CHAPTER 137

An Act to amend and reenact § 5 as amended, §§ 33 and 50.1 of Chapter
884, Acts of Assembly, 1946, approved March 28, 1946, which provided
a charter for the city of Charlottesville, relating, respectively, to
elective officers, their qualifications, terms, compensation, powers and
the city manager and director of finance; creating a municipal court
and providing for judges thereof; and additional powers granted by

law to said city.
[H 305]

Approved March 2, 1964

Be it enacted by the General Assembly of Virginia:

That § 5 as amended, §§ 33 and 50.1 of Chapter 384, Acts of Assem-
biy, 1946, approved March 28, 1946, which provided a charter for the city
of Charlottesville, be amended and reenacted as follows:

§ 5. (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, * and two justices of the peace, who
shall be elected by the qualified voters of the city of Charlottesville at elec-
tions 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 of said officers shall be
pligible to one or more offices to * which he may be elected or appointed
oy 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 the city manager
plan as follows: All corporate powers, legislative and executive 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 twelve
hundred dollars each (except the president of said council, who shall be
mayor, and shall receive fifteen 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 high-
est 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. There-
after 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 * 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 immedi-
ately 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) Subject to general control by the council as provided in subsection
(b) hereof, the city manager shall have full executive and administrative
authority and shall have the right to employ and discharge all employees
under his control. All departments of city government, including the fire
department and police department, shall be under the general supervision
of the city manager. The city manager shall give a bond for the faithful
performance of his duties in such sum as the council may require. Subject
to the general power of the council as provided in subsection (b) hereof
and except as the council may by ordinance otherwise provide, the city
manager shall have the powers vested in city managers by §§ * 15.1-926
vie Peedi of the Code of Virginia and general laws amendatory

ereof.

(zg) 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
manage 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 therewith.

§ 33. * The judge of the municipal court of said city, and substitute
judge of said court, who shall each be appointed for a term of four years
by the judge of the Corporation Court of the city of Charlottesville shall
have such jurisdiction as is provided by general law; * they shall receive
no fees for services as * judge or substitute judge, but all such fees shall
be turned into the city treasury. * The judge 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. * The judge shall have au-
thority to issue his warrant for the arrest of any person or persons violat-
ing 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 execu-
tions for all fines and costs imposed by him or he may require the immedi-
ate 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. * The judge shall hold his court daily,
except * Saturday and Sunday, at the place prescribed by the council. * If
from any cause * the judge of said court shall be unable to act, * the sub-
stitute gudge shall discharge the duties prescribed herein during such in-
ability. * The * judge and substitute judge shall receive a * salary for *
their services, to be fixed and paid by the council.

All papers connected with any civil action or proceeding in the munic-
tpal court of this city, except those in actions or proceedings (1) in which
no service of process is had, (2) which are removed or appealed, and (8)
in which the papers are required by law to be sooner returned to the
clerk’s office of a court of record, shall be properly indexed, filed and pre-
served in the municipal court of the city.

The power of appointment, in the judge of the Corporation Court of
the city of Charlottesville, shall become effective January one, nineteen hun-
dred sixty-six, at the expiration of the term of the present incumbent.

§ 50.1. The powers set forth in §§ 15-77.10, 15-77.13, 15-77.19,
15-77.20, 15-77.26, 15-77.31, 15-77.46, 15-77.48, 15-77.50, 15-77.54, 15-77.60,
15-77.61, 15-77.63, 15-77-64, 15-77.65, 15-77.67 and 15-77.71, the provisions
of which were enacted by chapter 623 of the Acts of Assembly of 1962 as
15.1-846, 15.1-849, 15.1-855, 15.1-856, 15.1-862, 15.1-867, 15.1-882, 15.1-
884, 15.1-886, 15.1-890, 15.1-897, 15.1-898, 15.1-900, 15.1-901, 15.1-902,
15.1-904, and 15.1-908, respectively, of Chapter 18 of Title 15.1.

2. An emergency exists, and this act is in force from its passage.