SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.28 and 2.29, as amended, of Chapter 209 of the Acts of Assembly of 1968 are amended and reenacted as follows:
§ 2.28. Director of finance.
The city manager shall appoint a director of finance with
the concurrence of city council, who shall have such powers, duties and
obligations in connection with the management and supervision of the fiscal
affairs of the city as the city council shall direct by ordinance.
§ 2.29. City attorney.
The city attorney may be appointed, elected, or
employed at the time, in the manner, and for the term provided by the
provisions of this charter or by ordinance. He The city attorney
shall at the time of his appointment be a practicing attorney qualified in the Commonwealth of Virginia for the practice of law. He The city attorney shall
be the legal adviser of and the attorney and counsel for the city and the
school board of the city, and defend all suits, actions and proceedings
against the same, and shall prepare all contracts, bonds and other instruments
in writing, in which the city or the school board of the city are is
interested or concerned, and shall endorse on each his approval of the form and
correctness thereof, provided that in the case of bonds to be issued by the
city, it shall be sufficient if he the city attorney certify to
the council his approval thereof as to form in a separate writing, to be filed
and preserved with the records of the council.
The council, the city manager, or any officer, board or commission may require the written opinion of the city attorney upon any question of law involving their respective powers and duties.
The city attorney upon request of the council shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication and/or misuse of the funds or property of the city, or the evasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption.
When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require.
In case any officer, board or commission shall fail to perform
any duty required by law the city attorney, upon request of the council, shall
apply to a court of competent jurisdiction for a writ of mandamus to compel the
performance of such duty. Wherever the city or the school board shall
purchase or otherwise acquire real estate or any interest therein, unless other
provision is made by the council, the city attorney shall examine and certify
the title thereto before the purchase price thereof shall be paid. The city
attorney shall perform such other duties as may be required by him by ordinance
or resolution of the council, and shall be paid such salary or compensation as
the council may from time to time prescribe, including earned fees above the
retainer fee or salary established by council.