CHAPTER 510

Act to amend and reenact §§ 2.05, 2.06, 3.02, 3.05, 8.07, 4.08, 5.07,
5.14, 6.04, 6.05, 6.08, 6.14, 6.15, 7.02, 7.06, 7.08, 7.11, 7.15, 8.06, 9.01,
9.12, 9.18, 9.29 and 11.01 of Chapter 586 of the Acts of Assembly,
1950, approved April 7, 1950, as amended, which provided a charter
for the city of Alexandria; and to further amend this chapter by
adding new sections numbered 1.01.1, 5.14.1, 6.08.1, 8.08.1, 9.12.1,
10.03.1, 15.01.2 and 15.11, the amended and new sections relating,
respectively, to miscellaneous powers of the city; enforcement of
ordinances; compensation of council, mayor and vice-mayor, induc-
tion of members of council; assessment and equalization for taxation;
transfer of appropriations; contracts for city improvements; scope
of the general budget; requirement for a balanced budget; require-
ment that budget be a public record; capital improvement budget;
reserve fund for permanent public improvement; purposes for which
bonds may be issued; requirements of ordinances for bond issue;
requirements of consolidated bond issue; periods for which bonds may
run; bond issues for revenue producing utilities; pension and retire-
ment systems; power of council to adopt master plan for physical
development of city; adoption and amendment of regulations, re-
strictions and determination of zone boundaries; powers of board of
zoning appeals; penalty for transfer of lots in unapproved subdivt-
sions; the office of city attorney, filling vacancies in office and com-
pensation; changes in corporate limits; exceptions for bids on con-
tracts in cases of emergency; school budget hearings; supplemental
salaries for certain public health employees; applications and motions
to amend, supplement or repeal regulations, restrictions and deter-
mination of boundaries; voter registration offices; residence of
certain officers and eligibility of certain federal employees to hold
city offices.

(S 236]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
That §§ 2.05, 2.06, 3.02, 3.05, 3.07, 4.08, 5.07, 5.14, 6.04, 6.05, 6.08,
, 6.15, 7.02, 7.06, 7.08, 7.11, 7.15, 8.06, 9.01, 9.12, 9.18, 9.29 and 11.01 of
oter 536 of the Acts of Assembly 1950, approved ‘April 7, 1950, as
nded, be amended and reenacted and that the said chapter be further
nded by adding therein new sections numbered 1.01.1, 5.14.1, 6.08.1,
1, 9.12.1, 10.08.1, 15.01.2 and 15.11, the amended and new sections
gas follows:
§ 1.01.1. Corporate limits as changed by agreement with Arlington
nty. The boundaries of the city shall be as described in section 1.01
is charter as modified by an agreement between Arlington county and
uty of Alexandria, authorized by Chapter 314 of the Acts of Assembly
, approved March 80, 1962. The modified boundary is delineated
resolution of the city council of the city of Alexandria, Virginia,
rded December 21, 1965, in deed book 641 at page 188 et seq. among
and records of the ‘city of Alexandria, Virginia, and a resolution of the
ty board of Arlington county recorded December 21, 1965, in deed
> 641 at page 201 et seq. among said land records.
05. Miscellaneous powers.—The city shall also have power:

(a) To establish, maintain and operate public employment bureaus
public baths.
(b) To establish, maintain and operate, within and without the
city, and to make advances to public hospitals, sanatoria, convalescen’
homes, clinics and other public institutions, homes and facilities for the
care of the sick, of children, the aged and the destitute.

(c) To provide care for the poor and have all the powers and duties
conferred and imposed on cities by the laws of the Commonwealth relating
to public assistance.

(d) To establish, own, maintain and operate, within and without
the city, cemeteries for the interment of the dead, fix the price at which
graves and lots therein shall be sold, make contracts for their perpetual!
care and establish the rates to be charged for the digging of graves, con-
struction of vaults and other services.

(e) To establish, maintain and operate, within or without the city,
a jail for the confinement of prisoners, ordered or sentenced to be con-
nned therein, and a jail farm.

(f) To cooperate and enter cooperative agreements with any county,
city, or state, or with any agency of the government of the United States
regarding the construction and operation of any airport, incinerator, sew-
age disposal system, jail or workhouse or the discharge of any other func-
tion or power vested by this charter in the City of Alexandria.

(zg) To authorize and regulate the erection of party walls and fences,
and to prescribe how the cost thereof shall be borne by the respective
owners.

(h) To grant aid to military companies, to bands maintained within
the city, to hospitals, to associations for the advancement of agriculture
or the mechanic arts, to scientific, literary, educational or benevolent or-
ganizations or institutions, to public libraries, provided such action is not
prohibited by the Constitution of the State, and that all such societies,
organizations or institutions be located in or near the city, and provided
further that no appropriation for any such purposes shall be made, nor aid
be otherwise granted through exemption from charge for use of water or
light facilities or otherwise either with or without charge, beyond the city
limits, unless two-thirds of the council vote therefor.

h Q) To provide for aid in the support or maintenance of public free
schools.

(j) Toadopt by ordinance the establishment of the date, in each year,
for the levying of personal property tax on motor vehicles and to prorate
and compute the same, including procedures for filing returns and ascer-
taining dates of purchases and exchanges from all persons concerned, in-
cluding both taxpayers and automobile dealers.

§ 2.06. Enforcement of regulations. When by the provisions of this
charter or the constitution and general laws of the Commonwealth the city
is authorized to pass ordinances on any subject, the council may provide
suitable penalties for the violation of any such ordinances, including ordi-
nances effective outside the city as provided in this charter. No such pen-
alty shall exceed a fine of five hundred dollars or imprisonment for six
months or both. Upon conviction for violation of any ordinance the court
trying the case may require bond of the person so convicted with proper
security in the penalty of not more than one thousand dollars, conditioned
to keep the peace and be of good behavior and especially for the period of
not more than twelve months not to violate the ordinance for the breach
of which he has been convicted. From any fine or imprisonment imposed
an appeal shall lie as in cases of misdemeanor. Whenever any fine or pen-
alty shall be imposed but not paid the court trying the case may, unless an
appeal be forthwith taken, order the person convicted to be imprisoned in
the city jail. * Such confinement shall not exceed five days when the fine
and costs, or costs when there is no fine, are less than five dollars; when
less than ten dollars, it shall not exceed ten days; when less than twenty-
five dollars, it shall not exceed fifteen days; when less than fifty dollars, it
shall not exceed thirty days; and in no case shall the confinement exceed
two months. The court may issue a writ of fieri facias directed to the
sergeant of the city for the collection of the amount due, returnable within
sixty days from its issuance. The city is hereby expressly authorized and
empowered to institute and maintain a suit or suits to restrain by injunc-
tion the violation of any ordinance legally adopted by it, notwithstanding
such ordinance may provide penalties for its violation.

Compensation of the council.—_Members of the council shall
receive in full compensation for their services the sum of * four hundred
dollars per month; provided, however, that the mayor shall receive in full
compensation for his services the sum of * four hundred and fifty dollars
per month; provided, further, that the rate of compensation for the mem-
bers of the council and the mayor may be changed by ordinance, except
that no such rate of compensation shall be increased to become effective
during the term for which a member of the council voting on the question
of such increase shall have been elected.

§ 3.05. Mayor and vice-mayor.—The mayor shall be elected as pro-
vided by chapter 10 of this charter. The vice-mayor shall be elected by a
majority vote of the mayor and the six councilmen at large. The mayor
shall preside over the meetings of the council and shall have the same right
to vote and speak therein as other members. The mayor shall not have the
power of veto. He shall be recognized as the head of the city government
for all ceremonial purposes, the purposes of military law and the service
of civil process. If a vacancy shall occur in the office of mayor or vice-
mayor, the council shall elect one of its members to the office for the un-
expired term. In the absence or disability of the mayor, the vice-mayor
shall perform the duties of mayor.

§ 3.07. Induction of members.—The Council members in office at
the time this charter takes effect shall continue in office through the thir-
tieth of June, 1952, or until their successors shall have been elected and
take office. The first meeting of a newly elected council shall take place
at 7:30 P.M. on the first day of July following their election, or if such day
shall fall on Saturday, Sunday or a legal holiday then on the * next busi-
mess day. The council shall be the judge of the election and qualifications
of its members.

§ 4.08. Assessment and equalization.

(a) The city manager shall provide for the annual assessment and
equalization of assessments of real estate for local taxation, and to that
end may establish a city real estate assessment office and appoint an
assessor to assess such real estate for taxation and to equalize such assess-
ment. The budget for the city real estate assessment office shall be ap-
proved by the city council.

* *« *

(c) All duties imposed and all powers conferred by law on the Com-
missioner of the Revenue with respect to the assessment of real estate shall
be transferred to the assessor appointed pursuant hereto, except that the
Commissioner of the Revenue shall continue to prepare the land book and
make disposition of the copies thereof as required by law. The land book
shall be prepared by the Commissioner of the Revenue on the basis of the
assessments made by the assessor and certified to him. Transfers shall be
verified by the Commissioner of the Revenue.

(d) All real estate shall be assessed at its fair market value as of
January first of each year by such assessor, and taxes for each year on
such real estate shall be extended by the Commissioner of the Revenue on
the basis of the last assessment made prior to such year, subject to such
changes as may have been lawfully made; provided, however, no notices
of assessment shall be mailed or delivered during the month of December
of any year and any such notices mailed or delivered during such montl
shall be void, unenforceable and of no effect. |

(e) Notwithstanding any of the provisions of sections 58-895 anc
58-899 to 58-901, inclusive, of the Code of Virginia, the corporation court
of said city or the judge thereof in vacation shall, annually, appoint fo1
the city a board of review of real estate assessments, to be composed of
three members, who shall be freeholders of said city. The terms of such
members shall commence on their appointment and shall expire on the
thirtieth day of November of the year in which they are appointed unless
such terms are extended. Such court or the judge thereof in vacation may
extend the terms of the members of the said board of review and shall fill
any vacancy therein for the unexpired term. The members of the said
board shall receive per diem compensation for the time actually engaged
in the duties of the board, to be fixed by the council of said city, and to be
paid out of the treasury of said city, provided, however, that the council of
said city may limit the per diem compensation to such number of days as,
in its judgment, is sufficient for the completion of the work of the board.

Such board of review shall have and may exercise the power to revise,
correct and amend any assessments of real estate made by said assessor in
the year in which they serve, and to that end shall have all the powers con-
ferred upon boards of equalization by sections 58-903 to 58-912, inclusive,
of the Code of Virginia. Notwithstanding any provision of said sections,
however, the board of review may adopt any regulations providing for
the oral presentation, without formal petitions or other pleadings of re-
quests for review, and looking to the further facilitation and simplification
of proceedings before the board.

Any person of said city aggrieved by any assessment made by said
assessor or board of review may apply for relief in the manner provided by
sections 58-1145 to 58-1151, inclusive, of the Code of Virginia, provided,
however, that no person aggrieved by any assessment made by the assessor
may apply for or be entitled to relief pursuant to said sections of the Code
of Virginia until the assessment complained of has first been reviewed by
and acted upon by the board of review.

This law shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

(g) All acts and parts of acts relating to the assessment of real
estate in cities not in conflict with the provisions hereof shall apply to the
assessments made hereunder.

§ 5.07. Transfers of appropriations.—The city manager may at any
time transfer any unencumbered appropriation balance or portion thereof
within the * accounts of an office, department or agency. The council *
when advised of the details by the city manager may by duly docketed
resolution transfer any unencumbered appropriation balance or portion
thereof from one office, department or agency to another.

§ 5.14. Contracts for city improvements.—Any city improvement
costing more than * two thousand dollars, except where such improvement
is executed directly by a city department, shall be executed by contract.
All such contracts for more than * two thousand dollars shall be awarded
to the lowest responsible bidder, or if the council should so determine, to
such bidder whose bid is more acceptable to the public interest, after such
public notice and competition as may be prescribed by * ordinance, pro-
vided the city manager shall have the power to reject all bids and advertise
again. Alterations in any contract may be made when authorized by the
council upon the written recommendation of the city manager.

§ 5.14.1. Exceptions to bidding, contracts, etc.—Notwithstanding
the provisions of sections 5.18 and 5.14 of this charter, improvements,
repairs, services and purchases may be made or obtained without the
necessity of complying with said sections when, in the opinion of the city
manager, an emergency has arisen which requires an expenditure to meet
a pressing need for other than a regular or recurring requirement, in order
to protect the public health, safety or welfare; provided the city manager
first approves the transaction in writing. The city manager shall within
thirty days after any such approval notify the city council in writing of
his action, which writing shall contain a statement of the emergency
and the transaction.

§ 6.04. Scope of the general budget.—The general budget shall con-
tain:

(a) An estimate of such portion of the general fund cash surplus,
if any, at the end of the current fiscal year as it is proposed to use for
meeting expenditures in the general budget.

(b) An estimate of the receipts for current ad valorem taxes on
real estate and personal property during the ensuing fiscal year, assuming
that the proportion of the levy collected be no greater than the average
proportion of the levy collected in the last three completed tax years.

(c) An estimate of receipts from all other sources of revenue pro-
vided that the estimated receipts from no such source shall exceed the
amount estimated to be received from such source in the current fiscal
year * by more than the average rate of increased collections from that
source during the preceding two fiscal years, unless the reasons for an
increase greater than the average rate are contained in a written statement
furnished by the city manager.

(d) <A statement to be furnished by the director of finance of the
debt service requirements for the ensuing year.

(e) An estimate of the city’s cash deficit, if any, at the end of the
current fiscal year and of any other obligations required by this charter
to be budgeted for the ensuing fiscal year.

(f) An estimate of expenditures for all other purposes to be met
in the ensuing fiscal year.

All the estimates shall be in detail, showing receipts by sources and
expenditures by operating units, functions, character and object, so
arranged as to show receipts and expenditures as estimated for the current
fiscal year and actual receipts and expenditures for the last preceding
fiscal year in comparison with estimated receipts and recommended expen-
ditures for the ensuing year. At the head of the budget there shall appear
a summary of the budget, which need not be itemized further than by
principal sources of anticipated revenue, stating separately the amount to
be raised by property tax, and by departments and kinds of expenditures,
in such a manner as to present a simple and clear summary of the detailed
estimates of the budget.

§ 6.05. A balanced budget.—In no event shall the expenditures rec-
ommended by the city manager in the general budget exceed the receipts
estimated, taking into account the estimated cash surplus or deficit at the
end of the current fiscal year, as provided in the preceding section, unless
property assessments have been raised or unless the city manager shall
recommend an increase in the rate of ad valorem taxes on real estate and
tangible personal property or other new or increased taxes *, licenses
* or other sources. Receipts from increased taxes, licenses or other
sources shall be estimated on the basis of the average rate of increased
collections during the preceding two fiscal years except in instances in
which the city manager submits as a part of the budget a written state-
ment explaining any estimate that is made on some other basis. Receipts
from new taxes, licenses or other sources shall be estimated on information
available from other cities, the state of Virginia or other states, the federal
government or other appropriate sources. If estimated receipts exceed
estimated expenditures, the city manager may recommend revisions in
the tax, * license or other ordinances of the city in order to bring the
general fund budget into balance.

§ 6.08. Budget a public record.—The budget and budget message
and all supporting schedules shall be a public record in the office of the city
manager open to public inspection after the budget has been submitted to
the council and made public by it; provided, however, * except as
stated in section 6.08.1, no department or agency, head or judge or board or
commission, manager, or director of finance shall divulge details of the
proposed budget nor make public statements regarding budget estimates
until the budget has been submitted to the council and made public by it.
The city manager on authorization from the council shall cause sufficient
copies of the budget message to be prepared for distribution to interested
persons.

§ 6.08.1. School budget hearings.—The school board shall, prior to
the time work has begun on the school budget, hold a public informational
hearing to receive suggestions from the public concerning the school
budget. The school board shall also hold a public hearing on its proposed
budget prior to submitting it to the city manager. The school board shall
cause a notice of the time and place of each public hearing to be published
in a newspaper of general circulation in the city at least seven days prior
to the hearing. The school board shall also cause copies of the proposed
budget to be available to the public at least seven days prior to the public
hearing on the proposed budget. The school board may submit to the city
manager as its proposed budget the same proposed budget considered at the
public hearing or it may, subsequent to said public hearing, submit a
revised proposed budget. After the proposed school budget has been sub-
mitted to the city manager no city employee, city official, school official,
school employee, nor school board member shall divulge the details of
the proposed budget nor make public statements regarding school board
budget estimates until the general budget including the school budget
has been submitted to the council and made public by it.

§ 6.14. Capital budget.—At the same time that he submits the gen-
eral budget the city manager shall submit to the council a budget of the
proposed capital improvement projects for the ensuing fiscal year and for
the * five fiscal years thereafter, with his recommendations as to the
means of financing the improvements proposed for the ensuing fiscal year.
The council shall have power to accept with or without amendments or
reject the proposed program and proposed means of financing for the en-
suing fiscal year but, except in the case of emergency as provided in sub-
section (d) of section 2.02 of this charter, the council shall not authorize
any capital improvement project or make any appropriation therefor unless
* such project is included in the capital budget as adopted by it. The
council shall hold at least one public hearing on said budget and shall
take final action on the budget not later than twenty days after the date
prescribed for the adoption of the general budget. A capital project in
the budget may lapse at the end of one year but once an appropriation has
been made for such project it shall not lapse until * approved by the city
council at a meeting open to the public at which meeting the matter of
lapse of the specified project involved is a duly docketed item.

§ 6.15. Reserve for Permanent Public Improvements.—The
council may by ordinance establish a reserve fund or account or both for
permanent public improvements and may appropriate thereto any portion
of the general fund cash surplus not otherwise appropriated at the close of
any fiscal year. It may likewise assign to the said fund or account or both
a specified portion of the ad valorem tax on real estate and tangible personal
property not to exceed ten cents on the hundred dollars of the assessed
valuation thereof or the whole or part of the proceeds of any other tax.
Appropriations from the said fund or account or both shall be made only
to finance improvements included in the capital budget.

§ 7.02. Purposes for which Bonds may be issued.—Bonds may be
issued for the purpose of financing the whole or any part of the cost of any
capital improvement project, paying all costs incurred in any extension
of the city’s boundaries and to refund outstanding bonds. A capital
improvement is hereby defined to include any public improvement or
utility which the city is authorized to undertake, including the acquisition
of any property, real or personal, incident thereto, the construction or re-
construction in whole or in part of any building, plant, structure, or
facility necessary or useful in carrying out the powers of the city, and in
the equipment or re-equipment of the same.

§ 7.06. Ordinance for Bond Issue.—

(a) Ordinance Required: All bonds shall be authorized by ordinance,
the procedure for the passage of which shall be the same as for the
passage of any ordinance, except that such ordinance shall not be passed
as an emergency ordinance and that two-thirds affirmative votes of all
members of the council shall be necessary for its adoption.

(b) What Ordinance Must Show: The ordinance shall state: _

1. In brief and general terms the purpose or purposes for which
the bonds are to be issued, including, in the case of funding or refunding
bonds, a brief description of the indebtedness to be funded or refunded
sufficient to identify such indebtedness ;

2. If the purpose of the bonds is to finance * one or more capital
improvement * projects, a general description of * each such project
and an estimate of the maximum cost of each thereof ;

3. The maximum aggregate principal amount of the bonds.

4. That the debt limit as prescribed herein and by the Constitution
of the Commonwealth is not exceeded.

(c) When the Ordinance Takes Effect: A bond ordinance shall take
effect at the time and upon the condition stated therein.

§ 7.08. * Consolidated Bond Issue.—Bonds for two or more un-
related purposes * may be authorized by the same ordinance or by
separate ordinances in the discretion of the council. After two or more
ordinances have been passed, the council may, in its discretion, direct by
resolution that all or any of the bonds authorized by the ordinances *
shall be issued as one consolidated bond issue. Separate issues of funding
and/or refunding bonds may be made under authority of the same bond
ond nance for the retirement of two or more different debts or classes of

ebts.

§ 7.11. Determining Periods for Which Bonds to Run.—

(a) How periods estimated. Either in the bond ordinance or in a
resolution passed after the bond ordinance, but before any bonds are
issued thereunder, the council shall, within the limits of subsection (d) of
this section, determine and declare:

1. The probable period of usefulness of the improvements, under-
takings or properties for which the bonds are to be issued ; or

2. If the bonds are to be funding or refunding bonds, either the
shortest period in which the debt to be funded or refunded can be finally
paid without undue burden upon the taxpayers, or, at the option of the
council, the probable unexpired period of usefulness of the improvements,
undertaking or property for which the debt was incurred.

Average of Periods Determined. In the case of a * bond issue
* authorized by different ordinances * and consolidated by resolution,
and in the case of a bond issue authorized by * one ordinance for *
two or more unrelated purposes in respect of which several different periods
are determined as aforesaid, the council shall also determine the average
of the different periods so determined, taking into consideration the amount
of bonds to be issued on account of each purpose or item in respect of which
a period is determined.

The period required to be determined as aforesaid shall be computed
from a date not more than one year after the time of passage of any bond
ordinance authorizing the issuance of bonds. The determination of any such
period by the council shall be conclusive.

(c) Maturity of Bonds. The bonds must mature within the period
determined as aforesaid, or, if several different periods are to be deter-
mined, then within such average period.

(d) Periods of Usefulness. In determining, for the purpose of this
section, the probable period of the usefulness of an improvement, under-
taking or property, the council shall not deem said period to exceed the
following periods for the following improvements, undertakings and prop-
erties, respectively.

(1) Water systems, including water treatment facilities, forty
years.

(2) Sewer system (either sanitary or storm water), forty years.

(8) Plants or structures for the treatment, disposal or filtration of
sewage, either with or without such additional sewer lines as may be neces-
sary to divert sewage thereto, forty years.

(4) Gas systems, thirty years.

(5) Electric light and power systems, separate or combined, thirty

years.

(6) Public parks (including or not including a playground as a part
thereof, and any buildings thereon at the time of acquisition thereof, or to
be erected thereon with the proceeds of the bonds issued for the same),
forty years.

(7) Playgrounds, forty years.

(8) The acquisition of real property for purposes other than parks
or playgrounds, thirty years.

(8.1) Public hospitals, sanatoria, convalescent homes, clinics and
other public institutions, homes and facilities for the care of the sick, of
children, the aged and the destitute, forty years.

9) Allother purposes, * thirty years.

§ 7.15. Bond Issues for Revenue Producing Utilities.—The city is
hereby empowered to issue from time to time in the manner prescribed by
section one hundred twenty-seven (b) of the Constitution of Virginia
bonds of the City of Alexandria for the purpose of acquiring, establish-
ing, constructing, improving or enlarging any sewage disposal system,
water work, gas plant, electric plant, garbage and trash disposal system,
incinerator, toll bridge, motor vehicle parking area or building, airport,
hosptial, or other public utility from which the city may derive a revenue;
for the purpose of reimbursing the general fund or other fund of the city
for monies paid from said fund or funds for such purposes; and/or for
the purpose of funding or refunding any existing indebtedness incurred for
such purposes. Such bonds shall not be included in determining the
power of the city to incur indebtedness within the limitation prescribed
by section one hundred twenty-seven of the Constitution of Virginia
or section 7.03 hereof; but, from and after a period to be determined by the
council, not exceeding five years from the date of the election authorizing
such bonds, whenever and for so long as any such revenue producing
utility fails to produce sufficient revenue to pay for cost of operation and
administration, including the interest and amortization of such bonds, and
the cost of insurance against loss by injury to persons or property, all such
bonds outstanding shall be included in determining the limitation of the
power of the city to incur indebtedness under any provision of this charter
or under the provisions of section one hundred twenty-seven of the Con-
stitution of Virginia. The city may, however, issue bonds from time to
time for any or all of such purposes, including reimbursement of funds
and the funding or refunding of existing indebtedness, in the manner
prescribed by section one hundred twenty-seven (b) of the Constitution of
Virginia, the principal and interest of which bonds shall be payable ex-
clusively from the revenue of such revenue producing utilities and for
which payment of principal and interest the full faith and credit of the
city shall not be deemed to be pledged notwithstanding any other provision
of this charter, and such bonds shall never be included in determining the
limitation of the power of the city to incur indebtedness under the provl-
sions of this charter or under the provisions of section one hundred
twenty-seven of the Constitution of Virginia.

§ 8.06. Pension and Retirement System.—The council shall have
authority to establish a pension and retirement system for any * and
all officers and employees in the service of the city including the following
elective officers and their employees: commissioner of revenue, city
collector, city treasurer, clerk of courts, city sergeant, commonwealth at-
torney, and city attorney, but excluding the mayor and members of city
council. Any such pension and retirement system shall not include any
provisions that would entitle the elective officers or their employees to any
benefit or a greater benefit than the benefits granted to other officers and
employees of the city. Any such pension and retirement system shall be
established on a jointly contributory basis, except as to prior service
charges for which may be borne entirely by the city. The cost of the
system shall be determined actuarially on the basis of such mortality and
service tables as the council shall approve. Any officer or employee of
the city at the time of the establishment of such system shall have a
reasonable time thereafter to elect the privilege of becoming a member
of the system so established. Officers and employees thereafter appointed
to any position which has been included in a retirement system by the
council shall be required to join the system as a condition of employment.
Nothing in this section shall be construed to prevent the council from
making appropriations for pensions for or relief of persons retired from
the service of the city prior to the establishment of the retirement system
authorized herein. If the council shall deem it inadvisable to establish
an independent retirement system for the city of Alexandria, it may make
arrangements for group insurance for employees or it may affiliate its
retirement system with that of the Commonwealth, if permissible under
general law, or with that of any other local government in the Common-
wealth or any combination thereof. Any pension and retirement system
established under this section shall be administered as provided by ordi-
nance. The benefits accrued or accruing to any person under such system
shall not be subject to execution, levy, attachment, garnishment or any
other process whatsoever nor shall any assignment of such benefits be
enforceable in any court.

§ 8.08.1. Supplemental Salaries for Department of Public Health
Employees.—The council shall have authority to enter into agreements
with the State Department of Health to supplement the salaries of the
Department of Public Health of the City. Such supplement shall be in
accord with the pay plan adopted pursuant to this Chapter.

§ 9.01. Power to Adopt Master Plan.—In addition to the powers
granted elsewhere in this charter, the council shall have the power to
adopt by ordinance a master plan for the physical development of the city
to promote health, safety, morals, comfort, prosperity and general welfare.
The master plan may include but shall not be limited to the following:

(a) The general location, character and extent of all streets, high-
ways, super-highways, freeways, avenues, boulevards, roads, lanes, alleys,
walks, walkways, parks, parkways, squares, playfields, playgrounds, rec-
reational facilities, stadia, arenas, swimming pools, waterways, harbors,
water fronts, landings, wharves, docks, terminals, canals, airports and
other public places or ways and the removal, relocation, widening, nar-
rowing, vacating, abandonment, change of use or extension thereof.

(b) The general location, character and extent of all public build-
ings, schools and other public property and of utilities whether publicly
or privately owned, off-street parking facilities, and the removal, reloca-
tion, vacating, abandonment, change of use, alteration or extension thereof.

(c) The general location, character and extent of slum clearance,
housing and neighborhood rehabilitation projects, including the demolition,
repair or vacation of substandard, unsafe or unsanitary buildings.

(d) A general plan for the control and routing of railways, street
car lines, bus lines and all other vehicular traffic.

(e) The general character, location and extent of all roads, streets,
highways, super-highways, freeways, boulevards, parks, parkways and
public buildings and public facilities and of such other general features
as may affect the health, welfare, safety and prosperity of the city.

After July 1, 1968, whenever the council adopts or approves a new
Generalized Land Use Plan element of the master plan or amends or
approves an amendment to the existing Generalized Land Use Plan element
of the master plan, it shall first cause notice to be given of such action in
accordance with the requirements of § 8.11 of this charter.

§ 9.12. Adoption and Amendment of Regulations and Restrictions
and Determination of Zone Boundaries.—Subject to the other provisions
of this chapter the council shall have power by ordinance to adopt the
regulations and restrictions hereinbefore described and determine the
boundaries of the zones in which they shall apply, provide for their
enforcement, and from time to time amend, supplement or repeal the same.
The council shall also have authority to provide for the collection of fees
to cover costs involved in the consideration of any application for amend-
ment, supplement or repeal of any such regulation, restriction or deter-
mination of boundaries, to be paid to the city treasurer by the applicant
upon filing such request. No ordinance to adopt * the regulations and
restrictions hereinbefore described, to determine the boundaries of zones
or to provide for their enforcement, and no ordinance to amend, supple-
ment or repeal the same shall be enacted until the application or motion
for such change has been referred to the city planning commission and
until after a public hearing in relation thereto and has been approved or
rejected by it, and until after a public hearing in relation thereto has
been held by the council, provided that such public hearings shall not
be held more frequently than once every three months, at which time the
parties in interest shall have opportunity to be heard; provided, however,
that more frequent rezoning ordinances may be enacted under the emer-
gency ordinance provisions of this charter. At least fifteen days’ notice
of the time and place of any such hearing before the council shall be given
by publication thereof in a daily newspaper of general circulation published
in the city. In the event of an emergency whereby there is so newspaper
of general circulation published in the city, then such notice may be pub-
lished in a newspaper of general circulation in the city.

The council may approve or reject recommendations of the planning
commission subject to the provisions of section 9.06 of this chapter. It
may also refer the matter to the commission for further study. The com-
mission shall act on such referral within fifteen days and resubmit its
reviewed recommendations to council. If adopted by a vote of two-thirds of
the entire membership of the commission * , a recommendation of
disapproval at the referral meeting may be overruled only by a recorded
affirmative vote of three-fourths * of all the members of the council.
If the commission fails to act within the prescribed period or by a two-
thirds vote of the entire membership, the council may adopt said appli-
cation or motion for change by a simple majority. The public hearing on
any matter referred by council to the planning commission for further
study may be continued over a period not to exceed thirty days and such
thirty days shall not be considered as a part of the three months’ time
period heretofore mentioned *. Time, not to exceed thirty days, may
be taken to prepare an appropriate draft of an ordinance or to follow
the proper procedure for the passage of an ordinance and such time
shall not be considered any part of the above-mentioned thirty days
referral period or the above-mentioned three month time period.

The council in adopting an ordinance to determine the boundaries
of zones may adopt an ordinance for a zone change to a more restrictive
zone than that originally applied for or moved, provided; (1) that the
planning commission recommends in favor of such more restrictive zone
change at its first public hearing required by the preceding paragraph of
this section; (2) that the applicant agrees to the more restrictive zone
change at or before the said planning commission hearing in cases where
the zone change procedure is initiated by other than the planning com-
mission through comprehensive plan zoning or the council on its own
motion; and (3) that at least ten day notice of the more restrictive zone
change and of the time and place of the public hearing before council
required by the preceding paragraph of this section shall be given by
publication thereof in a daily newspaper of general circulation published
in the city. In the event of an emergency whereby there 1s no newspaper
of general circulation published in the city, then such notice may be
published in a newspaper of general circulation in the city. A protest under
Section 9.18 of this charter against a less restrictive zone change shall not
be effective against a more restrictive change. This shall not, however,
preclude the filing of an effective new protest against a more restrictive
zone change under section 9.13 nor shall it preclude the effectiveness of a
protest filled against both a less restrictive and a more restrictive zone
change.

§ 9.12.1. Parties to Applications and Motions for Amendments,
Supplements or Repeal of Regulations and Restrictions and Determination
of Boundaries.—

Applications or motions for changes in zone boundaries shall be ac-
cepted only from parties having a legal interest in the property, from the
duly authorized representative of any such party or from persons exhibiting
the consent of parties having a legal interest in the property. The
planning commission may initiate on its own motion the amendment,
supplement or repeal of any regulation, restriction or determination of
boundaries of zones through comprehensive plan zoning. The council may
initiate on its own motion the amendment, supplement or repeal of any
regulation, restriction or determination of boundaries of zones. All such
applications and motions shall be subject to the procedures set forth in
this chapter.

§ 9.18. Powers of Board of Zoning Appeals.—

The board shall have the following powers and it shall be its duty :

(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination by the director of plan-
ning in the administration and enforcement of the provisions of the ordi-
nance.

(b) * To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the public
interest, when, owing to special conditions a literal enforcement of the
provisions will result in unnecessary hardship; provided that the spirit
of the ordinance shall be observed and substantial justice done, as follows:

When a property owner can show that his property was acquired in
good faith and where by reason of the exceptional narrowness, shallow-
ness, size or shape of a specific piece of property at the time of the effective
date of the ordinance, or where by reason of the exceptional topographical
condition or other extraordinary * _ situation, or condition of such piece
of property, or of the use or development of property immediately adjacent
thereto, the strict application of the terms of the ordinance * would
effectively prohibit or unreasonably restrict the use of property or where
the board is satisfied, upon the evidence heard by it, that the grant-
ing of such * variance will alleviate a clearly demonstrable hardship
approaching confiscation, as distinguished from a special privilege or con-
venience sought by the * applicant, provided * that all variances *
shall be in harmony with the intended spirit and purpose of * the
ordinance.

No such variance shall be authorized by the board unless it finds:

(1) That the strict application of the ordinance would produce un-
due hardship.

(2) That such hardship is not shared generally by other properties
in the same zone and the same vicinity and is not created by the owner
of such property.

(8) That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the zone will not
be changed by the granting of the variance.

No variance shall be authorized unless the board finds that the con-
dition or situation of the property concerned or the intended use of the
property is not of so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.

In authorizing a variance the board may tmpose such reasonable con-
ditions regarding the location, character and other features of the proposed
structure or use as it may deem necessary in the interest of public health,
safety or welfare and to assure that the variance authorized shall be in
harmony with the intended spirit and purpose of this chapter and the
ordinance.

(c) To permit, when reasonably necessary in the public interest, the
use of land, or the construction or use of buildings or structures, in any
zone in which they are prohibited by the ordinance, by any agency of the
city, state, or the United States, provided such construction or use shall
adequately safeguard the health, safety and welfare of the occupants of
the adjoining and surrounding property, shall not unreasonably impair
an adequate supply of light and air to adjacent property, shall not increase
congestion in streets and shall not increase public danger from fire or
otherwise affect public safety.

(d) To permit the following exceptions to the zone regulations and
restrictions, provided such exceptions shall by their design, construction
and operation adequately safeguard the health, safety and welfare of the
occupants of the adjoining and surrounding property, shall not unreason-
ably impair an adequate supply of light and air to adjacent property, shall
not increase public danger from fire or otherwise unreasonably affect public
safety, and shall not diminish or impair the established property values
in surrounding areas:

_(2) Extension of a zone where the boundary line of a zone divides a
lot in single ownership as shown of record at the time of the effective date
of the ordinance.

(3) Reconstruction of buildings or structures that do not conform
to the comprehensive zoning plan and regulations and restrictions pre-
scribed for the district in which they are located, which have been damaged
by explosion, fire, act of God or the public enemy, to the extent of more
than sixty per cent of their fair market value as established by the
opinion of three disinterested appraisers to be appointed by the city
council, when the board finds some compelling public necessity for a con-
tinuance of the use and such continuance is not primarily to continue a
monopoly, provided that nothing herein shall relieve the owner of any such
building or structure from obtaining the approval of such reconstruction
by the council or any department or officer of the city when such approval
is required by any law or ordinance.

§ 9.29. Penalty for Transfer of Lots in Unapproved Subdivisons.-—-
Whoever being the owner or agent of the owner of any land *_ subject
to such regulations and restrictions, the plat of which has not been
approved and recorded as above provided, shall transfer, sell or offer for
sale or agree to sell * a portion of any such land by reference to or
exhibition of an unapproved and unrecorded plat or otherwise, shall be
punishable by fine not exceeding three hundred dollars or imprisonment
in the city jail for not more than ninety days or both, for each lot or
similar parcel of land transferred or agreed or negotiated to be sold; and
the description of such lot or parcel by metes and bounds in the instru-
ment of transfer or other document used in the process of selling or trans-
ferring shall not exempt the transaction from such penalty or from the
remedies herein provided. The city may enjoin such transfer or sale or
agreement in a court having jurisdiction of the land to which the injunction
applies.

§ 10.08.1. Voter registration offices.—It shall be the duty of the gen-
eral registrar of the city to maintain in the city hall, or other municipal

building, of the city, an office wherein all qualified voters of the city may
be registered and, in addition, it shall be his duty to maintain one tem-
porary or permanent office, wherein qualified voters of the city may be
registered, for each fifty thousand population of the city and for any
remaining portion of fifty thousand population in excess of twenty-five
thousand according to the last United States census. It shall also be the
duty of the general registrar to maintain as many other temporary or
permanent offices, wherein qualified voters of the city may be registered,
as city council may, in its sole judgement, deem necessary or desirable;
provided, however, that such offices shall not be established, located or
maintained in any private home. The city shall furnish the general
registrar of the city a suitable office in the city hall, or other municipal
building and, in addition, shall furnish such registrar with one tem-
porary or permanent office for each fifty thousand population of the city
and for any remaining portion of fifty thousand population in excess of
twenty-five thousand according to the last United States census. The city
Shall also furnish such registrar with such other temporary or permanent
offices as the city council, in its sole judgment, has deemed necessary
or desirable, except that such office shall not be established, located or
maintained in any private home.

§ 11.01. City Attorney.

(a) The city attorney shall be an attorney at law licensed to practice
under the laws of the Commonwealth and shall have actively practiced his
profession therein for at least five years immediately preceding his filing
for election or application for appointment.

b) At the regular municipal election to be held in said city, on the
second Tuesday in June, 1952, and every three years thereafter, there shall
be elected a city attorney for terms of three years beginning on the first
day of September next succeeding his election *. Any vacancy in the
office of city attorney from whatever cause, which shall occur on or before
six months prior to the expiration of the term, shall be filled by popular
election. In the event of such vacancy, the council shall by resolution
certify that such vacancy exists to the corporation court of the City of
Alexandria or the judge thereof in vacation, and said court or judge
thereof in vacation shall order a special election to be held to fill such
vacancy for the unexpired term. The election shall be conducted and the
results thereof ascertained in the manner provided by law for the conduct
of general elections and by the regular election officials of the city. A
vacancy in the office of city attorney occurring within six months of the
expiration of the term of the city attorney shall be filled for the unexpired
term by the senior judge of the corporation court of the City of Alexandria.

(c) The entire compensation of the city attorney shall be fixed by the
council on a salary basis; provided, that the salary shall not be less than
five thousand dollars per annum.

§ 15.01.2. Residence requirements of officers. The residence requtire-
ments of § 15.1-51 of the Code of Virginia, as amended, shall not apply to
an officer of the city unless otherwise specifically provided by this charter,
or by a duly enacted ordinance or resolution.

§ 15.11. Service by United States Government Employees.—No per-
son otherwise eligible, shall be disqualified, by reason of his accepting or
holding employment, an office, post, trust or emolument under the Govern-
ment of the United States, from serving as an officer or employee of the
city, or as a member, officer, or employee of any body, including but not
limited to the council, any board, commission, authority, committee or
agency.

2. An emergency exists and this act is in force from its passage.