University of Virginia Library

CONSTITUTIONAL PROVISIONS RELATING TO CITIES.

Constitution of Virginia.

Sec. 27. All elections by the people shall be by ballot; all
elections by any representative body shall be viva voce, and the
vote recorded in the journal thereof.

ARTICLE VIII.

Organization and Government of Cities and Towns.

Sec. 116. As used in this article the words "incorporated communities"
shall be construed to relate only to cities and towns.
All incorporated communities, having within defined boundaries
a population of five thousand or more, shall be known as cities;
and all incorporated communities, having within defined boundaries
a population of less than five thousand, shall be known as
towns. In determining the population of such cities and towns
the General Assembly shall be governed by the last United States
census, or such other enumeration as may be made by authority
of the General Assembly; but nothing in this section shall be construed
to repeal the charter of any incorporated community of less
than five thousand inhabitants having a city charter at the time
of the adoption of this Constitution, or to prevent the abolition by
such incorporated communities of the corporation or Hustings
Court thereof.

Sec. 117. General Laws for the organization and government
of cities and towns shall be enacted by the General Assembly,
and no special act shall be passed in relation thereto, except in
the manner provided in Article Four of this Constitution, and
then only by a recorded vote of two-thirds of the members elected
to each house. But each of the cities and towns of the State having
at the time of the adoption of this Constitution a municipal
charter may retain the same, except so far as it shall be repealed
or amended by the General Assembly: provided, that every such
charter is hereby amended so as to conform to all the provisions,

restrictions, limitations and powers set forth in this article, or
otherwise provided in this Constitution.

Sec. 120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years, but he
shall not be eligible for more than two consecutive terms, nor act
as deputy for his immediate successor; one city sergeant, for a
term of four years, whose duties shall be prescribed by law; and,
a mayor, for a term of four years, who shall be the chief executive
officer of such city. All city and town officers, whose election or
appointment is not provided for by this Constitution, shall be
elected by the electors of such cities and towns, or of some division
thereof, or appointed by such authorities thereof as the
General Assembly shall designate.

The mayor shall see that the duties of the various city officers,
members of the police and fire departments, whether elected or appointed,
in and for such 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. The evidence given by persons so examined
shall not be used against them in any criminal proceedings. He
shall also have power to suspend such officers and the members of
the police and fire departments, and to remove such officers, and
also such members of said departments when authorized by the
General Assembly, for misconduct in office or neglect of duty, to
be specified in the order of suspension or removal; but no such removal
shall be made without reasonable notice to the officer complained
of, and an opportunity afforded him to be heard in person,
or by counsel, and to present testimony in his defense. From such
order of suspension or removal the city officer so suspended or removed
shall have an appeal of right to the Corporation Court, or,
if there be no such court, to the Circuit Court of such city, in
which court the case shall be heard de novo by the judge thereof,
whose decision shall be final. He shall have all other powers and
duties which may be conferred and imposed upon him by general
laws.

Sec. 121. There shall be in every city a council, composed of
two branches having a different number of members, whose powers
and terms of office shall be prescribed by law, and whose members

shall be elected by the qualified voters of such city, in the
manner prescribed by law, but so as to give as far as practicable,
to each ward of such city, equal representation in each branch of
said council in proportion to the population of such ward; but in
cities of under ten thousand population the General Assembly may
permit the council to consist of one branch. No member of the council
shall be eligible during his tenure of office as such member, or
for one year thereafter, to any office to be filled by the council by
election or appointment. The council of every city may, in a manner
prescribed by law, increase or diminish the number, and
change the boundaries, of the wards thereof, and shall, in the
year nineteen hundred and three, and in every tenth year thereafter,
and also whenever the boundaries of such wards are
changed, re-apportion the representation in the council among
the wards in a manner prescribed by law; and whenever the council
of any such city shall fail to perform the duty so prescribed, a
mandamus shall lie on behalf of any citizen thereof to compel its
performance.

Sec. 122. The mayors and councils of cities shall be elected
on the second Tuesday in June, and their terms of office shall begin
on the first day of September succeeding. All other elective
officers, provided for by this article, or hereafter authorized by
law, shall be elected on the Tuesday after the first Monday in November,
and their terms of office shall begin on the first day of
January succeeding, except that the terms of office of clerk of the
city courts shall begin coincidently with that of the judges of said
courts: provided, that the General Assembly may change the time
of election of all or any of the said officers, except that the election
and the beginning of the terms of mayors and councils of
cities shall not be made by the General Assembly to occur at the
time with the election and beginning of the terms of office of the
other elective officers provided by this Constitution.

Sec. 123. Every ordinance, or resolution having the effect of
an ordinance, shall, before it becomes operative, be presented to
the mayor. If he approve he shall sign it, but if not, if the council
consists of two branches, he may return it, with his objections
in writing, to the clerk, or other recording officer, of that branch
in which it originated, which branch shall enter the objections at

length on its journal and proceed to reconsider it. If after such
consideration two-thirds of all the members elected thereto shall
agree to pass the ordinance or resolution it shall be sent, together
with the objections, to the other branch, by which it shall likewise
be considered, and if approved by two-thirds of all the members
elected thereto, it shall become operative notwithstanding the objections
of the mayor. But in all such cases the votes of both
branches of the council shall be determined by yeas and nays, and
the names of the members voting for and against the ordinance
or resolution shall be entered on the journal of each branch. If
the council consists of a single branch, the mayor's objections in
writing to any ordinance, or resolution having the effect of an ordinance,
shall be returned to the clerk or other recording officer of
the council, and be entered at length on its journal; whereupon the
council shall proceed to reconsider the same. Upon such consideration
the vote shall be taken in the same manner as where the
council consists of two branches, and if the ordinance or resolution
be approved by two-thirds of all the members elected to the
council, it shall become operative notwithstanding the objections
of the mayor. If any ordinance or resolution shall not be returned
by the mayor within five days (Sunday excepted), after it shall
have been presented to him, it shall become operative in like manner
as if he had signed it, unless his term of office, or that of the
council, shall expire within said five days.

The mayor shall have the power to veto any particular item
or items of an appropriation ordinance or resolution; but the veto
shall not affect any item or items to which he does not object.
The item or items objected to shall not take effect except in the
manner provided in this section as to ordinances or resolutions not
approved by the mayor. No ordinance or resolution appropriating
money exceeding the sum of one hundred dollars, imposing taxes,
or authorizing the borrowing of money, shall be passed, except by
a recorded affirmative vote of a majority of all the members
elected to the council or to each branch thereof where there are
two; and in case of the veto by the mayor of such ordinances or
resolution, it shall require a recorded affirmative vote of two-thirds
of all the members elected to the council, or to each branch
thereof where there are two to pass the same over such veto in
the manner provided in this section. Nothing contained in this

section shall operate to repeal or amend any provision in any existing
city charter requiring a two-thirds vote for the passage of
any ordinance as to the appropriation of money, imposing taxes
or authorizing the borrowing of money.

Sec. 124. No street railway, gas, water, steam or electric heating,
electric light or power, cold storage, compressed air, viaduct,
conduit, telephone or bridge company, nor any corporation, association,
person or partnership, engaged in these or like enterprises,
shall be permitted to use the streets, alleys or public
grounds of a city or town without the previous consent of the
corporate authorities of such city or town.

Sec. 125. The rights of no city or town in and to its water
front, wharf property, public places, and its gas, water and electric
works shall be sold except by an ordinance or resolution
passed by a recorded affirmative vote of three-fourths of all the
members elected to the council, or to each branch thereof where
there are two, and under such other restrictions as may be imposed
by law; and in case of the veto by the mayor of such an
ordinance or resolution, it shall require a recorded affirmative
vote of three-fourths of all members elected to the council, or
to each branch thereof where there are two, had in the manner
heretofore provided for in this article, to pass the same over the
veto. No franchise, lease or right of any kind to use any such
public property or any other public property or easement of any
description, in a manner not permitted to the general public, shall
be granted for a longer period than thirty years. Before granting
any such franchise or privilege for a term of years, except for a
trunk railway, the municipality shall first, after due advertisement,
receive bids therefor publicly, in such manner as may be
provided by law, and shall then act as may be required by law.
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 said city or town; but the grantee
shall be entitled to no payment by reason of the value of the franchise;
and any such plant or property acquired by a city or town

may be sold or leased, or, if authorized by law, maintained, controlled
and operated, by such city or town. 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. Nothing herein contained
shall be construed as preventing the General Assembly
from presenting additional restrictions on the powers of cities
and towns in granting franchises or in selling or leasing any of
their property, or as repealing any additional restriction now required
in relation thereto in any existing municipal charter.

Sec. 126. The General Assembly shall provide by general laws
for the extension and the contraction, from time to time, of the
corporate limits of cities and towns; and no special act for such
purpose shall be valid.

Sec. 127. No city or town shall issue any bonds or other interest
bearing obligations for any purpose, or in any manner, to
an amount which, including existing indebtedness, shall, at any
time, exceed eighteen per centum of the assessed valuation of the
real estate in the city or town subject to taxation, as shown by
the last preceding assessment for taxes: provided, however, that
nothing above contained in this section shall apply to those cities
and towns whose charters existing at the adoption of this Constitution
authorize a larger percentage of indebtedness than is
authorized by this section: and provided further, that in determining
the limitation of the power of a city or town to incur
indebtedness there shall not be included the following classes of
indebtedness:

(a) Certificates of indebtedness, revenue bonds or other obligations
issued in anticipation of the collection of the revenue of
such city or town for the then current year; provided, that such
certificates, bonds or other obligations mature within one year
from the date of their issue, and be not past due, and do not exceed
the revenue for such year;

(b) Bonds authorized by an ordinance enacted in accordance
with section one hundred and twenty-three, and approved by the
affirmative vote of the majority of the qualified voters of the city

or town voting upon the question of their issuance, at the general
election next succeeding the enactment of the ordinance, or at
a special election held for that purpose, for a supply of water or
other specific undertaking from which the city or town may derive
a revenue; but from and after a period to be determined by
the council, not exceeding five years from the date of such election,
whenever and for so long as such undertaking fails to produce
sufficient revenue to pay for cost of operation and administration
(including interest on bonds issued therefor, and the cost
of insurance against loss by injury to persons or property), and
an annual amount to be covered into a sinking fund sufficient to
pay, at or before maturity, all bonds issued on account of said undertaking,
all such bonds outstanding shall be included in determining
the limitation of the power to incur indebtedness, unless
the principal and interest thereof be made payable exclusively
from the receipts of the undertaking.

Sec. 128. In cities and towns the assessments of real estate
and personal property for the purpose of municipal taxation, shall
be the same as the assessment thereof for the purpose of State
taxation, whenever there shall be a State assessment of such
property.