CHAPTER 474

An Act to amend and reenact §§ 8.1, 4.8, 4.4 as amended, 4.5, 6.16 as
amended, 7.4, 7.8, 10.5, 19.4, 20.2, and 20.80 as amended, of Chapter
218 of the Acts of Assembly of 1960, approved March 9, 1960, which
provided a new charter for the city of Colonial Heights, the sections

. relating, respectively, to election of council; office of mayor; office of
city clerk, induction of members of council; school budget; notes in
anticipation of bonds and revenue; procedure for sale of bonds and
notes; qualification and appointment of city attorney; collection of
costs and fees in civil and criminal matters; composition of school
board ; and office of city sergeant. |

fH 462]

Approved April 2, 1968

Be it enacted by the Genera! Assembly of Virginia:

1. That §§ 3.1, 4.8, 4.4 as amended, 4.5, 6.16 as amended, 7.4, 7.8, 10.5,
19.4, 20.2 and 20.30 as amended, of Chapter 213 of the Acts of Assembly of
1960, approved March 9, 1960, be amended and reenacted as follows:

§ 8.1. Election and Composition of Councilmen.

The council shall consist of seven members, who shall be elected by
the qualified voters of the city on a general ticket at large, and shall serve
for a term of four years from the first day of * July next following the date
of their election and until their successors shall have been duly elected and
qualified, provided, that the members of the council in office at the effective
date of this act are hereby continued in office for the terms for which they
were elected. On the second Tuesday in June, * 1968, and on the second
Tuesday in June in every fourth year thereafter there shall be held a
general city election at which shall be elected by the qualified voters of the
city * at large four members of the council for terms of four years from
the first day of July following their election, provided, that the members of
council elected on the second Tuesday in June, 1968, shall not take office
until the first day of September, 1968, and that the terms of such members
thereof shail end on the first day of July, 1972. On the second Tuesday in
June, * 1970, and on the second Tuesday in June in every fourth year
thereafter there shall be held a general city election at which shall be
elected by the qualified voters of the city at large three members of the
council for terms of four years from the first day of July following thetr
election, provided, that the members of council elected on the second Tues-
day in June, 1970, shall not take office until the first day of September,
1970, and that the terms of such members thereof shall end on the first
day of July, 1974. The council shall be a continuing body, and no measure
pending before such body shall abate or be discontinued by reason of the
expiration of the term of office or removal of the members of said body or
any of them. The council may punish its members for misconduct and may
compel the attendance of members in such manner and under such penal-
ties as may be prescribed by ordinance. A majority of all the members of
the council shall constitute a quorum to do business, but a smaller number
May adjourn from time to time.

§ 4.8. Mayor.

On the first day in September, * 1968, on the first day of September,
* 1970, on the first day of July, 1972, and on the first day of July of every
second year thereafter, or if such day shall fall on Sunday or a holiday
then on the following day, the newly elected council, having taken the oath
of office as hereinafter provided, shall proceed to choose by majority vote
of all the members thereof one of their number to be mayor and one to be
vice mayor for the ensuing two years. The mayor shall preside over the
meetings of the council and shall have the same right to vote and speak
therein in all proceedings as other members, but no veto. He shall be
recognized as the head of the city government for all ceremonial purposes,
the purposes of military law and the service of civil process. The vice
mayor shall in the absence or disability of the mayor, perform the duties of
mayor, and if a vacancy shall occur in the office of mayor shall become
mayor for the unexpired portion of the term. In the absence or disability
of both the mayor and vice mayor, the council shall, by majority vote of
those present, choose one of their number to perform the duties of mayor.
The mayor, in addition to his salary as a Councilman, may receive a salary
up to an additional salary of $50.00 per month.

§ 4.4. City Clerk.

On the first day of September, nineteen hundred * sixty-nine, and on the
first day of September of every second year thereafter, or if such day shall
fall on Sunday or a holiday then on the following day, the city council shall
appoint a city clerk for * a term of two years. He shall be the clerk of the
council, shall keep the journal of its proceedings and shall record all ordi-
nances, * resolutions, and minutes, in separate books provided by council
for the purpose. He shall be the custodian of the corporate seal of the city
and shall be the officer authorized to use and authenticate it. All records in
his office shall be public records and open to inspection at any time during
regular business hours. He shall receive compensation to be fixed by the
council. He shall appoint and remove, subject to the provisions of Chapter
9 of this charter, an assistant city clerk who shall be authorized to act as
city clerk in the absence or disability of the city clerk, and all deputies and
other employees in his office, and shall have such other powers and duties
as may be prescribed by this charter or by ordinance. He shall upon final
passage, transmit to the proper departments or officials, copies of all ordi-
nances or resolutions that may affect or relate to them or their respective
departments. The city clerk shall within ten days after the results of the
regular city election of councilmen have been declared, send a written
notice by mail to each councilman who has been declared elected, which
notice shall specify the office to which such person has been elected, the
term of the office, procedures and requirements of qualification, and he
shall require such councilman to appear and qualify as provided by law.
The city clerk shall also send a notice by mail to any person elected or
appointed by city council within ten days after such election or appoint-
ment, which notice shall specify the office to which such person has been
elected or appointed, the term of office, procedures and requirements of
qualification and he shall require such person to appear and qualify as
provided by law.

§ 4.5. Induction of Members.

The first meeting of a newly elected council shall take place in the council
chamber in the city hall at eight o’clock P.M. on the first day of * July
following their election, or if such day shall fall on Sunday or a holiday,
then on the following day, provided, that the council elected under this
charter on the second Tuesday in June, 1968, and on the second Tuesday in
June, 1970, shall hold its first meeting on the first day of September follow-
ing their election, or if such day shall fall on Sunday or a holiday, then on
the following day. It shall be called to order by the city clerk who shall
administer the oath of office to the duly elected members. In the absence
of the city clerk the meeting may be called to order and the oath admin-
istered by any judicial officer having jurisdiction in the city. The council
shall be the judge of the election and qualifications of its members, but the
decision of the council in this matter shall be subject to review by the judge
of the court of record having jurisdiction in the city of Colonial Heights.
The first business of the council shall be the election of a mayor and vice
mayor and the adoption of rules of procedure. Until this business has been
completed the council shall not adjourn for a period longer than forty-eight

ours.

§ 6.16. School Budget.

It shall be the duty of the school board to file its budget estimates
with the city manager at the same time as other departments and in the
form prescribed by the city manager. The action of the city manager and
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
before the beginning of the fiscal year file with the city manager its budget
as finally revised and its appropriations based on said revised budget, which
need not be itemized further than by operating units and principal objects
of expenditure. They shall have power to order during the course of the
fiscal year transfers from one item of appropriation to another, notice of
which shall be immediately transmitted to the city manager. The school
board, notwithstanding the provisions contained in § 6.9 of this charter,
may hold a public hearing on the school board budget at any time after the
school board has filed its budget estimates with the city manager and prior
to the adoption of the general fund budget of the city by council.

§ 7.4. Notes in Anticipation of Bonds and Revenue.

Whenever an issue of bonds for any capital improvement project has
been authorized as hereinafter provided, the director of finance, when
authorized by ordinance, shall have power to issue notes of the city in
anticipation of such bonds, for the purpose of defraying the whole or any
part of the cost of such project. Such notes in anticipation of bonds shall
be authenticated by the signature of the director of finance and shall
mature not later than * five years after the date of issue. They shall be
paid at maturity from the proceeds of the sale of the bonds in anticipation
of which they have been issued; provided, however, the city may in its dis-
cretion, retire any such loans by means of current revenues, special assess-
ments, or other funds, in lieu of retiring them by means of bonds. Notes in
anticipation of revenues shall be authorized by the council by ordinance.
They shall be authenticated by the signature of the director of finance and
shall mature not later than twelve months after the date of issue. If not
paid at maturity, the amount of such unpaid notes shall be included as an
appropriation in the general fund budget for the ensuing fiscal year.
§ 7.8. Procedure for Sale of Bonds and Notes.

All bonds issued under this charter * may be sold either at public or
private sale. All bonds sold at public sale shall be sold upon sealed pro-
posals after at least ten days’ notice published at least once in a publication
carrying municipal bond notices and devoted primarily to financial news
or to the subject of state and municipal bonds, published in the city of
New York, New York, and at least ten days’ notice published at least once
in a daily newspaper of general circulation or published in the city of
Colonial Heights. The terms of the sale of bonds shall be approved by the
council by resolution. Notes in anticipation of bonds, in anticipation of
revenue, or to provide for emergency expenditures, when authorized by the
council, may be sold by the director of finance, with the approval of the
city manager, at private sale without prior public offering.

In the event bonds issued under this charter are sold at public sale
the council may waive all technicalities existing in sealed proposals and
accept the low bid or the council may reject all bids and negotiate the sale
of such bonds to the low bidder.

§ 10.5. Qualifications and Appointment.

On the first day of September, * 1969, and on the first day of Sep-
tember of every third year thereafter or if such day shall fall on Sunday
or a holiday then on the following day, the city council shall elect a city
attorney for a term of three years. He shall be an attorney at law licensed
to practice under the laws of the Commonwealth and shal] have actively
practiced his profession therein for at least five years immediately pre-
ceding his appointment. In addition to the other powers conferred upon
the city by general law, the city council shall have the power to elect or
appoint by resolution adopted by not less than five affirmative votes a city
attorney who shall not be required to reside in or be a resident of the city
at the time of his election or appointment or during the term of his office for
which he was elected or appointed.

§ 19.4. Collection of Costs and Fees. ;

(1) The said Municipal Judge, Juvenile and Domestic Relations
Judge or clerks of courts not of record, or justices of the peace, as the case
may be, shall cause to be collected such costs and fees required by law to be
paid to him in civil and criminal matters; the amount of such costs and fees
shall be as provided in Title 14 of the Code of Virginia and by general
law, * which fees and arrest and attendance fees shall be collected and paid
into the city treasury and all fines collected shall be accounted for accord-
ing to general law and city ordinances and paid into the treasury of the
said city or to the State, whichever may be entitled thereto.

(2) Notwithstanding the provisions of § 19.11 and notunthstanding
any other provision of this charter to the contrary, a justice of the peace
shall charge and collect for services rendered by him in all city criminal
matters where a fee is not collected from the defendant. or other person for
him, a fee of one dollar for issuing a warrant of arrest, a search warrant,
or a warrant for the violation of a city ordinance and the Clerk of the Cir-
cuit Court of the City of Colonial Heights shall receive a fee of twenty-five
cents for filing and indexing such warrants in all city criminal matters
where a fee is not collected from the defendant, or other person for him.
The fees provided for in this subsection shall be paid out of the city treasury
in such manner, at such times, and upon such conditions as provided by
ordinance adopted by city council.

§ 20.2 School Board.

The school board shall consist of five trustees who shall be qualified
voters of the city. The trustees in office at the effective date of this charter
are hereby continued in office for the term for which they were elected.

On the third Tuesday in June, 1960, and every three years thereafter,
the council shall elect two trustees for a term of three years from the first
day of July following their election and on the third Tuesday in June, 1961,
and every three years thereafter the council shall elect two trustees for a
term of three years from the first day of July following their election. On
the third Tuesday in * June 1962 and every three years thereafter, the
council shall elect one trustee for a term of three years from the first day of
July following his election. Within thirty days after the effective date of
this charter, the present city council shall elect one trustee to serve until
June 80, 1961, or until his successor shall take office. Except as provided
in this charter the school board shall have all the powers and auties re-
lating to the management and control of the public schools of the city pro-
vided by the general laws of the Commonwealth, including right of
eminent domain within and without the city. None of the provisions of
this charter shall be interpreted to refer to or include the school board un-
less the intention so to do is expressly stated or is clearly apparent from the
context.

The salary of school board trustees and clerk of the school board shall
be as determined by ordinance adopted by the city council.

In addition to the authority conferred upon the city by Chapter 7, the
school board may borrow from the Literary Fund of Virginia or from such
other sources as may be made available to it by general law.

§ 20.30. City Sergeant.

There shall be one city sergeant who shall attend the terms of the
Circuit Court of the City of Colonial Heights and shall act as an officer of
the said court, and shall perform such other duties as may be prescribed by
general law for cities of the first class, and shall receive such compen-
sation allowed by general law to city sergeants. He shall perform such
other duties as may be prescribed and ordained by the city council. The
city sergeant, with approval of the judge of the circuit court of said city,
may appoint a part-time deputy. :

The city sergeant’s bond shall be as determined by general law.

The city council may in its discretion allow additional compensation
or salary to the city sergeant.

The City Sergeant of the City of Colonial Heights shall also be known
as the Sheriff of the City of Colonial Heights and in addition to his powers
and duties as city sergeant he shall exercise the same powers, perform the
same duties, and be subject to the same penalties that a sheriff of a county
exercises, performs and is entitled or subject to in a county, provided he
shall be entitled to no additional compensation, fees, or allowances as
Sheriff of the City of Colonial Heights and shall not be required to post
any additional bond unless the senior judge of the Circuit Court of the City
of Colonial Heights shall by order require him to post an additional bond.
2. Anemergency exists and this act is in force from its passage.