University of Virginia Library

CHAPTER 2.

Administration.

Article I. Council.

Part 1. In General.

                                     

§ 1.	Powers, duties and responsibilities generally.
§ 2.	Members—Election; term.
§ 3.	Same—Compensation.
§ 4.	Same—Oaths of office, etc.
§ 5.	Meetings for organization.
§ 6.	Election of president and vice-president; president pro tempore; powers and duties generally.
§ 7.	Meetings—Regular meetings.
§ 8.	Same—Special meetings; calling; business transacted.
§ 9.	Same—To be open; exception.
§ 10.	Quorum.
§ 11.	Same—Absence of quorum; compelling attendance of absent members.
§ 12.	Punishing and expelling members.
§ 13.	Vacancies in office of mayor or councilman.
§ 14.	Disqualification of members for certain offices.
§ 15.	Appointment of committees.
§ 16.	Finance committee; powers and duties.
§ 17.	Witnesses before council, etc.; production of books and papers.
§ 18.	Annual and special appropriations.
§ 19.	Annual budget and levy.

Part 2. Rules of Order and Procedure.

                                                               

§ 20.	Adoption and suspension.
§ 21.	Parliamentary rules; exceptions.
§ 22.	Duties of presiding officer.
§ 23.	President to decide questions of order; appeal of decision.
§ 24.	President to state questions and declare results.
§ 25.	Members—Withdrawing without leave.
§ 26.	Same—Conduct in addressing body.
§ 27.	Same—Order of recognition by the president.
§ 28.	Same—Number and length of speeches.
§ 29.	Same—How called to order.
§ 30.	Same—Conduct while sitting.
§ 31.	Non-members addressing council.
§ 32.	Communications to be in writing.
§ 33.	Motions, etc.—To be in writing; stating before discussing; withdrawing.
§ 34.	Same—Admitting under color of amendment.
§ 35.	Same—Order of procedure.
§ 36.	Same—To reconsider.
§ 37.	Same—When motion to adjourn in order.
§ 38.	Previous question—Motion for.
§ 39.	Same—How put.
§ 40.	Majority vote to govern unless otherwise provided.
§ 41.	Aye and no vote.
§ 42.	Dissent may be recorded.
§ 43.	Committees—Reports—When made.
§ 44.	Same—Same—Form.
§ 45.	Same—Meetings; chairman; quorum.
§ 46.	Calendar of unfinished business.
§ 47.	General order of business.
§ 48.	Special order of business.
§ 49.	Reconsidering or rescinding vote at special meetings.
§ 50.	Voting at elections.
§ 51.	Members failing to vote; disqualifications.

Part 3. Ordinances, Resolutions, etc.

                     

§ 52.	Style of ordinances and resolutions.
§ 53.	Procedure in enacting general ordinances.
§ 54.	To be in writing.
§ 55.	Repealing and amending ordinances.
§ 56.	Filling blanks in certain ordinances.
§ 57.	Effective date.
§ 58.	Appropriating money and imposing taxes, etc.
§ 59.	Appropriating money in excess of annual appropriation.
§ 60.	Appropriating money for improvements outside city.
§ 61.	Granting aid to various associations, etc.
§ 62.	Disposition of public property; granting franchise.

Part 4. Clerk of Council.

           

§ 63.	Election; duties generally.
§ 64.	Keeping of books and documents; inspection and exhibition.
§ 65.	Furnishing officers with ordinances and resolutions; notifying certain persons of action by council.
§ 66.	Keeping calendar of petitions, etc., presented to council.
§ 67.	Keeping minute book and ordinance book; ordinances passed subsequent to adoption of code.
§ 68.	Giving notice of hearings on budget; publishing synopsis.

Article II. Mayor.

         

§ 69.	Powers and duties generally.
§ 70.	Suspension or removal of subordinate officers.
§ 71.	Prohibiting certain theatrical performances.
§ 72.	Removal from office.
§ 73.	Vacancies.

Article III. City Manager.

             

§ 74.	Election; term; compensation; removal.
§ 75.	Powers and duties generally.
§ 76.	Creation, consolidation and abolition of departments.
§ 77.	Custody of city property.
§ 78.	Insuring city buildings.
§ 79.	Preparing and keeping maps and records.
§ 80.	Inspection of poles carrying wire; defective and dangerous poles.

Article IV. City Treasurer.

Part 1. In General.

                           

§ 81.	Election; term; oath.
§ 82.	Office.
§ 83.	Compensation.
§ 84.	Custodian of funds.
§ 85.	Custodian of bonds, notes, etc.
§ 86.	Books, stationery and equipment.
§ 87.	Record of receipts and disbursements.
§ 88.	Manner of making disbursements.
§ 89.	Records, etc., open to inspection by certain persons.
§ 90.	Placing funds on certificates of deposit, etc.
§ 91.	City depositories.
§ 92.	Receipt and disbursement of school funds.
§ 93.	Daily reports.
§ 94.	Withholding wages of officers and employees.

Part 2. Collection of Taxes, etc.

                                 

§ 95.	Duty of treasurer.
§ 96.	Mailing bills to taxpayers.
§ 97.	Tax tickets.
§ 98.	Right of distress, levy and garnishment.
§ 99.	Sale after levy or distraint.
§ 100.	When taxes due.
§ 101.	Penalties.
§ 102.	Calling on persons failing to pay taxes; collection by distress, etc.
§ 103.	Persons about to leave city.
§ 104.	Lists of uncollectible taxes and delinquents.
§ 105.	Same—To speak as of June thirtieth; form; oath.
§ 106.	Same—Submitting to council; allowance of credit to treasurer, etc.
§ 107.	Same—Advertising lists of delinquent real estate and personal property taxes.
§ 108.	Same—Transmitting list of delinquent lands to clerk of corporation court; recordation; reports of collections.
§ 109.	Continuing collection of delinquent taxes for one year.
§ 110.	Resubmission of lists to council; subsequent collections.
§ 111.	Sale of delinquent lands.

Article V. Director of Finance.

                       

§ 112.	Election; term.
§ 113.	Powers and duties generally.
§ 114.	Keeping books, etc.; making suggestions to council; reports.
§ 115.	Employees of director.
§ 116.	Collection of revenues; keeping accounts; delivering moneys to treasurer.
§ 117.	Collection of gas and water bills; list of delinquents; cutting off supply.
§ 118.	Monthly reports of receipts and disbursements.
§ 119.	Quarterly reports; publishing.
§ 120.	Annual reports.
§ 121.	Examination of claims; drawing of warrants, etc.
§ 122.	Drawing warrants for salaries and wages; checks to employees; deductions.
§ 123.	Fixing payday.

Article VI. City Attorney.

             

§ 124.	Election; qualification; term.
§ 125.	Powers and duties generally.
§ 126.	Accounting for and paying over city funds.
§ 127.	Reporting to council on condition of civil cases.
§ 128.	Attending meetings of council and committees.
§ 129.	Drafting resolutions and ordinances; inspection of journal and ordinance book.
§ 130.	Salary to be in full compensation for services; traveling expenses.

Article VII. City Purchasing Agent.

               

§ 131.	Election; term.
§ 132.	Powers and duties generally.
§ 133.	Purchases made only upon agent's order; exception.
§ 134.	Requisitions for supplies; forms; approval.
§ 135.	Sufficient appropriation necessary to furnishing supplies.
§ 136.	Bids for purchases in excess of one hundred dollars; specifications to bidders.
§ 137.	Sales of material and personal property.
§ 138.	Signing contracts covering purchases and sales.

Article VIII. Attorney for the Commonwealth.

     

§ 139.	Term, duties and compensation generally.
§ 140.	Additional duties.
§ 141.	Calling upon city attorney for assistance.

Article IX. Commissioner of Revenue.

                             

§ 142.	Election; city assessor; vacancy in office; bond.
§ 143.	Compensation.
§ 144.	When to begin duties.
§ 145.	Duties generally; office; books and papers.
§ 146.	Books, forms, etc., to be used; city to furnish books, forms, stationery, etc.
§ 147.	Assessment of personal property—Listing governed by state law.
§ 148.	Same—Lists of valuations to be furnished by and returned to commissioner.
§ 149.	Same—Revaluation of property.
§ 150.	Same—Penalty for failure to make return; refusal to exhibit property.
§ 151.	State law followed as to land and personal property books.
§ 152.	Assessment when lot subdivided.
§ 153.	Licenses and license taxes—Assessing and issuing.
§ 154.	Same—Failure to pay when due; penalty.
§ 155.	Same—Commissioner to report delinquents to mayor.
§ 156.	Same—Mayor to cause delinquents to be summoned before court.

Article X. Sinking Fund Commission.

               

§ 157.	Members.
§ 158.	President and secretary; keeping journal; preserving books and papers.
§ 159.	City treasurer to keep account and be custodian of funds.
§ 160.	Setting apart sinking fund.
§ 161.	Investment of funds; redemption of city debts.
§ 162.	Annual report.
§ 163.	Disbursements.
§ 164.	Safety deposit box; who to be present when opened.

Article XI. Officers and Employees Generally.

                               

§ 165.	Officers elected by council; term; vacancies.
§ 166.	Authority of officers appointed by council.
§ 167.	Compensation fixed by council; traveling expenses; officers in arrears or default.
§ 168.	Appointment of substitute during inability to serve.
§ 169.	Removal by mayor or council.
§ 170.	Salary of suspended officers.
§ 171.	Superintendents of departments—Absence from city.
§ 172.	Same—Vacations.
§ 173.	Bonds—Amount.
§ 174.	Same—Guaranty companies.
§ 175.	Same—Paid for by city.
§ 176.	Same—Failure to give.
§ 177.	Same—Report by finance committee; bonds filed with clerk of council.
§ 178.	Officers appointed by city manager.
§ 179.	Same—Duties generally.
§ 180.	Reports to city manager.

Article I. Council.

Part 1. In General.

Sec. 1. Powers, duties and responsibilities generally.

In addition to the powers, duties and responsibilities set out in
this article, the council shall exercise such powers, perform such
duties, and assume such responsibilities as are provided by the
charter and the constitution and laws of Virginia. (Code 1932,
§ 26.)

Sec. 2. Members—Election; term.

The council of the city shall be composed of five members, to
be elected at large from the qualified voters of the city as provided
by section 4 of the charter. Their term of office shall be four
years, except that all elections to fill vacancies shall be for the unexpired
terms. (Id., § 1.)

Sec. 3. Same—Compensation.

Each member of the council shall receive an annual salary of
three hundred dollars, except the president of said council, who

shall be mayor and shall receive five hundred dollars per annum.
Said salary shall be paid in equal monthly installments. (Id.)

Sec. 4. Same—Oaths of office, etc.

Each councilman shall, before entering upon the duties of his
office, take the oath 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; but
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 1932, § 2.)

Sec. 5. Meetings for organization.

The council shall meet for organization on the first day of September
after their election (unless that day be 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 said meeting from time to
time as they may deem proper. (Id., § 3.)

Sec. 6. Election of president and vice-president; president
pro tempore; powers and duties generally.

The 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 occur in the office before the end
of the term, such vacancy shall be filled as provided by section 13
of this chapter. The president of the council shall be the mayor
of the city, without veto power.

At the same time the 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 13 of this chapter.

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

The president, vice-president or president pro tempore, who
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.

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. (Id., § 5.)

Sec. 7. Meetings—Regular meetings.

The 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 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). (Id., § 6.)

Sec. 8. Same—Special meetings; calling; business transacted.

The president of the council or the vice-president, if acting in
his stead, or any three members of the council may call a special

meeting of the 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 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.
(Id., §§ 6, 7.)

Sec. 9. Same—To be open; exception.

The 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. (Id., § 7.)

Sec. 10. Quorum.

Three members of the council shall constitute a quorum for the
transaction of ordinary business. (Id., § 8.)

Sec. 11. Same—Absence of quorum; compelling attendance
of absent members.

If a quorum fail to attend a meeting of the 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 to such 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

council in a sum not less than five dollars nor more than twenty-five
dollars. (Id., § 9.)

Sec. 12. Punishing and expelling members.

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 civil and police
justice. (Id., § 10.)

Sec. 13. Vacancies in office of mayor or councilman.

Whenever, from any cause, a vacancy shall occur in the office
of mayor it shall be filled by the council. A vacancy in the office
of councilman shall be filled by the 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 said 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. (Id.,
§ 11.)

Sec. 14. Disqualification of members for certain offices.

No member of the council shall be eligible during his tenure of
office, or for one year thereafter, to any office to be filled by the
council either by election or appointment. (Id., § 12.)

Sec. 15. Appointment of committees.

The president of the council shall, within ten days after the organization
of the council, appoint the finance committee consisting

of three members to continue for a term of two years. The president
of the council shall also appoint all special committees unless
otherwise ordered by the council. Vacancies on committees shall
be filled in like manner. (Id., § 13.)

Sec. 16. Finance committee; powers and duties.

The finance committee shall investigate and report to the council
as to all matters relating to the finances, debts, revenues and
assets of the city. After approval by the council, said 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 said committee. The finance committee shall approve all
surety bonds of city officials and employees as provided for by
sections 173-177 of this chapter. (Id., § 14.)

Sec. 17. Witnesses before council, etc.; production of
books and papers.

The council, or any committee or officer of the city, when specially
authorized thereto by the 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 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 civil and police
justice and upon failure to give satisfactory excuse shall be fined
in a sum of not less than ten dollars nor more than fifty dollars.
A person found guilty under this section and fined shall have a
right of appeal to the corporation court of the city. (Id., § 25.)

Sec. 18. Annual and special appropriations.

As soon as practical after the 1st day of July in each year, the
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.
(Id., § 20; Ord. Sept. 3, 1940.)

Sec. 19. Annual budget and levy.

The 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 13, 17 and 18 of the city charter and amendments
thereto. The council shall adopt said annual budget and shall
make said city levy prior to April 30th in each year. (Code 1932,
§ 17.)

Part 2. Rules of Order and Procedure.

Sec. 20. Adoption and suspension.

The 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 charter of the city.

The rules of order and procedure of the council, with the right
of the body to suspend the same by a four-fifth vote, shall be as
set out in this article. (Code 1932, §§ 15, 27.)

Sec. 21. Parliamentary rules; exceptions.

The proceedings of the council except as its own rules may
otherwise provide, shall be governed by Roberts Manual of Parliamentary
Rules, and no rule adopted by the council shall be suspended
except by consent of four members. (Id., § 27.)

Sec. 22. Duties of presiding officer.

The presiding officer shall enforce the rules of the council, preserve
order and decorum, appoint all committees, not otherwise
provided for, and discharge such other duties as appertain to his
office. (Id.)

Sec. 23. President to decide questions of order; appeal
of 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
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 the relevancy or applicability of propositions, the appeal may
be debated. (Id.)

Sec. 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. (Id.)

Sec. 25. Members—Withdrawing without leave.

After a member, at any meeting, has been recorded as present,
he shall not, without permission of the council, absent himself
from such meeting until its adjournment. (Id.)

Sec. 26. Same—Conduct in addressing body.

Every member shall confine himself to the question before the
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.
(Id.)

Sec. 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. (Id.)

Sec. 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 council. (Id.)

Sec. 29. Same—How called to order.

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

Sec. 30. Same—Conduct while sitting.

No member shall while the 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. (Id.)

Sec. 31. Non-members addressing council.

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

Sec. 32. Communications to be in writing.

No communication, petition or request to the council shall be
entertained unless the same be in writing, which must be filed with
the clerk. (Id.)

Sec. 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 clerk.
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 council.
(Id.)

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

No motion, proposition, or subject different from that under
consideration, shall be admitted under color of amendment. (Id.)

Sec. 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. (Id.)

Sec. 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 49 of
this chapter. (Id.)

Sec. 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 council is engaged in 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.
(Id.)

Sec. 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 council.
If the motion for the previous question be not carried, debate
may continue as if the motion had not been made. (Id.)

Sec. 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. (Id.)

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

In all matters pending before the council, a majority shall govern
except in cases where it is otherwise specially provided. (Id.)

Sec. 41. Aye and no vote.

On the call of any member of the 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. (Id.)

Sec. 42. Dissent may be recorded.

Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the council and have
the reason of his dissent entered upon the record. (Id.)

Sec. 43. Committees—Reports—When made.

Every committee shall, unless otherwise ordered, report at the
next regular meeting upon the subject matter referred to it, or
show good cause why such report is not made. (Id.)

Sec. 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. (Id.)

Sec. 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. (Id.)

Sec. 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
council, city attorney and city manager at least six hours prior to
each meeting of the council at such time as notice is given. (Id.)

Sec. 47. General order of business.

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

• 1. Roll call.

• 2. Reading of minutes. The journal of the preceding meeting
  shall be read, and no objection being made, shall be approved and
  signed by the person presiding. Such ordinances as may have
  been adopted at the preceding meeting and copied in the ordinance
  book shall also be read, unless reading is dispensed with, and no
  objection being made, shall be approved and signed by the person
  presiding.

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

• 4. Reports and communications from city officers, including
  financial statements.

• 5. Reports of committees.

• 6. Ordinances for second reading.

• 7. Offering of original resolutions, orders and ordinances.

• 8. Miscellaneous and unfinished business.

The order of business shall not be departed from except by
unanimous consent. (Id.)

Sec. 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. (Id.)

Sec. 49. Reconsidering or rescinding vote at special
meetings.

No vote of a former meeting of 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. (Id., § 8.)

Sec. 50. Voting at elections.

At all elections by the council the voting shall be viva voce, and
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.

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 51 of this chapter. (Id.,
§ 4.)

Sec. 51. Members failing to vote; disqualifications.

A member who is present and fails to vote 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. (Id., § 24.)

Part 3. Ordinances, Resolutions, etc.[1]

Sec. 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 1932, § 27.)

Sec. 53. Procedure in enacting general ordinances.

Every general ordinance shall be read twice before its final passage.
The first reading shall be for information. If there is no
objection, the ordinance shall be considered and voted upon. If
there be objection, it shall be laid over to the next regular meeting

when action on same shall be taken. Any reading may be dispensed
with by unanimous consent. (Id.)

Sec. 54. To be in writing.

Every proposed ordinance and resolution having the effect of an
ordinance shall be in writing. (Code 1932, § 16.)

Sec. 55. Repealing and amending ordinances.

No ordinance shall be amended or repealed except by an ordinance
regularly introduced and adopted, provided that suspension
of rules may be made by a motion. (Id., § 27.)

Sec. 56. Filling blanks in certain ordinances.

In filling blanks in ordinances or resolutions involving money
or time, the question shall be put first upon the largest sum or
longest time. (Id.)

Sec. 57. Effective date.

Every ordinance shall take effect from the date of its passage
unless otherwise provided. (Id.)

Sec. 58. Appropriating money and imposing taxes, etc.

Every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, or authorizing
the borrowing of money, or 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 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 18 of this chapter. (Code
1932, § 18.)

Sec. 59. Appropriating money in excess of annual appropriation.

No money shall be expended on any department of the city 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 council. (Id., § 19.)

Sec. 60. Appropriating money for improvements outside
city.

No ordinance or resolution appropriating money for the purpose
of improving highways, airports and bridges located outside of the
city, shall be passed by the council except by a recorded affirmative
vote of four-fifths of all members elected to the council. (Id.,
§ 21.)

Sec. 61. Granting aid to various associations, etc.

No ordinance or resolution granting aid to military, agricultural,
literary or benevolent associations, or to public charity shall be
passed except by the vote of three-fifths of the members elected
to the council. (Id., § 22.)

Sec. 62. Disposition of public property; granting franchise.

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
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 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 council, shall pay in advance for the printing
and advertising of all ordinances granting said privileges or franchises
after the approval thereof and all of said 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 24 of the
charter applicable to a special election. (Id., § 23.)

Part 4. Clerk of Council.

Sec. 63. Election; duties generally.

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

a copy of every contract entered into by the city and such other
papers and books 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 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 council. (Code 1932, § 28.)

Sec. 64. Keeping of books and documents; inspection
and exhibition.

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; also 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 the 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 council, its president or vice-president, be exhibited,
nor copies thereof furnished to other persons than the
committees or city officials entitled thereto. (Id., § 29.)

Sec. 65. 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 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 be furnished to the director of finance within
twenty-four hours after their passage. He shall notify persons
who have presented petitions or communications to the 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 council, of such election. (Id., § 30.)

Sec. 66. Keeping calendar of petitions, etc., presented
to council.

The clerk shall keep a calendar of petitions and other papers
presented to the council, as provided by section 46 of this chapter.
(Id., § 31.)

Sec. 67. Keeping minute book and ordinance book; ordinances
passed subsequent to adoption of
code.

The clerk 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. 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 re-enacts a part of this code, the same shall be given the
same number as the section amended or re-enacted. 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. (Id., § 32.)

Sec. 68. Giving notice of hearings on budget; publishing
synopsis.

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 17 of the charter. (Id., § 52.)

Article II. Mayor.

Sec. 69. Powers and duties generally.

The mayor shall be the chief executive officer of the city, and
shall take care that the by-laws and ordinances of the city are fully
executed. He shall see that the duties of the various city officers,
members of the police force, and members of the fire department,
whether elected or appointed, in and for the city, are faithfully
performed.

He shall have power to investigate their acts, have access to all
books and documents in their offices, and may examine them and
their subordinates on oath. Evidence given by persons so examined
shall not be used against them in any criminal proceedings.

The mayor shall exercise a general supervision over all the city's
rights, franchises, properties and affairs, departments and offices.

The mayor shall have all other powers and duties which may
be conferred upon him by ordinances or resolutions of the city
and by the laws of the State of Virginia. (Code 1932, §§ 44, 46.)

Sec. 70. Suspension or removal of subordinate officers.

The mayor shall also have power to suspend any officer of the
city and members of the police and fire departments for proper
cause and to remove such officers for misconduct, or malfeasance,
misfeasance or non-feasance in office. No order of removal under
this section shall be made until the officer affected shall have been
given reasonable notice of the charge against him and an opportunity
to be heard in person or by counsel and to present testimony
in his defence. Such order shall specify the cause of removal, and
an appeal shall lie therefrom, of right to the corporation court of
the city. The mayor, when he has made such a suspension or removal,
shall report the facts with the reasons for his action to the
next regular meeting of the council. (Id., § 45.)

Sec. 71. Prohibiting certain theatrical performances.

The mayor or council may prohibit any theatrical or other performance,
show or exhibition within the city or a mile of its corporate
limits, which may be deemed injurious to morals or good
order. (Id., § 47.)

Sec. 72. Removal from office.

The corporation court of the city may remove the mayor from
office for malfeasance, misfeasance or gross neglect of official duty
and such removal shall be deemed a vacation of the office. All
proceedings under this section shall be by order of or by motion
before said court, upon reasonable notice to the party to be affected
thereby, and with the right of said mayor of an appeal to the supreme
court of appeals. (Id., § 48.)

Sec. 73. Vacancies.

In the event of the death, resignation or removal of the mayor,
or his inability to discharge his duties from some other cause, his
place shall be filled and his duties shall be discharged by the vice-president
of the council until another mayor is elected and qualified,
or until such inability shall cease. A vacancy in the office of
the mayor shall be filled as provided for in section 7 of the charter.
(Id., § 49.)

Article III. City Manager.

Sec. 74. Election; term; compensation; removal.

The council shall elect on September 1st, or as soon thereafter
as is practicable, for a term of one year, a business manager, to be
known as city manager, at a salary to be fixed by the council. Said
city manager may be removed from office by said council at its
discretion. (Code 1932, § 51.)

Sec. 75. Powers and duties generally.

Subject to the supervision, direction and control of the council
and mayor, the city manager shall:

(1) See that the laws, ordinances, resolutions and by-laws of
the council are satisfactorily executed, except as hereinafter provided.

(2) Keep the council fully advised of the city's financial condition
and of its future financial needs, and make such reports
upon the affairs of the city as may be required of him by the
council.

(3) On or before the 31st day of March in each year the city
manager shall prepare and submit to the council a tentative budget
for the next fiscal year. Such budget shall contain a complete
itemized and classified plan of all proposed expenditures and all
estimated revenues and borrowings for the ensuing appropriation
year, and shall indicate thereon which expense items are fixed expenditures.
Opposite each item of the proposed expenditures, the
budget shall show in separate parallel columns the amount appropriated
for the preceding appropriation year, the amount expended
during that year, the amount appropriated for the current appropriation
year, and the increases and decreases in the proposed expenditures
for the ensuing year as compared to the appropriation
for the current year. This budget shall be accompanied by an
itemized and complete financial balance sheet at the close of the
last preceding appropriation year, and a copy of the last director
of finance's monthly report as provided in section 118 of this chapter.

(4) Have full power to employ and discharge city employees,
but not officers or members of the police force, and except as may
be otherwise provided for by the council. He shall fix the salaries
of all persons employed by him whose yearly compensation is not
more than $2,000.00. Where the compensation exceeds $2,000.00
per year it shall be fixed by the council before such person is employed.

(5) The city manager, under the direction of the mayor and
council shall be the executive officer for supervising all the business
affairs of the city including the building, maintenance and
operation of all public works; necessary purchases for the various
departments; the work of the heads of the various departments
and city employees.

He shall give general supervision to all streets, grounds, buildings,
water and gas work, sewers, and all other property belonging
to the city and cause to be made such surveys and estimates
as the council or mayor may direct. (Id., § 52.)

Sec. 76. Creation, consolidation and abolition of departments.

The city manager may, in order to promote the efficient operation

of the affairs of the city under his management and control,
create new departments, and consolidate or abolish existing departments.
(Id., § 127; Ord. Feb. 16, 1942.)

Sec. 77. Custody of city property.

Except as otherwise provided, the city manager shall have
charge of and be custodian of all real and tangible personal property
of the city. (Code 1932, § 54.)

Sec. 78. Insuring city buildings.

The city manager shall keep all city buildings insured for such
amounts as may be approved by the finance committee. (Id.)

Sec. 79. Preparing and keeping maps and records.

The city manager shall cause to be kept on file as property of the
city all maps showing: (1) The location of all public streets and
the extent to which they have been paved, macadamized or graded,
and the grades of the same when established; (2) Location and
dimensions of all culverts and sewers, water and gas mains.

He shall cause to be prepared and kept on file maps and records
of such improvements as may be made in the future. He shall
cause to be made and kept a record of the location and dimensions
of all sewers, water and gas mains not shown on the existing maps
and records as the same may be discovered. (Code 1932, § 55.)

Sec. 80. Inspection of poles carrying wire; defective and
dangerous poles.

The city manager shall cause to be made such inspections as he
may deem necessary of all telegraph, telephone and other poles
carrying wire, erected within the corporate limits of the city and
if any pole be found to be defective or dangerous from any cause,
he shall notify the person owning such pole and he shall forthwith
replace the same with a sound pole; and if such owner neglects or
refuses to replace such defective pole within twenty-four hours
after receiving such notice, the person so offending shall be fined
five dollars for each and every day during which said neglect or
refusal shall continue. (Id., § 56.)

Article IV. City Treasurer.[2]

Part 1. In General.

Sec. 81. Election; term; oath.

The treasurer's election, term and oath shall be as fixed by the
state laws except as modified by the council. (Code 1932, § 93.)

Sec. 82. Office.

The treasurer shall keep his office in such place as provided for
him by the council. (Id.)

Sec. 83. Compensation.

The treasurer shall receive compensation within the limits provided
by the statutes of the State of Virginia. (Code 1932, § 117;
Ord. April 1, 1935.)

Sec. 84. Custodian of funds.

The treasurer shall be custodian of all city funds and he shall
receive all taxes and other revenues and moneys which it is his
duty to collect from persons owing the same to the city, or which
it is the duty of other officers of the city to collect and pay over to
him. (Code 1932, § 93.)

Sec. 85. Custodian of bonds, notes, etc.

The treasurer shall be the custodian of all bonds, notes, choses
in action and other like assets of the city. (Id., § 98.)

Sec. 86. Books, stationery and equipment.

The council shall, at the expense of the city, provide for the
treasurer suitable books and stationery, appropriate cases and
other furniture for the safe and convenient keeping of all books,
documents and papers in his custody, and also such other office
equipment and appliances, including typewriters and adding machines,
as in its judgment may be reasonably necessary for the
proper conduct of his office. (Id., § 94.)

Sec. 87. Record of receipts and disbursements.

The treasurer shall keep a record of all receipts and disbursements
in a manner as may be prescribed by the council and the director
of finance. (Id., § 95.)

Sec. 88. Manner of making disbursements.

The treasurer shall pay no money out of the treasury except
on the warrant of the director of finance, duly countersigned by
the mayor or acting mayor. (Id., § 96.)

Sec. 89. Records, etc., open to inspection by certain
persons.

All records, funds and accounts of the city shall be open to the
inspection of the mayor, members of the council, director of finance,
city manager, city attorney and such other persons as the
council may direct. (Id., § 97.)

Sec. 90. Placing funds on certificates of deposit, etc.

When directed so to do by the chairman of the finance committee,
the treasurer shall place funds of the city on certificates of deposit
or interest-bearing deposit in any of the banks of the city
approved by the council until such time as said funds are necessary
to meet the city's obligations. (Id., § 99.)

Sec. 91. City depositories.

The funds of the city, including funds held by the treasurer as
treasurer of the sinking fund commission, shall be deposited to the
credit of the city or to the credit of the sinking fund commission,
as the case may be, by the treasurer in such banks as the council
may direct and such banks shall secure such deposits in such manner
as the council may determine. The sufficiency of securities
deposited by such banks to secure said deposits shall be subject
to the approval of a committee consisting of the finance committee,
director of finance and the treasurer. (Id., § 100; Ord. March
2, 1942.)

Sec. 92. Receipt and disbursement of school funds.

All taxes, levies and other sums received by the treasurer for
public school purposes shall be credited by the treasurer to the
order of the school board of the city and paid out by him on warrants
of said board. Such warrants are to be signed by the clerk
of the board and countersigned by the chairman thereof. All such
moneys shall be deposited to the credit of the school board of the
city. (Code 1932, § 101.)

Sec. 93. Daily reports.

The treasurer shall report to the director of finance daily, on
forms prescribed by the director of finance, all collections for the
preceding day showing the source from which said funds are derived,
and such other reports as are or may be required of the
treasurer by law or by the council. (Id., § 102.)

Sec. 94. Withholding wages of officers and employees.

The treasurer shall not pay the wages to any officer or employee
of the city who may be indebted to the city unless the amount of
the indebtedness shall be less than the amount of wages due, in
which case he may pay over the excess. (Id., § 103.)

Part 2. Collection of Taxes, etc.

Sec. 95. Duty of treasurer.

It shall be the duty of the treasurer to collect all taxes, assessments
and penalties and such other income and revenue as he may
be required to collect by the council. (Code 1932, § 104.)

Sec. 96. Mailing bills to taxpayers.

The treasurer shall, as soon as may be possible in each year, not
later than December first, send by United States mail to each taxpayer
assessed with as much as two dollars in taxes for that year,
as shown by the books in his office, a bill for such taxes in the
form prescribed by the state department of taxation. (Id., § 107.)

Sec. 97. Tax tickets.

It shall be the duty of the treasurer to make off from the books
of the commissioner of revenue, for each taxpayer shown therein,
a tax ticket according to forms prescribed by the state department
of taxation. Upon collecting such tax, he shall deliver to the taxpayer
such tax ticket showing plainly the date of payment. (Id.,
§ 106.)

Sec. 98. Right of distress, levy and garnishment.

For the purpose of collecting taxes, assessments and other dues
to the city, the treasurer shall have the rights of distress, levy, lease
and garnishment as provided by the state law. All property subject
to levy to satisfy taxes due to the state may be taken to satisfy
taxes due to the city. (Id., § 105.)

Sec. 99. Sale after levy or distraint.

When it becomes necessary for the treasurer to levy or distrain
upon the property of any delinquent taxpayer, the same shall be
sold at public auction (unless the claim is satisfied prior to sale)
on the premises of said taxpayer, or at such public place as the
treasurer may deem best to secure a fair price for such property.
From the proceeds of such sale he shall satisfy the tax due the
city and all costs of collection and shall pay the residue over to the
said delinquent taxpayer, taking his receipt therefor. (Id.)

Sec. 100. When taxes due.

The treasurer shall commence to receive taxes as soon as he receives
copies of the commissioner's book and shall continue to receive
the same up to and including the fifth day of December of
each year. (Code 1932, § 108; Ord. Nov. 19, 1934.)

Sec. 101. Penalties.

Any person failing to pay taxes on or before the fifth day of
December shall incur a penalty thereon of one percentum and a
like penalty on the sixth day of each of the four succeeding months
thereafter, provided said tax shall remain unpaid, which shall be
added to the amount of taxes when due from such taxpayer.
Such taxes and penalties, when collected by the treasurer, shall be
accounted for in his settlements.

An additional penalty of five percentum shall be collected upon
all taxes which may have heretofore not been paid or may hereafter
remain unpaid, after the fifteenth day of June in the year
next succeeding that in which such taxes have been or may have
been or may be assessed. Such additional penalty shall be computed
upon the taxes and the prior penalty of five percentum; and
interest at the rate of six percentum per annum shall be collected
upon the principal and penalties of said taxes from the sixteenth
day of June in the year after which such unpaid taxes were assessed,
which penalties and interest shall be collected and accounted

for by the treasurer along with the principal of such taxes. (Code
1932, §§ 108, 109; Ord. Nov. 19, 1934.)

Sec. 102. Calling on persons failing to pay taxes; collection
by distress, etc.

It shall be the duty of the treasurer after the fifth day of December
to call upon each person chargeable with taxes who has
not paid the same prior to that time, or upon the agent, if any, of
such person resident within the city, for the payment thereof, and
upon failure or refusal of such person or agent to pay the same, he
shall proceed to collect them by distress or otherwise. (Code 1932,
§ 108; Ord., Nov. 19, 1934.)

Sec. 103. Persons about to leave city.

Should it come to the knowledge of the treasurer that any person
owing taxes is moving or contemplates moving from the city
prior to the fifth day of December, he shall have the power to
collect the same by distress or otherwise at any time after bills
shall have come into his hands. (Id.)

Sec. 104. Lists of uncollectible taxes and delinquents.

The treasurer after ascertaining which of the taxes and levies
assessed can not be collected, shall, not later than the first day of
August in each year, make out lists as follows:

(1) A list of real estate on the commissioner's land book improperly
placed thereon or not ascertainable, with the amount of
taxes and levies charged thereon.

(2) A list of other real estate which is delinquent for the nonpayment
of the taxes and levies thereon.

(3) A list of such of the taxes and levies assessed on tangible
personal property, machinery and tools, and merchants capital or

other subjects, segregated for local taxation exclusively, except
real estate, as he is unable to collect. (Code 1932, § 110.)

Sec. 105. Same—To speak as of June thirtieth; form;
oath.

The lists mentioned in section 104 of this chapter shall speak as
of June thirtieth of each year—that is to say, such lists shall conform
to the facts as they existed on such date.

Such lists and also, except as herein provided, the form of the
oath to be taken by the treasurer by which each list shall be verified
shall be as prescribed by the State Department of Taxation. The
oath shall declare that the treasurer verily believes that no part of
the taxes embraced in such lists has been or could have been collected
by him. But the treasurer, in returning the list of real estate
mentioned in paragraph (2) of section 104, shall, at the foot
of such list, subscribe the following oath:

"I, . . . . . . . . . . . . . . . . . . , treasurer of the City of Charlottesville,
do swear that the foregoing list is, I verily believe, correct
and just, that I have received no part of the taxes or levies for
which the real estate therein mentioned is returned delinquent,
and that, although I have used due diligence to collect said taxes
and levies, no part of said taxes and levies has been collected by
me." (Id., § 111.)

Sec. 106. Same—Submitting to council; allowance of
credit to treasurer, etc.

A copy of each of the three lists mentioned in section 104 shall
be submitted by the treasurer to the council. Such lists shall be
submitted at the first meeting of the council held after the treasurer
shall have completed the lists.

The council or a committee thereof, together with the director of
finance and commissioner of revenue shall examine said lists and
if the same are found correct, the director of finance shall allow

the treasurer credit for the amounts thereof, in his annual settlement
which shall be made as of the first of July in each year; but
if such lists, or any of them, be found incorrect, credit shall be
allowed for only so much thereof as is correct. The director of
finance shall deliver a copy of the first of said lists to the commissioner
of revenue who shall correct his books accordingly. (Id.,
§ 112.)

Sec. 107. Same—Advertising lists of delinquent real
estate and personal property taxes.

The council shall cause such lists mentioned in paragraphs (2)
and (3) of section 104, or such parts thereof as may be deemed
advisable, to be published for two successive weeks in a newspaper
in the city, or in handbills to be posted generally throughout the
city, and at the front door of the courthouse for a period of thirty
days. (Id.)

Sec. 108. Same—Transmitting list of delinquent lands
to clerk of corporation court; recordation;
reports of collections.

A certified copy of the list mentioned in paragraph (2) of section
104 shall be transmitted by the treasurer to the clerk of the
corporation court not later than the first day of August in each
year, and such clerk shall forthwith record such list in a book to
be kept for the purpose, indexing the same in the name of the persons
against whom such taxes on real estate are assessed.

All officers thereafter collecting any such delinquent taxes on
real estate shall at least monthly transmit to such clerk a list of
such collections under oath, and such clerk shall record and index
such list of payments as provided by law. (Id., § 113.)

Sec. 109. Continuing collection of delinquent taxes for
one year.

The treasurer shall continue to collect the taxes shown on the
delinquent lists for one year following June thirtieth of the year
as of which such delinquent lists speak. (Id., § 114.)

Sec. 110. Resubmission of lists to council; subsequent
collections.

At the expiration of one year following June thirtieth of the
year as of which such delinquent lists speak, the treasurer shall
again submit a copy of each of the lists mentioned in paragraphs
(2) and (3) of section 104 to the council at its first meeting held
after the expiration of such year. Such lists so resubmitted shall
show the changes which have occurred since June 30th of the preceding
year, and the treasurer shall continue his efforts to collect
the then unpaid taxes upon the real estate included in the list mentioned
in paragraph (2) of section 104 until said real estate shall
be sold under the provisions of section 2460 of the Code of Virginia.

The council may authorize and require the treasurer to continue
to collect the delinquent taxes included in the list mentioned in
paragraph (3) of section 104 for an additional period of two years,
or may place the same in the hands of the sergeant for collection,
or employ a delinquent tax collector to make such collections,
upon such terms as may be agreed upon. Such officer or collector
shall have all the power and authority to enforce collection by levy,
distress or otherwise, as the treasurer has under the law.

When any such collections shall be made by such officer or collector
the same shall be reported by him to the council and the
money shall be paid over to the treasurer who shall be held accountable
therefor. All lists of uncollected taxes shall be returned
by such officer or collector to the council, which shall deliver them
to the treasurer, who shall thereafter be held accountable for any
collections thereunder. (Id.)

Sec. 111. Sale of delinquent lands.

The treasurer shall give notice and sell the real estate shown on
the delinquent lists, unless the taxes thereon and the costs be paid
to him before the sale, in the manner provided by statute for the
sale of lands for delinquent taxes, subject to the right of redemption
and the right of any purchaser to obtain title to lands purchased,
as provided by law. (Code 1932, § 115.)

Article V. Director of Finance.

Sec. 112. Election; term.

The council shall elect one director of finance who shall hold his
office for two years and be removable at the will of the council.
(Code 1932, § 70.)

Sec. 113. Powers and duties generally.

The director of finance shall superintend the fiscal affairs of the
city, and shall manage the same in the manner required by the
council.

He shall have the supervision of the fiscal affairs of all departments
and officers of the city, who shall collect, receive or disburse
the public moneys, or who are charged with the custody or management
thereof, and may, at any time, require from any of them
an account in writing of any or all moneys or property of the city
intrusted to them or under their control; and he shall immediately,
upon the discovery of any default, irregularity or delinquency, report
the same to the council. He shall have power to prescribe
the form and manner of keeping all said accounts unless otherwise
provided by state law.

The director of finance shall perform such other duties as are
or may hereafter be required of him by the council. (Id., §§ 71,
73, 81.)

Sec. 114. Keeping books, etc.; making suggestions to
council; reports.

The director of finance shall keep a regular set of books, in
which shall be opened and kept as many accounts under appropriate
titles as may be necessary to show distinctly all the estate and
property, whatsoever, real and personal, vested in the city by law
or otherwise, and of trusts in the care of the same; all funds due
and owing by the city; all receipts and expenditures in the various
departments of the city government, and all appropriations made
by the council and the sums expended under the same, respectively.
He shall from time to time, as often as he may deem necessary, or
the council may direct, suggest plans to the council for the management
or improvement of the finances of the city. He shall
make such reports as are required of him by state law. (Id.,
§ 72.)

Sec. 115. Employees of director.

In the performance of the duties imposed upon the director of
finance he shall have the power to employ such persons as may be
necessary and to fix the salaries of such persons and to require
such bond as he may think proper, subject, however, to the approval
of the council, and the persons so employed shall be directly
responsible to the director of finance. (Ord. Sept. 20, 1943.)

Sec. 116. Collection of revenues; keeping accounts; delivering
moneys to treasurer.

The director of finance shall collect all revenues of the city and
moneys from persons owing the same to the city except property
taxes, business, professional and occupational license taxes.

The director of finance shall keep an accurate account of all
collections made by him and shall deliver the moneys collected by
him daily to the city treasurer, together with a statement showing
the sources from which these funds were derived. (Id.)

Sec. 117. Collection of gas and water bills; list of delinquents;
cutting off supply.

The director of finance shall cause all gas and water meters to
be read and shall notify each debtor of the amount of water and
gas bills due by such debtor to the city and that the amount is due
and payable not later than the fifteenth day after the bill is rendered.
He shall supply the superintendent of public utilities with
a list of delinquents and it shall be the duty of the superintendent
to immediately discontinue the gas or water services of such delinquents
as provided in chapter 14, section 7, and chapter 31, section
5, respectively, but the furnishing of such list of delinquents,
as aforesaid, shall not relieve the director of finance of the responsibility
of the collection of said delinquent bills. (Id.)

Sec. 118. Monthly reports of receipts and disbursements.

The director of finance shall prepare, as soon after the close of
each month as may be practicable, a statement showing the receipts
and disbursements for the previous month. Said statement
shall show under disbursements in separate parallel columns the
amount estimated in the budget, the amount appropriated, the
amount expended during the preceding month, the amount expended
to date, for the current fiscal year and the unexpended balance
or deficit of each appropriation. And under receipts shall
show the amount estimated in the budget, the amount collected
during the current month, the amount collected to date and the
balance anticipated or overage based upon the budget estimate.
He shall furnish a copy of the same to each member of the council
and the city manager. (Code 1932, § 79.)

Sec. 119. Quarterly reports; publishing.

The director of finance shall, on or before the twenty-fifth day

of July, October, January and April in each year, prepare and
publish in a newspaper published in the city a condensed statement
of the condition of the city's finances as of the end of the previous
quarter, consisting of a statement of the receipts and disbursements
for so much of the fiscal year as may then have expired, and
a balance sheet. (Id., § 74; Ord. Sept. 3, 1940.)

Sec. 120. Annual reports.

The director of finance shall make out and deliver to the council,
within thirty days after the close of each fiscal year, a full and detailed
statement of all receipts and expenditures during said year.
Said report shall be accompanied by a statement showing under
disbursements the amount estimated in the budget, the amount of
appropriations, the amount expended, and the balance or deficit in
the account as compared with the budget estimate for each department
of the city, and under receipts shall show the amount estimated
in the budget, the amount received during the fiscal year
and the balance anticipated and such information as the council
may direct. The items shown shall conform to the classification
in the annual budget, and said report shall be spread upon the
journal upon adoption by the council. (Code 1932, § 75.)

Sec. 121. Examination of claims; drawing of warrants,
etc.

The director of finance shall examine all claims and demands
for or against the city, and no money shall be drawn from the
treasury or paid to any person, unless the balance so due or payable
be first audited, adjusted or determined by the director of
finance. All accounts so audited and approved by the director of
finance shall be paid by drawing his warrant on the treasurer,
countersigned by the mayor, stating to whom payable, on what
account, and the particular appropriation from which the same is
payable, and no money shall be drawn from the treasury except
upon the warrant of the director of finance as aforesaid. In no
other case shall any warrant be drawn by the director of finance
for the payment of money unless the same is authorized by some
ordinance or resolution of the council, making a special appropriation

to the person or department in whose behalf the same is
drawn. (Id., § 76.)

Sec. 122. Drawing warrants for salaries and wages;
checks to employees; deductions.

Upon the last day of each month or not more than five days
prior thereto, the director of finance shall draw a warrant to each
officer and employee of the city who receives a fixed annual salary
for a sum equal to one-twelfth part of such salary.

The director of finance shall issue weekly a warrant for the
amount of payrolls submitted by the various departments for all
employees receiving their wages weekly, and the proceeds of said
warrant shall be deposited in a special account entitled "Payroll
Account." Checks to the several employees for the amount of
their respective wages less any deductions authorized by the employee
with the consent of the director of finance and any deductions
required to be made by the city on account of taxes shall be
drawn, signed by the director of finance and the treasurer, and
checks similarly signed shall be drawn for the disbursement of
amounts deducted as herein set forth. (Id., § 77; Ord. Dec. 21,
1942.)

Sec. 123. Fixing payday.

The director of finance is hereby authorized and directed to fix
a payday on which all persons having claims against the city will
be entitled to receive their warrants. (Code 1932, § 78.)

Article VI. City Attorney.

Sec. 124. Election; qualification; term.

The council shall elect an attorney for the city, who shall have
been admitted to practice in the courts of the commonwealth. He
shall hold office for a term of two years and be removable at the
discretion of the council. (Code 1932, § 57.)

Sec. 125. Powers and duties generally.

The city attorney shall have the management, charge and control

of all law business of the city, and be the legal adviser of the council,
or any committee thereof, city officers, and of the several departments
of the city government, and when required shall furnish
written or verbal opinions upon any subject involving questions of
law submitted to him by them, or any of them.

It shall be the duty of the city attorney to draft all bonds, deeds,
obligations, contracts, leases, conveyances, agreements or other
legal instruments of whatever nature which may be required of
him by any ordinance or order of the council or any committee
thereof, or which may be required by any person contracting with
the city in its corporate capacity, and which, by law, usage or
agreement, the city is to be at the expense of drawing. It shall
also be his duty to commence and prosecute all actions and suits
to be brought by the city before any tribunal in the city or State
of Virginia, whether in law or in equity; and also to appear and
defend and advocate the rights and interests of the city, or any of
the officers thereof, in any suit or prosecution for any act in the
discharge of their official duties, wherein any estate, right, privilege,
ordinance or act of the city government may be brought in
question, and when the mayor shall direct the prosecution for a
nuisance, he shall appear for the prosecution when the case shall
come into the corporation court and shall perform such other duties
as are or may be required of him by any ordinance or resolution
of the council.

It shall be the duty of the city attorney to assist in the prosecution
of all cases arising under the zoning ordinance, building code
and license ordinances when directed by the council or requested
so to do by the city manager. (Id., §§ 58, 59.)

Sec. 126. Accounting for and paying over city funds.

The city attorney shall promptly account for and pay over to
the director of finance any and all funds belonging to the city,
collected or received by him, and shall at the time of turning over
such money to the director of finance, or immediately thereafter,

furnish said director of finance with an itemized statement showing
from whom and for what account said money was received.
(Id., § 59.)

Sec. 127. Reporting to council on condition of civil cases.

At the close of each fiscal year, the city attorney shall submit
to the council a written report showing the state and condition of
all the civil cases pending in which the city is interested. (Id.)

Sec. 128. Attending meetings of council and committees.

It shall be the duty of the city attorney to attend all meetings of
the council, unless excused by the presiding officer. He shall attend
all meetings of the committees of the council when notified
so to do by any member of such committee or by the clerk of the
council. (Id.)

Sec. 129. Drafting resolutions and ordinances; inspection
of journal and ordinance book.

The city attorney shall prepare a draft of all resolutions and
ordinances to be submitted to the council, and shall inspect all matter
spread upon the journal and ordinance book before the same
is signed. (Id.)

Sec. 130. Salary to be in full compensation for services;
traveling expenses.

The salary of the city attorney shall be in full compensation of
his services. When the duties of his office require his attendance
out of the city, his reasonable traveling expenses shall be allowed
him. (Code 1932, § 60.)

Article VII. City Purchasing Agent.

Sec. 131. Election; term.

There shall be elected by the city council a city purchasing agent
for a term of two years who shall be removable at the discretion
of the council. (Code 1932, § 63.)

Sec. 132. Powers and duties generally.

The city purchasing agent shall make purchases of every kind
and character necessary, for or on behalf of the city. He shall
perform such other duties as may be required of him by the council.
(Id., §§ 64, 69.)

Sec. 133. Purchases made only upon agent's order; exception.

No purchases shall be made except upon the written order of the
purchasing agent, or his duly authorized agent, except when specially
authorized by the council, or as otherwise provided by law.
(Id., § 64.)

Sec. 134. Requisitions for supplies; forms; approval.

All officers or department heads of the city, or other persons in
the employ of the city, entitled to and needing materials, supplies,
printing or other articles of merchandise or equipment in the operation
of their respective departments and for the transaction of
the business of the city shall make requisition for the same to the
city purchasing agent on such forms and in such manner and at
such time as the city purchasing agent may prescribe, and all such
requisitions must be approved by the city manager. (Id., § 65.)

Sec. 135. Sufficient appropriation necessary to furnishing
supplies.

The city purchasing agent shall not furnish any supplies for any
department of the city unless there be to the credit of such department
on the books of the director of finance an available appropriation
sufficient to pay for such supplies. (Id., § 66; Ord. Sept. 21,
1936.)

Sec. 136. Bids for purchases in excess of one hundred
dollars; specifications to bidders.

Before making any purchase in an amount in excess of one hundred

dollars, the city purchasing agent shall, when practicable, give
notice for bids. Whenever practicable, the city purchasing agent
shall furnish standard specifications to the bidders. (Id.)

Sec. 137. Sales of material and personal property.

It shall be the duty of the city purchasing agent to make sales of
material or personal property of the city, authorized to be sold, and
he shall keep an accurate account thereof in his office, from which
he shall report in detail such sales to the director of finance and all
moneys derived from the sale of such property, so far as practicable,
shall be collected by the director of finance. (Code 1932,
§ 67.)

Sec. 138. Signing contracts covering purchases and sales.

The city purchasing agent shall sign all contracts covering purchases
or sales of supplies which he is authorized to make, except
as otherwise provided by the council. (Id., § 68.)

Article VIII. Attorney for the Commonwealth.

Sec. 139. Term, duties and compensation generally.

The term of office, duties, compensation, etc., of the attorney
for the commonwealth shall be the same as those prescribed for
him by the laws of the state, except as modified by the council.
(Code 1932, § 82.)

Sec. 140. Additional duties.

In addition to the duties prescribed in section 139, it shall be the
duty of the attorney for the commonwealth to represent the city in
the prosecution of all cases arising under criminal and quasi criminal
ordinances, including those under the zoning ordinance, building
code and license ordinances. (Id., § 83.)

Sec. 141. Calling upon city attorney for assistance.

The attorney for the commonwealth may call upon the city attorney
to assist him in all cases in which the construction, interpretation
or validity of a city ordinance is involved. (Id.)

Article IX. Commissioner of Revenue.

Sec. 142. Election; city assessor; vacancy in office; bond.

The commissioner of revenue shall be elected at such time and
in such manner as is or may hereafter be fixed by law. He shall be
the assessor of the city in accordance with the constitution and
laws of the Commonwealth of Virginia and with the ordinances,
rules and regulations of the city council not inconsistent therewith.
Any vacancy arising in said office shall be filled in accordance with
the laws of the state. He shall give bond in such a sum as the
council may require. (Code 1932, § 84.)

Sec. 143. Compensation.

The commissioner of revenue shall receive such compensation
as is provided by the statutes of the State of Virginia. (Id., § 92;
Ord. April 1, 1935.)

Sec. 144. When to begin duties.

It shall be the duty of the commissioner of revenue annually on
the first day of January of each year to begin and proceed without
delay to ascertain the value of all real estate and personal property
and list all other property of whatever character, based upon the
last general reassessment made prior to such year, subject to such
changes as may have been lawfully made, and any other means
provided by law, subject to taxation and license, and to otherwise
discharge the duties of his office as prescribed by the laws of the

state, the charter and ordinances of the city and the rules and regulations
of the city council. (Code 1932, § 85.)

Sec. 145. Duties generally; office; books and papers.

The commissioner of revenue shall perform all the duties in relation
to the assessment of property for the purpose of levying the
city taxes that may be ordered by the council. He shall keep his
office in some convenient place in the city, which shall be provided
by the city and shall keep therein such books, schedules and records
and in such manner as the city council or the director of finance
may direct and prescribe, which books, records and other papers
shall be subject to the inspection and examination of the mayor,
members of the council, or any committee thereof, the director of
finance, the city attorney and the city treasurer. (Id., § 86.)

Sec. 146. Books, forms, etc., to be used; city to furnish
books, forms, stationery, etc.

The commissioner of revenue shall use the land and personal
property books, and other tax books and forms sent him by the
state department of taxation as provided by law, unless lawful
changes in such books and forms are directed by the council, in
which case he shall use the books and forms prescribed and furnished
by the city. He shall be furnished by the city with all other
books, forms and all necessary printing, stationery, office supplies
and equipment for the proper conduct of his office. (Id., § 87.)

Sec. 147. Assessment of personal property — Listing
governed by state law.

In ascertaining what personal property is to be listed for taxation,
who is to list the same, and when and how it is to be listed,
the provisions of the laws of the State of Virginia shall be followed.
(Id., § 89.)

Sec. 148. Same—Lists of valuations to be furnished by
and returned to commissioner.

The commissioner of revenue shall furnish to each person forms
for lists of valuations as provided for by state laws, who shall
within the time and in the manner therein mentioned, make out
and deliver to the commissioner sworn statements of all personal
estate, moneys, contracts and credits which such person is required
by the laws of Virginia and this chapter to list. (Id.)

Sec. 149. Same—Revaluation of property.

If the commissioner of revenue is not satisfied with the taxpayer's
valuation of property, he may upon his own view, or such
information as he may obtain or possess, adopt what he deems a
fair and proper valuation thereof; provided, that where it is practicable
he shall give an opportunity to the taxpayer to be heard before
his books are returned as hereinafter provided. (Id.)

Sec. 150. Same—Penalty for failure to make return;
refusal to exhibit property.

If any person shall fail within the time mentioned in this chapter
to deliver the lists in the manner prescribed therein, he shall
be fined not exceeding ten dollars. If any person shall refuse to
exhibit to the commissioner of revenue any property listed or required
by this chapter to be listed by him, in order that a fair valuation
thereof may be assessed, he shall pay a fine of not less than
twenty nor more than one hundred dollars. (Id.)

Sec. 151. State law followed as to land and personal
property books.

The land and personal property books shall be made up, examined,
certified and delivered as provided by the laws of the
Commonwealth of Virginia. (Code 1932, § 90.)

Sec. 152. Assessment when lot subdivided.

When a lot becomes the property of different owners in several
parcels, the value at which the whole had been assessed shall be

distributed among the several parcels having regard to the value
of each parcel compared with that of the whole lot. (Id., § 88.)

Sec. 153. Licenses and license taxes—Assessing and
issuing.

It shall be the duty of the commissioner of revenue to assess the
taxes on licenses, and to issue license to carry on or practice any
business, trade or profession for which a license is required. In
assessing the taxes on and issuing licenses, he shall be guided by
the laws in force for the assessment of license taxes for the state,
except where it is otherwise provided by an ordinance of the city.
(Id., § 91; Ord. March 11, 1935.)

Sec. 154. Same—Failure to pay when due; penalty.

Any person failing to pay a license tax on the date fixed by the
annual license tax ordinance shall be subject to a penalty of five
per centum of the amount of the license tax then due, and such
penalty shall be assessed and paid along with the license tax and
shall become a part of the license tax. (Id.)

Sec. 155. Same—Commissioner to report delinquents to
mayor.

It shall be the duty of the commissioner of revenue to report in
writing to the mayor each month all cases of default as soon as
they come to his knowledge, and if there be no default, he shall so
report. (Id.)

Sec. 156. Same—Mayor to cause delinquents to be summoned
before court.

It shall be the duty of the mayor immediately upon receipt of
such report to detail a policeman and cause such delinquents to be
summoned before the civil and police justice to show cause why
they should not be fined under the provisions of the license tax
ordinance. (Id.)

Article X. Sinking Fund Commission.

Sec. 157. Members.

For the purpose of managing, preserving and applying the sinking
fund required to be created by the charter and the ordinances
of the city, the mayor, chairman of the finance committee of the
council, director of finance and treasurer shall constitute a board
to be called the sinking fund commission. (Code 1932, § 129.)

Sec. 158. President and secretary; keeping journal; preserving
books and papers.

The mayor shall be the president, and the director of finance the
secretary, of the board. The secretary shall keep a correct journal
of the proceedings of every meeting, to be signed by himself and
the president, and shall preserve all books and papers of the board
in his office. (Id., § 130.)

Sec. 159. City treasurer to keep account and be custodian
of funds.

The city treasurer shall keep an account of and shall be the custodian
of all moneys, bonds and other evidences of debt belonging
to the sinking fund. (Id., § 131; Ord. Dec. 21, 1942.)

Sec. 160. Setting apart sinking fund.

The council shall set apart from the resources of the city such
proportion of its annual revenues as will be sufficient to meet each
issue of sinking fund bonds either heretofore or hereafter issued
as the same shall become due. Said fund shall be set apart, one-half
on the first day of January of each year, and the other half
on the first day of July of each year, and shall be placed to the
credit of the sinking fund commission. The fund thus set apart
and invested, together with the annual interest and profits therefrom,
shall be called the sinking fund, and shall be kept for, and is
hereby dedicated to, the payment of the bonded debt of the city,

and shall not be applied by the council to any other purpose.
(Code 1932, § 132.)

Sec. 161. Investment of funds; redemption of city debts.

The commission shall apply all appropriations, interest and
profits from any bonds held by them to the purchase of bonds or
certificates of debt of this city, or of this state, or of the United
States, or of some other state of this union, or any other securities
which under the laws of the State of Virginia are designated and
approved for the investment of fiduciary funds. The accrued interest
on said securities shall be collected by the treasurer when
due, and deposited to the credit of the sinking fund. All such securities,
or reinvestments of same, and the interest thereon, shall
be reinvested according to the provisions of this section, until some
part of the city debt shall become due, when, unless some other
provisions be made by the council, such securities, so far as may
be necessary, shall be sold and the proceeds applied to the payment
of such matured part of the city debt. (Id., § 133; Ord. Jan.
20, 1936.)

Sec. 162. Annual report.

The sinking fund commission shall, through the treasurer, not
later than the 31st day of each July, make a report of the condition
of the sinking fund to the council. Said report shall state the cash
receipts for the year, in detail, an itemized list of bonds bought or
sold, with price paid or received, and a detailed list of all securities
held by said commission. Said report shall be audited and approved
by the secretary of the sinking fund commission before it
is presented to the council. (Id., § 134; Ord. Dec. 21, 1942.)

Sec. 163. Disbursements.

All disbursements by said commission shall be by warrant of the
secretary, countersigned by the president of the board, drawn on
the treasurer. (Id., § 135; Ord. Dec. 21, 1942.)

Sec. 164. Safety deposit box; who to be present when
opened.

The bank safety deposit box of the sinking fund commission
shall be opened only in the presence of the treasurer, or his deputy,
and one member of the sinking fund commission other than
the treasurer. (Code 1932, § 136.)

Article XI. Officers and Employees Generally.[3]

Sec. 165. Officers elected by council; term; vacancies.

There may be elected by the council such officers and clerks as
said council deems proper and necessary and any one or more of
said offices may be held and exercised by the same person. Unless
otherwise specially provided, every municipal officer elected
by the council shall hold his office for a term of two years and be
removable at the will of the council. The term of all officers so
elected shall commence as soon as they have qualified and given
bond as required. Vacancies occurring in such offices shall be
filled by the council as soon as practicable. All persons elected
to fill a vacancy shall hold office only during the unexpired term
of the office in which such vacancy occurs. Any officer elected
by the council shall hold office until his successor shall have been
elected and shall have qualified and given bond unless he be sooner
removed. (Code 1932, § 35.)

Sec. 166. Authority of officers appointed by council.

The officers of the city elected or appointed by the council shall,
during the time they are in office, have all the power and authority
of like officers of the state under its general laws, unless the same
be abridged or restricted by the council. (Id., § 43.)

Sec. 167. Compensation fixed by council; traveling expenses;
officers in arrears or default.

The salaries of all officers who shall receive stated compensation
for their services from the city shall be fixed by the council
except as otherwise provided. They shall be paid their reasonable
traveling expenses when the duties of their offices require their
attendance out of the city. No payment shall be made to any
officer who is in arrears to the city or in default in rendering any
account or report required of him. (Id., § 36.)

Sec. 168. Appointment of substitute during inability to
serve.

If any officer elected by the council be at any time unable, by
reason of sickness or other unavoidable cause, to discharge the
duties of his office, he may, in writing, appoint a substitute to act
for him during such inability, and he and his sureties shall be liable
for the conduct of such substitute while in office. No such appointment
shall be valid until ratified by the council, and approved
in writing by the surety on such officer's bond. Nothing herein
shall be construed to affect the right of the mayor to remove any
officer appointed by the council. (Id., § 37.)

Sec. 169. Removal by mayor or council.

For malfeasance, misfeasance, neglect of duty, incapacity or any
other good cause, the mayor or council may remove from office
any officer elected or appointed by the council. (Id., § 38.)

Sec. 170. Salary of suspended officers.

Any officer who shall be suspended by the mayor or council shall
forfeit his salary from the day of his suspension until he is reinstated
or discharged, and shall only receive the pro-rata part of
his pay for the time he may have actually served; provided,
however, if the suspension is not sustained, the officer so suspended
shall receive his pay in full the same as if no suspension had occurred.
(Id., § 39.)

Sec. 171. Superintendents of departments — Absence
from city.

The superintendents of such departments as require the regular
employment or working of a force of hands shall not be absent
from the city without the consent of the city manager. (Id.,
§ 40.)

Sec. 172. Same—Vacations.

A vacation of two weeks in each year shall be allowed the superintendents
of departments as above described without loss of pay,
at such time as will not be detrimental to the public service and as
may be agreed upon by the city manager. (Id.)

Sec. 173. Bonds—Amount.

The penalties of the official bonds of the following officers shall
be, respectively, as herein enumerated, to-wit:

                     

Mayor	$ 2,000.00
Treasurer	40,000.00
City manager	5,000.00
Director of finance	10,000.00
Clerk of council (if not otherwise bonded)	5,000.00
Chief of police	1,000.00
Meter readers of gas and water	1,000.00
Superintendent of cemeteries	1,000.00
Superintendent of public welfare	$ 2,000.00
Clerk of civil and police justice court	2,000.00
City Electrician	500.00

(Code 1932, § 41; Ords. Sept. 4, 1934, Jan. 20, 1936, Dec. 21,
1942.)

Sec. 174. Same—Guaranty companies.

Every official bond required by the city shall be given in such
guaranty company as will be satisfactory to the finance committee,
and shall be made payable to the city with conditions for the faithful
discharge of the duties of the office to which the person giving
it has been elected or appointed. (Id.)

Sec. 175. Same—Paid for by city.

All official bonds shall be paid for by the city. (Id.)

Sec. 176. Same—Failure to give.

Any person elected or appointed to any office who shall, for ten
days after the beginning of the term for which he was elected or
appointed, neglect to give such bond and security as may be required
of him, shall thereby vacate his office. (Id.)

Sec. 177. Same—Report by finance committee; bonds
filed with clerk of council.

The finance committee shall report to the council all official
bonds given as required by sections 173 to 176 of this chapter for
entry upon its journal and the bonds shall be filed in the office of
the clerk of the council. (Id.)

Sec. 178. Officers appointed by city manager.

There shall be appointed by the city manager, a city engineer, a
building inspector, a plumbing inspector, a city electrician and a
chief of the fire department, subject to the approval of the council.

There may be appointed by the city manager, with the approval
of the council, a superintendent of the gas department, a superintendent
of the water and sewer department, a superintendent of
the public service department, a superintendent of parks and cemeteries,
a superintendent of recreation and such other officials and
assistants as he may consider necessary for the proper conduct of
the affairs of the city under his management, and for which he is
responsible. One or more of such positions may be held and exercised
by the same person. These so appointed shall hold office at
the will of the city manager. (Code 1932, § 127; Ord. Feb. 16,
1942.)

Sec. 179. Same—Duties generally.

The officials appointed under section 178 of this chapter, as well
as the superintendent of public welfare, shall, in addition to the
duties fixed by ordinances and resolutions of the council, perform
such other duties as may be required of them by the city manager.
(Code 1932, § 128; Ord. Sept. 4, 1934.)

Sec. 180. Reports to city manager.

All superintendents of departments, officers and employees are
directed to make such reports and furnish such information upon
the affairs of their departments or offices as may be required by
the city manager. (Code 1932, § 55.)