CHAPTER 189

An Act to amend and reenact § 15.1-73 of the Code of Virginia, relating
to interests of city or town officials in contracts with, or claims against
the city or town, and to repeal § 15-508 of the Code of Virginia, relat-
ing to the same subject.

[fH 374]

Approved March 5, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-73 of the Code of Virginia be amended and reenacted
as follows:

§ 15.1-73. No member of the council, board of aldermen or member
of the school board, or any other officer, or agent, or any commissioner
appointed for the opening of streets, or any other member of a committee
constituted or appointed for the management, regulation or control of
corporate property of any city or town, or constable, policeman, commis-
sioner of the revenue, treasurer, attorney for the Commonwealth, clerk of
the court, civil or police justice, sheriff, sergeant, superintendent of the
poor or any other paid officer of any city or town, during the term for
which they are elected or appointed, shall be a contractor or subcontractor,
with the corporation, or its agents, or with such committee, nor shall they
be interested, directly or indirectly, in any contract, subcontract, or job
of work, or materials, or the profits or contract price thereof, or any
services to be performed for the city, or town, for pay under any contract
or subcontract; and no such councilman, officer or employee shall be inter-
ested, directly or indirectly in any contract, subcontract, or job of work,
or materials or the profits or the contract price thereof, or services to be
furnished or performed for the city or town for pay under any contract or
subcontract; nor as agent for such contractor or subcontractor, or other
person furnishing any supplies or materials. Every such contract or sub-
contract shall be void, and the officer, councilman, agent, or member of
such committee making such contract shall forfeit to the Commonwealth
the full amount stipulated for thereby.
Neither any officer or employee enumerated in the first paragraph
of this section, nor his partner, agent, servant or employee of the firm of
which he is a member, shall purchase from or sell to the city or town any
real property unless the purchase or sale and the terms thereof are ap-
proved in advance (1) by unanimous vote of all the members of the govern-
ing body of the city or town, the names of the members so approving to
be spread on the minutes of the governing body, and (2) by the judge of
the circuit or corporation court of the county or city, as the case may be.

No officer of a city or town, who alone or with others is charged with
the duty of auditing, settling or providing, by levy or otherwise, for the
payment of claims against such city or town, shall, by contract, directly
or indirectly, become the owner of or interested in any claim against such
city or town. Every such contract or subcontract shall be void, and if any
such claim be paid, the amount paid, with interest, may be recovered back
by the city or town, within two years after payment, by action or motion in
the circuit or corporation court having jurisdiction over such city or town.

The term “contract” as used in this section shall not be held to include
the depositing of city or town funds in, or the borrowing of funds from
or the serving as agent or trustee for the city by, * banks in which council-
men, members of the school board or other officer of the city or town may
be director, * officer or employee or have a stock interest; nor shall it in-
clude the granting of franchises to or purchase of services from public
service corporations.

This section shall not prevent any employee, officer, stockholder, or
director of a bank which has a contract with a city from serving as a
member of the council or as a member of * the school board of such city,
or as a member of any board, commission or committee to which such
person is appointed by the council of such city, nor shall this section affect
the validity of any such contract, provisions in the charter of any such city
to the contrary notwithstanding.

This section shall not apply to attorneys for the Commonwealth em-
ployed by the governing bodies of cities under the provisions of §§ 58-762,
58-1016 or 58-1102 to collect taxes which are a lien on real estate.

2. § 15-508 of the Code of Virginia is repealed.

3. An emergency exists and this act is in force from its passage, not-
withstanding any provision of Chapter 623, Acts of Assembly, 1962, to the
contrary.