CHAPTER 662

An Act to provide a new charter for the city of Lexington, and to repeal
Chapter $21, as amended, of the Acts of Assembly of 1982, approved
March 25, 1982, which act provided a new charter for the town of
Lexington.

(fH 111]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:
1. § 1. Incorporation.

The inhabitants of the territory comprised within the limits of the
city of Lexington as the same are now or may hereafter be established by
law shall continue to be a body politic and corporate under the name of the
city of Lexington 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.
$ 2. Territorial limits.

The corporate boundaries of the city are set forth in the sunexation
order recorded in the office of the Clerk of the Circuit Court of Rockbridge
County, Virginia, in Deed Book 251, pages 489-501.

8. Powers.

The powers set forth in §§ 15.1-837 through 15.1-915 of Title 15.1 of
the Code of Virginia as in force on January 1, 1966, and all other powers
which are now or may be conferred upon or delegated to cities under the
constitution and laws of the Commonwealth and all other powers pertinent
to the conduct of a city government are hereby specifically conferred upon
the city of Lexington, and no enumeration of particular powers in this
charter shall be held to be exclusive but shall be held to be in addition to
this general grant of powers.

In addition to the powers granted by other sections of this charter,
the city shall have the power to raise annually by taxes and assessments, as
permitted by general law, in the city such sums of money as the council
shall deem necessary to pay the debts and defray the expenses of the city,
in such manner as the council shall deem expedient. In addition to, but not
as a limitation upon, this general grant of power the city shall have power
to levy and collect ad valorem taxes on real estate and tangible personal
property and machinery and tools; to levy and collect taxes for admission to
or other charge for any public amusement, entertainment, performance,
exhibition, sport or athletic event in the city, which taxes may be added to
and collected with the price of such admission or other charge; to levy and
collect taxes on hotel and motel rooms; to levy and collect privilege taxes,
and capitation taxes; unless prohibited by general law to require
licenses, prohibit the conduct of any business, profession, vocation
or calling without such a license, require taxes to be paid on such
licenses in respect of all businesses, professions, vocations and call-
ings which cannot, in the opinion of the council, be reached by the ad
valorem system ; and to require licenses of all owners of vehicles of all kinds
for the privilege of using the streets, and other public places in the city,
require taxes to be paid on such licenses and prohibit the use of streets,
alleys and other public places in the city without such license.

ADMINISTRATION AND GOVERNMENT

THE MAYOR
§ 4. Chief Executive.
The mayor shall be a qualified voter and a bona fide resident of the city.
By virtue of his office, the mayor shall be the chief executive officer of the
1030 ACTS OF ASSEMBLY [vA., 1966

city. He shall receive such annual compensation as may be fixed by the
council in accordance with the laws of the State.
§ 5. Duties.

The mayor shall preside over the meetings of the council and shall have
the same right to speak therein as other members. He shall have no vote in
the proceedings of the council except in case of a tie. He shall have author-
ity to appoint such committees of the council as deemed necessary and
expedient to the proper administration of the city government.

He shall be recognized as the head of the city government for al]
ceremonial purposes, the purpose of military law and the service of civil
process. He shall authenticate, by his signature, such instruments as the
council, this charter or the laws of the State shall require. SO
§ 6. Vice mayor.

Immediately upon assuming office, the mayor shall designate a council-
man who shall be known as the vice mayor and who, in the event of the
mayor’s death, or during his absence or disability shal] become or perform
the duties of the mayor. ,
§ 7. Mayor and Council.

In addition to a mayor, the city of Lexington shall be governed by a
city council which shall be composed of six (6) members elected at large
and who shall be qualified voters and bona fide residents of the city.

Vacancies in either the office of mayor or in the council shall be filled
within thirty (80) days by a recorded majority vote of the council for the
unexpired term.

In absence, or in the case of disability of both the mayor and vice
mayor, one of the other councilmen selected by a majority vote of the
council shal] have all of the powers heretofore conferred upon the mayor
and vice mayor.

The council shal] have the right to fix salaries for the members thereof,
and the same shal] not be increased or diminished during their respective
terms of office.

§ 8. Election and term of mayor and council.

The mayor and members of the council in office at the time of the
passage of this charter shall continue in office for the terms for which they
were elected or until their successors have been elected and qualified.

At the regular municipal election to be held on the second Tuesday in
June, 1967 and every four (4) years thereafter, the mayor and three (3)
councilmen shall be elected for terms of four (4) years each. At the regular
municipal election to be held on the second Tuesday in June, 1969 and every
four (4) years thereafter, three (3) councilmen shall be elected for terms
of four (4) years each.

§ 9. Powers of council.

All powers of the city of Lexington as a body politic and corporate

shall be vested in the city council.

COUNCIL PROCEDURES
§ 10. Oath of office.

The mayor and other municipal officers of the city, before entering
upon the duties of their respective offices, shall be sworn in according to the
laws of the State by any one authorized to administer oaths, which said
oaths shall be subscribed in writing and filed with the clerk of the council.

The failure of any person elected or appointed to an office under this
charter to qualify within thirty (30) days after the commencement of the
term for which he was elected or appointed, or if elected or appointed to
a vacancy, for thirty (30) days after such election or appointment shall
vacate his office.

§ 11. Council meetings generally.
The council shall, by ordinance, fix the time and place of its meetings.
It shall have authority to adopt such rules as it may deem proper for the
regulation of its proceedings and may compel the attendance of its mem-
bers, punish its members for disorderly behavior, and by a vote of two-
thirds of its members, may expel a member for malfeasance or mis-
feasance in office. The council shall determine its own rules of procedure.
All elections and appropriations of money shall be by oral vote and the vote
shall be recorded in the minutes of the council.

§ 12. Quorum.

Four (4) members of the council and the mayor, or in the absence of
the mayor, five (5) members of the council, shall constitute a quorum for
the transaction of business; but no ordinance or resolution shall be adopted,
having for its object the levying of taxes or the appropriating of moneys,
except by an affirmative vote of two-thirds of all the members of the council.
The mayor shall preside at all meetings of the council when present, but in
the absence or inability of the mayor or the vice mayor, the members of the
council present shall select one of their body to preside over the meeting.
The presiding officer over such meeting shall not be entitled to vote except
in case of a tie.

§ 13. Forfeiture of office upon conviction of felony.

Any member of the council or other officer of the city who shall have
been convicted of a felony while in office shall thereby forfeit his office.
§ 14. Condition of discharge of officer or employee.

Any officer or employee of the city may be discharged for good cause.
§ 15. Organization meeting.

On the first Thursday in September following the regular municipal
election, the council shall meet in the council chambers at 8 P.M. at which
time the newly elected councilmen and mayor, after first having taken the
oath of office prescribed by law, shall assume the duties of their offices.
Thereafter the council shall meet at such time as may be prescribed by
ordinance or resolution ; except that they shall meet regularly not less than
once each month.

§ 16. Special meetings.

The mayor, or any two (2) members of the council, may call special
meetings of the council, at any time, after a written notice of six (6) hours,
with the purpose of the meeting stated therein, served personally on each
member of the council and the mayor, or left at his usual place of business
or residence if he be not found with due diligence, or such meeting may be
held at any time, without any service of notice, provided all members of the
council attend. No business other than that mentioned in the call shall be
considered at such meeting.

§ 17. Meetings to be public.

_ _All meetings of the council shall be public except that the council, in
its discretion, may convene in executive session for the election of officers,
the further consideration of matters pending before the council, and for the
voting thereon; any citizen may attend the meetings of the council or have
access to the minutes and records thereof at all reasonable times.

§ 18. Clerk to the council.

The council shall appoint a clerk to the council to serve at the pleasure
of the council. He shall keep the journal of the council’s proceedings and
shall record all ordinances in a book kept for the purposes. He shall be the
custodian of the corporate seal of the city and shall be the officer authorized
to use and authenticate it. He shall receive such compensation as clerk to
the council as may be determined by the council.

ENACTMENTS

3 19. Ordinances and resolutions. ;
Each proposed ordinance or resolution shall be introduced in written
or printed form and the enacting clause of all ordinances passed by the
mayor and council shall substantially be “Be it ordained and enacted by
the mayor and council of the city of Lexington, Virginia.” Except as
otherwise provided in this charter, an affirmative vote of a majority of the
members elected to the council shall be necessary to adopt any ordinance
or resolution. An ordinance or resolution may be presented and enacted at
the same meeting.

§ 20. Recordation and authentication of ordinances.

Every ordinance or resolution having the effect of an ordinance when
enacted by the mayor and council shall be recorded and indexed by the
clerk of the council, in a book kept for that purpose, and shall be authen-
ticated by the signature of the presiding officer and the clerk of the council.
§ 21. Publication of ordinances.

Every ordinance of a general or permanent nature shall be published
in full once within ten days after its enactment either by posting a copy
thereof at one of the public entrances to the city hall, one copy at the front
door of the Rockbridge County Courthouse and at least four (4) other
public places in the city, or, upon order of the council, by publication in a
newspaper published in the city of Lexington for such time as the council
may direct. No ordinance or resolution having the effect of an ordinance
enacted by the mayor and council, for the violation of which any penalty
is imposed, shall take effect unless and until the same shall have been
published as hereinbefore provided, and a certificate of such publication
filed with the clerk of the council.

THE CITY MANAGER
§ 22. Appointment.

There shall be a city manager who shall be responsible to the council
for the proper administration of the city government. He shall be chosen
by the council without regard to his political beliefs and solely upon the
basis of his executive and administrative qualifications. He shall be ap-
pointed for an indefinite period and shall hold office at the pleasure of the
council. At the time of his appointment he need not be a resident of the
city or the Commonwealth, but during his tenure of office he shall reside
within the city.

§ 23. Duties.

(1) To see that all laws and ordinances of the city are enforced.

(2) To exercise supervision and contro] over all administrative

departments and divisions.

(3) To attend all regular meetings of council with the right to take

part in the discussion but having no vote.

(4) To recommend to the council for adoption such measures as he

may deem necessary or desirable.

(5) Toexecute all contracts on behalf of the city.

(6) To prepare and submit to the council the annual budget.

(7) To keep the council advised as to the present and future needs of

the city and as to all operations of its government.

(8) To perform al! such duties as may be prescribed by the charter

or be required of him by the council.
§ 24. Absence or disability.

During the absence or disability of the city manager or in case of 8
vacancy, the council may designate some properly qualified person to per-
form the duties of the office during such absence, disability or vacancy.
§ 25. Council-manager relationship.

Except for the purpose of conducting administrative inquiries and
hearings by the council or a committee thereof, the mayor and members of

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§ 26. Councilmen not to succeed to office of city manager.
No councilman shall be appointed as city manager during the term for
which he shall have been elected nor within one year after the expiration

of his term.
FINANCIAL ADMINISTRATION
§ 27. Fiscal year.

The fiscal year of the city shall be from July 1 through June 30
inclusive.

§ 28. Submission and adoption of budget, hearings and tax levy.

No later than the first day of May annually the city manager shall
prepare and submit to the council a budget presenting the financial plan
for conducting the affairs of the city for the ensuing fiscal year. Such
budget shall be set up in the manner provided by law and shall include such
information as council, by ordinance or resolution, may require. Hearings
on the budget shall be held and notice thereof given and the budget adopted
in accordance with general laws of the Commonwealth. Provided that the
tax levy for each fiscal year shall be made and a budget for the fiscal year
shall be adopted prior to the first day of the fiscal year for which they were
made or adopted.

§ 29. Borrowing powers.

The council] may, in the name and for the use of the city incur indebt-
edness by issuing its negotiable bonds or notes for the purposes in the
manner and to the extent provided for in the following paragraphs of this
chapter.

§ 30. Purpose for which bonds or notes may be issued, manner of
issuance.

Bonds and notes in anticipation of bonds when the issuance of bonds
has been authorized as hereinafter provided may be issued for any purpose
for which cities are authorized to issue bonds by the constitution or general
laws of the State.

Notes in anticipation of collection of revenue may be issued when
authorized by the council at any time during the fiscal year. Bonds and
notes of the city may be issued in any manner provided by general law.

§ 81. Audits generally.

At the close of each fiscal year the council shall cause to be made an
independent audit of the accounts, books, records and financial transactions
of the city by the auditor of public accounts of the Commonwealth or by a
firm of independent certified public accountants to be selected by the coun-
cil. The report of such audit shall be filed within such time as the council
shall specify and one copy thereof shall always be available for public
inspection in the office of the clerk to the council during regular business
hours. Upon the death, resignation or termination of employment of any
city officer or employee, council may order an audit of the accounts, books,
records and financial transactions of that office.

§ 32. City Attorney.

There shall be a city attorney appointed by council for a term of four
(4) years and he shall receive such compensation as council] may determine.
He shall be an attorney at law licensed to practice under the laws of the
Commonwealth. The city attorney shall be the chief legal adviser of the
council, the city manager, and of all departments, boards, commissions and
agencies of the city including the school board in all matters affecting the
interest of the city. He shall represent the city in all civil proceedings. It
Shall be his duty to perform all services as may be required by the laws of
the Commonwealth, this charter or by ordinance.

MUNICIPAL COURT

§ 38. Municipal court judge and qualifications. -
There shall be within the city of Lexington a municipal court which
shall have jurisdiction and other judicial powers as are conferred on such
courts by general law.

There shall be a judge of the municipal court of the city of Lexington
and such associate and substitute judges as may be deemed necessary by
the council. Such judges shall be appointed by the council for terms of four
(4) years. Vacancies in the office of the judge of the municipal court or
associate or substitute judge shall be filled by the council for the unexpired
term. The municipal court judge shall be an attorney at law qualified and
authorized to practice in this State.

§ 34. Municipal judge, compensation.

The municipal judge shall receive such compensation as council may
determine, which salary is to be paid in the same manner as salaries of
other officials are paid and he shall receive no other compensation for his
services as municipal judge.

§ 35. Juvenile and domestic relations court.

The municipal judge at the time of his appointment and during his
term of office may also serve as judge of the juvenile and domestic relations
court. The council may appoint a judge of the juvenile and domestic rela-
tions court in the same manner and for the same term as the judge of the
municipal court.

The juvenile and domestic relations court shall possess such jurisdic-
tion and other judicial authority as is conferred on juvenile and domestic
relations court by general law.

36. Fees, costs and fines.

Fees, costs and fines shall be assessed, fixed and collected by the
municipal court in the manner provided by general law. All such fees,
costs and fines shall be paid into the city treasury for the benefit of the city ;
provided that fines, costs and fees due to the State shall be paid to the
proper officials of the State.

§ 37. Municipal court clerk.

The clerk of the municipal court and of the juvenile and domestic
relations court shall be appointed by the city council and serve at the
pleasure of the judge of said court. The clerk of the municipal court may
also serve as clerk of the juvenile and domestic relations court. The clerk
shall receive such compensation as the council may prescribe, take such
oath and give such bond as may be prescribed by general law. The powers,
authority and duties of the clerk shall be the same as are now or may here-
after conferred or imposed upon clerks by the laws of the State in civil and
criminal matters including violations of city ordinances.

PUBLIC SAFETY
§ 38. Functions.

The functions of public safety shall be performed by the police depart-
ment and such other bureaus, divisions and units as may be provided by
ordinance or by orders of the city manager consistent therewith.

§ 39. Police Department.

The police department shall be under the supervision of the city man-
ager and consist of the chief of police and such other officers and employees
of such ranks and grades as may be established by ordinance. The police
department shall be responsible for the preservation of the public peace,
prevention of crime, apprehension of criminals, protection of the rights of
persons and property, and enforcement of the laws of the Commonwealth,
the ordinances of the city and all rules and regulations made in accordance
therewith. The chief of police and the other members of the police force of
the city shall have all the powers and duties of police officers as provided
by the general laws of the Commonwealth.

§ 40. Chief of Police.

The head of the police department shall be the chief of police who shall

be appointed by the city manager with the approval of the council. He
shall appoint all members of the department and assign all members of the
department to their respective posts, shifts, details and duties. He shall,
with the approval of the city manager, make rules and regulations in con-
formity with this charter and the ordinances of the city concerning the
operation of the department, the conduct of the officers and employees
thereof, their uniforms, arms and other equipment, their training and the
penalties to be imposed for infractions of such rules and regulations. The
chief of police shall be responsible for the efficiency, discipline and good
conduct of the department. Orders of the city manager relating to the
police department shall be transmitted in all cases through the chief of
police or in his absence from the city or incapacity through an officer of the
department designated as acting chief by the city manager.

CONSTITUTIONAL OFFICERS

§ 41. Election, term, powers, duties and compensation.

On the first Tuesday after the first Monday in November, 1967 and
every four (4) years thereafter, the qualified voters of the city shall elect a
Treasurer and a Commissioner of the Revenue for the city who shall have
such powers and perform such duties and receive such compensation as are
provided by general law.

§ 42. Vacancies.

Vacancies in the office of Treasurer and Commissioner of the Revenue
shall be filled by the council for the unexpired portion of the term of office.
§ 43. Issuing justices.

The council may also elect 2 qualified persons to be known as issuing
justices of the city of Lexington who shall hold office during the pleasure
of the council. Such issuing justices shall qualify in the same manner as
the mayor and shall enter into bond in such penalty as the council shall
prescribe, conditioned for the faithful performance of their duties. Such
issuing justices shall have the same powers as the clerk of the municipal
court to issue warrants and subpoenas for witnesses to take recognizance
and bail and in the performance of such duties to administer oaths.

CITY SERGEANT

§ 44. Appointment and duties.

The council may appoint a city sergeant who may be a member of the
police force. He shall be paid such a salary as the council may fix and all
fees collected by him shall belong to the city. The council may appoint
such deputy city sergeants as may be necessary. The sergeant and any
deputy city sergeants shall have the authority and powers and jurisdiction
which is granted to sergeants of cities of the second class by the general
laws of the Commonwealth and of the ordinances of the city of Lexington
and they shall perform such duties as may be prescribed by the State laws
and ordinances of the city. The city sergeant shall be a conservator of the
peace and in criminal matters or offenses, the city sergeant and deputy
city sergeants shall have jurisdiction for one mile beyond the city limits of
the city of Lexington, in enforcing the criminal laws of the Commonwealth
of Virginia. Any vacancy in the office of city sergeant and deputy city
sergeants shall be filled by the council.

SCHOOLS

§ 45. School District and Division.
_ _ The city of Lexington shall remain a separate school district and sub-
ject to the approval of the State Board of Education, shall become a sepa-
rate school division.
§ 46. Number and qualification of board.

The school board shall consist of three (3) trustees who shall be bona
fide residents and qualified voters of the city.
§ 47. Appointment and term.
Members of the school board shall be appointed by the city council for

overlapping three (3) year terms in a manner prescribed by general law.
Compensation.

The compensation to be paid each trustee shall be fixed by the council.
§ 49. Contractual relationships.

The city of Lexington may, enter into contractual relationships with
the Commonwealth and/or its departments, bureaus, boards and agencies,
neighboring political subdivisions and private agencies for the performance
of any part or all of the functions, or purposes of the city, on such terms
and for such periods as council may determine to be in the public interest,
where such contractual relations are not specifically prohibited by consti-
tution and general laws of the Commonwealth. The school board, with the
approval of council, may enter into contractual relationships with the
Commonwealth and/or its departments, bureaus, boards and agencies,
neighboring political subdivisions and private agencies with a performance
of any part of or all of the functions or purposes of the school board on such
terms and for such periods as the school board may determine to be in the
public interest or such contractual relations are not specifically prohibited
by the constitution and general laws of the Commonwealth.

§ 50. Present ordinances and rules and regulations continued in effect.

All ordinances and resolutions of the city and all rules, regulations and
orders legally made by any department, board, commission or officer of the
city in force at the effective date of this charter insofar as they or any
portion thereof are not inconsistent therewith shall remain in force until
amended or repealed.

§ 51. Continuance of officials and officers.

Except where this charter may otherwise provide, all officials and
officers of the city holding office immediately prior to the effective date of
this charter whether such office be elective or appointive shall continue in
such office until the expiration of their respective current term of office or
until their successors shall have been elected or appointed and qualified or
until such office may be lawfully terminated.

§ 52. Continuance of internal organization of city.

Except where this charter may otherwise provide, the several depart-
ments, commissions, boards and other administrative units of the city
functioning at the effective date of this charter are hereby continued until
otherwise provided by ordinance.

§ 58. Validation and ratification of bonds, taxes and contracts.

All bonds issued and sold or contracts and obligations heretofore made
by the council and the government of the city not inconsistent with the
constitution and the laws of the Commonwealth, all taxes assessed and
levied when the city was a town and when the city was in transition from
the status of a town to a city of the second class to the effective date of this
charter are hereby validated, ratified and confirmed and all proceedings
authorizing the issuance of bonds, notes or other obligations of the city of
Lexington heretofore had are hereby validated, ratified and confirmed and
shall not lapse or terminate or be otherwise affected by reason of any pro-
visions contained in this charter and such bonds, notes or other obligations
may be authorized, sold or issued in accordance with the provisions of law
enforced prior to the effective date of this charter or in accordance with the
provisions of this charter.

§ 54. Partial invalidity.

If any clause, sentence, paragraph or part of this charter shall for any
reason be adjudged of any court of competent jurisdiction to be invalid,
such judgment shall not effect, impair or invalidate the remainder of
said charter, but shall be confined in its operations to the clause, sentence,
paragraph or part thereof directly involved in the controversy in which
said judgment shall have been rendered.
2. Chapter 321 of the Acts of Assembly of 1932 which was approved on
March 25, 1982, and all acts amendatory thereof are hereby repealed.
8. Anemergency exists and this act is in force from its passage.