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356 <br />§ 13 CHARTER OR CITY OF CHARLOTTESVILLE § 13 <br />compel such company, or owner, to take any such person back <br />to the city whence he was brought, and may compel any such <br />person to leave the city, if he has not been in the city more than <br />ninety days before the order is given. <br />Sixteenth. And the said council shall also have power to make <br />such other and additional ordinances as it may deem necessary <br />for the general welfare of said city; and nothing herein con- <br />tained shall be construed to deprive said city of any of the pow- <br />ers conferred upon it, either by general or special laws of the <br />State of Virginia, except insofar as the same may be incon- <br />sistent with the provisions of this charter. <br />Seventeenth. Said council shall have power to require and <br />take from the city's business manager,chief of police, treasurer, <br />auditor, commissioner of the revenue, and all other bonded of- <br />ficers, bonds with security and in such penalty as they may see <br />fit, which said bonds shall be made payable to the city by its cor- <br />porate name, and conditioned for the faithful discharge of their <br />duties; said bonds shall be entered on the record of the council <br />and shall be filed with the clerk of the corporation court of the <br />city. <br />Eighteenth. Said council shall have power to erect, or author- <br />ize or prohibit the erection of gas works, waterworks, or electric <br />light works in or near .the city, and to regulate the same. <br />Nineteenth. To prohibit the pollution of water which may be <br />provided for the use of the city. <br />Twentieth. To pass all by-laws, rules and ordinances, not <br />repugnant to the Constitution and laws of the State, which they <br />may deem necessary for the good order and government, of the <br />city, the management of its property, the conduct of its affairs, <br />the peace, comfort, convenience, order, morals, health, and pro- <br />tection of its citizens or their property, including authority to <br />keep a city police force; and to do such other things, and pass <br />such other laws as may be necessary or proper to carry into full <br />effect any power, authority, capacity, or jurisdiction, which is, <br />or shall be granted to, or vested in said city, or officers thereof, <br />or which may be necessarily incident to a municipal corporation; <br />and to enable the authorities of said city more effectually to en- <br />force the provisions of this section, and any other powers con - <br />15 <br />§ 14 CHARTER OF CITY OF CHARLOTTESVILLE § 15 <br />Sec. 14. Special assessments for local improvements. <br />Local assessments upon abutting landowners for snaking and <br />improving the sidewalks upon the streets and improving and <br />paving the alleys, and for either the construction or for the use <br />of sewers, may be imposed not in excess of the peculiar benefits <br />resulting therefrom to such abutting landowners. And the same <br />shall be regulated as prescribed by the general law. <br />Sec. .16. Enactment of ordinances, etc.; punishment for <br />violation; enjoining violation; use of county <br />jail; appeal to corporation court. <br />To carry into effect the powers herein enumerated, and all <br />other powers conferred upon said city and its council by the laws <br />of Virginia, said council shall have power to make and pass all <br />proper and needful orders, by-laws, and ordinances not con- <br />trary to the Constitution and laws of said State, and to prescribe <br />reasonable fines and penalties, including imprisonment in the city <br />jail, and for the enforcement of the collection of fines, to impose <br />imprisonment for a period not exceeding ninety days, which fines, <br />penalties or imprisonment shall be imposed, recovered and en- <br />forced by and under the civil and police justice. The city may <br />maintain a suit to restrain by injunction, the violation of any or- <br />dinance, notwithstanding such ordinance may provide punishment <br />for its violation. And the authorities of said city may, in accordance <br />with the contract between the council of said city and the county of <br />Albemarle, continue to use the jail of said county for any purpose <br />for which the use of a jail may be needed by them, under the acts <br />of the council or of the State of Virginia; provided, however, that <br />in all cases where a fine or imprisonment is imposed by the civil <br />and police justice, or by the council, the party or parties so fined or <br />imprisoned shall have the right of appeal to the corporation court <br />of said city. All fines imposed for the violation of the city char- <br />ter, by-laws, or ordinances, shall be paid into the city treasury. <br />(1936, c. 273, p. 462.) <br />The 1936 amendment to this section deleted a former provision lim- <br />iting the term of imprisonment to not exceeding six months and de- <br />leted provisions in regard to the imposition of fines, etc., by aldermen <br />and council. It also changed the references to "police justice" to "civil <br />and police justice." <br />Ch -2 17 <br />§ 13y, CHARLOTTESVILLE CITY CODE § 13% <br />ferred• upon them by this charter, their jurisdiction, civil and <br />criminal, is hereby declared to extend one mile beyond the cor- <br />porate limits of said city. <br />Twenty-first. To create a floating debt not exceeding one hun- <br />dred thousand dollars when, by a vote of the total membership <br />of the council, the council has passed a resolution declaring it ex- <br />pedient to do so, and when the creating of the floating debt there- <br />by provided for is for the purpose of installing, or extending, <br />one or more public utilities, which constitute an asset, or assets, <br />at least equal in value to the amount expended thereon, which <br />utility, or utilities, shall materially add to the service rendered by <br />the city to its taxpayers and other citizens; and it shall be the <br />duty of the council to provide in the next bond issue for the bond- <br />ing of the floating debt thus created, and failure to do this shall <br />suspend this clause. (1938, c. 201, p. 322.) <br />The 1928 amendment to this section made changes in the sixth and <br />twelfth subdivisions. The sixth subdivision was so changed that a <br />comparison here is not practical. The words "insofar as not prohib- <br />ited by general law" were added at the beginning of the twelfth sub- <br />division. <br />The powers granted in this section in regard to motor vehicles must <br />be read in the light of the provisions of the .State Motor Vehicle Code <br />which defines the powers of local authorities in respect to such sub- <br />ject.—Ed. note. <br />a <br />Sec. 131/2. Same—Borrowing in anticipation of taxes; <br />evidences of debt; interest. <br />The council may also borrow money in anticipation of the col- <br />lection of the taxes and revenues in the city, in any amount or <br />amounts not exceeding one hundred thousand dollars at any one <br />time. The council may issue negotiable notes or other evidences <br />of debt for all money borrowed under this section. Such notes <br />or other evidences of debt may be renewed from time to time, <br />but all such notes or other evidences of debt shall mature within <br />twelve months. No money shall be borrowed under this section <br />at a rate of interest exceeding six per cent per annum, and it <br />shall be the duty of the council to provide in the next bond issue <br />for the bonding of the floating debt thus created. (1928, c. 287, <br />p. 831.) <br />This section was added by the amendment of 1928. <br />16 <br />§ 16 CHARLOTTESVILLE CITY CODE § 17 <br />Sec. 16. Conservators of the peace. <br />Each councilman, and the police justice* of said city, for the <br />time being, are declared to be, and are hereby, constituted con- <br />servators of the peace within said city, and within one mile from <br />the corporate limits thereof, and shall have all the powers and <br />authority, in civil, as well as in criminal cases, as justices of the <br />peace. And the chief of police and the policemen of the city <br />shall also be conservators of the peace within the limits afore- <br />said, and all proper arrests may be made and warrants of arrest <br />executed by such chief of police and policemen. <br />Sec. 17. Budget; levy of taxes. <br />At least thirty days prior to the time when the annual tax levy <br />or any part thereof is made, the council shall cause to be pre- <br />pared a budget containing a complete itemized and classified <br />plan of all proposed expenditures and all estimated revenues <br />and borrowing for the ensuing appropriation year. Opposite <br />each item of the proposed expenditures the budget shall show in <br />separate parallel columns, the amount appropriated for the pre- <br />ceding appropriation year, the amount expended during that <br />year, the amount appropriated for the current appropriation year <br />and the increases and decreases in the proposed expenditures for <br />the ensuing year as compared to the appropriation for the cur- <br />rent year. This budget shall be accompanied by an itemized and <br />complete financial balance sheet at the close of the last preceding <br />appropriation year. <br />A brief synopsis of the budget shall be published in a news- <br />paper published in the City of Charlottesville and notice given of <br />at least one public hearing at least fifteen days prior to the date <br />set for the hearing, at which any citizen of the said City of Char- <br />lottesville shall have the right to attend and state his views <br />thereon. After such hearing is had, the council shall by appro- <br />priate order adopt and enter on the minutes thereof a synopsis of <br />a budget covering all expenditures for the next appropriation <br />year hereinbefore required. The said council shall order a city <br />*The office of "police justice" is now the office of "civil and police <br />justice." <br />18 <br />1 <br />1 <br />