Bill Text: VA HB331 | 2024 | Regular Session | Prefiled
Bill Title: Richmond, City of; amending charter, extensive updates, removing outdated provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-02 - Continued to 2025 in Counties, Cities and Towns by voice vote [HB331 Detail]
Download: Virginia-2024-HB331-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.01, §§2.02, 2.04, 2.05, 3.01, 3.04, 3.04.1, 4.01, 4.03, 4.06, 4.07, 4.09, 4.10, 4.13, 4.15, 4.16, 4.17, 5.01.1, 5.04, 5A.03, 5B.01, 6.01, 6.02, 6.05, 6.10, 6.12, 6.16, 6.19, 6.20, and 13.02, as severally amended, §17.01, and §§17.20, 18.02, and 18.03, as severally amended, of Chapter 116 of the Acts of Assembly of 1948 are amended and reenacted and that Chapter 116 of the Acts of Assembly of 1948 is amended by adding a section numbered 2.09 as follows:
§2.01. General grant of powers.
The city shall have and may exercise all of the powers which are now or may hereafter
be conferred upon or delegated to cities under the Constitution and laws of the
Commonwealth and all other powers pertinent to the conduct of a city government
the exercise of which is not expressly prohibited by the said Constitution and
laws and which in the opinion of the council are necessary or desirable to
promote the general welfare of the city and the safety, health, peace, good
order, comfort, convenience and morals of its inhabitants, as fully and
completely as though such powers were specifically enumerated in this charter,
and no enumeration of particular powers in this charter shall be held to be
exclusive but shall be held to be in addition to this general grant of powers. set forth in §§15.2-1100 through 15.2-1133 of the
Code of Virginia as in force January 1, 2024, and as hereafter amended. Such
powers are hereby conferred upon and vested in the city, for the conduct of
city government and to promote the general welfare of the city and its
residents. In addition thereto, the city shall have and may exercise all other
powers that are now or may hereafter be
conferred upon or delegated to independent cities under the Constitution or the
laws of the Commonwealth, as fully and completely as though such powers were
specifically enumerated in this charter, and no enumerations of particular
powers in this charter shall be held to be exclusive but shall be held to be in
addition to this general grant of powers.
§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, when not prohibited by the laws of the Commonwealth, have power to levy and collect ad valorem taxes on real estate and tangible personal property and machinery and tools, 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; to levy on and collect taxes from purchasers of any public utility service and from subscribers to franchised cable antenna television service used within the city, which taxes may be added to and collected with the bills rendered purchasers of such service; to require licenses, prohibit the conduct of any business or profession without such a license, require taxes to be paid on such licenses in respect of all businesses and professions which cannot, in the opinion of the council, be reached by the ad valorem system; and 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; provided, however, that nothing herein contained shall be construed as permitting the city to levy and collect directly or indirectly a tax on payrolls.
(b) To borrow
money for the purposes and in the manner provided by Chapter 7B of this
charter.
(c) To make appropriations,
subject to the limitations imposed by this charter, for the support of the city
government, and any other purposes not prohibited by this charter and the laws
of the Commonwealth.
(d) To
appropriate, without being bound by other provisions of this charter, funds 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 seven affirmative votes in the council 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.
(g) (c) To
grant financial aid to military units organized
in the city in accordance with the laws of the Commonwealth, and
to charitable or benevolent institutions and corporations, including those
established for scientific, literary or musical purposes or the encouragement
of agriculture and the mechanical arts, whose functions further the public
purposes of the city.
(h) (d) To establish a system of
pensions for injured, retired or superannuated city officers and employees,
members of the police and fire departments, teachers and other employees of the
school board, judges, clerks, deputy clerks, bailiffs and other employees of
the municipal courts, and to establish a fund or funds for the payment of such
pensions by making appropriations out of the treasury of the city, by levying a
special tax for the benefit of such fund or funds, by requiring contributions
payable from time to time from such officers or employees, or by any
combination of these methods or by any other method not prohibited by law,
provided that the total annual payments into such fund or funds shall be
sufficient on sound actuarial principles to provide for the pensions to be paid
therefrom; and provided further, that the benefits accrued or accruing to any
person under such system shall not be subject to execution, levy, attachment,
garnishment or any other process whatsoever nor shall any assignment of such
benefits be enforceable in any court.
(i) (e) 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.
§2.04. Power to make regulations for the preservation of the safety, health, peace, good order, comfort, convenience, morals and welfare of the city and its inhabitants.
In addition to the powers granted by other sections of this charter, the city shall have power to adopt ordinances, not in conflict with this charter or prohibited by the general laws of the Commonwealth, for the preservation of the safety, health, peace, good order, comfort, convenience, morals and welfare of its inhabitants, and among such powers, but not in limitation thereof, the city shall have power:
(a) To provide for the prevention of vice, immorality, vagrancy and drunkenness; prevention and quelling of riots, disturbances and disorderly assemblages; suppression of houses of ill fame and gambling places; prevention of lewd and disorderly conduct or exhibitions; and prevention of conduct in the streets dangerous to the public.
(b) To regulate
the construction, maintenance and repair of buildings and other structures and the
plumbing, electrical, heating, elevator, escalator, boiler, unfired pressure
vessel, and air conditioning installations therein, for the purpose of
preventing fire and other dangers to life and health.
(c) To
provide for the protection of the city's property, real and personal, and
prevention of the pollution of the city's water supply, and the regulation of
use of parks, playgrounds, playfields, recreational facilities, landings,
docks, wharves, canals, airports and other public property, whether located
within or without the city. For the purpose of enforcing such regulations all
city property wherever located shall be under the police jurisdiction of the
city. Any member of the police force of the city or employee thereof appointed
as a special policeman shall have power to make arrests for violation of any
ordinance, rule or regulation adopted pursuant to this section and the district
court, criminal division, shall have jurisdiction in all cases arising
thereunder within the city and the district court of the county wherein the
offense occurs shall have jurisdiction of all cases arising thereunder without
the city.
(d) (c) To grant or authorize the
issuance of permits under such terms and conditions as the council may impose
for the use of streets, alleys and other public places of the city by
railroads, street railways, buses, taxicabs and other vehicles for hire;
prescribe the location in, under or over, and grant permits for the use of,
streets, alleys and other public places for the maintenance and operation of
tracks, poles, wires, cables, pipes, conduits, bridges, subways, vaults, areas
and cellars; require tracks, poles, wires, cables, pipes, conduits and bridges
to be altered, removed or relocated either permanently or temporarily; charge
and collect compensation for the privileges so granted; and prohibit such use
of the streets, alleys and other public places of the city, and no such use
shall be made of the streets, alleys, or other public places of the city
without the consent of the council.
(e) To prevent any obstruction
of or encroachment over, under or in any street, alley, sidewalk or other
public place; provide penalties for maintaining any such obstruction or
encroachment; remove the same and charge the cost thereof to the owner or owners,
occupant or occupants of the property so obstructing or encroaching, and
collect the sum charged in any manner provided by law for the collection of
taxes; require the owner or owners or the occupant or occupants of the property
so obstructing or encroaching to remove the same; pending such removal charge
the owner or owners of the property so obstructing or encroaching compensation
for the use of such portion of the street, alley, sidewalk or other public
place obstructed or encroached upon the equivalent of what would be the tax
upon the land so occupied if it were owned by the owner or owners of the
property so obstructing or encroaching, and, if such removal shall not be made
within the time ordered, impose penalties for each and every day that such obstruction
or encroachment is allowed to continue thereafter; authorize encroachments upon
streets, alleys, sidewalks or other public places, subject to such terms and
conditions as the council may prescribe, but such authorization shall not
relieve the owner or owners, occupant or occupants of the property encroaching,
of any liability for negligence on account of such encroachment; and recover
possession of any street, alley, sidewalk or other public place or any other
property of the city by suit or action in ejectment.
(f) To prescribe the route and
grade of any railroad laid in the city, regulate the operation of locomotives
and cars, and exclude such locomotives and cars from the city; provided, no
contract between the city and the corporation operating such locomotives or
cars is violated by such action.
(g) To regulate the operation
of motor vehicles and exercise control over traffic in the streets of the city
and provide penalties for the violation of such regulations; provided, that
ordinances or administrative regulations adopted by virtue of this subsection
shall not be inconsistent with the provisions of the Motor Vehicle Code of
Virginia. All fines imposed for the violation of such ordinances and
regulations shall be paid into the city treasury.
(h) To regulate, in the
interest of public health, the production, preparation, distribution, sale and
possession of milk, other beverages and foods for human consumption, and the
places in which they are produced, prepared, distributed, sold, served or stored;
regulate the construction, installation, maintenance and condition of all water
and sewer pipes, connections, toilets, water closets and plumbing fixtures of
all kinds; regulate the construction and use of septic tanks and dry closets,
where sewers are not available, and the sanitation of swimming pools and lakes;
provide for the removal of night soil, and charge and collect compensation for
the removal thereof; compel the use of sewers, the connection of abutting
premises therewith, and the installation in such premises of suitable sanitary
facilities; regulate or prohibit connections to and use of sewers; provide for
the quarantine of any person afflicted with a contagious or infectious disease,
and for the removal of such person to a hospital or ward specially designated
for contagious or infectious diseases; inspect and prescribe reasonable rules
and regulations, in the interest of public health, with respect to private
hospitals, sanatoria, convalescent homes, clinics and other private institutions,
homes and facilities for the care of the sick, of children, the aged and the
destitute; and make and enforce all regulations necessary to preserve and
promote public health and sanitation and protect the inhabitants of the city
from contagious, infectious or other diseases.
(i) To regulate cemeteries and
burials therein, prescribe the records to be kept by the owners of such
cemeteries, and prohibit all burials except in a public burying ground.
(j) (d) To regulate or prohibit the
exercise of any dangerous, offensive or unhealthful business, trade or
employment, and the transportation of any offensive or dangerous substance.
(k) To regulate the light,
ventilation, sanitation and use of occupancy of buildings heretofore or
hereafter constructed, altered, remodeled or improved, and the sanitation of
the premises surrounding the same.
(l) To regulate the emission
of smoke or the construction, installation, operation and maintenance of fuel
burning equipment, internal combustion engines or any other equipment or source
of air pollution.
(m) To compel the removal of
weeds from private and public property and snow from sidewalks; the covering or
removal of offensive, unwholesome, unsanitary or unhealthy substances allowed
to accumulate in or on any place or premises; the filling in to the street
level of the portion of any lot adjacent to a street where the difference in
level between the lot and the street constitutes a danger to life and limb; the
raising or draining of grounds subject to be covered by stagnant water; the
razing or repair of all unsafe, dangerous or unsanitary public or private
buildings, walls or structures which constitute a menace to the health and
safety of the occupants thereof or the public; and to compel the abatement or
removal of any and all other nuisances whatsoever including the removal of
inoperative or unlicensed motor vehicles or parts thereof from public or
private property. If after such reasonable notice as the council may prescribe
by ordinance the owner or owners, occupant or occupants of the property or
premises affected by the provisions of this subsection shall fail to abate or
obviate the condition or nuisance, the city may do so and charge and collect
the cost thereof from the owner or owners, occupant or occupants of the property
affected in any manner provided by law for the collection of taxes.
(n) To regulate or prohibit
the manufacture, storage, transportation, possession and use of explosive or
inflammable substances and the use and exhibition of fireworks and discharge of
firearms.
(o) (e) To regulate or prohibit the
making of fires in the streets, alleys and other public places in the city and
to regulate the making of fires on private property.
(p) (f) To regulate or prohibit the
running at large and the keeping of animals and fowl and provide for the
impounding and confiscation of any such animal or fowl found at large or kept
in violation of such regulations.
(q) To prevent cruelty to and
abuse of animals.
(r) To regulate the sale of
goods, wares or merchandise at auction; regulate the conduct of and prescribe
the number of pawnshops and dealers in secondhand goods, wares and merchandise;
regulate or prohibit the peddling or hawking of any article for sale on the
streets of the city; prevent fraud or deceit in the sale of goods, wares and
merchandise; require the weighing, measuring, gauging and inspection of goods,
wares and merchandise offered for sale; require weights and measures to be
sealed and subject to inspection; and provide for the appointment of a sealer and
one or more weightmasters who shall perform such duties and functions as may be
prescribed by ordinance.
§2.05. Miscellaneous powers.
The city shall also have power:
(a) To establish, maintain and operate public employment bureaus, public markets and public baths.
(b) To establish, maintain and
operate, within and without the city, public hospitals, sanatoria, convalescent
homes, clinics and other public institutions, homes and facilities for the care
of the sick, of children, the aged and the destitute.
(c) To provide care for the
poor and have all the powers and duties conferred and imposed on cities by the
laws of the Commonwealth relating to public assistance.
(d) To establish, own,
maintain and operate, within and without the city, cemeteries for the interment
of the dead, fix the price at which graves and lots therein shall be sold, make
contracts for their perpetual care and establish the rates to be charged for
the digging of graves, construction of vaults and other services.
(e) To
establish, maintain and operate, within or without the city, a jail for the
confinement of prisoners, ordered or sentenced to be confined therein, and a
jail farm; and compel able-bodied prisoners confined in the jail to work on
such farm, with the approval of the Circuit Court of the City of Richmond. Any
lockup physically located within the City of Richmond, whether in the Safety,
Health and Welfare Building of the City of Richmond or elsewhere shall be
deemed a part of and included within the city jail facility for the purposes of
supervision, administration, staffing and all other aspects germane to the
operation of the city jail.
(f) (c) To acquire in the manner
provided in Chapter 18 of this charter, areas, properties, lands or any estate
or interest therein located within the city's old and historic districts which that,
in the opinion of the council, should be acquired, preserved and maintained for
use, observation, education, pleasure and welfare of the people, or to preserve
the character of the old and historic district in which such property is
located; provide for their renovation, preservation, maintenance, management
and control as places of old and historic interest by the department of the
city government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of compensation for
the use thereof or admission thereto; lease or sell to a §
501(c)(3) organization, subject to such regulations as may be established by
ordinance, any such area, property, lands or estate or interest therein so
acquired upon the condition that the old and historic character of the area,
property or lands shall be restored and preserved and maintained; or to enter
into contracts with any person, firm or corporation for the management,
preservation, maintenance or operation of any such area, property, lands or
estate or interest therein so acquired as a place of old and historic interest,
provided, the city shall not use the right of condemnation under this paragraph
unless the historic value of such area, property, lands or estate or interest
therein are about to be destroyed, including destruction through lack of
maintenance.
(g) To establish and collect
such fees, including a charge for expenses incurred in auditing reports,
accounts, and any records of organizations operating bingo games and raffles
under the permissive provisions of §18.2-335 of the Code of Virginia and
admitting to record the annual report of such organization, as may be
determined by the council to be reasonable for the rendering of special
services.
§2.09. Powers relating to housing and community development.
(a) In addition to the powers granted by other sections of this charter and any other provision of the general laws of the Commonwealth, the city shall have the power:
(1) To make grants and loans of funds to low-income or moderate-income persons to aid in the purchase of any land, building, dwelling, or dwelling unit in the city; and to offer real estate tax deferral to low-income or moderate-income persons who own any land, building, dwelling, or dwelling unit within the city. The city shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this subsection; and
(2) To make grants of funds to owners of dwellings or dwelling units in the city for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low-income or moderate-income person.
(b) For purposes of this section, the phrase "low-income or moderate-income persons" shall have the same meaning as the phrase "persons and families of low and moderate income" as that phrase is used in the Virginia Housing Development Authority Act (§ 36-55.24 et seq. of the Code of Virginia) and shall be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single-family mortgage loan program.
(c) In addition to being able to exercise the above-mentioned powers with city funds, the city is authorized to participate in any state or federal program related thereto and to use state, federal, or private funds in the exercise of such powers.
(d) The expenditure of any public funds as authorized in this section is hereby declared to be in furtherance of a public purpose.
§3.01. Election of councilmen; nomination of candidates.
A. At the time of the November general election in 2004, and every second year thereafter, there shall be held a general city election at which shall be elected by the qualified voters of the city one member of council from each of the nine election districts in the city, the voters residing in each such district to elect one member for said district for terms of two years from the first day of January following their election. However, beginning with the elections to be held in 2008, and subject to approval by referendum as called for by this act, council members shall be elected for a term of four years.
B. No primary election shall be held for the nomination of
candidates for the office of councilman council member, and candidates
shall be nominated only by petition.
C. Each council member elected in accordance with this section shall reside in the election district from which such member was elected throughout the member's term on the council.
§3.04. Vacancies in office of councilman council member or mayor.
A. Vacancies in the office of councilman council member, from whatever cause
arising, shall be filled in accordance with general law applicable to interim
appointments and special elections, provided that, any provision in the general
law to the contrary notwithstanding, a special election may be called to fill
any such vacancy if the vacancy occurs more than one year prior to the
expiration of the full term of the office to be filled.
B. A vacancy in the office of mayor shall be filled by special election conducted according to the rules herein provided for the general election and held within 60 days, but no sooner than 30 days, from the date of the vacancy. Any runoff, should one be necessary, shall be held on the first Tuesday after the fifth day following the date that voting machines used in the special election may be unsealed pursuant to §24.2-659 of the Code of Virginia or the third Tuesday following the special election, whichever is later. However, if the date by which either the special election or possible runoff election for the office of mayor must be conducted should fall within 60 days prior to a primary election or general election, then the special or runoff election shall be held on the same day as the primary or general election, if allowed by general law, or, if not allowed by general law, then the special election shall be held on the first Tuesday after the fifth day following the date that voting machines used in the primary or general election may be unsealed pursuant to §24.2-659 of the Code of Virginia. Any runoff that may be necessary shall be held on the first Tuesday after the fifth day following the date that the voting machines used in the special election may be unsealed pursuant to §24.2-659 of the Code of Virginia or the third Tuesday following the special election, whichever is later. The president of the council shall serve as acting mayor until a successor is elected.
C. The procedures and deadlines for voter registration, applying for an absentee ballot, and casting an absentee ballot for any runoff election as may be necessary after a special election for mayor shall be as provided in Chapters 4 (§24.2-400 et seq.), 4.1 (§24.2-451 et seq.), and 7 (§ 24.2-700 et seq.) of Title 24.2 of the Code of Virginia for general elections.
§3.04.1. Removal of council member or mayor and forfeiture of office.
A. In addition to being subject to the procedure set forth in §24.2-233 of the Code of Virginia, any member of the council may be removed by the council for malfeasance in office or neglect of duty or for a failure to comply with the residency requirement set forth in §3.01. The member shall be entitled to notice and hearing. It shall be the duty of the council, at the request of the person sought to be removed, to subpoena witnesses whose testimony would be pertinent to the matter in hand. From the decision of the council an appeal shall lie to the Circuit Court of the City of Richmond, Division I.
B. The mayor may be removed following the procedure set forth in §24.2-233 of the Code of Virginia applicable to constitutional officers; provided, however, that the petition must be signed by a number of registered voters in each council district equal to at least 10 percent of the total number of votes cast in the last general election for mayor in each respective council district.
C. The mayor or any member of council who shall be convicted
by a final judgment of any court from which no appeal has been taken or which
has been affirmed by a court of last resort on a charge involving moral
turpitude, or any felony, or any misdemeanor involving possession of
marijuana or any controlled substances, shall forfeit his/her office.
§4.01. Composition; compensation; appointment of members to office of profit.
The council shall consist of nine members elected as provided
in Chapter 3. Compensation of members of council shall be fixed in accordance
with and within the limits prescribed in general
laws of the Commonwealth for pay and expenses of councils and mayors of cities
of the Commonwealth for the regular meetings of
the council for which such members are engaged in the duties of the council.
The council, by resolution, may also grant annually to its members additional
compensation for standing committees or other meetings of the council for which
such members are engaged in the duties of the council. The council may, by
resolution, fix annually an additional sum to be paid to the president and the
vice-president of the council, notwithstanding the maximum salary limits
imposed by the general laws of the Commonwealth. The
members of the council, subject to the approval of the council, may also be
allowed their reasonable actual expenses incurred in representing the city. No
member of the council shall during the term of which he was elected and one
year thereafter be appointed to any office of profit under the government of
the city.
§4.03. President of the council.
At the time of the council's
January organizational meeting, the council shall elect from among its members
a president of the council to preside at council meetings for a one-year term;
however, beginning January 1, 2007, the The president of the council shall serve a
two-year term. Should a vacancy occur in the office of mayor, the president of
the council will become acting mayor until a successor is elected to fill out
the remainder of the unexpired term in accordance with §3.04. An acting mayor
shall have the same powers and responsibilities as the elected mayor. In
addition, notwithstanding the provisions of §3.01.1, any acting mayor shall
retain his or her city council position, including the right to vote.
§4.06. Rules of procedure.
The council shall have power, subject to the provisions of
this charter, to adopt its own rules of procedure. Such rules shall provide for
the time and place of holding regular meetings of the council which shall be
not less frequently than once in each month; however, the council shall not be
required to hold a regular meeting in the month of August. They shall also
provide for the calling of special meetings by the mayor or any three members
of the council,
and shall prescribe the method of giving notice thereof, provided that the
notice of each special meeting shall contain a statement of the specific item
or items of business to be transacted and no other business shall be transacted
at such meeting except by the unanimous consent of all the members of the
council.
The council's rules of procedure are designed and adopted for the benefit and convenience of the council. The purpose of such rules of procedure is to help the council conduct its affairs in a timely and efficient manner. The rules of procedure incorporate the general principles of parliamentary procedure found in Robert's Rules of Order and applicable laws of the Commonwealth. The rules of procedure do not create substantive rights for third parties or participants in proceedings before the council. Further, the council reserves the right to suspend or amend the rules of procedure whenever a majority of the council decides to do so. The failure of the council to strictly comply with its rules of procedure shall not invalidate any action of the council.
§4.07. Voting.
No ordinance, resolution, motion or vote shall be adopted by the council except at a meeting open to the public and, except motions to adjourn, to fix the time and place of adjournment, and other motions of a purely procedural nature, unless it shall have received the affirmative votes of at least five members. All voting except on procedural motions shall be by roll call or by electronic means and the ayes and noes shall be recorded in the journal.
§4.09. Ordinances; form.
Every ordinance except the annual appropriation ordinances and
an ordinance codifying ordinances shall be confined to a single subject which that
shall be clearly expressed in its title. All ordinances shall be
introduced in typewritten or printed form or a combination of both. Ordinances introduced to the council may be made
available by electronic means, provided that one or more printed copies of each
ordinance shall be furnished to the City Clerk for public inspection. All ordinances which that repeal or amend existing
ordinances shall set forth in full the section or subsection to be repealed or
amended and, if it is to be amended, shall indicate matter to be omitted by enclosing
the same in brackets, striking through the matter to be omitted, or by both
such brackets and striking through and indicating new matter by underscoring.
When printed or published prior to
enactment, the same indications of
omitted and new matter shall be used except that strikeout type may be
substituted for brackets and italics for underscoring. The enacting clause of
all ordinances shall be: "The City of Richmond hereby ordains."
Unless another date is specified therein and except as otherwise provided in
this charter an ordinance shall take effect on the tenth day following its
passage.
§4.10. Procedure for passing ordinances.
An ordinance may be introduced by any member or committee of the council or by the mayor at any regular meeting of the council or at any special meeting. Upon introduction a time, not less than seven days after such introduction, and place shall be set at which the council or a committee thereof will hold a public hearing on such ordinance, provided that the council may reject any ordinance on first reading without a hearing thereon by vote of six members. The hearing may be held separately or in connection with a regular or special meeting of the council and may be adjourned from time to time. It shall be the duty of the city clerk to cause to be printed in a newspaper published or in general circulation in the city, not later than the fifth day before the public hearing on the proposed ordinance, a notice containing the time and place of the hearing and the title of the proposed ordinance. It shall also be his/her duty, not later than the fifth day before the public hearing, to cause its full text to be printed or otherwise reproduced, as the council may by resolution direct, in sufficient numbers to supply copies to those who individually request them, or, if the council shall so order, to cause the same to be printed as a paid advertisement in a newspaper published or in general circulation in the city. It shall further be his/her duty to place a copy of the ordinance, printed or in electronic format, in a file provided each member of the council for this purpose. A proposed ordinance, unless it is an emergency ordinance, shall be finally passed at a meeting of the council following the introduction of the ordinance and after the conclusion of the public hearing thereon. If an ordinance, other than an emergency ordinance, is amended as to its substance, it shall not be passed until it shall be reprinted, reproduced or published as amended, and a hearing shall be set and advertised and all proceedings had as in the case of a newly introduced ordinance.
§4.13. Record and publication of ordinances.
Every ordinance after passage shall be given a serial number and shall be retained by the clerk in a permanent file kept for that purpose and the clerk shall maintain a permanent card or similar index. Within one year after the first Tuesday in September 1948 there shall be prepared under the direction of the city attorney, who is hereby authorized to employ such assistance as he/she deems necessary for the purpose, a codification of all ordinances in force. Such codification shall be passed by the council as a single ordinance and without prior publication. Upon its passage it shall be published in bound or loose-leaf form, or by electronic means. This codification, to be known and cited officially as the city code, shall be furnished to city officers and shall be sold to the public at a price to be fixed by the council. A similar codification shall be prepared, passed, published and distributed, as above provided, at least every five years. It shall be the duty of the city clerk to cause all ordinances adopted to be printed as promptly as possible after their adoption in substantially the same style and format as the codification of ordinances and sold at such prices as the council may establish.
§4.15. Removal of members of boards and commissions; forfeiture of office or employment for certain convictions.
A. Any member of a board or commission appointed by the council for a specified term may be removed by the council but only for malfeasance in office or neglect of duty. He/she shall be entitled to notice and hearing. It shall be the duty of the council, at the request of the person sought to be removed, to subpoena witnesses whose testimony would be pertinent to the matter in hand. From the decision of the council an appeal shall lie to the Circuit Court of the City of Richmond, Division I.
B. Any officer, appointee of the council or employee of the
city who shall be convicted by a final judgment of any court from which no
appeal has been taken or which that has been affirmed by a
court of last resort on a charge involving moral turpitude or any
felony or any misdemeanor involving possession of marijuana or any controlled
substances shall forfeit his/her office or employment.
§4.16. Powers of investigation.
(a) The council, or any committee of members of the council when authorized by the council, shall have power to make such investigations relating to the municipal affairs of the city as it may deem necessary, and shall have power to investigate any or all departments, boards, commissions, offices and agencies of the city government and any officer or employee of the city, concerning the performance of their duties and functions and use of property of the city. The council shall have all investigative powers conferred upon governing bodies by the general laws of the Commonwealth, in addition to those enumerated in this charter.
(b) The mayor, the chief administrative officer, the heads of all departments, all boards and commissions whose members are appointed by the council, the city auditor, and the inspector general shall have power to make such investigations in connection with the performance of their duties and functions as they may deem necessary, and shall have power to investigate any officer or employee appointed by them or pursuant to their authority concerning the performance of duty and use of property of the city.
(c) The council, or any committee of members of the council when authorized by the council, the mayor, the chief administrative officer, the heads of departments, boards and commissions whose members are appointed by the council, the city auditor, and the inspector general, in an investigation held by any of them, may order the attendance of any person as a witness and the production by any person of all relevant books and papers. Any person, having been ordered to attend, or to produce such books and papers, who refuses or fails to obey such order, or who having attended, refuses or fails to answer any question relevant or pertinent to the matter under investigation shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $100 or imprisonment in jail not exceeding 30 days, either or both. Every such person shall have the right of appeal to the Circuit Court of the City of Richmond, Division I. The investigating authority shall cause every person who violates the provisions of this section to be summoned before the general district court criminal division for trial. Witnesses shall be sworn by the person presiding at such investigation, and they shall be liable to prosecution or suit for damages for perjury for any false testimony given at such investigation.
§4.17. City attorney.
The city attorney shall be the chief legal advisor of the
council, the mayor, the chief administrative officer and all departments,
boards, commissions and agencies of the city in all matters affecting the
interests of the city. The city attorney shall perform particular duties and
functions as assigned by the council. The city attorney shall be appointed by
the council, shall serve at its pleasure, and shall devote full time and
attention to the representation of the city and the protection of its legal
interests. The city attorney shall have the power to appoint and remove
assistants or any other employees as shall be authorized by the council and to
authorize any assistant or special counsel to perform any of the duties imposed
upon him the city
attorney in this charter or under general law. The city
attorney may represent personally or through one of his the city attorney's assistants
any number of city officials, departments, commissions, boards, or agencies
that are parties to the same transaction or that are parties in the same civil
or administrative proceeding and may represent multiple interests within the
same department, commission, board, or agency. In matters where the city
attorney determines that he the city attorney is unable to
render legal services to the mayor, chief administrative officer, or city
departments or agencies under the supervision of the chief administrative
officer due to a conflict of interests, the mayor, after receiving notice of
such conflict, may employ special counsel to render such legal services as may
be necessary for such matter.
§5.01.1. Chief administrative officer.
The mayor shall appoint a chief administrative officer, subject to the advice and consent of a majority of the members of city council, who shall be chosen solely on the basis of his/her executive and administrative qualifications, with special reference to his/her actual experience in or knowledge of accepted practice with respect to the duties of his/her office. At the time of his/her appointment, the chief administrative officer need not be a resident of the city or the Commonwealth but he/she shall reside within the city during his/her tenure in office. The chief administrative officer shall be the head of the administrative departments and serve at the pleasure of the mayor. The mayor shall set the salary of the chief administrative officer subject to the approval of a majority of the members of city council.
§5.04. Temporary transfer Transfer of personnel between
departments.
The chief administrative officer shall have power, whenever
the interests of the city require, irrespective of any other provisions of this
charter, to assign employees of any department, bureau, office or agency, the
head of which is appointed by the chief administrative officer, to the temporary performance of
duties in another department, bureau, office or agency.
§5A.03. Personnel rules and regulations.
The council, upon receiving any recommendations submitted to
it by the mayor chief
administrative officer, shall establish a personnel system
for the city administrative officials and employees. Such system shall be based
on merit and professional ability and shall not discriminate on the basis of
race, national origin, religion, sex, age, disabilities, political affiliation, or marital status, color, pregnancy, childbirth
or related medical conditions, including lactation, sexual orientation, gender
identity, or military status. The personnel system shall
consist of rules and regulations which that provide for the general
administration of personnel matters, a classification plan for employees, a
uniform pay plan and a procedure for resolving grievances of employees as
provided by general law for either local government or state government
employees.
§5B.01. Retirement system established.
The retirement system for the city employees hitherto
established by ordinance shall continue in force and effect subject to the
right of the council to amend or repeal the same as set forth in such
ordinance. From and after July 1, 1978, the Board of Trustees of the Richmond
Retirement System shall consist of seven members for terms of three years. Any
vacancy shall be filled for the unexpired portion of the term. The mayor shall
appoint two members; the council shall appoint five members, at least two of
whom shall be members of the classified service employees of the city. Such
members of the Board of Trustees of the Richmond Retirement System shall have
the responsibility of the supervision of the administration of the retirement
plan benefits, the determination of
eligibility for the receipt of retirement benefits, the award of retirement
benefits as authorized by ordinance of the City of Richmond, and such other
duties as have heretofore been exercised by the Board of Trustees of the
Richmond Retirement System other than fiduciary responsibilities concerning the
management, control and investment of the financial resources of the Richmond
Retirement System. The council of the City of Richmond may appoint and employ a
corporation, vested with fiduciary powers under either the laws of the United
States or the Commonwealth of Virginia, to be responsible for the investment of
the funds of the Richmond Retirement System, which funds shall include any
securities which that
may now or hereafter be part of the assets of such Richmond Retirement System.
The director of finance shall be the disbursing officer for the payment of
benefits awarded by the trustees of the Richmond Retirement System and as such
shall perform such duties as may be required of the director of finance by
ordinance but shall receive no additional compensation on account of such
duties. To administer the retirement plan, the council may
provide for an executive director to be appointed, supervised, and removed by
the Board of Trustees of the Richmond Retirement System and for employees to be
appointed, supervised, and removed by the executive director.
§6.01. Fiscal and tax years.
The fiscal year of the city shall begin on July 1 and shall
end on June 30 of the succeeding year. The tax year for taxes levied on real estate, tangible personal
property and machinery and tools shall begin on January 1 and end on December
31 following, and the tax year for all other taxes shall be fixed by the
council by ordinance. The rate of taxes levied on real estate shall be fixed as
authorized in §58.1-3321 of the Code of Virginia. The rates of all other taxes
and levies, except on new sources of tax revenues, shall be fixed before the
beginning of the tax year.
§6.02. Submission.
On a day to be fixed by the
council, but in no case earlier than the second Monday of February or later
than the seventh day of April in each year, the mayor shall submit to the
council: (a) separate current expense budgets for the general operation of the
city government, for the public schools and for each utility as defined in
Chapter 13 of this charter; (b) a budget message; and (c) a capital budget. (a) By no later than May 1 of each fiscal year and
in the form as may be requested by the council, the mayor shall prepare and
submit to the council an annual budget for the ensuing fiscal year, based upon
detailed estimates furnished by the several departments and other divisions of
the city government according to a classification determined appropriate by the
mayor and as nearly uniform as possible. The annual budget shall include the
following:
(1) An itemized statement of recommended appropriations, with comparative statements in parallel columns showing estimates of the expenditures for the current fiscal year and the actual expenditures for the next preceding fiscal year.
(2) An itemized statement of the taxes to be levied and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements in parallel columns of the taxes and other revenues for the current and next preceding fiscal years, and of the increases or decreases estimated or proposed.
(3) A capital budget.
(4) Such other information as may be required by the council.
(b) The mayor shall make copies of the budget required by subsection (a) of this section available for distribution in electronic format after its submission to the council and on the city's website. A public hearing on the budget shall be held by the council before final action thereon.
§6.05. Balanced budget required.
For any fund, the total of proposed expenditures shall not
exceed the total of the estimated income revenues plus the
carried-forward fund balance.
§6.10. Action by council on budget generally.
After the conclusion of the public hearing, the council may
insert new items of expenditure or may increase, decrease or strike out items
of expenditure in the budget, except that no item of expenditure for debt
service or required to be included by this charter or other provision of law
shall be reduced or stricken out. The council shall not alter the estimates of receipts revenue
contained in the said budget except to correct omissions or mathematical
errors, and it shall not cause the total of expenditures as recommended by the
mayor to be increased without a public hearing on such increase, which shall be
held not less than five days after notice thereof has been printed in a
newspaper published or in general circulation in the city. The council shall in
no event adopt a budget in which the total of expenditures exceeds the receipts revenue,
estimated as provided in §6.04, unless at the same time it adopts measures for
providing additional revenue in the ensuing fiscal year sufficient to make up
this difference.
§6.12. Effective date of budget; certification and availability of copies thereof.
Upon final adoption, the budget shall be in effect for the
ensuing fiscal year. A copy of such budget as finally adopted shall be
certified by the city clerk. Copies of the budget, capital
program and appropriation and revenue ordinances shall be public records and shall be
made available to the public at suitable places in the city for distribution in electronic format after its
submission to the council and on the city's website.
§6.16. Amendments after adoption.
(a) At any time within the fiscal year, upon the recommendation of the mayor and certification of the director of finance that there remain sufficient funds not theretofore allotted for a specific purpose, the council may, by not less than six affirmative votes, allot all or part of the funds appropriated to an account designated "Reserve for Contingencies" as authorized in §15.2-2505 of the Code of Virginia for a designated program or project and authorize expenditure of the funds so allotted.
(b) If at any time during the fiscal year the mayor certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council may by not less than six affirmative votes, and only upon the recommendation of the mayor, make supplemental appropriations for the year up to the amount of such excess.
(c) If at any time during the fiscal year it appears probable to the mayor that the revenue or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the mayor shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the mayor and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit, and for that purpose it may by ordinance reduce one or more appropriations.
(d) At any time
during the fiscal year, at the request of the mayor, the city council may by
ordinance adopted by not less than six affirmative votes transfer part of or
all of the unencumbered appropriation balance from one department or major
organizational unit to the appropriation for other departments or major
organizational units.
(e) No
appropriation for debt service may be reduced or transferred, and no
appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof.
The supplemental and emergency appropriations and reduction or transfer of
appropriations authorized by this section may be made effective immediately
upon adoption.
§6.19. Capital budget.
At the same time he/she
submits the current expense budgets, the mayor shall submit to the council a
program which he/she shall previously have submitted to the city planning
commission of proposed capital improvement projects for the ensuing fiscal year
and for the four fiscal years thereafter, with his/her recommendations as to
the means of financing the improvements proposed for the ensuing fiscal year.
The council shall have power to accept with or without amendments or reject the
proposed program and proposed means of financing for the ensuing fiscal year;
and may from time to time during the fiscal year amend by ordinance adopted by
at least six affirmative votes the program previously adopted by it or the
means of financing the whole or any part thereof or both, provided that the
amendment shall have been recommended by the mayor and shall have been
submitted to the city planning commission for review and such additional funds
as may be required to finance the cost of the improvements are available. The
council shall adopt a capital budget prior to the beginning of the fiscal year
in which the budget is to take effect. No appropriation
provided for a capital improvement purpose defined in the capital budget shall
lapse until the purpose for which the appropriation was made shall have been
accomplished or abandoned, provided the council shall have the power to
transfer at any time any appropriation or any unencumbered part thereof from
one purpose to another on the recommendation of the mayor. The mayor chief
administrative officer or the designee thereof may transfer
the balance remaining to the credit of any completed project to an incompleted
project for the purpose of completing such project, provided the projects have
been approved in the adoption of a capital budget or budgets. If no such
transfers are made, the balances remaining to the credit of completed or
abandoned purposes and projects shall be available for appropriation and
allocation in a subsequent capital budget or budgets. Any project shall be
deemed to have been abandoned if three fiscal years elapse without any
expenditure from or encumbrance of the funds provided therefor. The council
shall have the power at any time to abandon or to reduce the scope of any
project in a capital budget to the extent that funds appropriated therefor are
unexpended and unencumbered.
§6.20. Certification of funds, penalties for violation.
Except as otherwise provided
in §13.06 of this charter, no payment shall be made and no obligation incurred
by or on behalf of the city or the school board except in accordance with an
appropriation duly made and no payment shall be made from or obligation
incurred against any allotment or appropriation unless the director of finance
or his designee shall first certify that there is a sufficient unexpended and
unencumbered balance in such allotment or appropriation to meet the same. Every
expenditure or obligation authorized or incurred in violation of the provisions
of this charter shall be void. Every payment made in violation of the
provisions of this charter shall be deemed illegal and every official who shall
knowingly authorize or make such payment or knowingly take part therein and
every person who shall knowingly receive such payment or any part thereof shall
be jointly and severally liable to the city for the full amount so paid or
received. If any officer, member of a board or commission, or employee of the
city or of the school board, shall knowingly incur any obligation or shall
authorize or make any expenditure in violation of the provisions of this
charter or knowingly take part therein such action may be cause for his/her
removal. Nothing in this section contained, however, shall prevent the making
of contracts of lease or for services providing for the payment of funds at a
time beyond the fiscal year in which such contracts are made, provided the
nature of such transactions will reasonably require, in the opinion of the
council, the making of such contracts.
No contract, agreement, or other obligation involving the expenditure of money shall be entered into nor shall any ordinance, resolution, or order for the expenditure of money be passed by the council or be authorized by any officer of the city, unless the director of finance shall first certify to the council or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and preserved. The sum so certified shall not thereafter be considered unencumbered, until the city is discharged from the contract, agreement or obligation.
§13.02. Functions.
The department of public utilities shall be responsible for: (a) the operation of the
water, wastewater, stormwater, gas, and
electric utilities of the city, including street lighting;
(b) the collection of all charges for the services of such utilities; and (c) such
other powers and duties as may be assigned to the department by ordinance.
§17.01. Power to adopt master plan.
In addition to the powers granted elsewhere in this charter the council shall have the power to adopt by ordinance a master plan for the physical development of the city to promote health, safety, morals, comfort, prosperity and general welfare. The master plan may include but shall not be limited to the following:
(a) The general location, character and extent of all streets, highways, super-highways, freeways, avenues, boulevards, roads, lanes, alleys, walks, walkways, parks, parkways, squares, playfields, playgrounds, recreational facilities, stadia, arenas, swimming pools, waterways, harbors, water fronts, landings, wharves, docks, terminals, canals, airports and other public places or ways, and the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension thereof.
(b) The general location, character and extent of all public buildings, schools and other public property and of utilities whether publicly or privately owned, off-street parking facilities, and the removal, relocation, vacating, abandonment, change of use, alteration or extension thereof.
(c) The general location, character and extent of slum clearance, housing and neighborhood rehabilitation projects, including the demolition, repair or vacation of substandard, unsafe or unsanitary buildings.
(d) A general plan for the control and routing of railways, street car lines, bus lines and all other vehicular traffic.
(e) The general location, character and extent of areas beyond the corporate limits of the city to be annexed thereto.
(f) For purposes of this chapter, the term "master plan" means "comprehensive plan" as that term is used in Chapter 22 (§15.2-2200 et seq.) of Title 15.2 of the Code of Virginia.
§17.20. Powers of board of zoning appeals.
The board shall have the following powers and it shall be its duty:
(a) To hear and decide appeals
where it is alleged there is error in any order, requirement, decision or
determination by the administrative officer in the administration and
enforcement of the provisions of the ordinance.
(b) To grant variations in the
regulations when a property owner can show that his/her property was acquired
in good faith and where by reason of the exceptional narrowness, shallowness or
shape of a specific piece of property at the time of the effective date of the
ordinance or where by reason of the exceptional topographical conditions or
other extraordinary or exceptional situation the strict application of the
terms of the ordinance actually prohibit or unreasonably restrict the use of
the property, or where the board is satisfied, upon the evidence heard by it,
the granting of such variations will alleviate a clearly demonstrable hardship
approaching confiscation as distinguished from a special privilege or
convenience sought by the owner, provided, however, that all variations granted
shall be in harmony with the intended spirit and purpose of this chapter and
the ordinance.
(c) To
permit, when reasonably necessary in the public interest, the use of land, or
the construction or use of buildings or structures, in any district in which
they are prohibited by the ordinance, by any agency of the city, county or
Commonwealth or the United States, provided such construction or use shall
adequately safeguard the health, safety and welfare of the occupants of the
adjoining and surrounding property, shall not unreasonably impair an adequate
supply of light and air to adjacent property, shall not increase congestion in
streets and shall not increase public danger from fire or otherwise affect
public safety.
(d) (b) To
permit the following exceptions to the district regulations and restrictions,
provided such exceptions shall by their design, construction and operation
adequately safeguard the health, safety and welfare of the occupants of the
adjoining and surrounding property, shall not unreasonably impair an adequate
supply of light and air to adjacent property, shall not increase congestion in
streets and shall not increase public danger from fire or otherwise
unreasonably affect public safety and shall not diminish or impair the
established property values in surrounding areas:
(1) Use of land or erection or use of a building or structure
by a public service corporation for public utility purposes exclusively which that
the board finds to be reasonably necessary for the public convenience and
welfare.
(2) Use of land or construction or use of buildings and structures in any district in which they are prohibited by the ordinance, for cemetery purposes, airports or landing fields, greenhouses and nurseries and the extraction of raw materials from land, such as rock, gravel, sand and similar products.
(3) Use of land in dwelling districts immediately adjoining or separated from business, commercial or industrial districts by alleys, or widths to be specified in the ordinance, for parking of vehicles of customers of business, commercial or industrial establishments, provided such use shall not extend more than the distance specified in the ordinance from the business, commercial or industrial district.
(4) Use of buildings for dwelling purposes in districts specified in the ordinance for use for other purposes, where it can be shown that conditions in the specified districts are not detrimental to the health, safety, or welfare of the inhabitants of such buildings and on condition that the buildings will be removed within a time specified in the ordinance.
(5) Reconstruction of buildings or structures that do not
conform to the comprehensive zoning plan and regulations and restrictions
prescribed for the district in which they are located, which that have been damaged by
explosion, fire, act of God or the public enemy, to the extent of more than sixty per cent 60 percent of their assessed
taxable value, when the board finds some compelling public necessity for a
continuance of the use and such continuance is not primarily to continue a
monopoly, provided that nothing herein shall relieve the owner of any such
building or structure from obtaining the approval of such reconstruction by the
council or any department or officer of the city when such approval is required
by any law or ordinance.
(e) (c) To modify the
interpretation and application of the provisions of the ordinance where the
street layout actually on the ground varies from the street layout as shown on
the map fixing the districts and their boundaries adopted with and as a part of
the ordinance.
§18.02. 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, whether or not any corporation owning the same be authorized to exercise the power of eminent domain or whether or not such lands, buildings, structures or personal property or interest, right, easement or estate has already been devoted to a public use, and whenever the city cannot agree on terms of purchase or settlement with the owners of the subject of such acquisition because of 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 Commonwealth and cannot with reasonable diligence be found in the Commonwealth or is unknown.
Such proceedings may be
instituted in the Circuit Court of the City of Richmond, Divisions I or II, 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 circuit court of the city. 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.
In the exercise of its eminent domain authority, the city shall have all of the applicable powers and shall follow all of the applicable procedures and requirements set forth in §1-219.1 and Chapter 19 (§15.2-1901 et seq.) of Title 15.2 of the Code of Virginia and Title 25.1 (§ 25.1-100 et seq. of the Code of Virginia), which eminent domain powers are hereby conferred on and vested in the city. In addition thereto, the city shall have and may exercise all other eminent domain powers that are now or may hereafter be conferred upon or delegated to cities of the first class under the Constitution or laws of the Commonwealth, as fully and completely as though such powers were specifically enumerated in this charter and no enumerations of powers in this charter shall be held to be exclusive but shall be held to be in addition to this general grant of powers.
§18.03. 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 the latter event the resolution or ordinance directing 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 chief administrative officer 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 that 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, 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 of 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 Commonwealth or cannot with
reasonable diligence be found in the Commonwealth, or if the residence of the
owner or tenant be unknown, he/she 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 §§8.01-316, 8.01-317 and 8.01-319 the requirements of the Code
of Virginia.
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/she 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 proceeding is 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/her 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/she shall receive the same fees prescribed for recording a deed, which shall be paid by the city.
If the city and the owner of property so taken or damaged agree upon compensation therefor, upon filing such agreement in writing in the clerk's office of such court, the court 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 to 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 §§25.1-220 and 25.1-226 through 25.1-230 of the
Code of Virginia or as provided for in §18.02, and all proceedings thereafter
shall be had as provided in Chapter 2 (§25.1-200 et seq.) of Title 25.1 of the
Code of Virginia insofar as they are then applicable and are not inconsistent
with the provisions of this and the preceding section, and the court shall
order the deposit in bank to the credit of the court of such additional funds
as appear to be necessary to cover the award of the commissioners or shall
order the return to the city of such funds deposited that are not necessary to
compensate such owners for property taken or damaged. The commissioners so
appointed shall not consider improvements placed upon the property by the city
subsequent to its taking nor the value thereof nor the enhancement of the value
of said property by said improvements in making their award.
2. That §§2.06, 6.06, 6.07, 6.08, 6.15:3, 17.12, 7.15, 17.19, 17.21, 17.23, 17.24, 20.10, and 20.11 of Chapter 116 of the Acts of Assembly of 1948 are repealed.
