CHAPTER 150

An Act to provide a charter for the city of Salem, and to repeal Chap. 288
of the Acts of Assembly of 1924, approved March 20, 1924, as amended,
which provided a charter for the town of Salem, Virginia.

——— -. F ya ae a
Be it enacted by the General Assembly of Virginia:

Chapter 1.
Incorporation and Boundaries.
1, § 1.1. Incorporation.

The inhabitants of the territory comprised within the limits of the
city of Salem, in Roanoke County, as the same now are or may here-
after be established by law, shall continue to be a body politic and cor-
porate under the name of the city of Salem, and as such shall have
perpetual succession, may sue and be sued, contract and be contracted
with and may have a corporate seal which the city may alter, renew or
amend at its pleasure.

§ 1.2. Boundaries.

The boundaries of the city of Salem shall be as set out in § 3, chapter
288, of the Virginia Acts of Assembly of 1924, and as added to in the fol-
lowing Annexation Orders of the Circuit Court of Roanoke County;

(1) G. W. Akers et al. v. town of Salem et als., entered November
13, 1952, recorded in Common Law Order Book 20, at page 294, in the
office of the clerk of the Circuit Court of Roanoke County.

(2) Town of Salem v. County of Roanoke, entered October 31, 1959,
recorded in Common Law Order Book 22, at page 48, in the office of the
clerk of the Circuit Court of Roanoke County.

Town of Salem v. county of Roanoke et al., entered August
17, 1966, in Common Law Order Book 24, at page 159, in the office of the
Clerk of the Circuit Court of Roanoke County.

Chapter 2.
Powers Generally.
§ 2.1. General grant of powers.

The city shall have and may exercise all powers which are now or
may hereafter be conferred upon or delegated to cities under the Con-
stitution and Laws of the Commonwealth and all other powers pertinent
to the conduct of a city government, the exercise of which is not ex-
pressly prohibited by the said Constitution and Laws, and which in the
opinion of the city council are necessary or desirable to promote the
general welfare of the city and the safety, health, peace, good order,
comfort, convenience and morals of its inhabitants, as fully and com-
pletely as though such powers were specifically enumerated in this charter,
and no enumeration of particular powers in this charter shall be held to
be exclusive, but shall be held to be in addition to this general grant of
powers.

§ 2.2. Adoption of certain provisions of Code of Virginia.

The powers set forth in §§ 15.1-837 through 15.1-915 of Chap. 18
of Title 15.1 of the Code of Virginia, as in force January 1, 1968, and
any acts amendatory thereof or supplementary thereto, are hereby con-
ferred on and vested in the city of Salem.

§ 2.8. Contractual relationships.

The city may enter into contractual relationships with the Common-
wealth and/or its departments, bureaus, boards and agencies, with neigh-
boring political subdivisions, with authorities, including regional author-
ities, and with private agencies on such terms and for such periods as
the city council may determine to be in the public interest in order to
promote the education, health, safety, and general welfare of its resi-
dents. Such contracts may include, but shall not be limited to, schools,
libraries, sewage collection and disposal, water supply, police and fire pro-
tection, mass or rapid transit, parks, playgrounds and open spaces.

2.4. Eminent domain.
The powers of eminent domain set forth in Title 15.1, Title 25,
Chapter 1.1 and Title 33, Chapter 1, of the Code of Virginia, as amended,
and all acts amendatory thereof and supplemental thereto, mutatis
mutandis, are hereby conferred upon the city of Salem.

(a) In any case in which a petition for condemnation is filed by
or on behalf of the city, a true copy of a resolution or ordinance duly
adopted by the city council declaring the necessity for any taking or
damaging of any property, within or without the city, for the public pur-
poses of the city, shall be filed with the petition and shall constitute
sufficient evidence of the necessity of the exercise of the powers of eminent
domain by the city. The city may employ the procedures conferred by
the foregoing laws, mutatis mutandis, and may, in addition thereto, pro-
ceed as hereinafter provided.

(b) Certificates issued pursuant to §$§ 33-70.3 to 33-70.11, inclu-
sive, Code of Virginia, as amended, and acts amendatory thereof and
supplemental thereto, may be issued by the city council, signed by the
mayor and countersigned by the City Treasurer. Such certificate shall have
the same effect as certificates issued by the State Highway Commissioner,
under the aforesaid laws, and may be issued in any case in which the
city proposes to acquire property of any kind by the exercise of its powers
of eminent domain for any lawful public purpose, whether within or with-
out the city; provided, that the provisions of § 38-70.1, Code of Virginia,
as amended, shall not be used for the acquisition of lands, easements or
related interests in property located outside of the city, except for the
acquisition of said interests necessary for streets, water, sewer or utility
pipes or lines or related facilities.

(c) In addition to the powers conferred by the aforesaid laws, such
certificates may be amended or cancelled by the court having jurisdiction
of the proceedings, upon petition of the city, at any time after the filing
thereof; provided, that the court shall have jurisdiction to make such
order for the payment of costs and damages, if any, or the refund of
any excessive sums theretofore paid pursuant to such certificate as shall,
upon due notice and hearing, appear just. The court shall have jurisdic-
tion to require refunding bonds, for good cause shown by the city or
any other person or party in interest, prior to authorizing any distribution
of funds pursuant to any certificate issued or deposit made by the city.

§ 2.5. Acquisition and disposal of property for certain purposes.

The city is authorized to acquire, in any lawful manner, for the pur-
pose of encouraging commerce, manufacture, education and the building
of homes, lands within and without the city, not exceeding at any one
time one thousand acres in the aggregate, and from time to time, to sell,
dispose of, lease or donate the same or any part thereof for commercial,
industrial, educational or residential uses and purposes, including any land
now owned bv the city. The city may also donate any land now or here-
after owned by the city for hospital purposes.

§ 2.6. Property assessments.

(a) The city council may provide for the annual assessment and
reassessment of real estate for taxation. The city council shall appoint an
assessor of real estate to assess all real estate within the city for tax-
ation. The city council shall prescribe the duties and terms of his office,
may remove him for cause, shall fix his compensation, which shall be
payable out of the treasury of the city, and may provide for such tech-
nical and clerical assistance as may be necessary or advisable and for the
payment of any other expenses that may be properly incident to the
function of his office.

(b) All real estate shall be assessed at its fair market value and
the taxes for each year on such real estate shall be extended on the basis
of the last assessment made prior to such year, subject to such changes
as may have been lawfully made.
(c) The assessor shall prepare the land books and extend the taxes
thereon and perform all the duties required by law to be performed in
respect to real estate assessments. The Clerk of the Circuit Court shall
furnish to the assessor the list of real estate transfers within the city.

_ _(d) Notwithstanding the provisions of § 58-895 of the Code of Vir-
ginia, the Circuit Court of Salem, or the judge thereof in vacation, shall
appoint for the city a board of equalization of real estate assessments,
to be composed of three members, who shall be freeholders of the city,
and who shall be selected by the court or judge from the citizens of the
city. Initially one member shall be appointed for a term of three years,
one for a term of two years and one for a term of one year. Each suc-
ceeding year thereafter one member shall be appointed for a term of
three years. All terms shall run from the first day of December in the
year of appointment until the thirtieth day of November in the year of
expiration, the terms of the members first appointed shall begin on the
day of appointment. Members shall hold over until a successor is ap-
pointed and qualifies. Such court or iudge thereof in vacation may re-
appoint any member upon the expiration of his term and shall fill any
vacancy unon the board for the unexnired term. The membhers of the
board shall receive per diem compensation for the time actually engaged
in the duties of the board, to be fixed by the city council, and paid out
of the treasury of the city; provided. the city council may limit the per
diem compensation to such number of days as in its opinion is sufficient
for the completion of the work of the board. Such board of equalization
shall have and may exercise the power to revise, correct and amend any
assessment of real estate made by the assessor in the calendar year in
which they serve and to that end shall have all the powers conferred
upon boards of equalization by Chapter 19 of Title 58 of the Code of
Virginia, and any acts amendatory thereof and supplemental thereto.
Notwithstanding such chapter, however, the board of equalization may
adopt any regulations providing for the oral presentation, without formal
petitions or other pleading or requests for review, and looking to the
further facilitation and simplification of proceedings before the board.

(e) The city of Salem and any person aggrieved by any correction
or assessment made by the assessor or the board of equalization may
apply for relief in the manner provided by §§ 58-907, 58-1143 and
68-1145 of the Code of Virginia and any acts amendatory thereof and
supplemental thereto.

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

(gz) All provisions of law relating to the assessment of real estate
in cities not in conflict with the provisions of this section shall apply to
the assessment made pursuant thereto.

Chapter 8.
Elections.

§ 8.1. Election of councilmen.

On the second Tuesday in June 1968 and on the second Tuesday in
June every two years thereafter, there shall be held a general municipal
election, at which the members of the city council shall be elected. All
other municipal elections that may be held shall be known as special munici-
pal elections.

§ 8.2. General law to control registration, nominations and elections.

Unless otherwise provided in this charter, registration, nominations
and elections held under this charter shall be in accordance with the
general laws of the Commonwealth.

§ 3.3. How regular municipal election for election of councilmen
The candidates in any regular municipal election for the election of
councilmen, equal in number to the places to be filled, who shall receive
the highest number of votes at such election, shall be declared elected.

In any such election, each elector shall be entitled to a vote for as
many persons as there are vacancies to be filled, and no more. No elector
shall in such election cast more than one vote for the same person.

In counting the vote, any ballot found to contain a greater number
of names for the office of councilmen than the number of vacancies in the
council to be filled shall be void, but no ballot shall be void for contain-
ing a less number of names than is permitted hereby.

§ 3.4. Election of other city officers; filling of vacancies.

All other city officers required by the Constitution and general laws
of the Commonwealth to be elected by the qualified voters of the city shall
be elected on the first Tuesday following the first Monday in November
preceding the expiration of the terms of office of their respective predeces-
sors, for such terms as are prescribed by law. All such elective officers
shall be nominated and elected as provided in the general laws of the
Commonwealth. The officers so elected or appointed shall qualify in the
mode prescribed by law and shall continue in office until their sucessors
are elected and qualified.

§ 3.5. Advisory referendum.

The city council, by majority vote of the entire council, may submit
to the qualified voters of the city for advisory purposes, any question or
group of questions relating to the affairs of the city. Any such advisory
referendum shall be conducted in the manner provided for bond elections,
but the results thereof shall not be binding upon the city council. There
shall be no right of appeal from or recount of the results of an advisory
referendum.

Chanter 4.

City Council.

§ 4.1. Composition of council; staggered terms and term of office of

councilmen.

The city council shall consist of five members. At the general munici-
pal election held in June 1968, and every four years thereafter, three
members of council consisting of the two members whose terms are ex-
piring and the term of the member whose vacancy now presently exists
due to a resignation shall be elected for terms of four years. At the
general municipal election held in June 1970, and every four years there-
after, two members of council shall be elected for terms of four years.
All members of the city council shall serve until their successors have
been elected and have qualified.

§ 4.2. Eligibility for office of councilman.

Any person qualified to vote in the city shall be eligible to the office
of councilman.

§ 4.3. Filling of vacancies on council.

Vacancies in the city council shall be filled within thirty davs, for
the unexpired term, by a majority vote of the remaining members. Should,
however, the remaining members cast a tie vote, or otherwise be unable
to agree, the clerk of council shall, after the expiration of thirty days,
certify this fact to the Circuit Court of Salem, and the court, or the judge
thereof, shall proceed to enter an order appointing a qualified person or
persons to fill such vacancy or vacancies.

§ 4.4. Election, term of office and duties of mayor.

At the first meeting of the city council in September of each even-
numbered year, the city council shall elect from its members a mayor,
who shall serve for a term of two years. The mayor shall preside at
meetings of the city council and perform such other duties consistent
with his office as may be imposed by the city council. He shall have a
vote and voice in the proceedings of the city council, but shall have no
power of veto. He shall be the official head of the city and he shall be
clothed with all the powers and authority in civil and criminal matters
as may be prescribed by the laws of the State. In times of public danger
or emergency, he, or during his absence or disability, the city manager,
may take command of the police and maintain order and enforce the laws,
and for this purpose, may deputize such assistant policemen as may be
necessary. During his absence or disability, except as above provided,
his duties shall be performed by another member appointed by the city
council. He shall authenticate by his signature such instruments as
the city council, this charter or the laws of the Commonwealth shall
require.

§ 4.5. Salaries of mayor and council.

The city council shall fix the salaries of the councilmen and the
mayor. Salaries of councilmen shall not exceed two hundred dollars per
month, and the salary of the mayor shall not exceed fifty dollars per
month in addition to his salary as a councilman. The salaries of the
mayor and councilmen shall not be decreased during the term for which
they were elected.

§ 4.6. Meetings; quorum.

(a) On the first day of September following a regular municipal
election, or if such day is a Sunday, then on the day following, the city
council shall meet at the usual place for holding the meetings of the city
council, at which time the newly elected councilmen, after first having
taken the oaths prescribed by law, shall assume the duties of their office.
Thereafter, the city council shall meet at such times as may be prescribed
by ordinance or resolution; except, that they shall regularly meet not less
than once each month.

The mayor, any member of the city council or the city man-
ager may call special meetings of the city council at any time upon
giving at least twelve hours written notice thereof, with the purpose
of such meeting stated therein, to each member served personally or
left at his usual place of business or residence, or such meeting may be
held at any time without notice, provided all members of the city council
attend. No business other than that mentioned in the call shall be con-
sidered at such meeting, unless all members of the city council are present
and first give their unanimous consent to the consideration of such business.

(c) All meetings of the city council shall be public, and any citizen
may have access to the minutes and records thereof at all reasonable times.

(d) A majority of all members of the city council shall constitute
a quorum to do business, but a smaller number may adjourn from time
to time, and compel the attendance of absentees.

§ 4.7. Votes to be recorded.

All votes and elections by the city council shall be viva voce and the
vote shall be recorded in the journal of the council.

§ 4.8. Rules of procedure; journal of proceedings.

The city council may determine its own rules of procedure and may
punish its own members for misconduct. It shall keep a journal of its
proceedings.

§ 4.9. Council members to deal with administrative service through

city manager.

Except for the purpose of inquiry, the city council and its members
shall deal with the administrative service solely through the city man-
ager, and neither the city council nor any member thereof, shall give
orders to any of the subordinates of the city manager, either publicly
or privately. Any such orders or other interference on the part of the
city council or any of its members with subordinates or appointees of
the city manager, instead of dealing or communicating direct with the
city manager, is prohibited.

§ 4.10. Interest of councilmen in contracts, sales, etc.

No member of the city council or other officer shall be interested,
directly or indirectly, in the profits of any contract or work, or to be
financially interested, directly or indirectly, in the sale to the city of any
land, materials, supplies or services (other than official services). Any
member of the city council or any other officer of the city offending
against the provisions of this section shall upon conviction thereof, be
fined not more than five hundred dollars or be imprisoned not more than
ninety days, or both, in the discretion of the court, and shall forfeit his
office.

§ 4.11. Effect of conviction of councilman of felony.

Any member of the city council who shall be convicted of a felony
while in office shall thereby forfeit his office.

§ 4.12. Council a continuing body.

The city council shall be a continuing body, and no measures pending
before such body, or any contract or obligation incurred, shall abate or
be discontinued by reason of the expiration of the term of office or re-
moval of any of its members.

Chapter 5.
City Manager.

§ 5.1. Administrative and executive head of government; appoint-

ment; term of office; removal; absence or disability.

The city manager shall be the administrative and executive head of
the city government. He shall be appointed by the city council solely
on the basis of his executive and administrative qualifications. The choice
shall not be limited to inhabitants of the city or state. He shall be
appointed for an indefinite period and shall serve at the will of the
city council; provided, that he may not be removed without a public hear-
ing or written charges prior to his final removal, if he so desires, but
during such hearing the city council may suspend him from office. Dur-
ing the absence or disability of the city manager, the city council shall
designate some properly qualified person to perform the duties of the
office.

§ 5.2. Powers and duties generally.

The city manager shall be responsible to the city council for the
proper administration of all affairs of the city coming within his jurisdic-
tion under this charter, the general law or the ordinances or resolutions
of the city council. He shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) To appoint and remove such city officers and employes as the
city council shall determine are necessary for the proper administration
of the city, except those in the financial, legal and judicial departments,
and the clerical and other attendants of the city council. The city man-
ager shall report each appointment and removal to the city council at
the next meeting thereof following any such appointment or removal.

(c) To see that all terms and conditions imposed in favor of the
city or its inhabitants in any public utility franchise or any contract are
faithfully kept and performed, and upon knowledge of any violation
thereof, to call the attention of the same to the city council, whose duty
it shall be forthwith to direct such steps as are necessary to protect and
enforce the same.

(d) To exercise supervision and control over all city departments
and divisions created herein, or that may be created by the city council,
and have general supervision over all public improvements, works and
undertakings, except as otherwise provided in this charter.
(e) To attend all meetings of the city council, with the right to
take part in the discussion, but having no vote.

(f) To recommend to the city council for adoption such measures as
he may deem necessary or expedient.

(g) To prepare the annual budget and keep the city council fully
advised as to financial conditions and needs of the city.

To make all such contracts in behalf of the city as may be
authorized by this charter, or in accordance with the provisions of the
appropriation made by the city council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the city council.

(i) Unless and until otherwise provided by the city council, to act
as city purchasing agent.

(j) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the city
council.

§ 5.8. Temporary transfer of employees to other departments, etc.

The city manager may whenever the interests of the city require,
irrespective of any other provisions of this charter, assign employees
of any department, bureau, office or agency to the temporary performance
of duties in another department, bureau, office or agency.

§ 5.4. Council not to interfere in appointments or removals.

Neither the city council nor any of its members shall direct or request
the appointment of any person to or his removal from any office or em-
ployment by the city manager or by any of his subordinates or in any
way take part in the appointment of or removal of officers and employees
of the city, except as specifically provided in this charter.

§ 5.5. Relations with boards, commissions and agencies.

The city manager shall have the right to attend and participate in
the proceedings of, but not to vote in, the meetings of all boards, com-
mission or agencies created by this charter or by ordinance and any
other board or commission the city council may designate.

Chapter 6.
City Officers and Employees Generally.

§ 6.1. Appointment and term of office of appointive officers.

The city council may appoint a city clerk, a city attorney and such
other officers for the city as they may deem necessary. Unless otherwise
provided by this charter or by ordinance, such officers shall serve at the
pleasure of the city council.

§ 6.2. Deputies and assistants.

Unless otherwise provided by this charter or by general law, the
city council may appoint such deputies and assistants to city officers as
they may deem necessary.

§ 6.8. Appointment of one person to more than one office.

The city council may appoint the same person to more than one ap-
pointive office, at the discretion of the city council.

§ 6.4. Appointment of members of boards and commissions.

The city council shall appoint the members of such boards and com-
missions as are provided for in this charter, unless otherwise provided.
The city council may appoint all such other boards and commissions as
may be deemed proper, and prescribe the powers and duties thereof.

§ 6.5. Filling of vacancies in offices.

Unless otherwise provided herein, vacancies in any offices provided
for in this charter shall be filled by the authority and in the manner
provided herein for the original appointment or election of such officers.

§ 6.6. Compensation.

Unless otherwise provided by law, the city council shall fix the com-
pensation of all city officers and employees.
§ 6.7. Oaths of office and official bonds.

Except as otherwise provided by general law or by this charter, all
elected or appointed officers of the city shall take the oath of office and
execute such bond as may be required by general law, by this charter,
or by ordinance or resolution of the city council and file the same with the
city clerk before entering upon the discharge of their duties. If the re-
quirements of this section have not been complied with by any officer
within thirty days after the term of office shall have begun or after his
appointment to fill a vacancy, then such office shall be considered vacant.

§ 6.8. Residence of city officers and officials.

Every officer appointed by the city council, except the city man-
ager, and every appointed member of any board or commission shall,
at the time of his appointment, be a qualified voter in the city. If any
such officer or appointee moves from the city, his office shall thereupon
be deemed vacant.

§ 6.9. Failure of Officers to perform duties.

If any officer of the city, whether elected by vote of the people or
appointed by the city council or the city manager, shall fail or refuse to
perform any of the duties required of him by this charter or by ordi-
nance or resolutions of the city council, he shall be fined not less than
five dollars nor more than one hundred dollars for each offense, and he
and his sureties on his official bond shall be liable for all damages which
may accrue to the city or any other person by reason of such failure or
refusal.

§ 6.10. Officers to hold over until their successors are appointed and

qualified.

Whenever, except as otherwise provided in this charter, any officer
of the city, judge or member of any board or commission is elected or
appointed for a fixed term, such officer, judge or member shall continue
to hold office until his successor is appointed and qualified.

§ 6.11. City clerk.

(a) The city clerk shall be the clerk of the city council, shall attend
all meetings thereof and shall keep a permanent record of its proceed-
ings. He shall keep all papers, documents and records pertaining to the
city of Salem, Virginia, the custody of which is not otherwise provided for.

(b) He shall be custodian of the city seal, shall affix it to all docu-
ments and instruments requiring the seal and shall attest the same. He
shall give to the proper department or officials ample notice of the ex-
piration or termination of any franchise, contract or agreement.

(c) He shall, upon final passage, transmit to the proper departments
or officials copies of all ordinances or resolutions of the city council re-
lating in any way to such departments or to the duties of such officials.

(d) He shall perform such other duties as are required by this
charter or by the city council by ordinance or resolution.

§ 6.12. City attorney.

(a) The city attorney shall have the management, charge and
entire control of all the legal affairs of the city and shall be the legal
advisor of, and the attorney and counsel for, the city and all its officers
in matters relating to their official duty. He shall give written opinions
to any officer or department or official board or commission of the city,
when requested to do so, and shall file a copy of the same with the city
clerk.

(b) He shall conduct for the city all cases in court whenever the
city is a party thereto, and upon request of the mayor or city manager,
he shall appear before the municipal court to represent the city for viola-
tions of city ordinances.

(c) He shall prepare or officially pass upon all contracts, bonds and
instruments in writing in which the city is concerned, and shall certify
before execution as to the legality and correctness thereof.

(d) He shall perform such other duties as may be prescribed by this
charter or by the city council.

Chapter 7.
Ordinances and Resolutions.

§ 7.1. Council to act only by ordinance or resolution; confinement to

one subject.

Except in dealing with parliamentary procedure, the city council
shall act only by ordinance or resolution, and with the exception of ordi-
nances making appropriations, authorizing the contracting of indebted-
ness or codifying ordinances, shall be confined to one general subject.

§ 7.2. Introduction; enacting clause of ordinances.

Each proposed ordinance or resolution shall be introduced in a written
or printed form. The enacting clause of all ordinances passed by the city
council shall substantially be: “Be it ordianed by the council of the city
of Salem, Virginia.”

§ 7.8. Procedure for adoption.

No ordinance, or resolution having the effect of an ordinance, or reso-
lution suspending an ordinance, unless it is an emergency measure, shall
be passed until it has been read at two meetings not less than five days
apart; provided, that the requirement of a second reading, by the affirm-
ative vote of three members of the city council, may be confined to the
reading of the title only. Any ordinance or resolution read at one such
meeting may be amended and passed as amended at the next such meet-
ing, provided the amendment does not materially change the purpose and
character of the proposed ordinance. The ayes and noes shall be taken
and recorded upon the final passage of all ordinances or resolutions and
entered upon the journal of the proceedings of the city council. Except
as otherwise provided in this charter, an affirmative vote of a majority
of the members elected to the city council shall be necessary to pass any
ordinance or resolution.

§ 7.4. When ordinances to take effect; emergency measures.

(a) No ordinance passed by the city council shall take effect until
at least ten days from the date of its-passage; except, that the city council
may, by the affirmative vote of three of its members, pass emergency
measures to take effect at the time indicated therein.

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or providing
for the immediate and necessary daily operation of a city department.
The fact that an emergency exists shall be stated in every such measure.
Ordinances appropriating money may be passed as emergency measures,
but no measure selling or conveying any real estate or making a grant,
renewal, extension of a franchise or other special privilege or regulating
the rate to be charged for its service by any public utility, shall be so
passed.

§ 7.5. Recordation and authentication.

Every ordinance or resolution having the effect of an ordinance, when
passed, shall be recorded by the city clerk in a book kept for that purpose
and shall be authenticated by the signature of the presiding officer and
the city clerk.

§ 7.6. Evidence of passage; use as evidence in courts.

A record or entry made by the city clerk, or a copy of such record
or entry duly certified by him, shall be prima facie evidence of the passage
of any ordinance or resolution, its due publication and the terms thereof. _

All ordinances and resolutions of the city council may be read in evl-
dence in all courts and in all other proceedings in which it may be neces-
sary to refer thereto, either from the original record thereof, from 4
copy thereof certified by the city clerk, or from any volume of ordinances
printed by authority of the city council.
Chapter 8.
Financial Provisions.

§ 8.1. Public works or improvements costing more than one thousand

dollars; contracts for more than five thousand dollars.

Any public work or improvement costing more than one thousand
dollars shall be executed by contract, except where a specific work of
improvement is authorized by the city council and directed to be done
by force account. Such work shall be based on detailed estimates sub-
mitted by the department authorized to execute such work or improve-
ment, and approved by the city manager. All contracts for more than
one thousand dollars shall be awarded to the lowest responsible bidder
in such manner and under such bond as may be prescribed by ordinance
and after the city manager shall have made due advertisement for such
time as the city council may prescribe, by newspapers or posted notices.
But the city manager shall have the power to reject any or all of the bids
and advertise again, and all advertisements shall contain a reservation of
this right.

In an emergency requiring immediate action, the city manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

§ 8.2. Bond issues generally.

(a) The city council may, in the name of and for the use of the city,
contract debts and make and issue. or cause to be made and issued, as
evidence thereof, bonds, notes or other obligations, upon the credit of ‘the
city or solely upon the credit of specific property owned by the city or
solely upon the credit or income derived from property used in connec-
tion with any public utility owned and operated by the city. But except
as provided in subsection (b) of this section, no debt shall hereafter
be contracted for a longer period than that of the probable life of the
work or object for which the debt is to be contracted, to be determined
by the director of public works and certified by him to the city council.
No public improvement shall be considered to have a probable life of
more than thirty years; except, that the probable life of public buildings
other than schools may be forty years, concrete bridges forty years and
parks or other real estate fifty years.

(b) Bonds issued for the refunding of previous issues shall in no
case be for a greater period of time than thirty years.

(c) The city may issue bonds, hereafter called “serial bonds,” pay-
able in annual installments, the fir st of which shall be payable at any
time the city council may prescribe in the ordinance authorizing the issue
of such bonds, and the last of which shall be payable within the period
of the probable life of the work or object for which the debt evidenced
bY such bonds was created, ascertained and certified as hereinabove pro-
vided.

(d) Pending the issuance and sale of any bonds, notes or other
obligations authorized by this section, or in anticipation of the receipt
of taxes and revenues of the current fiscal year, it shall be lawful for the
city to borrow money temporarily and to issue notes or other evidences
of indebtedness therefor, and from time to time to renew such temporary
loans, or to use current funds, to be ultimately repaid from the proceeds
of such bonds, notes or other obligations, or from the city taxes and
revenues, as the case may be; provided, that the proceeds of sale of bonds
shall not be used, except for the purposes set out in this subsection,
or for permanent improvements and utilities or refunding matured issues,
unless approved by vote of the people.

(e) The credit of the city shall not, directly or indirectly, under any
device or pretense whatsover, be granted to or in aid of any person,
association or corporation. The city council shall not issue any bonds,
notes or other obligations of the city, or increase the indebtedness thereof,
to an amount greater than eighteen percent of the assessed valuation
of the real estate in the city subject to taxation; provided, that in de-
termining the limitation of the power of the city to incur indebtedness,
there shall not be included the classes of indebtedness mentioned in sub-
sections (a) and (b) of Section 127 of the Constitution of Virginia.

(f) Bonds based solely upon the credit of specific property owned
by the city or solely upon the credit of income derived from property used
in connection with any public utility owned or operated by the city shall
be issued subject to this charter and any law applicable thereto. Any
specific undertaking from which the city may derive revenue may be
combined with any other undertaking from which the city may derive
revenue for the purpose of financing any of such undertakings and said
combined undertaking shall be a specific undertaking from which the city
may derive revenue.

(g) Every ordinance authorizing the issuance of bonds shall specify
the purpose or purposes for which they are to be issued, the aggregate
amount of the bonds, the term for which they shall be issued, and the
maximum rate of interest to be paid thereon. Any such ordinance may
be amended by ordinance at any time before the bonds to be affected by
such amendment have been sold. All other matters relating to such
bonds may be determined by resolution within the limitations prescribed
by such ordinances or by this charter.

(h) However, if there shall be omitted from this charter any pro-
vision essential to the valid authorization, sale, execution and issuance
of any of the bonds of the city, the provisions of the general law with
reference to similar bonds shall supply such omission.

(i) Any bonds issued by the city under this charter shall be signed
by the mayor and attested by the clerk under the seal of the city, and
shall be made payable at the office of the City Treasurer or such other
place, in or out of the state, as the city council may provide. Such bonds
shall be advertised by the city manager and sold by the City Treasurer,
under supervision of the mayor, city manager and city clerk, and the
sale reported to and approved by the city council, and the proceeds from
such sale shall be paid to the City Treasurer.

§ 8.8. Submission of budget; annual tax levy and appropriation

ordinance.

The city manager shall, not less than thirty days before the last
regular meeting of the city council in the month of May of each year,
submit to the city council for its information, a budget for the ensuing
fiscal year, and at the last regular meeting of the city council, in the
month of May of each year, the city council shall lay its levy on all prop-
erty, real and personal, subject to taxation for city purposes. The city
council shall, not later than July 1 following of each year, adopt its annual
budget and pass its annual appropriation ordinance.

§ 8.4. Preparation of budgets.

It shall be the duty of the head of each department, each board of
commission and each other office or agency supported in whole or in part
by the city, including the commissioner of revenue and the city sergeant,
to file with the city manager, at such time as the city manager may
prescribe, estimates of revenue and expenditure for that department,
board, commission, office or agency for the ensuing fiscal year.

§ 8.5. School budget.

It shall be the duty of the school board to file its budget estimates with
the city manager. The action of the city council on the school budget
shall relate to its total only, and the school board shall have authority
to expend in its discretion the sum appropriated for its use; provided,
that if it receives an appropriation greater or less than its original
request, it shall forthwith revise its estimates of expenditure and adopt
appropriations in accordance therewith. The school board shall have
power to order, during the course of the fiscal year, transfers from one
item of appropriation to another; provided, that nothing in this section
shall be construed to be in conflict with the provisions of the general law
of the Commonwealth.

§ 8.6. Disposition of unencumbered balance of appropriation; obliga-

tions to be in accordance with appropriation, ete.

At the close of each fiscal year, or upon the completion or abandon-
ment at any time within the year of any work, improvement or other
object for which a specific appropriation has been made, the unencum-
bered balance of such appropriation shall revert to the respective fund
from which it was appropriated, and shall be subject to further appro-
priation ; provided, that this does not prohibit the city council from
giving the city manager permission to authorize such transfer within
a department as may be necessary to meet unexpected obligations. No
obligations shall be incurred by an officer or employee of the city, except
in accordance with the provisions of the appropriation made by the city
council or under continuing contracts and loans authorized under the
provisions of this charter.

§ 8.7. Certification of availability of funds as prerequisite to expend-

ature of money.

No contract, agreement or other obligation involving the expenditure
of money shall be entered into, nor shall any ordinance, resolution or order
for the expenditure of money be passed by the city council or be author=
ized by an officer of the city unless the City Treasurer shall first certify
to the city council or to the proper officer, as the case may be, that the
money required for such contract, agreement, obligation or expenditure
is in the treasury or safely assured to be forthcoming and available in
time to comply with or meet such contract, agreement, obligation or
expenditure. No contract, agreement or other obligation involving the
expenditure of money payable from the proceeds of bonds of the city
shall be entered into until the issuance and sale of such bonds have been
duly authorized in accordance with the provisions of this charter in
reference to city bonds.

§ 8.8. Contingent fund.

Provision shall be made in the annual budget and annual appropria-
tion ordinance for a reasonable contingent fund for use in any of the
affairs of the city. Such contingent fund shall be under the joint con-
trol of the city manager and the city council.

§ 8.9. Audit of accounts upon death, etc., of officer; annual audit.

Upon the death, resignation, removal or expiration of the term of
any officer of the city, the city manager shall order an audit and investi-
gation to be made of the accounts of such officer and report to the city
council.

As soon as practicable after the close of each fiscal year, an annual
audit shall be made of all accounts of all city officers. Such audit shall
be made by qualified public accountants, selected by the city council,
who have no personal interest, direct or indirect, in the financial affairs
of the city or any of its officers or employees. The city council may at
any time provide for an examination or audit of the accounts of any
officer or department of the city government.

Chapter 9.
Public Property and Franchises.
§ 9.1. Transfer of franchises.
No public utility franchise granted by the city shall be transferable
except with the approval of the city council expressed by ordinance.
Copies of all authorized transfers and mortgages or other documents
affecting the title or use of any such public utility shall be filed with the
city clerk within ten days after the execution and delivery thereof.

§ 9.2. Rights reserved to city in grant of franchises.

All grants, renewals, extensions or amendments of public utility fran-
chises, whether so provided in the ordinance or not, shall be subject to
the right of the city:

(a) To repeal the same by ordinance at any time for misuse or
nonuse or for failure to begin construction within the time prescribed,
or otherwise to comply with the terms prescribed.

(b) To require proper and adequate extensions of plant and serv-
ices and the maintenance of the plant and fixtures at the highest practical
standard of efficiency.

(c) To establish reasonable rates and standards of service and qual-
ity of products and prevent unjust discrimination in service or rates.

(d) To prescribe the form of accounts and at any time to examine
and audit the accounts and other records of such utility, and to require
annual and other reports by such public utility; provided, that if forms
of account shall have been prescribed by the State Corporation Commis-
sion for public utilities throughout the State, the forms so prescribed
shall be controlling so far as they go, but the city council may prescribe
more detailed forms for the utilities within its jurisdiction.

(e) To impose such other regulations as may be conducive to the
safety, welfare and convenience of the public.

§ 9.3. Extensions of public utilities.

All extensions of public utilities within the city shall become a part
of the aggregate property of such public utility, shall be operated as such
and shall be subjected to all the obligations and reserved rights con-
tained in this charter and in any original grant hereafter made. The
right to use and maintain such extension shall terminate with the original
grant.

§ 9.4. Applicability of state law; conflicts with jurisdiction of State

Corporation Commission.

If there shall be omitted from this charter any provision essential
to the valid sale or granting, renewing, extending or amending of any
franchise. privilege, lease or right of any kind to use any public property
in the city, the provisions of the general law with reference to this
subject shall supply such omissions; provided, that nothing contained in
this charter shall affect any franchise heretofore granted or any contract
heretofore made with a public utility corporation, nor shall anything
contained in this charter be construed to conflict with the jurisdiction
of the State Corporation Commission.

Chapter 10.
Courts and Administration of Justice.

§ 10.1. Municipal court—Created: name.

There is hereby created a municipal court for the city, which court
shall be known as the Municipal Court of Salem.

§ 10.2. Same—Jurisdiction.

Jurisdiction of the municipal court in civil matters shall be as pro-
vided in § 16.1-77 of the Code of Virginia, and in criminal matters as
provided in § 16.1-124 of the Code of Virginia.

§ 10.8. Same—Judge; substitute judge.

The judge of the municipal court shall be appointed by the court to
which appeals from the municipal court are taken. Such court may also
appoint a substitute, or associate, judge to serve during the absence or
inability to act of the judge of the municipal court. He shall take the
oath prescribed by law and give such bond as the city council may require:
§ 10.4. Same—Compensation of municipal judge.

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

§ 10.5. Same—Record of fees, fines, forfeitures and costs.

The municipal judge shall keep a regular account of all fees, fines,
forfeitures and costs imposed or arising in the administration of his
office in criminal matters, which he shall report to the director of finance
at such intervals and in such form as the city council may require. The
municipal judge, the clerk of the municipal court or such other person as
the city council may designate for that purpose, shall collect all fines,
forfeitures and costs imposed in the municipal court and report to the
director of finance monthly such as have accrued to the city, and pay
the same to the city treasurer not later than the fifth day of the next
succeeding month in which collected, and shall segregate and transmit
to a State Treasurer all fines and forfeitures accruing to the Common-
weaitn.

§ 10.6. Judge of Juvenile and Domestic Relations Court; sub-

stitute judge.

The judge of the Juvenile and Domestic Relations Court shall be ap-
pointed by the court to which appeals from the Juvenile and Domestic
Relations Court are taken. He shall have and possess all the authority
and jurisdiction given judges of juvenile and domestic relations courts
by general law. The city council may provide that the municipal judge
or the substitute, or associate, municipal judge also be the judge of the
Juvenile and Domestic Relations Court. The judge of the Juvenile and
Domestic Relations Court shall receive such compensation as the city
council may by ordinance or resolution prescribe. He shall take the oath
prescribed by law and give such bond as the city council may require.
A substitute, or associate judge or judges may also be appointed in the
same manner as is the judge of the Juvenile and Domestic Relations Court.

$ 10.7. Justices of the peace.

The city council shall appoint such number of justices of the peace
as they deem necessary for such term as it shall deem proper. The justices
of the peace shall be conservators of the peace, and shall have the power
and authority to set and accept bonds, issue warrants and summon wit-
nesses involving violations of city ordinances, but all such warrants
and process shall be returnable before the municipal court. The compen-
sation of such justices of the peace shall be the fees which are fixed by
general laws of the Commonwealth of Virginia for such justices.

§ 10.8. Disposition of papers in civil matters in municipal court.

All papers connected with anv civil action or proceeding in the
municipal court, except those in actions or proceedings (1) in which no
service of process is had, (2) which are removed or appealed, and (3)
jn which the papers are required by law to be sooner returned to the
clerk’s office of a court of record, shall be filed, indexed and preserved
as records of the municipal court.

Chapter 11.
Public Education.

§ 11.1. School district.

The city of Salem shall constitute a separate school district.

§ 11.2. School board—Composition; appointment and term of office

of members.

The school board of the city shall consist of three members, who
shall be appointed by the city council. Of the members first appointed,
one shall serve a term expiring at midnight, December 31, 1968, one
shall serve a term expiring at midnight, December 31, 1969, and one shall
serve a term expiring at midnight, December 31, 1970. Upon the ex-
piration of each term of office provided above, their successors shall be
appointed for a term of three years. The city council shall specify which
of the original appointees shall serve for terms of one, two and three
years, respectively.

§ 11.8. Same—Powers.

Except as otherwise provided in this charter, the school board shall
have all the powers and duties relating to the management and control
of the public schools of the city provided by the general laws of the
Commonwealth, including the right of eminent domain within and without
the city. None of the prov'sions of this charter shall be interpreted to
refer to or include the school board unless the intention to do so is
expressly stated or is clearly apparent from the context.

§ 11.4. Same—Contracts with other school boards.

The school board. by and with the consent of the city council, shall
have the right to contract with the school boards of other political sub-
divisions of the Commonwealth to provide for the education of city chil-
dren upon such terms and conditions as the respective school boards may
agree, provided the same do not conflict with the Constitution of Virginia.

§ 11.5. Same—Control and title to property.

All recreation facilities and grounds located on pronerty owned by
the school board shall be under the exclusive control and supervision of
the school board. The title to property and buildings devoted to public
school purposes shall be in the school board.

§ 11.6. Same—Borrowing.

The school board may borrow. subiect to the approval of the city
council, from the Literarv Fund of Virginia or from such other sources
as may be available to it by general law.

§ 11.7. Definitions.

The terms “member of the school board” and “school board” shall have
the same meaning as “school trustee” and “school trustees” as used in
the Code of Virginia. The term “board” or “boards” as used in this
charter, shall not include the school board unless the school board is
specifically named.

Chanter 12.
Miscellaneous Provisions.

§ 12.1. Investigations as to city affairs.

The citv council. the city manager and anv officer, board or commis-
sion authorized by them or either of them, shall have power to make
investigation as to citv affairs, and for that purnose to subnoena witnesses,
administer oaths, and compel the production of books and paper's.

- Any person refusing or failing to attend, testify or produce such
books and paners may, by summons issued by such board or officer, be
summoned before the municipal court by the board or official making such
investigation. and upon failure to sive satisfactory explanation of such
failure or refusal, may be fined by the municinal court not exceeding one
hundred dollars or imprisoned not exceeding thirty davs. and such person
shall have the right to appeal to the Circuit Court of Salem. Any person
who shall give false testimony under oath at any such investigation shall
be liable to prosecution for perjury.

§ 12.2. Who may administer oaths, etc.

The commissioner of the revenue, city clerk, city treasurer and city
manager shall have power to administer oaths and to take and sign
affidavits in the discharge of their respective official duties.

§ 12.8. Certain permits from council or manager involving variations

from ordinances to be revocable.

Every permit given or authorized by the city council or city man-
ager to vary from the ordinances of the city establishing fire limits and
providing for the character of materials which may be used in the con-
struction of buildings within such fire limits, and every permit author-
izing a variance from the ordinances of the city relating to obstruction
in, over and under, or encroachments on the streets, alleys, parks and
other public grounds and property of the city and every permit author-
izing a variance from any other ordinance of the city, shall be deemed to
be a license and not a franchise or grant, and shall be revocable at the
will of the city council.

§ 12.4. Actions against city for damages, etc.

(a) No action shall be maintained against the city for damages
for any injury to any person or property alleged to have been sustained
by reason of the negligence of the city, or any officer, agent or employee
thereof, unless a written statement, verified by oath of the claimant,
his agent or attorney, or the personal representative of any decedent
whose death is a result of the alleged negligence of the city, its officers,
agents, or employees of the nature of the claim and the time and place
at which the injury is alleged to have occurred, or to have been received,
shall have been filed with the mayor or an attorney appointed by the
city council for this purpose, and the city is hereby authorized to ap-
point such an attorney, within sixty days after such cause of action shall
have accrued. Where the claimant is an infant or non compos mentis,
or the iniured party dies within such sixty days, such statement may
be filed within one hundred twenty days. No officers, agents or employees
of the city shall have authority to waive such conditions precedent or
any of them.

(b) In any action against the city to recover damages against it
for any negligence in the construction or maintenance of its streets,
alleys, lanes, parks, public places, sewers, reservoirs or water mains,
where any person or corporation is liable with the city for such neg-
ligence, every such person or corporation shall be joined as defendant
with the city in such action brought to recover damages for such neg-
ligence, and where there is a judgment or verdict against the city, as
well as the other defendant, it shall be ascertained by the court or jury
which of the defendants is primarily liable for the damages assessed.

(c) If it is ascertained by the judgment of the court that some
person or corporation other than the city is primarily liable, there shall
be a stay of execution against the city until execution against such
person or persons or corporation or corporations shall have been returned
without realizing the full amount of such judgment.

(d) If the city when not primarily hable, shall pay such judgment,
in whole or in part, the plaintiff shall, to the extent that such judgment
is paid by the city assign the judgment to the city, without recourse on
the plaintiff, and the city shall be entitled to have execution issued for
its benefit against the other defendant or defendants who have been
ascertained to be primarily liable, or may institute any suit to enforce
such judgment, or an action at law, or scire facias to revive such judg-
ment.

{e) No order shall be entered or made, and no injunction shall be
awarded by any court or judge to stay proceedings of the city in the
prosecution of their works, unless it is manifest that they, their officers,
agents or servants are transcending the authority given them in this
charter, and that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

(f) The city council is authorized and empowered to compromise
any claim for damages or any suit or action brought against the city.
§ 12.5. Delivery of property, books, etc., to successor in office or city

clerk.

Any person holding a city office and vacating the same on account
of removal or otherwise shall deliver over to his successor in office, or
to the city clerk, all property and books and papers belonging to the
city or appertaining to such office which may be in his possession or
under his control, and in case of his failure to do so within ten days
after he shall have vacated the office, or within such time thereafter as
the city council shall elect, and upon due notification or request of the
city clerk, he shall forfeit and pay to the city a sum not in excess of five
hundred dollars, to be sued for and recovered with costs, and all books,
records and documents used in such office by virtue of any provisions
of this act or of any ordinance or resolution of the city council, or by
order of any superior officer of the city, shall be deemed the property
of the city as appertaining to such office, and the incumbent of such
office and his sureties on his bond shall be responsible therefor.

§ 12.6. Settlement of controversies among city officers.

In the event the city manager or other officer elected by the city
council, in the administration of their respective duties, shall disagree
or have any controversy with any of the officers of the city elected by
the voters, such matter in dispute or controversy shall be referred to
the city council for review and decision.

§ 12.7. Code references.

All references in this charter to the Code of Virginia are to the
Code of Virginia of 1950, as amended.

§ 12.8. Continuation of officers and boards.

The present members of the city council and all other city officials
and board and commission members shall continue to hold office until
their successors shall have been elected or appointed and shall have quali-
fied as provided by this charter. Any member of the city council shall
be eligible for reelection.

§ 12.9. Ordinances, resolutions, rules and regulations continued

in effect.

All ordinances and resolutions of the city and the former town of
Salem and all rules, regulations and orders legally made by any depart-
ment, board, commission or officer of the city or of the former town of
Salem, 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 in accordance with the provisions of this charter.

§ 12.10. Variation and ratification of bonds, taxes and contracts.

All bonds issued and sold, all contracts, agreements and obligations
made at any time prior to the enactment of this charter or any amendment
thereto by the council and government of the city and the former town of
Salem, not inconsistent with the Constitution of Virginia and general law,
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 that of a city of the second
class to the effective date of this charter and its amendments, are hereby
validated, ratified and confirmed; and all proceedings authorizing the issu-
ance of bonds, notes or other obligations of the city of Salem heretofore
had are hereby validated, ratified and confirmed and shall not lapse or ter-
minate or be otherwise affected by reason of any of the provisions contained
in this charter, and such bonds, notes or other obligations may be author-
ized, sold or issued in accordance with the provisions of law in force prior
to the effective date of this charter as amended, or in accordance with the
provisions of this charter.

§ 12.11. Original appointment of certain officers.

Upon this charter becoming effective, the judge of the 20th Judicial
Circuit shall pass an order entered in term time or vacation, appointing a
circuit court clerk, a city sergeant, a Commonwealth’s attorney, a com-
missioner of the revenue and a city treasurer for the city, whose terms
of office shall extend until the next regular general election for such
officers, for respective offices of circuit court clerk, city sergeant, Common-
wealth’s attorney, commissioner of the revenue or city treasurer, as the
case may be. The clerk of the circuit court, city sergeant, Commonwealth’s
attorney, commissioner of the revenue and city treasurer shall assume
their respective duties and take the oath of office prior to the first day of
the next succeeding term of court.

§ 12.12. Severance clause.

If any clause, sentence, paragraph or part of this charter shall, for
any reason, be adjudged by any court of competent jurisdiction to be invalid,
such judgment, order or decree shall not affect, impair or invalidate the
remainder of this charter, but shall be confined in its operation to the
clause, paragraph or part thereof directly involved in the controversy in
which such judgment, order or decree shall have been rendered.

2. Chapter 288 of the Acts of Assembly of 1924, approved March 20,
1924, as amended, is repealed.
3. An emergency exists and this act is in force from its passage.