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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1427 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-1427. Adoption of ordinances and resolutions generally; amending or repealing ordinances.
A. Unless otherwise specifically provided for by the Constitution or by other general or special law, an ordinance may be adopted by majority vote of those present and voting at any lawful meeting.
B. On final vote on any such ordinance or resolution, the
name of each member of the governing body voting and how he voted shall be
recorded. The governing body may adopt an ordinance or resolution by a
recorded voice vote unless otherwise provided by law, or any member calls for a
roll call vote. Such An ordinance shall become
effective upon adoption or upon a date fixed by the governing body.
C. All ordinances or resolutions heretofore adopted by a governing body shall be deemed to have been validly adopted, unless some provision of the Constitution of Virginia or the Constitution of the United States has been violated in such adoption.
D. An ordinance may be amended or repealed in the same manner, or by the same procedure, in which, or by which, ordinances are adopted.
E. An amendment or repeal of an ordinance shall be in the form of an ordinance which shall become effective upon adoption or upon a date fixed by the governing body, but, if no effective date is specified, then such ordinance shall become effective upon adoption.
F. In counties, except as otherwise authorized by law, no ordinance shall be
passed until after descriptive notice of an intention to propose the ordinance
for passage has been published once a week for two successive weeks prior to
its passage in a newspaper having a general circulation in the county. The
second publication shall not be sooner than one calendar week after the first
publication. The publication shall include a statement either that the
publication contains the full text of the ordinance or that a copy of the full
text of the ordinance is on file in the clerk's office of the circuit court of
the county or in the office of the county administrator; or in the case of any
county organized under the form of government set out in Chapters
Chapter 5, 7 or 8 of this title, a statement that a copy of the full
text of the ordinance is on file in the office of the clerk of the county
board. Even if the publication contains the full text of the ordinance, a
complete copy shall be available for public inspection in the offices named
herein.
In counties, emergency ordinances may be adopted without prior notice; however, no such ordinance shall be enforced for more than sixty days unless readopted in conformity with the provisions of this Code.
G. In towns, no tax shall be imposed except by a two-thirds vote of the council members.
2. That the provisions of this act are declarative of existing law.