Chap. 367.—An ACT to provide for the creation and incorporation of the City
of Arlington; to provide a charter and form of government therefor; to pre-
scribe its confines; to transfer certain powers, rights, duties, obligations, prop-
erty and other matters; to provide how the foregoing may be accomplished ;
to continue certain ordinances, and acts, and preserve certain rights, and 2” re-
peal certain acts. [fH B 319]

Approved March 28, 1946
Be it enacted by the General Assembly of Virginia:
1. CHARTER OF THE CITY OF ARLINGTON
ARTICLE I

Incorporation; Form of Government ;
Transition from County

Section 1. Incorporation.—From and after the date, in the man-
ner, under the circumstances hereinafter provided, the territory now
composing Arlington County shall constitute and be a body politic and
corporate, to be known and designated as the City of Arlington, it now
appearing that the said community has a population of more than ten
thousand inhabitants, as shown by the last preceding United States
census.

Section 2. Boundaries.—The boundaries of the City of Arlington
as herein provided shall concide and be coextensive with the boundaries
of Arlington County as they exist immediately preceding the effective
date of this charter.

There shall also be included in the boundaries of the city any terri-
tory ceded to the Commonwealth of Virginia by any government or
agency thereof between the points where the northwest boundary of the
city intersects with the Potomac and where the southeast boundary of
such city intersects such River and such city shall include within its boun-
daries any territory added between the two such points by artificial fills,
alluvion, erosion or otherwise.

Section 3. Form of Government; General Powers.—The munici-
pal government provided by this charter shall be known as the “Council-
Manager Government.” The inhabitants of the City of Arlington, with-
in the boundaries set forth in Section Two of this Act, or as hereafter
established in the manner provided by law, shall be a body politic and
corporate for all purposes for which cities of the first class are incor-
porated in this Commonwealth, and as such, shall have, exercise and en-
joy all of the rights, immunities, powers and privileges, and be subject
to all of the duties and obligations encumbent upon and pertaining to
the said City as a city of the first class. Under the name of the City of
Arlington, 1t shall have perpetual succession, may use a corporate seal,
may sue and be sued, may acquire property within or without its boun-
daries for any municipal purpose, in fee, simple or lesser interest or
estate, by purchase, gift, devise, lease, di condemnation, and may so
lease, hold, manage and control such property as it may acquire; and
except as prohibited by the Constitution of Virginia or restricted by this
Charter, the City of Arlington shall have all municipal powers, functions,
rights, privileges and immunities of any kind or nature whatsoever to
which cities of the first class are now or may hereafter be entitled by
general law. The enumeration of particular powers by this Charter shall
not be deemed to be exclusive ; and in addition to the powers enumerated
herein, or implied thereby, or appropriate to the exercise of such powers,
it is intended that the City shall have and may exercise all powers which,
under the Constitution of this State, it would be competent for this
Charter to enumerate specifically.

Section 4... Transition from County.—Upon incorporation, the City
of Arlington, which will hereafter be referred to as the City, shall be-
come and be liable for the bonded indebtedness and current debts and
obligations of the County of Arlington, hereinafter referred to as the
County, as such obligations exist immediately preceding incorporation.
The City shall succeed in right and title to all properties, contracts and
rights of every nature then possessed by the County or any subdivision
or district thereof, including all money belonging to the County and its
books, records, papers and all other things of value. Upon incorpora-
tion, the ordinances of the County shall remain in full force and effect as
ordinances of the City.

The City of Arlington shall succeed to all of the rights and privi-
leges of the former County with respect to the laws under which its
water supply system and its sewerage and sewage disposal system have
been and are being installed, and to all of the rights and privileges grant-
ed by the Congress of the United States to the former County of Arling-
ton or possessed by the Arlington Sanitary District which is coextensive
with the County of Arlington. All of the County levies and taxes, both
current and delinquent, and all school and other funds held by the State
to the credit of the County of Arlington shall be turned over to the City
of Arlington. The tax levy and assessments made for the current or
ensuing year or years shall stand as the levy and assessment of the City.
All contracts entered into by the County for materials or supplies or con-
struction work in force on the date of incorporation shall thereby become
the contracts of the City.

_ The persons holding office as members of the County Board of the
County at the moment of its incorporation, shall become members of and
shall constitute the Council of the City of Arlington, and shall continue
to constitute all of such Council until the election and qualification of their
successors as provided by Article Two, Section Five hereof, notwith-
standing the duration of the term for which such persons may original-
ly have been elected. As such, they shall continue to have and exercise
all of the rights, powers and privileges conferred, and shall be subject to
all of the duties, liabilities and restrictions now imposed by law for the
government of cities of the first class of this Commonwealth and as
vested in members of Council by the following provisions of this Act.

Those persons who shall hold office as Commonwealth’s Attorney,
County Clerk, Sheriff, Tred$urer and Commissioner of the Revenue,
respectively, immediately preceding incorporation, shall by virtue of such
incorporation become respectively, the Commonwealth’s Attorney, Clerk
of the Courts, City Sergeant, City Treasurer and Commissioner of the
Revenue of the City of Arlington, and shall continue to hold office until
the expiration of the respective terms for which they were elected or
appointed and until their successors have been elected and have quali-
fied. They shall have and exercise all of the rights, powers and privi-
leges conferred and shall be subject to all of the duties, liabilities and
restrictions imposed by law upon officers of cities of the first class of this
Commonwealth. Their successors in the offices of Commonwealth’s At-
torney, Clerk of the Courts, City Sergeant, City Treasurer and Commis-
sioner of the Revenue of the City of Arlington shall be elected at the
regular November election, next preceding the end of the respective
terms for which they were elected or appointed ; and shall take office on
the first day of the next January; and elections for these offices shall
thereafter be held in the manner and for the term provided by general
law for cities of the first class of Virginia, except that the date of elec-
tion and commencement of term of office shall be as herein determined.

In any case in which no city officer or employee is designated as the
person who shall succeed to the powers, rights, duties, obligations, and
property held by, any county officer or employee then the council shall
designate some city officer or employee to perform the duties of such
officer and he shall succeed to, and be clothed with all rights, powers,
duties, obligations of, and county property held by, such county officer.

ARTICLE II
THE COUNCIL

Section 5. Number; Selection; Term—The Council of the City
shall be elected from the City at large for a term of four years or until
their successors have been elected and shall have qualified. Members
of the Council shall be elected on the second Tuesday in June next fol-
lowing the effective date of incorporation and on the second Tuesday
in June in each fourth year thereafter, and shall take office on the first
day of the next July.

The number of members of the Council shall be either five or seven,
as may be determined by a referendum provided by Part two of this Act.

Section 6. Qualifications—Members of the Council shall be quali-
fied electors of the City and shall hold no other City office.

Section 7. Salary.—The annual salary of members of the Council
shall be twelve hundred dollars, payable in equal monthly instalments.
The Council may change such salary, increasing or decreasing the an-
nual amount thereof, but only by ordinance, after regular public hearing.
No change shall be effective during the current term of any member of
Council enacting such ordinance.

Section 8. Presiding Officer—The Council at its first meeting and
annually thereafter, shall elect one of its members who shall have the
title of Chairman, shall preside at meetings of the Council and shall be
recognized as head of the City Government for all official and ceremonial
purposes. The Council shall also elect a Vice-Chairman who shall act
as Chairman during the absence or disability of the Chairman and who
shall become Chairman if a vacancy occurs in that office. The Chair-
man shall have the same powers and duties as other members of the
Council and shall have a vote but no power of veto.

Section 9. Powers of Council—The Council shall have and suc-
ceed to all powers possessed by the Arlington County Board immediate-
ly preceding the effective date of this Charter. It shall have all the gen-
eral powers vested in it as the Council of a city of the first class by the
Constitution and laws of this State. It shall be the legislative body of
the City; shall exercise within its jurisdiction all police powers which
the State itself may exercise under the Constitution except such as may
be specifically denied by general law. Except as may otherwise be de-
fined by this Charter, the Council shall be the repository of all municipal
power and authority of every nature whatsoever and may adopt every
such measure as it may deem expedient and necessary to secure and
promote the health, safety and general welfare of the inhabitants of the
City. The enumeration of particular powers by this Charter shall not
be deemed to be exclusive,.and in addition to the powers enumerated
herein, or implied hereby, or appropriate to the exercise of such powers,
it is intended that the City of Arlington through its Council shall have
and may exercise all powers which, under the Constitution of this State,
it would be competent for this Charter to enumerate specifically.

Without derogation to, or limitation upon the general grant herein
contained, the Council shall have power:

First: To fill and vacate the office of City Manager hereinafter
created, but only by the vote of a majority of all members.

Second : To sue.and be sued in the name of the City of Arlington, a
municipal corporation, in the manner and subject to the limitations pro-
vided by general law.

Third: To establish general policies for the administration of af-
fairs of the City.

Fourth: To create and change from time to time, or abolish, ad-
ministrative departments.

Fifth: To adopt the annual budget as hereinafter provided.

Sixth: To establish the general annual property tax levy, without
limitation in amount, for school or other purposes.

Seventh: Except as prohibited by general law to enact ordinances,
establishing license and occupational taxes, including, specifically, a li-
cense tax on vehicles using: the public streets of the City ; and to provide
penalties for the violation thereof.

Eighth: To borrow money and to authorize the i issuance of bonds
by appropriate ordinances, in the manner and subject to the limitations
imposed by this Charter.

Ninth: To regulate by ordinance the platting, subdivision and de-
velopment of land, and the establishment of streets, ways and easements
therein which may be dedicated to public use; and to establish and en-
force minimum requirements for the improvement of such streets, ways,
easements, and other areas intended to become public property, or other-
wise dedicated to the common use.

Tenth: To create personnel, planning or other Boards or Commis-
sions, to appoint members thereof and to define their duties, provided
that the Council shall not thereby undertake to divest itself of duties and
responsibilities delegated to it by this Charter and by general law; and
to establish and finance a pension and retirement plan for public employ-
ees.

Eleventh: To regulate and restrict the height and number of stories
of buildings and other structures, the size of yards and courts, the
density of populations and the location and use of buildings for trade,
industry, business, residence or other purpose.

Twelfth: To acquire, own and operate every manner of property,
public utility or public work as the Council may deem necessary for the
health and welfare of the inhabitants of the City; to grant franchises
for the use of public ways by utilities; to sell its surplus products or
service beyond the corporate limits of the City ; in general to do all things
in relation thereto not prohibited by general law. For the foregoing
purposes, the power of eminent domain may be exercised in any manner
permitted to the County of Arlington immediately preceding incorpora-
tion, or allowed to the Councils of cities under general law.
Thirteenth: To adopt regulations for the use and operations of
streets of the City by vehicles and pedestrians, including specifically the
same power to regulate the speed of motor vehicles which was possessed
by the County of Arlington, immediately preceding incorporation.,

Fourteenth: For making and improving the walkways upon then ex-
isting streets, and improving and paving then existing alleys, and for
either the construction, or for the use of sewers, the Council shall have
the power to impose a tax or assessment upon the land abutting such
improvements, or abutting the street along, or within which such im-
provements are constructed. But such assessment shall not be in excess
of the peculiar benefits resulting to the fund from such improvements.

The method of establishing such assessment, including provision
for determination of the amount thereof, notice, hearing, judicial review
and creation and enforcement of the lien thereof, may be determined by
ordinance.

The Council shall likewise have and exercise such powers in rela-
tion to special benefit assessments, as may be vested in it by general law,
or as may have been possessed by the County Board of Arlington Coun-
ty, immediately preceding incorporation.

Fifteenth: To provide as a penalty for the violation of any City
Ordinance a fine of not exceeding five hundred dollars or imprisonment
for a period of not more than three months in the City Jail, or both such
fine and imprisonment.

Section 10. Ordinances.—In addition to such acts of the Council
as are required by general law or by this Charter to be by ordinance,
every act of the Council establishing a line or other penalty shall be by
ordinance. The enacting clause of all ordinances shall be: “The Council
of the City of Arlington hereby ordains :”

Every ordinance shall be introduced in writing in the form in which
it is proposed for final passage, and shall next be published at least twice
with an interval of at least five days between such publications, in some
newspaper published and printed and having general circulation in the
City of Arlington, or if there be none, then in some newspaper having
general circulation therein. With such publication there shall appear a
notice of the time and place when and where the proposed ordinance
will be given a public hearing and considered for adoption.

At the time and place so advertised, or at any time and place to
which such hearing shall from time to time be adjourned, such ordinance
shall be read in full, and after such reading all persons interested shall
be given an opportunity to be heard.

After such hearing, the Council may adopt such ordinance, with or
without amendment ; provided that any amendment adopted without prior
publication shall be cognate to the subject of the ordinance as proposed
and advertised.

After such adoption, if the ordinance establishes a fine or penalty
upon its violation, it shall again be published in some newspaper pub-
lished and printed and having general circulation in the City, or if there
be none, then in some newspaper having general circulation therein ; and
it shall become effective from and after the date of such publication un-
less a later effective date shall be fixed by the terms of the ordinance.
Every other ordinance shall be effective from the date of its adoption, un-
less otherwise provided therein.

Section 11. Meetings of Council and Rules of Procedure.—All
meetings of Council shall be public. The Council shall determine its
own rules and order of business. It shall keep a journal of its proceed-
ings and the journals shall be open to public inspection at all times.

The Council shall meet at ten o’clock in the morning on the first
Saturday of July of each year. It shall then elect a Chairman and Vice-
Chairman for the ensuing year and shall determine the day and hour of
its regular meetings thereafter during the year. There shall be at least
two such regular meetings during each month of the year.

Members of the Council shall be subject to removal for cause and in
the manner prescribed by general law. A majority of the Council shall
constitute a quorum for the conduct of business unless a greater number
shall be required by charter or general law.

Any regular meeting of the Council may be adjourned from time to
time until its business shall have been completed, provided that the time
and place of the adjournment shall be determined before adjournment.

Section 12. Clerk of Council—The Council shall designate some
person who shall have the title of Clerk of Council, shall give notice of
its meetings, shall keep the journal of its proceedings, shall authenticate
by his signature and record in full in such journal all ordinances and reso-
lutions of the Council and shall be the custodian of the seal of the City.
The Clerk shall hold office at the pleasure of the Council and shall per-
form such other duties as may be required by this Charter, or by ordi-
nance, or by the Council.

Section 13. Special Meetings.——A special meeting of the Council
shall be held when requested by two or more of the members thereof,
which request shall be in writing addressed to the Clerk of the Council,
specifying the time and place of the meeting and the matters to be con-
sidered. Upon receipt of such request, the Clerk shall immediately notify
each member of the Council in writing to attend upon such meeting at
the time and place mentioned in said request, which notice shall specify
the matters to be considered at the meeting. The Clerk shall send a copy
of such notice to each member of the Council by registered mail not less
than three days before the day of said special meeting; or he may have
such notice served on the members of the Council by the Sergeant of the
City if he deems such method of service necessary to secure their at-
tendance or to provide adequate notice. No matter not specified in said
notice shall be considered at such meeting, unless all of the members
of the Council are present. The foregoing requirement of notice of a
special meeting may be waived by the consent in writing of all members
of the Council.

ARTICLE III
CITY MANAGER

Section 14. Qualifications The City Manager shall be chosen by
the Council solely on the basis of his executive and administrative quali-
fications with special reference to his actual experience in, or his knowl-
edge of, accepted practice in respect to the duties of his office as here-
inafter set forth. At the time of his appointment, he need not be a resi-
dent of the City or State, but during his tenure of office he shall reside
within the City. ;

Section 15. Powers and Duties—The City Manager shall be the
chief executive officer and shall have charge of all administrative depart-
ments of the city government. He shall be responsible to the Council
for the proper administration of all affairs of the City and to that end
he shall have power and shall be required to:

1. Appoint and, when necessary for the good of the service, re-
move all officers and employees of the City, except as otherwise provided
by this Charter, and except as he may authorize the head of a department
or office to appoint and remove subordinates in such department or of-
fice ;

2. Prepare the budget annually and submit it to the Council and
be responsible for its administration after adoption ;

3. Keep the Council advised of the financial condition and future
needs of the City and make such recommendations as may seem to him
desirable ;

4. The Manager shall execute in behalf of the City all contracts
in relation to the public works of the City which have theretofore been
approved by the Council through provision therefor in the annual bud-
get, or otherwise. He shall likewise draw vouchers in form approved by
the Council, upon the City Treasurer, in payment of all bills, claims
and accounts against the City for which money has previously been ap-
propriated, by provision in the annual budget, or otherwise. At the
second regular meeting of each month he shall present to the Council an
itemized statement of all expenditures made by him since his last re-
port, and on or before August fifteenth of each year he shall file with
the Clerk of the Council a detailed summary of the amounts expended by
him during the preceding year. Such annual report shall classify ex-
penditures made by him, in form corresponding to the classifications
by which the corresponding sums were appropriated in the annual bud-
get. Copies of such report shall be made available to interested per-
sons, upon request.

5. He shall perform such other duties as may be prescribed by
this Charter or required of him by the Council not inconsistent with this
Charter.

Section 16. Absence of City Manager—To perform his duties
during his temporary absence or disability, the Manager may designate
by letter filed with the City Clerk a qualified administrative officer of the
City. In the event of failure of the Manager to make such designation,
the Council may, by resolution, appoint some other person to perform
the duties of the Manager until he shall return or his disability shall
cease.

Section 17. Appointment; Term of Office and Removal.—Upon
the incorporation of the City of Arlington, the person who held the of-
fice of County Manager therein, immediately preceding such incorpora-
tion, shall continue in office as the City Manager, subject to all of the
provisions of this Charter. The term of his office as Manager shall
expire on December thirtieth next following incorporation, and on June
thirtieth of each year thereafter. He shall be notified at least sixty days
before the expiration of the fiscal year if his services are not desired for
the ensuing fiscal year. He shall receive such annual salary as the
Council may prescribe, payable in monthly instalments out of City funds.
He shall devote his full time to the performance of the duties of his
office.

The Council may remove the City Manager at any time for neglect
of duty, malfeasance or misfeasance in office.

ARTICLE IV
THE BUDGET .

Section 18. Fiscal Year.—The fiscal year of the city government
shall begin on the first day of July and shall end on the last day of June
of each calendar year. Such fiscal year shall also constitute the budget
and accounting year.

Section 19. Tentative Budget—The City Manager shall, on or
before March fifteenth of each year, prepare and submit to the Council
a tentative budget containing a complete itemized and classified plan of all
proposed expenditures and all estimated revenues and borrowings for
the City including those for school purposes, for the ensuing fiscal or
appropriation year. Opposite each item of proposed expenditures, the
budget shall show in separate parallel columns the amount appropriated
for the preceding appropriation year, the amount expended during that
year, the amount appropriated for the current year, and the increases
or decreases in the proposed expenditures for the ensuing year as com-
pared with the appropriation for the current year.

The tentative budget shall be accompanied by:

(a) A statement of the contemplated revenues and disbursements,
liabilities, reserves and surplus or deficit of the City as of the date of the
preparation of the budget.

(b) An itemized and complete financial balance sheet for the City at
the close of the last preceding appropriation year.

Section 20. Public Hearing; Notice; Publication—A brief syn-
opsis of the budget shall be published in a newspaper published and
printed and having general circulation in the City, or if there be none
then in some newspaper having general circulation therein; and notice
given of one or more public hearings, at least fifteen days prior to the
date set for hearing, at which any citizen or property owner of the City
shall have the right to attend and state his views thereon. Such hearing
may be adjourned from time to time until completed.

The manager shall furnish copies of the proposed budget to inter-
ested persons, upon request.

Section 21. Adoption of Budget; Change Permitted Thereafter —
Following such public hearing, and before the annual tax levy is made,
the Council shall adopt its final budget for the next ensuing fiscal year.
Such budget shall embrace all contemplated expenditures, itemized and
classified as above required for the tentative budget, and its adoption
shall be recorded upon the minutes of the Council. In the event of failure
of the Council to adopt a final budget as herein required, the tentative
budget submitted by the City Manager shall become the final budget.
After the budget has become effective no change shall be made in the
allocation of funds therein made unless such change is recommended by
the City Manager and approved by the City Council, provided that in no
event shall any change of more than ten percent be made in the total
allocation of funds to any major department of the city government.

ARTICLE V
THE APPROPRIATION AND EXPENDITURE OF FUNDS

Section 22. General Appropriation Resolution.—At its first regu-
lar meeting after the beginning of the fiscal year, the Council shall adopt
a general appropriation resolution, the purpose and effect of which shall
be to appropriate funds which shall thereafter be available for disburse-
ment by the Manager in payment for public works, services, materials or
other commitments, contemplated and provided for by the current bud-
get.

Section 23. Expenditure of Funds.—No public funds shall be ex-
pended for any purpose unless and until the Director of Finance shall
certify that there has been a valid appropriation of funds to cover such
expenditure ; that there is an unexpended fund balance for the payment
of same and that money, so appropriated, is likewise available. The
Director of Finance shall countersign each and every warrant drawn
on the City Treasurer for the expenditure of public money; and his
countersignature shall constitute a certificate that such warrant has been
issued in accordance with the requirements of this section.

Section 24. Extraordinary Appropriations and Expenditures.—

(1) Re-allocation of Budgeted Funds.

The Council, upon the recommendation of the City Manager, may
from time to time during the fiscal year adopt supplementary appropria-
tion resolutions, varying the allocation of funds as set up by the budget
and appropriated, but which have not theretofore been expended. Such
re-allocation and re-appropriation may be made only within the limits
defined in Article [V of this Charter.

(2) Appropriation of Surplus Funds.

The Council, upon the recommendation of the City Manager, may
also from time to time adopt resolutions appropriating surplus funds
for stated purposes. Surplus funds shall include only the following:

(a) Revenue receipts made available by the lapsing of unencum-
bered appropriation balances at the beginning of the budget year and
not included as estimated receipts in the current budget ;

(b) Receipts from revenue of the preceding fiscal year which have
not been included in the estimate of receipts in the current budget and
which are otherwise unencumbered.
(3) Emergency Appropriations.

The Council may also make an emergency appropriation to meet a
pressing need for public expenditure, for other than a regular or recur-
ring requirement, to protect the public health, safety or welfare. Such
appropriation shall be by resolution adopted by the favorable vote of at
least four-fifths of the members of the Council and shall be made only
upon the recommendation of the City Manager. The total amount of all
such appropriations made in any budget year shall not exceed three
per cent of the total operating appropriations made in the budget for that
year.

ARTICLE VI
BORROWING MONEY

Section 25. Classes of Debt.—The City, through its Council, shall
have power to borrow money in accordance with the provisions of this
article. All debts to be contracted by the City for borrowing money, and
all evidences of debt issued therefor, shall fall within Class I, Class II or
Class III as herein defined. The evidence of debt in each case shall show
on its face the classification under which it has been issued.

Section 26. Class I Debts; Tax Anticipation Notes.—The Council
of the City is authorized to issue its tax anticipation notes during any
fiscal year, which shall be payable in full not later than the last day of
the calendar year in which the money has been borrowed. No such note
or evidence of debt or renewal thereof shall be valid except in accordance
with this provision ; and the aggregate amount of all such notes outstand-
ing at any time shall not exceed seventy-five per cent of the total tax
levied, or to be levied, during such year for the fund against which the
money has been borrowed. Such notes shall be known and identified as
Class I Debts.

Section 27. Class II Debts; Short Term Capital Debentures.—
The Council may borrow such a sum or sums as shall not exceed in the
total amount outstanding, three per cent of the total assessed value of all
real estate within the City, in the manner and for the purposes herein set
forth. All evidences of debt issued pursuant to this provision shall be
identified at the time of issuance as “Class II Debentures.”

Authorization for the creation of debts of this class shall be by reso-
lution of a majority of all members of the Council. Debts of this class
may be incurred only for capital expenditures. Notice of intention to
incur such debt, and of a public hearing in relation thereto, shall be pub-
lished at least once, in a newspaper having general circulation in the City
at least two weeks prior to the date of such hearing. The notice shall
state the purpose or purposes for which the debt is proposed to be in-
curred; the estimated total cost of the project or projects; the amount
proposed to be borrowed; the aggregate amount of all Class II deben-
tures then outstanding and the then assessed value of real property in
the City. The public notice shall also contain a brief statement of the
necessity for incurring the proposed debt.
Any debt created by virtue of resolution after public hearing as
aforesaid, shall be payable in full not more than five years after the date
of its creation; and at least twenty per cent of the original principal
thereof, with all accrued interest, shall become due and shall be paid dur-
ing each year except the last year in which any portion of the debt shall
exist.

Debentures issued in evidence of Class II debts shall bear interest
at an annual rate of not more than six per cent and shall be sold, at
public sale after such advertisement as the Council shall determine, at
such price that the resulting cost shall not exceed six per cent per annum.

Section 28. Class III Debts; City Bonds.—Bonds of Class III
shall be issued only upon an ordinance enacted by the Council and ap-
proved by public referendum as hereinafter provided.

Section 29. The Bond Ordinance——The Bond Ordinance shall
contain in substance at least the following provisions :

(1) A title which shall state briefly the purpose or purposes for
which the bonds are proposed, and the total amount to be authorized.

(2) A brief description of the project, the estimated maximum cost
thereof and the estimated period of usefulness thereof.

(3) The total bonded indebtedness for which the City is liable be-
fore issuance of the proposed bonds, which recital shall show separately
the amount of bonds payable primarily from general taxation, and the
amount issued for revenue-producing projects.

(4) A schedule of dates upon which the several bonds will be pay-
able, to be determined in accordance with the following provisions of this
Charter.

(5) A declaration that the bonds authorized will be within all debt
and other limitations prescribed by the Constitution and laws of this
State.

Section 30. Appropriation of Money.—The enactment by the
Council of a Bond Ordinance shall be deemed an appropriation of money
for the sole purpose of the project as recited in the ordinance; and no
money so appropriated shall be used for any other purpose.

Section 31. Payment of Bonds.—The debt proposed to be created
by an ordinance enacted under this Charter, and to be evidenced by Class
III Bonds, as herein defined, shall be payable in full within the esti-
mated life of the project but in no event beyond thirty years from the
date of issuance of such bonds. The debt shall be payable in annual
instalments, and interest on the entire debt or the unpaid balance there-
of shall be payable semi-annually or annually after date of issuance of
the bonds. No annual instalment of principal shall be more than fifty
per cent in excess of the smallest prior instalment. No renewal or re-
funding shall be permitted to extend the time of payment herein required.

Section 32. Public Sale of Bonds.—All Class III Bonds issued
under this Charter shall be sold at public sale upon sealed proposals
after at least ten days’ notice published at least once in a publication
carrying municipal bond notices and devoted primarily to financial news
or to the subject of State and municipal bonds, and at least ten days’
notice published at least once in a newspaper having general circulation
in the City.

Section 33. Passage of Bond Ordinance.——The procedure for
passage of a bond ordinance shall be the same as that prescribed by this
Charter for other ordinances of the City, except that a bond ordinance
shall be adopted only by an affirmative vote of a majority of all members
of the Council. Such ordinance need not again be published after final
passage, and the effective date shall be as hereinafter determined.

Section 34, Public Referendum.—Upon the adoption by the Coun-
cil of a Bond Ordinance, the Clerk of the Council shall forthwith certify
a copy of the said ordinance to the Circuit Court of the City of Arlington
or to the Judge thereof, in vacation, who shall thereupon enter an order
requiring the judges of election to open a poll and take the sense of the
qualified voters of the City on the question of contracting the debt, bor-
rowing the money and issuing the bonds for the project proposed by the
said ordinance.

Section 35. The Election.—If a majority of the Council, by resolu-
tion, shall so request, the Circuit Court shall order a special election for
the purpose aforesaid, and such election shall be held on a day stated in
the order not less than twenty, nor more than forty, days from the date
of such order; otherwise the election herein provided for shall be held
on the next general election day which shall occur more than ten days
after the entry of the said order.

The regular election officers of the City, at the time designated in
such order authorizing such vote, shall open the polls at the various
voting places in the City, and shall conduct such election in the same
manner as is provided by law for other elections. The order of the
Court directing the election shall recite the ordinance and shall direct
the proper election officials to prepare for the use of the voters official
ballots on each of which shall be printed the title of the ordinance, fol-
lowed by the words, “For the Bond Issue” and “Against the Bond Is-
sue”. At such election, each qualified voter who shall approve con-
tracting the debt, borrowing the money and issuing the bonds for such
project as proposed by the ordinance, shall deposit a ticket or ballot in-
dicating in the manner provided by law that he has voted “For the
Bond Issue”. Each qualified voter who shall disapprove shall deposit a
ticket or ballot on which he shall record! his vote “Against the Bond
Issue”. The votes shall be counted, returns made and canvassed, as in
other elections, and the results certified by the Commissioners of Election
to the said Circuit Court. If it shall appear by the report of the Com-
missioners of Election that a majority of the qualified voters of the City
voting on the question approve contracting the debt, borrowing the money
and issuing the bonds for such project, the Circuit Court shall forthwith
enter an order declaring the ordinance to have been approved.

Section 36. Contest of Bond Issue—wWithin twenty days from
the'entry of such order, but not thereafter, any qualified voter or tax-
payer of the City may file proceedings to contest the said election or to
question the validity or legality of the project or of the bonds to be issued
for that purpose. Upon the expiration of said period, all recitals con-
tinued in the bond ordinance. and all steps theretofore taken in relation
to the issuance of said bonds shall be conclusively presumed to be valid.

Section 37. Payment of Bonds and Notes.—The power and obli-
gation of the City to pay any and all bonds and notes hereafter issued
by it pursuant to this Charter shall be unlimited and the City shall levy
ad valorem taxes upon all the taxable property within the City for the
payment of such bonds or notes and interest thereon, without limitation
of rate or amount. The faith and credit of the City are hereby pledged
for the payment of the principal of and interest on all bonds and notes
of the City hereafter issued pursuant to this Charter, whether or not
such pledge be stated in the bonds or notes, or in the bond ordinance
authorizing their issuance.

The aggregate amount of all outstanding debts of all classes pro-
vided by this Article shall not exceed at any time any limitation imposed
by the Constitution of Virginia.

ARTICLE VII
DEPARTMENT OF FINANCE

Section 38. Director of Finance; Appointment and Qualifications.
—Among the departments of the city government there shall be a de-
partment of finance, the head of which shall be the Director of Finance,
who shall be appointed by the City Manager. The Director of Finance
shall have knowledge of municipal accounting and taxation and shall have
had experience in budgeting and financial control.

Section 39. Director of Finance; Powers and Duties.—The Di-
rector of Finance shall have charge of the administration of the financial
affairs of the City, and to that end he shall have authority and shall be
required to:

(1) Compile the current expense estimates for the budget for the
City Manager ;

(2) Compile the capital estimates for the budget for the City Man-
ager;

(3) Supervise and be responsible for the disbursement of all moneys
and have control over all expenditures to ensure that budget appropria-
tions are not exceeded ;

(4) Maintain a general accounting system for the city government
and each of its offices, departments and agencies; keep books for, and
exercise financial budgetary control over each office, department and
agency; and keep separate accounts for the items of appropriation con-
tained in the City budget, each of which accounts shall show the amount
of the appropriation, the amounts paid therefrom, the unpaid obligations
against it and the unencumbered balance;

(5) Submit to the City Manager and Council, at least monthly, or
more frequently if required, a statement of all receipts and disburse-
ments, in sufficient detail to show the exact financial condition of the
City ; and approve, or disapprove, all financial reports which the Man-
ager may be required to make to the Council ;
(6) Prepare for the City Manager, as of the end of each fiscal
year, a complete financial statement and report ;

(7) Supervise and be responsible for the purchase, storage and
distribution of all supplies, materials, equipment and other articles used
by any office, department or agency of the city government ;

(8) Approve all proposed expenditures. Unless he shall certify
that there is an unencumbered balance of appropriated and available
funds, no expenditures shall be made.

Section 40. Accounting Supervision and Control.—The Director
of Finance shall have power and shall be required to:

(1) Prescribe the forms of receipts, vouchers, bills or claims to
be used by all the offices, departments and agencies of the city govern-
ment ;

(2) Examine and approve all contracts, orders and other docu-
ments by which the city government incurs financial obligations, having
previously ascertained that moneys have been appropriated and allotted
and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls
and other evidences of claims, demands or charges against the city gov-
ernment and with the advice of the Department of Law determine the
regularity, legality and correctness of such claims, demands or charges;

(4) Inspect and audit any accounts or records of financial transac-
tions which may be maintained in any office, department or agency of the
city government apart from or subsidiary to the accounts kept in his
office.
Section 41. When Contracts and Expenditures Prohibited.—No
officer, department or agency shall, during any budget year, expend or
contract to expend any money or incur and liability, or enter into any
contract which by its terms involves the expenditure of money, for any
purpose, in excess of the amounts appropriated for that general classi-
fication of expenditure pursuant to this Charter. Nothing in this section
contained, however, shall prevent the making of contracts or the spend-
ing of money for capital improvements to be financed in whole or in part
by the issuance of bonds, nor the making of contracts. of lease or for
services for a period exceeding the budget year in which such contract
is made, when such contract is permitted by law.

Section 42. Appropriations Lapse at End of Year.—All appropria-
tions shall lapse at the end of the budget year to the extent that they
shall not have been expended or lawfully encumbered.

Section 43. Fees Shall Be Paid to City Government.—All fees re-
ceived by any officer or employee in his official capacity shall belong to
the city government and shall be paid daily through the Department of
Finance to the City Treasurer.

Section 44. Division of Purchases; Purchasing Agent.—There
shall be established in the Department of Finance a division of purchases,
the head of which shall be the City Purchasing Agent. The Purchasing
Agent, pursuant to rules and regulations established by ordinance, shall
contract for, purchase, store and distribute all supplies, materials and
equipment required by any office, department or agency of the city gov-
ernment. The Purchasing Agent shall have power and shall be re-
quired to:

(1) Establish and enforce specifications with respect to supplies,
materials and equipment required by the city government ;

(2) Inspect or supervise inspection of all deliveries of supplies, ma-
terials, and equipment, and determine their quality, quantity and con-
formance with specifications ;

(3) Have charge of such general storerooms and warehouses as
the Council may provide by ordinance;

(4) Transfer to or between offices, departments or agencies, or sell,
surplus, obsolete or unused supplies, material and equipment.

Section 45. Competitive Bidding.—Before the City Purchasing
Agent makes any purchase of or contract for supplies, materials or equip-
ment, he shall give ample opportunity for competitive bidding, under
such rules and regulations, and with such exceptions, as the Council may
prescribe by ordinance; provided, however, that the Council shal not ex-
cept individual contracts, purchases or sales from the requirement of
competitive bidding.

Section 46. Contracts for City Improvements.—Any city improve-
ment costing more than one thousand dollars shall be executed by con-
tract, except where such improvement is authorized by the Council to be
executed directly by a city department in conformity with detailed plans,
specifications and estimates. All such contracts for more than one thou-
sand dollars shall be awarded to the lowest responsible bidder 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 ad-
vertise again. Alterations in any contract may be made when authorized
by the Council upon the written recommendation of the City Manager.

Section 47. Accounting Control of Purchases.—All purchases made
and contracts executed by the Purchasing Agent shall be pursuant to a
written requisition from the head of the office, department or agency
whose appropriation will be charged, and no contract or order shall be
issued to any vendor unless and until the Director of Finance certifies
that there is to the credit of such office, department or agency a sufficient
unencumbered appropriation balance to pay for the supplies, materials,
equipment or contractual services for which the contract or order 1s to
be issued.

Section 48. No Contract Executed Until Bond Ordinance Effec-
tive.—No contract shall be executed for the acquisition of any property
or the construction of any improvement or betterment to be financed by
the issuance of bonds until the ordinance authorizing the issuance of such
bonds shall have taken effect and any contract executed before such day
shall be unenforceable in any court of law.

ARTICLE VIII
DEPARTMENT OF PUBLIC WELFARE

Section 49. Transition.—Upon incorporation, the Board of Pub-
lic Welfare of the County shall cease to exist, and thereafter the Board
of Public Welfare of the City shall be as determined by General Law.
There shall be a Department of Welfare of the City, which shall be or-
ganized and operated under the direction of the City Manager, in the
same manner as other departments of the city government under this
Charter and under the General Law applicable to cities of the first class.
The City Council shall bear the same relationship to the Department of
Welfare as it has in relation to other administrative departments of the
city government.

The City shall take over all funds, records and property rights of the
County Public Welfare Department; and the employees of that depart-
ment shall become employees of the City. Its function shall thereafter be
discharged by the city government in accordance with the provisions of

General Law.

ARTICLE IX
DEPARTMENT OF PERSONNEL

Section 50. Plan to be Established; Merit System— Within one
year from the date of incorporation of the City, the Council shall create
a department of personnel. The head of this department shall be the
Manager or some person designated by him, who shall have had training
and experience in personnel administration.

The Council shall formulate and establish a comprehensive plan
creating a classified service which shall embrace all appointive employees
of the City. The purpose of this provision is to require that appoint-
ments and promotions in the administrative service of the City shall be
made solely on the basis of merit; that the employees of the City mav
be compensated upon a fair and equitable basis; and that a pension and
retirement plan may be established, if the Council shall determine such
a plan to be in the best interest of the City.

No member of the Council shall interfere with, or attempt to influ-
ence the Manager in any personnel matter upon which this Charter gives
the Manager exclusive authority.

ARTICLE X
-DEPARTMENT OF LAW

Section 51. City Attorney; Appointment, Tenure of Office; Com-
pensation.—There shall be a Department of Law, the head of which shall
be known as the City Attorney, who shall be appointed by the City Man-
ager with the advice and consent of the Council. His appointment shall
be for an indefinite term which may be terminated by the joint action
of the Manager and the Council. His compensation shall be fixed by
the Council.

Section 52. City Attorney; Qualifications—The City Attorney
shall be an attorney at law who shall be a resident of the State and City
and who shall have been admitted to practice before the Court of Appeals
of Virginia, at least five years prior to his appointment.
Section 53. City Attorney; Powers and Duties——The City At-
torney shall be the chief legal adviser of the Council and of all offices,
departments and agencies and of all officers and employees of the City in
matters relating to their official powers and duties. He shall represent
the City in all legal proceedings. It shall be his duty to perform all
services incident to his position as may be required by statute, by this
Charter, by ordinance or by the Council.

ARTICLE XI
PUBLIC SCHOOLS

Section 54. Transition.—From and after the effective date of in-
corporation, the public school system of the County shall become the
public school system of the City of Arlington and shall be regulated and
governed by the General Law of Virginia applicable to cities of the first
class, except as hereinafter set forth.

Section 55. Corporate Structure.——The school trustees shall be a
body corporate under the name and style of “The School Board of the
City of Arlington,” by which name it may sue and be sued, contract and
be contracted with, acquire and hold real estate, and in general exercise
all powers and duties and be subject to all responsibilities of the School
Board of a city of the first class, except that there shall be no restriction
upon the quantity of land which may be acquired for school purposes.
Title to all real estate, funds, contracts, books, records and other public
school property of every kind shall become vested in the School Board
of the City, which shall, also, be liable for the legal obligations of the
former County School Board.

Section 56. School Trustees——The persons holding office as mem-
bers of the County School Board of the County at the moment of incor-
poration, shall become members of, and shall constitute the School Board
of the City,,and shall continue to be the members of such Board until
the election and qualification of their successors, as provided by Section
fifty-seven below, notwithstanding the duration of the term for which
such persons may originally have been appointed. As such, they shall
continue to have and exercise all of the rights, powers and privileges
conferred, and shall be subject to all of the duties, liabilities and re-
strictions imposed by law for the government of cities of the first class,
except as herein otherwise provided.

All employees and appointees of the School Board holding office or
employment for fixed terms shall continue to hold their respective offices
for the terms of their current appointments.

Section 57. School Trustees: Selection—Thereafter, the School
Board of the City shall consist of five members, each of whom shall be
chosen from the City at large, for a term of four years, in the manner
hereinafter set forth.

If it shall be determined by the referendum hereinafter provided that
the members of the School Board shall be elected by popular vote, they
shall be so elected at the same time and in the same manner as members
of the City Council. If the referendum shall determine that members
of the School Board of the City of Arlington shall be elected by the City
Council, it shall be the duty of the Council during the month of July
of the first year of incorporation, and during the same month of each
fourth year thereafter, to elect five members of the City School Board
for a term of four years.

In either event, they shall take office on the first day of August next
following their election.

ARTICLE XII
CONSTITUTIONAL OFFICES

Section 58. Designation of Offices——There shall be in the City
of Arlington the following named offices, as established by the Con-
stitution of Virginia:

Clerk of the Courts

Attorney for the Commonwealth
Commissioner of Revenue

City Treasurer

City Sergeant

Section 59. Duties of Constitutional Officers—The duties, re-
sponsibilities, emoluments and terms of office of each of the foregoing
officers shall be in all respects as provided by general law, by this Charter
or by the City Council, not inconsistent with the Constitution, except that
their respective terms shall begin and end as set forth in Article I of this
Charter.

The City Treasurer shall collect all city taxes and other accounts
receivable by the city. He shall prepare and transmit to the taxpayer
all bills for such taxes. Bulls for other accounts receivable, payable to the
Treasurer, shall be prepared by the department of the city government
in which the charge originates, or otherwise as may be directed by the
Council. .

Whenever any item of tax or other account receivable shall become
more than one year overdue, the Council may adopt any additional mea-
sure independently of, or in conjunction with the Treasurer to enforce
payment thereof to the City Treasurer.

ARTICLE XIII
COURTS

Section 60. Designation—There shall be a Circuit Court, a Cor-
poration Court and a Municipal Court.

Section 61. Circuit Court; Jurisdiction—Upon incorporation, the
City of Arlington shall constitute the Thirty-fifth Judicial Circuit of
Virginia. The jurisdiction and authority of this Court shall be as es-
tablished by General Law for Circuit Courts of cities of the first class in
Virginia.

Section 62. Circuit Court; Judge——-That person who holds office
as Judge of the Circuit Court of Arlington County immediately preced-
ing incorporation shall thereby become and continue to be the Judge of
the Circuit Court of the City of Arlington for the term of his original
appointment. He shall continue to hold said office in all respects in ac-
cordance with the general laws of Virginia which relate to the office of
Judge of the Circuit Courts of cities of the first class. Upon the expira-
tion of his term or in the event of a vacancy in said office, the office shall
be filled in the manner then provided by General Law. _

Section 63. Circuit Court; Transition.—All actions of every kind,
criminal as well as civil, pending in the Circuit Court of the County,
at the effective date of incorporation, shall thereupon and thereby retain
an identical status in the Circuit Court of the City. Such actions shall
automatically be transferred to, and shall proceed to final judgment in,
the latter Court. The Circuit Court of the City shall have full authority
to issue writs, enforce judgments and decrees and exercise every manner
of judicial function in relation to former actions in the Circuit Court of
the County, as though no change had been made in the status of the latter.

Section 64. Corporation Court; Jurisdiction—In the event of in-
corporation there shall be created a Corporation Court of the City of
Arlington. The jurisdiction of said Court shall be determined by General
Law of the State in relation to corporation courts of cities of the first
class. ,
Section 65. Corporation Court; Judge—The Judge of the Circuit
Court of the City of Arlington shall be, ex-officio, the Judge of the Cor-
poration Court and shall continue to hold that office unless and until the
Supreme Court of Appeals of Virginia shall certify to the General As-
sembly of Virginia or to the Governor of Virginia, if the General As-
sembly be not in session, that it has become necessary for the efficient
dispatch of the public business, that an additional Judge be elected or
appointed to discharge the duties of Judge of the said Corporation Court.
Thereupon, the General Assembly or the Governor, as the case may be,
shall fill that office in accordance with the provisions of the General Law.

Section 66. Municipal Court; Jurisdiction—Upon the effective
date of incorporation, there shall be a Municipal Court of the City of
Arlington which shall succeed, replace and have the same jurisdiction
in every respect as possessed by the County Court of Arlington County
under the law in force immediately preceding such incorporation, name-
ly, Chapter one hundred sixty-six, Acts of Assembly nineteen hundred
thirty, as amended, including jurisdiction to try persons accused of viola-
tions of city ordinances.

Section 67. Municipal Court; Judge and Substitute Judge—Upon
that event, the Office of Justice of the County Court shall be abolished,
but the person who held that office immediately preceding the effective
date of incorporation shall continue in office as the Judge of the Munici-
pal Court of the City of Arlington until the expiration of the term for
which he was elected Justice of the County Court. The Judge and the
Substitute Judge of said Court shall possess all qualifications, shall have
and exercise all duties and responsibilities and shall receive such emolu-
ment as provided by the said Chapter one hundred sixty-six, as amended.

Section 68. Municipal Court; Transition—All rights of parties
litigant before said court shall be so determined by the said Act as amend-
ed, except that the City is hereby given the right of appeal from any de-
cision of said Court denying the constitutionality of any city ordinance or
law of the State.

All matters pending in the County Court at the effective date of
incorporation, shall continue, without other change in status, as matters
in the Municipal Court of the City.

Section 69. Municipal Court; Election of Judge——In the general
election held on the Tuesday after the first Monday in November, next
preceding the expiration of the term of office for which the Justice of the

ormer County Court was elected, and each four years thereafter, there
shall be elected by the people for a term of four years a Judge for the
Municipal Court of the City, and thereafter a Substitute Judge shall be
appointed and both shall have the same qualifications and shall be subject
to the same rules as prescribed by the said Act of Assembly as amended.

ARTICLE XIV
ELECTIONS

Section 70. Regulated by State Law.—Elections within the City
shall be held on the Tuesday following the first Monday in November
and governed in all respects in accordance with the general law of the
Commonwealth, except that all councilmen and, all members of the
School Board, if the School Board is elected by popular vote, shall be
elected on the second Tuesday in June.

Any qualified voter of the City may become a candidate for any
elective public office in the city, by giving written notice in the manner
and within the time prescribed by general law. Candidates for City
Council and School Board shall file notice of candidacy in form prescribed
by general law and with the Clerk of the Courts of the city, together
with a petition therefor signed by fifty qualified voters of the city, each
signature to which has been witnessed by a person whose afhdavit to
that effect is attached to such petition. No person otherwise qualified
shall be required to be the nominee of, or to be affliated with, any political
party in order to become a candidate for said offices.

No official ballot to be used in the election for any city office shall
have printed thereon any distinguishing mark or symbol. Nor shall such
official ballot designate the name of any candidate appearing thereon as
the nominee of any political party.

Unless otherwise provided, the general registrar of the county shall
be constituted and continue as the general registrar of the city, if and
when created; the lists of persons qualified to vote in the county just
prior to the time that it becomes a city shall constitute the list of qualified
voters in the city until such time as new lists can be made.

ARTICLE XV
INDEPENDENT AUDIT
Section 71. Annual Audit.—There shall be an annual independent
audit of the finances of the City, conducted as prescribed by the general
law of Virginia.
ARTICLE AVI
GENERAL PROVISIONS

Section 72. Contracts Extending Beyond One Year.—No con-
tract involving the payment of money out of the appropriations of more
than one year shall be made for a period of more than five years; nor
shall any such contract be valid unless made or approved by ordinance.
This provision shall not apply to the establishment of pension or retire-
ment plans for public employees of the City.

Section 74 Publicity of Records.—All records and accounts of
every office, department or agency of the City shall be open to inspection
by any citizen, any representative of a citizens’ organization or any rep-
resentative of the press at all reasonable times and under reasonable
regulations established by the City Manager, except records and docu-
ments the disclosure of which would tend to defeat the lawful purpose
which they are intended to accomplish.

Section 74. Compilation of Laws.—(a) As soon as practicable
after the beginning of each fiscal year, the City Attorney shall prepare
and publish a pamphlet, with index, of the laws enacted and of all rules,
regulations and ordinances issued or approved by the City Council of
Arlington during the preceding fiscal year.

(b) The City Council shall provide for a compilation and codifica-
tion every fifth year of all public local laws of the City heretofore enacted
by the General Assembly and hereafter enacted by the City Council and of
all rules, regulations and ordinances having the force and effect of law at
the beginning of the fiscal year. Each such codification, with the City
Charter then in effect, shall be published promptly in a bound volume,
and printed copies shall be available to the public, at cost. .

Section 75. Applicability of General Law.—The General Law of
the Commonwealth of Virginia, in relation to cities of the first class shall
be applicable to the City of Arlington except insofar as the provisions of
this Charter shall be in conflict with such General Law. If any pro-
vision of this Charter, in conflict with General Law, shall be held invalid,
the General Law shall prevail.

Section 76. Amending the Charter.—This charter may be amend-
ed from time to time in the manner provided by the Constitution and
General Law of Virginia for the amendment of charters of cities of the
first class.

Section 77. Separability Clause——If any section or part of section
of this Charter shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the remainder of this Charter nor the con-
text in which such section or part of section so held invalid may appear,
except to the extent that an entire section or part of section may be
inseparably connected in meaning and effect with the section or part of
a section to which such holding shall directly apply.

Section 78. Representation in General Assembly of Virginia.—
Upon incorporation, the City of Arlington shall be entitled to the same
representation in the General Assembly of Virginia as that to which the
County of Arlington would be entitled at the time of such incorporation,
if it had remained a county.
Section 79. Effective Date of Incorporation.—The City of Arling-
ton shall come into existence and this Charter shall become effective on
the second day of the year next following the year in which the qualified
voters of the County of Arlington shall determine that the county shall
be incorporated as a city of the first class, at an election to be held in
accordance with the provisions of the Act of the General Assembly of
Virginia establishing this Charter.

SCHEDULE

At the time provided in this act for the creation and incorporation
of the City of Arlington, and upon such creation and incorporation, all
county officers shall become, and be, city officers; all rights, powers,
duties, and obligations possessed, conferred or imposed upon such county
officers shall be likewise exercised, performed and done by the city officer
succeeding to such county officer; all laws, acts and parts thereof con-
ferring or imposing any power or duty upon the County of Arlington
shall apply to the City of Arlington, unless such application be uncon-
stitutional or invalid, and be exercised or performed by such city; all
rights, powers, duties, and obligations of the county shall be exercised
and performed by the city; all right, title and interest of the county in
and to any property of any nature shall be transferred to and vested in
the city; all taxes levied and imposed by the county shall continue to be
levied, and imposed by the Council until otherwise provided; all suits,
actions or proceedings of, or against, the county shall be continued in
the name of or against the city sand, in general, the city shall succeed to
all rights and duties of the county.

2. Be it further enacted that the foregoing provisions of this Act
shall not become or be effective unless and until a majority of the quali-
fied electors of the County of Arlington, voting on the question in an
election ordered and held as hereinafter provided, votes in favor of in-
corporating the County of Arlington as a city of the first class, in which
event, the question whether members of the City School Board shall be
elected by the City Council or elected by the people shall be determined by
a majority of the qualified voters of the City, voting on the question.
separately in the election hereinafter provided for.

There shall also be submitted to the voters at the same time, the fol-
lowing question: Shall the City Council consist of five members or seven:
members ?

The Circuit Court of the County, or the Judge thereof in vacation,
shall, upon the petition of not less than one thousand of the qualified
voters of said County, make an order requiring the judges of election in
such County at the next regular election to be held in said County, or at
a special election to be held not less than thirty days from the date of
the order, which date shall be stated therein, to open a poll and take the
sense of the qualified voters of the county on the question:

(a) Whether the County of Arlington shall be incorporated as a
city of the first class;

(b) Whether the members of the City School Board shall be elected.
by the City Council or elected by the qualified voters of the City.
(c) Whether the City Council shall consist of five members or seven
members.

Notice of the holding of such election shall be given by the posting
by the Sheriff of Arlington County of one or more copies of a notice in
such form as may be prescribed by the Judge of the Circuit Court of the
County, at each and every polling place in the County not less than fif-
teen days prior to the date stated in said order of the Circuit Court, or
the Judge thereof in vacation, directing said election to be held. The
ballots for use at such election shall be provided and distributed by the
electoral board of the County to the judges of election in the several vot-
ing districts of the County, within the time and in the manner prescribed
by law, and on the day fixed by the order so made by the Court, or Judge,
for the holding of said election, the regular election officers of the County
shall open a poll and take the sense of the qualified voters of the County
on the questions hereinafter mentioned. Each election shall be held and
conducted in the manner prescribed by law for other elections, provided,
however, that the ballots for use at such election shall be printed to read
as follows.

Question: Shall Arlington County be incorporated as a city of the
first class?

© For Incorporation.

O Against Incorporation.

Question: Shall the members of the City School Board be elected
by the City Council or elected by the people?

0 For election by City Council.

O For election by the people.

Question: Shall the City Council consist of five members or seven
members ?

O For five members.

O For seven members.

The ballots shall be counted and returns made and canvassed as in
other elections, and the results certified by the commissioners of election
to the Clerk of the Court, or the Court or Judge calling such election.

If it shall appear by the report of the commissioners of the election
that a majority of the voters of the County voting on the question are
in favor of the incorporation of said County as a body politic and cor-
porate, the County Clerk shall certify that fact to the Circuit Court or
the Judge thereof, whereupon the Court, or the Judge thereof in vaca-
tion, shall enter of record an order directing that the government and
corporate existence of said County shall cease and determine at the be-
ginning of the second day of the next year thereafter, at which moment
the City of Arlington shall become a legal entity, and the new city charter
and city government provided by Section One of this Act shall become
effective. The order shall also show the determination of the other ques-
tions submitted to referendum.

In the event that the people of the county of Arlington shall vote
against incorporation, other subsequent elections may be called and held
on the same questions and in the same manner as herein provided for
the first election, except that no election shall be held within one calendar
year of the last preceding election on the same questions.
3. Chapter four hundred sixty-four of the Acts of Assembly of
nineteen hundred forty-two, approved April six, nineteen hundred forty-
two, relating to incorporation of the City of Arlington, shall be, and
stand, repealed as of the first moment that 'the city is created under this
act. ,
4. An emergency exists and this act is in force from its passage.