:

(a) Any qualified voter of the city may be nominated by filing not
less than sixty days before the election, with the clerk of the corporation
or hustings court having jurisdiction a petition signed by not less than
fifty qualified voters of the city; each signature to such petition shall be
witnessed by a person whose affidavit to that effect is attached thereto,
together with the notice of candidacy required by the general laws of the
Commonwealth related to election.

(b) The petition shall state the name and address of the residence of
the person whose name is presented thereby as a candidate.

§ 2-8. Conduct of election; run-off election.

(1) The names of all candidates nominated for the council in accord-
ance with the provisions of this charter shall be printed upon the official
ballots in alphabetical order. All the names shall be printed in one column,
and the ballots shall not contain any political designation or emblem what-
ever. Above the list of names of candidates for council shall be printed the
words: “CANDIDATES FOR THE COUNCIL—VOTE FOR TWO (2)”
or “VOTE FOR THREE (3)”, whichever is indicated. A square for voting
shall be printed to the left of the name of each candidate which appears
on the ballot.

(2) At any municipal election for councilmen, each voter shall have
the right to vote for not more than the number of vacancies to be filled.
Any ballot voted for more than the number of vacancies to be filled shall
be void and shall not be counted. At any run-off election, each voter shall
have the right to vote for as many candidates as there are places remain-
ing to be filled, and any ballot, voted for more than the number of candi-
dates corresponding to the number of places to be filled, shall be void and
shall not be counted.

(3) At any municipal election held under this charter, if as many
candidates as there are positions to be filled receive a majority of all the
votes cast for councilmen at said election, then the number of candidates,
who are to be elected, receiving the highest number of votes shall be de-
clared elected as members of the council.

(Where the term “majority of all votes cast” is used in this charter,
it shall be construed to mean a number of votes equal to a majority of all
the persons voting for councilmen at any such election for councilmen).

In case there are more candidates for the council at any such munici-
pal election than there are vacancies to be filled, and if fewer candidates
than the number of vacancies to be filled receive a majority of all the votes
cast at the said election, then such of the candidates, if any, who received
a majority of all the votes cast shall be declared elected, and thereupon a
run-off election for the remaining vacancies shall be held on the second
Tuesday following the first election. Reasonable notice thereof shall be
given by the council by publication in a newspaper of general circulation.
The ballots to be used in such run-off election shall be similar in form to
the ballots used in the first election, except that there shall be printed
thereon, as candidates, only the names of those persons equal in number
to twice the number of places remaining to be filled who received the high-
est number of votes next after those persons elected at the first election.
Instead of the printed instruction to the voter to vote for two or three,
whichever the case may be, each ballot in the run-off election shall contain
the printed notice to the voter: “VOTE FOR .................... ”, naming the num-
ber of places remaining to be filled.

In case no candidate for the council shall have received a majority of
all the votes cast in the first election, then, in such event, the candidates
receiving the highest number of votes, but not to exceed twice the number
of vacancies to be filled, shall have their names printed as candidates on
the ballot at the run-off election. The person or persons, equal in number
to the places remaining to be filled, who receive the highest number of
votes in the run-off election, shall be declared elected as member or mem-
bers of the council.

§ 2-4. Oath of office.

The members of the city council, before entering upon the discharge
of their duties shall be respectively sworn in accordance with the consti-
tution and laws of this State. Such oaths shall be administered by the clerk
of the circuit court of the city and a certificate of such oaths being taken,
together with the oath subscribed, shall be filed with the clerk of the city
council, and shall be preserved by him.

§ 2-5. Power to adopt rules and appoint officers and clerks; disci-
pline of members; journal; open and secret meetings; power to compel at-
tendance of witnesses.

The city council shall have authority to adopt such rules and to appoint
such officers and clerks as it may deem proper for the regulation of its
proceedings, and for the convenient transaction of business, to compel the
attendance of absent members, to expel a member for malfeasance, mis-
feasance or nonfeasance in office. The city council shall keep a journal of
its proceedings, and its meeting shall be open, except when by a recorded
vote of two-thirds of those members present, it shall declare that the public
welfare requires secrecy. The city council or any of its committees, when
authorized by the city council may each, in any investigation before them,
respectively, within their respective powers and duties, order the attend-
ance of any person as a witness, and the production by any person of all
proper books and papers. Any person refusing or failing to attend or to
testify, or to produce such books and papers, may be summoned by such
investigating body before the municipal judge and upon failure to give a
satisfactory excuse, may be fined by him not exceeding twenty dollars, or
imprisoned not exceeding thirty days, such person to have the right of
appeal, as in case of misdemeanor, to the hustings or corporation court of
the city. Such witness may be sworn by the officer presiding at such investi-
gation, and shall be liable to prosecution for perjury for any false testi-
mony given at such investigation.

No member of the council shall be eligible, during the term for which
he was elected, or for one year thereafter, for any office, position or em-
ployment to be filled by the city council or the city manager or by any
other city official or employee.

§ 2-6. Quorum; origination and passage of ordinances; reconsidera-
tion or rescission of vote at special meeting; appropriation ordinances and
resolutions.

A majority of the members of the city council shall constitute a
quorum for the transaction of business. No ordinance or resolution having
the effect of an ordinance shall become effective unless passed by a ma-
jority of the members of the city council present and voting. No vote shall
be reconsidered or rescinded at any special meeting, unless at such special
meeting there be present at large a number of members as were present
when such vote was taken. No ordinance or resolution appropriating money
exceeding the sum of one hundred dollars, imposing taxes, or authorizing
the borrowing of money, shall be passed, except by a recorded affirmative
vote of a majority of all the members elected to the city council. The vote
on any such ordinance or resolution shall be taken in the city council by
yeas and nays, and shall be entered on the journal, and the affirmative
vote of a majority of the members elected to the city council shall be neces-
sary to its passage.

§ 2-7. Councilmen’s salaries.

Notwithstanding the provisions of §§ 15-448 to 15-454, both inclusive,
of the Code of Virginia, the salaries of all councilmen in the city, including
the salary of the mayor, shall be fixed, as provided herein, by a commis-
sion of five resident taxpayers, who shall also be qualified citizens of the
city, and who shall be appointed by the hustings court of the city, or the
judge thereof in vacation, having jurisdiction in the city, and who shall
serve without compensation. Such commissioners shall be so appointed
upon application of the mayor to the court or the judge thereof, as soon
as practical after any general election for members of the council, and the
salaries so fixed shall become effective as of the date on which members
elected at such general election shall take office, but the salaries so fixed
shall be applicable with respect to all members of the council, including
the mayor, irrespective of the date of their taking office, it being intended
that the salaries of all members of the council (with the exception of that
of the mayor in the event his salary shall be fixed at a greater amount
than that of other members of the council) shall at all times be equal and
uniform. The compensation so fixed shall be effective until the expiration
of the terms of members of the council next expiring. If such salaries shal]
not have been fixed on or prior to the date as of which the same shall be-
come effective, as herein provided, all past-due salaries shall be paid to
members of the council at the rate fixed as herein provided.

The commissioners appointed pursuant to this section, shall be noti-
fied by the clerk of such court of their appointment, and, upon being so
notified, shall, as soon as practicable, meet, and fix such salaries, and make
due written report of their action to the clerk of the court. The report so
made shall be in the office of the clerk for thirty days, during which time
any citizen or taxpayer of the city may file written exceptions to the same.
If no exceptions to the report are made, then at the expiration of such
thirty days the clerk shall transmit the report to the city council, which
report shall be entered in full on the records of the council and shall have
ee and effect of an ordinance duly adopted in the mode prescribed

y law.

If any citizen or taxpayer files exceptions to the report within the
thirty-day period above provided for, the matter shall be immediately
docketed by the clerk for hearing as a privileged case as soon as the court
may be able to hear the same, after the lapse of such thirty days from
the making of the report. The judge of such court shall have entire
control of the matter, and may either reject, modify or confirm the report.
Any citizen or taxpayer of the city may make himself a party to the
hearing before the court, and may present such evidence as may be
pertinent. If the report be rejected by the court, new commissioners shall
be appointed immediately, and the same procedure followed as set forth
in the first instance.

Upon the final determination of the matter such order as the court
may enter shall be certified to the city council, spread upon its records,
atc have the force and effect of an ordinance duly adopted as prescribed

y law.

§ 2.8. Vacancies in office of councilman.

Vacancies in the office of councilman, from whatever cause arising,
shall be filled for the unexpired portion of the term by majority vote of
the remaining members of the council or, if the council shall fail to fill
a vacancy in its membership within thirty days of the occurrence of the
vacancy, by appointment by the judge of the hustings court of the city or
by the senior judge thereof, in the event there be more than one.

Chapter 8.
City Officers Generally.

§ 8-1. Oath of city officers generally.

Every officer of the city required by law or by ordinance of the city
council, shall, before he enters upon the duties of his office, take and
subscribe the oath prescribed by § 49-1 of the Code of Virginia and such
other oaths as may be required by the city council. Such oaths, unless
otherwise provided, shall be taken before the clerk of the city council.
The clerk of the city council shall qualify and take the oath provided by this
section before the mayor. A certificate of the oaths provided for in this
section, together with the oaths subscribed, shall be filed with the clerk
of the city council, who shall preserve the same.

§ 8-2. Filling vacancies; how elections to be held.

In the event of the death, resignation or removal of any officer, whose
election or appointment is provided for by this charter, the vacancy in
such office shall be filled under and by virtue of the terms of this
charter. All elections in the city for the officers of the city and members
of the council thereof, shall be held only under and by virtue of the
constitution and laws of this State, and the terms of charter.

§ 8-8. Delivery of property, books and papers to successor in office.

If any person, having been an officer of the city, shall not, within
ten days after he shall have vacated or been removed from office, and
upon notification and request of the clerk of the city council, or of the
authority by whom he was appointed, deliver over to his successor in
office all the property, books and papers belonging to the city or appertain-
ing to such office, in his possession or under his control, he shall forfeit
and pay to the city the sum of five hundred dollars, to be sued for and
recovered with costs. And all books, records and documents used in any
such office by virtue of any provisions of this charter, or of any ordinance
or order of the city council, or any superior officer of the city, shall be
deemed the property of the city and appertain to such office, and the
chief officer thereof shall be responsible therefor.

§ 8-4. Mayor generally.

At the organizational meeting thereof, the city council shall proceed
to choose, by majority vote of all the members thereof, one of their
number to be mayor and one to be vice-mayor for the ensuing two years.
The mayor shall preside over the meetings of the council and shall have,
the same right to vote and speak therein as other members, and shall
have no veto power. He shall be recognized as the head of the city
government for all ceremonial purposes, the purposes of military law
and the service of civil process. The vice-mayor shall in the absence or
disability of the mayor perform the duties of mayor, and if a vacancy
shall occur in the office of mayor shall become mayor for the unexpired
portion of the term. In the absence or disability of both the mayor and
vice-mayor the council shall by majority vote of those present choose
one of their number to perform the duties of mayor.

§ 8-5. City manager.

The city council shall employ a person, who may or may not be a
resident or qualified voter of the city or of the State, to be known as
the city manager. The city manager, under the control of the city council,
shall have general charge and management of the administrative affairs
and work of the city and shall perform such duties as may be required of
him by the city council. He shall receive such salary as shall be allowed
him by the city council and shall serve at the pleasure of the city council.

§ 8-6. City attorney.

The city council shall appoint a suitable and proper person, who shall
be the attorney and counselor for the city, who shall hold his office for
the term of four years, unless sooner removed, and until his successor shall
be appointed and qualified. The city council may prescribe the powers,
duties and liabilities of the city attorney, and fix his compensation at such
an amount as to them may seem fit, to be paid by the city.

§ 3-7. Compensation of clerks of hustings and circuit courts; office
expenses.

The clerk of the courts of record of the city shall be paid a salary of
not less than six thousand dollars nor more than ten thousand dollars
per annum. |

Such salary shall be in full compensation for services and shall be
In lieu of the retention by any such officer of any and all official fees,
commissions or compensation of whatever kind or character, and from
whatever source derived; and the city council of each such city shall
provide for the payment of such salary out of the city treasury in equal
monthly installments. The expenses of office of each such officer, including
the compensation of deputies and employees, shall be likewise paid out
of the city treasury on duly authenticated vouchers, when and as such
expenses are incurred, or may become due and payable, of at least twice
monthly. The maximum amount of such expenses in the case of each
such officer shall be fixed by the State compensation board, and the State
compensation board shall fix the number and compensation of the deputies
and employees of each such officer.
§ 8-8. Disposition of fees and commissions collected by clerks of
hustings and circuit courts.

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

§ 3-9. Election of justices of the peace; number; term; qualification.

There shall be elected by the qualified voters of the city, on the Tues-
day after the first Monday in November, 1965, and every four years there-
after, eight justices of the peace for a term of four years beginning on
the first day of January following their election. Justices of the peace
elected hereunder shall continue in office until their successors shall be
qualified. Justices of the peace elected hereunder shall qualify by taking
the oath prescribed by law, before the judge of the hustings court of the
city, in term time or vacation, or before the clerk of such court in his
office. When such qualification is before the judge he shall certify the fact
to the clerk of such court, and the certificate shall be entered by the clerk
of such court in the order book of the court on the law side thereof. When
such qualification is before the clerk in his office such clerk shall enter
the fact in such order book. The justices of the peace heretofore elected
shall continue in office until the expiration of their present terms.

§ 3-10. Election of high constable; term; bond; deputies; compen-
sation.

There shall be elected by the qualified voters of the city on the Tues-
day after the first Monday in November, nineteen hundred and sixty-five,
and every four years thereafter, one high constable, for the term of four
years beginning on the first day of January succeeding his election. He
shall continue in office until his successor is elected and qualified, unless
sooner removed from office. He shall take the oath of office prescribed by
law, and give bond before the judge of the hustings court, in term time
or vacation, or before the clerk of such court in his office, with sureties
to be approved by such judge or clerk, in the penalty of not less than five
thousand dollars, payable to the Commonwealth of Virginia, and condi-
tioned for the faithful performance of his duties. When he qualifies and
gives bond before the judge, the judge shall certify the fact, and the bond
and certificate shall be returned to the clerk of such court, and the certifi-
cate shall be entered by such clerk in the order book of such court on the
law side thereof, and such bond shall be recorded by the clerk. When
he qualifies and gives bond before such clerk, such clerk shall enter the
fact of such qualification in such order book, and record the bond, and
file the same in his office. The high constable shall perform such duties,
and have such powers, and be subject to such penalties as are now or may
hereafter be prescribed by law in reference to constables in the various
counties of the State. He may, with the approval of the judge of the
hustings court of the city, appoint one or more deputies, to attend to and
execute the duties of his office, but the sureties on the bond of the high
constable shall be equally liable for the acts of such deputy, or deputies,
as those of the principal. The high constable shall receive no compensation
out of the city treasury, and no other constable shall be elected in the city.

§ 8-11. Duties of commissioner of the revenue.

The commissioner of the revenue shall keep his office in such place
as may be designated and prescribed by the council, and shall keep therein
such books, schedules and records, and in such manner as the council
may direct and prescribe, which books, records and other papers shall be
subject to the inspection and examination of the mayor, members of the
council, or of any committee of the city council.

§ 3-12. Clerk of court to deliver to commissioner lists of recorded
deeds, wills and decrees.

To aid the commissioner of the revenue in his duties, the clerk of the
circuit and hustings court of the city shall deliver to him such lists of
recorded deeds, wills, and decrees of court as may be necessary to enable
him to make transfer of real estate in the city.

§ 8-13. Powers and duties of treasurer.

The city treasurer shall be the custodian of all moneys belonging to
the city, shall deposit the same in such bank or banks as the council shall
prescribe, shall keep his office in some place designated by the city council,
shall keep his books and accounts in such manner as the city council may
require, which books and accounts shall always be open to the inspection
of the mayor, and any member or committee of the city council. He shall
pay no money except upon the order of the city council, or upon an order
of a committee of the city council, lawfully drawn in pursuance of the
ordinances of the city. He shall report to the city council at the end of each
fiscal year, and oftener, if required, a full and detailed account of all
receipts and expenditures during that year and the state of the treasury.
He shall keep as a separate fund any special assessment, and the same
shall only be used for the purpose for which it was raised. He shall keep
all city moneys separate and distinct from his own moneys, and he is pro-
hibited from using either directly or indirectly the corporation money in
his custody and keeping, for his own use and benefit or that of any other
person or persons whomsoever and any violation of this provision shall
subject him to immediate removal from office.

§ 3-14. Collector of city taxes generally.

There shall be appointed by the city council one collector of city taxes
who shall serve at the pleasure of the city council. He shall perform such
duties and have such powers as are prescribed by the city council or by
State law.

§ 8-15. Deputies of collector of taxes.

The collector of city taxes may appoint one or more deputies, as may
be provided by the city council, but the sureties in the bond of such officer
shall be equally liable for the acts of the deputies as for those of the
principal.

§ 8-16. Powers and duties of collector of city taxes and collector of
delinquent taxes.

The collector of city taxes shall collect all taxes and assessments
which may be levied by the city, and perform such other duties as may
be herein prescribed or ordained by the council. The collector of city taxes
shall keep his office at such place as shall be designated by the city council,
and shall keep in such office such books, vouchers and accounts as the city
council may direct and prescribe, all of which shall be subject to the
inspection and examination of the mayor, members of the council, and of
any committee of the council. He shall make report in writing, under oath,
to the city treasurer weekly, or oftener, if required, as to the amount of
all moneys collected by him, and shall pay the same into the city treasury
weekly. At the end of each fiscal year he shall submit to the council a state-
ment of all moneys collected by him during the year, and the particular
assessment or account upon which collected, also a statement showing the
amount uncollected.

§ 8-17. Failure of collectors to pay over money; commingling or mis-
use of funds.

The collector of taxes is prohibited from keeping the moneys of the
city in his hands beyond the time prescribed for the payment of the same
into the city treasury; he shall keep all city moneys separate and distinct
from his own moneys, and he is prohibited from using either directly, or
indirectly, the city’s moneys in his custody and keeping for his own use
and benefit, or for the use and benefit of any other person or persons
whomsoever; and violation of this provision shall subject him to imme-
diate removal from office.

Ja § 3-18. Appointment of municipal judge; term; application of state

Ww.

There shall be appointed by the judge of the hustings court of the
city sixty days prior to the expiration of the term of the present municipal
judge, and every four years thereafter, a municipal judge for the city, who
shall hold office for a term of four years and whose term of office shall begin
on the first day of January succeeding his appointment. Vacancies in the
office of the municipal judge shall be filled for the unexpired term by the
judge. All provisions of the Code of Virginia and Acts of the General As-
sembly relating to the municipal judge and to his jurisdiction, powers and
duties, and to proceedings in his court, shall be, or, when enacted, shall be-
come, applicable to the municipal judge to be appointed as herein provided,
and to his jurisdiction, powers and duties and to proceedings in his court.

§ 8-19. Authority to appoint police officer to issue certain civil war-
rants; qualification and bond.

The city council is hereby authorized to appoint one or more officers
or members of the police department of the city who, upon such appoint-
ment and qualification, as hereinafter provided, shall have the power and
authority to issue civil warrants for the collection of city taxes and other
claims of the city. Such civil warrants shall be directed to the high con-
stable of the city and shall be served by him and returnable to the munici-
pal court of the city as other civil warrants. No fee shall be charged by such
police officers for the issuance of such warrants.

Any officer or member of the police department, appointed pursuant
to this section, shall, before entering upon his duties, qualify before the
clerk of the city council and shall give bond with surety, approved by the
city attorney, in the penalty of one thousand dollars, conditioned upon the
faithful performance of his duties prescribed by this section. The premium
on such bond shall be paid by the city.

Chapter 4.
Powers Generally.

§ 4-1. Adoption of state law provisions.

The powers set forth in §§ 15-77.2 to 15-77.70, both inclusive, of the
Code of Virginia as in force on January 1, 1962, are hereby conferred
upon the city.

§ 4-2. Regulation of railroads.

The city council shall have power to determine and designate the
route and grade of any railroad to be laid in the city; to regulate the run-
ning of steam, diesel or other locomotive engines within the limits of the
crty 5 Provided, no contract or legislative authority be thereby impaired or
violated.

§ 4-8. Authority to supply city water outside corporate limits.

Notwithstanding any other provisions of this charter, the council shall
have power, under such terms and conditions as it may prescribe, to fur-
nish and supply city water to natural persons and corporations for use on
property situated not only within the corporate limits of the city but within
an area ten miles outside of the corporate limits of the city; provided, that
the rates for water used and supplied outside the corporate limits shall
not be less than those charged water users within the corporate limits of
the city.
§ 4-4. Restraint and punishment of drunkards, vagrants, etc.

The city shall have the power to restrain and punish drunkards, va-
grants, mendicants and street beggars.

§ 4-5. Authority to prevent vice, immorality, disorderly conduct, ete.

The city shall have the power to prevent vice and immorality, to pre-
serve public peace and good order, to prevent and quell riots, disturbances
and disorderly assemblages, to suppress houses of ill-fame and gaming
houses, to prevent lewd and disorderly conduct or exhibitions in the city,
and to expel therefrom persons guilty of such conduct who shall not have
resided therein as much as one year.

§ 4-6. Authority relative to wharves, docks, etc.

The city shall have the power to establish, construct and keep in order,
alter or remove landings, wharves and docks on land belonging to or which
may hereafter belong to the city, and to lay and collect a reasonable duty
on vessels coming to and using the same; to prevent and remove all ob-
structions in and upon such landings, wharves and docks; to preserve peace
and good order upon the same and upon all other wharves and landings
in the city. They may also appoint port wardens for the port of the city,
prescribe their duties, and fix their fees or compensation; provided, that
no salary or compensation shall be paid such port wardens out of the city
treasury.

§ 4-7. Power of city to acquire land or interests therein for exchange
with public utility company.

Whenever any public utility company owns any land or any easement,
right of way or other interest in land which the city deems necessary and
intends to acquire for any public purpose, which land, easement, right of
way or other interest in land owned by the public utility company is de-
voted to a public use, the city may acquire by gift, purchase or by the ex-
ercise of the power of eminent domain additional or a like easement, right
of way or interest in land adjacent to or approximately adjacent to such
land needed and proposed to be acquired by the city and may then convey
the same to the public utility company for use by it in lieu of the land,
easement, right of way or other interest in land theretofore owned by it
but needed by the city. The condemnation of such land, easement, rights of
way or other interest in land to be conveyed to any public utility company
shall be governed by the same procedure prescribed by this charter and
may be carried out at the same time if against the same property owner
and if against the same landowner or in the same proceedings in which
land is condemned for the city. The city may, with respect to highways,
streets and the extension and construction of sewer and water systems,
under the same procedure and conditions prescribed by this chapter, with
prospective property needed by the city, enter upon and take possession
of such property to be conveyed to any public utility company prior to the
acquisition of title thereto in condemnation proceedings and proceed with
the relocation of the installations of the public utility company in order
that the purposes of the city necessitating such action may be carried out
without delay. Nothing in this section shall be construed to authorize the
city to exercise the power of eminent domain, except subject to the provi-
sions of section 25-233 of the Code of Virginia, when the interest sought
is held by another corporation having the power of eminent domain.

Chapter 5.
Toll Bridges.
§ 5-1. Certain provisions continued in effect.

The provisions of Chapter 529 of the Acts of the General Assembly,
1952, are hereby continued in effect.
§ 6-1. Amusement tax.

In addition to the other powers conferred by law, the city shall have
the power to impose, levy and collect, in such manner as its council shall
deem expedient, an admission tax on admissions to any place of amusement,
entertainment, performance, exhibition, sport or athletic event held in the
city and may provide that such tax may be added to and collected with the
price of admission or other charge for such amusement, entertainment,
performance, exhibition, sport or athletic event.

; § 6-2. Consumer tax for use of public utilities; additional annual
axes.

In addition to other powers conferred by law, the city council shall
have the power to levy, impose and collect, in such manner as it may deem
expedient, a consumer or subscriber tax upon the amount paid for the use
within the city of water, electricity, gas, telephone, and any other public
utility service, or upon the amount paid for any one or more of such public
utility services used within the city, and the council may provide that such
tax shall be added to, and collected with, bills rendered consumers for such
services.

Any such tax heretofore levied, imposed or collected by any ordinance
of the city and which became effective on or after December first, nineteen
hundred forty-seven, and all acts done in pursuance of such ordinance or
any amendment thereof, be, and they are hereby, ratified and confirmed.

In addition to the other powers conferred by law, the council is
hereby empowered to raise annually by taxes and assessments sums of
money as the council shall deem necessary for the purposes of the city,
in such manner, on such subjects and transactions, and from such sources
as council deems expedient, in accordance with the constitution and laws
of the State and the United States.

§ 6-8. Officers for collection of taxes.

The city council may vest in the collector of city taxes and of any
other assessments which the city council is authorized to make, any and
all powers which are now or which may hereafter be vested in any col-
lector of State taxes, may prescribe the mode of proceedings of the col-
lector of city taxes and assessments aforesaid and the mode of proceeding
against such officer for the failure to perform his duties.

§ 6-4. Payment of taxes by tenant or fiduciary.

Any payment of taxes made by a tenant, unless under an express
contract contained in his lease, shall be a credit against the person to
whom he owes the rent; and where any tax is paid by a fiduciary on the
interest or profit of moneys of an estate invested under an order of
court or otherwise, the tax shall be refunded out of such estate.

Article 2. Assessment and Reassessment
of Real Estate.

§ 6-5. Authority of council; establishment of city real estate assess-
ment office; election and duties of assessor.

The city council may, in its discretion, in lieu of the means and
methods now prescribed by 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 establish in the city a city real
estate assessment office and elect as assessor or assessors one or more
persons whose duty it shall be to assess and reassess for taxation the real
estate within the city, to equalize such assessments, and to discharge such
other duties in connection therewith as the city council shall prescribe.
§ 6-6. Manner of making assessments; authority and duties of
assessor; assessments to be made annually; effect of assessments.

The assessor or assessors, elected as provided in the preceding section,
shall make such assessments and reassessments on the same basis as
real estate is required to be assessed under the provisions of Title 58 of
the Code of Virginia and as of the first day of January of each year,
shall have the same authority as the assessors appointed under the pro-
visions of that title, 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 provisions of such title.

§ 6-7. Term and compensation of assessors; council to provide for
vacancies, clerical and other assistance; payment of salary, expenses and
other costs.

The term of the assessor or assessors provided for in this article, may
be fixed by the city council, but he or they shall serve at the will of the
council, and any vacancy or vacancies, however occurring, shall be filled
by the city council. The city 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.

§ 6-8. Assessors to assume certain duties and powers of the com-
missioner of revenue; certain duties of the commissioner of the revenue not
affected; extension of annual taxes.

All duties imposed and all powers conferred by law on the com-
missioner of the revenue of the city with respect to the assessment of
real estate for taxation shall, upon the adoption of an ordinance by the
city under the provisions of this article, be transferred to the assessor or
assessors elected by the council of the city pursuant to the provisions of
this charter, except that such commissioner of the revenue shall not be
relieved of his duties with respect to the preparation of the land books
for use in the city and the delivery and filing of copies thereof as required
by the provisions of Title 58 of the Code of Virginia, but such land books
shall be prepared by the commissioner of the revenue in accordance with
the assessments or reassessments made and certified to him by the
assessor or assessors elected under the provisions of this article, and
taxes for each year shall be extended on the basis of such assessments
or reassessments or on the basis of the last previous assessment of the
property involved if no change in such assessment shall have been made.

§ 6-9. Manner of obtaining relief from assessments.

Any person assessed with taxes or levies on real estate under the
provisions of this charter may apply for relief therefrom in the manner
provided by the applicable provisions of Chapter 22 of Title 58 of the
Code of Virginia.

§ 6-10. Assessors to assume powers of board of equalization.

The assessor or assessors elected pursuant to this article shall have
the powers conferred on boards of equalization by Chapter 19 of Title 58
of the Code of Virginia, as amended or hereafter amended.

§ 6-11. Board of equalization.

The city council, if in its judgment necessity therefor exists, may at
any time during any year, by resolution, request the judge of the hustings
court, either in term time or vacation, to appoint a board of equalization
consisting of three members, all of whom shall be freeholders of the city.
The judge of the hustings court, upon receiving such request from the
city council, shall forthwith appoint such board of equalization, which
shall continue in existence for such term not exceeding one year as the city
council may prescribe. The compensation of the members of such board
shall be fixed by the city council and paid out of the city treasury. The
board shall sit at and for such time or times as may be necessary for the
discharge of its duties; provided, that the period during which such sit-
tings shall be held shall not exceed thirty days, unless otherwise provided
by the city council. The provisions of Chapter 19 of Title 58 of the Code
of Virginia, as amended, or hereafter amended, insofar as the same may
be applicable, shall apply to the board of equalization appointed pursuant
to the provisions of this section except as otherwise provided herein.

§ 6-12. When powers of assessors to be in effect.

The powers conferred upon the assessor or assessors by § 6-11 of
the charter shall continue in effect except during such time as a board of
equalization created under the provisions hereof shall be in existence.

§ 6-18. Article not to affect assessments made by State.

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

Chapter 7.

Continuation Provisions; Applicability to 1962 Elections; Severability;
Repealing Provisions; Effective Date.

§ 7-1. Ratification and continuation of ordinances.

All ordinances and resolutions heretofore made and adopted by the
city, not in conflict with this charter, are hereby ratified and confirmed
and shall be and remain in full force and effect until altered, amended or
repealed by the council of the city.

§ 7-2. Continuation of present offices, etc.

All officers and employees heretofore elected or appointed shall remain
in office and continue in their employment and be vested with the powers
and duties heretofore imposed upon them by the council or by operation
of law or hereafter imposed upon them under the provisions of this act
until their successors are duly elected or appointed as provided by law
or until action is taken by the city as set forth in § 15-77.9, Code of
Virginia, as in force on January 1, 1962.

§ 7-8. Application to 1962 councilmanic elections.

This act shall not be construed to apply to the qualification and elec-
tion of candidates to fill vacancies on the city council occurring in the
year 1962 and such candidates shall qualify and be elected as now pro-
vided by law.

§ 7-4. Severability.

If any clause, sentence, paragraph, or part of this act shall for any
reason be adjudged by a court of competent jurisdiction to be valid, such
judgment shall not affect, impair or invalidate the remainder of the act,
but shall be confined in its operation to the part of the act directly in-
volved in the controversy in which the judgment shall have been rendered.

§ 7-5. Repealing provisions.

The provisions of Chapter 163, page 143 et seq., Acts of Assembly of
Virginia, 1874-75, approved March 11, 1875, and all acts amendatory
thereof, are hereby repealed.

§ 7-6. Effective date.

2. This act shall be in force and effect from and after March 1, 1962.