SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION


CHAPTER 518
An Act to amend and reenact §§ 3.1, 4.3, 4.5 and 20.2, as amended, of Chapter 213 of the Acts of Assembly of 1960, which provided a charter for the City of Colonial Heights, relating to the city council and school board.
[H 56]
Approved April 12, 2004

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1, 4.3, 4.5 and 20.2, as amended, of Chapter 213 of the Acts of Assembly of 1960 are amended and reenacted as follows:

§ 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 July 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. On the second Tuesday in June, 1968, At the regular November election in 2004, and on the second Tuesday in June 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 July January following their election, provided, that the members of council elected on the second Tuesday in June, 1968, shall not take office until the first day of September, 1968, and that the terms of such members thereof shall end on the first day of July, 1972. On the second Tuesday in June, 1970, At the regular November election in 2006, and on the second Tuesday in June 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 July January following their election, provided, that the members of council elected on the second Tuesday in June, 1970, shall not take office until the first day of September, 1970, and that the terms of such members thereof shall end on the first day of July, 1974. 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.

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.

§ 4.3. Mayor and vice mayor.

On the first second day in September, 1968, on the first day of September, 1970, on the first day of July, 1972, and on the first day of July 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 vice mayor for the ensuing two years. The 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 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 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 $50.00 $50 per month. The vice-mayor vice mayor, in addition to his salary as a councilman, shall receive an additional salary of $25.00 $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.

§ 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 eight o'clock 7:30 P.M. on the first second day of July January following their election, or if such day shall fall on Saturday, Sunday or a holiday, then on the following day, provided, that the council elected under this charter on the second Tuesday in June, 1968, and on the second Tuesday in June, 1970, shall hold its first meeting on the first day of September following their election, or if such day shall fall on 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 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 forty-eight 48 hours.

§ 20.2. School Board.

The school board shall consist of five trustees who shall be qualified voters of the city. The trustees in office at the effective date of this act are hereby continued in office for the term for which they were elected members and shall be elected as provided by general law.

On the third Tuesday in June, 1970, the council shall elect two trustees to serve from the first day of July following their election until August 31, 1973, and on the third Tuesday in June, 1971, the council shall elect one trustee to serve from the first day of July following his election until August 31, 1974.

On the third Tuesday in August, 1972, and at the regular meeting of council in August every three years thereafter, the council shall elect two trustees for a term of three years from the first day of September following their election and on the third Tuesday in August, 1973, and at the regular meeting of council in August every three years thereafter the council shall elect two trustees for a term of three years from the first day of September following their election. On the third Tuesday in August, 1974, and at the regular meeting of council in August every three years thereafter, the council shall elect one trustee for a term of three years from the first day of September following his election. Except as provided in this charter the school board shall have all the powers and duties relating to the management and control of the public schools of the city provided by the general laws of the Commonwealth, including right of eminent domain within and without the city. None of the provisions of this charter shall be interpreted to refer to or include the school board unless the intention so to do is expressly stated or is clearly apparent from the context.

The salary of school board trustees and clerk of the school board members shall be as determined by ordinance adopted by the city council.

In addition to the authority conferred upon the city by Chapter 7, the school board may borrow from the Literary Fund of Virginia or from such other sources as may be made available to it by general law.

The school board shall meet annually in July, 1970, and July, 1971; thereafter the school board shall meet annually during September January, at which time the board shall fix the time for holding regular meetings for the ensuing year, elect one of its members chairman and on recommendation of the division superintendent, elect or appoint a competent person as clerk of the school board, and shall fix his compensation. The chairman and clerk shall be selected annually.