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<br />§ Jr CHARTER OF CITY OF CHARLOTTESVILLE § 5
<br />ber of votes shall hold office for two years. Thereafter the term
<br />of office of the councilmen shall be four years. As soon as the
<br />said councilmen shall qualify, tfiey shall meet and elect from their
<br />number a president, who shall be mayor without veto power, and
<br />who shall preside and also have vote on all questions.
<br />Said council shall also elect a vice-president. Said council so
<br />composed shall take office on September first, nineteen hundred
<br />and twenty-eight.
<br />(e) It shall be the duty of the said council of five members to
<br />immediately elect for a period of one year a business manager,
<br />whose title shall be city manager, at the salary to be fixed by
<br />them, who may be removed from office by said council at their
<br />discretion.
<br />(f) Said city manager shall have full executive authority in
<br />the management of all ministerial affairs, and shall have the right
<br />to employ and discharge all employees under his control. Said
<br />city manager shall give a bond for the faithful performance of
<br />his duties for such sum as said council may require. The duties
<br />and responsibilities of said city manager are to be fixed by ordi-
<br />nance of the city council. Except as said council so fixes his du-
<br />ties and responsibilities, the said city manager shall have the
<br />powers vested in city managers by sections two thousand nine hun-
<br />dred and forty-four and two thousand nine hundred and forty-
<br />five of the Code of Virginia, nineteen hundred and nineteen,* and
<br />general laws amendatory thereof.
<br />In all other respects the said council shall have and be vested
<br />with the same authority heretofore exercised by the council, and
<br />in all other respects their duties and liabilities shall be regulated
<br />by the existing laws, not in conflict herewith. (1928, c. 287, p.
<br />830; 1940, c. 201, p. 302.)
<br />The 1928 amendment so changed this section that a comparison here
<br />is not practical. The 1940 amendment deleted the words "a constable"
<br />from the first sentence of subdivision (a) and divided subdivision (d)
<br />into two paragraphs.
<br />Sec. 5. Officers and clerks elected by council.
<br />There may be elected by the council such officers and clerks as
<br />*Sections 2944 and 2945 of Michie's Virginia Code of 1942.
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<br />§ 8 CHARTER OF CITY 01: CHARLOTTtSVILLt § 11
<br />councilman shall remove from the city limits, such removal shall
<br />operate to vacate his office.
<br />Sec. 8. Council—President and vice-president.
<br />At its first meeting in September, nineteen hundred and twenty-
<br />two, and biennially thereafter, the council shall elect one of its
<br />members to act as president, who shall preside at its meetings
<br />and continue in office two years. Or if a vacancy occur in the
<br />office before the end of his term, such vacancy shall be filled as
<br />provided in section seven.
<br />At the same time the council shall elect one of its members to
<br />be a vice-president, who shall preside at such meetings in the ab-
<br />sence of the president, and who, when the president shall be ab-
<br />sent or unable to perform the duties of his office, by reason of
<br />sickness, or other cause, shall perform any and all duties re-
<br />quired of, or entrusted to, the president. The president, or the
<br />vice-president, when authorized, as above stated, to act, shall have
<br />power at any time to call a meeting.
<br />Sec. 9. Same—Quorum.
<br />Three councilmen shall constitute a quorum for the transac-
<br />tion of business at any meeting of that body. (1928, c. 287, p. 831. )
<br />The amendment of 1928 substituted the word "three" for the word
<br />"two" in the first line of this section.
<br />Sec. 10. Same—President and vice-president entitled to
<br />vote.
<br />The president, or vice-president, as the case may be, shall be
<br />entitled to a vote on all questions as any other member, but in no
<br />case shall he be entitled to a second vote on any question, though
<br />it be necessary to break a tie—that is to say, his office shall not
<br />entitle him to a vote.
<br />Sec. 11. Same—Authority generally; meetings; journal
<br />of proceedings; general ordinance book; in-
<br />spection of documents and papers.
<br />The council shall have authority to adopt such rules and to
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<br />§ 6 CHARLOTTESVILLE CITY CODE § 7
<br />said council deems proper and necessary, and any one or more of
<br />said offices may be held and exercised by the same person. The
<br />officers herein mentioned shall be elected or appointed by the
<br />council on the first day of September, nineteen hundred and
<br />twenty-two, or as soon thereafter as practicable, and biennially
<br />thereafter, except when elected to fill a vacancy (which may be
<br />done by the council), in which case the election shall be for the
<br />unexpired tern. It may be competent for the council, in order
<br />to secure the services of a suitable person, to elect non-residents,
<br />but such officer shall reside in the city during his tenure of office.
<br />Sec. 6. Oaths of office and qualification of officers;
<br />failure to qualify.
<br />The councilmen, and other officers elected by the people shall
<br />each, before entering upon the duties of their offices, take the
<br />oaths prescribed for all other officers by laws of Virginia, and
<br />qualify before the corporation court of said city, or the judge
<br />thereof in vacation, and in the cases of the mayor and council-
<br />men a certificate of such oaths having been taken, shall be filed
<br />by them, respectively, with the clerk of the council, who shall
<br />enter the same upon the journal thereof ; but if any or either of
<br />said officers shall fail to qualify, as aforesaid, for ten days after
<br />the commencement of the term for which he, or they, were elected,
<br />or shall neglect for a like space of time to give such bond as may
<br />be required of him, his office or their offices shall be deemed vacant.
<br />Sec. 7. Vacancy in office of mayor or councilmen.
<br />Whenever, from any cause, a vacancy shall occur in the office
<br />of mayor, it shall be filled by the council and a vacancy in the
<br />office of councilmen shall be filled by that body at its next regu-
<br />lar meeting from the qualified electors of said city, and the office
<br />[officer] * thus elected shall hold his office for the term for which
<br />his predecessor was elected, unless sooner vacated by death, resig-
<br />nation, removal, or from other causes. An entry of said election
<br />shall be made in the record book. If the mayor of said city or a
<br />*In the original act the word `office" appears but it is obvious that
<br />the word "officer" was intended.
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<br />§ 12 CHARLOTTESVILLE CITY CODE, § 13
<br />appoint such officers and clerks as it may deem proper for the
<br />regulation of its proceedings, and for the convenient transaction
<br />of business, to compel the attendance of absent members, to pun-
<br />ish its members for disorderly behavior, and by vote of two-
<br />thirds of all the members elected to it, expel a member for mal-
<br />feasance or misfeasance in office. The council shall keep a jour-
<br />nal of its proceedings, and its meetings shall be open, except
<br />when, by a recorded vote of two-thirds of those members pres-
<br />ent, it shall declare that the public welfare requires secrecy. The
<br />council shall also require to be kept by its clerk a separate book,
<br />termed "the general ordinance book," in which shall be recorded
<br />all ordinances and resolutions of a general and permanent char-
<br />acter, properly indexed and opened to the public inspection.
<br />Other documents or papers in the possession of the clerk of the
<br />council which may affect the interest of the city shall not, with-
<br />out special order of the body, its president or vice-president, be
<br />exhibited, nor copies thereof furnished to other persons than the
<br />committees or city officials entitled thereto.
<br />Sec. 12. Same—Minutes.
<br />At each regular meeting of the council the proceedings of the
<br />last regular meeting and all intervening called meetings, shall be
<br />read, and thereupon be corrected, if erroneous, and signed by the
<br />person presiding for the time being.
<br />Upon the call of any member the ayes and noes shall be re-
<br />corded in the journal.
<br />Sec. 13. Same—Powers enumerated.
<br />The council of the city, except as hereinbefore provided, shall
<br />have power within said city to control and manage the fiscal and
<br />municipal affairs of the city and all property, real and personal,
<br />belonging to said city; they shall have power to provide a reve-
<br />nue for the city, and appropriate the same to its expenses, also
<br />to provide the annual assessments of taxable persons and prop-
<br />erty in the city, and it may make such ordinances, orders, and by-
<br />laws relating to the foregoing powers of this section as it shall
<br />deem proper and necessary. They shall likewise have power to
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