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 -
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<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."
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