Difference between revisions of "1899-1900 charter"

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| Second || B || [[A. D. Payne]] ||  || aldermen || 2-years || May 23, 1901 || July 1, 1901 || June 30, 1903
 
| Second || B || [[A. D. Payne]] ||  || aldermen || 2-years || May 23, 1901 || July 1, 1901 || June 30, 1903
 
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| Second || B || [[Dr. H. T. Nelson]] ||  || aldermen || 2-years || May 23, 1901 || July 1, 1901 || June 30, 1903
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| Third || A  || [[W. A. Lankford]] ||  || aldermen || 2-years || May 23, 1901 || July 1, 1901 || Resigned
 
| Third || A  || [[W. A. Lankford]] ||  || aldermen || 2-years || May 23, 1901 || July 1, 1901 || Resigned

Latest revision as of 10:50, 21 July 2019

The 1899-1900 charter organized the City of Charlottesville under a mayor-council government. Referred to as the common council of twelve members, the mayor was elected directly by the voters to hold office for the term of two years. The mayor exercises the executive powers of the City and supervises all departments and employees. The twelve member board of aldermen consisted of three aldermen elected for a two-year term, from each of the four wards. The mayor and board of aldermen constituted the city council, exercising the legislative branch of the City. The mayor had no veto in the council, except in the case of a tie, when he gave the casting vote.

Prior to the 1899-1900 charter, the city form of government consisted of a ten-member board of alderman under the 1871 charter. The 1899-1900 charter was superseded by the bicameral council form of government with four aldermen and eight councilmen under the 1922 charter; the commission form with five members city council; and the current council-manager form of government under the 1946 charter.

Mayors under the 1899-1900 charter Term
C. W. Allen [1] 1900-1902
J. Samuel McCue 1902-1904
George W. Olivier 1904-1906
George W. Olivier 1906-1907
Elbridge G. Haden 1908-1910
Elbridge G. Haden 1910-1911
A. V. Conway 1912-1913
A. V. Conway 1914-1915
Elbridge G. Haden 1916-1917
Elbridge G. Haden 1918[2]
B. E. Wheeler 1919-1920
W. M. Forrest[3] 1920-1922

First Session Councilmembers

Ward Seat Member Party Title Term Date of Elected Term of Office Begins Term of Office Ends
At-large Mayor Charles W. Allen mayor 2-years May 24, 1900 July 1, 1900 July 1, 1902
First A W. J. Tyson aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
First B L. W. Graves aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
First C George E. Walker aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Second A M. Leterman aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Second B A. D. Payne aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Second C Dr. H. T. Nelson aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Third A W. A. Lankford aldermen 2-years May 23, 1901 July 1, 1901 Resigned
Third B James F. Harlan aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Third C Henry D. Jarman aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Fourth A J. M. Murphy aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903
Fourth B John S. Patton* aldermen 2-years May 23, 1901 Resigned
Fourth C Henry M. Lewis aldermen 2-years May 23, 1901 July 1, 1901 June 30, 1903

The 1899-1900 charter was granted to the City of Charlottesville by the 100th General Assembly during the 1899-1900 session. Under the 1887 Code of Virginia, Chapter 1012 - An ACT to provide a new charter for the city of Charlottesville was approved on March 3, 1900 and went into effect on July 1, 1900. The first municipal election under this new charter was held on May 24, 1900.

Contents

CHAP. 1012.-An ACT to provide a new charter for the city of Charlottesville, and to repeal all acts inconsistent there with.

As-is Approved March 3, 1900

Boundaries of the City of Charlottesville

1. Be it enacted by the general assembly of Virginia, That so much of the land as lies and is contained within the following boundaries,
beginning at the entrance to the Brennan estate from the Monticello road (the gate nearest to town); thence north forty-eight, east one hundred and six poles, crossing the Chesapeake and Ohio railway, to corner of the yard belonging to (the farm) late Thomas L. Farish’s estate, on the road to the Woollen Mills; thence with said yard fence, north thirty- three and one-half, east fifty-eight and one-half poles; thence north twenty-one, west one hundred and seventy-six and a half poles, to the northeast corner of B. C. Flannagan's dwelling-house; thence north seventy-two and one-half, west one hundred and fourteen poles, to the south bank of the Virginia Midland railway; thence along said southern bank, south forty-eight and one-half, west one hundred poles, and south fifty-eight and one-half, west thirty-five poles to the south side of Preston avenue; thence along the south side of said avenue, north forty- seven and one-half, west thirty-seven poles, to the southeast corner of John M. White's lot; thence leaving the road or avenue, south eighty- seven and one-half, west thirty-seven and four-tenths poles, to the south- east corner of Jesse Seay's lot; thence north eighty-two and one-half, west one hundred and forty-eight poles, to the southeast corner of Mistress Turner's slaughter-house; thence north sixty-nine and one-half, west thirty-four poles, to the lane leading to the said Mistress Turner's house; thence with said lane, south twenty-six, west thirty poles, to the Chesapeake and Ohio railway; thence east with said railway to the crossing of . the University avenue; thence leaving the railway, south thirteen and one-fourth, west one hundred and eighteen poles, crossing the Virginia midland railway, to a corner in line with the Fife lots; thence south eighty-seven and one-half, east thirty-six poles, to the southern line of said lots, and along the same sixty-eight and one-half poles to the southwest corner of Thomas B. Bunch’s lot, at the head of R. H. Fife's ice-pond; thence south forty-three and one-half, east thirty-seven poles, to the corner in branch below said ice-pond; thence south twenty-four and three-fourths, east one hundred and twenty-seven and one-half poles, to the southwest corner of James S. Barksdale's lot on the road to Hartman’s mill; thence along the northern margin of said road, south sixty-one and three-fourths, east twenty-three and one-half poles, to the southeast corner of said Barksdale's garden; thence south eighty- one, east seventy-five poles, to Pollock's branch; thence with said branch as far as its several courses will admit, north forty-two and a half, east eighty-five poles, north seventy-four and one-half, east twenty poles, and north forty-five and one-half, east eight poles, to a point on said branch west of J. L. Hay's house; thence south sixty-nine and one-half, º east one hundred and eleven and one-half poles, crossing the Scottsville road (and including the said Hay's house), to the place of 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 of the provisions of the code of Virginia, except so far as may be herein otherwise provided.

Municipal authorities; when elected, and by whom

2. The municipal authorities of the said city shall consist of a mayor, twelve aldermen, a clerk of the corporation court, a commonwealth's attorney, a treasurer, a sergeant, a commissioner of the revenue, a justice of the peace, and a constable, who shall be elected as hereinafter provided. The above officers incumbent at the time of the passage of this act shall remain in office for the period for which they were elected. That is to say, the mayor, the clerk of the corporation court, the commonwealth's attorney, the treasurer, the sergeant, the commissioner of the revenue, the justice of the peace, and the constable, until June - thirtieth, nineteen hundred. The twelve aldermen, present incumbents, shall hold office until June thirtieth, nineteen hundred and one, and their successors to be elected on the fourth Thursday of May, nineteen hundred and one, and on the fourth Thursday in May in every second year thereafter; three aldermen shall be elected from each ward in the said city of Charlottesville. All persons who are qualified voters of the city of Charlottesville shall be eligible to any of the said offices. The terms of office of all of said officers shall begin on the first day of July next after their election.

Council

3. The mayor and aldermen shall constitute the council of said city, and all the corporate powers of said city shall be exercised by said council or under its authority, except when otherwise prov=ided.

What officers elected by council

4. There shall be elected by the council of said city, from among the qualified voters of said city, an overseer of the poor, a street commissioner, and such officers and clerks as they may deem 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 appointed or elected by the council within thirty days after their term of office begins, and shall exercise the duties of their respective offices for the term for which members of the council have been elected, unless sooner vacated by death, resignation, removal, or for other cause. There shall also be appointed by the council of the said city, at their first regular meeting in June, nineteen hundred, from the qualified voters of said city, a police justice, who shall hold his office for the term of two years from July first, nineteen hundred, and his successor to be elected by the council of said city of Charlottesville at their first regular meeting in June every two years thereafter: and further provided, that no office, or offices, not specially provided for in this charter shall be created except by a vote of two-thirds of the members of the council in regular meeting assembled.

Mayor and aldermen of Charlottesville, how elected. Who to vote.

5. The election of mayor, aldermen, and all other officers elected by the people, and the registration of voters of the said city of Charlottesville, shall be held and conducted in the manner prescribed by the laws of Virginia, then existing, and the present officers of said city are continued in office until replaced by due process of law.

Oath of office

6. The mayor, aldermen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths prescribed for all other officers, by the laws of Virginia, and qualify before the corporation court of the said city, or the judge thereof in vacation; but if any or either of them shall fail to do so for ten days after the commencement of the term for which he or they were elected, his or their office shall be deemed vacant.

Filling mayor or aldermen vacancy

7. Whenever from any cause a vacancy shall occur in the office of mayor or alderman, the same shall be filled by the council at its next regular meeting, from its own body or from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which the members of the council have been elected, unless sooner vacated by death, resignation, removal, or for other cause: provided, that in case of an alderman, he shall be taken from the ward in which he is a voter. An entry of said election shall be made in the record book of the council. If the mayor of said city shall remove from the city limits, or an alderman shall remove from the ward which he represents, such removal shall operate to vacate his office.

Duties and powers of mayor

8. The mayor, when present, shall preside over the meetings of the council, and in his absence, the president of the council (who shall be elected by the council at its first annual meeting in July of each year) shall preside, and in the absence of both the council shall choose its presiding officer from its body for that meeting.

Quorum

9. Seven aldermen shall constitute a quorum for the transaction of business at any meeting of the council.

Casting vote

10. The mayor shall have no vote in the council, except in case of a tie, when he shall give the casting vote.

Journal

11. The council shall cause to be kept in a journal an accurate record of all its proceedings, by-laws, acts, and orders, which shall be properly indexed and open to the inspection of anyone who is entitled to vote for members of the council.

Council’s votes recorded in the journal

12. At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings shall be read to the council, and shall 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.

Powers of council

13. The council so constituted, shall have power, within said city–

To lay off, open, curb, and pave streets, alleys, walks, gutters, for public use; and to alter, improve, and light the same, and have them kept in good order and free from obstruction on and over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, and gutters to be curbed, graded, paved, and kept in good order, free and clean by the owners or occupants thereof;
To lay off public grounds, and to provide, contract for, and take care of all buildings necessary for the use of the city;
To establish and regulate markets, to prescribe the time for holding the same, and what articles shall be sold in such markets;
To prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome;
To protect places of divine worship in and about the places where held;
To abate or cause to be abated anything which, in the opinion of two- thirds of the council, shall be a nuisance;
To regulate the keeping of gunpowder or other combustibles;
To provide in or near the city places for the burial of the dead, and to regulate interments in the city.
To provide for the building of houses or other structures, and for the making of division fences, and for the draining of lots by proper drains and ditches:
To make regulations for guarding against damage or danger from fires;
To provide for the poor of the city, and appoint and publish the places of holding the city elections;
To provide a revenue for the city, and approximate the same to its expenses;
To provide the annual assessments of taxable persons and property in the city:
To establish rules for the transaction of business and for the government and regulation of its own body:
To promote the general welfare of the city, and to protect the property of persons therein, and to preserve peace and good order, keep a city police force;
To require and take from the city’s chief of police, treasurer, auditor, commissioner of the revenue, and all other bonded officers bonds, with security, and in such penalty as the council 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, and said bonds shall be filed with the clerk of the corporation court, and it shall be the duty of the council to require and take such bonds;
To permit or prohibit the establishment of new places for the interment of the dead in or near the city, and to regulate the same:
To erect or authorize or prohibit the erection of gas-works, water- works, or electric-light works in or near the city, and to regulate the same;
To prohibit the pollution of water which may be provided for the use of the city;
To establish and construct sewers or public ducts for city purposes through the streets, lanes, squares, or commons, or wherever else they may deem expedient;
To pass all by-laws, rules, and ordinances not repugnant to the constitution and laws of the state, which it 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; 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 in the council, court, 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, their jurisdictions is hereby declared to extend one mile beyond its corporate limits.

Property owner charged for cost of new sidewalk and repair

14. Whenever a new sidewalk shall be ordered to be made by the council, the city shall cause the curb to be put down, and the property along the boundary of which said sidewalk shall extend, shall be charged with a proportion of the cost of said curbing and sidewalk, not exceeding one-half. The property owners of the city shall be required to repair the sidewalks in front of their property, and if they fail to do so the city shall proceed at once to repair all sidewalks and charge the same to the respective property owners and their property: provided, that the council shall have authority to designate what repairs shall be made in each case, and shall notify property owners accordingly: and provided further, that before property in any case is charged with expense under this section, said property owner or owners must be notified that at a time and place designated in the notice that application will be made to the corporation court of Charlottesville or to the judge thereof in vacation, for the approval of such action as may be contemplated, and, on the hearing of such application, said property owners may appear and resist the same. Said notice shall be ordered by the council; it shall be addressed to the property owners concerned, and it shall be signed by the mayor of the city. It shall be sufficiently served, if published once a week for four successive weeks in some newspaper published in the city of Charlottesville, or it may be served directly on the property owners to be affected in the manner in which notices are required to be served by sections thirty-two hundred and seven and thirty-two hundred and eight of the code of Virginia of eighteen hundred and eighty-seven. The order of the said court or of the judge thereof in vacation shall determine what action shall be taken in the premises.

Fines and penalties; contract for use of county jail

15. 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 needful and proper orders, by-laws, and ordinances not contrary to the constitution and laws of said state, and to prescribe and impose reasonable fines and penalties, including imprisonment in the city jail for a period not exceeding six months, and for the enforcement of the collections of fines to impose imprisonment in the city jail for a period not exceeding ninety days, which fines, penalties, or imprisonment shall be imposed, recovered, and enforced by and under the mayor until the first day of July, nineteen hundred, and by the police justice after the first day of July, nineteen hundred, or by any one of the aldermen of said city. And the authorities of said city may, in accordance with the contract between the council of said city and the county of Albemarle, continue to use the jail of said county for any purpose for which the use of a jail may be needed by them, under the acts of the council or of the state of Virginia: provided, however, that in all cases where a fine or imprisonment is imposed by the mayor, police justice, any alderman, 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.

Mayor and aldermen conservators of the peace

16. The mayor, each one of the aldermen, and the 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.

Annual budget

17. The council shall cause to be made up, annually, and entered upon its journal an accurate estimate of all sums of money which are or may become lawfully chargeable on said city, and which ought to be paid in one year; and 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 corporation.

Levy; tax on persons, dogs, real estate and personal property

18. The levy so made may be laid on all male persons who are residents of said city over twenty-one years of age; upon dogs, and upon all 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 personal property, including choses in action, shall not exceed in any one year one dollar and twelve and one-half 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, shall be assessed for incorporation purposes at the same rates that the same lands would be assessed for county purposes if outside of the corporation limits: and provided, moreover, that the tax on income shall not exceed the rate of taxation on the same as fixed by the laws of this state at the time of said levy. 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-four of this charter.

License requirement

19. In all cases in which the laws of the state require a license to be taken out by any person engaged in the pursuit of any business, trade, occupation, or calling, or for any other purpose, the said council shall have power to require a license to be taken out in all such cases for the benefit of said city before such person shall be permitted to pursue such business, trade, occupation, or calling within the corporate limits of said city, or within one mile from said limits. Said council may also grant or refuse license to owners or keepers of wagons, drays, carts, hacks, and other wheeled carriages kept or employed in said city for hire or as carriers for the public, and may require the owners of such wagons, drays, carts, and so forth, using them in the city to take out a license therefore, and require taxes to be paid thereon and subject the same to such regulations as they may deem proper.

City treasurer custodian of city funds

20. 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. The city treasurer shall be the custodian of all the funds of the city.

Quarterly report required of treasurer

21. The council shall require the treasurer 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 fifteenth day of October, January, April, and July of each year.

Bonds

22. The council of the 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. But said council shall not be authorized to dispose of such bonds at less than par value. 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.

Sinking fund

23. The council of the city of Charlottesville shall, annually, invest in Virginia state or United States bonds, as a sinking fund, such proportion of its annual revenue as shall be equivalent in cash value to at least one-fortieth of the bonded debt of said city, out of which to pay, as they fall due, the bonds of the town or city of Charlottesville: provided, nevertheless, that the said council may instead of investing its revenue in Virginia or United States bonds, use said revenue which is to be annually invested in said bonds in paying off and discharging the principal of any of the bonds of the said town or city of Charlottesville.

Loan or loans sanctioned council and by votes

24. 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 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 two-thirds of the council of said city shall approve and authorize said loan or loans; and provided further, that said loan or loans shall be sanctioned by three-fifths of the qualified voters of said city voting upon the question; which three-fifths shall include a majority of the votes cast by those tax-payers of the city, at such election, who pay a tax on real or personal property assessed at five hundred dollars or upward; and also a majority of the registered voters of said city, to be ascertained by a vote taken and conducted in the manner authorized for any election under the charter of the said city, after having given notice thereof by publication for four weeks successively, in one or more of the newspapers published in the said city. And at any election held under this section, each ballot shall be endorsed with the name of the voter, which shall be inspected by the officer or officers conducting the election at their respective voting places: and provided further, that the council of said city shall annually invest in Virginia state, United States, or of the city of Charlottesville bonds as a sinking fund, such proportions of the revenue of said city as shall be equal in cash value to one-fortieth of said loan or loans; which sinking fund shall be used exclusively for payment of the bonds issued for said loan or loans. Any bond issued under the provisions of this section shall be regularly numbered, signed by the mayor, clerk, and treasurer, and recorded in a book to be kept for that purpose.

Office of sergeant

25. 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, with the approval of the said court, appoint one or more deputies, who may be removed from office by the sergeant or the said court, and may discharge any of the duties of the office of sergeant, but the sergeant and his sureties shall be liable therefor.

Power and authority of officers

26. 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.

Duties and powers of mayor

27. The mayor shall have power to suspend, and the council shall have power to remove all city officers appointed by the mayor or council, including the chief of police and the policemen, 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 a reasonable notice to the officer complained of and an opportunity afforded him to be heard in his defense.

Sale of real estate delinquent for non-payment of city taxes

28. The council may order and require real estate in the city delinquent for non-payment of city taxes to be sold by the sergeant at public auction for the arrears, with interest thereon, and with such additional per centum as the council may prescribe for charges, and the surplus shall be paid to the owner; and they may prescribe and regulate the manner, and the terms on which the said delinquent real estate shall be sold and redeemed: provided, a list of said delinquent lands, with the average of tax thereon, shall be published for at least four weeks in some newspaper published in the city, and posted at the front door of the court-house of the city: provided further, that such lien and sale shall be subject to the lien of the state and the city for all other taxes and levies due on such property.

Authority to prohibit events deemed injurious to the morals or good order

29. The mayor, with the concurrence of the council, or the council or the mayor, when the council cannot be convened, 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 the morals or good order of the city or the people of Albemarle county.

Mayor chief executive officer

30. The mayor shall be the chief executive officer of the city; he shall take care that the by-laws, ordinances, acts, and resolutions of the council are faithfully executed. He shall see that the duties of the various officers are faithfully performed. He shall have power to investigate their acts, and have access to all books and documents in their offices relating to the city, and may examine them and their subordinates on oath; he shall be ex-officio a conservator of the peace within the city and within a mile of the corporate limits, and shall, within the same, and until first day of July, nineteen hundred, exercise all the powers vested in a justice of the peace for the city; he shall have control of the police of the city, and may appoint special police officers when he deems it necessary. He shall, from time to time, recommend to the council such measures as he may deem needful for the welfare of the city. In case of the absence or inability of the mayor, the president of the council, or, in his absence or inability, some other member designated by the council, shall act as mayor and possess the same powers and discharge the same duties as are possessed and discharged by the mayor, when actually on duty. In case a vacancy shall occur in the office of mayor, the president of the council shall discharge the duties of the office until the next regular meeting of the council, at which time the vacancy shall be filled by the council. The mayor shall receive a compensation for his services, to be fixed by the council, which shall not be increased or diminished for the term for which he shall have been elected, but said compensation shall be not less than four hundred dollars per annum, or more than six hundred dollars per annum.

Police justice

31. The police justice shall have and possess all the jurisdiction and exercise all the powers and authority in all criminal cases of a justice of the peace for said city, and his jurisdiction shall extend to within one mile of the corporate limits of the city; but he shall receive no fees for services as such police justice, but all such fees shall be covered into the city treasury. He shall also have jurisdiction of and try all 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 war- rant 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 that 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 any other justice of the peace, or any one of the aldermen of said city, to discharge the duties of the police justice prescribed herein during such inability, and who shall be paid for such services by the police justice at the same rate per diem as such police justice receives. The police justice shall keep a regular account of all fines, forfeitures, fees, and costs imposed, arising or collected in the administration of his office, which he shall report monthly to the city treasurer. The chief of police shall collect such fines, forfeitures, fees, and costs, keep an account thereof, and pay the same monthly into the city treasury, except that all fines collected for offenses committed against the state shall go to the literary fund, as provided by law. The police justice of said city shall be removed, as hereinbefore provided, by the city council upon proof of malfeasance or misfeasance in office. The 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, but said compensation shall be not less than four hundred dollars per annum or more than six hundred dollars per annum. The payments of fees heretofore made for issuing and trying warrants in the mayor's court are hereby validated, and the council of the city of Charlottesville are authorized to pay the same fees as have heretofore been paid for issuing and trying such warrants from January first, nineteen hundred, until July first, nineteen hundred.

Business at regular or special meeting

32. The council shall fix by ordinance the time for holding its stated meetings, and no business shall be transacted at a special meeting except that for which it shall have been called, and every call for a special meeting shall specify the object thereof; and at no regular or called meeting of the council shall any franchise be granted or amended until notice of the application to be made therefor shall have been published once a week for two successive weeks in some newspaper published in the city before the time of the meeting at which the same is to be applied for; and no franchise or amendment thereto shall be granted except by a two-thirds vote of the members elect of the council; and all such parties applying for franchises or amendments to franchises, already granted, must pay the requisite publishing charges.

Money paid by treasurer

33. All moneys belonging to the 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 warrant approved in such manner as may be prescribed by ordinance of the council.

Moneys recovery from treasurer

34. If the said treasurer shall fail to account for and pay over all or any 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.

Fines collected by chief of police

35. All fines imposed for any violation of any city ordinance or state law shall be collected by the chief of police; and if the said chief of police 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 chief of police, 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.

Council’s power; ordinances to prevent animals from running at large

36. The council shall have power to make such ordinances, by-laws, orders, and regulations as they may deem necessary to prevent hogs, dogs, 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 taxes are in default, to be killed by a policeman or constable.

Condemnation of private property

37. The council shall not take or use 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 said corporation cannot, by agreement, obtain title to the land or other property necessary for such purposes, it shall be lawful for said corporation to apply to and obtain from either the corporation court of the city of Charlottesville or the circuit or county court of Albemarle county, according to jurisdiction over the subject matter, for authority to condemn the same, which shall be applied for and proceeded with according to law.

Rights, privileges, and properties of the city of Charlottesville

38. All the rights, privileges, and properties of the city of Charlottesville, heretofore 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 by a council elected as provided under this charter.

Election of mayor, commonwealth’s attorney, sergeant, justice of the peace

39. There shall be elected by the qualified voters of the city of Charlottesville on the fourth Thursday in May, nineteen hundred, a mayor, a commonwealth’s attorney, a sergeant, a justice of the peace, and a constable for said city, who shall hold office for the term of two years from July first, nineteen hundred, and their successors to be elected on the fourth Thursday in May every two years thereafter; one treasurer, who shall be elected on the fourth Thursday in May, nineteen hundred, who is to hold office for the term of three years from July first, nineteen hundred, and his successor to be elected on the fourth Thursday in May every three years thereafter; one commissioner of the revenue, who shall be elected on the fourth Thursday in May, nineteen hundred, and to hold office for a term of four years from July first, nineteen hundred, and his successor to be elected on the fourth Thursday in May every four years thereafter; one clerk of the corporation court, who shall be elected on the fourth Thursday in May, nineteen hundred, and who shall hold his office for the term of six years from July first, nineteen hundred, and his successor to be elected on the fourth Thursday in May every six years thereafter; and there shall be elected from and by the qualified voters of the city of Charlottesville on the fourth Thursday in May, nineteen hundred and one, three aldermen from each ward, who shall be qualified voters in the wards for which they are elected, and who shall hold their respective offices for the term of two years from the first day in July, nineteen hundred and one, and their successors are to be elected on the fourth Thursday in May, every two years thereafter. And there shall be established for the city of Charlottesville a corporation court, to be held by the city judge of said city at such times as may be designated by law; and the jurisdiction of said court shall be such as is now prescribed by law, and the salary of said judge shall be fixed by the city council at a sum not exceeding eight hundred dollars per annum; and the city of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it belonged as the town of Charlottesville. Each of the said officers shall continue to discharge the duties of his office until his successor is qualified.

Water supply and sewage system for city

40. 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 purposes to acquire, 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.

General law of the state in regard to elections

41. All elections under this charter shall conform to the general law of the state in regard to elections by the people.

Property belonging to the county of Albemarle within the limits of the city of Charlottesville

42. 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 term of joint occupancy and use of such property in regard to which settlements may not have already been affected, 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 the 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.

Right of county to have paupers transferred to city poor house

43. The right of the county, if any, to have the paupers now at the - county poorhouse, who were sent from the territory recently added to the corporation of Charlottesville, transferred to the city poorhouse or their maintenance at the county poorhouse provided for by the city, shall be determined by the board of arbitrators herein provided for.

Board of arbitrators between city and county

44. A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle county, one by the city 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 up as the judgments of the city court or the county circuit court, as the arbitrators may designate.

Residency of county and city office holders

45. 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.

Inconsistent acts repealed

46. All acts and parts of acts inconsistent herewith are hereby repealed.

Enforcement

47. This act shall be in force from its passage.

Source: Acts passed at a General Assembly of the Commonwealth, yr.1899. [4]

  1. First mayor elected under the new charter
  2. Changed to a council-manager form of government
  3. last mayor elected under the 1899-1900 charter
  4. https://babel.hathitrust.org/cgi/pt?id=uc1.a0001738178&view=1up&seq=1137