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C. 2, § 69 ADMINISTRATION C. 2, § 69
<br />Article II. Mayor.
<br />Sec. 69. Powers and duties generally.
<br />The mayor shall be the chief executive officer of the city, and
<br />shall take care that the by-laws and ordinances of the city are fully
<br />executed. He shall see that the duties of the various city officers,
<br />members of the police force, and members of the fire department,
<br />whether elected or appointed, in and for the city, are faithfully
<br />performed.
<br />He shall have power to investigate their acts, have access to all
<br />books and documents in their offices, and may examine them and
<br />their subordinates on oath. Evidence given by persons so ex-
<br />amined shall not be used against them in any criminal proceedings.
<br />The mayor shall exercise a general supervision over all the city's
<br />rights, franchises, properties and affairs, departments and offices.
<br />The mayor shall have all other powers and duties which may
<br />be conferred upon him by ordinances or resolutions of the city
<br />and by the laws of the State of Virginia. (Code 1932, §§ 44, 46.)
<br />For charter provisions as to election of mayor by council, see char.,
<br />§ 8; for charter provisions entitling mayor to vote on all questions be-
<br />fore council, see char., § 10; for charter provisions relative to powers
<br />and duties of mayor, see char., § 29.
<br />As to signing and executing city deeds, bonds, etc., see ch. 1, § 9 of
<br />this volume; as to the election of .mayor, see § 6 of this chapter; as to
<br />appointment of committees by mayor, see § 15 of this chapter; as to
<br />duty of mayor as presiding officer in regard to order and procedure in
<br />council meetings, see §§ 20-51 of this chapter; as to countersigning war-
<br />rants for payment of money out of treasury, see § 98 of this chapter;
<br />as to countersigning warrants drawn by director of finance, see § 121
<br />of this chapter; as to duty of mayor to cause persons delinquent in pay-
<br />ment of license taxes to be summoned before court, see § 156 of this
<br />chapter; as to bond required of the mayor, see § 173 of this chapter; as
<br />to mayor's being member and president of the sinking fund commission,
<br />see §§ 157, 158 of this chapter; as to authority of mayor to require the
<br />confinement, etc., of cats and dogs, see ch. 3, §§ 10, 11; as to appoint-
<br />ment of members of the city planning commission, see ch. 8, § 2; as to
<br />supervision of traffic and regulatory power in respect thereto by the
<br />mayor, see ch. 18, in particular, § 7; as to issuing permits authorizing
<br />operation of vehicles of weight or size exceeding maximum specified,
<br />see ch. 18, § 59; as to decreasing weight limit of vehicles upon high-
<br />ways, see ch. 18, § 60; as to powers and duties in regard to parking me-
<br />ters and parking meter regulations generally, see ch. 18; §§ 72-87• as
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<br />C. 2, § 72 ADMINISTRATION C. 2, § 75
<br />Sec. 72. Removal from office.
<br />The corporation court of the city may remove the mayor from
<br />office for malfeasance, misfeasance or gross neglect of official duty
<br />and such removal shall be deemed a vacation of the office. All
<br />proceedings under this section shall be by order of or by motion
<br />before said court, upon reasonable notice to the party to be affected
<br />thereby, and with the right of said mayor of an appeal to the su-
<br />preme court of appeals. (Id., § 48.)
<br />For similar provisions of the city charter, see char., § 29.
<br />Sec. 73. Vacancies.
<br />In the event of the death, resignation or removal of the mayor,
<br />or his inability to discharge his duties from some other cause, his
<br />place shall be filled and his duties shall be discharged by the vice-
<br />president of the council until another mayor is elected and quali-
<br />fied, or until such inability shall cease. A vacancy in the office of
<br />the mayor shall be filled as provided for in section 7 of the charter.
<br />(Id., § 49.)
<br />For similar provisions of the city charter, see char., § 29; as to filling
<br />vacancy in office of mayor or councilman, see § 13 of this chapter.
<br />Article III. City Manager.
<br />Sec. 74. Election; term; compensation; removal.
<br />The council shall elect on September 1st, or as soon thereafter
<br />as is practicable, for a term of one year, a business manager, to be
<br />known as city manager, at a salary to be fixed by the council. Said
<br />city manager may be removed from office by said council at its
<br />discretion. (Code 1932, § 51.)
<br />Sec. 75. Powers and duties generally.
<br />Subject to the supervision, direction and control of the council
<br />and mayor, the city manager shall:
<br />(1) See that the laws, ordinances, resolutions and by-laws of
<br />the council are satisfactorily executed, except as hereinafter pro-
<br />vided.
<br />Ch -5 65
<br />C. 2, § 70 CHARLOTTESVILLE CITY C'oDI; C. 2, § 71
<br />to mayor's granting permit for airplanes, etc., to descend to low alti-
<br />tudes or drop advertising .materials over city, see ch. 19, §§ 3, 4; as to
<br />granting permission to conduct dance halls, etc., see ch. 19, § 14; as to
<br />appointing special police to preserve peace on premises where merry-
<br />go-rounds, etc., are operated, see ch. 19, § 38; as to designating and ap-
<br />proving location of circus exhibitions, etc., see ch. 19, § 12; as to grant-
<br />ing permission for distributing handbills, posters, etc., see ch. 19, § 30;
<br />as to mayor's powers and duties in regard to conveying space in city
<br />cemeteries, see ch. 20, § 5; as to mayor's being member of the perpetual
<br />care cemetery committee, see ch. 20, § 10; as to police force being un-
<br />der the control of the mayor, see ch. 22, § 2; as to appointment of spe-
<br />cial police and police to fill vacancies, see ch. 22, § 4; as to mayor's ap-
<br />pointing railway crossing flagmen as special police, see ch. 25, § 6;
<br />as to stopping travel upon streets for comfort of patient during serious
<br />illness, see ch. 29, § 38.
<br />Sec. 70. Suspension or removal of subordinate officers.
<br />The mayor shall also have power to suspend any officer of th-z
<br />city and members of the police and fire departments for proper
<br />cause and to remove such officers for misconduct, or malfeasance,
<br />misfeasance or non -feasance in office. No order of removal under
<br />this section shall be made until the officer affected shall have been
<br />given reasonable notice of the charge against him and an oppor-
<br />tunity to be heard in person or by counsel and to present testimony
<br />in his defence. Such order shall specify the cause of removal, and
<br />an appeal shall lie therefrom, of, right to the corporation court of
<br />the city. The mayor, when he has made such a suspension or re-
<br />moval, shall report the facts with the reasons for his action to the
<br />next regular meeting of the council. (Id., § 45.)
<br />For similar provisions of the city charter, see char., § 29; as to re-
<br />moval of officers by mayor and council, see § 169 of this chapter.
<br />Sec. 71. Prohibiting certain theatrical performances.
<br />The mayor or council may prohibit any theatrical or other per-
<br />formance, show or exhibition within the city or a mile of its cor-
<br />porate limits, which may be deemed injurious to morals or good
<br />order. (Id., § 47.)
<br />For similar provision of the city charter, see char., § 28.
<br />M
<br />C. 2, § 75 CHARLOTTESVILLE CITY CODE C. 2, § 75
<br />(2) Keep the council fully advised of the city's financial con-
<br />dition and of its future financial needs, and make such reports
<br />upon the affairs of the city as may be required of him by the
<br />council.
<br />(3) On or before the 31st day of March in each year the city
<br />manager shall prepare and submit to the council a tentative budget
<br />for the next fiscal year. Such budget shall contain a complete
<br />itemized and classified plan of all proposed expenditures and all
<br />estimated revenues and borrowings for the ensuing appropriation
<br />year, and shall indicate thereon which expense items are fixed ex-
<br />penditures. Opposite each item of the proposed expenditures, the
<br />budget shall show in separate parallel columns the amount appro-
<br />priated for the preceding appropriation year, the amount expended
<br />during that year, the amount appropriated for the current appro-
<br />priation year, and the increases and decreases in the proposed ex-
<br />penditures for the ensuing year as compared to the appropriation
<br />for the current year. This budget shall be accompanied by an
<br />itemized and complete financial balance sheet at the close of the
<br />last preceding appropriation year, and a copy of the last director
<br />of finance's monthly report as provided in section 118 of this chap-
<br />ter.
<br />(4) Have full power to employ and discharge city employees,
<br />but not officers or members of the police force, and except as may
<br />be otherwise provided for by the council. He shall fix the salaries
<br />of all persons employed by him whose yearly compensation is not
<br />more than $2,000.00. Where the compensation exceeds $2,000.00
<br />per year it shall be fixed by the council before such person is em-
<br />ployed.
<br />(5) The city manager, under the direction of the mayor and
<br />council shall be the executive officer for supervising all the busi-
<br />ness affairs of the city including the building, maintenance and
<br />operation of all public works; necessary purchases for the vari-
<br />ous departments; the work of the heads of the various depart-
<br />ments and city employees.
<br />He shall give general supervision to all streets, grounds, build-
<br />ings, water and gas work, sewers, and all other property belong-
<br />ing to the city and cause to be made such surveys and estimates
<br />as the council or mayor may direct. (Id., § 52.)
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