CHAPTER 78

An Act to provide a new charter for the city of Emporia and to repeal
Chapter 590 of the Acts of Assembly of 1952, approved April 8, 1952,
as amended, which provided a new charter for the town of Emporia.

[H 154]
Approved February 28, 1968

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 Emporia 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 Emporia 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 annexation orders and contraction of corporate limits,
recorded in the office of the Clerk of the Circuit Court of Greensville
County, Virginia, in Common Law Order Book 11, at page 330, Common
Law Order Book 138, at page 325, and Common Law Order Book 14, at
page 444, and Common Law Order Book 15, at page 184.
§ (3) 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, 1968, 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 specifi-
cally conferred upon the city of Emporia, and no enumeration of par-
ticular 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, local general retail sales and use tax as provided
by law 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 callings 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.

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

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 city. He shall receive such annual com-
pensation as may be fixed by the council in accordance with the laws of

@ @.

§ (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 authority 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 all
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.

8 (6) President of Council. The council of the city of Emporia,
at its first meeting after their election, shall elect from its membership one
of its members as President of Council who shall in the absence or inability
of the mayor to act, have all the powers and duties of the mayor, and shall
perform all of his functions.

At the first meeting of each new and succeeding council elected here-
under, such President of Council shall be elected.

§ (7) Mayor and Council. In addition to a mayor, the city of
Emporia shall be governed by a City Council which shall be composed of
nine (9) 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 (30) 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 President
of the council, one of the other councilmen selected by a majority vote of
the council shall have all of the powers heretofore conferred upon the
mayor and President of the council.

The council shall have the right to fix salaries for the members
thereof, and the same shall 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 until their successors have been elected and
qualified.

At the regular municipal election to be held on the second Tuesday
in June, 1968, a mayor and nine (9) councilmen shall be elected. The
mayor shall be elected for a term of four (4) years. The four (4) council
members receiving the greatest number of votes in said election shall
serve as members of the council for terms of four (4) years, each. The
remaining five (5) members shall serve for terms of two (2) years each.
At the regular municipal election to be held on the second Tuesday in
June, 1970, and every two (2) years thereafter, councilmen shall be
elected for terms of four (4) years each. Terms of office for the mayor
and councilmen shall begin on the first day of July next following their
election. Each councilman and the mayor elected as hereinabove provided
shall serve for the term stated or until his successor has been elected.

§ (9) Powers of council. All powers of the city of Emporia as a
body politic and corporate shall be vested in the city council.

The council shall be the policy determining body of the city and
shall be vested with all the rights and powers conferred on councils in
cities, not inconsistent with this charter. In addition to the foregoing,
the council shall have the following powers:

(a) To have full power to inquire into the official conduct of any
office or officer under its control and to investigate the accounts, receipts,
disbursements, and expenses of any city employee; for these purposes it
may subpoena witnesses, administer oaths and require the production of
books, papers, and other evidence; and in case any witness fails or re-
fuses to obey any such lawful order of the council, he shall be deemed
guilty of a misdemeanor.

(b) To provide for the performance of all the governmental func-
tions of the city; and to that end to provide for and set up all depart-
ments and agencies of government that shall be necessary. Whenever
it is not designated in this charter what officer or employee of the city
shall exercise any power or perform any duty conferred upon or required
of the city or any officer thereof, by general law, then any such power
shall be exercised or duty performed by that officer or employee of the
city so designated by ordinance or resolution of the council. Any activity
which is not assigned by the provisions of this charter to specific depart-
ments or agencies of the city government shall be assigned by the council
to the appropriate department or agency. The council may further create,
abolish, reassign, transfer or combine any city functions, activities, or
departments.

(c) The council shall fix a schedule of compensation for all city
officers and employees. The council may by ordinance define certain
classes of city employees whose salaries shall be set by the city manager,
except that this provision shall not apply to the constitutional officers,
the heads of city departments, and judges.

(d) To prescribe the amount and condition of surety bonds to be
ee of such officers and employees of the city as the council may

esignate.

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
fill 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 members, punish its members for disorderly
behavior, and by a vote of two-thirds of its members, may expel a member
for malfeasance or misfeasance 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. Five (5) members of the council shall constitute
@ quorum for the transaction of business; but no ordinance or resolution
shall be adopted, having for its object the levying of taxes or the appro-
priating 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
President of the council, the members of the council present shall select
one of their body to preside over the meeting. The mayor shall not be
entitled to vote except on 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 July follow-
ing the regular municipal election, the council shall meet in the council
chambers at 7:30 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 twelve (12) 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 and the further consideration of matters
pending before the council and 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

§ (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 council of the city of Emporia,
Virginia.” Except as otherwise provided in this charter, an affirmative
vote of a majority in 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 ordi-
nance or resolution having the effect of an ordinance when enacted by
the council shall be recorded and indexed by the clerk of the council in a
book kept for that purpose, and shall be authenticated by the signature of
the presiding officer and the clerk of the council. ;

§ (21) Publication of ordinances. Every ordinance involving a
penalty for its violation shall be published one time, immediately following
its passage, in some newspaper published in the city, or posted at three
or more public places in the city for one week.

This section shall not be construed to require the publication or
posting of any revision or codification of the ordinances of the city. It
shall be sufficient, in the case of any such revision or codification of the
city ordinances and any new material or ordinances included therein, to
publish or post the adopting ordinance as required herein.

§ (22) Final passage of ordinance on day of presentation and first
reading. When it is proposed to place an ordinance on its final passage on
the same day on which it was first presented and read, and objection
is made to so doing, the ayes and noes shall be ordered on the question
of so doing. In such case the ordinance shall not be placed upon its final
passage at that meeting, except by the concurrence of two-thirds of the

members present.
THE CITY MANAGER

§ (22a) Appointment. There shall be a city manager who shall be
responsible to the council for the proper administration of the city gov-
ernment. He shall be chosen by the council without regard to his political
beliefs and solely upon the basis of his executive and administrative quali-
fications. He shall be appointed 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 control over all administrative de-
partments 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 ko
may deem necessary or desirable.

(5) To execute 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 all 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 a vacancy, the council may designate some
properly qualified person to perform 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 the council shall deal with
the administrative service solely through the city manager and neither
the council nor any member thereof shall give orders to any subordinates
of the city manager, either publicly or privately.

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

rm.

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 pre-
pare 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 indebtedness 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 Consti-
tution 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.

§ (31) 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 council. 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 and shall hold office at the pleasure of the council and he shall
receive such compensation as council may determine. He shall be an attor-
ney 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 man-
ager, 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

§ (33) Municipal Court Judge and Qualifications. There shall be
within the city of Emporia a municipal court which shall have jurisdic-
a and other judicial powers as are conferred on such courts by general
aw.

There shall be a judge of the municipal court of the city of Emporia
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 unex-
pired term. The municipal court judge, associate or substitute judge shall
be an attorney at law qualified and authorized to practice in this State.

The judge, associate and substitute judges of Greensville County Court
may be appointed as judge, associate or substitute judge of the Municipal
Court of the city of Emporia.

§ (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.

§ (85) Juvenile and domestic relations court. The municipal judge,
associate and substitute judge, at the time of his appointment and during
his term of office, may also serve as judge, associate or substitute judge
of the juvenile and domestic relations court. The council may appoint a
judge of the juvenile and domestic relations court of the city of Emporia
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 juris-
diction and other judicial authority as is conferred on juvenile and domes-
tic 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.

§ (87) 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 hereafter be conferred or imposed upon
clerks by the laws of the State in civil and criminal matters including
violations of city ordinances.

The clerk and deputy clerk of Greensville County Court may be
appointed as clerk and deputy clerk of the Municipal Court of the city
of Emporia and as Clerk and Deputy Clerk of the Juvenile and Domestic
Relations Court of the city of Emporia.

§ (87a) Circuit Court. The city of Emporia shall be and con-
tinue in every respect within the jurisdiction of the circuit court of
Greensville County and there shall be one and the same circuit court
for the county of Greensville and the city of Emporia. There shall be
for said county of Greensville and the city of Emporia but one circuit
courthouse and circuit court clerk’s office and the circuit court clerk of
the county of Greensville shall continue in all respects as the clerk of
such circuit court. Such court shall have the same jurisdiction in the
wnt of one in all respects as corporation courts have in other cities
of its class.

DEPARTMENT OF PUBLIC SAFETY

§ (38) Functions. The functions of public safety shall be per-
formed by the police department 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 manager and consist of the chief of police and
such other officers and employees of such ranks and grades as may
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 en-
forcement 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 depart-
ment with approval of the city manager 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
conformity 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.

DEPARTMENT OF PUBLIC WORKS

§ (41) Department of Public Works. There may be a department
of public works which shall consist of the Director of Public Works who
may be the city manager or a person appointed by the city manager with
the approval of the council and such other officers and employees organ-
ized into such bureaus, divisions and other units as may be provided by
ordinance or by the orders of the director consistent therewith.

§ (42) Functions. The department of public works shall be respon-
sible for the construction and maintenance of all public buildings, streets,
roads. bridges, drains, sewers. garbage and refuse collection and disposal,
and all other public works and constructions; the care of public buildings;
the custody of such equipment and supplies as the city manager may
require: and such other powers and duties as may be assigned to the
department by the city manager.
§ (43) Department of Public Utilities. There may be a depart-
ment of public utilities which shall consist of the director of public
utilities, who may be the city manager or a person appointed by the city
manager with the approval of the council, and such other officers and
employees organized into such bureaus, divisions and other units as
may be provided by ordinance or by the orders of the director consistent
therewith.

§ (44) Functions. The department of public utilities shall be re-
sponsible for: the water, sewer, gas and operation of the water, sewer,
gas and electric departments and such other powers and duties as may be
assigned to the departments by the city manager.

DEPARTMENT OF HEALTH

§ (45) Department of Public Health. There may be a department
of public health which shall consist of the director of public health, to
be appointed by the city manager with the approval of the council
and such other officers and employees organized into such bureaus,
divisions, and other units as may be provided by ordinance or by the
orders of the director consistent therewith.

§ (46) Functions. The department of public health shall be re
sponsible for the exercise of all health functions imposed on municipalities
by general law and such other functions as may be assigned to the
department.

§ (47) Director of Public Health. The head of the department of
public health shall be the director of public health. He shall have general
management and control of the several bureaus, divisions, and other
units of the department. He shall have all the powers and duties with
respect to the preservation of the public health which now are or may
hereafter be conferred or imposed on municipal boards of health and
health officers by the laws of the Commonwealth, as well as the powers
and duties conferred or imposed on him by this charter and the ordinances
of the city.

§ (48) Board of Health. The council may select two or more
qualified citizens of the city, who together with the director of public
health shall constitute the board of health. The board of health shall
advise and cooperate with the department of health and shall have power
to adopt necessary rules and regulations, not in conflict with law, con-
cerning the department. The provisions of general law relating to the
establishment of local boards of health shall not apply to the city of
Emporia.

§ (49) Contractual services. The council may, in its discretion,
effectuate the powers, duties, and functions assigned to the department
of public health in this chapter through contractual agreements with
the State Department of Health, neighboring cities and counties.

DEPARTMENT OF PUBLIC WELFARE

3 (50) Department of Public Welfare. There shall be a Depart-
ment of Public Welfare consisting of three (3) members, elected by the
council of the city of Emporia, one of whom shall be appointed annually.
The first appointment hereunder shall be for one (1) year, one for two
(2) years and one for three (3) years, beginning July 1, 1968, and
thereafter all appointments shall be for terms of three (3) years.

The department of public welfare shall appoint the Superintendent
of Public Welfare and such other employees of the department as may
be necessary.

The Superintendent of Public Welfare of Greensville County may
be appointed Superintendent of Public Welfare of the city of Emporia.

The Department of Public Welfare shall be responsible for carrying
out the duties and functions imposed on local boards and superintendents
of public welfare by general law and such other duties as may be
assigned by council.

CITY CONSTITUTIONAL OFFICERS

§ (51) Election, terms, powers, duties and compensation. On the
first Tuesday after the first Monday in November, 1969, and every four
(4) years thereafter, the qualified voters of the city shall elect a Treas-
urer, City Sergeant 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.

§ (52) Vacancies. Vacancies in the office of Treasurer, City Ser-
geant and Commissioner of the Revenue shall be filled by the council
for the unexpired portion of the term of office.

(53) Duties of Commissioner of Revenue. The commissioner of
revenue shall perform such duties not inconsistent with the laws of the
Commonwealth in relation to the assessment of property and licenses
as may be required by the council for the purpose of levying city taxes
and licenses. He shall have power to administer such oaths as may be
required by the council in the assessment of licenses taxes or other taxes
for the city. He shall make such reports in regard to the assessment
of both property and licenses, or either. as may be required by the
council or by the director of finance. He shall perform such other duties
as may be required of him by the council.

§ (54) Duties of Treasurer. The city treasurer shall collect and
receive, all money due the city by the State and all taxes and levies due
the State and collected within the city, and disburse same as provided
by the general laws of the Commonwealth relating to city treasurers,
and may be authorized by the council also to collect and receive all
money, taxes and levies due the city and disburse the same according to
this charter and the ordinances enacted by the city

§ (54a) Duties of City Sergeant. The city sergeant and anv dep-
uty city sergeants shall have the authority and powers and jurisdiction
which is granted to sergeants of other cities of the class of Emporia by
the general laws of the Commonwealth of Virginia and the ordinances of
the city of Emporia and thev shall perform such duties as may be
prescribed by the State laws and the ordinances of the city of Emporia.

SCHOOLS

§ (55) School District and Division. The city of Emporia may
enter into an agreement with the county of Greensville for a joint school
district between the city and county, subject to the approval of the
State Board of Education.

§ (56) Number and qualification of board. The school board
of the city of Emporia may consist of not more than four (4) trustees,
who shall be bona fide residents and qualified voters of the city and not
a member of the city council. The number of said trustees on the school
board shall be set by the city council.

§ (57) Appointment and term. Members of the school board for
the city of Emporia shall be appointed by the city council for a term
of four (4) years, one of whom shall be appointed annually. The first
trustee appointed shall be for a term expiring December 31, 1968, another
for a term expiring December 31, 1969, and the others for a term expiring
December 31, 1970, and thereafter all appointments shall be for a term
of four (4) years.

§ (58) Compensation. The compensation to be paid each trustee
shall be fixed by a majority vote of the council, provided, however, that
the annual compensation to be paid to any trustee shall not exceed the
sum set by statute.
§ (58a) Powers. The city school board shall be responsible for
the employment of all personnel required for the operation of the city
schools, unless a contractual provision is entered into for the operation of
the city schools with a neighboring political subdivision.

CONSTITUTIONAL OFFICERS

§ (59) Constitutional Officers and Election Thereof. In addition
to the municipal officers provided for by the preceding provisions of this
charter there shall also be a sheriff, an attorney for the Commonwealth
and a clerk of said circuit court of Greensville County elected conjointly
for the city and the county of Greensville by the qualified voters of said
city and county. The sheriff, attorney for the Commonwealth and clerk
of said circuit court of Greensville County at the effective date of this
charter are hereby continued in office for the terms for which they
were appointed or elected and until their successors have been appointed
or elected and qualified. Subsequent elections for any of the three above-
mentioned offices shall be held at the times, in the manner, and for the
terms provided by general law.

§ (60) Powers and Duties of Sheriff, Attorney for Commonwealth
and Clerk of Circuit Court. The sheriff, attorney for the Commonwealth
and clerk of said circuit court of Greensville County shall exercise and
have the same rights and privileges, perform the same duties, have the
same jurisdiction and receive the same fees therefor in the city as they,
respectively, exercise and have and receive in the county of Greensville,
and shall receive such compensation as is prescribed by the general law.

GENERAL PROVISIONS

§ (61) Contractual Relationships. The city of Emporia may,
at the option of the city council, enter into contractual relationships with
the Commonwealth and/or its departments, bureaus, boards and agencies,
neighboring political subdivision, and private agencies for the perform-
ance of any part of or all of the functions, or purposes of the city, on
such terms and for such periods as the council may determine to be in
the public interest, where such contractual relations are not specifically
prohibited by the Constitution and general laws of the Commonwealth.
The school board may, with the approval of the city council, enter into
contractual relationships with the Commonwealth or its departments,
bureaus, boards and agencies, neighboring political subdivisions, and
private agencies for the 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, where such
contractual relations are not specifically prohibited by the Constitution
and general laws of the Commonwealth. Unless otherwise provided by law,
no provision of this charter providing for the appointment of officials or
employees of Greensville County or any agency thereof as officials or
employees of the city of Emporia nor for the use or joint use of any
facility, courthouse or building of the county or any agency thereof shall
be of force or effect unless such employment or use is mutually agreed
to by the Board of Supervisors of Greensville County and the council of
the city of Emporia.

§ (62) Residence of Employees. Except as otherwise provided in
this charter, the council shall have the power to provide by ordinance
from time to time that the regular, permanent officers and employees of
the city, or any of them, shall reside within the city during their con-
tinuance in such office or employment.

§ (63) Present Ordinances and Rules and Regulations Continued
in Effect. All ordinances and resolutions of the city and all rules, regu-
lations 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 herewith, shall remain
in force until amended or repealed.

§ (64) 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, may continue in such office until the
expiration of their respective current term of office or until their suc-
cessors shall have been elected or appointed and qualified or until such
office may be lawfully terminated.

§ (65) Continuance of Internal Organization of the City. Except
where this charter may otherwise provide, the several departments, com-
missions, boards and other administrative units of the city functioning
at the effective date of this charter are hereby continued until otherwise
provided by ordinance.

§ (66) Continuance of Contracts. All contracts entered into by
the city or for its benefit prior to the taking effect of this charter shall
continue in full force and effect. All public works begun prior to the
taking effect of this charter may be continued and completed hereunder.
Public improvements for which legislative steps shall have been taken
under laws in force at the time this charter takes effect may be carried
to completion in accordance with the provisions of such laws.

§ (67) Partial Invalidity. 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 shall not affect,
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 such judgment shall have
been rendered.

This act may for all purposes be referred to or cited as the city
of Emporia Charter of 1968.

2. Chapter 590 of the Acts of Assembly of 1952, approved April 3, 1952,
as amended, which provided a new charter for the town of Emporia
in the county of Greensville, is hereby repealed.

8. An emergency exists and this act is in force from its passage.