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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.)