Bill Text: VA HB1682 | 2015 | Regular Session | Enrolled
Bill Title: Alexandria, City of; amending charter, changes certain powers of mayor, city council, etc.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-03-16 - Governor: Acts of Assembly Chapter text (CHAP0201) [HB1682 Detail]
Download: Virginia-2015-HB1682-Enrolled.html
Be it enacted by the General Assembly of Virginia: 1. That §§2.02, 3.01, 3.02, 3.04, 3.06:1, and 3.07, as amended, §§3.13, 3.16, and 3.17, §§5.01 and 6.03, as amended, §§7.16, 7.20, and 10.03.1, and §§11.01, 13.02, and 13.03, as amended, of Chapter 536 of the Acts of Assembly of 1950 are amended and reenacted as follows: §2.02. Financial powers. In addition to the powers granted by other sections of this charter the city shall have power: (a) To raise annually by taxes and assessments in the city such sums of money as the council shall deem necessary to pay the debts and defray the expenses of the city, in such manner as the council shall deem expedient, provided that such taxes and assessments are not prohibited by the laws of the Commonwealth. In addition to, but not as a limitation upon, this general grant of power the city shall have power: (1) To levy and collect ad valorem taxes on real estate and personal property and machinery and tools not exempt by law from taxation, or segregated to the State for exclusive taxation, all corporations located in the city or having their principal office therein and not exempt by law from taxation, all money owned by or credits due to any person living in the city and doing business therein and employed in said business though the said business may extend beyond the city; provided, that so much of said capital as is invested in real estate, or employed in the manufacture of articles outside of the city limits, shall not be taxed as capital; all stocks in incorporated joint stock companies doing business in the city and by whomsoever owned and not exempt by law from taxation; income, interest or money, dividends of banks or other corporations, provided that no capital, interest or dividend shall be taxed, when a license or other tax is imposed upon the business in which said capital is employed, or upon the principal, money, credits or stocks from which the interest, income or dividend is derived; nor shall a tax be imposed upon stocks of a corporation and upon the dividends thereon; and provided, further, that such property has not been segregated to the State for exclusive taxation. Assessments upon stocks and bonds shall be according to the market value thereof. The council may by curative ordinances, ratify and confirm assessments and levies of taxes heretofore or hereafter made, and the acts of all ministerial officers in connection therewith, and any such ordinance heretofore passed is hereby ratified and confirmed. The rate of the tax that is levied on real estate shall be fixed once each calendar year and such rate shall not thereafter be changed during the same calendar year. (2) (3) To levy and collect taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the city, which taxes may be added to and collected with the price of such admission or other charge. (4) To levy on and collect taxes from purchasers of any public utility service, which taxes may be added to and collected with the bills rendered purchasers of such service. (5) Unless prohibited by general law to require licenses for the privilege of engaging in any business, profession, occupation, or trade, prohibit the conduct of any business, profession, occupation, or trade without such a license, require taxes to be paid on such licenses in respect of all businesses, professions, occupations, and trades, and to refuse such license to any person not entitled by law thereto. (6) To require licenses of owners of vehicles of all kinds for the privilege of using the streets, alleys and other public places in the city, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the city without such licenses. In any prosecution of a violation of any ordinance requiring such licenses, proof that the motor vehicle, trailer or semitrailer was located in the city and was displaying a current license plate of any state, shall constitute in evidence a prima facie presumption that such motor vehicle, trailer or semitrailer was operated on the public streets of the city. (7) To impose penalties on persons following any business, profession, or trade in the city without the license prescribed therefor. (b) To borrow money for the purposes and in the manner provided by Chapter 7 of this charter. (c) To make appropriations, subject to the limitations imposed in Chapters 5 and 6 of this charter, for the support of the city government and any other purposes authorized by this charter and not prohibited by the laws of the Commonwealth. (d) To appropriate, without being bound by other provisions of this charter, such sums as the council may deem necessary in any one fiscal year for the purpose of meeting a public emergency threatening the lives, health or property of the inhabitants of the city, provided, that any such appropriation shall require at least a two-thirds affirmative vote of council members present and that the ordinance making such appropriation shall contain a clear statement of the nature and extent of the emergency. (e) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city government. (f) To provide, or aid in the support of, public libraries and public schools, to appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate or graduate education of Virginia students in public and nonsectarian private schools and institutions of learning in addition to those owned or exclusively controlled by the city and to make appropriations to nonsectarian schools of manual, industrial or technical training and also to any school or institution of learning owned or exclusively controlled by the city. (g) To establish a system of pensions for injured, retired or superannuated city officers and employees, subject to the limitations imposed by Chapter 8 of this charter. (h) To provide for the control and management of the fiscal affairs of the city, and prescribe and require the adoption and keeping of such books, records, accounts and systems of accounting by the departments, boards, commissions, courts or other agencies of the city government provided for by this charter or otherwise by law as may be necessary to give full and true accounts of the affairs, resources and revenues of the city and the handling, use and disposal thereof. §3.01. Composition of the council. The Council shall consist of the mayor and six members at
large elected as provided in Chapter 10 of this charter, and they shall serve
for terms of three years or until their successors shall have been elected and
take office §3.02. Compensation of the council. Members of the council and the mayor shall receive in
full compensation for their services §3.04. Powers. All powers of the city as granted in Chapter 2 of this charter and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, the council shall have power to: (a) Appoint and remove the city manager. (b) Adopt the budget of the city. (c) Authorize the issuance of bonds by a bond ordinance. (d) Inquire into the conduct of any office, department or agency of the city and make investigation as to municipal affairs. (e) Establish administrative departments, offices or agencies. (f) Appoint the members of (g) Establish advisory boards and commissions and appoint their members. (g-01) Notwithstanding any contrary provisions of law, general or special, establish by ordinance term limits for the members appointed by the council to any or all governmental or advisory boards or commissions. (h) Provide for an independent audit. (i) Provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees of the city. (j) Provide for the form of oaths and the amount and condition of surety bonds to be required of certain officers and employees of the city. §3.06:1. Administrative assistants. Notwithstanding any other provision of this charter, the §3.07. Induction of members.
§3.13. Submission of ordinances or issues to the qualified voters of the city. The Council shall have authority to submit by resolution
directed to the §3.16. Removal of council members. Any member of the council may be removed by the council but
only for malfeasance in office or neglect of duty; provided that the member of
the council sought to be removed shall have been served with a written notice
of the intention of the council to remove him, which notice shall contain a
clear statement of the grounds for such removal and shall fix the time and
place, not less than ten days after the service of such notice, at which he
shall be given opportunity to be heard thereon. After the hearing which shall
be public at the option of the council member sought to be removed and at which
he may be represented by counsel, he may be removed by a vote of six members.
It shall be the duty of the council, at the request of the council member
sought to be removed, to subpoena witnesses whose testimony would be pertinent
to the matter in hand. From the decision of the council removing one of its
members, an appeal may be had to the §3.17. Power of investigation. The council shall have power to investigate any or all of the
departments, boards, commissions, offices and agencies of the city government,
and any officer or employee of the city. The council, in an investigation or
hearing held by it, may order the attendance of any person as a witness and the
production by any person of all relevant books and papers. Council shall have
the power to apply to the judge of the §5.01. Department of finance. There shall be a Department of Finance, which shall include
the functions of §6.03. Preparation of budgets. It shall be the duty of the head of each department, the
judges of all courts, each board or commission, including the school board, and
each other office or agency supported in whole or in part by the city, including
the Sheriff, the Attorney for the Commonwealth, and clerks of courts to file
with the City Manager or with §7.16. Contents of bond ordinance for revenue producing utilities. In addition to the requirements of §7.06 of this chapter, the ordinance authorizing the issuance of any bonds for any revenue producing utility shall state either: (a) That the bonds shall be payable from the ad valorem taxes
without limitation of rate or amount; the full faith and credit of the city is
deemed to be pledged for the payment of principal and interest thereof; and the
bonds are to be issued pursuant to the provisions of (b) That the principal and interest of such bonds shall be
payable exclusively from the revenue of such revenue producing utility, the
faith and credit of the City of Alexandria shall not be deemed to be pledged
for the payment of such principal and interest; and the bonds are to be issued
pursuant to the provisions of §7.20. Borrowing in anticipation of property taxes. In any budget year, in anticipation of the collection of the
property tax for such year, whether levied or to be levied in such year, the
council may by resolution authorize the borrowing of money by the issuance of
negotiable notes of the city, each of which shall be designated "tax
anticipation note for the year §10.03.1. Voter registration offices. It shall be the duty of the general registrar of the city to
maintain and the City to provide and furnish, in the city hall, or other §11.01. City attorney.
§13.02. Eminent domain. The city is hereby authorized to acquire by condemnation proceedings lands, buildings, structures and personal property or any interest, right, easement or estate therein of any person or corporation, whenever in the opinion of the council a public necessity exists therefor, which shall be expressed in the resolution or ordinance directing such acquisition, and whenever the city cannot agree on terms of purchase or settlement with the owners of the subject of such acquisition because of the incapacity of such owner, or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because the owner or some one of the owners is a nonresident of the State or cannot with reasonable diligence be found in the State or is unknown. Such proceedings may be instituted in the circuit court of the
city, if the subject to be acquired is located within the city, or, if it is
not located within the city, in the circuit court of the county in which it is
located. If the subject is situated partly within the city and partly within
any county the circuit court of such county shall have concurrent jurisdiction
in such condemnation proceedings with the courts of the city hereinbefore
enumerated. The judge or the court exercising such concurrent jurisdiction
shall appoint five disinterested freeholders, any or all of whom reside either
in the county or city, any three of whom may act as commissioners, as provided
by law, provided, however, that the provisions of § §13.03. Alternative procedures in condemnation. The city may, in exercising the right of eminent domain
conferred by the preceding section, make use of the procedure prescribed by the
general law as modified by said section or may elect to proceed as hereinafter
provided. In either event the date of valuation shall be the time of the lawful
taking by the petitioner, or the date of the filing of the petition in
condemnation, whichever occurs first. The resolution or ordinance directing the
acquisition of any property as set forth in the preceding section, shall
provide therein in a lump sum the total funds necessary to compensate the
owners thereof for such property to be acquired or damaged. Upon the adoption
of such resolution or ordinance the city may file a petition in the clerk's
office of a court enumerated in the preceding section, having jurisdiction of
the subject, which shall be signed by the city manager and set forth the
interest or estate to be taken in the property and the uses and purposes for
which the property or the interest or estate therein is wanted, or when
property is not to be taken but is likely to be damaged, the necessity for the
work or improvement which will cause or is likely to cause such damage. There
shall also be filed with the petition a plat of a survey of the property with a
profile showing cuts and fills, trestles and bridges, or other contemplated
structures if any, and a description of the property which, or an interest or
estate in which, is sought to be taken or likely to be damaged and a memorandum
showing names and residences of the owners of the property, if known, and
showing also the quantity or property which, or an interest or estate in which,
is sought to be taken or which will be or is likely to be damaged. There shall
be filed also with said petition a notice directed to the owners of the
property, if known, copies of which shall be served on such owners or tenants
of the freehold of such property, if known. If the owner or tenant of the
freehold be unknown or a nonresident of the State or cannot with reasonable
diligence be found in the State, or if the residence of the owner or tenant be
unknown, he may be proceeded against by order of publication which order,
however, need not be published more than once a week for two successive weeks
and shall be posted at a main entrance to the courthouse. The publication shall
in all other respects conform to §§ Upon the filing of said petition and the deposit of the funds provided by the council for the purpose in a bank to the credit of the court in such proceedings and the filing of a certificate of deposit therefor the interest or estate of the owner of such property shall terminate and the title to such property or the interest or estate to be taken in such property shall be vested absolutely in the city and such owner shall have such interest or estate in the funds so deposited as he had in the property taken or damaged and all liens by deed of trust, judgment or otherwise upon said property or estate shall be transferred to such funds and the city shall have the right to enter upon and take possession of such property for its uses and purposes and to construct its works or improvements. The clerk of the court in which such proceedings are instituted shall make and certify a copy of the petition, exhibits filed therewith, and orders, and deliver or transmit the same to the clerk of the court in which deeds are admitted to record, who shall record the same in his deed book and index them in the name of the person or persons who had the property before and in the name of the city, for which he shall receive the same fees prescribed for recording a deed, which shall be paid by the city. If the city and the owner of the property so taken or damaged agreed upon compensation therefor, upon filing such agreement in writing in the clerk's office of such court the court or judge thereof in vacation shall make such distribution of such funds as to it may seem right, having due regard to the interest of all persons therein whether such interest be vested, contingent or otherwise, and to enable the court or judge to make a proper distribution of such money it may in its discretion direct inquiries to be taken by a special commissioner in order to ascertain what persons are entitled to such funds and in what proportions and may direct what notice shall be given of the making of such inquiries by such special commissioner. If the city and the owner cannot agree upon the compensation
for the property taken or damaged, if any, upon the filing of a memorandum in
the clerk's office of said court to that effect, signed by either the city or
the owner, the court shall appoint commissioners provided for in § 2. That Chapter 14 (§§14.01 through 14.05) of Chapter 536 of the Acts of Assembly of 1950 are repealed. |