The 1946 charter was granted to the City of Charlottesville by the 124th Virginia General Assembly which commenced at the State Capital, Richmond, on Wednesday, January 9, 1946 and ended March 20, 1946. This charter went into effective on July 1, 1946. The [current charter], including the numerous amendments, can be found online.
The 1946 charter was granted by an act of the Virginia General Assembly entitled:
ACTS OF ASSEMBLY 729 CHAP. 384.
An ACT to provide a new charter and special form of government for the City of Charlottesville; to provide for continuation of certain ordinances; to repeal Chapters 109 and 411 of the Acts of Assembly of nineteen hundred twenty-two, approved, respectively, February 28 and March 24, 1922, and all acts amendatory thereof, to repeal Chapter 1012 of the Acts of Assembly of 1899-1900, approved March 3, 1900, and all acts amendatory thereof, all relating to the same matters; and to repeal certain other acts and parts of acts. [H B 430]
- Approved March 28, 1946
- Be it enacted by the General Assembly of Virginia:
1. Section 1.
A new charter is hereby provided for the City of Charlottesville in the form and manner following:
Section 2.Boundaries—corporate status.
|That so much of the land that lies and is contained in the following boundaries:|
|That so much of the land that lies and is contained in the following boundaries: Beginning at a cross on rock on hill 92 feet southeast of center line of traveled way Ridge Street a corner to the present corporation line, thence with it N 32 degrees 30 minutes W at 521 feet old Lynchburg road at 1306 feet 7-1/2 St. S. W. extended in all 3152-4/10 feet to a stake east bank of a small branch and N 40 degrees E 76 feet from center of top of manhole, thence new lines S 35 degrees 38 minutes W 213-7/10 feet to a stake, S 38 degrees 08 minutes W 1119-2/10 feet to a stake, S 73 degrees 55 minutes W 213-7/10 feet to a stake 16 feet N. E. of branch, thence crossing branch S 82 degrees 39 minutes W 185-6/10 feet to a stake N 87 degrees 44 minutes W 334 feet to a stake, S 89 degrees 47 minutes W 200-5/10 feet to a stake S 65 degrees 39 minutes W 162-3/10 feet, S 56 degrees 47 minutes W 1972 feet S 54 degrees 23 minutes W 343-2/10 feet to a stake, S 44 degrees 58 minutes W 837 feet to a stake 14 feet beyond a branch and 25 feet beyond a large poplar side line, thence S 20 degrees 22 minutes W at 496 feet a small fore and aft pine in all 1009-5/10 feet to a stake, S 17 degrees 38 minutes E 1304 feet to a stake in Martin's lot 1804 feet beyond an iron in Harris road, thence through Martin's, Misses Harris and Monte Vista S 61 degrees 52 minutes W 1681-2/10 feet to a stake, thence through Monte Vista and Jefferson Park N 43 degrees 08 minutes W at 132-1/10 feet a point which is S 12 W 17-6/10 feet from iron at S.W. corner Harry Gay lot at end of Monte Vista Avenue at 682-2/10 feet old Lynchburg road in all 1559 feet to a stake back of Eton Circle, thence N. 23 degrees 19 minutes W 412-7/10 feet to a stake in lot No. 39 (J. M. Clark & Sons) 6-4/10 feet beyond line of lot No. 40 (Johnson), thence N2 degrees 40 minutes W at 144 feet a stake in line of lot No. 38 (Blume) and 227-8/10 feet from iron on Hill Top road a corner of Clark, and Blume, at 2097 feet a stake in north edge Stribling Avenue 51-7/10 feet West of iron corner to Lovell, at 2507- 6/10 feet center Southern R. R. 1097 feet N. E. from mile post 114, at 3311-5/10 feet stake north margin State road No. 29, 128-9/10 feet West of iron at corner Piedmont Street, at 4178 feet old Lynchburg road 126 feet West of iron, thence crossing said road to its northern margin in the same line to a point, thence in an easterly direction along the northern margin of said road to the western boundary of the University of Virginia lands; thence with the dividing line between the lands of the University of Virginia and Homer Richey in a northerly and westerly direction to a point on the line which crosses U. S. 29 and previously described as having a course of N 2 degrees 40 minutes W.; thence with said line N 2 degrees 40 minutes W to an iron 51-8/10 feet beyond center of Observatory Road, thence a line N 37 degrees 58 minutes E. to the line of the property of W. C. Chamberlain, thence in an easterly direction with said Chamberlain line to the eastern margin of the Cemetery road, thence with the eastern margin of said Cemetery road in a northwesterly and northeasterly direction to the southern margin of State Road No. 250: thence crossing said road to an iron 30 feet from the center of same, said crossing of the center line of Ivy Road being approximately 772 feet East of the center of the underpass on the Owensville road; thence through Massie and Duke N 60 degrees 34 minutes E 377-6/10 feet to an iron in the center C. & O. R. R. 945 feet east of center bridge over Owensville road and 1801 feet west of center bridge over State Road No. 29; thence N 74 degrees 45 minutes E 1507-4/10 feet to stake N 39 degrees 49 minutes E 255-8/10 feet to a stake, N 1 degree 50 minutes E 241-6/10 feet to a stake, N 24 degrees 51 minutes E 1284 feet to a stake and small sassafras pt. on hill, N 41 degrees 06 minutes E 474-3/10 feet to a stake and small sassafras pt. on hill N 41 degrees 51 minutes E 501-6/10 feet to a stake 26 feet left of Meadow Creek, N 20 degrees 53 minutes E 332 feet to a stake, thence crossing Meadow Creek N 57 degrees 16 minutes E 108-9/10 feet to a stake, N 47 degrees 54 minutes E. 205 feet to stake, thence recrossing Meadow Creek N 53 degrees 14 minutes E 350- 5/10 feet to nail in center Barracks road 292 feet N & W from center State road No. 29, thence through Siegfried N 31 degrees 54 minutes E 921-5/10 feet to stake, thence S 80 degrees 40 minutes E at 302-4/10 feet center State road No. 29, thence through Virginia Earhart, City of Charlottesville and Meadow Brook Hills, in all 2136 feet to a stake in Meadow Brook Hills, thence N 72 degrees 20 minutes E 499-1/10 feet to an iron in South edge Macadam Hydraulic road (Rugby Road extended),thence with the southern margin of Hydraulic road in an easterly direction to its intersection with the northern margin of Dairy Road projected, thence in an easterly direction with the northern margin of Dairy Road to its intersection with the eastern margin of Hill Top road, thence in a southerly direction with the eastern margin of Hill Top Road, to a concrete monument on said road at a point which is S 15 degrees 33 minutes from a stake located 10 feet southeast of a large poplar south of Dairy Road to its intersection with the eastern margin of Hill Top road, of Gentry Woods, thence through Rugby Hills and E. K. O'Brien tracts S 35 degrees 28 minutes East to the western line of the McIntire Municipal Park, thence in a northeasterly, southeasterly and southerly direction with the northwesterly, northerly and easterly lines of the McIntire Municipal Park to a concrete monument of Schenk's Branch, thence S 81 degrees 31 minutes E crossing an iron in Park Street, Extended, 67-8/10 feet southwest from the southwest corner of a capstone on the north rock column of the Wilder most northerly entrance, and continuing thence by the same course through the lands of Wilder to a stake in Smith's land 230-6/10 feet northwest of the iron corner at the present corporation line at the end of Locust Avenue, thence S 8 degrees 20 minutes S 230-6/10 731 feet to iron at end of Locust Avenue corner present corporation line in all 3126-5/10 feet to point on outside edge of 5-foot cement walk and 1-6/10 feet from its N. W. corner at S. W. corner bridge over the Rivanna River, thence through Albemarle Golf Course S 13 degrees 01 minute W 310-8/10 feet to stake near west bank Rivanna River, thence S 38 degrees 24 minutes W 289-3/10 feet to stake, S 21 degrees 29 minutes W 386-1/10 feet to a stake, S 1 degree 34 minutes W 314 feet to stake, S 4 degrees 36 minutes W 394-7/10 feet to stake, S 19 degrees 39 minutes W 355-4/10 feet to stake, S 22 degrees 02 minutes W 257-4/10 feet to a stake, and S 7 degrees 30 minutes E 136-5/10 feet to a stake, thence leaving river S 25 degrees 41 minutes W at 1496 feet center concrete Woolen Mills Road, thence through N. F. Leake & c. at 2587-6/10 feet iron center C. & O. R. R. 1119-5/10 feet east of Richmond and Clifton Forge Di- vision sign, thence through Horace Ferron, & c. at 2758-7/10 feet an iron in all 3059-3/10 feet to iron in north bank Carlton Road, thence in a southeasterly direction to a point on Franklin Street, which point is 150 feet E. of the eastern margin of Nassau Street, thence a line in a south- westerly direction 150 feet east of and parallel to the eastern margin of Nassau Street, thence continuing said line in a westerly direction 150 feet south of and parallel to the southern margin of Nassau Street to its inter- section with the Eastern margin of Monticello Road, thence in a southerly direction with the eastern margin of Monticello Road to a monument opposite the southern margin of the old Quarry Road, thence in a westerly direction with the southern margin of said old Quarry Road, to a concrete monument between Rockland and Palatine Avenues, thence a line N 59 degrees 5 minutes W. to an iron in the east bank of the old Scottsville Road or 6th Street, S. E., thence with present corporate line N 78 degrees 50 minutes W 2342 feet to the beginning, shall be and is hereby, made the City of Charlottesville; and the inhabitants of the City of Charlottesville for all purposes for which towns and cities are incorporated in this Commonwealth, shall continue to be one body, politic in fact and in name, under the style and denomination of the City of Charlottesville, and as such shall have all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent and pertaining to said city as a municipal corporation; and by that name may sue and be sued, and be subject to all the provisions of the Code of Virginia, except so far as may be herein otherwise provided.|
Section 3.Same—University of Virginia excluded
The grounds, walks, driveways and all the land belonging to “Rector and Visitors of the University of Virginia”, a corporation, although embraced within the boundaries of the City of Charlottesville as described in section two, shall nevertheless be deemed to be excluded therefrom and shall be, remain and continue in all respects and for all purposes a part of the county of Albemarle; provided, however, that this exception shall not apply to any of the lands now used and embraced within the streets and roads known as West Main Street, Fry's Spring Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250, State Highway No. 29, nor any sidewalks on such roads, nor to any portion of the right of way of the Chesapeake & Ohio Railroad, and all of said streets, roads and right of way within the boundary lines set out in section two hereof shall be in and a part of the City of Charlottesville.
Section 4. Wards
The said city shall be divided into wards as now constituted, but the number of wards may be hereafter increased or diminished and the boundaries thereof changed by the city council as authorized by law.
Section 5. Elective officers; qualifications; terms; form of government; corporate powers vested in council; salaries of councilmen and mayor; city manager; director of finance.
- (a) The municipal authorities of the said city shall consist of a council of five members, one of whom shall be mayor, as hereinafter set forth, unless and until this form be changed in manner prescribed by law, a clerk of the corporation court, a Commonwealth's attorney, a treasurer, a sergeant, a commissioner of revenue, a civil and police justice, two justices of the peace, who shall be elected by the qualified voters of the City of Charlottesville at elections held at the intervals and on the days prescribed for such elections by the laws of the State. All persons who are qualified voters of the City of Charlottesville shall be eligible to any of the said offices. The terms of offices of all of said officers shall begin and continue for such length of time as is prescribed by law; provided, that any one of said officers shall be eligible to one or more offices to be filled by the council—that is to say, that any officer elected by the people may hold office to which he was elected as well as one or more offices to which he may be elected or appointed by the council. All the corporate powers of said city shall be exercised by said council, or under its authority, except as otherwise provided herein.
- (b) The form of government for said city shall be modified commission plan as follows: All corporate powers, legislative, financial and police authority vested in the City of Charlottesville by law shall be and are hereby vested in a council of five members to be elected at large from the qualified voters of the city, except as hereinafter provided.
- (c) Each of said councilmen shall receive an annual salary of three hundred dollars each (except the president of said council, who shall be mayor, and shall receive five hundred dollars) from the city for their services.
- (d) An election shall be held in the said city pursuant to law, at the time for the next regular election for councilmen in June, nineteen hundred and twenty-eight. At said election the three candidates receiving the highest number of votes shall hold office for four years and the two receiving the next highest number of votes, shall hold office for two years. Thereafter the term of office of the councilmen shall be four years. As soon as the said councilmen shall qualify, they shall meet and elect from their number a president, who shall be mayor without veto power, and who shall preside and also have vote on all questions. Said council shall also elect a vice-president. Said council so composed shall take office on September first, nineteen hundred and twenty-eight.
- (e) It shall be the duty of the said council of five members to immediately elect for a period of two years a business manager, whose title shall be city manager, at the salary to be fixed by them, who may be removed from office by said council at their discretion.
- (f) Said city manager shall have full executive authority in the management of all ministerial affairs, and shall have the right to employ and discharge all employees under his control. Said city manager shall give a bond for the faithful performance of his duties for such sum as said council may require. The duties and responsibilities of said city manager are to be fixed by ordinance of the city council. Except as said council so fixes his duties and responsibilities, the said city manager shall have the powers vested in city managers by sections two thousand nine hundred and forty-four and two thousand nine hundred and forty-five of the Code of Virginia, nineteen hundred and nineteen, and general laws amendatory thereof. –
- (g) Said council shall elect for a period of two years a director of finance who shall superintend the fiscal affairs of the city, and shall man- age the same in the manner required by the council. In all other respects the said council shall have and be vested with the same authority heretofore exercised by the council, and in all other respects their duties and liabilities shall be regulated by the existing laws, not in conflict herewith.
Section 6. Officers and clerks elected by council.
There may be elected by the council such officers and clerks as said council deems proper and necessary, and any one or more of said offices may be held and exercised by the same person. The officers herein mentioned shall be elected or appointed by the council on the first day of September, nineteen hundred and twenty-two, or as soon thereafter as practicable, and biennially thereafter, except when elected to fill a vacancy (which may be done by the council), in which case the election shall be for the unexpired term. It may be competent for the council, in order to secure the services of a suitable person, to elect non-residents, but such officer shall reside in the city during his tenure of office.
Section 7. Oaths of office and qualification of officers; failure to qualify
The councilmen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths pre- scribed for all other officers by laws of Virginia, and qualify before the corporation court of said city, or the judge thereof in vacation, and in the cases of the mayor and councilmen a certificate of such oaths having been taken, shall be filed by them, respectively, with the clerk of the council, who shall enter the same upon the journal thereof; but if any or either of said officers shall fail to qualify, as aforesaid, for ten days after the commencement of the term for which he, or they, were elected, or shall neglect for a like space of time to give such bond as may be required of him, his office or their offices shall be deemed vacant.
Section 8. Vacancy in office of mayor or councilmen.
Whenever, from any cause, a vacancy shall occur in the office of mayor, it shall be filled by the council and a vacancy in the office of councilmen shall be filled by that body at its next regular meeting from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which his predecessor was elected, unless sooner vacated by death, resignation, removal, or from other causes. An entry of said election shall be made in the record book. If the mayor of said city or a councilman shall remove from the city limits, such removal shall operate to vacate his office.
Section 9. Council—President and vice-president.
At its first meeting in September, nineteen hundred and twenty-two, and biennially thereafter, the council shall elect one of its members to act as president, who shall preside at its meetings and continue in office two years. Or if a vacancy occur in the office before the end of his term, such vacancy shall be filled as provided in section seven. At the same time the council shall elect one of its members to be a vice-president, who shall preside at such meetings in the absence of the president, and who, when the president shall be absent or unable to per- form the duties of his office, by reason of sickness, or other cause, shall perform any and all duties required of, or entrusted to, the president. The president, or the vice-president, when authorized, as above stated, to act, shall have power at any time to call a meeting.
Section 10. Same—Quorum.
Three councilmen shall constitute a quorum for the transaction of business at any meeting of that body.
Section 11. Same—President and vice-president entitled to vote.
The president, or vice-president, as the case may be, shall be entitled to a vote on all questions as any other member, but in no case shall he be entitled to a second vote on any question, though it be necessary to break a tie—that is to say, his office shall not entitle him to a vote.
Section 12. Same—Authority generally; meetings; journal of proceedings; general ordinance book; inspection of documents and papers.
The council shall have authority to adopt such rules and to appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business, to compel the attendance of absent members, to punish its members for disorderly behavior, and by vote of two-thirds of all the members elected to it, expel a member for malfeasance or misfeasance in office. The council shall keep a journal of its proceedings, and its meetings shall be open, except when, by a recorded vote of two-thirds of those members present, it shall declare that the public welfare requires secrecy. The council shall also require to be kept by its clerk a separate book, termed “the general ordinance book”, in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and opened to the public inspection. Other documents or papers in the possession of the clerk of the council which may affect the interest of the city shall not, without special order of the body, its president or vice-president, be exhibited, nor copies thereof furnished to other persons than the commit- tees or city officials entitled thereto.
Section 13. Same—Minutes.
At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings, shall be read, and thereupon be corrected, if erroneous, and signed by the person presiding for the time being. Upon the call of any member the ayes and noes shall be recorded in the journal. –
Section 14. Same—Powers enumerated.
The council of the city, except as hereinbefore provided, shall have the power within said city to control and manage the fiscal and municipal affairs of the city and all property, real and personal, belonging to said city; they shall have power to provide a revenue for the city, and appropriate the same to its expenses, also to provide the annual assessments of taxable persons and property in the city, and it may make such ordinances, orders, and by-laws relating to the foregoing powers of this section as it shall deem proper and necessary. They shall likewise have power to make such ordinances, by-laws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them:
To close, extend, widen, narrow, lay out, grade, improve and otherwise alter streets and public alleys in the said city, and have them properly lighted and kept in good order, and it may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatsoever, when it may be deemed expedient by the said council. The land included in any street that is closed shall revert to the abutting owners on either side of the same, each receiving one-half thereof. That is, the new line of each abutter shall be the middle of the former street. The said council may have over any street or alley in the street, which has been, or may be ceded to the city, like authority as over streets or alleys, and may prevent or remove any structure, obstruction or encroachment over, or under, or in a street or alley, or any sidewalk thereof.
To prevent the cumbering of the streets, avenues, walks, public squares, lanes, alleys, or bridges in any manner whatsoever; to compel the occupant or owner of buildings or grounds to remove snow, dirt or rubbish from the sidewalks in front thereof.
To extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department for said city; to regulate the size of materials, and construction of buildings hereafter erected, in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure, or addition thereto which, by reason of dilapidation, defect of structure, or other causes, may have, or shall, become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick or iron.
To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of every kind and description used upon the streets of said city.
To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and pre- vent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the appointment and organization of a board of health or other board to have the powers of a board of health for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the officers of the city have; to regulate the burial, cremation, or disposition of the dead; to compel the return of births and deaths to be made to its health department, and the return of all burial permits to such department.
To acquire by purchase, condemnation, or otherwise, either within or without the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, and may charge for the use of the grounds in said places of interment, and may regulate the same; to prevent the burial of the dead in the city, except in public burying grounds; to regulate burials in said grounds; to require the keeping and return of bills of mortality by the keepers (or owners) of all cemeteries, and shall have power within the city to acquire by purchase, condemnation, or otherwise, such lands, and in such quantity as it may deem proper or necessary for the purpose of burying the dead; provided, however, that no part of such cemeteries, when established or enlarged, shall be within one hundred feet of any residence without the consent of the owner of the legal and equitable title of such residence, and provided further that the provisions of Chapter one hundred and seventy-six of the Code of Virginia, as now existing or hereafter amended, for condemnation of land thereunder so far as applicable shall apply to condemnation proceedings by the city hereunder. The title to any land acquired by condemnation hereunder shall vest in the City of Charlottesville.
To establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious diseases as the said council may see fit, subject to the laws of the State, and of the United States.
To require and compel the abatement and removal of all nuisances within the said city, or upon any property owned by said city, without its limits, at the expense of the person or persons causing the same, or the occupant or owner of the ground whereon the same may be; to prevent and regulate slaughter houses, and soap and candle factories within said city, or the exercise of any dangerous, offensive or unhealthy business, trade of employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to regulate the location of stables, and the manner in which they shall be constructed and kept.
If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or occupant thereon shall permit any offensive or unwholesome substance to remain or accumulate there- on, the said council may cause such ground to be filled up, raised, or drained, or may cause such substance to be covered or removed there- from, and may collect the expense of so doing from the said owner or occupant by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected; provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of non-resident owners, who have no agent in said city, such notice may be given by publication for not less than ten days, in any newspaper published in said city, such publication to be at the expense of said owner, and cost thereof to be collected as a part of the expense hereinbefore provided for.
To direct the location of all buildings for storing gunpowder or other explosives or combustible substance; to regulate or prohibit the sale and use of dynamite, gunpowder, fire-crackers, kerosene oil, gasoline, nitro-glycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons.
To prevent the running at large in said city of all animals and fowls, and to regulate and prohibit the keeping or raising of the same within said city, and to subject the same to such confiscation, levies, regulations and taxes as it may deem proper.
Insofar as not prohibited by general law, to prevent the riding or driving of animals at improper speed, to regulate the speed and manner of use upon the streets of said city of all animals or vehicles; to prevent the flying of kites, throwing of stones, or the engaging in any employment or sport in the streets or public alleys, dangerous or annoying to the public, and to prohibit and punish the abuse of animals.
To restrain and punish drunkards, vagrants, mendicants and street beggars.
To prevent vice and immorality; to preserve public peace and good order, to prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill-fame, and gaming houses; to prevent lewd, indecent or disorderly conduct or exhibitions in the city, and to expel from said city persons guilty of such conduct.
To prevent, prohibit or regulate the coming into the city from points either within, or beyond the limits of the State, of paupers or persons having no ostensible means of support, or persons who may be dangerous to the peace or safety of the city; and for this purpose may require any railroad company, or the owners of any conveyances bringing any such person to, or leaving him in said city, to enter into bond with satisfactory security, that such person shall not become chargeable to city within one year from the date of his arrival, or may compel such company, or owner, to take any such person back to the city whence he was brought, and may compel any such person to leave the city, if he has not been in the city more than ninety days before the order is given.
And the said council shall also have power to make such other and additional ordinances as it may deem necessary for the general welfare of said city; and nothing herein contained shall be construed to deprive said city of any of the powers conferred upon it, either by general or special laws of the State of Virginia, except insofar as the same may be inconsistent with the provision of this charter.
Said council shall have power to require and take from the city's business manager, chief of police, treasurer, director of finance, commissioner of the revenue, and all other bonded officers, bonds with security and in such penalty as they may see fit, which said bonds shall be made payable to the city by its corporate name, and conditioned for the faithful discharge of their duties; said bonds shall be entered on the record of the council and shall be filed with the clerk of the corporation court of the city.
Said council shall have power to erect, or authorize or prohibit the erection of gas works, waterworks, or electric light works in or near the city, and to regulate the same.
To prohibit the pollution of water which may be pro- vided for the use of the city.
To pass all by-laws, rules and ordinances, not repugnant to the Constitution and laws of the State, which they may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property, including authority to keep a city police force; and to do such other things, and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is, or shall be granted to, or vested in said city, or officers thereof, or which may be necessarily incident to a municipal corporation; and to enable the authorities of said city more effectually to enforce the provisions of this section, and any other powers conferred upon them by this charter, their jurisdiction, civil and criminal, is hereby declared to extend one mile beyond the corporate limits of said city.
To create a floating debt not exceeding one hundred thousand dollars when, by a vote of the total membership of the council. the council has passed a resolution declaring it expedient to do so, and when the creating of the floating debt thereby provided for is for the purpose of installing, or extending, one or more public utilities, which constitute an asset, or assets, at least equal in value to the amount expended thereon, which utility, or utilities, shall materially add to the service rendered by the city to its taxpayers and other citizens; and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created, and failure to do this shall suspend this clause.
Section 15. Same—Borrowing in anticipation of taxes; evidences of debt; interest.
The council may also borrow money in anticipation of the collection of the taxes and revenues in the city, in any amount or amounts not exceeding one hundred thousand dollars at any one time. The council may issue negotiable notes or other evidences of debt for all money borrowed under this section. Such notes or other evidences of debt may be renewed from time to time, but all such notes or other evidences of debt shall mature within twelve months. No money shall be borrowed under this section at a rate of interest exceeding six per cent per annum, and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created.
Section 16. Special assessments for local improvements.
Local assessments upon abutting landowners for making and improving the sidewalks upon the streets and improving and paving the alleys, and for either the construction or for the use of sewers, may be imposed not in excess of the peculiar benefits resulting therefrom to such abutting landowner. And the same shall be regulated as prescribed by the general laws.
Section 17. Enactment of ordinances, etc.; punishment for violation; enjoining violation; use of county jail; appeal to corporation court.
To carry into effect the powers herein enumerated, and all other powers conferred upon said city and its council by the laws of Virginia, said council shall have power to make and pass all proper and needful orders, by-laws, and ordinances not contrary to the Constitution and laws of said State, and to prescribe reasonable fines and penalties, including imprisonment in the city jail, and for the enforcement of the collection of fines, to impose imprisonment for a period not exceeding ninety days, which fines, penalties or imprisonment shall be imposed, recovered and enforced by and under the civil and police justice. The city may maintain a suit to restrain by injunction, the violation of any ordinance, notwithstanding such ordinance may provide punishment for its violation. In all cases where a fine or imprisonment is imposed by the civil and police justice, or by the council, the party or parties so fined or imprisoned shall have the right of appeal to the corporation court of said city. All fines imposed for the violation of the city charter, by-laws, or ordinances, shall be paid into the city treasury.
Section 18. Conservators of the peace.
Each councilman, and the civil and police justice of said city, for the time being, are declared to be, and are hereby, constituted conservators of the peace within said city, and within one mile from the corporate limits thereof, and shall have all the powers and authority, in civil, as well as in criminal cases, as justices of the peace. And the chief of police and the policemen of the city shall also be conservators. of the peace within the limits aforesaid, and all proper arrests may be made and warrants of arrest executed by such chief of police and policemen.
Section 19. Budget; levy of taxes.
At least thirty days prior to the time when the annual tax levy or any part thereof is made, the council shall cause to be prepared a budget containing a complete itemized and classified plan of all proposed expenditures and all estimated revenues and borrowing for the ensuing appropriation year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns, the amount appropriated for the preceding appropriation year; the amount expended during that year, the amount appropriated for the current appropriation year and the increases and decreases in the pro- posed expenditures for the ensuing year as compared to the appropriation for the current year. This budget shall be accompanied by an itemized and complete financial balance sheet at the close of the last preceding appropriation year. A brief synopsis of the budget shall be published in a newspaper published in the City of Charlottesville and notice given of at least one public hearing at least fifteen days prior to the date set for the hearing, at which any citizen of the said City of Charlottesville shall have the right to attend and state his views thereon. After such hearing is had, the council shall by appropriate order adopt and enter on the minutes thereof a synopsis of a budget covering all expenditures for the next appropriation year hereinbefore required. The said council shall order a city levy of so much money as in its discretion shall be sufficient to meet all just demands against the city.
Section 20. Tax levy; persons and property liable; amounts; additional taxation.
The levy so made shall be laid on all persons who are residents of said city over twenty-one years of age, upon dogs and upon all tangible personal and real estate within said city, except such persons, personal and real estate as are exempt from taxation under the laws of this State, and also upon all other such subjects within said city as may at the time be assessed with State taxes; provided, however, that the tax on real estate and tangible personal property shall not exceed in any one year, one dollar and eighty-five cents on every hundred dollars value thereof; and provided, also that lands while used for agricultural or grazing purposes included in this charter at the time they are taxed, may be assessed at a lower rate. In addition thereto the council of the said city shall provide for such levy for the maintenance and operation of the public schools and for interest and sinking fund on bonds issued for school purposes as may be authorized or provided for by the general laws of the State, provided, however, that nothing in this act contained shall authorize the imposition of a tax upon intangible personal property at a rate in excess of that authorized by general law. But nothing contained in this section, as hereby amended, shall limit or restrict the power of the city council to levy such additional taxation as they may deem necessary for the use and benefit of the city; provided, such additional taxation shall be authorized and sanctioned by a vote of the qualified voters of said city, in the mode and manner prescribed in section twenty-three of this charter or be authorized by the council by a vote equal to at least two-thirds of the total membership. Provided, that nothing in this section shall be construed to repeal or amend any general law of the State now in effect.
Section 21. Appropriations for advertising city.
The council may each year make appropriation out of the city revenues of an amount not exceeding three cents on each one hundred dollars of the assessed value of the property in the city assessed for taxation for use in purposes which will, in the judgment of the council, advertise the city.
Section 22. Licenses and license taxes; regulation of vehicles for hire.
License taxes may be imposed by ordinance on businesses, trades, professions, and callings and upon the persons, firms, associations and corporations, engaged therein and the agent thereof, except in cases where taxation by the localities shall be prohibited by the general law of the State, and nothing herein shall be construed to repeal, or amend any general law with respect to taxation. - And this right to require a license and impose a tax thereon shall apply to all persons who use the streets of the city for delivery wagons; provided that the license tax paid by any merchant to the City of Charlottesville shall, if the council consent, be in lieu of any tax on a delivery wagon used by him in said city. And said council may also grant or refuse license to owners or keepers of wagons, drays, carts, hacks, and other wheeled vehicles kept or employed in said town for hire or as carriers for the public, may pre- scribe a schedule of charges for their services, and may require the owners of such wagons, drays, carts, and so forth, using them in the city, to take out a license therefor and require taxes to be paid thereon, and subject same to such other regulations as they may deem proper. And said council may impose a license tax not inconsistent with general law on all automotive vehicles regularly used in said city.
Section 23. Collection of revenue; custodian of city funds.
The revenue from these and other sources shall be collected, paid over, and accounted for at such times and to such persons as the council shall order, and pursuant to such ordinance as now exists or may hereafter be passed by the council. The city treasurer shall be the custodian of all the funds of the city.
Section 24. Reports of treasurer; publishing.
The council shall require the director of finance of the said corporation to make out a quarterly report of the receipts and expenditures, together with a balance sheet of said city for the preceding quarter, which report shall state on what account the expenditures were made, and from what source or sources the receipts were derived, which report when approved by the council, or in such manner as the council may direct, shall be published in one or more newspapers of the city on or before the twenty-fifth day of January, April, July and October of each year.
Section 25. Refunding bonds.
The council of said City of Charlottesville is hereby authorized to make and issue the registered or coupon bonds of said corporation, payable not exceeding forty years after their date, bearing interest at not more than five per centum per annum, payable semi-annually; said bonds to be used exclusively in paying off and discharging the principal and interest of the present bonded debt of the corporation of Charlottesville. The said council shall not be authorized to dispose of such bonds at less than par value, except by a recorded affirmative vote of all the members elected to the council. Said registered and coupon bonds shall be regularly numbered, signed by the mayor, clerk and treasurer of the city, and recorded in a book kept for that purpose.
Section 26. Sinking fund.
To provide for the payment of the bonded debt of the city there shall be set apart annually by the council from the revenues of the city such sum as will be sufficient to meet each issue of bonds, either heretofore or hereafter issued, as the same shall become due, except that for any issue of bonds a definite amount of which is payable annually and known as serial bonds, no sum shall be so pro- vided; but for such serial bonds the council shall make in their annual budget definite provision for their payment. The funds thus set apart shall be paid in two equal installments on the first day of January and the first day of July in each year, to the sinking fund commissioners here- after designated, and shall, together with the accretions thereto arising from interest on investments et cetera, be known as the sinking fund, and be held sacred for the payment of the debt of the city as it shall become due; and if no part of said debt be due or payable, said fund shall be invested in the bonds or certificates of debt of said city, or of this State, or the United States, or of some state of this Union, or any other securities which under the laws of the State of Virginia are designated and approved for the investment of fiduciary funds; said fund shall, in the hands of the treasurer, as to all questions of investments, purchase or sale within the limitations of this section, be subject to the orders and management of the mayor, chairman of the finance committee of the council, director of finance and treasurer, who together shall compose the sinking fund commission.
Section 27. Loans and bonds; debt limitation; bond elections.
The council of said city may negotiate any loan or loans for the purpose of improving the streets, lighting the same, buying necessary real estate, erecting public buildings, supplying the city with water, sewerage, and for other purposes; and shall have authority to issue registered and coupon bonds, as well as serial, registered and coupon bonds, for the said loan or loans, payable not more than forty years after the date of said bonds, and said bonds shall bear interest at a rate not greater than five per centum, payable semi-annually; provided, that the council shall not negotiate such loan or loans, and issue bonds therefor, for sums which when added to the debt of the city then existing, shall cause the total indebtedness of the city to be greater than eighteen per centum of the assessed valuation of the real estate of the city subject to taxation, as shown by the last pre- ceding assessment for taxes; provided, however, that in determining the limitation of the power of the city to incur indebtedness, there shall not be included the classes of indebtedness mentioned in subsections a and b of section one hundred and twenty-seven of the Constitution of the State; and provided, further, that such bonds are authorized by an ordinance en- acted in accordance with section one hundred and twenty-three of the Constitution of Virginia, and approved by the affirmative vote of a majority of the qualified voters of the city who vote upon the question of their issuance which majority shall include a majority of the votes cast by those taxpayers of the city at such election, who pay a tax on real or personal property, assessed at two hundred and fifty dollars, or more, to be ascertained at a general election or at a special election held for that purpose; said special election, if one be held, to be ordered by the council, and to be conducted in accordance with the law of the State of Virginia, regarding election by the people. But no election touching the question shall be held until notice thereof has been given by publication for four successive weeks in one or more newspapers published in said city, and recorded in a book to be kept for that purpose.
Section 28. Sale of public utilities; approval by voters.
The rights of the city in its gas, water and electric works and sewer plant, now owned, or hereafter acquired, shall not be sold even after such action of the council as is prescribed by section three thousand and sixteen of the Code of Virginia of nineteen hundred and nineteen, until and except such sale shall have been approved by a majority of the qualified voters of the city, voting on the question at a special election ordered by the council and subject in other respects to the provisions of section twenty-four of this charter applicable to a special election.
Section 29. City sergeant.
The city sergeant shall attend the terms of the corporation court of said city and shall act as the officer thereof; the said sergeant may appoint one or more deputies, who may be removed from office by the sergeant, and may discharge any of the duties of the office of sergeant, but the sergeant and his sureties shall be liable therefor. The city sergeant shall also have all power and authority and perform all duties imposed by general law upon sergeants and constables of cities.
Section 30. Authority of officers appointed by council.
The officers of said city elected or appointed, by the council shall, during the time they are in office have all the power and authority of like officers in the State under its general laws, unless the same be abridged or restricted by the council.
Section 31. Prohibition of immoral shows, etc.
The mayor or the council may prohibit any theatrical or other performance, show or exhibition within said city or a mile of its corporate limits, which may be deemed injurious to morals or good order.
Section 32. Mayor.
The mayor, except as hereinbefore provided in section four, subsection f, shall be the chief executive officer of the city, and shall take care that the by-laws and ordinances thereof are fully executed. He shall see that the duties of the various city officers, members of the police and fire departments, whether elected or appointed, in and for the city, are faithfully performed. He shall have power to investigate their acts, have access to all books and documents in their offices, and may examine them and their subordinates on oath. The evidence given by persons so examined shall not be used against them in any criminal proceedings. He shall also have power to suspend such officers and the members of the police and fire departments, and to remove such officers for misconduct in office or neglect of duty, to be specified in the order of suspension or removal; but no such removal shall be made without reasonable notice to the officer complained of and an opportunity afforded him to be heard in person or by counsel, and to present testimony in his defense. From such order of suspension or removal the city officer so suspended or removed, or the member of the police and fire departments so suspended, shall have an appeal of right to the corporation court. Said mayor, except as herein provided, shall have all other powers and duties which may be conferred upon him by general laws. The corporation court of said city may remove the mayor of said city from office for malfeasance, misfeasance, or gross neglect of official duty, and such removal shall be deemed a vacation of the office. All proceedings against the mayor for the purpose of removing him from office shall be by order of or motion before said court, upon reasonable notice to the party affected thereby, and with the right to said party of an appeal to the supreme court of appeals. In the event of the death, resignation or removal of the mayor, or his inability to discharge his duty from some other cause, his place shall be filled and his duties shall be discharged by the vice-president of the council until such inability ceases or another mayor is elected and qualified. A vacancy in the office of mayor shall be filled as provided for in section seven of this charter.
Section 33. Civil and police justice.
The civil and police justice of said city shall have such jurisdiction as is provided by general law; he shall receive no fees for services as such police justice, but all such fees shall be turned into the city treasury. He shall also have jurisdiction of and try violations of the city ordinances, and inflict such punishment as may be prescribed for a violation of the same. He shall have authority to issue his warrant for the arrest of any person or persons violating any of the ordinances, acts or resolutions of said city; it shall be his duty especially to see that peace and good order are preserved, and persons and property are protected in the city; he shall have power to issue executions for all fines and costs imposed by him or he may require the immediate payment thereof and in default of such payment he may commit the party in default to the city jail until the fine and costs be paid, for a period, however, not exceeding ninety days. He shall hold his court daily, except Sundays, at the place prescribed by the council, and if from any cause he shall be unable to act, he shall appoint a substitute justice to discharge the duties prescribed herein during such inability; and he shall be paid in such manner as the council may provide. The civil and police justice of said city shall be removed, as hereinbefore provided, by the mayor upon proof of malfeasance or misfeasance in office. The civil and police justice shall receive a compensation for his services, to be fixed by the council, which shall not be increased or decreased during the term for which he is elected.
Section 34. Salaries fixed by council.
The salaries of all officers who receive stated compensation for their services from the city shall be fixed by the council.
Section 35. Stated and special meetings of council.
The council shall fix by ordinance the time for holding their stated meetings and no business shall be transacted at a special meeting, unless by unanimous consent, except that for which it shall have been called, and every call for a special meeting shall specify the object thereof.
Section 36. Granting franchises.
The regulation and restrictions for granting any franchise in the city shall be such as are provided by the general law.
Section 37. Receipt and disbursement of moneys by treasurer.
All moneys belonging to said city shall be paid over to the treasurer, and no money shall be by him paid out except as the same shall have been appropriated and ordered to be paid by the council, and the said treasurer shall also pay the same upon warrants approved in such manner as may be prescribed by ordinance of the council.
Section 38. Recovery against treasurer and sureties.
If the said treasurer shall fail to account for and pay over all of the moneys that shall come into his hands when thereto required by the council, it shall be lawful for the council, in the corporate name of the city, by motion before any court of record having jurisdiction in the City of Charlottesville, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city on ten days' notice.
Section 39. Collection of fines.
All fines imposed for any violation of any city ordinance or State law shall be collected by the clerk of the civil and police justice court; and if said clerk shall fail to collect, account for, and pay over all the fines in his hands for collection, it shall be lawful for the council to recover the same, so far as the same are accruing to the city, by motion, in the corporate name of the city, before the corporation court of said city, against the said clerk, his sureties on his said bond, or any or either of them, his or their executors or administrators, on giving ten days' notice of the same.
Section 40. Animals running at large.
The council shall have power to make such ordinances, by-laws, orders and regulations as they may deem necessary to prevent dogs, hogs and other animals from running at large in the limits of the city, and may subject the owners thereof to such fines, regulations and taxes as the council may deem proper, and may sell said animals at public auction to enforce the payment of said fines and taxes; and may order such dogs, as to which there is default, to be killed by a policeman or constable.
Section 41. Taking or damaging private property.
The city shall not take or damage any private property for streets, or other public purposes, without making to the owner, or owners, thereof just compensation for the same. But in all cases where the city council cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for it to apply to the circuit court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lie within the city, to condemn the same.
Section 42. Encroachments upon streets.
In every case where a street in said city has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown the occupant or occupants of the premises so encroaching to remove the same. If such removal shall not be made with- in the time ordered by the city council, it may impose a penalty of five dollars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with cost, for which there shall be lien on the premises so encroaching, which lien may be enforced in a court of equity having jurisdiction of the subject. No encroachment upon any street, however long continued, shall constitute an adverse pos- session thereto, or confer any right upon the person claiming thereunder as against said city.
Section 43. Filing claim for damages condition precedent to action against city.
No action shall be maintained against the said city for dam- ages for an injury to any person or property alleged to have been sustained by reason of the negligence of the city, or any officer, agent or employee thereof, unless a written statement, verified by the oath of the claimant, his agent or attorney, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed, as provided by general law.
Section 44. Continuance of rights, etc., of city; ordinances, etc.
All rights, privileges and properties of the City of Charlottesville hereto- fore acquired and possessed, owned and enjoyed by any act now in force, not in conflict with this act, shall continue undiminished and remain vested in said city under this act; and all laws, ordinances and resolutions of the corporation of Charlottesville now in force, and not inconsistent with this act, shall be and continue in full force and effect in the City of Charlottesville, until regularly repealed.
Section 45. Corporation court.
The corporation court of the City of Charlottesville shall remain as it now exists and be held by the city judge at such times as are, or may be, designated by law, and the jurisdiction of said court shall be such as is now prescribed; provided, of course, that the power to abolish said court in accordance with the Constitution of the State is in no way hereby affected. And the City of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it now belongs.
Section 46. Water supply and sewerage system.
That the corporate authorities of said city be, and they are hereby, authorized and empowered to erect suitable dams and reservoirs, and to lay suitable pipes to supply said city with an adequate supply of water, and to establish and construct a sewerage system for said city; and for such purpose to ac- quire, either by purchase or by condemnation, according to the provisions of the general law for the condemnation of lands by incorporated cities, such lands and so much thereof as may be necessary for the aforesaid purposes.
Section 47. Elections.
All elections under this charter shall conform to the general law of the State in regard to elections by the people.
Section 48. County property within city limits; arbitration; school property in Charlottesville school district; Miller Manual Labor School.
The property now belonging to the county of Albemarle within the limits of the City of Charlottesville shall be within and subject to the joint jurisdiction of the county and city authorities and officers, and shall not be subject to taxation by the authorities of either county or city; and if the county and city aforesaid cannot agree upon the terms of joint occupancy and use of such property in regard to which settlements may not have already been effected, the right of said city to such joint occupancy and use being hereby recognized, then the board of arbitration herein provided for shall determine the terms of such joint occupancy and use, and said board of arbitration shall determine what rights, if any, the city aforesaid has in all other county property; but this is subject to the recognition of the right of the city, as well as the county (through the district school board or otherwise) in the school property in Charlottesville school district; and nothing herein contained shall affect the rights of the inhabitants of said city to participate in the benefits of the Miller Manual Labor School in the Samuel Miller district in said county.
Section 49. Board of arbitrators; duties; awards.
A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle County, one by the council of Charlottesville, and they to choose a third, is hereby established, whose duty it shall be to adjust and decide the matters hereinbefore submitted to them, and all such other questions as may arise between said city and county, growing out of the extension of the corporation limits, and the establishment of a city government. The awards of said arbitrators shall be entered upon the records as the judgments of the city court or the county circuit court, as the arbitrators may designate.
Section 50. Same person may hold county and city office.
And it is further provided that the same person shall be eligible to and, if elected, may hold a county office and a city office, if the said offices be of the same nature, at the same time; provided, such officer lives within the city limits; and any person otherwise qualified, who is a resident of the City of Charlottesville, shall be eligible to election or appointment to any county office of Albemarle County.
If any clause, sentence, paragraph, section or part of this act be held invalid by a court of last resort of this State in proper case such invalidity shall not affect or invalidate any other clause, sentence, paragraph or part of this act but shall be confined exclusively to the portion so held invalid.
- 2. Chapter ten hundred twelve of the Acts of Assembly of eighteen hundred ninety-nine-nineteen hundred, approved March three, nineteen hundred, chapters one hundred nine and four hundred eleven of the Acts of Assembly of nineteen hundred twenty-two, approved, respectively, February twenty-eight and March twenty-four, nineteen hundred twenty- two, and all acts amendatory of such chapters, and all other acts and parts of acts in conflict with the provisions of this act are repealed to the extent of such conflict.
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