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Minutes 12/18/1973
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Minutes 12/18/1973
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City Council
City Council - Type
Adopted Minutes
City Council - Date
12/18/1973
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187 <br /> <br />De~8. 1973: <br /> <br />by said board during the preceding six months, whether such moneys shall have been <br />appropriated by the council or received from any other source for the purpose of public <br />education. Separate accounts shall be kept by the said board of the moneys appropriated <br />by the council, and moneys received from other sources, and every such statement shall <br />show the balance of each class of funds on hand or under control of said board as of <br />the date thereof. <br /> <br /> The said school board shall prepare and submit to the city manager, at the time <br />requested by him, for his information in making up the budget a detailed estimate of <br />the amount of money required for the conduct of the public schools of the city for <br />the-e.nsui~lg fiscal year budgetary period, with an estimate of the amount of all funds <br />which~will probably be received ~y said board for the purpose of public education from <br />sources other, than appropriation by the council. <br /> <br /> No money shall be paid out or become available to be paid out for any contemplated <br />expenditure unless and until there has first been made an appropriation for such contempl~ <br />expendit~-re by the council. <br /> <br /> Should any moneys, other than capital items, derived from sources other than State <br />funds be unexpended in any year and thus become available for use the next year pursuant <br />to ~$~C2£2~t38 of the Code of Virginia, the council may provide in the budget that the <br />city's share of the appropriation for the next ensuing year shall be decreased in a <br />like amount. <br /> <br />Section 9.01. Mmni¢ipat 68~rt. District Courts. <br /> <br /> There-shatt-be-a-m~nieipat-ee~r~-fer-the-~ity-e~-Pertsmo~_. S~ah ee~rt shall <br /> have beth ¢ivit and er~minat }~risdietien and~s~h e~her }nd~e~al pewees as are eenferred <br /> <br /> There shall be a general district court and a juvenile and domestic relations <br /> district court for the city of Portsmouth.~ Such courts shall have such jurisdiction <br /> and other ~udicial powers as conferred by general law. / <br /> <br /> Section 10.08. Judicial R~view. <br /> <br /> A petition, which complies with the requirements of this article as to form, number <br /> of~ s~i~gners, and manner of ~xecution, shall be accepted as prima facie sufficient. <br /> The circuit ~s~ngs cou~t of ~he city shall have sugary jurisdiction upon complaint <br /> of an elector to determine the sufficiency o~ the petition and the genuineness of the <br /> signa~tures thereon, and th~ qualifications of the electors signing the same, ahd may <br />~ ~k:~ such order in the premises as justice may require; but such proceedings shall <br /> be instituted within ten d~ys after presentation of the petition, and the burden of <br /> proof she'll be on the complainant. <br /> <br /> Section 10.09. Recall of Elective Officers. <br /> <br /> (a) Any elective officer of the city may be removed from office at any time after <br /> one year from the beginnin~ of his term of office by the electors qualified to vote <br /> for a successor for such incumbent. The procedure to effect such removal shall be <br /> as hereinafter set forth. <br /> <br /> (b) A petition signed by electors equal in n~ber to at least thirty per centum <br /> of the electors of the cit~ voting for governor in the last preceding gubernatorial <br /> election, and demanding th~ election of a successor of the officer sought to be removed, <br /> shall be filed with the clprk of the circuit court ~f h~s~im~s which petition shall <br /> contain a general statemen~ of the grounds upon which the election of a successor is <br /> sought. Such petition may~ be filed at any time after one year has elapsed since the <br /> begi~ing of the term of the official sought to be removed. Each signer shall add to <br /> his signature his place of residence, giving street and number if any, and the date <br /> s~gned. Such petztzon may~ be in the form of separate papers, but each separate paper <br /> to which signatures are appended shall contain at the top thereof the original petition <br /> or a duplicate statement thereof, and when bound together and offered for filing, such <br /> separate papers shall be d~emed to constitute one petition with respect to the election <br /> of the successor of the officer or officers named therein. One of the signers of such <br /> petition hall make oath b~fore a proper offzclal that the statements made there~n <br /> ar~ true, as he belzeves, ~nd upon such separate paper, the circulator of the petition <br /> to-Wh:ich~signatures are appended shall make oath that each signature to such paper <br /> is th6~genuine signature o~ the person whose name it purports to be, and that it was <br /> signed in his presence. <br /> <br /> (c) If it appears that the petition is signed by the requisite percentage of <br />electors, the same shall b~ accepted as prima facie regular and sufficient, but it <br />shall be subject to summary review in the same manner as provided in $ei~8.8~ e~l~his <br />article. <br /> <br /> (d) If the petition shall be sufficient, and'if the officer or officers whose remow <br />is sought shall not resign within five days after the. sufficiency of the petition has <br />been determined by ~he~af~ud§6 a~ the circuit court ef h~ings, the a judge thereof <br />shall thereupon order and fix a day for holding an election for the selection of a succes~ <br />to each officer named in said petition, which election shall be held not less than thirty <br />nor more than forty days from the presentation of the petition or fro~ the making of <br />any court order thereon. TB~cSuch judge ef the cenrt ef h~stings shall cause Publication <br />of notice and all arrangements to be made for holding such election and the same shall <br />be conducted and the result thereof returned and declared in all respects as ~ other <br /> <br /> <br />
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