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<br />C. 2, § 9 ADMINISTRATION C. 2, § 11
<br />meeting of the council at any time upon at least five hours' written
<br />notice to each member, served personally or left at his usual place
<br />of business or residence. But special meetings may be held at any
<br />time without notice, provided all members of the council attend
<br />and unanimously consent to the transaction of all business trans-
<br />acted thereat.
<br />Every call for a special meeting shall specify the object thereof
<br />and no business shall be transacted at a special meeting except that
<br />for which it shall have been called, unless by a unanimous consent.
<br />(Id., §§ 6, 7.)
<br />Sec. 9. Same—To be open; exception.
<br />The council shall be open except when, by a recorded vote of
<br />two-thirds of those members present, it declares that the public
<br />welfare requires secrecy, in which case it shall go into executive
<br />session. (Id., § 7.)
<br />For charter provision, see char., § 11.
<br />e
<br />Sec. 10. Quorum.
<br />Three members of the council shall constitute a quorum for the
<br />transaction of ordinary business. (Id., § 8.)
<br />For similar provisions of the city charter, see char., § 9.
<br />Sec. 11. Same—Absence of quorum; compelling attend-
<br />ance of absent members.
<br />If a quorum fail to attend a meeting of the council within a half
<br />hour after the appointed time for such meeting, those present may
<br />adjourn to such time as they deem proper, after the names of those
<br />present shall have been entered on the journal.
<br />At such meeting, two or more members shall have authority to
<br />compel the attendance of absent members by a process in writing
<br />signed by them and addressed to any policeman, directing him to
<br />summons such absent members to such time and place to which
<br />the meeting shall have been adjourned. Any member refusing to
<br />obey such summons may be fined by a four-fifths vote of the
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<br />C. 2, § 16 ADMINISTRATION C. 2, § 17
<br />of three members to continue for a term of two years. The presi-
<br />dent of the council shall also appoint all special committees unless
<br />otherwise ordered by the council. Vacancies on committees shall
<br />be filled in like manner. (Id., § 13.)
<br />Sec. 16. Pinance committee; powers and duties.
<br />The finance committee shall investigate and report to the coun-
<br />cil as to all matters relating to the finances, debts, revenues and
<br />assets of the city. After approval by the council, said committee
<br />shall have power to borrow money in the name of "the finance
<br />committee of the City of Charlottesville," signed by all the mem-
<br />bers of said committee. The finance committee shall approve all
<br />surety bonds of city officials and employees as provided for by
<br />sections 173-177 of this chapter. (Id., § 14.)
<br />As to signing of notes and other evidence of indebtedness by the fi-
<br />nance committee, see ch. 1, § 9 of this volume; as to approval of amounts
<br />of insurance upon public buildings insured by city manager, see § 75
<br />of this chapter; as to finance committee's directing treasurer to place
<br />funds upon certificates of deposit, etc., see § 90 of this chapter; as to
<br />approval of securities deposited by city depositories, see § 91 of this
<br />chapter; as to duty of finance committee in regard to bonds of employ-
<br />ees, see §§ 173-177 of this chapter; as to chairman of finance commit-
<br />tee's being member of sinking fund commission, see § 157 of this chap-
<br />ter; as to chairman and superintendent of finance committee being
<br />member of perpetual care cemetery committee, see ch. 20, § 10.
<br />Sec. ,17. Witnesses before council, etc.; production of
<br />books and papers.
<br />The council, or any committee or officer of the city, when spe-
<br />cially authorized thereto by the council, shall have the power to
<br />require the attendance of any person as a witness and the produc-
<br />tion by any person of all proper books and papers, when, in any
<br />investigation by such body, such attendance and investigation is
<br />necessary and proper. Summons to attend as a witness or to pro-
<br />duce books and papers shall be in writing, signed by the presiding
<br />officer of the council, and shall be served by a member of the po-
<br />lice force in the same manner as a process to commence an action
<br />at law. Such witnesses shall be sworn by the officer presiding at
<br />the investigation, and shall be liable to the penalties for perjury
<br />Ch -4 49
<br />C. 2, § 12 CHARLOTTESVILLE CITY CODE C. 2, § 15
<br />council in a sum not less than five dollars nor more than twenty-
<br />five dollars. (Id., § 9.)
<br />For provisions of the city charter in regard to compelling attend-
<br />ance of absent members, see char., § Ii.
<br />Sec. 12. Punishing and expelling members.
<br />The council may, by a majority vote of its whole number, pun-
<br />ish one of its own members for disorderly behavior by a fine not
<br />exceeding three hundred dollars, and, by a two-thirds vote of its
<br />whole number, expel a member of its own body for malfeasance
<br />or misfeasance in office. Fines imposed under this section shall be
<br />collected in such manner as fines imposed by the civil and police
<br />justice. (Id., § 10.)
<br />For similar provisions of the city charter, see char.,
<br />Sec. 13. Vacancies in office of mayor or councilman.
<br />Whenever, from any cause, a vacancy shall occur in the office
<br />of mayor it shall be filled -by the council. A vacancy in the office
<br />of councilman shall be filled by the council at its next regular meet-
<br />ing from the qualified electors of the city. The officer thus elected
<br />shall hold office for the term for which his predecessor was elected,
<br />unless sooner vacated by death, resignation, removal or from other
<br />causes. An entry of said election shall be made in the journal. If
<br />the mayor or a councilman shall remove his residence from the
<br />city limits, such removal shall operate to vacate his office. (Id.,
<br />§ 11.)
<br />For similar provisions of the city charter, see char., § 7.
<br />Sec. 14. Disqualification of members for certain offices.
<br />No member of the council shall be eligible during his tenure of
<br />office, or for one year thereafter, to. any office to be filled by the
<br />council either by election or appointment. (Id., § 12.)
<br />See Constitution of Virginia, § 121.
<br />Sec. 15. Appointment of committees.
<br />The president of the council shall, within ten days after the or-
<br />ganization of the council, appoint the finance committee consisting
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<br />C. 2, § 18 CHARLOTTESVILLE CITY COM C. 2, § 20
<br />or false testimony at such investigation. Any person failing or
<br />refusing to obey such summons, and refusing to testify, or produce
<br />such books or papers, may be summoned before the civil and police
<br />justice and upon failure to give satisfactory excuse shall be fined
<br />in a sum of not less than ten dollars nor more than fifty dollars.
<br />A person found guilty under this section and fined shall have a
<br />right of appeal to the corporation court of the city. (Id., § 25.)
<br />For provision of state statute, see § 2985 of Michie's Virginia Code
<br />of 1942.
<br />Sec. 18. Annual and special appropriations.
<br />As soon as practical after the 1st day of July in each year, the
<br />council shall make an annual appropriation covering all fixed ex-
<br />penditures provided for in the annual budget, which are approved.
<br />All other appropriations shall be deemed special appropriations.
<br />(Id., § 20; Ord. Sept. 3, 1940.)
<br />Sec. 19. Annual budget and levy.
<br />The council shall cause to be prepared by the city manager an
<br />annual budget containing all proposed expenditures and estimated
<br />revenues and borrowing for the ensuing year, and at least thirty
<br />days thereafter shall order a city levy as provided for by state law
<br />and sections 13, 17 and 18 of the city charter and amendments
<br />thereto. The council shall adopt said annual budget and shall
<br />make said city levy prior to April 30th in each year. (Code 1932,
<br />§ 17.)
<br />For .provision of the city charter in regard to the annual budget and
<br />levy of taxes, see char., § 17; as to giving notice of hearings on budget
<br />and publishing synopsis thereof by clerk of council, see § 68 of this
<br />chapter; as to preparation of budget by city manager, see § 75 of this
<br />chapter.
<br />Part 2. Rules of Order and Procedure.
<br />Sec. 20. Adoption and suspension.
<br />The council shall determine the rules of its proceedings, except
<br />so far as the same are determined by the constitution and laws of
<br />the state and charter of the city.
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