University of Virginia Library

CHAPTER 2.

Administration.

Article I. Council.

Division 1. In General.

§ 2-1. Powers, duties and responsibilities generally.

§ 2-2. Members—Election; term.

§ 2-3. Repealed.

§ 2-4. Same—Oaths of office, etc.

§ 2-5. Organization meeting.

§ 2-6. Election of president, vice-president and president pro tempore; vacancies;
powers and duties generally.

§ 2-7. Meetings—Regular meetings.

§ 2-8. Same—Special meetings.

§ 2-9. Same—To be open; exception.

§ 2-10. Three members constitute quorum.

§ 2-11. Absence of quorum; compelling attendance of absent members.

§ 2-12. Punishing and expelling members.

§ 2-13. Vacancies in office of mayor or councilman.

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

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

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

§ 2-16. Powers and duties of finance committee.

§ 2-17. Witnesses before council, committees, etc.; production of books and
papers.

§ 2-18. Annual and special appropriations.

§ 2-19. Annual budget and levy.

Division 2. Rules of Order and Procedure.

§ 2-20. Adoption and suspension.

§ 2-21. Robert's Rules of Order.

§ 2-22. Duties of presiding officer.

§ 2-23. President to decide questions of order; appeal from decision.

§ 2-24. President to state questions and declare results.

§ 2-25. Members—Withdrawing without leave.

§ 2-26. Same—Conduct in addressing body.

§ 2-27. Same—Order of recognition by the president.

§ 2-28. Same—Number and length of speeches.

§ 2-29. Same—How called to order.

§ 2-30. Same—Conduct while council sitting.

§ 2-31. Nonmembers addressing council.

§ 2-32. Communications to be in writing.

§ 2-33. Motions, etc. — To be in writing; stating before discussing; withdrawing.

§ 2-34. Same—Admitting under color of amendment.

§ 2-35. Same—Order of procedure.

§ 2-36. Same—To reconsider.

§ 2-37. Same—When motion to adjourn in order.

§ 2-38. Previous question—Motion for.

§ 2-39. Same—How put.

§ 2-40. Majority vote to govern unless otherwise provided.

§ 2-41. Aye and no vote.

§ 2-42. Dissent or protest.

§ 2-43. Committees—Reports—When made.

§ 2-44. Same—Same—Form.

§ 2-45. Same—Meetings; chairman; quorum.

§ 2-46. Calendar of unfinished business.

§ 2-47. General order of business.

§ 2-48. Special order of business.

§ 2-49. Reconsidering or rescinding vote at special meetings.

§ 2-50. Voting at elections.

§ 2-51. Same—Members failing to vote; disqualifications.

Division 3. Ordinances and Resolutions.

§ 2-52. Style of ordinances and resolutions.

§ 2-53. Procedure in enacting general ordinances.

§ 2-54. To be in writing.

§ 2-55. Repealing and amending ordinances.

§ 2-56. Filling blanks involving money or time.

§ 2-57. Ordinances passed subsequent to adoption of Code.

§ 2-58. Effective date.

§ 2-68. Keeping minute book and ordinance book.

§ 2-69. Publication of synopsis of budget and notice of hearings.

Article II. Mayor.

§ 2-70. Powers and duties generally.

§ 2-71. Suspension or removal of subordinate officers.

§ 2-72. Removal from office.

§ 2-73. Vacancy in office.

Article III. City Manager.

§ 2-74. Election; term; compensation; removal.

§ 2-75. Powers and duties generally.

§ 2-76. Officers appointed by city manager.

§ 2-77. Creation, consolidation and abolition of departments.

§ 2-78. Custody of city property.

§ 2-79. Insuring city buildings.

§ 2-80. Preparing and keeping maps and records.

§ 2-81. Inspection of poles carrying wires; defective and dangerous
poles.

Article IV. City Treasurer.

Division 1. In General.

§ 2-82. Election; term; oath.

§ 2-83. Office.

§ 2-84. Compensation.

§ 2-85. Custodian of funds.

§ 2-86. Custodian of bonds, notes, etc.

§ 2-87. Books, stationery and equipment.

§ 2-88. Record of receipts and disbursements.

§ 2-89. Manner of making disbursements.

§ 2-90. Inspection of records, etc.

§ 2-91. Placing funds on certificates of deposit, etc.

§ 2-92. City depositories.

§ 2-93. Receipt and disbursement of school funds.

§ 2-94. Daily reports.

§ 2-95. Wages of officers or employees indebted to city.

Division 2. Collection of Taxes.

§ 2-96. Duty of treasurer.

§ 2-97. Mailing bills to taxpayers.

§ 2-98. Tax tickets.

§ 2-99. Right of distress, levy, lease and garnishment.

§ 2-100. Sale after levy or distraint.

§ 2-101. When taxes due.

§ 2-102. Penalties.

§ 2-103. Calling on persons failing to pay taxes; collection by distress,
etc.

§ 2-104. Persons about to leave city.

§ 2-105. Lists of uncollectible taxes and delinquents to be made out.

§ 2-106. Delinquent lists to speak as of June thirtieth; form; oath.

§ 2-107. Submission of delinquent lists to council; allowance of credit
to treasurer, etc.

§ 2-108. Publication of lists of delinquent real estate and personal property
taxes.

§ 2-109. Transmitting list of delinquent lands to clerk of corporation
court; recordation; reports of collections.

§ 2-110. Continuing collection of delinquent taxes for one year.

§ 2-111. Resubmission of delinquent lists to council; subsequent collections.

§ 2-112. Sale of delinquent lands.

Article V. Director of Finance.

§ 2-113. Election; term.

§ 2-114. Powers and duties generally.

§ 2-115. Books, etc.; suggestions to council; reports generally.

§ 2-116. Employment of personnel.

§ 2-117. Collection of revenues; keeping accounts; delivery of money
to treasurer.

§ 2-118. Collection of gas and water bills; list of delinquents; cutting
off supply.

§ 2-119. Monthly reports of receipts and disbursements.

§ 2-120. Preparation and publication of quarterly reports.

§ 2-121. Annual reports.

§ 2-122. Examination of claims; warrants generally.

§ 2-123. Warrants for salaries and wages; checks to employees; deductions.

§ 2-124. Fixing payday.

Article VI. City Attorney.

§ 2-125. Appointment; qualifications; term; residency requirement.

§ 2-126. Powers and duties generally.

§ 2-127. Accounting for and paying over city funds.

§ 2-128. Reports.

§ 2-129. Attendance at meetings of council and committees.

§ 2-130. Drafting resolutions and ordinances; inspection of journal and
ordinance book.

§ 2-131. Salary to be in full compensation for services; traveling expenses.

Article VII. City Purchasing Agent.

§ 2-132. Appointment.

§ 2-133. Powers and duties generally.

§ 2-134. Purchases made only upon agent's order; exception.

§ 2-135. Requisitions for supplies.

§ 2-136. Appropriation prerequisite to furnishing supplies.

§ 2-137. Authority to secure bids; specifications to bidders.

§ 2-138. Sales of material and personal property.

Article VIII. Attorney for the Commonwealth.

§ 2-139. Term, duties and compensation generally.

§ 2-140. Additional duties.

§ 2-141. Calling upon city attorney for assistance.

Article IX. Commissioner of Revenue.

§ 2-142. Election; city assessor; vacancy in office; bond.

§ 2-143. Compensation.

§ 2-144. When to begin duties.

§ 2-145. Duties generally; office; books and papers.

§ 2-146. Books, forms, etc., to be used; city to furnish books, forms, stationery,
etc.

§ 2-147. Assessment of personal property — Listing governed by state law.

§ 2-148. Same — Lists of valuations; personal property used in connection with
business, etc.

§ 2-149. Same — Revaluation of property.

§ 2-150. Same — Penalty for failure to make return or refusal to exhibit property

§ 2-151. State law followed as to personal property books.

§ 2-152. Licenses and license taxes — Assessing and issuing.

§ 2-153. Same — Penalty for failure to pay when due.

§ 2-154. Same — Commissioner to report delinquents to city manager.

§ 2-155. Same — City manager to cause delinquents to be summoned before
court.

Article X. Sinking Fund Commission.

§ 2-156. Members.

§ 2-157. President and secretary; keeping journal; preserving books and papers.

§ 2-158. City treasurer to keep account and be custodian of funds.

§ 2-159. Setting apart sinking fund.

§ 2-160. Investment of funds; redemption of city debt.

§ 2-161. Annual report.

§ 2-162. Disbursements.

§ 2-163. Opening safety deposit box.

Article XI. Real Estate Assessment.

§ 2-164. Annual assessment.

§ 2-165. Assessor of real estate — Office created; appointment; salary; term of
office; qualifications.

§ 2-166. Same — Employees; annual budget; purchases.

§ 2-167. Same — Powers and duties.

§ 2-168. Same — Removal.

§ 2-169. Time of making assessments; land book.

§ 2-170. Right of assessor to examine witnesses, obtain information, etc.; refusal
to supply information or permit inspection.

§ 2-171. Notice of change in assessment.

§ 2-172. Clerk to furnish lists of real estate transfers to assessor.

§ 2-172.1. Board of equalization — Membership; appointment and qualifications
of members.

§ 2-172.2. Same—Term of office of members; filling of vacancies.

§ 2-172.3. Same—Compensation and expenses of members.

§ 2-172.4. Same—Powers and duties.

§ 2-172.5. Same—Hearings before assessor and board of equalization.

§ 2-172.6. Right of appeal to corporation court.

Article XII. Airport Commission.

§ 2-173. Creation; composition; appointment, terms and compensation of
members.

§ 2-174. Officers; minutes of meetings.

§ 2-175. Vacancies.

§ 2-176. Powers and duties generally.

§§ 2-177, 2-178. Repealed.

Article XIII. Officers and Employees Generally.

§ 2-179. Officers elected by council; term; vacancies.

§ 2-180. Authority of officers appointed by council.

§ 2-181. Compensation fixed by council; traveling expenses; officers in arrears or
default.

§ 2-181.1. Repealed.

§ 2-182. Appointment of substitute during inability to serve.

§ 2-183. Removal by mayor or council.

§ 2-184. Salary of suspended officer.

§ 2-185. Absence from city of superintendents of departments.

§ 2-186. Bonds.

§ 2-187. Same—Failure to give.

§ 2-188. Same—Report by finance committeee; bonds filed with clerk of the
council.

§ 2-189. Reports to city manager.

§ 2-189.1. Legal holidays.

§ 2-189.2. Creation of personnel department.

§ 2-189.3. Director of personnel.

§ 2-189.4. Personnel appeals board—Generally.

§ 2-189.5. Same—Powers and duties; appeals by employees to board.

§ 2-189.6. Employee classification plan.

§ 2-189.7. Employee pay plan—Generally.

§ 2-189.8. Same—Changes.

§ 2-189.9. Same—Interpretation.

§ 2-189.10. Administrative personnel regulations.

§ 2-189.11. Equal employment opportunity.

Article XIV. Beautification Commission.

§ 2-190. Established; name.

§ 2-191. Bylaws.

Article XV. Retirement Plan Commission.

§ 2-192. Membership; purpose.

§ 2-193. President and secretary; keeping of journal; preserving
of books and papers.

§ 2-194. City treasurer to keep account and be custodian of funds.

§ 2-195. Setting apart funds for retirement plan.

§ 2-196. Investment of funds.

§ 2-197. Annual report to council.

§ 2-198. Disbursements.

§ 2-199. Opening safety deposit box.

Article XVI. Supplemental Retirement or Pension Plan.

§ 2-200. Definitions.

§ 2-201. Established; effective date; name.

§ 2-202. Contributions by employees not required; amount of social security
payments to be deducted from benefits.

§ 2-203. Benefits from police, fire, etc., benefit associations in addition to benefits
under article.

§ 2-204. Benefits not affected by employment after retirement.

§ 2-205. Minimum length of service prior to retirement.

§ 2-206. Applicability of plan; retirement age; reduced benefits for retirement at
sixty-two; retirement of certain employees over sixty-two may be
requested.

§ 2-207. Basis for retirement pay.

§ 2-208. Retirement pay rates.

§ 2-209. Disability retirement after ten years service.

§ 2-210. Commencement date of retirement pay.

§ 2-211. Withholding from benefits for taxes.

§ 2-212. Continuation of employment after age sixty-five.

§ 2-213. Employees not having ten years of service at age sixty-five.

§ 2-214. Employment after sixty-five deemed temporary.

§ 2-215. Increase or decrease in retirement pay.

§ 2-216. When employees not eligible for retirement pay.

§ 2-217. Applicability of article to previous retirants.

§ 2-218. Early retirement for police and firemen.

§ 2-219. Right of council to make changes of policy; waiver of strict application of
policy.

Article XVII. Official Safety Program.

§ 2-220. Duties of departments, officers and organizations.

Article XVIII. Social Development Commission.

§ 2-221. Established; purpose.

§ 2-222. Composition, appointment and terms.

§ 2-223. Removal from office.

§ 2-224. Meetings.

§ 2-225. Officers.

§ 2-226. Powers and duties.

Article I. Council.

Division 1. In General.

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

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.)

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.)

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

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

Division 2. Rules of Order and Procedure.

Sec. 2-20. Adoption and suspension.[23]

The city 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 the Charter of the city.

The rules of order and procedure of the city council, with the
right of the body to suspend the same by a four-fifths vote,
shall be as set out in this article.

No rule adopted by the city council shall be suspended except
by the consent of four members. Suspension of the rules may
be made by a motion. (Code 1959, § 2-20.)

Sec. 2-21. Robert's Rules of Order.

The proceedings of the city council, except as its own rules may
otherwise provide, shall be governed by Robert's Rules of Order.
(Code 1959, § 2-21.)

Sec. 2-22. Duties of presiding officer.

The presiding officer shall enforce the rules of the city council,

preserve order and decorum, appoint all committees not
otherwise provided for and discharge such other duties as
appertain to his office. (Code 1959, § 2-22.)

Sec. 2-23. President to decide questions of order; appeal from
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 city 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 relevancy or applicability of propositions, the appeal
may be debated. (Code 1959, § 2-23.)

Sec. 2-24. 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. (Code
1959, § 2-24.)

Sec. 2-25. Members—Withdrawing without leave.

After a member, at any meeting, has been recorded as
present, he shall not, without permission of the city council,
absent himself from such meeting until its adjournment.
(Code 1959, § 2-25.)

Sec. 2-26. Same—Conduct in addressing body.

Every member shall confine himself to the question before
the city 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. (Code 1959, § 2-26.)

Sec. 2-27. 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. (Code
1959, § 2-27.)

Sec. 2-28. 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 city council.
(Code 1959, § 2-28.)

Sec. 2-29. Same—How called to order.

If, in speaking, any member shall transgress the rules of
the city council, the president shall call him to order. If there
is no appeal, the decision of the chair shall be submitted to.
If the decision is in favor of the member called to order, he
may proceed; if otherwise, he shall not proceed except by leave
of the city council. (Code 1959, § 2-29.)

Sec. 2-30. Same—Conduct while council sitting.

No member shall, while the city 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.
(Code 1959, § 2-30.)

Sec. 2-31. Nonmembers addressing council.

No person who is not a member of the city council shall
orally address it, until leave to do so has been applied for
through a member of the city council and granted by it, or
until invited so to do by the presiding officer. (Code 1959, § 231.)

Sec. 2-32. Communications to be in writing.

No communication, petition or request to the city council
shall be entertained unless the same be in writing, which shall
be filed with the clerk of the council. (Code 1959, § 2-32.)

Sec. 2-33. 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 of the council. 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 city council. (Code 1959, § 2-33.)

Sec. 2-34. Same—Admitting under color of amendment.

No motion, proposition, or subject different from that under
consideration shall be admitted under color of amendment.
(Code 1959, § 2-34.)

Sec. 2-35. 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.

(Code 1959, § 2-35.)

Sec. 2-36. 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 2-49. (Code 1959, § 2-36.)

Sec. 2-37. 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 city 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. (Code 1959, § 2-37.)

Sec. 2-38. 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 city council. If the motion for the previous question
be not carried, debate may continue as if the motion had not
been made. (Code 1959, § 2-38.)

Sec. 2-39. 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. (Code 1959,
§ 2-39.)

Sec. 2-40. Majority vote to govern unless otherwise provided.

In all matters pending before the city council, a majority
shall govern except in cases where it is otherwise specially
provided. (Code 1959, § 2-40.)

Sec. 2-41. Aye and no vote.

On the call of any member of the city 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. (Code 1959, § 2-41.)

Sec. 2-42. Dissent or protest.

Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the city
council and have the reason of his dissent entered upon the
record. (Code 1959, § 2-42.)

Sec. 2-43. 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. (Code
1959, § 2-43.)

Sec. 2-44. 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. (Code 1959, § 2-44.)

Sec. 2-45. 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. (Code 1959, § 2-45.)

Sec. 2-46. 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 city council, city attorney and city manager
at least six hours prior to each meeting of the city council at
such time as notice is given. (Code 1959, § 2-46.)

Sec. 2-47. General order of business.

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

1. Call to order.

2. Opening ceremonies.

3. Roll call.

4. Approval of minutes of preceding meetings, not already
approved. When texts of minutes have been furnished all
members of council and have been read by them, the formal
reading aloud may, on motion of any member, be dispensed
with, and the minutes approved.

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

6. Reports and communications from city officers, including
financial statements.

7. Reports of committees.

8. Offering of original resolutions, orders and ordinances.

9. Ordinances for second reading.

10. Miscellaneous and unfinished business.

The order of business shall not be departed from except by
unanimous consent. (Code 1959, § 2-47; 6-21-71.)

Sec. 2-48. 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.
(Code 1959, § 2-48.)

Sec. 2-49. Reconsidering or rescinding vote at special meetings.[24]

No vote of a former meeting of the city 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. (Code 1959, § 2-49.)

Sec. 2-50. Voting at elections.

At all elections by the city council 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 2-51. (Code
1959, § 2-50; 6-21-71.)

Sec. 2-51. Same—Members failing to vote; disqualifications.

A member of the city council 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. (Code 1959, § 2-51.)

Division 3. Ordinances and Resolutions.[25]

Sec. 2-52. 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 1959, § 2-52.)

Sec. 2-53. Procedure in enacting general ordinances.[26]

No general ordinance shall be passed by the city council on
the same day of its introduction, nor shall any such ordinance
be valid unless at least three days intervene between its introduction
and passage; provided, that by a four-fifths vote of
the city council, a general ordinance may be passed on the
same date of its introduction and be valid; provided further,
that any zoning ordinance or amendment to the zoning ordinance
may be passed at the same meeting at which a public
hearing on such zoning ordinance or amendment to the zoning
ordinance is held. (Code 1959, § 2-53; 2-4-63.)

Sec. 2-54. To be in writing.

Every proposed ordinance and resolution having the effect
of an ordinance shall be in writing. (Code 1959, § 2-54.)

Sec. 2-55. Repealing and amending ordinances.

No ordinance shall be amended or repealed except by an
ordinance regularly introduced and adopted. (Code 1959, § 255.)

Sec. 2-56. Filling blanks involving money or time.

In filling blanks in ordinances or resolutions involving
money or time, the question shall be put first upon the largest
sum or longest time. (Code 1959, § 2-56.)

Sec. 2-57. Ordinances passed subsequent to adoption of Code.

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 reenacts
a part of this Code, the same shall be given the same
number as the section amended or re-enacted. (Code 1959, § 257.)

Sec. 2-58. Effective date.

Every ordinance shall take effect from the date of its passage
unless otherwise provided. (Code 1959, § 2-58.)

Sec. 2-59. Appropriating money, imposing taxes, etc.

For every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, authorizing
the borrowing of money, 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 city 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 2-18.[27] (Code 1959, § 2-59; 5-7-51; 7-6-64.)

Sec. 2-60. 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
city council. (Code 1959, § 2-60.)

Sec. 2-61. Appropriating money for improvements outside
city.

No ordinance or resolution appropriating money for the
purpose of improving streets, airports and bridges located
outside of the city shall be passed by the city council except
by a recorded affirmative vote of four-fifths of all members
elected to the city council. (Code 1959, § 2-61.)

Sec. 2-62. Granting aid to various associations or to public
charity.

No ordinance or resolution granting aid to military, agricultural,
literary or benevolent associations or to the public
charity shall be passed except by the vote of three-fifths of
the members elected to the city council. (Code 1959, § 2-62.)

Sec. 2-63. Disposition of public property; granting franchise.[28]

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 city 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 city council shall pay in advance for the
printing and advertising of all ordinances granting such privileges
or franchises after the approval thereof and all of such
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 27 of the Charter applicable to a special election.
(Code 1959, § 2-63.)

Division 4. Clerk of the Council.[29]

Sec. 2-64. Election; duties generally.[30]

The city council shall elect a clerk, whose duty it shall be to
attend every meeting of the city council and keep an accurate
record of its proceedings. The clerk of the council shall file
and preserve all written opinions furnished by the city attorney
to the city council or its committees, 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 city 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 city council. (Code 1959,
§ 2-64.)

Sec. 2-65. Keeping of books and documents; inspection and
exhibition.[31]

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. He shall also
keep 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 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 city council, its president or vice-president, be exhibited
nor copies thereof furnished to other persons than the committees
or city officials entitled thereto. (Code 1959, § 2-65.)

Sec. 2-66. 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 city 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 shall be
furnished to the director of finance within twenty-four hours
after their passage. The clerk of the council shall notify persons
who have presented petitions or communications to the

city 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 city council, of such
election. (Code 1959, § 2-66.)

Sec. 2-67. Calendar of petitions, etc., presented to council.

The clerk of the council shall keep a calendar of petitions
and other papers presented to the council, as provided by section
2-46. (Code 1959, § 2-67.)

Sec. 2-68. Keeping minute book and ordinance book.[32]

The clerk of the council 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.
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. (Code 1959, § 2-68.)

Sec. 2-69. Publication of synopsis of budget and notice of
hearings.

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 19 of the Charter. (Code 1959, § 2-69.)

Article II. Mayor.[33]

Sec. 2-70. Powers and duties generally.[34]

The mayor shall be the chief executive officer of the city
and shall advise with the city manager and supervise the
administration of the affairs of the city by the city manager.

He shall have power to investigate the acts of the city officers
and employees, 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. (Code 1959, § 2-70.)

Sec. 2-71. Suspension or removal of subordinate officers.[35]

The mayor shall have the power to suspend any officer of
the city for proper cause and to remove such officers for misconduct,

malfeasance, misfeasance or nonfeasance 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 defense.
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 city council. (Code 1959, §
2-71.)

Sec. 2-72. Removal from office.[36]

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 such court, upon reasonable notice to
the party to be affected thereby, and with the right of the
mayor to an appeal to the supreme court of appeals. (Code
1959, § 2-72.)

Sec. 2-73. Vacancy in office.[37]

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 city 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 8 of the Charter. (Code 1959, § 2-73.)

Article III. City Manager.[38]

Sec. 2-74. Election; term; compensation; removal.

The city council shall elect, on September 1 of each even
numbered year or as soon thereafter as is practicable, for a
term of two years, a business manager, to be known as
city manager, at a salary to be fixed by the council. The city
manager may be removed from office by the city council at its
discretion. (Code 1959, § 2-74.)

Sec. 2-75. Powers and duties generally.

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

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

(2) Keep the city 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 city council.

(3) On or before the fifteenth day of March in each year,
the city manager shall prepare and submit to the city council a
tentative budget for the next fiscal year.[39] 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 2-119.

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

(5) The city manager, under the direction of the mayor
and city 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 and 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 works, sewers and all other property
belonging to the city and shall cause to be made such surveys
and estimates as the city council or mayor may direct. (Code
1959, § 2-75.)

Sec. 2-76. Officers appointed by city manager.[40]

There shall be appointed by the city manager, with the
approval of the city council, such officers and heads of departments
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. The officers so appointed
shall hold office at the will of the city manager. (Code 1959, §
2-76.)

Sec. 2-77. 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. (Code 1959, § 2-77.)

Sec. 2-78. Custody of city property.

Except as otherwise provided, the city manager shall have
charge and be custodian of all real and tangible personal
property of the city. (Code 1959, § 2-78.)

Sec. 2-79. Insuring city buildings.

The city manager shall keep all city buildings insured for
such amounts as may be approved by the finance committee.
(Code 1959, § 2-79.)

Sec. 2-80. 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) The location and dimensions of all culverts, sewers
and 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 and water and gas mains not
shown on the existing maps and records, as the same may be
discovered. (Code 1959, § 2-80.)

Sec. 2-81. 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 the owner shall forthwith replace the same with a
sound pole. 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 punished as provided
in section 1-5. (Code 1959, § 2-81.)

Article IV. City Treasurer.[41]

Division 1. In General.

Sec. 2-82. Election; term; oath.[42]

The city treasurer's election, term and oath shall be as fixed by
the state laws except as modified by the city council. (Code 1959,
§ 2-82.)

Sec. 2-83. Office.

The city treasurer shall keep his office in such place as is
provided for him by the city council. (Code 1959, § 2-83.)

Sec. 2-84. Compensation.[43]

The city treasurer shall receive compensation within the limits
provided by the statutes of the state. (Code 1959, § 2-84.)

Sec. 2-85. Custodian of funds.[44]

The city treasurer shall be custodian of all city funds and he
shall receive all taxes and other revenues and money 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 1959, § 2-85.)

Sec. 2-86. Custodian of bonds, notes, etc.

The city treasurer shall be the custodian of all bonds, notes,
choses in action and other like assets of the city. (Code 1959, § 286.)

Sec. 2-87. Books, stationery and equipment.

The city council shall, at the expense of the city, provide for the
city 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. (Code 1959, § 2-87.)

Sec. 2-88. Record of receipts and disbursements.

The city treasurer shall keep a record of all receipts and
disbursements in such manner as may be prescribed by the city
council and the director of finance. (Code 1959, § 2-88.)

Sec. 2-89. Manner of making disbursements.[45]

The city treasurer shall pay no money out of the treasury except
on the warrant of the director of finance. (Code 1959, § 2-89; 12-3170.)

Sec. 2-90. Inspection of records, etc.

All records, funds and accounts of the city shall be open to the
inspection of the mayor, members of the city council, director of
finance, city manager, city attorney and such other persons as
the city council may direct. (Code 1959, § 2-90.)

Sec. 2-91. 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 city council until such time as
said funds are necessary to meet the city's obligations. (Code 1959,
§ 2-91.)

Sec. 2-92. 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 city council may direct and such banks shall secure such
deposits in such manner as the city council may determine. The
sufficiency of securities deposited by such banks to secure such
deposits shall be subject to the approval of a committee consisting
of the finance committee, the director of finance and the
treasurer. (Code 1959, § 2-92.)

Sec. 2-93. Receipt and disbursement of school funds.[46]

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 such board. Such warrants shall be signed by the
clerk of the board and countersigned by the chairman thereof. All
such money shall be deposited to the credit of the school board of
the city. (Code 1959, § 2-93.)

Sec. 2-94. Daily reports.

The city 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 such funds are
derived, and such other reports as are or may be required of the
city treasurer by law or by the city council. (Code 1959, § 2-94.)

Sec. 2-95. Wages of officers or employees indebted to city.[47]

The city 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. (Code 1959,
§ 2-95.)

Division 2. Collection of Taxes.[48]

Sec. 2-96. Duty of treasurer.[49]

It shall be the duty of the city treasurer to collect all taxes,
assessments and penalties and such other income and revenue as
he may be required to collect by the city council. (Code 1959, §
2-96.)

Sec. 2-97. Mailing bills to taxpayers.[50]

The city treasurer shall, as soon as may be possible in each
year, not later than December 1, send by United States mail to
each taxpayer assessed with taxes and levies on tangible personal
property, machinery and tools and merchant's capital for that
year, a bill for such taxes in the form prescribed by the state
department of taxation. Beginning with the year 1974 and in each
subsequent year, the treasurer shall twice annually mail to each
taxpayer assessed with taxes on real estate a bill for such real
estate taxes. Each such semiannual bill shall be in the amount of
one-half of the taxes assessed on such real estate for the taxable
year, and such bills shall be mailed not later than June 1 and
December 1 of each year; provided, that the bill mailed on or
before June 1 may show the total amount of tax assessed for the
year with a notation that only one-half of such tax is payable as of
June 5. (Code 1959, § 2-97; 11-14-73, § 1.)

Sec. 2-98. Tax tickets.[51]

It shall be the duty of the city treasurer to make from the books
of the commissioner of revenue and from the books of the board
of real estate assessors, 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. (Code 1959,
§ 2-98.)

Sec. 2-99. Right of distress, levy, lease and garnishment.[52]

For the purpose of collecting taxes, assessments and other
duties to the city, the city 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. (Code 1959, § 2-99.)

Sec. 2-100. 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 the 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
delinquent taxpayer, taking his receipt therefor. (Code 1959, §
2-100.)

Sec. 2-101. When taxes due.[53]

The city treasurer shall commence to receive taxes on personal
property, machinery and tools and merchant's capital as soon as
he receives copies of the commissioner's books and shall continue
to receive the same without addition of a penalty up to and

including the fifth day of December of each year. Likewise, the
treasurer shall commence to receive taxes assessed on real estate
as soon as practicable in each year. Beginning with the year 1974
and in each subsequent year, fifty percentum of each such real
estate tax assessment shall be payable not later than June 5, and
the remaining fifty percentum shall be payable not later than
December 5. (Code 1959, § 2-101; 11-14-73, § 1.)

Sec. 2-102. Penalties.[54]

Any person failing to pay taxes on personal property,
machinery and tools, and merchant's capital on or before the fifth
day of December shall incur a penalty thereon of five percentum,
which shall be added to the amount due from such taxpayer.
Likewise any person failing to pay that portion of the taxes on
real estate due on or before the fifth day of June and the fifth day
of December respectively shall incur penalties thereon of five
percent of the amount of tax respectively becoming payable on
such dates; provided, however that for the taxable year 1974, and
only for such year, the portion of taxes on real estate due in June
of such year shall be payable on or before the fifteenth day of
June, and such penalty shall be incurred only on those taxes
which have not been paid as of such date. Such taxes and
penalties, when collected by the treasurer, shall be accounted for
in his settlements.

Should such taxes and penalties remain uncollected, there shall
be collected interest at the rate of eight percentum upon both
principal sum and penalties. Such interest shall commence from
the thirtieth day of June next following with regard to taxes
payable December fifth, and from the thirty-first day of
December next following with regard to taxes payable June fifth.
All such penalties and interest shall be collected and accounted
for by the treasurer along with the principal of such taxes. (Code
1959, § 2-102; 11-14-73, § 1; 5-9-74, § 1.)

Sec. 2-103. Calling on persons failing to pay taxes; collection
by distress, etc.[55]

It shall be the duty of the city 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 1959, § 2-103.)

Sec. 2-104. Persons about to leave city.[56]

Should it come to the knowledge of the city 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. (Code 1959, § 2-104.)

Sec. 2-105. Lists of uncollectible taxes and delinquents to be
made out.[57]

The city treasurer, after ascertaining which of the taxes and
levies assessed cannot 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 1959, § 2-105.)

Sec. 2-106. Delinquent lists to speak as of June thirtieth;
form; oath.[58]

The lists mentioned in section 2-105 shall speak as of June
thirtieth of each year — that is to say, such lists shall conform to
the facts as they existed on that date; provided, that with respect
to delinquent real estate, the list required by section 2-105(2)

shall include those delinquencies outstanding from the preceding
calendar year or years but shall not be required to include those
properties on which the portion of the tax payable June 5 of the
then current calendar year has not been collected.

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 2-105,
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
such taxes and levies, no part of such taxes and levies have been
collected by me." (Code 1959, § 2-106; 11-14-73, § 1.)

Sec. 2-107. Submission of delinquent lists to council;
allowance of credit to treasurer, etc.[59]

A copy of each of the three lists mentioned in section 2-105 shall
be submitted by the city treasurer to the city council. Such lists
shall be submitted at the first meeting of the city council held
after the city treasurer shall have completed the lists.

The city council or a committee thereof, together with the
director of finance and the commissioner of the revenue, shall
examine such lists and if the same are found correct, the director
of finance shall allow the city 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 such lists to the commissioner of the revenue, who shall
correct his books accordingly. (Code 1959, § 2-107.)

Sec. 2-108. Publication of lists of delinquent real estate and
personal property taxes.[60]

The city council shall cause such lists mentioned in paragraphs
(2) and (3) of section 2-105, 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. (Code 1959, § 2-108.)

Sec. 2-109. Transmitting list of delinquent lands to clerk of
corporation court; recordation; reports of
collections.[61]

A certified copy of the list mentioned in paragraph (2) of section
2-105 shall be transmitted by the city treasurer to the clerk of the
corporation court not later than the first day of August in each
year.

All officers thereafter collecting any such delinquent taxes on
real estate shall at least monthly transmit to the clerk of the
corporation court a list of such collections under oath. (Code 1959,
§ 2-109.)

Sec. 2-110. Continuing collection of delinquent taxes for one
year.[62]

The city treasurer shall continue to collect the taxes shown
on the delinquent lists for one year following June 30 of the
year as of which such delinquent lists speak. (Code 1959, § 2110.)

Sec. 2-11. Resubmission of delinquent lists to council; subsequent
collections.[63]

At the expiration of one year following June 30 of the year
as of which such delinquent lists speak, the city treasurer
shall again submit a copy of each of the lists mentioned in
paragraphs (2) and (3) of section 2-105 to the city 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 30 of the preceding year, and the city 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 2-105 until the real estate shall be sold
under the provisions of sections 58-1029 to 58-1031 of the
Code of Virginia.

The city council may authorize and require the city treasurer
to continue to collect the delinquent taxes included in the
list mentioned in paragraph (3) of section 2-105 for an additional
period of two years or may place the same in the
hands of the city 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 city 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 city council
and the money shall be paid over to the city treasurer, who
shall be held accountable therefor. All lists of uncollected taxes
shall be returned by such officer or collector to the city council,
which shall deliver them to the city treasurer, who shall
thereafter be held accountable for any collections thereunder.
(Code 1959, § 2-111.)

Sec. 2-112. Sale of delinquent lands.[64]

The city 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 1959, § 2-112.)

Article V. Director of Finance.[65]

Sec. 2-113. Election; term.

The city council shall elect a director of finance, who shall
hold his office for two years and be removable at the will of
the city council. (Code 1959, § 2-113.)

Sec. 2-114. Powers and duties generally.[66]

The director of finance shall superintend the fiscal affairs
of the city and shall manage the same in the manner required
by the city 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. He shall, immediately upon the discovery of

any default, irregularity or delinquency, report the same to
the city council. He shall have power to prescribe the form and
manner of keeping all such 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 city council.
(Code 1959, § 2-114.)

Sec. 2-115. Books, etc.; suggestions to council; reports generally.

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 city 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. (Code
1959, § 2-115.)

Sec. 2-116. Employment of personnel.

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, so
long as any such salary does not exceed three thousand six
hundred dollars per year, and to require such bond as he may
think proper. No person shall be employed at a salary in excess
of three thousand six hundred dollars per year except
with the approval of the city council. All persons so employed
shall be directly responsible to the director of finance.
(Code 1959, § 2-116.)

Sec. 2-117. Collection of revenues; keeping accounts; delivery
of money 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 and 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 money collected
by him daily to the city treasurer, together with a
statement showing the sources from which these funds were
derived. (Code 1959, § 2-117.)

Sec. 2-118. 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 sections
14-7 and 35-5, 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 the delinquent
bills. (Code 1959, § 2-118.)

Sec. 2-119. 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. The
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.
Under receipts shall be shown 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. The director of finance
shall furnish a copy of the same to each member of the
city council and the city manager. (Code 1959, § 2-119.)

Sec. 2-120. Preparation and publication of quarterly reports.[67]

The director of finance shall, on or before the twenty-fifth
day of July, October, January and April in each year, prepare
a 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. (Code 1959, §
2-120.)

Sec. 2-121. Annual reports.

The director of finance shall make out and deliver to the city
council, within thirty days after the close of each fiscal year, a
full and detailed statement of all receipts and expenditures
during such year. Such 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.
Under receipts shall be shown the amount estimated in the
budget, the amount received during the fiscal year, the balance
anticipated and such information as the city council may
direct. The items shown shall conform to the classification in
the annual budget and the report shall be spread upon the
journal upon adoption by the city council. (Code 1959, §
2-121.)

Sec. 2-122. Examination of claims; warrants generally.

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, 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 city council, making a
special appropriation to the person or department in whose
behalf the same is drawn. (Code 1959, § 2-122; 12-31-70.)

Sec. 2-123. Warrants for salaries and wages; checks to
employees; deductions.

Upon the last day of each month, or not more than ten 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 such 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. (Code 1959, § 2-123.)

Sec. 2-124. 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 1959, §
2-124.)

Article VI. City Attorney.[68]

Sec. 2-125. Appointment; qualifications; term; residency requirement.

The city manager, with the advice and consent of the city
council, shall appoint an attorney for the city, who shall have
been admitted to practice in the courts of the commonwealth.
The city attorney shall be removable at any time by the city
manager with the concurrence of the city council. The city
attorney shall reside in the city during such term of office.
(Code 1959, § 2-125; 2-20-73.)

Sec. 2-126. Powers and duties generally.

The city attorney shall have the management, charge and
control of all law business of the city and shall be the legal
adviser of the city council, any committee thereof, the city
officers and 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 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 city 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, whether in law
or in equity, and also to appear and defend and advocate the
rights and interest 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 city council.

It is 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 so directed by the city
council or by the city manager. (Code 1959, § 2-126.)

Sec. 2-127. 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 the director of finance with an
itemized statement showing from whom and for what account
the money was received. (Code 1959, § 2-127.)

Sec. 2-128. Reports.

The city attorney shall prepare for submission as soon after
the close of each month as it may be practicable, a report
setting forth all action that has been taken by his office during
the preceding month.

At the close of each fiscal year, the city attorney shall make
an annual report to the city council, giving a condensed statement
of all business done in his office for the city in the year
immediately preceding such report, with a list of all deeds and
contracts prepared to which the city was a party, of all written
opinions given upon city business, of all suits and actions
ended and those pending at the time of the report, and he
shall make such suggestions touching the interests of the city
in connection with his official duties as he may deem partinent.
(Code 1959, § 2-128.)

Sec. 2-129. Attendance at meetings of council and committees.

It shall be the duty of the city attorney to attend all meetings
of the city council unless excused by the presiding officer
or the city manager. He shall attend all meetings of the committees
of the city council when notified so to do by the clerk
of the council or the city manager. (Code 1959, § 2-129.)

Sec. 2-130. 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 city council and shall inspect
all matter spread upon the journal and ordinance book
before the same is signed. (Code 1959, § 2-130.)

Sec. 2-131. Salary to be in full compensation for services;
traveling expenses.

The salary of the city attorney shall be in full compensation

for his services. When the duties of his office require his attendance
out of the city, his reasonable traveling expenses
shall be allowed him. (Code 1959, § 2-131.)

Article VII. City Purchasing Agent.[69]

Sec. 2-132. Appointment.

There shall be appointed by the city manager a city purchasing
agent. Such appointment must be approved by
city council before becoming final. (Code 1959, § 2-132; 8-19-68.)

Sec. 2-133. 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 city manager. (Code 1959, § 2-133; 8-19-68.)

Sec. 2-134. 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 city manager, or as otherwise
provided by law. (Code 1959, § 2-134; 8-19-68.)

Sec. 2-135. Requisitions for supplies.[70]

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. All such requisitions must be
approved by the city manager. (Code 1959, § 2-135.)

Sec. 2-136. Appropriation prerequisite 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.
(Code 1959, § 2-136.)

Sec. 2-137. Authority to secure bids; specifications to bidders.

The city purchasing agent is authorized to give notice and
secure bids on purchases when he deems it advisable. Whenever
practicable, the city purchasing agent shall furnish
standard specifications to the bidders. (Code 1959, § 2-137.)

Sec. 2-138. 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 1959, § 2-138.)

Article VIII. Attorney for the Commonwealth.

Sec. 2-139. Term, duties and compensation generally.[71]

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. (Code 1959, § 2139.)

Sec. 2-140. Additional duties.

In addition to the duties prescribed in section 2-139, 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.
(Code 1959, § 2-140.)

Sec. 2-141. 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 provision of this Code or other
city ordinance is involved. (Code 1959, § 2-141.)

Article IX. Commissioner of Revenue.[72]

Sec. 2-142. Election; city assessor; vacancy in office; bond.[73]

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 state and with this Code and
other ordinances, rules and regulations of the city council not
inconsistent therewith. Any vacancy arising in such office shall
be filled in accordance with the laws of the state. He shall give
bond in such a sum as the city council may require. (Code
1959, § 2-142.)

Sec. 2-143. Compensation.[74]

The commissioner of revenue shall receive such compensation
as is provided by the statutes of the state. (Code 1959, § 2143.)

Sec. 2-144. When to begin duties.[75]

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 personal property
and list all other property of whatever character, except
real estate, subject to taxation and license, and to otherwise
discharge the duties of his office as prescribed by the laws of
the state, the Charter, this Code and other ordinances of the
city and the rules and regulations of the city council. (Code
1959, § 2-144.)

Sec. 2-145. Duties generally; office; books and papers.

The commissioner of revenue shall perform all the duties
in relation to the assessment of personal property for the purpose
of levying the city taxes that may be ordered by the city
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 city council, or any committee thereof, the city
manager, the director of finance, the city attorney and the
city treasurer. (Code 1959, § 2-145.)

Sec. 2-146. Books, forms, etc., to be used; city to furnish
books, forms, stationery, etc.

The commissioner of revenue shall use the 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 city
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. (Code 1959, § 2-146.)

Sec. 2-147. 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 shall be followed;
provided, that no person shall be required to list for taxation

the items classified in section 58-829.1 or in section 58-832,
Va. Code Ann., as amended. (Code 1959, § 2-147; 12-28-65.)

Sec. 2-148. Same—Lists of valuations; personal property
used in connection with business, etc.

The commissioner of revenue shall furnish to each person
forms for list of valuations and such person shall, within the
time and in the manner therein mentioned, make out and
deliver to the commissioner sworn statements of all livestock,
automobiles, trailers, boats under five tons burthen, boat
trailers, tractors or other motor vehicles, and mobile homes
which such person is required by the laws of Virginia and this
chapter to list; and, such person shall also make out and
deliver to the commissioner sworn statements of all machinery,
tools and other tangible personal property used or
held in connection with any mining, manufacturing or other
business, trade, occupation or profession including furnishings,
furniture and appliances in rental units. (Code 1959, §
2-148; 2-7-55; 7-17-61; 12-28-65.)

Sec. 2-149. 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. (Code 1959, § 2-149; 7-17-61; 12-28-65.)

Sec. 2-150. Same—Penalty for failure to make return or
refusal to exhibit property.[76]

If any person shall fail within the time mentioned in this

chapter to deliver the lists in the manner prescribed therein, or 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 be
fined not less than ten nor more than one hundred dollars.

In addition to the foregoing, for failure to file a return listing
personal property within the time or in the manner prescribed by
section 2-148 and applicable state law, there is hereby imposed a
penalty in the amount of ten percentum of the tax assessable or
due on such property, or two dollars, whichever is greater. (Code
1959, § 2-150; 10-1-73, § 1.)

Sec. 2-151. State law followed as to personal property books.

The personal property books shall be made up, examined,
certified and delivered as provided by the laws of the
Commonwealth of Virginia. (Code 1959, § 2-151.)

Sec. 2-152. 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 a 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.
(Code 1959, § 2-152.)

Sec. 2-153. Same — Penalty for failure to pay when due.

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
percentum of the amount of the license tax then due. Such
penalty shall be assessed and paid along with the license tax and
shall become a part of the license tax. (Code 1959, § 2-153.)

Sec. 2-154. Same — Commissioner to report delinquents to
city manager.

It shall be the duty of the commissioner of revenue to report in

writing to the city manager each month all cases of default in the
payment of a license tax, as soon as they come to his knowledge,
and if there be no default, he shall so report. (Code 1959, § 2-154.)

Sec. 2-155. Same — City manager to cause delinquents to be
summoned before court.

It shall be the duty of the city manager immediately upon
receipt of the report required by section 2-154 to cause such
delinquents to be summoned before the judge of the municipal
court to show cause why they should not be fined under the
provisions of the license tax ordinance. (Code 1959, § 2-155.)

Article X. Sinking Fund Commission.[77]

Sec. 2-156. 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, the chairman of the finance
committee of the city council, the director of finance and the
treasurer shall constitute a board to be called the sinking fund
commission. (Code 1959, § 2-156.)

Sec. 2-157. President and secretary; keeping journal;
preserving books and papers.

The mayor shall be the president and the director of finance and
the secretary of the sinking fund commission. 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. (Code 1959, § 2-157.)

Sec. 2-158. City treasurer to keep account and be custodian of
funds.

The city council shall set apart from the sources of the

custodian of all money, bonds and other evidences of debt
belonging to the sinking fund. (Code 1959, § 2-158.)

Sec. 2-159. Setting apart sinking fund.

The city 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. One-half of such
fund shall be set apart on the first day of January of each year
and the other half on the first day of July of each year, and the
fund 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 city
council to any other purpose. (Code 1959, § 2-159.)

Sec. 2-160. Investment of funds; redemption of city debt.

The sinking fund commission shall apply all appropriations,
interest and profits from any bonds held by them to purchase of
bonds or certificates of debt of this city, of this state, of the United
States or of some other state of this union or to the purchase of
any other securities which, under the laws of this state, are
designated and approved for the investment of fiduciary funds.
The accrued interest on such securities shall be collected by the
city treasurer when due and deposited to the credit of the sinking
fund. All such securities, or reinvestments of the 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 city 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. (Code 1959, § 2-160.)

Sec. 2-161. Annual report.

The sinking fund commission shall, through the city treasurer,
not later than the thirty-first day of each July, make a report of
the condition of the sinking fund to the city council. Such report
shall state the cash receipts for the year, in detail, an itemized list
of bonds bought or sold, with the price paid or received, and a
detailed list of all securities held by the sinking fund commission.
Such report shall be audited and approved by the secretary of the
sinking fund commission before it is presented to the city council.
(Code 1959, § 2-161.)

Sec. 2-162. Disbursements.

All disbursements by the sinking fund commission shall be by
warrant of the secretary, countersigned by the president of the
sinking fund commission, drawn on the city treasurer. (Code
1959, § 2-162.)

Sec. 2-163. Opening safety deposit box.

The bank safety deposit box of the sinking fund commission
shall be opened only in the presence of the city treasurer or his
deputy and one member of the sinking fund commission other
than the city treasurer. (Code 1959, § 2-163.)

Article XI. Real Estate Assessment.[78]

Sec. 2-164. Annual assessment.

All real estate in the city, not exempted from taxation by the
Constitution of Virginia and not assessable for taxation by the
state corporation commission, as provided by law, shall be
assessed annually for taxation by the city. (11-6-61.)

Sec. 2-165. Assessor of real estate—Office created; appointment;
salary; term of office; qualifications.

For the purpose of assessing real estate for annual taxation, the
office of assessor of real estate is hereby created. The assessor of
real estate shall be appointed by the city council at a salary to be
fixed by the city council, and shall give his entire time to the
duties of his office. The assessor of real estate shall be appointed
for a two year term, ending August 31 of every even-numbered
year. He shall be chosen on the basis of his knowledge of and
experience in real estate appraisal practices and procedures and
his administrative ability. (11-6-61; 9-8-70.)

Sec. 2-166. Same—Employees; annual budget; purchases.

The assessor of real estate may employ a deputy assessor,
subject to approval of the city council, and such other clerical

and other assistants as the city council may from time to time
authorize and for which appropriations have been made. Any
persons so employed shall be under the general supervision of the
assessor of real estate. The assessor of real estate shall submit to
the city manager, on or before February 15 of each year, a
proposed budget for the operation of his office for the next fiscal
year. All purchases made by the assessor of real estate shall be
made through the city purchasing agent. (11-6-61.)

Sec. 2-167. Same — Powers and duties.

The assessor of real estate shall have the general management
and control of the assessment of real estate for taxation in
accordance with the applicable state laws and subject to the
control of the city council. He shall annually assess for taxation,
at its fair market value, all real estate in the city not exempted
from taxation by the Constitution of Virginia and not assessable
for taxation by the state corporation commission, which shall
include all land, buildings, structures and improvements thereon
and all rights thereto and interests therein. He shall further
perform all other duties required by law to be performed by the
commissoner of revenue in respect to real estate assessments.
(11-6-61.)

Sec. 2-168. Same — Removal.

The city council may remove the assessor of real estate from his
office for cause. No order of removal under this section shall be
made until the assessor of real estate has been given reasonable
notice in writing of the charge against him and an opportunity to
be heard in person or by counsel and to present testimony in his
defense. Such order shall specify the cause for removal, and an
appeal shall lie therefrom, of right, to the corporation court of the
city. Such order shall not be passed except by a vote by a majority
of the city council. (11-6-61.)

Sec. 2-169. Time of making assessments; land book.

The annual assessment by the assessor of real estate shall be
completed by April 15 of the year in which such assessments are
made. The assessor of real estate shall prepare a book in such

form as he may adopt, showing such assessments in the manner
provided by the applicable state laws, which shall constitute the
land book. Taxes for each year shall be extended on the basis of
the land book made in that year, subject to such changes as may
have been lawfully made. Sufficient copies of such book shall be
prepared to comply with the statutes relating to land books.
(11-6-61; 11-14-73, § 1.)

Sec. 2-170. Right of assessor to examine witnesses, obtain
information, etc.; refusal to supply information
or permit inspection.

The assessor of real estate shall have the right to summons,
swear and examine witnesses and require owners of property to
furnish any pertinent information or records with respect to the
cost of land or improvements, materials used in construction,
insurance carried, rental value or other information relating to
the actual value of the property to be assessed. He shall have the
right to inspect both the exterior and interior of improvements on
property to be assessed. No person shall fail to supply pertinent
information or records requested by the assessor of real estate or
refuse to permit an inspection of property as hereinabove
provided. (11-6-61.)

Sec. 2-171. Notice of change in assessment.

Upon determination by the assessor of real estate that the
assessment of any property should be changed, notice of such
determination shall be given by mail to the owner at his last
known post office address. (11-6-61.)

Sec. 2-172. Clerk to furnish lists of real estate transfers to
assessor.

The clerk of the corporation court of the city shall furnish to the
assessor of real estate the lists of real estate transfers required by
law to be furnished the commissioner of revenue. (11-6-61.)

Sec. 2-172.1. Board of equalization — Membership;
appointment and qualifications of members.[79]

The corporation court of the city, or the judge thereof in

vacation, shall, annually, appoint for the city a board of
equalization of real estate assessments, to be composed of three
members. Each member shall be a freeholder of the city and shall
be selected by the court, or the judge thereof in vacation, from the
citizens of the city. Each member shall remain a resident of the
city during his term of office. (11-6-61.)

Sec. 2-172.2. Same — Term of office of members; filling of
vacancies.

The terms of the members of the board of equalization shall
commence on the first day of December and shall expire on the
thirtieth day of the following November, unless such terms are
extended. The corporation court of the city, or the judge thereof in
vacation, may extend the terms of the members of the board and
shall fill any vacancy therein for the unexpired term. (11-6-61.)

Sec. 2-172.3. Same — Compensation and expenses of
members.

The members of the board of equalization shall receive per diem
compensation for the time actually engaged in the duties of the
board, to be fixed by the city council; provided, that the city
council may limit the per diem compensation to such number of
days as in its opinion is sufficient for the completion of the work
of the board. The board may be allowed its reasonable expenses
for the operation of its affairs. Such compensation and expenses
shall be paid out of the city treasury. (11-6-61.)

Sec. 2-172.4. Same—Powers and duties.

The board of equalization shall have and exercise the power to
revise, correct and amend any assessment of real estate made by
the assessor of real estate in the year in which they served. To
that end, the board shall have all the powers conferred on such
boards by chapter 19 of title 58 of the Code of Virginia and any
acts amendatory thereof and supplemental thereto. (11-6-61.)

Sec. 2-172.5. Hearings before assessor and board of
equalization.

Any person aggrieved by an assessment made by the assessor

of real estate shall have the right, upon filing a written request
with him within thirty days after mailing of the notice of such
assessment or of a change in such assessment, to a hearing before
the assessor of real estate. No fee or charge shall be assessed
against the owner for or because of such hearing.

After the hearing before the assessor of real estate, if the
person is still aggrieved by the assessment, he may apply to the
board of equalization for a hearing. Such application shall be in
writing and filed with the board of equalization within thirty
days after the hearing before the assessor of real estate and be
made pursuant to the rules and regulations for such hearings
adopted by the board. The board of equalization may adopt such
rules and regulations, notwithstanding chapter 19 of title 58 of
the Code of Virginia, as it deems proper, looking to the further
facilitation and simplification of proceedings before it. (11-6-61.)

Sec. 2-172.6. Right of appeal to corporation court.

Any person aggrieved by any assessment made by the assessor
of real estate or the board of equalization may, after a hearing
before the assessor of real estate and after a hearing before the
board of equalization, apply for relief to the corporation court of
the city in the manner provided by section 58-1145 of the Code of
Virginia. (11-6-61.)

Article XII. Airport Commission.[80]

Sec. 2-173. Creation; composition; appointment, terms and
compensation of members.

There is hereby established a Charlottesville-Albemarle Joint
Airport Commission, to consist of seven members. The members
shall be citizens of the city or of Albemarle County who hold no
other municipal office and who shall be appointed by joint action
of the city council and the board of supervisors of Albemarle
County.

All members of the commission shall serve without
compensation. The city manager, county executive, and the
airport manager will serve as advisory, non-voting members of
the commission, and will be in addition to the seven voting
members of the commission. All voting members will serve terms
which expire on December first of the third year following their
appointment.

No voting member will be reappointed who has served as a
member for six consecutive years immediately preceding such
reappointment. (Code 1959, § 2-173; 12-21-64; 12-2-68; 4-15-74, § 1.)

Sec. 2-174. Officers; minutes of meetings.

As soon after their appointment as possible, the voting
members of the Airport Commission will convene and elect a
chairperson and vice-chairperson from their group for a term of
one year. The airport manager's secretary will serve as secretary
to the airport commission and will perform such other duties as
he may be assigned, including the keeping of proper minutes of
the meetings of the commission. (Code 1959, § 2-174; 4-20-70;
4-15-74, § 1.)

Sec. 2-175. Vacancies.

Vacancies occurring in the airport commission for any reason
shall be filled by appointment through joint action of the city
council and the board of supervisors of Albemarle County. (Code
1959, § 2-175; 4-15-74, § 1.)

Sec. 2-176. Powers and duties generally.

The airport commission shall be an advisory body having the
duty of keeping the two governing bodies and the
Charlottesville-Albemarle Airport Board advised on all matters
pertaining to the airport. (Code 1959, § 2-173; 12-21-64; 12-2-68;
4-20-70; 4-15-74, § 1.)

Sec. 2-177. Repealed by Ordinance adopted April 20, 1970.

Sec. 2-178. Repealed by Ordinance adopted April 15, 1974.

Article XIII. Officers and Employees Generally.[81]

Sec. 2-179. Officers elected by council; term; vacancies.[82]

There may be elected by the city council such officers and clerks
as the city council deems proper and necessary and any one or
more of the offices may be held and exercised by the same person.
Unless otherwise specially provided, every municipal officer
elected by the city council shall hold his office for a term of two
years and be removable at the will of the city 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 city 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 city council shall hold office until his
successor shall have been elected and shall have qualified and
given bond unless he be sooner removed. (Code 1959, § 2-179.)

Sec. 2-180. Authority of officers appointed by council.[83]

The officers of the city elected or appointed by the city 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 city council.
(Code 1959, § 2-180.)

Sec. 2-181. Compensation fixed by council; traveling expenses;
officers in arrears or default.[84]

The salaries of all officers who shall receive stated
compensation for their services from the city shall be fixed by the

city 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. (Code 1959, §
2-181.)

Sec. 2-181.1. Repealed by Ordinance adopted July 1, 1974.

Sec. 2-182. Appointment of substitute during inability to
serve.

If any officer elected by the city council is 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 city 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 city council. (Code 1959, §
2-182.)

Sec. 2-183. Removal by mayor or council.[85]

For malfeasance, misfeasance, neglect of duty, incapacity
or any other good cause, the mayor or city council may remove
from office any officer elected or appointed by the city
council. (Code 1959, § 2-183.)

Sec. 2-184. Salary of suspended officer.

Any officer who shall be suspended by the mayor or city
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, that if the suspension is not sustained, the

officer so suspended shall receive his pay in full, as if no
suspension had occurred. (Code 1959, § 2-184.)

Sec. 2-185. Absence from city of superintendents of
departments.[86]

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. (Code 1959,
§ 2-185.)

Sec. 2-186. Bonds.[87]

All city employees and officials shall give bond to the city, with
corporate surety to be approved by the finance committee of the
city council, conditioned so as to secure the faithful performance
of their duties to the city. The penalties of such bonds shall be as
follows:

         

City treasurer	$40,000.00
Purchasing agent	10,000.00
Director of finance and clerk of the council	10,000.00
City manager	10,000.00
All other officials and employees of the city, each	5,000.00

The premium on all such bonds shall be paid by the city. (Code
1959, § 2-186; 8-19-68.)

Sec. 2-187. 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. (Code 1959, §
2-187.)

Sec. 2-188. Same — Report by finance committee; bonds filed
with clerk of the council.

The finance committee of the city council shall report to the

city council all official bonds given as required by sections 2-186
and 2-187 for entry upon its journal. The bonds shall be filed in
the office of the clerk of the city council. (Code 1959, § 2-188.)

Sec. 2-189. 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 1959, § 2-189.)

Sec. 2-189.1. Legal holidays.

In each year, the first day of January (New Year's Day), the
third Monday in January (Lee-Jackson Day), the third Monday in
February (George Washington's Birthday), the thirteenth day of
April (Jefferson's Birthday), the last Monday in May (Confederate
Memorial Day), the fourth day of July (Independence
Day), the first Monday in September (Labor Day), the eleventh
day of November (Veterans' Day), the fourth Thursday in November
(Thanksgiving Day), the twenty-fifth day of December
(Christmas Day), or whenever any of such days shall fall on
Saturday, the preceding Friday shall be a legal holiday and
whenever such days shall fall on Sunday, the Monday next following
such day shall be a legal holiday. (1-4-71; 8-20-73.)

Sec. 2-189.2. Creation of personnel department.

There shall be a department of personnel which shall consist of
a director of personnel, a personnel appeals board and such
employees as may be authorized from time to time. (7-1-74, § 1.)

Sec. 2-189.3. Director of personnel.

The director of personnel shall be appointed by, and at the
pleasure of the city manager. He shall be chosen on the basis of
his general executive and administrative ability and experience,
with due regard for his education, training and experience in
personnel management. The director shall appoint the employees
of the department, and shall have general management and
control over them. He shall be responsible for the formulation and
administration of the personnel policies of the city. He shall serve

ex officio as the secretary of the personnel appeals board but shall
have no vote thereon. (7-1-74, § 1.)

Sec. 2-189.4. Personnel appeals board—Generally.

There is hereby created a personnel appeals board which shall
consist of three persons who are not employees of the city who
shall be appointed by the council. Of those first appointed one
shall be appointed to serve for one year, one for two years, and
one for three years. Thereafter, members shall be appointed for
the full term of three years. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. The
board shall annually choose one of its members to act as
chairman. Two members of the board shall constitute a
quorum. The members of the board shall serve without
compensation. No member of the board shall serve more than two
consecutive full terms; provided, that members initially
appointed to lesser terms or appointed to fill unexpired terms
may thereafter serve two full terms. (7-1-74, § 1.)

Sec. 2-189.5. Same—Powers and duties; appeals by employees
to board.

The personnel appeals board shall constitute the final authority
to rule upon grievances filed by employees under the grievance
procedure promulgated pursuant to section 2-189.10.

In addition any city officer or employee subject to appointment
by an appointee of the city council or of the city manager shall
have an appeal of right to the board from any administrative
action suspending such employee for more than five consecutive
work days, reducing such employee in rank or pay, changing the
classification of such employee adversely, or removing or
discharging such employee, which types of personnel actions are
not considered to be subject to the aforementioned grievance
procedures. Such appeals shall be made within ten calendar days
after the exhaustion of all administrative remedies available to
such employee; provided, however, that such an appeal shall not
be available to heads of city departments or non-clerical
employees in the office of the city manager.

Within ten working days of receipt of notice of such an appeal

the board shall convene a hearing which may be in public or in
executive session at the option of the appellant and at which the
appellant may be represented by legal counsel or by some other
person of his own choosing. The city may be represented by
counsel or by the head of the department in which the appellant
employee is employed. As soon as practicable after such hearing
the board shall report in writing its findings and
recommendations to the city manager, which findings and
recommendations are to be merely advisory and in no way
mandatory or binding upon the city manager. (7-1-74, § 1.)

Sec. 2-189.6. Employee classification plan.

A classification plan shall be recommended by the director of
personnel and approved by the city manager. It shall set forth
titles, duties and specifications for the various kinds of work
performed by employees of the city. Changes in the classification
plan may be recommended from time to time by the director of
personnel and shall take effect when approved by the city
manager. The class titles set forth in the classification plan shall
be used to designate such positions in all official records,
documents, vouchers and communications, and no person shall be
appointed to or employed in a position within the city service
under any class title which has not been recommended by the
director of personnel and approved by the city manager as
appropriate to the duties to be performed. (7-1-74, § 1.)

Sec. 2-189.7. Employee pay plan—Generally.

There shall be a pay plan consisting of a salary range for each
class of positions in the classification plan, which shall provide for
increments within such range to be earned by length of service
and satisfactory performance. Each class of positions shall be
allocated to a salary range with due regard to the salary ranges
for other classes and to the relative difficulty and responsibility
of characteristic duties of positions in the class, the desirable
qualifications, the prevailing rates paid within the effective
recruiting area, and any other factors that have a bearing on the
adequacy and fairness of the range. The pay plan shall be
submitted to city council by the city manager for review and
approval. (7-1-74, § 1.)

Sec. 2-189.8. Same—Changes.

The director of personnel shall constantly review the pay
ranges of classifications within the pay plan and, when
necessary, make recommendations for changes to the city
manager. The ranges of pay for each class of positions may be
changed by the city manager upon such recommendation of the
director of personnel, provided appropriate funds are available
for any increases in the ranges, and provided further, that no
more than five percent of the total authorized positions are
affected by any single action. Any amendment or revision of the
pay plan which exceeds the foregoing limitation shall be
transmitted to the council for approval. (7-1-74, § 1.)

Sec. 2-189.9. Same—Interpretation.

The director of personnel shall be responsible for interpreting
and applying the pay plan to pay questions or problems which are
not specifically addressed by the pay plan. (7-1-74, § 1.)

Sec. 2-189.10. Administrative personnel regulations.

The director of personnel shall prepare and recommend to the
city manager a grievance procedure and such other
administrative regulations as he may consider necessary to carry
out the provisions of sections 2-189.2 to 2-189.11 and to provide
systematic and equitable handling of the personnel affairs of the
city. Before recommending any such regulations to the city
manager the director of personnel shall cause copies of the same
to be posted in a conspicuous place in city hall and in such other
locations as are reasonably calculated to inform all city employees
of the provisions of the proposed regulations. There shall be
attached to such posted copies a notice setting forth the time and
place at which the director of personnel shall conduct a public
hearing at which any city employee may appear to be heard for or
against such regulations. Such notice shall be posted not less than
five working days prior to such hearing. Following such hearing
the director of personnel shall submit such amendments or
revisions thereto as he shall deem necessary to the city manager
for final approval or disapproval. Upon approval by the city

manager such regulations shall be in force until amended or
rescinded by the foregoing process. (7-1-74, § 1.)

Sec. 2-189.11. Equal employment opportunity.

The City of Charlottesville shall maintain and promote equal
employment opportunity. Appointments, tenure and promotions
shall be based upon fitness and performance without regard to
sex, race, religion, national origin, political affiliation or other
non-job related factors. (7-1-74, § 1.)

Article XIV. Beautification Commission.

Sec. 2-190. Established; name.

There is hereby established a Charlottesville-Albemarle joint
commission for beautification, which shall be known as the
Charlottesville and Albemarle Beautification Commission.
(4-15-63.)

Sec. 2-191. Bylaws.

The beautification commission shall act in accordance with
bylaws adopted by the city council and Albemarle County Board
of Supervisors hereafter, which bylaws shall be spread in the
current ordinance books of the city and county, and which are
herein incorporated by reference. (4-15-63.)

meeting, to be signed by himself and the president, and shall
preserve all books and papers of the commission in his office.
(1-6-64.)

Sec. 2-194. 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 money, securities, bonds and other evidences
of debt belonging to the retirement fund. (1-6-64.)

Sec. 2-195. Setting apart funds for retirement plan.

The city council shall appropriate each year a sum estimated
to be sufficient for that fiscal year to make all payments
required by the city's supplemental retirement or pension
plan, and any unexpended funds so appropriated, shall be
placed in a fund to be known as the Retirement Fund. The
Retirement Fund and the annual increments to the fund, if
any, shall be invested as set forth in section 2-196. The annual
income from the Retirement Fund may be used toward
the payments due under the city's supplemental retirement or
pension plan, as amended; or, such annual income may be
added to the principal of the fund until such time as the city
council determines that the Retirement Fund has sufficient
principal and that income from such principal will suffice to
make the payments due under such retirement plan. (1-6-64.)

Sec. 2-196. Investment of funds.

The retirement fund commission shall apply all appropriations,
interest and profits from any securities, bonds or other
evidences of debt held by them to the purchase of bonds or
certificates of debt of this city, of this state, of the United
States or of some other state of the United States or to the
purchase of any other securities which, under the laws of
this state, are designated and approved for the investment of
fiduciary funds. The accrued interest and dividends on such
securities shall be collected by the city treasurer when due and
deposited to the credit of the Retirement Fund. All such securities
or reinvestments of the same and the interest and
dividends thereon shall be reinvested according to the provisions
of this section; provided, that unless some other

provision is made by the city council for such payment, sufficient
funds shall be retained as cash in the fund to provide
for the payments under the retirement plan. (1-6-64.)

Sec. 2-197. Annual report to council.

The retirement plan commission shall, through the city
treasurer, not later than February 28 of each year, make a report
of the condition of the retirement fund to the city council.
The report shall contain any changes the retirement plan
commission desires to recommend concerning the retirement
fund or the retirement plan and such report shall also state
the cash receipts for the year in detail, an itemized list of securities
bought or sold, with the price paid or received and
a detailed list of all assets of the fund. Such report shall be
audited and approved by the secretary of the retirement plan
commission before it is presented to the city council. (1-664.)

Sec. 2-198. Disbursements.

All disbursements by the retirement plan commission shall
be by warrant of the secretary, countersigned by the president
of the commission, drawn on the city treasurer. (1-6-64.)

Sec. 2-199. Opening safety deposit box.

The bank safety deposit box of the retirement plan commission
shall be opened only in the presence of the city treasurer
or his deputy and one member of the retirement plan
commission other than the city treasurer. (1-6-64.)

Article XVI. Supplemental Retirement or Pension Plan.[88]

Sec. 2-200. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to
them by this section:

Continuous service. Service during which time an employee

was not absent from the payroll of the city for longer than
ninety days at any one time, except with the consent of the
city council. Should an absence for a longer period than ninety
days be caused by accident, illness or other event beyond
the control of the employee, the city council may authorize
such absence to be considered as continuous service.

Absence on account of service in the armed forces of the
United States in time of war or under any military training
law of the United States or any state, territory or district
thereof shall not be regarded as interrupting continuous service,
provided the employee returns to the service of the city
within ninety days after termination of his military service.

Should an employee leave the service of the city and later
be reemployed, the basis for computing time for retirement
pay purposes shall be from the time of reemployment.

Full-time employees of the city. Those employees who are
employed by the city on a full-time year-round basis, whether
paid by the hour, week, month or otherwise. Such term does
not include any person, judicial, professional or otherwise,
employed either on a part-time basis or on a seasonal basis;
nor does it include any official elected by the people or any
person employed in the office of such people; except, that it
does include the commissioner of revenue, the city treasurer,
the city sergeant, the clerk of the corporation court and their
full-time employees; and, it does include the judge of the municipal
court, the judge of the juvenile domestic relations
court and the commonwealth attorney, but not their employees.
Employees of the public school system of the city
and the employees of the joint health department are not
included since these departments participate in the state retirement
system. State officials and persons employed in the
office of such officials, regardless of whether or not the city
contributes to the salaries of such persons, are not included.

Regular annual salary. The annual amount of money paid
by the city to an employee. The regular annual salary of the
city commissioner of revenue, city treasurer, city sergeant,
the clerk of the corporation court and their full-time employees
shall be the amount set by the state compensation
board. The regular annual salary of an employee paid on an
hourly basis shall be computed at his regular hourly rate

times the regular number of working hours per week times
fifty-two. (11-2-59; 4-3-61.)

Sec. 2-201. Established; effective date; name.

Effective November 2, 1959, there is hereby established a
retirement or pension plan for city employees, to be known
as "The Supplemental Retirement or Pension Plan of the City
of Charlottesville, 1959." (11-2-59.)

Sec. 2-202. Contributions by employees not required; amount
of social security payments to be deducted from
benefits.

No contribution by city employees will be required in connection
with the retirement pay plan established under this
article, but the amount of any payments for primary social
security benefits to which such employee is entitled under the
old age or disability benefit provisions of the federal Social
Security Act, at the time he becomes eligible to receive retirement
or disability pay shall be deducted from the total
amount of such retirement pay due from the city as is set
forth in section 2-208 so that the primary social security benefits
to which the employee is entitled under the federal Social
Security Act together with the supplemental retirement pay
to be paid by the city to such employee, shall equal the total
amount of such retirement pay as is set forth in section 2-208,
and any increase in social security benefits to an employee subsequent
to the time he becomes eligible to receive retirement
or disability pay will not decrease the amount of retirement
pay due from the city. (11-2-59; 2-19-68.)

Sec. 2-203. Benefits from police, fire, etc., benefit associations
in addition to benefits under article.

Any payments or benefits received by an employee from
the police or fireman's benefit associations or other similar
organizations which are not financially dependent upon the
city are separate and in addition to any retirement pay to
be paid under the provisions of this article. (11-2-59.)

Sec. 2-204. Benefits not affected by employment after retirement.

The city makes no limitations on the activities of an employee

after retirement. The fact that he may be employed
elsewhere after retirement will not affect the payment of the
retirement pay herein provided. (11-2-59.)

Sec. 2-205. Minimum length of service prior to retirement.

No city employee shall be eligible for retirement unless such
employee has at least ten years of continuous full time service
with the city. (11-2-59; 2-2-70.)

Sec. 2-206. Applicability of plan; retirement age; reduced
benefits for retirement at sixty-two; retirement
of certain employees over sixty-two may be
requested.

The provisions of this article shall extend to all full-time
employees of the city who

(1) Remain in the continuous service of the city until they
reach the age of sixty-five years and have ten years or more of
continuous service with the city; or

(2) Meet the requirements of (1) above but decide to retire at
age sixty-two or over at reduced benefits as set forth in section
2-207; or

(3) Are forced to retire for reasons of disability as set forth in
section 2-209; or

(4) Are, having reached the age of sixty-two or over and having
at least twenty years of continuous service, requested to retire by
the city council, if appointed by them, or by the city manager, if
employed by him or his department heads; or

(5) Complete at least twenty years of continuous and full-time
employment with the city and terminate their employment either
voluntarily or involuntarily, prior to their reaching retirement
age. These persons shall be eligible to receive retirement pay from
the city when they reach the age of sixty-five, or at reduced
benefits at age sixty-two or over as provided in this article, at the
rates set forth in section 2-208.

Retirement pay under this section shall be based on the amount
of the employee's salary and the number of years of service
effective at the time his city employment is terminated.

Notwithstanding any other provision of this article or section,
any employee, regardless of age, who shall have been
continuously employed by the city on a full-time basis for a period
of forty-five years or more, shall be eligible to retire with full
benefits as set forth in this article. (11-2-59; 4-3-61; 2-19-68; 4-2-73.)

Sec. 2-207. Basis for retirement pay.

Retirement pay shall be based upon regular annual salary
received at the time of retirement, except as otherwise provided in
this article, and upon years of continuous service, not less than
ten, in accordance with the table set out in this article. Except in
those cases covered in subsection (a) of section 2-213, the
retirement pay of any employee who continues his service with
the city after reaching the age of sixty-five years shall be based on
rate of compensation and length of service at age of sixty-five,
regardless of any further service with the city, but subject to and
including any increase or decrease that the employee would have
received under the provisions of section 2-208 had he retired at
age sixty-five; provided, that if such retirement is done prior to
the age of sixty-five, the employee shall receive reduced benefit as
follows: If retired at the age of sixty-two, eighty per cent; if
retired at the age of sixty-three, eighty-six and two-thirds per
cent; if retired at the age of sixty-four, ninety-three and one-third
per cent of the amount he would receive if he retired at the age of
sixty-five. (11-2-59; 4-15-63.)

Sec. 2-208. Retirement pay rates.

Subject to the terms of this article, including the reduction for
primary social security benefits, as provided in section 2-202, the
city will pay retirement pay on a monthly basis to any person
eligible to receive such retirement pay in accordance with the
formula set forth below.

FORMULA FIXING RETIREMENT PERCENTAGES
BASED ON SALARY AND YEARS OF SERVICE
AND INCLUDING PRIMARY SOCIAL SECURITY
BENEFITS.

       

Annual Salary At Time of Retirement	10 Yrs. Thru 14 Yrs.	15 Yrs. Thru 19 Yrs.	20 Years and Over
Up to $15,000 per yr.	30% of salary, plus 2% for each full year of service after 10th thru 14th	40% of salary, plus 2% for each full year of service after 15th thru 19th	50% of salary, plus ½ of 1% for each full year of service after the 20th
On portion of salary over $15,000	The above plus— On portion of salary in excess of $15,000, 20%, plus 2% for each full year of service after 10th thru 14th	The above plus— On portion of salary in excess of $15,000, 30%, plus 2% for each full year of service after 15th thru 19th	The above plus— On portion of salary in excess of $15,000, 40%, plus ½ of 1% for each full year of service after the 20th
Minimum	Minimum pay from city, $30.00 per month	Minimum pay from city, $40.00 per month	Minimum pay from city, $50.00 per month plus 5% for each full year in excess of 20 years

(11-2-59; 4-15-63; 2-15-65; 7-29-66; 2-19-68; 2-2-70.)

Sec. 2-209. Disability retirement after ten years service.

A city employee shall be eligible for disability retirement
under the applicable conditions and terms of this article when
due to physical disability after at least ten years of continuous
employment such retirement is recommended by the
employee's physician and, at the city's option a physician
selected by the city concurs in the medical findings and recommendation
of the employee's physician and such retirement is
approved by the city council. (11-2-59; 4-15-63; 2-2-70.)

Sec. 2-210. Commencement date of retirement pay.

Any person entitled to retirement pay under this plan shall
be paid on a monthly basis, commencing with the last day of
the month in which he becomes eligible to receive retirement
pay. (11-2-59; 2-19-68.)

Sec. 2-211. Withholding from benefits for taxes.

Retirement pay provided under this article is taxed as income
to the employee under the present federal income tax
laws, and the city will withhold and remit the tax to the government
as is required by law. (11-2-59.)

Sec. 2-212. Continuation of employment after age sixty-five.

All employees who come under the terms of this article
will be retired upon reaching the age of sixty-five, except as
provided in section 2-206, unless their continued services are
requested by the department head in whose department such
employees are employed and agreed to by the city manager
and such employees. In the case of department heads, their
service may be continued by the city manager, with the approval
of the city council. In the case of city council appointees,
the commissioner of revenue, the city treasurer, the city sergeant,
the clerk of the corporation court and their employees,
continued service shall be approved by the city council. No
employee shall be required to serve beyond the retirement age
if he wishes to retire, and he shall be eligible for any retirement
pay to which his length of service, not less than ten
years, and rate of pay entitle him under the provisions of this
article. (11-2-59; 4-15-63.)

Sec. 2-213. Employees not having ten years of service at
age sixty-five.

(a) When an employee employed before November 2, 1959,
reaches the age of sixty-five years and does not have at least
ten years of continuous employment with the city, his
employment shall terminate forthwith unless his continued
service is requested as provided in section 2-212. If such employee's
service is continued until he does have at least ten

years or more of continuous service with the city, he shall
then become eligible for retirement under this article, with
his retirement pay being based on rate of annual salary at
age of sixty-five and length of service being computed at
ten years.

(b) When an employee employed after November 2, 1959,
reaches the age of sixty-five years and does not have at least
ten years of continuous employment with the city, his employment
shall terminate forthwith, except as provided in section
2-212. (11-2-59.)

Sec. 2-214. Employment after sixty-five deemed temporary.

If an employee continues his service with the city after reaching
the age of sixty-five years, such continued service is temporary
and may be discontinued at any time by recommendation of the
department head and the city manager, or by the city council, as
the case may be. (11-2-59.)

Sec. 2-215. Increase or decrease in retirement pay.

Whenever the city increases or decreases the pay of its active
employees, the retirement pay of all retired employees may be
increased or decreased by the city council in approximately the
same ratio as the active employees within the same compensation
group. (11-2-59.)

Sec. 2-216. When employees not eligible for retirement pay.

Any employee whose employment with the city is terminated
either voluntarily or involuntarily before becoming eligible for
retirement pay under section 2-206 and related provisions of this
article shall not be eligible for retirement pay under this article.
(11-2-59; 5-6-68.)

Sec. 2-217. Applicability of article to previous retirants.

Retirement pay being paid by the city to retired city employees
as of November 2, 1959, shall not be affected by this article;
except, that the provisions of sections 2-215 and 2-218 shall apply
thereto. (11-2-59.)

Sec. 2-218. Early retirement for police and firemen.

Notwithstanding the provisions of sections 2-200 through 2-217,
all police and firemen serving as such shall be retired at the end of
the month in which they attain the age of sixty years. The pension
payable shall be computed in accordance with section 2-208.

Upon the attaining of the age of sixty-five years, or upon earlier
accepting social security benefits, the contribution of the city
shall be reduced by an amount equal to the primary social

security benefits for which the retired employee is eligible or is
actually receiving. (6-21-71.)

Sec. 2-219. Right of council to make changes of policy; waiver
of strict application of policy.

The city council reserves the right, from time to time, to make
changes in the policy expressed in this article and to make
exceptions in individual cases where the strict application of the
policy herein expressed would, in the opinion of the city council,
cause an unjust hardship. (11-2-59; 6-21-71, § 1.)

Article XVII. Official Safety Program.

Sec. 2-220. Duties of departments, officers and organizations.

The official safety program shall be carried into effect by the
following organizations or departments.

(a) The police department and all of its sworn personnel.

(b) The paid fire department and all of its personnel.

(c) The volunteer company designated as the "Charlottesville
Fire Company" and all of its members.

(d) The city sheriff and all of his deputies and correctional
officers.

(e) The Charlottesville-Albemarle Rescue Squad, Inc. and all of
its volunteer members. (9-5-72.)

Article XVIII. Social Development Commission.

Sec. 2-221. Established; purpose.

There is hereby created and established a commission to be
designated as the social development commission, whose purpose
shall be to advise the city council on matters related to human
resources and social development and to provide a mechanism for
citizen involvement in more effective planning and delivery of
human services. The matters with respect to which the
commission shall advise council shall include but not be limited to
the following: Manpower and job development, youth services,

elderly, the arts, information and referral, aspects of
transportation and aspects of housing. (3-11-74, § 1.)

Sec. 2-222. Composition, appointment and terms.

The social development commission shall be composed of
thirteen members, who shall be appointed by city council with a
view to providing a broad representation of various segments of
the community.

Of the members first appointed, five shall be appointed for
terms of three years each, four for terms of two years each and
four for terms of one year each. Thereafter all appointments shall
be for three years, except for appointments to fill vacancies,
which shall be for the unexpired remainder of the term. No
member shall serve for more than two terms, except for the
members initially appointed to a term of one or two years and
members appointed to fill vacancies, who may serve for two
additional full terms. (3-11-74, § 1.)

Sec. 2-223. Removal from office.

Any member of the social development commission may be
removed from office by city council for malfeasance or for
absence from four or more regularly scheduled meetings in any
calendar year. (3-11-74, § 1.)

Sec. 2-224. Meetings.

The social development commission shall hold a minimum of
one regularly scheduled meeting per month and may hold such
additional special meetings and work sessions as may be called by
the chairman or at the request of any five members made in
writing to the secretary of the commission. Upon receipt of such
written request, the secretary shall notify the membership of the
time, place and purpose of the meeting, at least five days in
advance thereof. A majority of the members appointed to the
commission shall constitute a quorum. All meetings of the
commission shall be subject to the provisions of the Virginia
Freedom of Information Act. A complete record of all public

meetings shall be maintained and available to the public. (3-11-74,
§ 1.)

Sec. 2-225. Officers.

The social development commission shall elect annually from
among its membership a chairman and a vice-chairman, who
shall act as presiding officer in the absence of the chairman. The
director of the department of community development shall
serve, ex officio, as secretary of the commission but shall have no
vote in matters being considered by the commission. (3-11-74, § 1.)

Sec. 2-226. Powers and duties.

In furtherance of the general purposes for which it is
established, the social development commission is hereby
authorized to:

(a) Promulgate regulations and procedures for the conduct of
its business, consistent with general law and with such directives
as city council may from time to time issue to the commission.

(b) Conduct public hearings on human service issues and
establish rules for the advertisement and conduct of such
hearings.

(c) With approval of city council, establish task forces to
examine and make recommendations upon specific matters
related to human resources and human services being delivered or
proposed to be delivered by the city and other public or private
agencies.

(d) Examine, discuss, amend or critique the reports of such
task forces, and reports or matters submitted to it by the
department of community development and other city
departments or agencies, and make recommendations of its own
on such matters, to city council; provided, that at such time as
such reports or recommendations are transmitted to city council,
the city manager may append to such reports or
recommendations such comments and recommendations as he
may deem necessary and proper. The city manager shall transmit
the report of the commission and any such comments and

recommendations to council within five business days of receipt
of such report.

(e) Publish and distribute any such reports if the commission
finds such preparation and publication to be advisable.

(f) Develop, review and recommend for adoption or amend
from time to time the human resource components of the city's
comprehensive plan.

(g) Meet jointly with the city planning commission, by
agreement therewith or at the direction of the city council, to
discuss issues which are of mutual concern to both commissions,
to coordinate activities and to exchange information.

(h) Consider and report upon any other matter which city
council may from time to time refer to the commission.

The commission shall have no authority to charge the city with
any liability or to incur any expenses except as may be expressly
authorized by the city council and after funds have been
appropriated by the city council for the purpose. (3-11-74, § 1.)