CITY OF COLONIAL HEIGHTS City Charter

City of First Class.

Established in 1920.

Incorporated as a town in 1926.

City by court order in 1948.

Town charter, 1930, c. 186; repealed 1950, c. 144.

City charter, 1950, c. 144; repealed 1960, c. 213.

Charter, 1960, c. 213.

Amended 1962, c. 467 (§§ 2.3, 4.4, 4.9, 4.10, 5.2, 6.15, 6.16, 6.17, 10.3,

10.6, 10.7 [repealed], 18.2, 18.3, 18.5, 20.27 through 20.30

[added])

1966, c. 232 (§§ 2.2, 4.10, 4.13, 6.1, 6.2, 8.8, 17.11, 17.11-1

[added], 17.36 [added], 20.31 and 20.32 [added])

1968, c. 474 (§§ 3.1, 4.3, 4.4, 4.5, 6.16, 7.4, 7.8, 10.5, 19.4, 20.2,

20.30)

1970, c. 183 (§§ 4.1, 4.3, 7.9, 17.3, 20.2)

1973, c. 500 (§§ 8.11, 10.5, 17.2, 19.11)

1974, c. 9 (§ 10.5)

1979, c. 246 (§§ 4.11, 8.9, 8.11, 17.2, 17.13, 17.26, 20.2)

1980, c. 206 (§§ 6.19, 7.11 [repealed], 8.3, 9.2)

1981, c. 513 (§§ 2.3, 5.7, 8.4, 9.2, 9.4, 10.3)

1983, c. 106 (§ 7.9)

2004, c. 518 (§§ 3.1, 4.3, 4.5, 20.2)

2006, c. 14, 761 (§§ 4.4, 8.3, 8.11, 10.5).

CHAPTER 1

INCORPORATION AND BOUNDARIES

§ 1.1. Incorporation.

The inhabitants of the territory comprised within the limits of the City of Colonial

Heights, as the same now are or may hereafter be established by law, shall continue to be

a body politic and corporate under the name of the City of Colonial Heights, and as such

shall have perpetual succession, may sue and be sued, contract and be contracted with

and may have a corporate seal which it may alter, renew or amend at its pleasure. (1960,

c. 213)

§ 1.2. Boundaries.

The corporate limits of the City of Colonial Heights shall be those set forth in

Chapter 144 of the Acts of Assembly of 1950 and changed and altered by decrees entered

in the Circuit Court of Chesterfield County, Virginia, in the annexation proceedings

styled P. W. Covington, and others, versus City of Colonial Heights, and others, and

Charles Berberich, and others, versus City of Colonial Heights, and others. (1960, c.

213)

Page 2 E:\DLSDATA\PUBS\CHARTERS\COLHTS

CHAPTER 2

POWERS

§ 2.1. General grant of powers.

The city shall have and may exercise all 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. (1960, c.

213)

§ 2.2. Powers enumerated by the General Statutes of Virginia.

The general powers applicable to cities set forth in §§ 15.1-6 through 15.1-37.2 of

Chapter 1, Title 15.1 of the Code of Virginia of 1950, and all the powers set forth in §§

15.1-837 through 15.1-907 of Chapter 18 of Title 15.1 of the Code of Virginia of 1950,

as in force on January 1, 1966, are hereby conferred on and vested in the City of Colonial

Heights. (1960, c. 213; 1966, c. 232)

§ 2.3. Other powers.

In addition to the powers granted by other sections of this charter, the city shall

have the power:

(a) To impose special or local assessments for local improvement and force

payment thereof, subject, however, to such limitations prescribed by the Constitution and

Laws of Virginia, as may be in force at the time of the imposition of such special or local

assessments.

(b) 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 and a capitation tax not

exceeding one dollar per annum on each resident of the Commonwealth within the limits

of the city; 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; unless prohibited by general law to require licenses, prohibit the conduct of any

business, profession, vocation or calling without such a license, require taxes to be paid

on such licenses in respect of all businesses, professions, vocations and callings 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 license; provided,

5/31/2007 3

however, that nothing herein contained shall be construed as permitting the city to levy

and collect directly or indirectly a tax on payrolls.

(c) To appropriate, without being bound by other provisions of this charter, in an

amount of not more than five per cent of the receipts of the preceding 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 the affirmative

votes of a majority of the entire council and that the ordinance making such appropriation

shall contain a clear statement of the nature and extent of the emergency.

(d) To control and regulate the use and management of all property of the city,

real and personal, and specifically to rent or lease under such regulations as the school

board shall deem expedient, school buildings, lands, grounds and equipment to persons

or organizations for such health, educational, civic or recreational purposes as the school

board shall deem prudent and beneficial to the community.

(e) To acquire, construct and maintain or authorize the construction and

maintenance of bridges, viaducts or underpasses over or under any stream, creek or

ravine when any portion of such bridge, viaduct or underpass is within the city limits, and

to require compensation for their use by public utility, transmission or transportation

companies, except as the right to require such compensation is affected by any contract

heretofore or hereafter made with the company concerned.

(f) To provide for the prevention of vice, immorality, vagrancy, street begging

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; and to expel therefrom persons guilty of such conduct who have not resided

therein as much as one year.

(g) 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.

(h) To establish, construct, maintain, regulate, and operate public employment

bureaus, public markets, public improvements of all kinds, including municipal and other

buildings, armories, jails, comfort stations, and all buildings and structures necessary or

appropriate for the use in proper operation of the various departments of the city and to

acquire by condemnation or otherwise, all lands, riparian or other rights and easements

necessary for such improvements or any of them; and to make and enforce such

regulations as shall be necessary to prevent huckstering, forestalling or regrating.

(i) To establish, open, widen, extend, improve, construct, maintain, light, sprinkle

and clean, public highways, streets, alleys, boulevards and parkways, and to alter or close

the same; to establish and maintain parks, playgrounds and such public grounds; to

construct, maintain and operate bridges, viaducts, subways, tunnels, sewers and drains,

and to regulate the use of all such highways, parks, public grounds and works; to plant

and maintain shade trees along the streets and upon such public grounds; to prevent the

obstruction of such streets and highways, abolish and prevent grade crossings over the

same by railroads in the manner prescribed by general law for elimination of grade

crossings; to require any railroad company operating a railroad at the place where any

highway or street is crossed within the city limits to erect and maintain at such crossing

Page 4 E:\DLSDATA\PUBS\CHARTERS\COLHTS

any style of gate deemed proper and keep a man in charge thereof or keep a flagman at

such crossing during such hours as the council may require, in accordance with the

provisions of §§ 56-406.1 and 56-406.2 and other sections of the Code of Virginia and to

regulate the length of time such crossings may be closed due to any operations of the

railroads in accordance with §§ 56-412.1 and 56-412.2 of the Code of Virginia; to

regulate the operations, weight of load, and speed of all cars and vehicles using the same,

as well as the operation and speed of all engines, cars and trains, or railroads within the

city; to regulate the service to be rendered, including route traversed, and rates charged

by buses, motor cars, cabs and other vehicles for carrying passengers for hire and by

vehicles for the transfer of baggage; to permit railroads and bus lines to be built in the

streets and alleys; and to determine and designate the route and grade thereof; and to

specify and require the proper construction and maintenance of the streets between the

rails and on either side thereof for such distance as such streets may be affected by the

construction, operation, repair or maintenance of such railroads, bus lines, and to require

the construction of so much of said street as may be damaged by the removal of such

railroad or bus line; to permit or prohibit poles and wires for electric, telephone and

telegraph purposes, to be erected and gas pipes to be laid in streets and alleys, and to

prescribe and collect an annual charge for such privileges, heretofore or hereafter

granted; to require the owner or lessee of any electric light, telephone or telegraph pole,

or poles or wires now in use or hereafter erected, to change the location or move the

same; to open, lay out, and improve new streets across the track or tracks, yard or yards,

of any railroad in the city and any such new or existing street or streets may cross any

such track or tracks, of any railroads in the city, in the discretion of the council, either at

grade, or pass above or below any such existing structure or structures; provided, that

after due notice to such railroad company and full opportunity to be heard, and after the

council shall have decided whether such crossing shall be made at grade, or pass above or

below any such existing structure or structures, the plans and specifications for such

crossing, as the council shall have determined upon, shall be submitted to the principal

agent of such railroad company in the city, and in the event the city and railroad company

cannot, within sixty days thereafter, agree upon such plans and specifications, or cannot

agree in regard to the division of the cost of constructing such crossing, then the city shall

submit such plans and specifications to the State Corporation Commission, and the State

Corporation Commission, after reasonable notice to such railroad company and after

hearing such evidence as either party may adduce, shall approve, or revise and approve,

the plans for such crossing as the council shall have determined shall be made, or

substitute such other plans or character of crossing, whether at grade, overhead or

underpass, as the State Corporation Commission may deem proper under all the facts,

circumstances and conditions in the case; the said improvements shall be made by the

company whose track is to be crossed and the expense thereof shall be borne as provided

by the general law, and after such crossing shall have been constructed, it shall be

maintained by such railroad company or by the lessee thereof; and to do all other things

whatsoever adapted to make said streets and highways safe, convenient and attractive.

(j) To acquire by gift, purchase, exchange, or by the exercise of the power of

eminent domain within this Commonwealth, lands, and any interest or estate in lands,

rock quarries, gravel pits, sand pits, water and water rights, and the necessary roadways

thereto, either within or without the city and acquire and install machinery and

5/31/2007 5

equipment, and to build the necessary roads or tramroads thereto; and operate the same

for the purpose of producing materials required for the construction, repair and

maintenance of streets, highways, sidewalks, waterworks, reservoirs, sewer, electric

lights and public buildings in the city; and to acquire by gift, purchase, exchange, or by

the exercise of the power of eminent domain within this Commonwealth, lands and

machinery and equipment, and build and operate a plant or plants for the preparation and

fixing of materials for the construction of improved streets and other public

improvements, and the maintenance and repair thereof; and to build and operate coal

tipples and yards in connection therewith.

(k) To collect and dispose of sewerage, offal, ashes, garbage, carcasses of dead

animals, and other refuse, and to make reasonable charges therefor; and to acquire and

operate reduction or other plants for the utilization or destruction of such materials, or

any of them; to contract for and regulate the collection and disposal thereof, and to

require and regulate the collection and disposal thereof and to regulate the disposal of

commercial and industrial garbage and refuse and to make such additional reasonable

charges as are necessary and commensurate with the volume of commercial and

industrial garbage and refuse collected or disposed of at such additional charges as are

reasonable to dispose of commercial or industrial garbage or refuse in a sanitary and

healthful manner.

(l) To regulate or prevent slaughter houses or other noisome or offensive business

within said city, the keeping of hogs, dogs, cats, cattle or other animals, poultry or other

fowls therein, or the exercise of any dangerous or unwholesome business, trade or

employment therein; to regulate the transportation of all articles through the streets of the

city; to compel the abatement of smoke and dust, and prevent unnecessary noise; to

regulate the location of stables and the manner in which they shall be kept and

constructed; to regulate the location, construction, operation, and maintenance of

billboards, and generally to define, prohibit, abate, suppress and prevent all things

detrimental to the health, morals, aesthetics, safety, convenience and welfare of the

inhabitants of the city; and to require all owners or occupants of property having

sidewalks in front thereof to keep the same clean and sanitary, and free from all weeds,

filth, snow and unsightly deposits.

(m) To provide by ordinance for a system of meat and milk inspection, and

appoint meat and milk inspectors, agents, or officers to carry the same into effect, within

the corporate limits of the said city; to license, regulate, control and locate slaughter

houses within the corporate limits of the city; and for such services of inspection to make

reasonable charges; and to provide such reasonable penalties for the violation of such

ordinances.

(n) To acquire by purchase, gift, devise, condemnation or otherwise, lands,

within, or acquired by purchase, gift, devise or otherwise land without the city, to be

used, kept and improved as a place for the interment of the dead, and to make and enforce

all necessary rules and regulations for the protection and use thereof; and generally to

regulate the burial and disposition of the dead, including the establishment and

maintenance of a crematory. Subject to limitations prescribed by the Constitution and the

Laws of Virginia, the city may remove at its own expense, abandoned graves or

abandoned grave yards to public city-maintained cemeteries.

Page 6 E:\DLSDATA\PUBS\CHARTERS\COLHTS

(o) To license and regulate the holding and location of shows, circuses, public

exhibitions, carnivals and similar shows or fairs, or prohibit the holding of the same or

any of them within the city.

(p) To do all things whatsoever necessary or expedient for promoting or

maintaining the general welfare, comfort, education, morals, peace, government, health,

trade, commerce or industries, of the city, or its inhabitants.

(q) To contract with the County of Chesterfield or the City of Petersburg

regarding the health and welfare of the citizens residing in said city, pending the setting

up of a Board of Health and Welfare Department in said city; and also regarding any

water, sewer, sewer disposal, garbage disposal or other municipal functions which may

be for the best interest of the citizens of said city and said county or the City of

Petersburg.

(r) To regulate the speed of vehicles and parking in private parking and general

shopping areas, upon the request of and with the consent of the owners thereof.

(s) To extinguish and prevent fires and to compel citizens to render assistance to

the fire department in case of need, and to establish, regulate, and control a paid or

voluntary fire department or division; to regulate the size, height, materials and

constructions of buildings, fences, walls, retaining walls and other structures hereafter

erected in such manner as the public safety and convenience may require; to remove or

require to be removed or reconstructed any building, structure or addition thereto which

by reason of dilapidation, defect of structure, damage by fire, or other causes, may have

become dangerous to life or property, or which may be erected contrary to law; to

establish and designate, from time to time, fire limits, within which limits wooden

buildings shall not be constructed, removed, added to, enlarged or repaired, and to direct

any or all future buildings within such limits shall be constructed of stone, natural or

artificial, concrete, brick, iron, or other fireproof materials; and may enact stringent and

efficient laws for securing the safety of persons from fires in halls and buildings used for

public assemblies, entertainments or amusements.

(t) To charge and to collect fees for permits to use public facilities and for public

service and privileges.

(u) To prevent any person having no visible means of support, paupers, and

persons who may be dangerous to the peace or safety of the city, from coming to said city

from without the same; and for this purpose to require the owner of any conveyance other

than a common carrier bringing such person to the city to take such person back to the

place when he was brought, or enter into bond with satisfactory security that such person

shall not become a charge upon said city within one year from the date of his arrival; also

to expel from the city all persons found therein dangerous to the peace, safety, and

welfare of the city.

(v) If any ground in the said city shall be subject to be covered by stagnant water

or if the owner or occupant thereof shall permit any offensive or unwholesome substance

to remain or accumulate thereon, the said council may cause such ground to be filled up,

raised, or drained, or may cause such substance to be covered or removed therefrom,

provided, that reasonable notice shall be first given to said owner or occupant or his

agent. In case of nonresident owners who have no agent in said city, such notice may be

given by publication for not less than ten days in any newspaper having general

5/31/2007 7

circulation in said city, and in addition notice shall be sent by registered mail to their last

known address.

(w) To direct or prevent the location of all buildings for storing gunpowder or

other explosive or combustible substances, to regulate or prohibit the sale and use of

dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerin, camphene,

burning fluid, and all explosives or combustible materials, the exhibition of fireworks,

the discharge of firearms, the use of candles and lights in barns, stables and other

buildings, the making of bonfires and the carrying of concealed weapons.

(x) 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.

(y) To raise annually by taxes and assessments in the city such sums of money as

the council shall deem necessary for the purposes of the city, and in such manner as the

council of the city shall deem expedient, in accordance with the Constitution of this

Commonwealth and the United States; provided, however, that it shall impose no tax on

the bonds of the city; and the council of the city may make said taxes and assessments

payable at such times and in such installments as it may deem proper, and may add

thereto a percentage not exceeding that set by general law, if such taxes and assessments,

or any installment thereof, be not promptly paid, and may also charge interest on each

installment of said taxes and assessments at the rate set by general law until paid. (1960,

c. 213; 1962, c. 467; 1981, c. 513)

CHAPTER 3

ELECTIONS

§ 3.1. Election and Composition of Councilmen.

The council shall consist of seven members, who shall be elected by the qualified voters

of the city on a general ticket at large, and shall serve for a term of four years from the

first day of January next following the date of their election and until their successors

shall have been duly elected and qualified, provided, that the members of the council in

office at the effective date of this act are hereby continued in office for the terms for

which they were elected. At the regular November election in 2004, and at the regular

November election in every fourth year thereafter there shall be held a general city

election at which shall be elected by the qualified voters of the city at large four members

of the council for terms of four years from the first day of January following their

election. At the regular November election in 2006, and at the regular November election

in every fourth year thereafter there shall be held a general city election at which shall be

elected by the qualified voters of the city at large three members of the council for terms

of four years from the first day of January following their election. The council shall be a

continuing body, and no measure pending before such body shall abate or be

discontinued by reason of the expiration of the term of office or removal of the members

of said body or any of them. The council may punish its members for misconduct and

may compel the attendance of members in such manner and under such penalties as may

be prescribed by ordinance. A majority of all the members of the council shall constitute

a quorum to do business, but a smaller number may adjourn from time to time.

Page 8 E:\DLSDATA\PUBS\CHARTERS\COLHTS

The terms of the four Council members subject to expire June 30, 2004, shall be

extended to December 31, 2004, and the date for the next election of those Council

positions subject to election shall be extended to the regular November election date in

2004, and then every regular November election every four years thereafter.

The terms of the three remaining Council members subject to expire June 30,

2006, shall be extended to December 31, 2006, and the date for the next election for those

offices shall be the regular November election date in 2006, and then every regular

November election every four years thereafter, so as to retain the staggered terms of

office. (1960, c. 213; 1968, c. 474; 2004, c. 518)

§ 3.2. Nomination of Candidates for Council.

Candidates for the office of councilmen may be nominated by petition or under

general law. There shall be printed on the ballots used in the election of councilmen the

names of all candidates who have been so nominated. The requirements for nomination

by petition shall be:

(a) Any qualified voter of the city may be nominated by filing not less than sixty

days before such election, with the Clerk of the Circuit Court having jurisdiction of the

city a petition signed by not less than fifty qualified voters of the city; each signature to

such petition shall be witnessed by a person whose affidavit to that effect is attached

thereto, together with the notice of candidacy required by the general laws of the

Commonwealth relating to elections.

(b) The petition shall state the name and address of the residence of the person

whose name is presented thereby as a candidate, and the street address of the residence of

the persons signing the same.

The requirements for nomination under general law shall be as therein prescribed.

(1960, c. 213)

§ 3.3. Conduct of General Municipal Election.

The ballots used in the election of councilmen shall be without any distinguishing

mark or symbol. Each qualified voter shall be entitled to vote for as many persons as

there are vacancies to be filled, and no more; and no qualified voter shall cast more than

one vote for the same person. In counting the vote any ballot found to have voted for a

greater number of names for the office of councilman than the number of vacancies in the

council to be filled shall be void, but no ballot shall be void for containing a less number

of names than is permitted hereby. The candidates equal in number to the places to be

filled, who shall receive the highest number of votes cast in such election, shall be

declared elected. The general laws of the Commonwealth relating to the conduct of

elections, so far as pertinent, shall apply to the conduct of a general municipal election.

(1960, c. 213)

§ 3.4. Vacancies in Office of Councilman.

Vacancies in the office of councilman, from whatever cause arising, shall be filled

for the unexpired portion of the term by majority vote of the remaining members of the

council. If the council shall fail to fill a vacancy in its membership within ninety days of

the occurrence of the vacancy, such vacancy shall be filed by appointment by the judge

of the court of record having jurisdiction of the city. (1960, c. 213)

§ 3.5. Election of Other City Officers.

All other city officers required by the laws of the Commonwealth to be elected by

the qualified voters of the city shall be elected on the first Tuesday following the first

5/31/2007 9

Monday in November preceding the expiration of the terms of office of their respective

predecessors, for such terms as are prescribed by law. All such elective officers shall be

nominated and elected as provided in the general laws of the Commonwealth. A vacancy

in the office of commissioner of revenue, city treasurer, or city sergeant shall be filled by

the council by majority vote of all its members for the interim period until a successor is

elected at the next general election and takes office, as is provided in the Code of

Virginia. The officers so elected or appointed shall qualify in the mode prescribed by

law and shall continue in office until their successors are elected and qualified. (1960, c.

213)

CHAPTER 4

COUNCIL

§ 4.1. Composition.

The council shall consist of seven members elected as provided in Chapter 3.

They shall receive in full compensation for their services the sum $100 per month and

shall not be entitled to any other allowance of any kind except that the mayor or vicemayor

or members of council, subject to the approval of council, may be allowed actual

expenses incurred in representing the city. No member of the council shall during the

term for which he was elected and one year thereafter be eligible to hold or be appointed

as judge, substitute or associate judge of the municipal court or juvenile and domestic

relations court or to any office of profit under the government of the city. (1960, c. 213;

1970, c. 183)

§ 4.2. Powers.

All powers vested in the city shall be exercised by the council except as otherwise

provided in this charter. In addition to the foregoing, the council shall have the following

powers;

(a) To provide for the organization, conduct and operation of all departments,

bureaus, divisions, boards, commissions, offices and agencies of the city.

(b) To create, alter or abolish departments, bureaus, divisions, boards,

commissions, offices and agencies other than those specifically established by Chapters

16.6 and 20.2 of this charter.

(c) Upon recommendation of the city manager, to assign and reassign to

departments, all bureaus, divisions, offices, agencies, departments and functions thereof

except the city school board and constitutional officers.

(d) To provide for the number, titles, qualifications, powers, duties and

compensation of all officers and employees of the city, subject to the case of members of

the classified service to the provisions of Chapter 9 of this charter.

(e) To provide for the form of oaths and the amount and conditions of surety

bonds to be required of certain officers and employees of the city. (1960, c. 213)

§ 4.3. Mayor and vice mayor.

On the second day in January 2005 and on the second day of January of every

second year thereafter, or if such day shall fall on Saturday, Sunday or a holiday then on

the following day, the newly elected council, having taken the oath of office as

hereinafter provided, shall proceed to choose by majority vote of all the members thereof

one of their number to be mayor and one to be vice mayor for the ensuing two years. The

Page 10 E:\DLSDATA\PUBS\CHARTERS\COLHTS

mayor shall preside over the meetings of the council and shall have the same right to vote

and speak therein in all proceedings as other members, but no veto. He shall be

recognized as the head of the city government for all ceremonial purposes, the purposes

of military law and the service of civil process. The vice mayor shall in the absence or

disability of the mayor, perform the duties of mayor, and if a vacancy shall occur in the

office of mayor shall become mayor for the unexpired portion of the term. In the absence

or disability of both the mayor and vice mayor, the council shall, by majority vote of

those present, choose one of their number to perform the duties of mayor. The mayor, in

addition to his salary as a councilman, shall receive an additional salary of $50 per

month. The vice mayor, in addition to his salary as a councilman, shall receive an

additional salary of $25 per month.

The council members chosen to be mayor and vice mayor in July 2002 shall

continue as mayor and vice mayor until the council meeting in January 2005. (1960, c.

213; 1968, c. 474; 1970, c. 183; 2004, c. 518)

§ 4.4. City Clerk.

The city council shall appoint a city clerk who shall be the clerk of the council,

shall keep the journal of its proceedings and shall record all ordinances, resolutions, and

minutes, in separate books provided by council for the purpose. He shall be the custodian

of the corporate seal of the city and shall be the officer authorized to use and authenticate

it. All records in his office shall be public records and open to inspection at any time

during regular business hours. He shall receive compensation to be fixed by the council.

He shall appoint and remove, subject to the provisions of Chapter 9 of this charter, an

assistant city clerk who shall be authorized to act as city clerk in the absence or disability

of the city clerk, and all deputies and other employees in his office, and shall have such

other powers and duties as may be prescribed by this charter or by ordinance. He shall

upon final passage, transmit to the proper departments or officials, copies of all

ordinances or resolutions that may affect or relate to them or their respective

departments. The city clerk shall within ten days after the results of the regular city

election of councilmen have been declared, send a written notice by mail to each

councilman who has been declared elected, which notice shall specify the office to which

such person has been elected, the term of the office, procedures and requirements of

qualification, and he shall require such councilman to appear and qualify as provided by

law. The city clerk shall also send a notice by mail to any person elected or appointed by

city council within ten days after such election or appointment, which notice shall specify

the office to which such person has been elected or appointed, the term of office,

procedures and requirements of qualification and he shall require such person to appear

and qualify as provided by law. (1960, c. 213; 1962, c. 467; 1968, c. 474; 2006, c. 14,

761)

5/31/2007 11

§ 4.5. Organization; first meeting of a newly elected council; judge of

qualification and election of members.

The first meeting of a newly elected council shall take place in the council

chamber in the city hall at 7:30 P.M. on the second day of January following their

election, or if such day shall fall on Saturday, Sunday or a holiday, then on the following

day. It shall be called to order by the city clerk who shall administer the oath of office to

the duly elected members. In the absence of the city clerk the meeting may be called to

order and the oath administered by any judicial officer having jurisdiction in the city. The

council shall be the judge of the election and qualifications of its members, but the

decision of the council in this matter shall be subject to review by the judge of the court

of record having jurisdiction in the City of Colonial Heights. The first business of the

council shall be the election of a mayor and vice mayor and the adoption of rules of

procedure. Until this business has been completed the council shall not adjourn for a

period longer than 48 hours. (1960, c. 213; 1968, c. 474; 2004, c. 518)

§ 4.6. Rules of Procedure.

The council shall have power, by resolution and 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 each month. They shall also provide for calling of special meetings by the mayor,

the city manager or any two 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. (1960, c. 213)

§ 4.7. Voting and Meetings.

No ordinance, resolution, motion or vote shall be adopted by the council except at

a meeting open to the public. All voting except on procedural motions shall be by roll

call and the ayes and noes shall be recorded in the journal. No member of the council

shall participate in the vote on any ordinance, resolution, motion or vote in which he, or

any person, firm or corporation for which he is attorney, officer, director, employee, or

agent, has a financial interest other than as a minority stockholder of a corporation or as a

citizen of the city. All meetings of the council, except as hereinafter provided, shall be

public and any citizens may have access to the minutes and records thereof at all

reasonable times. Notwithstanding any other provisions of this section a majority of the

members of the council may by a recorded vote declare that the public welfare demands

an executive session. (1960, c. 213)

§ 4.8. Ordinances, When Required.

In addition to such acts of the council which are required by the Constitution or

general laws of the Commonwealth or by this charter to be by ordinance, every act of the

council creating, altering or abolishing any department, or creating, altering, assigning or

abolishing any bureau, division, office, agency or employment, fixing the compensation

of any officer or employee of the city, making an appropriation, authorizing the

borrowing of money, levying a tax, establishing any rule or regulation for the violation of

which a fine or penalty is imposed, or placing any burden upon or limiting the use of

private property, shall be by ordinance. (1960, c. 213)

Page 12 E:\DLSDATA\PUBS\CHARTERS\COLHTS

§ 4.9. Form of Ordinances.

Every ordinance except the annual appropriation ordinance and any ordinance

codifying ordinances shall be confined to one subject. All ordinances shall be introduced

in typewritten or printed form or a combination of both. The enacting clause of all

ordinances passed by the council shall substantially be "BE IT ORDAINED BY THE

COUNCIL OF THE CITY OF COLONIAL HEIGHTS" or "THE CITY OF COLONIAL

HEIGHTS HEREBY ORDAINS." (1960, c. 213; 1962, c. 467)

§ 4.10. Procedure for Passing Ordinances.

An ordinance may be introduced by any member or committee of the council or

by the city manager at any regular meeting of the council or at any special meeting when

the subject thereof has been included in the notice for such special meeting or been

approved by a majority vote of all elected members of the council. No ordinance, or

resolution having the effect of an ordinance, or resolution suspending an ordinance,

unless it be an emergency measure, shall be passed until it has been read by title at two

meeting not less than six days apart counting the day of introduction and the date of

adoption as a part thereof, one of which shall be a regular meeting and the other of which

may be either an adjourned or called meeting. Any ordinance or resolution read at one

such meeting may be amended and passed as amended at the next such meeting, provided

that the amendment does not materially change the ordinance. No ordinance or section

thereof shall be revised or amended by its title or section number only, but the new

ordinance shall contain the entire ordinance, or section or subsection as revised or

amended. The ayes and noes shall be taken and recorded upon the passage of all

ordinances or resolutions and entered upon the journal of the proceedings of the council.

Except as otherwise provided in this charter an affirmative vote of a majority of the

members elected to the council shall be necessary to adopt any ordinance or resolution.

Unless another date is specified therein and except as otherwise provided by this charter,

an ordinance shall take effect on the tenth day following its passage. All ordinances and

resolutions having the effect of an ordinance shall be authenticated by the signature of the

presiding officer and the city clerk. Every ordinance of a general or permanent nature

shall be published in full once within ten days after its final passage by posting a copy

thereof at the front door of the municipal building and at one other public place in the

city or when ordered by the council by publication in a newspaper published or circulated

in the city for such time as the council may direct; provided, that the foregoing

requirements as to publication shall not apply to ordinances reordained in or by a general

compilation or codification of ordinances printed by authority of the council. A record or

entry made by the city clerk, or a copy of such record or entry when certified by him shall

be prima facie evidence of the terms of the ordinance and its due publication. All

ordinances and resolutions of the council may be read as evidence in all courts and in all

other proceedings in which it may be necessary to refer thereto, either from the original

record thereof, from a copy thereof certified by the city clerk, or from any volume of

ordinances printed by authority of the council. (1960, c. 213; 1962, c. 467; 1966, c. 232)

5/31/2007 13

§ 4.11. Emergency Ordinances.

An emergency ordinance, which is an ordinance for the immediate preservation of

the public peace, property, health or safety or providing for the daily operation of a

municipal department, may be read one time and passed with or without amendment at

any regular or special meeting at which the ordinance was introduced. An emergency

ordinance so read and passed must contain a specific statement of the emergency

claimed, and affirmative votes of not less than two-thirds of the entire membership of

council shall be necessary for its adoption. All emergency measures shall take effect at

the time indicated therein and shall be effective for no longer than sixty days. (1960, c.

213; 1979, c. 246)

§ 4.12. Submission of Propositions to the Qualified Voters of the City.

The council shall have authority, by resolution, to submit to the qualified voters

of the city for an advisory referendum thereon, any proposed ordinance or amendment to

the city charter, not less than thirty nor more than sixty days after the passage of such

resolution. The election shall be conducted and the result thereof ascertained and

determined in the manner provided by § 24-141 of the Code of Virginia. If a petition

requesting the submission of an amendment to this charter, set forth in such petition,

signed by qualified voters equal in number to ten percent of the largest number of votes

cast in any general or primary election held in the city during the five years immediately

preceding and verified as hereinafter provided, is filed with the city clerk he shall

forthwith certify that fact to the council. The signatures to such petition shall be

witnessed by a person whose affidavit to that effect is attached thereto. Upon the

certification of such petition the council shall order an election to be held not less than

thirty nor more than sixty days after such certification, in which such proposed

amendment shall be submitted to the qualified voters of the city for their approval or

disapproval. Such election shall be conducted and the results thereof ascertained and

determined in the manner provided by law for the conduct of general elections and by the

regular election officials of the city. If a majority of those voting thereon at such election

approve the proposed amendment, such result shall be communicated by the city clerk to

the two houses of the General Assembly and to the representatives of the city therein

with the same effect as if the council had adopted a resolution requesting the General

Assembly to adopt the amendment. (1960, c. 213)

§ 4.13. Record and Publication of Ordinances.

Every ordinance after passage shall be given a serial number and shall be kept in

a safe place by the clerk in his office in the municipal building. Within one year after the

first day in January, 1966, there shall be prepared under the direction of the city attorney,

who is hereby authorized to employ such assistance as he deems necessary for the

purpose, a codification or revision 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. 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, without prior publication, 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

or reproduced as promptly as possible after their adoption in substantially the same style

Page 14 E:\DLSDATA\PUBS\CHARTERS\COLHTS

and format as the codification or revision of ordinances and sold at such prices as the

council may establish. (1960, c. 213; 1966, c. 232)

§ 4.14. Appointments.

The council in making appointments shall act only by the affirmative votes of a

majority of the members elected to the council. (1960, c. 213)

§ 4.15. Removal of Councilmen and Members of Boards and Commissions

Appointed by the Council for Specified Terms.

Any member of the council or any member of a board or commission appointed

by the council for a specified term may be removed for cause in accordance with the

general law. (1960, c. 213)

§ 4.16. 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, including the school board,

and any officer or employee of the city. The council, or any of its committees, when

authorized by the council, the city manager, the heads of all departments, all boards and

commissions appointed by the council, collector of city taxes, license inspector, and

auditor of municipal accounts, in any investigation or hearing held by them, within their

respective powers and duties, may order the attendance of any person as a witness and

the production by any person of all relevant books and papers. Any person refusing or

failing to obey such order may be summoned by the municipal court judge to appear

before him and upon failure to give a satisfactory excuse to said judge may be fined not

exceeding the sum of $100 or imprisoned not exceeding thirty days or both. Witnesses

may be sworn by the officer presiding at such investigation and shall be liable to

prosecution for perjury for any false testimony given at such investigation. (1960, c.

213)

CHAPTER 5

CITY MANAGER

§ 5.1. Appointment and Qualifications.

There shall be a city manager who shall be the executive officer of the city and

shall be responsible to the council for the proper administration of the city government.

He shall be appointed by the council for an indefinite term and may be removed by the

council at any time by a majority vote of all its members. At least sixty days before such

removal shall become effective the council shall advise the manager in writing of the

reason for his removal. The council may suspend the manager from duty (with pay)

during the sixty day period. The manager shall receive such compensation as shall be

fixed by the council, by resolution, and shall devote his entire time to the business of the

city. He shall be chosen solely on the basis of his executive administrative qualifications,

with special reference to his actual experience in or knowledge of accepted practice in

respect to the duties of his office. At the time of his appointment, he need not be a

resident of the city or the Commonwealth, but during his tenure of office he shall reside

within the city. (1960, c. 213)

§ 5.2. Power of Appointment and Removal.

The city manager shall appoint for an indefinite term and remove, subject to the

provisions of Chapter 9 of this charter and except as otherwise provided in this charter,

5/31/2007 15

the heads of all departments and all other officers and employees of the city, except the

school board and constitutional officers, provided that where the council is given power

by this charter to establish a board or commission for any purpose, the council may

provide for the appointment of the members of such board or commission by the city

manager or by the council, and for the appointment by such board or commission of its

employees, and may specify which, if any, of such employees shall not be included in the

classified service. The city manager shall have power to remove any officer or employee

appointed by him or his subordinates, provided that the officer or employee shall have

been served with a written notice of the intention of the city manger to remove him,

containing a clear statement of the grounds for such removal and of the time and place,

not less than ten days after the service of such notice, at which he shall be given an

opportunity to be heard. After such hearing, which shall be public at the option of such

officer or employee, the action of the city manager shall be final. Pending final action,

the city manager may suspend from duty for not more than sixty days any such officer or

employee. (1960, c. 213; 1962, c. 467)

§ 5.3. Council Not to Interfere in Appointment or Removals.

Neither the council nor any of its members shall direct the appointment of any

person to or his removal from any office or employment by the city manager or by any of

his subordinates except as specifically provided in this charter. Except for the purpose of

inquiry, the council and its members shall deal with the administrative services solely

through the city manager, and neither the council nor any member thereof shall give

orders either publicly or privately to any subordinate of the city manager. (1960, c. 213)

§ 5.4. Temporary Transfer of Personnel Between Departments.

The city manager 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 city manager,

to the temporary performance of duties in another department, bureau, office or agency.

(1960, c. 213)

§ 5.5. Duties.

It shall be the duty of the city manager to: (a) attend all meetings of the council

with the right to speak but not to vote; (b) keep the council advised of the financial

condition and the future needs of the city and of all matters pertaining to its proper

administration, and make such recommendations as may seem to him desirable; (c)

prepare and submit the annual budget to the council as provided in Chapter 6 of this

charter and be responsible for its administration after its adoption; (d) prepare in suitable

form for publication and submit to the council not later than sixty days after the end of

each fiscal year of the city a concise, comprehensive report of the financial transactions

and administrative activities of the city government during the preceding fiscal year and

cause to be printed such number of copies thereof as the council shall direct; (e) present

adequate financial and activity reports at each regular meeting of the council; and (f)

perform such other duties as may be prescribed by this charter or required of him in

accordance therewith by the council or which may be required of the chief executive

officer of a city by the general laws of the Commonwealth other than the duties conferred

on the mayor by this charter. (1960, c. 213)

§ 5.6. Relations with Boards, Commissions and Agencies.

Page 16 E:\DLSDATA\PUBS\CHARTERS\COLHTS

The city manager shall have the right to attend and participate in the proceedings

of, but not to vote in, the meetings of all boards, commissions or agencies created by this

charter or by ordinance, except the school board, the personnel board, the board of

zoning appeals, and any other board or commission the council may designate. (1960, c.

213)

§ 5.7. Acting City Manager.

The council shall designate by ordinance one or more department heads to act, in

succession, as city manager in case of the absence, incapacity, death or resignation of the

city manager, until his return to duty or the appointment of his successor. (1960, c. 213;

1981, c. 513)

CHAPTER 6

BUDGETS

§ 6.1. Fiscal and Tax Years.

The fiscal year of the City of Colonial Heights shall begin on the first day of July

and shall end on the thirtieth day of June of the succeeding year. Unless and until

otherwise provided by council by ordinance, the tax year for taxes levied on real estate,

tangible personal property, machinery and tools shall begin on the first day of January

and end on the thirty-first day of December following, and the tax year for all other taxes

shall be fixed by the council by ordinance. Unless and until otherwise provided by

council by ordinance, the rates of all taxes and levies, except on new sources of tax

revenue, shall be fixed before the beginning of the tax year. The council shall have the

power and may by ordinance provide for the tax year for taxes levied on real estate, or

tangible personal property, or machinery and tools, or all other taxes to begin on the first

day of July and end on the thirtieth day of June of the succeeding year. The council shall

also have the power to fix the rates or levies on real estate, or tangible personal property,

or machinery and tools, or all other taxes at the time of adoption of the general fund

budget. (1960, c. 213; 1966, c. 232)

§ 6.2. Budget and Levy for the Fiscal Year 1966-1967.

a. Upon the passage of this act, the City Manager shall prepare and submit to the

council, for its information, a general fund budget for the ensuing fiscal year beginning

July 1, 1966, and ending June 30, 1967, based upon detailed estimates furnished by the

several departments and other divisions of the city government.

b. A brief synopsis of the general fund budget for the fiscal year beginning July

1, 1966, and ending June 30, 1967, shall be published in a newspaper having a general

circulation within the city and notice given of a public hearing at least seven days prior to

the date set for hearing, at which any citizen of the city shall have the right to attend and

state his views thereon.

c. Upon the passage of this act and after due notice has been given as provided in

§ 6.2 b, council shall adopt a general fund budget for the fiscal year beginning July 1,

1966, and ending June 30, 1967, and council shall at the time of the adoption of said

budget lay its levy, if any, at such rates fixed by council at the time of such levy and

adoption of said budget, on all real estate, tangible personal property, machinery and

tools, and all other sources of tax revenue subject to taxation for city purposes. Upon

5/31/2007 17

final adoption, the general fund budget shall be in effect for the fiscal year beginning July

1, 1966, and ending June 30, 1967. (1960, c. 213; 1966, c. 232)

§ 6.3. Submission of Budgets.

The city manager, at least sixty (60) days prior to the beginning of each budget

year, shall submit to the council a general budget. As used in this charter, the term

"budget year" shall mean the fiscal year for which any particular budget is adopted and in

which it is administered. (1960, c. 213)

§ 6.4. Preparation of Budgets.

It shall be the duty of the head of each department, each board or commission and

each other office or agency supported in whole or in part by the city, including the

commissioner of revenue, city attorney, commonwealth attorney, and the city sergeant, to

file with the city manager or with the director of finance designated by him, at such time

as the city manager may prescribe, estimates of revenue and expenditure for that

department, board, commission, office or agency for the ensuing fiscal year. Such

estimates shall be submitted on the forms furnished by the director of finance and it shall

be the duty of the head of each such department, judge, board, commission, office or

agency to supply all the information which the city manager may require to be submitted

thereon. The director of finance shall assemble and compile these estimates and supply

such additional information relating to the financial transaction of the city as may be

necessary or valuable to the city manager in the preparation of the budgets. The city

manager shall hold such hearings as he may deem advisable and with the assistance of

the director of finance shall review the estimates and other data pertinent to the

preparation of the budgets and make such revisions in such estimates as he may deem

proper, subject to the laws of the Commonwealth relating to obligatory expenditures for

any purpose. The school board shall furnish a copy of its budget to the city manager.

(1960, c. 213)

§ 6.5. Scope of the General Budget.

In respect to the public schools there shall be included only the total amount to be

appropriated by the city for their support. The general fund budget shall be prepared in

accordance with accepted principles of municipal accounting and budgetary procedures

and techniques and shall contain:

(a) An estimate of such portion of the general fund cash surplus, if any, at the end

of the current fiscal year as it is proposed to use for meeting expenditures in the general

budget.

(b) An estimate of the receipts from current ad valorem taxes on real estate and

personal property during the ensuing fiscal year.

(c) An estimate of receipts from all other sources of revenue.

(d) A statement to be furnished by the director of finance of the debt service

requirements for the ensuing year.

(e) An estimate of the city's cash deficit, if any, at the end of the current fiscal

year and of any other obligations required by this charter to be budgeted for the ensuing

fiscal year.

(f) An estimate of expenditures for all other purposes to be met in the ensuing

fiscal year.

All the estimates shall be in detail, showing receipts by sources and expenditures

by operating units, functions, character and object, so arranged as to show receipts and

Page 18 E:\DLSDATA\PUBS\CHARTERS\COLHTS

expenditures as estimated for the current fiscal year and actual receipts and expenditures

for the last preceding fiscal year in comparison with estimated receipts and recommended

expenditures for the ensuing year. At the head of the budget there shall appear a

summary of the budget, which need not be itemized further than by principal sources of

anticipated revenue, stating separately the amount to be raised by property tax, and by

departments and kinds of expenditures, in such a manner as to present a simple and clear

summary of the detailed estimates of the budget. (1960, c. 213)

§ 6.6. A Balanced Budget.

In no event shall the expenditures recommended by the city manager in the

general budget exceed the receipts estimated, taking into account the estimated cash

surplus or deficit at the end of the current fiscal year, as provided in the preceding

section, unless property assessments have been raised or unless the city manager shall

recommend an increase in the rate of ad valorem taxes on real estate and tangible

personal property or other new or increased taxes or licenses within the power of the city

to levy and collect in the ensuing fiscal year the receipts from which, estimated on the

basis of the average experience with the same or similar taxes during the three tax years

last past, will make up the difference. If estimated receipts exceed estimated expenditures

the city manager may recommend revisions in the tax and license ordinances of the city,

in order to bring the general fund budget into balance. (1960, c. 213)

§ 6.7. Budget Message.

The budget message submitted by the city manager to the council shall be

explanatory of the budget, shall contain an outline of the proposed financial policies of

the city for the budget year and shall describe in connection therewith the important

features of the budget plan. It shall set forth the reasons for salient changes from the

previous year in cost and revenue items and shall explain any major changes in financial

policy. As a part of the budget message, with relation to the proposed expenditures for

down payments and other proposed expenditures for capital projects stated in the budget,

the city manager shall include a statement of pending capital projects and proposed new

capital projects, relating the respective amounts proposed to be raised therefor by

appropriations in the budget and the respective amounts, if any, proposed to be raised

therefor by the issuance of bonds during the budget year. (1960, c. 213)

§ 6.8. Appropriation and Additional Tax Ordinances.

At the same time that he submits the general fund budget the city manager shall

present to the council a general appropriation ordinance. The appropriation ordinance

shall be based on the general fund budget but need not be itemized further than by

departments and the major operating units thereof, and by courts, bureaus, boards,

commissions, offices and agencies submitting separate budget estimates, and by the

principal object of expenditures. At the same time the city manager shall also present

any ordinance or ordinances altering the tax rate on real estate and personal property or

levying a new tax or altering the rate of any other tax necessary to balance the general

fund budget as hereinbefore provided. The hearing on the budget plan as a whole, as

provided in this chapter shall constitute the hearing on all ordinances referred to in this

subsection. (1960, c. 213)

§ 6.9. Budget a Public Record.

The budget and budget message and all supporting schedules shall be a public

record in the office of the city manager open to public inspection after the budget has

5/31/2007 19

been submitted to the council and made public by it; provided, however, that no

department or agency, head or judge or board or commission, manager, or director of

finance shall divulge details of the proposed budget or make public statements regarding

budget estimates until the budget has been submitted to the council and made public by

it. The city manager on authorization from the council shall cause sufficient copies of the

budget and budget message to be prepared for distribution to interested persons. (1960,

c. 213)

§ 6.10. Publication of Notice of Public Hearing.

At the meeting of the council at which the budget and budget messages are

submitted, the council shall determine the place and time of the public hearing on the

budget, which time shall be at least thirty days prior to the beginning of each budget year,

and shall cause to be published a notice of the place and time, not less than seven days

prior to the date of the public hearing. (1960, c. 213)

§ 6.11. Public Hearing on Budget.

At the time and place so advertised, or at any time and place to which such public

hearing shall from time to time be adjourned, the council shall hold a public hearing on

the budget as submitted, at which all interested persons shall be given an opportunity to

be heard, for or against the estimates or any item thereof. (1960, c. 213)

§ 6.12. Action by the Council on the General Budget.

After the conclusion of the public hearing on the general budget the council may

insert new items of expenditures or may increase, decrease or strike out items of

expenditure in the general fund budget, except that no item of expenditure for debt

service as required by law shall be reduced or stricken out. The council shall in no event

adopt a general budget in which the total of expenditures exceeds the receipts, estimated

as hereinbefore provided, unless at the same time it adopts measures for providing

additional revenue in the ensuing fiscal year, estimated as hereinbefore provided,

sufficient to make up the difference. (1960, c. 213)

§ 6.13. Adoption of Budget.

The budget shall be adopted by the votes of at least a majority of all the members

of the council. The budget shall be finally adopted not later than the last day of the last

month of the fiscal year. Should the council take no final action on or prior to such day,

the budget, as submitted, shall be deemed to have been finally adopted by the council.

(1960, c. 213)

§ 6.14. Effective Date of General Fund Budget; Certification; Copies Made

Available.

Upon final adoption, the general fund budget shall be in effect for the ensuing

fiscal year. A copy of such budget as finally adopted shall be certified by the city

manager and city clerk and filed in the office of the director of finance. The general fund

budget so certified shall be printed, mimeographed or otherwise reproduced and

sufficient copies thereof shall be made available for the use of all departments, courts,

boards, commissions, offices and agencies and for the use of interested persons and

organizations. (1960, c. 213)

§ 6.15. Transfer of Appropriations.

At the request of the city manager, the council may during the fiscal year, by

resolution, order the transfer of any unencumbered balance, or portion thereof, in any

Page 20 E:\DLSDATA\PUBS\CHARTERS\COLHTS

general fund appropriation from one department, board, commission, office or agency to

another. (1960, c. 213; 1962, c. 467)

§ 6.16. School Budget.

It shall be the duty of the school board to file its budget estimates with the city

manager at the same time as other departments and in the form prescribed by the city

manager. The action of the city manager and council on the school budget shall relate to

its total only and the school board shall have authority to expend in its discretion the sum

appropriated for its use, provided that if it receives an appropriation greater or less than

its original request, it shall forthwith revise its estimates of expenditure and adopt

appropriations in accordance therewith. The school board shall before the beginning of

the fiscal year file with the city manager its budget as finally revised and its

appropriations based on said revised budget, which need not be itemized further than by

operating units and principal objects of expenditure. They shall have power to order

during the course of the fiscal year transfers from one item of appropriation to another,

notice of which shall be immediately transmitted to the city manager. The school board,

notwithstanding the provisions contained in § 6.9 of this charter, may hold a public

hearing on the school board budget at any time after the school board has filed its budget

estimates with the city manager and prior to the adoption of the general fund budget of

the city by council. (1960, c. 213; 1962, c. 467; 1968, c. 474)

§ 6.17. Additional Appropriations.

An appropriation in addition to those contained in the general appropriation

ordinance, except for the purpose of meeting a public emergency as provided for

elsewhere in this charter, may be made by the council, by a majority affirmative vote of

the entire council, only if there is available in the general fund a sum unencumbered and

unappropriated sufficient to meet such appropriation. (1960, c. 213; 1962, c. 467)

§ 6.18. Appropriations to Lapse.

Any portion of an annual appropriation remaining unexpended and unencumbered

at the close of the fiscal year shall lapse, except that any balance remaining in the funds

of the school board at the end of the fiscal year shall remain to the credit of that board

and an estimate of any such balance shall be included in the school budget of the ensuing

year as an estimated receipt. (1960, c. 213)

§ 6.19. Certification of Funds.

No payment shall be made and no obligation incurred by or on behalf of the city

except in accordance with an appropriation duly made; provided that the council shall

have the power to authorize and direct and making of expenditures and contracts for the

expenditure of funds not appropriated in any budget for the then current fiscal year. No

payment shall be made from or obligation incurred against any allotment or

appropriation, except those of the School Board, unless the director of finance shall first

certify that there is a sufficient unexpended and unencumbered balance in such allotment

or appropriation to meet the same; provided that nothing herein shall be taken to prevent

the advance authorization of expenditures for small purchases as provided in this charter.

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 shall

5/31/2007 21

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 shall be cause

for his removal. (1960, c. 213; 1980, c. 206)

§ 6.20. Reserve for Permanent Public Improvements.

The council may, by ordinance, establish a reserve fund for permanent public

improvements and may appropriate thereto any portion of the general fund cash surplus

not otherwise appropriated at the close of any fiscal year. It may likewise assign to the

said fund a specified portion of the ad valorem tax on real estate and tangible property

not to exceed ten cents on $100 of the assessed valuation thereof or the whole or part of

the proceeds of any other tax. Appropriations from the said fund shall be made only to

finance permanent public improvements. (1960, c. 213)

CHAPTER 7

BORROWING

§ 7.1. Borrowing Power.

The council may, in the name and for the use of the city, incur indebtedness by

issuing its negotiable bonds or notes for the purposes, in the manner provided in this

chapter, and to the extent provided in this chapter and under the general law. (1960, c.

213)

§ 7.2. Purposes for Which Bonds or Notes May be Issued.

(a) To finance capital projects. Bonds, and notes in anticipation of bonds when

the issue of bonds has been authorized as hereinafter provided, may be issued for the

purpose of financing the whole or any part of the costs of any capital improvement

project which is hereby defined to include any public improvement or utility which the

city is authorized to undertake, including the acquisition of any property, real or personal,

incident thereto, the construction or reconstruction in whole or in part of any building,

plant, structure or facility necessary or useful in carrying out the powers of the city, and

the equipment or reequipment of the same.

(b) To anticipate the collection of revenue. Notes may be issued when

authorized by the council, at any time during the fiscal year in anticipation of the receipt

of taxes and revenue of the current fiscal year.

(c) To finance increased operating expenses. Notes to be repaid within four

years of the date of issuance may be issued when authorized by the council for the

purpose of meeting increased operating expenses, including debt service, provided,

however, that no notes shall be issued pursuant to the authority of this section after

January 1, 1965.

(d) To provide for emergency expenditures. Notes may be issued to finance an

appropriation for the purpose of meeting a public emergency, as provided in subsection

(c) of § 2.3 of this charter, when authorized by the ordinance making such appropriation.

Notes so issued shall be authenticated by the signature of the city manager and city

treasurer and shall mature not later than twelve months after the date of issue. Bonds

may be issued, when authorized as hereinafter provided, for the purpose of funding such

notes or other obligations incurred in accordance with such appropriation.

(e) To refund outstanding bonds. Bonds may be issued, when authorized as

hereinafter p