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The code of the city of Charlottesville, Virginia, 1965 :

the charter and the general ordinances of the city
  
  
  
  
  

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Article I. Council.
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Article I. Council.

Division 1. In General.

Sec. 2-1. Powers, duties and responsibilities generally.[9]

In addition to the powers, duties and responsibilities set out in
this article, the city council shall exercise such powers, perform
such duties, and assume such responsibilities as are provided by
the Charter of the city and the Constitution and laws of Virginia.
(Code 1959, § 2-1.)

 
[9]

For charter provisions enumerating powers of council, see Char., § 14. As to
authority of council to appropriate money for advertising city, see Char., § 21. As
to authority of council to borrow money in anticipation of taxes, see Char., § 15.

Sec. 2-2. Members—Election; terms.[10]

The city council shall be composed of five members, to be
elected at large from the qualified voters of the city as provided
by section 5 of the Charter. Their terms of office shall be four
years; except, that all elections to fill vacancies shall be for the
unexpired terms. (Code 1959, § 2-2.)

 
[10]

For charter provisions in regard to the election and term of council, see
Char., § 5. As to election of officers and clerks by council, see Char., § 6.

Sec. 2-3. Repealed by Ordinance adopted July 15, 1974.


54.1

Page 54.1

Sec. 2-4. Same—Oaths of office, etc.[11]

Each councilman shall, before entering upon the duties of
his office, take oath as prescribed for councilmen by the laws
of Virginia and qualify before the corporation court, or the
judge thereof in vacation, a certificate of which shall be filed
with the clerk of the council, who shall enter the same upon
the journal thereof. If any councilman shall fail to qualify
as aforesaid, for ten days after the commencement of the term
for which he was elected, his office shall be deemed vacant.
(Code 1959, § 2-4.)



No Page Number
 
[11]

For constitutional and statutory provisions as to general oath of
office, see Va. Const., art. II, § 7; Code of Va., §§ 15.1-38, 49-1.

For charter provisions as to oaths and qualifications of officers, see
Char., § 7.


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Page 55

Sec. 2-5. Organization meeting.

The city council shall meet for organization on the first day
of September after their election (unless that day is a Sunday
or a legal holiday, in which case they shall meet on the following
day), but in case of unavoidable absence from such meeting
of any member elect, it shall be competent to adjourn
the meeting from time to time as the city council may deem
proper. (Code 1959, § 2-5.)

Sec. 2-6. Election of president, vice-president and president
pro tempore; vacancies; powers and duties generally.
[12]

The city council shall, at its first meeting in September after
the regular biennial election of councilmen, or as soon thereafter
as practicable, elect one of its members president, who
shall continue in office two years. If a vacancy occurs in the
office before the end of the term, such vacancy shall be filled
as provided by section 2-13. The president of the city council
shall be the mayor of the city, without veto power.

At the same time, the city council shall elect one of its members
to be vice-president, who shall continue in office two years.
If a vacancy occur in the office before the end of his term,
such vacancy shall be filled as provided by section 2-13.

The president shall preside at the meetings of the city council
and when, from any cause, he shall be absent, the vice-president
shall preside. In the absence of both, a president pro
tempore may be elected.

The president, vice-president or president pro tempore,
whichever shall preside when the proceedings of the previous
meeting are read, shall sign the same.

He may call any member to the chair, who shall exercise
its functions for the time, and during such substitution he
may participate in the debates.

The vice-president, in the absence of the president and while
acting as president, shall be vested with all the rights and
duties of the president.


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Page 56

The president or vice-president, as the case may be, shall
be entitled to vote on all questions as any other member, but
in no case shall he be entitled to a second vote on any question,
though it be necessary to break a tie—that is to say,
his office shall not entitle him to a vote. (Code 1959, § 2-6.)

 
[12]

For charter provisions in regard to the election, powers and duties
of the president and vice-president of council, see Char., §§ 5 and 9.
As to voting, see Char., § 11. As to reading and signing of the minutes
of preceding meetings, see Char., § 13.

Sec. 2-7. Meetings—Regular meetings.[13]

The city council shall hold its regular meetings at the customary
place for such meetings, or at such other place in the
city as may be designated by the president of the city council,
on the first and third Mondays of each month at such hour
as may be agreed upon (unless such day be a legal holiday,
in which event such meeting shall be held on the day following).
(Code 1959, § 2-7.)

 
[13]

For charter provisions as to stated and special meetings, see Char.,
§ 35.

Sec. 2-8. Same—Special meetings.[14]

The president of the city council or the vice-president, if acting
in his stead, or any three members of the city council, may
call a special meeting of the city council at any time upon at
least five hours' written notice to each member, served personally
or left at his usual place of business or residence. But
special meetings may be held at any time without notice, provided
all members of the city council attend and unanimously
consent to the transaction of all business transacted thereat.

Every call for a special meeting shall specify the object
thereof, and no business shall be transacted at a special meeting
except that for which it shall have been called, unless by
a unanimous consent. (Code 1959, § 2-8.)

 
[14]

For charter provisions as to special meetings, see Char., § 35.

Sec. 2-9. Same—To be open; exception.[15]

The city council shall be open except when, by a recorded
vote of two-thirds of those members present, it declares that
the public welfare requires secrecy, in which case it shall go
into executive session. (Code 1959, § 2-9.)

 
[15]

For similar charter provision, see Char., § 12.


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Page 57

Sec. 2-10. Three members constitute quorum.[16]

Three members of the city council shall constitute a quorum
for the transaction of ordinary business. (Code 1959, § 2-10.)

 
[16]

For similar charter provisions, see Char., § 10.

Sec. 2-11. Absence of quorum; compelling attendance of absent
members.
[17]

If a quorum fails to attend a meeting of the city council
within a half hour after the appointed time for such meeting,
those present may adjourn to such time as they deem proper,
after the names of those present shall have been entered on
the journal.

At such meeting, two or more members shall have authority
to compel the attendance of absent members by a process in
writing signed by them and addressed to any policeman, directing
him to summons such absent members at the time and
place to which the meeting shall have been adjourned. Any
member refusing to obey such summons may be fined by a
four-fifths vote of the city council in a sum not less than five
dollars nor more than twenty-five dollars. (Code 1959, § 2-11.)

 
[17]

For charter provisions in regard to compelling attendance of absent
members, see Char., § 12.

Sec. 2-12. Punishing and expelling members.[18]

The council may, by a majority vote of its whole number,
punish one of its own members for disorderly behavior by a
fine not exceeding three hundred dollars and, by a two-thirds
vote of its whole number, expel a member of its own body
for malfeasance or misfeasance in office. Fines imposed under
this section shall be collected in such manner as fines imposed
by the judge of the municipal court. (Code 1959, § 2-12.)

 
[18]

For charter provisions empowering council to punish and expel
members, see Char., § 12.


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Page 58

Sec. 2-13. Vacancies in office of mayor or councilman.[19]

Whenever, from any cause, a vacancy shall occur in the office
of mayor, it shall be filled by the city council. A vacancy
in the office of councilman shall be filled by the city council at
its next regular meeting, from the qualified electors of the city.
The officer thus elected shall hold office for the term for which
his predecessor was elected, unless sooner vacated by death,
resignation, removal or from other causes. An entry of such
election shall be made in the journal. If the mayor or a councilman
shall remove his residence from the city limits, such
removal shall operate to vacate his office. (Code 1959, § 2-13.)

 
[19]

For similar charter provisions, see Char., § 8.

For other provisions as to vacancy in office of mayor, see § 2-73 of
this Code.

Sec. 2-14. Disqualification of members for certain offices.

No member of the city council shall be eligible during his
tenure of office, or for one year thereafter, to any office to be
filled by the city council either by election or appointment.
(Code 1959, § 2-14.)

Sec. 2-15. Appointment, composition and term of finance committee;
special committees.

The president of the city council shall, within ten days after
the organization of the city council, appoint the finance committee,
consisting of three members, to continue for a term
of two years. The president of the city council shall also appoint
all special committees unless otherwise ordered by the
city council. Vacancies on committees shall be filled in like
manner. (Code 1959, § 2-15.)

Sec. 2-15.1. Limitation on terms of members of boards and
commissions.

Unless otherwise provided, no person shall be appointed by
council to any board or commission for more than two complete
terms. (9-18-72.)


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Page 58.1

Sec. 2-16. Powers and duties of finance committee.[20]

The finance committee shall investigate and report to the



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city council as to all matters relating to the finances, debts,
revenues and assets of the city. After approval by the city council,
such committee shall have power to borrow money in the name of
"the finance committee of the City of Charlottesville," signed by
all the members of the committee. The finance committee shall
approve all surety bonds of city officials and employees, as
provided for by sections 2-186 to 2-188. (Code 1959, § 2-16.)

 
[20]

As to chairman of finance committee as member of sinking fund
commission, see Char., § 26 and § 2-156 of this Code.

As to signing of notes and other evidences of indebtedness by the
finance committee, see § 1-11 of this Code. As to approval of amounts of
insurance upon public buildings insured by city manager, see § 2-79. As
to finance committee directing treasurer to place funds on certificates of
deposit, etc., see § 2-91. As to approval of securities deposited by city
depositories, see § 2-92. As to approval by finance committee of bonds
of officers and employees, see § 2-186. As to report by finance committee
to council of official bond given, see § 2-188. As to chairman of finance
committee being member of perpetual care cemetery committee, see §
21-9.

Sec. 2-17. Witnesses before council, committees, etc.;
production of books and papers.
[21]

The city council, or any committee or officer of the city, when
specially authorized by the city council, shall have the power to
require the attendance of any person as a witness and the
production by any person of all proper books and papers, when, in
any investigation by such body, such attendance and investigation
is necessary and proper. Summons to attend as a witness or to
produce books and papers shall be in writing, signed by the
presiding officer of the city council, and shall be served by a
member of the police force in the same manner as a process to
commence an action at law. Such witnesses shall be sworn by the
officer presiding at the investigation, and shall be liable to the
penalties for perjury or false testimony at such investigation. Any
person failing or refusing to obey such summons, and refusing to
testify, or produce such books or papers, may be summoned
before the judge of the municipal court and upon failure to give
satisfactory excuse shall be fined not exceeding one hundred
dollars or imprisoned not exceeding thirty days. A person found
guilty under this section and fined shall have a right of appeal to
the corporation court of the city. (Code 1959, § 2-17.)

 
[21]

For similar state law, see Code of Va., § 15.1-811.

Sec. 2-18. Annual and special appropriations.

As soon as practical after the first day of July in each year, the
city council shall make an annual appropriation covering all fixed
expenditures provided for in the annual budget, which are
approved. All other appropriations shall be deemed special
appropriations. (Code 1959, § 2-18.)


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Page 60

Sec. 2-19. Annual budget and levy.[22]

The city council shall cause to be prepared by the city manager
an annual budget containing all proposed expenditures and
estimated revenues and borrowing for the ensuing year, and at
least thirty days thereafter shall order a city levy as provided for
by state law and sections 14, 19 and 20 of the city Charter and
amendments thereto. The city council shall adopt or approve the
annual budget and shall make such city levy prior to April
fifteenth in each year. (Code 1959, § 2-19; 11-14-73, § 1.)

 
[22]

For state law as to municipal budgets, see Code of Va., §§ 15.1-160 to
15.1-169.

As to preparation of budget by city manager, see § 2-75. As to giving notice of
hearings on budget and publishing synopsis thereof by clerk of the council, see
§ 2-69 of this Code. As to preparation of budget by city manager, see, § 2-75.

Division 2. Rules of Order and Procedure.

Sec. 2-20. Adoption and suspension.[23]

The city council shall determine the rules of its proceedings,
except so far as the same are determined by the Constitution
and laws of the state and the Charter of the city.

The rules of order and procedure of the city council, with the
right of the body to suspend the same by a four-fifths vote,
shall be as set out in this article.

No rule adopted by the city council shall be suspended except
by the consent of four members. Suspension of the rules may
be made by a motion. (Code 1959, § 2-20.)

 
[23]

For charter provision authorizing council to adopt rules, etc., see Char., § 12.

Sec. 2-21. Robert's Rules of Order.

The proceedings of the city council, except as its own rules may
otherwise provide, shall be governed by Robert's Rules of Order.
(Code 1959, § 2-21.)

Sec. 2-22. Duties of presiding officer.

The presiding officer shall enforce the rules of the city council,


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Page 60.1
preserve order and decorum, appoint all committees not
otherwise provided for and discharge such other duties as
appertain to his office. (Code 1959, § 2-22.)



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Sec. 2-23. President to decide questions of order; appeal from
decision.

The president shall decide questions of order and may, without
vacating his chair, give his reasons for his decisions.

From any decision of the chair an appeal may be made to
the city council, the question being, "Shall the decision of the
chair be sustained as the decision of the council?"

Upon such appeal no debate shall be allowed if it refers to
a question of decorum, but if it relates to the priority of business,
or to relevancy or applicability of propositions, the appeal
may be debated. (Code 1959, § 2-23.)

Sec. 2-24. President to state questions and declare results.

Questions shall be distinctly put in the following form,
namely, "As many as agree that, etc., etc. (as case may be),
say `aye'," and after the affirmative vote is given, "Those opposed,
say `no'." The president shall declare all votes. (Code
1959, § 2-24.)

Sec. 2-25. Members—Withdrawing without leave.

After a member, at any meeting, has been recorded as
present, he shall not, without permission of the city council,
absent himself from such meeting until its adjournment.
(Code 1959, § 2-25.)

Sec. 2-26. Same—Conduct in addressing body.

Every member shall confine himself to the question before
the city council and avoid all personal or indecorous language.
No discussion of a sectarian or political nature shall be allowed.
No member shall interrupt another while speaking,
except to make a point of order, the point to be briefly stated
to the presiding officer. (Code 1959, § 2-26.)

Sec. 2-27. Same—Order of recognition by the president.

When two members rise at the same time, the president
shall name the one to speak; but in all cases, the member
first arising and addressing the chair shall speak first. (Code
1959, § 2-27.)


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Sec. 2-28. Same—Number and length of speeches.

No member shall speak more than once on the same question
until every member choosing to speak shall have done so,
nor more than twice, nor for a longer time than fifteen minutes
on any question without the permission of the city council.
(Code 1959, § 2-28.)

Sec. 2-29. Same—How called to order.

If, in speaking, any member shall transgress the rules of
the city council, the president shall call him to order. If there
is no appeal, the decision of the chair shall be submitted to.
If the decision is in favor of the member called to order, he
may proceed; if otherwise, he shall not proceed except by leave
of the city council. (Code 1959, § 2-29.)

Sec. 2-30. Same—Conduct while council sitting.

No member shall, while the city council is sitting, interrupt
or hinder its business by standing up, moving about, talking,
expressing approval or disapproval of any of the proceedings
or by any other conduct tending to disorder or confusion.
(Code 1959, § 2-30.)

Sec. 2-31. Nonmembers addressing council.

No person who is not a member of the city council shall
orally address it, until leave to do so has been applied for
through a member of the city council and granted by it, or
until invited so to do by the presiding officer. (Code 1959, § 231.)

Sec. 2-32. Communications to be in writing.

No communication, petition or request to the city council
shall be entertained unless the same be in writing, which shall
be filed with the clerk of the council. (Code 1959, § 2-32.)

Sec. 2-33. Motions, etc.—To be in writing; stating before discussing;
withdrawing.

Every motion or proposition, except such as are subsidiary
or incidental, shall be in writing and shall be filed with the


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clerk of the council. When a motion is made and seconded, it
shall be stated by the president before it is debated. A motion
or proposition may be withdrawn by the mover, with consent
of the second, at any time before it is decided, amended or
otherwise acted upon by the city council. (Code 1959, § 2-33.)

Sec. 2-34. Same—Admitting under color of amendment.

No motion, proposition, or subject different from that under
consideration shall be admitted under color of amendment.
(Code 1959, § 2-34.)

Sec. 2-35. Same—Order of procedure.

When a question is under debate no motion shall be entertained
unless specially provided for, except the following,
which shall take precedence in the order given:

1. To adjourn, to be made without preliminary remarks and
decided without debate.

2. To lay on the table, to be decided without debate.

3. For the previous question, to be decided without debate.

4. To postpone, either indefinitely, or to a day or hour certain.

5. To refer or recommit.

6. To substitute or amend.

7. To adopt or approve.

(Code 1959, § 2-35.)

Sec. 2-36. Same—To reconsider.

In all cases a motion to reconsider will be entertained only
when made by a member who voted with the prevailing side.
A majority of those present can reconsider any vote, but the
motion to do so shall be made at the same session of the council
during which such vote was taken. A motion to reconsider
shall have precedence of all other questions, and when it has
once been put and lost, it shall not be renewed. This rule, however,
is subject to section 2-49. (Code 1959, § 2-36.)

Sec. 2-37. Same—When motion to adjourn in order.

A motion to adjourn shall always be in order except when
a member has the floor, when the city council is engaged in


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voting, when the previous question has been ordered or when
the motion to adjourn has been put and lost and no other business
has intervened. (Code 1959, § 2-37.)

Sec. 2-38. Previous question—Motion for.

Any member who obtains the floor during the debate and
submits no other motion or remark may move for the previous
question, which motion, if seconded, shall forthwith be
put to the city council. If the motion for the previous question
be not carried, debate may continue as if the motion had not
been made. (Code 1959, § 2-38.)

Sec. 2-39. Same—How put.

The previous question shall be in this form: "Shall the
main question now be put?" If carried, its effect shall be to
end all debates and bring the council to a direct vote upon
a motion to commit, if pending; then upon pending amendments,
if any; and then upon the main question. (Code 1959,
§ 2-39.)

Sec. 2-40. Majority vote to govern unless otherwise provided.

In all matters pending before the city council, a majority
shall govern except in cases where it is otherwise specially
provided. (Code 1959, § 2-40.)

Sec. 2-41. Aye and no vote.

On the call of any member of the city council, the vote on
any question may be taken by ayes and noes and recorded, provided
the demand be made before other business has been
taken up. (Code 1959, § 2-41.)

Sec. 2-42. Dissent or protest.

Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the city
council and have the reason of his dissent entered upon the
record. (Code 1959, § 2-42.)

Sec. 2-43. Committees—Reports—When made.

Every committee shall, unless otherwise ordered, report at


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the next regular meeting upon the subject matter referred to
it or show good cause why such report is not made. (Code
1959, § 2-43.)

Sec. 2-44. Same—Same—Form.

The reports of a committee shall be in writing, signed by
at least two members, and the papers referred, as well as
all written opinions in reference thereto from the city attorney,
shall be returned with the reports. (Code 1959, § 2-44.)

Sec. 2-45. Same—Meetings; chairman; quorum.

The members of a committee shall meet on the call of the
chairman, who shall be the first named person on the committee.
In the absence of the chairman, the person named
second on the committee shall be recognized as chairman.
A majority shall constitute a quorum for the transaction of
business. (Code 1959, § 2-45.)

Sec. 2-46. Calendar of unfinished business.

A calendar of all new, referred and deferred petitions and
communications to the city council shall be kept by the clerk
of the council and copies shall be furnished by him to the
members of the city council, city attorney and city manager
at least six hours prior to each meeting of the city council at
such time as notice is given. (Code 1959, § 2-46.)

Sec. 2-47. General order of business.

At every regular meeting of the city council, the order of
business shall be as follows:

1. Call to order.

2. Opening ceremonies.

3. Roll call.

4. Approval of minutes of preceding meetings, not already
approved. When texts of minutes have been furnished all
members of council and have been read by them, the formal
reading aloud may, on motion of any member, be dispensed
with, and the minutes approved.


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5. Petitions and communications. After their purport has
been briefly stated by the member offering same, the city
council may consider the same or otherwise dispose of them.

6. Reports and communications from city officers, including
financial statements.

7. Reports of committees.

8. Offering of original resolutions, orders and ordinances.

9. Ordinances for second reading.

10. Miscellaneous and unfinished business.

The order of business shall not be departed from except by
unanimous consent. (Code 1959, § 2-47; 6-21-71.)

Sec. 2-48. Special order of business.

When any matter is made the special order for a future
meeting, it shall at such meeting take priority of all other
business except the reading of the minutes of the last meeting.
(Code 1959, § 2-48.)

Sec. 2-49. Reconsidering or rescinding vote at special meetings.[24]

No vote of a former meeting of the city council shall be reconsidered
or rescinded at a special meeting unless there be
then present as many members as were present when such vote
was taken, and three-fifths of all members present vote in
favor thereof. (Code 1959, § 2-49.)

 
[24]

For similar state law, see Code of Va., § 15.1-812.

Sec. 2-50. Voting at elections.

At all elections by the city council each member shall be
entitled to one vote. Only one person shall be elected at a time,
except with the consent of all members present. If, on any
vote, no one receives a majority of all the votes, the name of
the person receiving the smallest number of votes shall be
dropped and shall not again be put in nomination until a vote
intervenes.


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Page 66.1

At each election the roll shall be called by the clerk in alphabetical
order and each member shall vote when his name is
called, unless excused or disqualified by section 2-51. (Code
1959, § 2-50; 6-21-71.)

Sec. 2-51. Same—Members failing to vote; disqualifications.

A member of the city council who is present and fails to vote



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when the "ayes" and "noes" are taken shall be entered on the
journal as present and not announcing his vote but no member
who has an immediate personal or pecuniary interest in
the result of the question shall either vote or be counted upon
it. (Code 1959, § 2-51.)

Division 3. Ordinances and Resolutions.[25]

Sec. 2-52. Style of ordinances and resolutions.

The style in which ordinances shall be enacted by the council
shall be as follows: "Be it ordained by the Council of the
City of Charlottesville," and that in which resolutions shall
be passed shall be, "Be it resolved by the Council of the City
of Charlottesville." (Code 1959, § 2-52.)

Sec. 2-53. Procedure in enacting general ordinances.[26]

No general ordinance shall be passed by the city council on
the same day of its introduction, nor shall any such ordinance
be valid unless at least three days intervene between its introduction
and passage; provided, that by a four-fifths vote of
the city council, a general ordinance may be passed on the
same date of its introduction and be valid; provided further,
that any zoning ordinance or amendment to the zoning ordinance
may be passed at the same meeting at which a public
hearing on such zoning ordinance or amendment to the zoning
ordinance is held. (Code 1959, § 2-53; 2-4-63.)

 
[26]

See also, § 2-59 of this Code.

Sec. 2-54. To be in writing.

Every proposed ordinance and resolution having the effect
of an ordinance shall be in writing. (Code 1959, § 2-54.)

Sec. 2-55. Repealing and amending ordinances.

No ordinance shall be amended or repealed except by an
ordinance regularly introduced and adopted. (Code 1959, § 255.)


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Sec. 2-56. Filling blanks involving money or time.

In filling blanks in ordinances or resolutions involving
money or time, the question shall be put first upon the largest
sum or longest time. (Code 1959, § 2-56.)

Sec. 2-57. Ordinances passed subsequent to adoption of Code.

Each ordinance passed subsequent to the adoption of this
Code shall as far as practical be numbered in accordance with
the numbering of sections in this Code. If such ordinance
repeals a part of this Code, the same shall be given the number
of the repealed section. If such ordinance amends or reenacts
a part of this Code, the same shall be given the same
number as the section amended or re-enacted. (Code 1959, § 257.)

Sec. 2-58. Effective date.

Every ordinance shall take effect from the date of its passage
unless otherwise provided. (Code 1959, § 2-58.)

Sec. 2-59. Appropriating money, imposing taxes, etc.

For every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, authorizing
the borrowing of money, creating a debt or donating
any property of the city, where the value of such property is
one hundred dollars or more, a vote of a majority of all members
elected to the council shall be necessary and the "ayes"
and "noes" shall be entered on the journal of the council.

No ordinance or resolution appropriating money exceeding
the sum of one thousand dollars, imposing taxes or authorizing
the borrowing of money shall be passed by the city council
on the same day of its introduction, nor shall any such
ordinance or resolution be valid unless at least three days
intervene between its introduction and passage, but this paragraph
shall not apply to the annual appropriations as provided
in section 2-18.[27] (Code 1959, § 2-59; 5-7-51; 7-6-64.)

 
[27]

For similar state law, see Code of Va., § 15.1-812.

Sec. 2-60. Appropriating money in excess of annual appropriation.


No money shall be expended on any department of the city


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government beyond the amount estimated in the budget for
such department in the general appropriation ordinance for
the fiscal year unless such expenditure be authorized by the
recorded vote of three-fifths of all the members elected to the
city council. (Code 1959, § 2-60.)

Sec. 2-61. Appropriating money for improvements outside
city.

No ordinance or resolution appropriating money for the
purpose of improving streets, airports and bridges located
outside of the city shall be passed by the city council except
by a recorded affirmative vote of four-fifths of all members
elected to the city council. (Code 1959, § 2-61.)

Sec. 2-62. Granting aid to various associations or to public
charity.

No ordinance or resolution granting aid to military, agricultural,
literary or benevolent associations or to the public
charity shall be passed except by the vote of three-fifths of
the members elected to the city council. (Code 1959, § 2-62.)

Sec. 2-63. Disposition of public property; granting franchise.[28]

No ordinance or resolution granting, leasing, selling or
otherwise disposing of any public property or franchise shall
be valid unless the same be passed by the council by a recorded
affirmative vote of three-fourths of all members elected
to the city council.

No franchise, lease or right of any kind to the use of any
such public property in a manner not permitted to the general
public shall be granted for a period of over thirty years.
Before granting such franchise or privilege for a term of
thirty years, except for a trunk railway, bids therefor shall
be advertised once a week for four successive weeks in a
newspaper published in the city. Such grant, and any contract
in pursuance thereof, may provide that upon the termination
of the grant, the plant, as well as the property, if
any, of the grantee in the streets, avenues and other public


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places, shall thereupon, without compensation to the grantee,
or upon the payment of a fair valuation therefor, be and
become the property of the city, but that the grantee shall
be entitled to no payment by reason of the value of the franchise.
Every such grant shall specify the mode of determining
any valuation therein provided for and shall make adequate
provision by way of forfeiture of the grant, or otherwise,
to secure efficiency of public service at reasonable rates
and the maintenance of the property in good order throughout
the term of the grant.

All persons to whom privileges or franchises have been or
may be granted by the city council shall pay in advance for the
printing and advertising of all ordinances granting such privileges
or franchises after the approval thereof and all of such
printing shall be done under the supervision and direction of
the clerk of the council.

The rights of the city in its gas, water, electric works and
sewer system, now owned or hereafter acquired, shall not be
sold even after such action of the council as is prescribed in
the first paragraph of this section, until and except such sale
shall have been approved by a majority of the qualified voters
of the city, voting on the question at a special election ordered
by the council, and subject in other respects to the provisions
of section 27 of the Charter applicable to a special election.
(Code 1959, § 2-63.)

 
[28]

For charter provisions in regard to sale of public utilities, see
Char., § 28. As to granting franchises, see Char., § 36.

 
[25]

For charter provision authorizing council to pass all needful orders,
bylaws and ordinances, see Char., § 17. See also Char., § 14.

Division 4. Clerk of the Council.[29]

Sec. 2-64. Election; duties generally.[30]

The city council shall elect a clerk, whose duty it shall be to
attend every meeting of the city council and keep an accurate
record of its proceedings. The clerk of the council shall file
and preserve all written opinions furnished by the city attorney
to the city council or its committees, a copy of every contract
entered into by the city and such other papers and books


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as may come into his hands as clerk. He shall also supervise
the printing of all official reports and ordinances that may
be ordered by the city council to be printed and generally perform
all such duties as properly appertain to his office or may
hereafter be required of him by the city council. (Code 1959,
§ 2-64.)

 
[30]

For charter provision authorizing appointment of clerks, see Char.,
§ 12.

Sec. 2-65. Keeping of books and documents; inspection and
exhibition.
[31]

The clerk of the council shall keep a journal of its proceedings
and all resolutions and permanent contracts which shall
be spread therein except as otherwise provided. He shall also
keep a separate book termed "The General Ordinance Book,"
in which shall be recorded all ordinances and resolutions of a
general and permanent character, properly indexed and open
to public inspection. All matter spread upon the journal and
ordinance book shall be inspected by the city attorney before
the same is signed by the presiding officer. Other documents
or papers in possession of the clerk of the council which may
affect the interest of the city shall not, without special order
of the city council, its president or vice-president, be exhibited
nor copies thereof furnished to other persons than the committees
or city officials entitled thereto. (Code 1959, § 2-65.)

 
[31]

For charter provisions in regard to the keeping of a journal and
general ordinance book, see Char., § 12.

Sec. 2-66. Furnishing officers with ordinances and resolutions;
notifying certain persons of action by
council.

The clerk of the council shall, within forty-eight hours
after each session of the city council, furnish the officers or
heads of departments of the city a copy of every ordinance or
resolution specially pertaining to their respective departments;
provided, that copies of all ordinances making appropriations
or authorizing the payment of money shall be
furnished to the director of finance within twenty-four hours
after their passage. The clerk of the council shall notify persons
who have presented petitions or communications to the


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city council, of the final action of that body in regard thereto,
within forty-eight hours after such action. He shall also notify
all persons elected to any office by the city council, of such
election. (Code 1959, § 2-66.)

Sec. 2-67. Calendar of petitions, etc., presented to council.

The clerk of the council shall keep a calendar of petitions
and other papers presented to the council, as provided by section
2-46. (Code 1959, § 2-67.)

Sec. 2-68. Keeping minute book and ordinance book.[32]

The clerk of the council shall enter upon the minute book
the introduction and passage of every ordinance and shall
spread upon the book of ordinances all duly adopted ordinances.
In all cases of repeal, amendment or re-enactment,
the clerk shall make notation on the ordinance book showing
cross references to the pages on which both the old and new
law is spread. (Code 1959, § 2-68.)

 
[32]

For charter provision in regard to the keeping of a journal and
general ordinance book, see Char., § 12.

Sec. 2-69. Publication of synopsis of budget and notice of
hearings.

The clerk of the council shall cause to be published a synopsis
of the annual budget and notice of public hearings thereon
as provided by section 19 of the Charter. (Code 1959, § 2-69.)

 
[29]

As to clerk of the council as custodian of corporate seal, see § 1-10
of this Code. As to affixing and attesting city seal upon instruments,
see § 1-11. As to bond required of clerk of the council, see § 2-186.