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Constitution, shall be construed to include the body which, under any form of municipal government, shall be vested with the principal legislative authority of such municipality.
The General Assembly, for the purpose of this article, may classify cities according to their population, but the maximum population prescribed for any class shall exceed the minimum for the same class by at least ten thousand. The General Assembly, at the request, made in manner which may be prescribed by law, of any city having a population of over fifty thousand inhabitants, may grant a special form of government for such city.
Any laws or charters enacted pursuant to the provisions of this section shall be subject to the provisions of this Constitution relating expressly to judges and clerks of courts, attorneys for the Commonwealth, commissioners of revenue, city treasurers and city sergeants.4
SEC. 118. In each city which has a court in whose office deeds are admitted to record, there shall be elected for a term of eight years by the qualified voters of such city a clerk of said court, who shall perform such other, duties as may be required by law.
There shall be elected in like manner and for a like term all such additional clerks of courts for cities as the General Assembly may prescribe, or as are now authorized by law, so long as such courts shall continue in existence. But in no city of less than thirty thousand inhabitants shall there be more than one clerk of the court, who shall be clerk of all the courts of record in such city.
SEC. 119. In every city, so long as it has a corporation court, or a separate circuit court, there shall be elected for a term of four years by the qualified voters of such city, one attorney for the Commonwealth, who shall also, in those cities having a separaté circuit court, be the attorney for the Commonwealth for such circuit court.
In every city there shall be elected for a term of four years, in a manner to be provided by law, one commissioner of revenue, whose duties and compensation shall be prescribed by law.5
SEC. 120. In every city there shall be elected by the qualified voters thereof one city treasurer, for a term of four years; one city sergeant, for a term of four years, whose duties shall be prescribed by law; and a mayor, for a term of four years, who shall be the chief executive officer of such city. All city and town officers, whose election or appointment is not provided for by this onstitution, shall be elected by the electors of such cities or towns, or of ome division thereof, or appointed by such authorities thereof as the General Assembly shall designate.
The mayor shall see that the duties of the various city officers, members f the police and fire departments, whether elected or appointed, in and for ich city, are faithfully performed. He shall have power to investigate their ts, have access to all books and documents in their offices, and may examine em and their subordinates on oath. The evidence given by persons so examed shall not be used against them in any criminal proceedings. He shall also ve power to suspend such officers, and the members of the police and fire partments, and to remove such officers, and also such members of said dertments when authorized by the General Assembly, for misconduct in office neglect of duty, to be specified in the order of the suspension or removal, t no such removal shall be made without reasonable notice to the officer comined of, and an opportunity afforded him to be heard in person, or by msel, and to present testimony in his defense. From such order of sussion or removal, the city officer so suspended or removed shall have an
* Amendment proposed and adopted by the general assembly of 1910, re-adopted the general assembly of 1912, and ratified on Nov. 5, 1912.
Amendment proposed and adopted by the general assembly of 1908, re-adopted the general assembly of 1910, and ratified on Nov. 8, 1910. By virtue of an error rafting the measure by which amended section 119 and amended section 120 were mitted to the electors, both sections were submitted as a single proposition and ed on together instead of separately as the constitution provides. Accordingly the eral assembly of 1912 re-submitted sections 119 and 120 as separate propositions they were approved separately on Nov. 5, 1912.
appeal of right to the corporation court, or, if there be no such court, to the circuit court of such city, in which court the case shall be heard de novo by the judge thereof, whose decision shall be final. He shall have all the other powers and duties which may be conferred and imposed upon him by general laws.6
SEC. 121. There shall be in every city a council, composed of two branches having a different, number of members, whose powers and terms of office shall be prescribed by law, and whose members shall be elected by the qualified voters of such city, in the manner prescribed by law, but so as to give, as far as prac ticable, to each ward of such city, equal representation in each branch of said council in proportion to the population, of such ward; but in cities of under ten thousand population the General Assembly may permit the council to consist of one branch. No member of the council shall be eligible during his tenure of office as such member, or for one year thereafter, to any office to be filled by the council by election or appointment, The council of every city may, in a manner prescribed by law, increase or diminish the number, and change the boundaries of the wards thereof, and shall, in the year nineteen hundred and three, and in every tenth year thereafter, and also whenever the boundaries of such wards are changed, re-apportion the representation in the council among the wards in a manner prescribed by law; and whenever the council of any such city shall fail to perform the duty so prescribed, a mandamus shall lie on behalf of any citizen thereof to compel its performance.
SEC. 122. The mayors and councils of cities shall be elected on the second Tuesday in June, and their terms of office shall begin on the first day of September succeeding. All other elective officers, provided for by this article, or hereafter authorized by law, shall be elected on the Tuesday after the first Monday in November, and their terms of office shall begin on the first day of January succeeding, except that the terms of office of clerks of the city courts shall begin coincidently with that of the judges of said courts; provided, that the General Assembly may change the time of election of all or any of the said officers, except that the election and the beginning of the terms of mayors and councils of cities shall not be made by the General Assembly to occur at the same time with the election and beginning of the terms of office of the other elective officers provided for by this Constitution.
SEC. 123. Every ordinance, or resolution haying, the effect of an ordinance. shall, before it becomes, operative, be presented to the mayor. If he approve he shall sign it; but if not, if the council consist of two branches, he may return it, with his objections in writing, to the clerk, or other recording officer, of that branch in which it originated; which branch shall enter the objections at length on its journal and proceed to. reconsider it. If, after such consideration. two-thirds of all the members elected thereto shall agree to pass the ordinance or resolution, it shall be sent, together with the objections, to the other branch. by which it shall likewise be considered, and if approved by two-thirds of ali the members elected, thereto, it shall become operative notwithstanding the ob jections of the mayor. But in all such cases the votes of both branches of the council shall be determined by yeas and nays, and the names of the members voting for and against the ordinance or resolution shall be entered on the journal of each branch. If the council consists of a single branch, the mayor's objections in writing to any ordinance, or resolution haying the effect of an ordinance, shall be returned to the clerk, or other recording officer of the council, and be entered at length on its journal; whereupon the council shail proceed to reconsider the same. Upon such consideration the vote shall be taken in the same manner as where the council consists of two branches, and if the ordinance or resolution be approved by two-thirds of all the members elected to the council, it shall become operative notwithstanding the objections of the mayor. If any ordinance or resolution shall not be returned by the mayor within five days (Sundays excepted), after it shall have been presented to him.
Amendment proposed and adopted by the general assembly of 1908, re-adopts d by the general assembly of 1910, and ratified on Nov. 8, 1910. Re-submitted by the general assembly of 1912 and re-adopted on Nov. 5, 1912. See Note No. 5.
shall become operative in like manner as if he had signed it, unless his term f office, or that of the council, shall expire within said five days.
The mayor shall have the power to veto any particular item or items of n appropriation ordinance or resolution; but the veto shall not affect any item r items to which he does not object. The item or items objected to shall not ke effect except in the manner provided in this section as to ordinances or esolutions not approved by the mayor. No ordinance or resolution appropriang money exceeding, the sum of one hundred dollars, imposing taxes, or auorizing the borrowing of money, shall be passed, except by a recorded affirmive vote of a majority of all the members elected to the council or to each ranch thereof where there are two; and in case of the veto by the mayor of ich ordinance or resolution, it shall require a recorded affirmative vote of vo-thirds of all the members elected to the council, or to each branch thereof here there are two, to pass the same over such veto in the manner provided this section. Nothing contained in this section shall operate to repeal or nend any provision in any existing city charter requiring a two-thirds vote r the passage of any ordinance as to the appropriation of money, imposing xes or authorizing the borrowing of money,
SEC. 124. No street railway, gas, water, steam, or electric heating, electric ht or power, cold storage, compressed air, viaduct, conduit, telephone, or idge, company, nor any corporation, association, person or partnership, enged in these or like enterprises, shall be permitted to use the streets, alleys, public grounds of a city or town without the previous consent of the cor rate authorities of such city or town.
SEC. 125. The rights of no city or town in and to its water front, wharf operty, public landings, wharves, docks, streets, avenues, parks, bridges, and her public places, and its gas, water, and electric works shall be sold except an ordinance or resolution passed by a recorded affirmative vote of threeurths of all the members elected to the council, or to each branch thereof here there are two, and under such other restrictions as may be imposed by v; and in case of the veto by the mayor of such an ordinance or resolution, shall require a recorded affirmative vote of three-fourths of all the members cted to the council, or to each branch thereof where there are two, had in • manner heretofore provided for in this article, to pass the same over veto. No franchise, lease or right of any kind to use such public property any other public property, or easement of any description, in a manner not mitted to the general public, shall be granted for a longer period than thirty Before granting any such franchise or privilege for a term of years, ept for a trunk railway, the municipality shall first, after due advertisent, receive bids therefor publicly, in such manner as may be provided by , and shall then act as may be required by law. Such grant, and any conct in pursuance thereof, may provide that upon the termination of the grant plant, as well as the property, if any, of the grantee in the streets, avees, and other public places shall thereupon, without compensation to the ntee, or upon the payment of a fair valuation therefor, be and become the perty of the said city or town; but the grantee shall be entitled to no payats by reason of the value of the franchise; and any such plant or property uired by a city or town may be sold or leased, or, if authorized by law. ntained, controlled and operated, by such city or town. Every such grant 1 specify the mode of determining any valuation therein provided for, and I make adequate provision by way of forfeiture of the grant, or otherwise, secure efficiency of public service at reasonable rates, and the maintenance he property in good order throughout the term of the grant. Nothing herein ained shall be construed as preventing the General Assembly from prebing additional restrictions on the powers of cities and towns in granting chises or in selling or leasing any of their property, or as repealing any itional restrictions now required in relation thereto in any existing municcharter.
SEC. 126. The General Assembly shall provide by general laws for the
extension and the contraction, from time to time, of the corporate limits of cities and towns; and no special act for such purpose shall be valid.
SEC. 127. No city or town shall issue bonds or other interest-bearing obligations for any purpose, or in any manner, to an amount which, including existing indebtedness, shall, at any time, exceed eighteen per centum of the assessed valuation of the real estate in the city or town subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that nothing above contained in this section shall apply to those cities and towns whose charters existing at the adoption of this Constitution authorize a larger percentage of indebtedness than is authorized by this section; and provided further, that in determining the limitation of the power of a city or town to incur indebtedness; there shall not be included the following classes of indebtedness.
(a) Certificates of indebtedness, revenue bonds or other obligations issued in anticipation of the collection of the revenue of such city or town for the then current year, provided, that such certificates, bonds or other obligations mature within one year from the date of their issue, and be not past due, and do not exceed the revenue for such year.
(b) Bonds authorized by an ordinance enacted in accordance with section One Hundred and Twenty-three, and approved by the affirmative vote of the majority of the qualified voters of the city or town voting upon the question of their issuance, at the general election next succeeding the enactment of the ordinance, or at a special election held for that purpose, for a supply of water or other specific undertaking from which the city or town may derive revenue: but from and after a period to be determined by the council, not exceeding five years from the date of such election, whenever and for so long as such under taking fails to produce sufficient revenue to pay for cost of operation and administration (including interest on bonds issued therefor, and the cost of insurance against loss by injury to persons or property), and an annual amount to be covered into a sinking fund sufficient to pay, at or before maturity, all bonds issued on account of said undertaking, all such bonds outstanding shall be included in determining the limitation of the power to incur indebtedness, unless the principal and interest thereof be made payable exclusively from the receipts of the undertaking.
SEC. 128. In cities and towns the assessment of real estate and personal property for the purpose of municipal taxation, shall be the same as the assess ment thereof for the purpose of State taxation, whenever there shall be a State assessment of such property.
EDUCATION AND PUBLIC INSTRUCTION.
SEC. 129. The General Assembly shall establish and maintain an efficient system of public free schools throughout the State.
SEC. 130. The general supervision of the school system shall be vested in a State Board of Education, composed of the Governor, Attorney General, Superintendent of Public Instruction, and three experienced educators to be elected quadrennially by the Senate, from a list of eligibles, consisting of one from each of the faculties, and nominated by the respective boards of visitors or trustees, of the University of Virginia, the Virginia Military Institute, the Vir ginia Polytechnic Institute, the State Female Normal School at Farmville, the School for the Deaf and Blind, and also of the College of William and Mary. so long as the State continues its annual appropriation to the last named institution.
The board thus constituted shall select and associate with itself two division superintendents of schools, one from a county and the other from a city who shall hold office for two years, and whose powers and duties shall be iden tical with those of other members, except that they shall not participate a the appointment of any public school official,
Any vacancy occurring during the term of any member of the board shail be filled for the unexpired term by said board.
SEC. 131. The Superintendent of Public Instruction, who shall be an ex
f the scho Third. the ma stributed of the Gene Fourth. hools of f books su Fifth. serve wi Library ane to such the Suprem he appoint SEC. 13 t. unless e three tr aw. SEC. 13 ual litera lic lands operty; of de State by the State, a SEC. 137 erary fune in to be p tes; and a
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rienced educator, shall be elected by the qualified voters of the State at the me time and for the same term as the Governor. Any vacancy in said office all be filled for the unexpired term by the said board.
His duties shall be prescribed by the State Board of Education, of which shall be ex officio president; and his compensation shall be fixed by law. SEC. 132. The duties and powers of the State Board of Education shall as follows:
First. It may, in its discretion, divide the State into appropriate school visions, comprising not less than one county or city each, but no county or y shall be divided in the formation of such division. It shall, subject to the nfirmation of the Senate, appoint, for each of such divisions, one superindent of schools, who shall hold office for four years, and shall prescribe his ties, and may remove him for cause and upon notice.
Second. It shall have, regulated by law, the management and investment the school fund.
Third. It shall have authority to make all needful rules and regulations r the management and conduct of the schools, which, when published and stributed, shall have the force and effect of law, subject to the authority the General Assembly to revise, amend, or repeal the same.
Fourth. It shall select text books and educational appliances for use in the hools of the State, exercising such discretion as it may see fit in the selection books suitable for the schools in the cities and counties respectively.
Fifth. It shall appoint a board of directors, consisting of five members, serve without compensation, which shall have the management of the State brary and the appointment of a librarian and other employees thereof, subet to such rules and regulations as the General Assembly shall prescribe; but e Supreme Court of Appeals shall have the management of the law library and e appointment of the librarian and other employees thereof.
SEC. 133. Each magisterial district shall constitute a separate school disct, unless otherwise provided by law. In each school district there shall three trustees selected, in the manner and for the term of office prescribed law.
SEC. 134. The General Assembly shall set apart, as a permanent and perual literary fund, the present literary fund of the State; the proceeds of all blic lands donated by Congress for public free school purposes; of all escheated operty; of all waste and unappropriated lands; of all property accruing to › State by forfeiture, and all fines collected for offenses committed against : State, and such other sums as the General Assembly may appropriate. SEC. 135. The General Assembly shall apply the annual interest on the rary fund; that portion of the capitation tax provided for in the Constitun to be paid into the State treasury, and not returnable to the counties and ies; and an annual tax on property of not less than one nor more than five ils on the dollar to the schools of the primary and grammar grades, for the ial benefit of all of the people of the State, to be apportioned on a basis of ool population; the number of children between the ages of seven and twenty rs in each school district to be the basis of such apportionment, but if at 7 time the several kinds or classes of property shall be segregated for the pures of taxation, so as to specify and determine upon what subjects State taxes I upon what subjects local taxes may be levied, then the General Assembly y otherwise provide for a fixed appropriation of State revenue to the supt of the schools not less than that provided in this section.
SEC. 136. Each county, city, town. if the same be a separate school diset, and school, district is authorized to raise additional sums by a tax on perty, not to exceed in the aggregate five mills on the dollar in any one r, to be apportioned and expended by the local school authorities of said nties, cities, towns and districts in establishing and maintaining such schools in their judgment the public welfare may require; provided, that such priry schools as may be established in any school year, shall be maintained at st four months of that school year, before any part of the fund assessed and lected may be devoted to the establishment of schools of higher grade.