CHAPTER I.
The Council—Its Powers, Duties and Procedure.
Sec. 1. The council—term and compensation.
(a) The Council of the City of Charlottesville shall be composed
of five members, to be elected at large from the qualified
voters of the City as provided by Section 4 of the charter. Their
term of office shall be four years, except that all elections to
fill vacancies shall be for the unexpired terms.
(b) Each member of the Council shall receive an annual salary
of three hundred dollars ($300.00), except the president
of said Council, who shall be Mayor and shall receive five hundred
dollars ($500.00) per annum. Said salary shall be paid
in equal monthly installments.
Sec. 2. Oath of office—when taken.
Each councilman shall, before entering upon the duties of his
office, take the oath prescribed for councilmen by the laws of
Virginia and qualify before the Corporation Court or the Judge
thereof in vacation, a certificate of which shall be filed with the
clerk of the Council who shall enter the same upon the journal
thereof; but if any councilman shall fail to qualify as aforesaid,
for ten days after the commencement of the term for which
he was elected, his office shall be deemed vacant.
Sec. 3. Time of meeting for organization.
The Council shall meet for organization on the first day of
September after their election (unless that day be Sunday or a
legal holiday, in which case they shall meet on the following
day), but in case of unavoidable absence from such meeting of
any member elect it shall be competent to adjourn said meeting
from time to time as they may deem proper.
Sec. 4. Elections by council.
At all elections by the Council the voting shall be viva voce,
and each member shall be entitled to one vote. Only one person
shall be elected at a time, except with the consent of all
members present. If, on any vote, no one receives a majority
of all the votes, the name of the person receiving the smallest
number of votes shall be dropped, and shall not again be put in
nomination until a vote intervenes.
At each election the roll shall be called by the clerk in alphabetical
order, and each member shall vote when his name is
called, unless excused or disqualified by section 24, post.
Sec. 5. Election of president—vice-president, duties of.
The Council shall, at its first meeting in September after the
regular biennial election of councilmen, or as soon thereafter
as practicable, elect one of its members president, who shall
continue in office two years. If a vacancy occur in the office
before the end of the term, such vacancy shall be filled as provided
by section 11. The president of the Council shall be the
Mayor of the City, without veto power.
At the same time the Council shall elect one of its members
to be vice-president, who shall continue in office two years. If
a vacancy occur in the office before the end of his term such
vacancy shall be filled as provided by section 11.
The president shall preside at the meetings of the Council,
and when from any cause, he shall be absent the vice-president
shall preside and in the absence of both a president pro tempore
may be elected.
The president, vice-president, or president pro tempore, who
shall preside when the proceedings of the previous meeting are
read shall sign the same.
He may call any member to the chair, who shall exercise its
functions for the time; and during such substitution he may
participate in the debates.
The vice-president in the absence of the president and while
acting as president shall be vested with all the rights and duties
of the president.
The president or vice-president, as the case may be, shall be
entitled to vote on all questions as any other member, but in no
case shall he be entitled to a second vote on any question, though
it be necessary to break a tie—that is to say, his office shall not
entitle him to a vote.
Sec. 6. Regular meetings—how special meetings may be
called.
The Council shall hold its regular meetings at the customary
place for such meetings, or at such other place in the City as
may be designated by the president of the Council, on the first
and third Mondays of each month at such hour as may be agreed
upon (unless such day be a legal holiday, in which event such
meeting shall be held on the day following).
The president of the Council or the vice-president, if acting
in his stead, or any three members of the Council may call a
special meeting of the Council at any time upon at least five
hours written notice to each member, served personally or left
at his usual place of business or residence. But special meetings
may be held at any time without notice provided all members
of the Council attend and unanimously consent to the transaction
of all business transacted thereat.
Sec. 7. Meetings—special—executive session.
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.
The Council shall be open except when, by a recorded vote
of two-thirds of those members present, it declares that the
public welfare requires secrecy, in which case it shall go into
executive session.
Sec. 8. Quorum—reconsideration of votes.
Three members of the Council shall constitute a quorum for
the transaction of ordinary business, but no vote of a former
meeting 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.
Sec. 9. Absence of quorum—how quorum secured.
If a quorum fail to attend a meeting of the Council within
a half hour after the appointed time for such meeting, those
present may adjourn to such time as they deem proper, after
the names of those present shall have been entered on the journal.
At such meeting, two or more members shall have authority to
compel the attendance of absent members by a process in writing
signed by them and addressed to any policeman, directing him to
summons such absent members to such time and place to which
the meeting shall have been adjourned. Any member refusing
to obey such summons may be fined by a four-fifths vote of the
Council in a sum not less than five dollars nor more than twenty-five
dollars.
Sec. 10. Punishment of members.
The Council may, by a majority vote of its whole number, punish
one of its own members for disorderly behavior by a fine not
exceeding $300; and, by a two-thirds vote of its whole number, expel
a member of its own body for malfeasance or misfeasance in
office. Fines imposed under this section shall be collected in such
manner as fines imposed by the Civil and Police Justice.
Sec. 11. Vacancies—office of mayor or councilmen,
how filled.
Whenever, from any cause, a vacancy shall occur in the office
of mayor it shall be filled by the Council. A vacancy in the office
of councilman shall be filled by the Council at its next regular
meeting from the qualified electors of the City. The officer
thus elected shall hold office for the term for which his predecessor
was elected, unless sooner vacated by death, resignation, removal,
or from other causes. An entry of said election shall be
made in the journal. If the mayor or a councilman shall remove
his residence from the City limits such removal shall operate to
vacate his office.
Sec. 12. Disqualification of members for certain offices.
No member of the Council shall be eligible during his tenure
of office, or for one year thereafter, to any office to be filled by
the Council either by election or appointment.
Sec. 13. Committees.
The president of the Council shall, within ten days after the
organization of the Council, appoint the finance committee consisting
of three members to continue for a term of two years.
The president of the Council shall also appoint all special committees
unless otherwise ordered by the Council. Vacancies on
committees shall be filled in like manner.
Sec. 14. Finance committee—duties and powers.
The finance committee shall investigate and report to the Council
as to all matters relating to the finances, debts, revenues and
assets of the City. After approval by the Council said committee
shall have power to borrow money in the name of "the finance
committee of the City of Charlottesville," signed by all the members
of said committee. The finance committee shall approve all
surety bonds of City officials and employees as provided for by
sec. 41, post.
Sec. 15. Rules and procedure.
The Council shall determine the rules of its proceedings, except
so far as the same are determined by the constitution and
laws of the State and charter of the City.
Sec. 16. Ordinances and resolutions.
Every proposed ordinance and resolution having the effect of
an ordinance shall be in writing. It may have immediate consideration,
but objection by one member shall carry it over to the
next meeting.
Sec. 17. Annual budget and levy.
The Council shall cause to be prepared by the City Manager
an Annual Budget containing all proposed expenditures and
estimated revenues and borrowing for the ensuing year, and at
least 30 days thereafter shall order a City levy as provided for
by State law and sections 13-17 and 18 of the City Charter and
amendments thereto. The Council shall adopt said annual budget
and shall make said City levy prior to June 30th in each year.
Sec. 18. Ordinances appropriating money, imposing
taxes, etc., vote necessary—when carried over.
(a) Every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, or
authorizing the borrowing of money, or creating a debt, or
donating any property of the City, where the value of such property
is one hundred dollars or more, a vote of a majority of all
members elected to the Council shall be necessary, and the
"Ayes" and "Noes" shall be entered on the journal of the
Council.
(b) No ordinance or resolution appropriating money exceeding
the sum of one thousand dollars, imposing taxes, or authorizing
the borrowing of money, shall be passed by the Council on
the same day of its introduction; nor shall any such ordinance
or resolution be valid unless at least three days intervene between
its introduction and passage, but this paragraph shall not apply
to the annual appropriations as provided in section 20, post.
Sec. 19. Additional expenditures beyond annual budget.
No money shall be expended on any department of the City
government beyond the amount estimated in the budget for such
department in the general appropriation ordinance for the fiscal
year unless such expenditure be authorized by the recorded vote
of three-fifths of all the members elected to the Council.
Sec. 20. Annual, quarterly and special appropriations.
(a) As soon as practical after the 1st day of September in
each year, the Council shall make an annual appropriation covering
all fixed expenditures provided for in the Annual Budget,
which are approved.
(b) At the last meeting of the Council in each quarter, said
Council shall make quarterly appropriation covering all approved
expenditures in the Quarterly Estimate of the City Manager as
provided for in section 53, post. Said estimate together with the
auditor's quarterly report shall be spread in the Journal immediately
preceding the resolution making the quarterly appropriation,
which shall be finally passed at the next succeeding regular
meeting of the Council.
(c) All other appropriations shall be deemed Special appropriations.
Sec. 21. Ordinances appropriating money for outside
highways.
No ordinance or resolution appropriating money for the purpose
of improving highways, airports and bridges located outside
of the City, shall be passed by the Council except by a recorded
affirmative vote of four-fifths of all members elected to
the Council.
Sec. 22. Granting aid to various associations.
No ordinance or resolution granting aid to military, agricultural,
literary, or benevolent associations, or to public charity
shall be passed except by the vote of three-fifths of the members
elected to the Council.
Sec. 23. Disposition of public property and franchises.
(1) No ordinance or resolution granting, leasing, selling or
otherwise disposing of any public property or franchise, shall
be valid unless the same be passed by the Council by a recorded
affirmative vote of three-fourths of all members elected to the
Council.
No franchise, lease, or right of any kind to the use of any
such public property in a manner not permitted to the general
public shall be granted for a period of over thirty years. Before
granting such franchise or privilege for a term of thirty years,
except for a trunk railway, bids therefor shall be advertised once
a week for four successive weeks in a newspaper published in
this 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, firms or corporations to whom privileges or franchises
have been or may be granted by the Council, shall pay in
advance for the printing and advertising of all ordinances granting
said privileges or franchises after the approval thereof and
all of said printing shall be done under the supervision and direction
of the Clerk of the Council.
(2) 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
clause (1) of this section, until and except such sale shall have
been approved by a majority of the qualified voters of the City,
voting on the question at a special election ordered by the Council,
and subject in other respects to the provisions of section 24
of the Charter applicable to a special election.
Sec. 24. Members failing to vote—disqualifications for
voting.
A member who is present and fails to vote when the "Ayes"
and "Noes" are taken, shall be entered on the journal as present
and not announcing his vote; but no member who has an
immediate, personal or pecuniary interest in the result of the
question shall either vote or be counted upon it.
Sec. 25. Witnesses before council and committees—
how attendance secured.
The Council, or any committee or officer of the City, when
specially authorized thereto by the Council, shall have the power
to require the attendance of any person as a witness and the
production by any person of all proper books and papers, when,
in any investigation by such body, such attendance and investigation
is necessary and proper. Summons to attend as a witness
or to produce books and papers shall be in writing, signed
by the presiding officer of the Council, and shall be served by a
member of the police force in the same manner as a process to
commence an action at law. Such witnesses shall be sworn by
the officer presiding at the investigation, and shall be liable to
the penalties for perjury or false testimony at such investigation.
Any person failing or refusing to obey such summons, and refusing
to testify, or produce such books or papers, may be summoned
before the Civil and Police Justice and upon failure to
give satisfactory excuse shall be fined in a sum of not less than
ten dollars nor more than fifty dollars. A person found guilty
under this section, and fined shall have a right of appeal to the
Corporation Court of the City.
Sec. 26. Council—additional powers, duties and responsibilities.
In addition to the foregoing the Council shall exercise such
powers, perform such duties, and assume such responsibilities
as are provided by the charter and the constitution and laws of
Virginia.
Sec. 27. Rules of order of the council.
The rules of order and procedure of the Council with the
right of the body to suspend the same by a four-fifths vote, shall
be as follows:
(1) Parliamentary Rules.—The proceedings of the Council
except as its own rules may otherwise provide, shall be governed
by Roberts Manual of Parliamentary Rules; and no rule adopted
by the Council shall be suspended except by consent of four
members. Objection shall operate to postpone to the next meeting,
when this rule may be suspended by the vote of three members.
(2) The President or Presiding Officer to Enforce Rules;
etc.—The presiding officer shall enforce the rules of the Council,
preserve order and decorum, appoint all committees, not
otherwise provided for, and discharge such other duties as appertain
to his office.
(3) President to Decide Questions of Order.—The president
shall decide questions of order and may, without vacating his
chair, give his reasons for his decisions.
From any decision of the Chair, an appeal may be made to
the Council, the question being, "Shall the decision of the Chair
be sustained as the decision of the Council?".
Upon such appeal, no debate shall be allowed, if it refers to
a question of decorum, but, if it relates to the priority of business,
or to the relevancy, or applicability of propositions, the
appeal may be debated.
(4) President to State Questions of Order and Declare Result
of Votes.—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.
(5) Members Not to Withdraw Without Leave.—After a
member, at any meeting, has been recorded as present, he shall
not without permission of the Council, absent himself from such
meeting until its adjournment.
(6) Members—Conduct in Addressing the Body. — Every
member shall confine himself to the question before the Council
and avoid all personal, or indecorous language. No discussion
of a sectarian, or political nature shall be allowed. No member
shall interrupt another while speaking, except to make a point
of order, the point to be briefly stated to the presiding officer.
(7) Members—Orders 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 rising
and addressing the chair shall speak first.
(8) Members—Number and Length of Speeches.—No member
shall speak more than once on the same question until every
member choosing to speak shall have done so, nor more than
twice, nor for a longer time than fifteen minutes on any question
without the permission of the Council.
(9) Members—How Called to Order.—If in speaking any
member transgress the rules of the Council, the president shall
call him to order. If there be no appeal, the decision of the
Chair shall be submitted to. If the decision be in favor of the
member called to order he may proceed; if otherwise, he shall
not proceed except by leave of the Council.
(10) Members—Conduct While Sitting.—No member shall
while the Council is sitting, interrupt or hinder its business by
standing up, moving about, talking, expressing approval or disapproval
of any of the proceedings, or by any other conduct
tending to disorder or confusion.
(11) Non-Members to Address Council Only by Permission.
—No person who is not a member of the Council shall orally
address it, until leave to do so has been applied for through a
member of the Council and granted by it, or until invited so to
do by the presiding officer.
(12) Communications to Be in Writing.—No communication,
petition or request to the Council shall be entertained unless the
same be in writing, which must be filed with the clerk.
(13) Motions or Propositions to Be in Writing—To Be Stated
before Discussing—When They May Be Withdrawn.—Every motion
or proposition, except as are subsidiary or incidental, shall
be in writing, and shall be filed with the clerk. When a motion
is made and seconded, it shall be stated by the president before it
is debated. A motion or proposition may be withdrawn by the
mover, with consent of the second, at any time before it is decided,
amended or otherwise acted upon by the Council.
(14) Motions—Amendments Must Be Relevant.—No motion,
proposition, or subject different from that under consideration,
shall be admitted under color of amendment.
(15) General Ordinances to Be Read Twice before Passage—
Reading May Be Dispensed with by Majority Vote.—Every general
ordinance shall be read twice before its final passage. The
first reading shall be for information. If there is no objection
the ordinance shall be considered and voted upon. If there be objection
it shall be laid over to the next regular meeting when action
on same shall be taken. Any reading may be dispensed with
by unanimous consent.
(16) Ordinances to Be Repealed or Amended Only by Ordinance—Ordinance
to Take Effect from Date, Unless Otherwise
Provided.—No ordinance shall be amended or repealed except by
an ordinance regularly introduced and adopted, provided that suspension
of rules may be made by a motion.
Every ordinance shall take effect from the date of its passage
unless otherwise provided.
(17) 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."
(18) Motions—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 a day or hour, certain.
5. To refer, or recommit.
6. To substitute, or amend.
7. To adopt or approve.
(19) Motion to Adjourn—When in Order.—A motion to adjourn
shall always be in order except when a member has the
floor, when the Council is engaged in voting, when the previous
question has been ordered, or when the motion to adjourn has
been put and lost and no other business has intervened.
Any member who obtains the floor during the debate and submits
no other motion or remark, may move for the previous question,
which motion, if seconded, shall forthwith be put to the
Council.
(20) Previous Question—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.
If the motion for the previous question be not carried, debate
may continue as if the motion had not been made.
(21) Filling Blanks in Certain Ordinances.—In filling blanks
in ordinances or resolutions involving money or time, the question
shall be put first upon the largest sum or longest time.
(22) Majority Vote to Govern unless Otherwise Provided.—
In all matters pending before the Council, a majority shall govern
except in cases where it is otherwise specially provided.
(23) Aye and No Vote.—On the call of any member of the
Council, the vote on any question may be taken by ayes and noes,
and recorded, provided the demand be made before other business
has been taken up.
(24) Dissent May Be Recorded.—Any member shall have the
liberty to dissent from or protest against any ordinance, resolution
or order of the Council and have the reason of his dissent
entered upon the record.
(25) Motion 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 8, ante.
(26) When Committees Shall Report, and on What Matter.—
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.
(27) Meetings of Committees — How Called — 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.
(28) Reports of Committees to Be in Writing.—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.
(29) Rules for the Construction of Statutes.—The rules for
the "Construction of Statutes" as given in the Code of Virginia
shall, so far as applicable, govern the construction of these ordinances
and of all other ordinances and resolutions of the Council.
(30) Calendar of Unfinished Business.—A calendar of all
new, referred and deferred petitions and communications to the
City Council, shall be kept by the Clerk of the Council and copies
shall be furnished by him to the members of the Council, City
Attorney and City Manager at least six hours prior to each meeting
of the Council at such time as notice is given.
(31) Order of Business.—At every regular meeting of the
Council the order of business shall be as follows:
1. Roll call.
2. Reading of minutes. The journal of the preceding meeting
shall be read, and no objection being made, shall be approved and
signed by the person presiding. Such ordinances as may have
been adopted at the preceding meeting and copied in the ordinance
book shall also be read, unless reading is dispensed with, and no
objection being made, shall be approved and signed by the person
presiding.
3. Petitions and communications. After their purport has been
briefly stated by the member offering same the Council may consider
the same, or otherwise dispose of them.
4. Reports and communications from City officers, including
financial statements.
5. Reports of committees.
6. Ordinances for second reading.
7. Offering of original resolutions, orders and ordinances.
8. Miscellaneous and unfinished business.
The order of business shall not be departed from except by
unanimous consent.
(32) 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.
