Chap. 287.—An ACT to amend the charter of the city of Charlottesville, ap-
proved March 24, 1922, by adding thereto four sections, to be numbered 21%,
1314, 1814 and 4014, and by amending and re-enacting sections 4, 9, 17, 18.

[H B 265]

Approved March 21, 1928

1. Be it enacted bv the general assembly of Virgimia, That an act
entitled an act to amend and re-enact all acts creating and amending
the charter of the city of Charlottesville and to provide a charter and
special form of government for the said city, and to repeal all acts and
parts of acts inconsistent with this act, so far as they relate to the city
of Charlottesville, approved March twenty-fourth, nineteen hundred
and twenty-two, be amended by adding thereto four sections to be num-
bered two and one-half, thirteen and one-half, eighteen and one-half
and forty and one-half and by amending and re-enacting sections four,
line, seventeen and eighteen thereof, said sections are to read as follows:

Section 2%. The grounds, walks, driveways and all the lands be-
onging to “rectors and visitors of the University of Virginia,” a cor-
oration, although embraced within the boundaries of the city of Char-
ottesville as described in section two, shall nevertheless be deemed to
ve excluded therefrom and shall be, remain and continue in all respects
and for all purposes a part of the county of Albemarle.
Section 4. (a) The municipal authorities of the said city shall con-
sist of council of five members, one of whom shall be mayor, as here-
inafter set forth, unless and until this form be changed in manner pre-
scribed 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, a constable, 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 office 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 com-
mission plan as follows: All corporate powers, legislative, financial and
police authority vested in the city of Charlottesville by law shall be and
is 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 hun-
dred 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 with-
out veto power, and who shall preside and also have vote on all ques-
tions. Said council shall also elect a vice-president. Said council so
coniposed, 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 im-
mediately elect for a period of one year 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 em-
ploy and discharge all employees under his control. Said city man-
ager shall give a bond for the faithful performance of his duties tor
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 hun-
dred and forty-five of the Code of Virginia, nineteen hundred and
nineteen, and general laws amendatory thereof.

‘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 9. Three councilmen shall constitute a quorum for the
transaction of business at any meeting of that body.

Section 1314. 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 float-
ing debt thus created.

_ Section 17. 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 pro-
posed 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 appropria-
tion 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 hear-
ing, 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 min-
utes 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 18. 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 per-
sons, 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, how-
ever, 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 taxa-
tion 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 member-
ship. Provided, that nothing in this section shall be construed to
repeal or amend any general law of the State now in effect.

Section 1814. 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 40%. No action shall be maintained against the said city
for damages 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 with the city manager within six
months after such cause shall have accrued.

2. An emergency existing by reason of the fact that an election
of councilmen must be held in June, nineteen hundred and twenty-
eight, this act shall be in force from its passage.