CHAPTER 464

An Act to amend and reenact §§ 15.1-728, 15.1-724, 15.1-729, 15.1-757,
15.1-768, 15.1-769, 15.1-771, 15.1-779, 15.1-787, and 15.1-791 of the
Code of Virginia and to repeal §§ 15.1-789 and 15.1-790 of the Code
of Virginia, the amended and repealed sections all relating to urban
county forms of government.

{(S 197]

Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 15.1-728, 15.1-724, 15.1-729, 15.1-757, 15.1-768, 15.1-769,
15.1-771, 15.1-779, 15.1-787, and 15.1-791 of the Code of Virginia be
amended and reenacted as follows:

§ 15.1-723. Upon a petition filed with the circuit court of the county,
or the judge thereof in vacation, signed by ten per cent of the qualified
voters of such county or by at least three thousand qualified voters of the
county, asking that a referendum be held on the question of adopting the
form of county organization and government herein provided for, the
court or the judge thereof in vacation shall, by order entered of record,
require the regular election officials at the next general election or on the
day fixed in such order to open a poll and take the sense of the qualified
voters of the county on the questions submitted as herein provided. If a
special election is called it shall be held not more than ninety days nor
less than sixty days from the filing of the petition, but not within thirty
days of any general election. The clerk of the county shall cause a notice
of such election to be published in some newspaper published in or having
a general circulation in the county once a week for three consecutive
weeks and shall post a copy of such notice at the door of the courthouse of
the county.

A resolution may be passed by the board of supervisors of any such
county and filed with the court or the judge thereof in vacation asking
for a referendum, in which case the court or the judge shall proceed as in
the case of a petition.

The court or judge thereof shall act upon the petition or resolution
first filed in the clerk’s office.

If the canvass of the election shows that there is a difference of one
per centum or less between the votes “for” and “against”, petitioners, or
any of them, or the board of supervisors may request a recount under the
provisions of § 24-277.4 of the Code of Virginia. If the petitioner be
the board of supervisors, the entire cost shall be paid from county funds.
If any other petitioner requests such recount, the cost shall be charged to
such petitioner unless the result of the election is changed by such recount,
tn which case the county shall pay such costs.

§ 15.1-724. The regular election officers of such county at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county and conduct the election in such man-
ner as is provided by law for other elections, insofar as the same is appli-
cable. The election shall be by secret ballot and the ballots shall be
prepared by the electoral board and distributed to the various election
precincts as in other elections.

If the petition or the resolution provided for in the preceding section
(§ 15.1-723) shall ask for a referendum on the question as to whether the
county shall adopt that form of county organization and government
designated herein as the urban county executive form, the ballot shall be
printed to read as follows:

Question *. Shall the county adopt the urban county executive form
of government and be empowered to assume the debts and acquire the
assets of all towns within the county in which the voters determine to
dissolve their town charters?

[] For

(J Against

zs 8

If the petition or the resolution shall ask for a referendum on the
question as to whether the county shall adopt that form of county organ-
ization and government designated herein as the urban county manager
form, the ballot shall be printed to read as follows:

Question *. Shall the county adopt the urban county manager form
of government and be empowered to assume the debts and acquire the
assets of all towns within the county in which the voters determine to
dissolve their town charters?

(] For

O) Against

*¢ 8 ;

Voting shall be in accordance with the provisions of § 24-141.

The ballots shall be counted, returns made and canvassed as in other
elections, and the results certified by the commissioners of election to the
circuit court or judges thereof in vacation. If it shall appear by the report
of the commissioners of election that a majority of the qualified voters of
the county voting are in favor of changing the existing form of govern-
ment therein provided for, the circuit court, or the judge thereof in vaca-
tion, shall enter of record such fact and the additional facts as to the form
of county organization and government adopted. *

If either such form of government is adopted, and after the same has
become effective, the board of supervisors may petition the circuit court
of the county, or the judge thereof in vacation, for a referendum on the
question as to whether the county shall assume the responsibility for the
construction, control, maintenance and repair of the primary and secon-
dary system of State highways or the secondary system of highways
within the county. Provided, however, that the notice of such election
published as required herein shall contain a statement as to terms and
conditions upon which the transfer of such system or systems of State
highways would be made for such purposes as well as the formula by
which State funds would be distributed to the county for such purposes,
all as agreed to by the State Highway Commission and the board of
supervisors of the county. Such election shall be called and conducted as
provided in this article for other referenda. The ballot shall be printed
to read as follows:

Question: Shall the county assume the responsibility of the construc-
tion, control, maintenance and repair of the primary and
secondary system of State highways (or secondary sys-
tem of State highways, as the case may be) within the
county ?

[] For
[] Against

The ballots shall be counted, returns made and canvassed and the
results certified as provided for herein. If a majority of the qualified
voters of the county voting are in favor of the county assuming such
responsibility the judge of the circuit court shall enter of record such fact
and shall include in the order the terms and conditions contained in the
agreement between the State Highway Commission and the board of
supervisors as set forth in the notice of election. On the date set forth in
said agreement the transfer of said system or systems of highways to the
county shall take effect.

§ 15.1-729. The powers of the county as a body politic and corporate
shall be vested in an urban county board of supervisors, to consist of one
member from each district of such county to be known as the Board of
Supervisors. Each member shall be a qualified voter of his district and
shall be elected by the qualified voters thereof. In addition to the above
members of the board of supervisors, there shall be elected a county
chairman who shall be a qualified voter of the county and shall be elected
by the qualified voters thereof. The county chairman shall be the chairman
of the board of supervisors and preside at the meetings thereof. The chair-
man shall represent the county at official functions and ceremonial events.
The chairman shall vote only in case of a tie but shall have all other
rights, privileges, and duties of other members of the board and such other,
not in conflict with this article, as the board may prescribe. No person
may be a candidate for County Chairman at the same time he is a
Corainate for membership on the County Board from any District of the

ounty.

At the first meeting at the beginning of its term and anytime there-
after when necessary, the board of supervisors shall elect a vice-chairman
from its membership who shall perform the duties of the chairman in his
absence, except that he shall retain his right to vote when so acting.

The supervisors and chairman first elected under the provisions of this
chapter shall hold office until the first day of January following the next
regular election provided by general law for the election of supervisors.
At such election their successors shall be elected for terms of four years
each.

In the event that the number of districts in any such county shall be
increased by redistricting or otherwise subsequent to a general election for
supervisors under such form of government, and such supervisors shall
have taken office, then, in such event, the urban county board of super-
visors shall adopt a resolution requesting a judge of the circuit court of
such county to call a special election for an additional supervisor or super-
visors in accordance with the increase in the number of districts, such
additional supervisor or supervisors to be elected, from such district or
districts and such election shall be held within forty-five days from the date
of such request. The qualifications of candidates and the election shall be as
at general law applying to special elections. Any supervisor or supervisors
thereby elected shall hold office until the first day of January following the
next regular election provided by general law for the election of members
of the board of supervisors, and at the next regular election all super-
visors of any such county shall be elected from districts as provided by law.

Any vacancy on the urban county board of supervisors shall be filled
by the judge of the circuit court of the county. His appointee shall hold
office * until the thirty-first day of December following the first general
election occurring at least six months after such vacancy occurs at which
election a Supervisor shall be elected from such district for the unexpired
term, if any.

§ 15.1-757. (a) Any county which adopts either form of organiza-
tion and government provided for by this chapter may change to the other
form of organization and government therein provided for, or change back
to the form of county organization and government provided for by Title
15.1, chapter 13 (§ 15.1-582 et seq.) of this Code of Virginia as amended,
or change back to the form of county organization and government pro-
vided for by Article VII of the Constitution and the general law of the
State. The procedure for initiating, conducting and determining the re-
sults of a referendum thereon, shall be the same, in so far as applicable,
as that herein provided in article 1 (§ 15.1-722 et seq.) of this chapter,
provided that the question or questions to be submitted to the voters shall
be contained in the resolution adopted by the urban county board of super-
visors or in the petition filed with the court and which question or ques-
tions shall be on the adoption of one of the forms of county organization
and government named in paragraph (b) and set forth in the * question
hereinafter provided for in * paragraph (c) *.

(b) Forms of county organization and government which may be
adopted :

Urban County Manager Form (or

Urban County Executive Form as the case may be)

The County Executive Form

The County Manager Form

The Form of County Organization and Government Provided for by
Article VII of the Constitution of Virginia.

(c) The ballot shall be printed to read as follows:

Question. Shall the county adopt (here insert name of form proposed
im Lo or resolution and which form is set forth in paragraph (b)

ereo

Tl For.

3s 8s
§ 15.1-763. The urban county board of supervisors shall, as soon as

the members thereof are elected and take office, provide for the perform-
ance of all the governmental functions of the county and to that end shall
provide for and set up all departments of government that shall be neces-
sary, not inconsistent with the provisions of the form of county organiza-
tion and government herein provided. Any person assigned to the Office
of the County Executive shall be removable at the pleasure of the urban
County Board of Supervisors and such removal shall not be subject to
review by any other employee, agency, Board or Commission of the County.
The urban county board of supervisors shall have all authority and powers
provided for by this chapter or by other law and shall have the power to
raise annually by taxes and assessments on property, persons and other
subjects of taxation, which are not prohibited by law, such sums of money
as in the judgment of the board are necessary to pay the debts, defray the
expenses, accomplish the purposes and perform the functions of the county.

§ 15.1-769. The department of law enforcement shall consist of *
the attorney for the Commonwealth, chief of police, and * sheriff, together
with their assistants, police officers, deputies and employees. * Should a
department of public safety be created, the chief of police, his police
officers and employees shall be a part of such department as hereinafter
provided for.

The attorney for the Commonwealth shall exercise all the powers
conferred and perform all the duties imposed upon such officer by general
law and shall be accountable to the urban county board of supervisors in all
matters affecting the county and shall perform such duties, not inconsistent
with his office, as the urban county board of supervisors shall direct.
He shall be selected as provided by general law.

The department of law enforcement may also include a county attorney
to be appointed annually by the urban county board of supervisors and
who shall serve at an annual salary to be set by said board. In the event
of the appointment of such county attorney, the Commonwealth’s attorney
shall be relieved of the duties of advising the board of supervisors, of
drafting or preparing county ordinances and of defending or bringing civil
actions in which the county or any of its officials shall be a party, and all
such duties shall be performed by the county attorney and he shall be
accountable to the urban county board of supervisors in all such matters.

The sheriff shall exercise all the powers conferred and perform all the
duties imposed upon sheriffs by general law except as herein provided.
He shall have the custody, feeding and care of all prisoners confined in the
county jail. He shall perform such other duties as may be imposed upon
him by the urban county board of supervisors. The sheriff shall be selected
as provided by general law. The sheriff and such other deputies and
assistants appointed hereunder shall receive such compensation as the
urban county board of supervisors may prescribe. Any policeman ap-
pointed by the urban county manager or executive or the board of super-
visors shall be under the supervision and control of the urban county
board of supervisors unless such supervision and control be conferred
upon the urban county manager or executive and such policeman shall
have such powers as special policemen as may be provided by general law.

§ 15.1-771. The department of records shall be under the super-
vision and control of the county clerk. He shall be clerk of the circuit
court of the county, and if designated by the urban county board of super-
visors clerk of the county court, and clerk of the urban county board of
supervisors unless the urban county board of supervisors shall designate
some other person for this latter purpose. He shall exercise all the powers
conferred and perform all the duties imposed upon such officers by general
law and shall be subject to the obligations and penalties imposed by
general law. He shall also perform such other duties as may be imposed
upon him by the urban county board of supervisors.

§ 15.1-779. Each year at least two weeks before the urban county
board of supervisors must prepare its proposed annual budget, the urban
county executive or manager shall prepare and submit to the urban county
board of supervisors a budget presenting a financial plan for conducting
the affairs of the county for the ensuing year; such budget shall be set up
in the manner prescribed by general law. Hearings thereon shall be held
and notice thereof given and the budget adopted in accordance with such
general law. The urban county board of supervisors shall establish the
salary and allowances of the members of the board of supervisors and all
other employees of the county provided, however, that no salary of the
board shall exceed the sum of ten thousand dollars unless authorized by
Act of the General Assembly.

§ 15.1-787. Within ninety days after the adoption of either of the
forms of government set forth in this chapter, the county board of super-
visors, after holding a public hearing thereon, shall divide the county into
from five to eleven districts. The division shall be based on considerations
of size, community of interest and the need for services not required on a
county-wide basis, and shall be as nearly equal as practicable in population.
Under this form of county organization and government in accordance
with the powers vested in the General Assembly in § 110 of the Constitu-
tion of Virginia, districts may be of any reasonable area and are not
limited by the provisions of § 111 of the Constitution.

These districts shall serve as * (a) the electoral divisions for elections
of members of the urban county board of supervisors, * (b) sanitary
districts under the provisions of article 7 (§ 15.1-791), and * (c) shall
have such other functions as are specified herein.

Each district shall have at least one of its residents who is a qualified
voter of the district appointed to the local planning Commission of the
County and to the County School Board. Each member of the County
School Board shall be appointed for terms and serve in accordance with
all the provisions of § 22-83.2 of the Code of Virginia.

§ 15.1-791. (a) Notwithstanding any other provision of law, no
court within any county having the form of county organization and gov-
ernment herein provided shall entertain any petition filed for the creation,
enlargement, contraction, merger, consolidation or dissolution of a district
authorized to be created in accordance with the provisions of chapters 2
(§ 21-113 et seq.), 6 (§ 21-292 et seq.), 7 (§ 21-427 et. seq.), or 8
(§ 21-428 et seq.) of Title 21 of the Code of Virginia, chapter 161, Acts
of the Assembly 1926, as amended, or any other law providing for the
creation of those subdivisions referred to generally as sanitary or small
districts hereinafter referred to as “sanitary districts”. No petition for
the creation, enlargement, contraction, merger, consolidation or dissolu-
tion of a sanitary district filed by any person or group of persons shall be
of any effect and any court in which same may be filed shall forthwith
ee the same from its dockets and no further proceedings thereon shall

ad.

(b) Notwithstanding any other provision of law, in any county
having the form of county organization and government herein provided,
each district created under the provisions of § 15.1-787 shall be a sanitary
district with all the rights and powers conferred on sanitary districts by
general law. * Provided that no incorporated town shall be included within
any Sanitary District without the consent of the council of such town.

Every sanitary district existing in the county shall be dissolved on the
date that either of the forms of government herein go into effect and each
shall at that time be recreated as a small district or small districts within
the respective sanitary districts. The county shall assume the liabilities
of the sanitary district and shall own all its properties and the existing
assets less the liabilities assumed of such sanitary district shall be used
by the board of supervisors as a factor in establishing service charges
within the small district or small districts. The services provided by the
former sanitary districts shall be continued by the county in the new
small districts * . ;

Provided that nothing in this section shall affect any sanitary district
existing at the time of adoption of this form of government in which bonds
oe ne district have been issued and for as long as such bonds are out-
Ss g.

(c) Notwithstanding any other provision of law, in any county hav-
ing the form of county organization and government herein provided, the
county board of supervisors shall have the power and authority with
regard to the creation, enlargement, contraction, merger, consolidation or
dissolution of small districts and local districts within such county that is
granted to the circuit court of the county in connection therewith by Title
21 of the Code of Virginia and by Chapter 161 of the Acts of the Assembly
of 1926, as amended.

2. §§ 15.1-789 and 15.1-790 of the Code of Virginia are repealed.