The code of the city of Charlottesville,
Virginia, 1945 : the charter of the city and the general ordinances of the city ; enacted as a whole April 16, 1945, effective May 1, 1945 |
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 | CHAPTER 2. The code of the city of Charlottesville,
Virginia, 1945 : |  |
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.)
For provisions of the charter in regard to the general powers of
council, see char., § 13; for charter provisions authorizing appropriation
for advertising city, see char., § 18½; for charter provision authorizing
council to borrow money in anticipation of taxes, see char.,
§ 13½.
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.)
For charter provisions in regard to the election and term of council,
see char., § 4, subdivision (d); for charter provision in regard to
election of officers and clerks by council, see char., § 5.
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
Said salary shall be paid in equal monthly installments. (Id.)
For similar provisions of city charter, see char., § 4(c).
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.)
For provisions in city charter in regard to oaths and qualifications
of officers, see char., § 6.
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.)
For provision of the charter in regard to the election and powers
and duties of the president and vice-president of council, see char., §§
4, subdivision (d), and 8; for charter provisions as to voting, see char.,
§ 10; as to reading and signing of the minutes of preceding meetings,
see char., § 12.
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.)
For provision of the city charter as to stated and special meetings,
see char., § 32.
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
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.)
For charter provision, see char., § 11.
Sec. 10. Quorum.
Three members of the council shall constitute a quorum for the
transaction of ordinary business. (Id., § 8.)
For similar provisions of the city charter, see char., § 9.
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
dollars. (Id., § 9.)
For provisions of the city charter in regard to compelling attendance
of absent members, see char., § 11.
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.)
For similar provisions of the city charter, see char., § 11.
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.)
For similar provisions of the city charter, see char., § 7.
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.)
See Constitution of Virginia, § 121.
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 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.)
As to signing of notes and other evidence of indebtedness by the finance
committee, see ch. 1, § 9 of this volume; as to approval of amounts
of insurance upon public buildings insured by city manager, see § 75
of this chapter; as to finance committee's directing treasurer to place
funds upon certificates of deposit, etc., see § 90 of this chapter; as to
approval of securities deposited by city depositories, see § 91 of this
chapter; as to duty of finance committee in regard to bonds of employees,
see §§ 173-177 of this chapter; as to chairman of finance committee's
being member of sinking fund commission, see § 157 of this chapter;
as to chairman and superintendent of finance committee being
member of perpetual care cemetery committee, see ch. 20, § 10.
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
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.)
For provision of state statute, see § 2985 of Michie's Virginia Code
of 1942.
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.)
For provision of the city charter in regard to the annual budget and
levy of taxes, see char., § 17; as to giving notice of hearings on budget
and publishing synopsis thereof by clerk of council, see § 68 of this
chapter; as to preparation of budget by city manager, see § 75 of this
chapter.
| CHAPTER 2. The code of the city of Charlottesville,
Virginia, 1945 : | |