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

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

[9]

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

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

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

[10]

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

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 Repealed by Ordinance adopted July 15, 1974.

54.1

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

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

[11]

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

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

Sec. 2-5. Organization meeting.

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

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

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

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

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

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

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

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

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

[12]

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

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

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

[13]

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

Sec. 2-8. Same—Special meetings.[14]

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

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

[14]

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

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

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

[15]

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

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

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

[16]

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

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

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

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

[17]

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

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

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

[18]

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

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

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

[19]

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

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

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

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

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

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

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

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

58.1

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

The finance committee shall investigate and report to the

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

[20]

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

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

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

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

[21]

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

Sec. 2-18. Annual and special appropriations.

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

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

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

[22]

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

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

	CHAPTER 2. The code of the city of Charlottesville, Virginia, 1965 :

University of Virginia Library

Division 1. In General.

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