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- Subject Index: Since 1995
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1995 SESSION
LD5141260Be it enacted by the General Assembly of Virginia:
1. That §§ 4.12, 6.17, 20.01 and 20.02, as severally amended, of Chapter 116 of the Acts of Assembly of 1948 are amended and reenacted as follows:
§ 4.12. Same; submission of proposition to the qualified voters of the city.
The council shall have authority to order, by resolution directed to the
circuit court of the City of Richmond, Division I, or the chief judge
thereof in vacation, the submission to the qualified voters of the city
for an advisory referendum thereon any proposed ordinance or amendment to the
City Charter. Upon the receipt of such resolution, the circuit
court of the City of Richmond, Division I, or the chief judge thereof in
vacation shall order an election to be held thereon not less than
thirty nor more than sixty days after the receipt of such resolution. The
election shall be conducted and the result 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. in accordance with the
applicable provisions of Article 5, Chapter 6 of Title 24.2 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 clerk of the
circuit court of the City of Richmond, Division I, he shall
forthwith certify that fact to the court or the judge thereof in
vacation. The signatures to such petition shall be verified by attaching
thereto a certificate of an officer or officers authorized to administer
oaths, that the persons whose names are signed thereto made oath before such
officer or officers that they are qualified voters of the city.
The process and requirements for voter petitions established under state law
shall be applicable to voter petitions provided for under this section,
except to the extent of any conflict with requirements set forth in this
Charter. Upon the certification of such petition, the
circuit court, Division I, of the City of Richmond
or the chief judge thereof in vacation shall order an election to
be held not less than thirty nor more than sixty days after such
certification , in accordance with the applicable provisions of
Article 5, Chapter 6 of Title 24.2 of the Code of Virginia, 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 approved the proposed amendment such result shall be
communicated by the clerk of the circuit court, Division I,
of the City of Richmond to the two houses of the General Assembly
and to the representatives of the city therein in the
General Assembly with the same effect as if the council had adopted a
resolution requesting the General Assembly to adopt the amendment.
§ 6.17. Additional appropriations.
An appropriation in addition to those contained in the general fund
appropriation ordinance, except for the purpose of meeting a public emergency
as provided in subsection (d) of section 2.02 of this charter, may be made by
the council, by not less than six affirmative votes, only on the
recommendation of the city manager and only if the director of finance
certifies in writing that there is available in the general fund a sum
unencumbered and unappropriated sufficient to meet such appropriation. An
appropriation made to "Reserve for Contingencies," or such sum as shall
remain in said appropriation, until allocated for a definite and specific
purpose, shall be unencumbered and available for allocation at any time
during the fiscal year and the director of finance may certify all or part of
said appropriation as unencumbered and available to meet such allocation. No
additional appropriations may be made by council in any current fiscal year
from any general fund balance of a previous year which is not contained in
the estimate of revenue for the general fund budget for such current fiscal
year. At any time during the fiscal year when reimbursements or payments
from the Commonwealth of Virginia or the United States of America for
specified purposes exceed budget estimates of anticipated revenue for such
purposes, such excess reimbursements or payments may be included in the
general fund unencumbered and unappropriated balances and may be appropriated
for such specified purpose, whether such grants be termed categorical or for
general purposes. Additional appropriations may be made by the council, by
not less than six affirmative votes, from the funds of any utility for the
operation of that utility, and by the school board, by not less than
four six affirmative votes, from school funds for
school purposes, but only if the director of finance certifies in writing
that there is available in the funds of the utility or school board, as the
case may be, a sum unencumbered and unappropriated sufficient to meet such
appropriation.
§ 20.01. School board.
The school board shall consist of nine trustees. One trustee shall be
elected from each of the nine council districts and shall be a qualified
voter of that district. Elections of school board trustees shall be
held as follows:
(1) at the May 1994 municipal elections, nine trustees shall be elected
to serve two-year terms;
(2) at the May 1996 municipal elections, nine trustees shall be elected
to serve four-year terms;
(3) at the May municipal elections every four years thereafter, there
shall be elected trustees equal in number to the trustees whose terms expire
in that year.
The time of election and terms of members of the school board shall be the same as the time of election and terms of the members of the council.
Trustees shall take office July 1 following their 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. 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.
§ 20.02. Richmond Public Library Board.
There shall continue to be a Richmond public library board which
shall consist of seven nine members. Of these members
one shall be a member of the council appointed by the council for a term
coincident with his term in the council; one shall be the superintendent of
the Richmond public schools, or a designee; and five
seven shall be qualified voters of the city appointed by the
council for terms of three years. The members of the Richmond public
library board in office on January one, nineteen hundred seventy-eight, shall
each continue to serve as members of the board until the expiration of the
term for which he was appointed. Upon the expiration of such term his
successor shall be appointed by the council for a term of three years.
Vacancies shall be filled by the council for the unexpired portion of
the term. The Richmond public library board shall have the management and
control of the public libraries of the city and shall have such powers and
duties with respect thereto as are conferred or imposed on it by this charter
and by ordinance.
2. That an emergency exists and this act is in force from its passage.