CHAPTER 429

An Act to amend and reenact §§ 3.02, 4.01 as amended, 4.12, 4.17, 6.02
as amended, 6.09, 6.19, 17.02, 17.06, 17.07, 17.08, 17.18, 19.01 as
amended, 19.02, 19.08, 19.04, 19.05, 19.06, 19.07 as amended, 19.08,
19.09, 19.10, 19.12, 19. 18 and 20. 02 as amended, of Chap. 328 of the
Acts of Assembly ‘of 1950, approved April 4, 1950, which provided a
charter for the city of Falls Church, the sections relating to nomina-
tion of candidates for council; composition of council; certain refer-
enda; procedure concerning charter amendments; submission of
budgets and hearings thereon; composition and certain functions and
duties of the planning commission; adoption of master plan; district
boundaries; municipal courts and judges and officers thereof and
election of the school board.

(S 141]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.02, 4.01 as amended, 4.12, 4.17, 6.02 as amended, 6.09, 6.19,
17.02, 17.06, 17.07, 17.08, 17.13, 19.01 as amended, 19.02, 19.03, 19.04, 19.05,
19.06, 19.07 as amended, 19.08, 19.09, 19.10, 19.12, 19.13 and 20.02 as
amended, of Chap. 323 of the Acts of Assembly of 1950, approved April
4, 1950, be amended and reenacted as follows:

§ 8.02. Candidates for the office of councilmen may be nominated
by petition or under general law. There shall be printed on the ballots
used in the election of councilmen the names of all candidates who have
been so nominated. The requirements for nomination by petition shall be:

(a) Any qualified voter of the city actually residing within the cor-
porate limits may be nominated by filing, not less than sixty days before
such election, with the clerk of the circuit court of the county of Fairfax
and with the State Board of Elections a petition signed by not less than
fifty qualified voters of the city; each signature to such petition shall be
witnessed by a person whose affidavit to that effect is attached thereto, to-
gether with the notice of candidacy required by the general laws of the
Commonwealth relating to elections.

(b) The petition shall state the name and address of the residence
of the person whose name is presented thereby as a candidate.

The requirements for nomination under general law shall be as
therein prescribed.

§ 4.01. The council shall consist of seven members, who shall be quali-
fied voters of the city actually residing within the corporate limits, and they
shall be elected as provided in Chapter 3. They shall each receive in full
compensation for their services the sum of fifty dollars per month and shall
not be entitled to any other allowance of any kind except that the mayor or
vice-mayor when acting as mayor, or any member of the council, subject
to the approval of the council, may be allowed his actual expenses incurred
in representing the city. No member of the council shall during the term
for which he was elected and one year thereafter be appointed to any office
of profit under the government of the city.

§ 4.12. The council shall have authority, by resolution, to submit
to the qualified voters of the city for an advisory referendum thereon any
proposed ordinance or amendment to the city charter, not less than thirty
nor more than sixty days after the passage of such resolution, The elec-
tion shall be conducted and the result thereof ascertained and determined
in the manner provided by § 24-141 of the Code of Virginia. If a petition
requesting the submission of an amendment to this charter, set forth in
such petition, signed by qualified voters equal in number to ten per cent
of the largest number of votes cast in any general or primary election held
in the city during the five years immediately preceding and verified as
hereinafter provided, is filed with the city clerk he shall forthwith certify
that fact to the council. The signatures to such petition shall be witnessed
by a person whose affidavit to that effect is attached thereto. Upon the
certification of such petition the council shall order an election to be held
not less than thirty nor more than sixty days after such certification, in
which such proposed amendment shall be submitted to the qualified voters
of the city for their approval or disapproval. Such election shall be con-
ducted and the results thereof ascertained and determined in the manner
provided by law for the conduct of general elections and by the regular
election officials of the city. Ifa majority of those voting thereon at such
election approve the proposed amendment, such results shall be com-
municated by the city clerk to the two houses of the General Assembly
and to the representatives of the city therein with the same effect as if
the council had adopted a resolution requesting the General Assembly to
adopt the amendment.

§ 4.17. * Requests to the General Assembly for amendments to this
charter shall be by one of the following procedures:

(a) By initiative of the qualified voters as set forth in § 4.12 hereof.

(b) By election of the qualified voters of the city. The council may
provide for holding an election to determine if the qualified voters of the
city desire that it request the General Assembly to amend its charter.
Such election shall be held within thirty days following the action of the
council with respect thereto. At least ten days prior to the holding of such
election, the text, or an informative summary of the amendments pro-
posed shall be published in a newspaper of general circulation in the city.
If a majority of the qualified voters voting in such election vote in favor
of such amendments to the charter, the Clerk shall transmit the necessary
copies of the requested amendments to the General Assembly.

(c) By resolution of a majority of the entire council. At least ten
days notice of the time and place of a public hearing and the text or an
informative summary of the proposed amendments shall be published in
a newspaper of general circulation in the city. The public hearing may
be adjourned from time to time, and upon adoption of a resolution to re-
quest the proposed amendments, the Clerk shall transmit the necessary
copies to the General Assembly.

§ 6.02. On a day to be fixed by the council * the city manager shall
submit to the council: (a) separate current expense budgets for the gen-
eral operation of the city government, hereinafter referred to as the
general fund budget, including the total budget for the support of public
schools as filed with him by the school board, and for each utility as de-
fined in Chap. 13 of this charter; (b) a budget message and the budget
message of the school board; and (c) a capital budget, including the capital
budget * as defined in § 6-19 together with the capital budget for schools
as submitted to the planning commission by the school board.

§ 6.09. A public hearing on the budget plan as a whole shall be held
by the council within the time and after the notice provided for hearings
on ordinances by § 4.10 of this charter, except that the notice of such
hearing shall be published in a newspaper of general circulation in the city.
The second reading of the budget ordinances and the public hearing shall
be not later than the first regular council meeting in May.

§ 6.19. At the same time that he submits the current expense budg-
ets, the city manager shall submit to the council a program previously
acted upon by the city planning commission, as provided in Chap. 17
of this charter, of proposed capital improvement projects, including
schools, as defined in § 7.02 of this charter, for the ensuing fiscal year
and for the four fiscal years thereafter, with his recommendations as to
the means of financing the improvements proposed for the ensuing fiscal
vear. * The city manager shall submit with the capital budget an ordinance
making appropriations for the capital improvement projects proposed for
the ensuing fiscal year, including the capital improvement projects as
proposed by the school board, and any ordinance or ordinances necessary
to provide the revenue required to finance the proposed projects, unless such
appropriations and revenues have been included in the revenue and ap-
propriation ordinances for the general fund or for each utility or under
the Water Works Renewal Fund, or the Sanitary Sewer Works Renewal
fund. Whenever the revenue for financing any capital improvement project
or projects is to be derived from the sale of bonds, the bond ordinance
need not be introduced at the time of submission of the capital budget, but
any appropriations for any project or projects, to be so financed shall be
contingent upon the issuance of such bonds being authorized in accordance
with § 7.06 of this charter. The council shall have power to accept, with or
without amendments, or reject, the proposed program and proposed means
of financing for the ensuing fiscal year but, except in the case of emergency
as provided in subsection (d) of § 2.02 of this charter, and except to meet
needs for capital improvements arising out of annexation of additional
territory taking effect during the current or preceding fiscal year and
except to meet needs for capital improvements which could not reasonably
have been foreseen at the time of adoption of the capital budget, the
council shall not authorize any capital improvement project or make any
appropriation therefor unless the appropriation for such project is included
in the capital budget as adopted by it. The council shall take final action
on the capital budget and on any revenue or appropriation ordinance sub-
mitted therewith, not later than the twenty-eighth day after the adoption
of the general fund budget. The council shall in no event adopt a capital
budget in which the total of expenditures for the ensuing fiscal year exceeds
the estimated receipts unless at the same time it adopts measures for pro-
viding additional revenue in the ensuing fiscal year sufficient to make up
the difference. No appropriation for a capital improvement project con-
tained in the capital budget shall lapse until the purpose for which the
appropriation was made shall have been accomplished or abandoned, pro-
vided that any project shall be deemed to have been abandoned if three
fiscal years elapse without any expenditure from or encumbrance of the
appropriation therefor. Any such lapsed appropriation shall be applied
to the payment of any indebtedness incurred in financing the project
concerned, and if there be no such indebtedness shall be available for
appropriation in the next capital budget.

§ 17.02. There shall be a city planning commission which shall con-
sist of seven members appointed by the Council. One member shall be a
member of the Council who shall be appointed for a term coincident with
* the term of the mayor as provided in § 4.03 of this charter; one member
shall be a member of the Board of Zoning Appeals appointed for a term
coincident with his term on such board; five citizen members shall be
qualified voters of the city, actually residing within the city limits, who
hold no office of profit under the city government, appointed for terms
of four years; * provided, * that three of the citizen members shall be
appointed to serve from the first of January, 1955, and two of the citizen
members shall be appointed to serve from the first of January, 1957.
Vacancies shall be filled for the unexpired portion of the term. A member
may be removed by the council for neglect of duty or malfeasance in
office, upon written charges and after public hearing. Members of the
City Planning Commission shall serve as such without compensation.

§ 17.06. The commission may adopt the plan as a whole by a single
resolution, or may, by successive resolutions, adopt successive parts of the
plan, said parts corresponding to major geographical sections or geo-
graphical or topographical divisions of the area to be covered by the master
plan or with functional subdivisions of the subject matter of the plan, and
may adopt any amendment or extension thereof or addition thereto.
Before the adoption of the plan or any such part, amendment, extension or
addition, the commission shall hold at least one public hearing thereon,
at least fifteen days’ notice of the time and place of which shall be given by
one publication in a newspaper of general circulation in the city. The
adoption of the plan or of any such part, amendment, extension or addition
shall be by resolution of the commission carried by the affirmative vote of
not less than four members of the commission. The resolution shall refer
expressly to the maps and descriptive matter and other matter intended
by the commission to form the whole or part of the plan adopted, which
resolution shall be signed by the chairman of the commission and attested
by its secretary. An attested copy of the resolution, accompanied by a
copy of so much of the plan in whole or in part as was adopted thereby, and
each amendment, alteration, extension or addition thereto adopted thereby,
shall be certified to the council and upon approval by it to the clerk of the
circuit court of the county who shall file the same. Approval by the
council shall be by resolution.

Amendment of the master plan may be initiated by a majority vote of
the city council to submit a proposed amendment to the planning commis-
sion. If the planning commission disapproves the proposed amendment,
the council shall have power to overrule such action by the affirmative vote
of not less than five members. Failure of the planning commission to act
within sixty days from the date of the official submission to it shall be
deemed approval; provided, however, that the sixty days limitation may
be extended by resolution of the City Council for a period not to exceed a
total of one hundred twenty days.

§ 17.07. Whenever a master plan for the city or one or more parts
thereof, geographical, topographical or functional, shall have been adopted
and filed, as provided in the preceding section, then and thereafter no
street, square, park or other public way, ground, open space, school, public
building or structure, shall be constructed or authorized in the city or in the
planned section or division thereof * until and unless the general location,
character and extent thereof has been submitted to * the planning com-
mission * and until the commission determines that the general location,
character and extent are included in the master plan.

Except for local distribution or service operations, no public utility,
whether publicly or privately owned, shall be constructed or authorized in
the city or in the planned section or division thereof unless and until * its
general location, * character and extent, * have been submitted to * the
commission, and until the commission determines that the master plan
includes the general location, character and extent of the proposed utility.
* However, such submission and * determination shall not be necessary in
the case of pipes or conduits in any existing street or proposed street,
square, park or other public way, ground or open space, the location of
which has been approved by the commission. *

The failure of the commission to act within sixty days from the date
of the official submission to it shall be deemed approval. The widening,
extension, narrowing, enlargement, vacation or change in the use of
streets and other public ways, grounds and places within the city, as well
as the acquisition by the city of any land within or without the city for
public purposes, or the sale of any land then held by the city, shall be *
submitted to the planning commission for its approval. If the commission
disapproves of any such proposal, it shall communicate its reasons to the
city council which shall have the power to overrule such action by a re-
corded affirmative vote of not less than five members. The failure of the
commission to act within sixty days from the date of the official submission
to it shall be deemed approval.
The * provisions of this section shall not be deemed to apply to the
pavement, repavement, reconstruction, improvement, drainage or other
work in or upon any existing street or other existing public way.

§ 17.08. It shall be the duty of the commission to prepare and revise
annually a program of capital improvement projects for the ensuing five
years, and it shall submit the same annually to the city manager, at such
time as he shall direct, together with its recommendations, and estimates
of cost of such projects and the means of financing them, to be under-
taken in the ensuing fiscal year and in the next four years, as the basis of
the capital budget to be submitted to the council by the city manager.
At a day to be fixed by resolution of the city council each department,
commission and board, including the school board, shall submit through
the city manager to the planning commission a detailed listing 0 f all
immediate and long range capital improvement needs falling within the
jurisdiction of the submitting department, commission or board, together
with its estimates of cost of each of the various projects, and its recom-
mendations as to priority and timing of the projects listed. The city
manager, shall, on the same day, submit to the commission a report on
the financial condition of the city, together with a general summary of his
forthcoming general fund budget, insofar as it may relate to any con-
templated capital fund projects. In the preparation of its capital budget
recommendations, the commission shall consult with the city manager, the
school board, the heads of departments and interested citizens and
organizations, and shall hold such public hearings as it shall deem neces-
sary. In transmitting its recommendations, the commission shall also
transmit any capital budget of all boards and commissions including the
school board as originally submitted.

§ 17.13. 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 districts 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 at least the costs
involved in the consideration of any request for amendment, supplement
or repeal of any such regulation, restriction or boundaries, to be paid to
the city clerk by the applicant upon filing such request. No ordinance
adopting, amending, supplementing or repealing, any such regulation,
restriction or boundaries shall be adopted until: (a) the ordinance adopting,
amending, supplementing or repealing, any such regulation, restriction or
boundaries has been referred to the city planning commission and ap-
proved by it, and in case of disapproval by the commission subject to over-
rule by the council by the affirmative vote of not less than five members of
the council; and (b) * after a public hearing in relation thereto shall be
held by the council at which the parties in interest and other persons shall
have an opportunity to be heard. At least fifteen days’ notice of the time
and place of such hearing shall be given by publication thereof in a news-
paper of general circulation in the city. * Whenever such ordinance in-
volves the amendment, supplement, or repeal of any district boundaries,
fifteen days notice of such public hearing shall also be given by con-
spicuous notices posted along the boundary lines of any land involved.

§ 19.01. There shall be a municipal court for the city of Falls Church.
The council shall elect at the first regular meeting of the council in Septem-
ber * 1960 and every four years thereafter, a * municipal judge who shall
be judge of the Municipal Court, and who shall be an attorney at law
licensed to practice under the laws of the Commonwealth but not neces-
sarily a resident of the city.

§ 19.02. * The judge of the Municipal Court and every associate
judge, substitute judge, clerk, deputy clerk, referee, bailiff and juventle
probation officer thereof, before entering upon the performance of his
duties, shall take the oath prescribed by law. The oath of the judge, asso-
ciate judge and substitute judge shall be taken before the judge or clerk
of a court of record to which appeals from the municipal court lie, and
the oath of the clerk and other officers of the municipal court shall be taken
before the judge of the municipal court. Before entering upon the perform-
ance of his duties the judge, associate judge, and substitute judge of the
municipal court shall enter into bond in the penalty of two thousand dollars
payable to the city of Falls Church, Virginia, and conditioned as the law
directs, with corporate surety deemed sufficient by the council of said city,
which bond shall be filed with the clerk of the * court, to which appeals lhe
from the municipal court and preserved in his office.

§ 19.03. Such * municipal judge shall receive such monthly salary as
the council may determine, which salary is to be paid in the same manner
as the salaries of other officials are paid, and he shall receive no other com-
pensation for his services as * municipal judge.

§ 19.04. The said * municipal judge shall cause to be collected such
costs and fees required by law to be paid to him in civil matters; the amount
of such costs and fees shall be the same as allowed to justices of the peace
and * county and municipal judges by general law, except that said * judge
shall receive for issuing a warrant of arrest in a misdemeanor case the
sum of one dollar; for issuing a warrant of arrest in a felony case the sum
of two dollars; for issuing a search warrant in any case the sum of two
dollars; for admitting any person to bail charged with a misdemeanor, the
sum of one dollar, for admitting any person to bail charged with a felony,
the sum of two dollars, provided that none of said fees shall be taxed
against or paid by the said city; for issuing a warrant or other process of
similar kind in a civil case, the sum of one dollar, for trying any civil case
when the amount or thing in controversy does not exceed one hundred
dollars in value, the sum of one dollar; for each one hundred dollars addi-
tional or fractional part thereof in value, the sum of fifty cents, which said
fee shall be taxed as a part of the costs; providing that in all criminal
cases tried before such justice, and in which there is a conviction, the said
justice shall, if authorized by the council, tax as a part of the costs the sum
of one dollar as trial fee, and not more than two dollars as arrest and
attendance fees of officers, which criminal trial fees and arrest and attend-
ance fees shall be collected and paid into the city treasury and all fines
collected shall be accounted for according to general law and city ordi-
nances and paid into the treasury of the said city or to the State, which-
ever may be entitled thereto. In civil cases, the * municipal judge shall
charge and cause to be collected for every second or subsequent continuance
of the case, a fee of fifty cents, to be paid at the time such continuance is
granted, by the party on whose motion or at whose request such continu-
ance is granted, but such continuance fee shall not be taxed as a part of
the costs of such case.

§ 19.05. The jurisdiction of the * municipal court shall be as follows: *

(a) * Exclusive original jurisdiction of any claim to specific personal
property or to any debt, fine or other money, or to damages for breach of
contract or for injury done to property, real or personal, or for any injury
to the person, which would be recoverable by action at law or suit in equity,
when the amount of such claim does not exceed three hundred dollars ezx-
clusive of interest and any attorney’s fees contracted for in the instru-
ment, and concurrent jurisdiction with the courts of record having juris-
diction in such territory of any such claim when the amount thereof exceeds
three hundred dollars but does not exceed two thousand dollars, exclusive
oj interest and any attorney’s fees contracted for in the instrument.
(b) Jurisdiction to try and decide attachment cases when the amount
of the plaintiff’s claim does not exceed two thousand dollars exclusive of
interest and any attorney’s fees contracted for in the instrument.

(c) Jurisdiction of actions of unlawful entry or detainer as provided
in Article 1 of Chapter 36 of Title 8 and in Chapter 18 of Title 55 of the
Code of Virginia.

(d) Except where otherwise specifically provided, all jurisdiction,
power and authority over any civil action or proceeding conferred upon
any municipal judge, county judge, trial justice, civil justice, civil and
police justice, or police justice under or by virtue of any provisions of the
Code of Virginia.

(e) Exclusive original jurisdiction in criminal matters within the
city, and except as otherwise provided by general law, within the area
extending for one mile beyond the corporate limits thereof, for the trial of
at offenses against the ordinances and laws of the city committed within
the city.

(f) Concurrent jurisdiction with the court of record to which appeals
from the municipal court lie, in all cases of violation of the revenue and
election laws of the Commonwealth, and of all offenses arising under the
provisions of Chapter 9 of Title 18 of the Code of Virginia.

(9g) Except when it is otherwise specifically provided, exclusive
original jurisdiction within the corporate limits for the trial of all other
misdemeanors arising therein.

(h) Such other jurisdiction, exclusive or concurrent, as may be con-
ferred upon it by general law, or by the provisions of this charter.

(1) Nothing contained herein shall be considered to limit the juris-
diction of the municipal court otherwise granted by this charter or the laws
of the Commonwealth of Virginia.

§ 19.06. The said * municipal judge shall keep a civil docket book and
a criminal docket book, in which shall be entered all cases tried and prose-
cuted before him and all civil processes issued by him, except summonses
for witnesses, the proceedings had therein and the disposition of same,
which docket books shall be furnished by the council. All papers connected
with any proceedings before such justice, except such as may be removed
on appeal, distress warrants, and such as in criminal matters may be re-
quired by law to be returned or lodged in the office of the Clerk of the
Circuit Court of Fairfax County, shall be properly indexed, filed and pre-
served. The council shall provide, for such * municipal judge the neces-
sary and proper books, forms, files and office equipment, which shall be
and remain the property of the city, and shall be turned over by such *
municipal judge to his successor in office. The books and papers in such
office shall be examined and audited at any time the council may see fit
by such person or persons as the council may designate.

§ 19.07. He shall keep a regular account of all fees, fines, forfeitures
and costs imposed or arising in the administration of his office in both
civil and criminal matters, which he shall report to the auditor, at such
intervals and in such form as the council may require. The said * munic-
ipal judge or the clerk of the municipal court, if such office is appointed,
or such other person as the council may designate for that purpose, shall
collect all fines, forfeitures and costs imposed in said court and report
to the auditor monthly such as have accrued to the city, and pay the same
to the city treasurer not later than the fifth day of the next succeeding
month in which collected, and shall segregate and transmit to the State
Treasurer all fines and forfeitures accruing to the Commonwealth.

_ § 19.08. The * municipal judge shall hold his court at such place and
time as may be prescribed by the council, and if from any cause he is un-
able to act, the substitute * municipal judge shall discharge the duties of
the * municipal judge prescribed herein during such inability.

§ 19.09. Any vacancy occurring in the office of the * municipal judge

or substitute * municipal judge from any cause, shall be filled by the council
by the election of a person with like qualifications, prescribed by this charter.

§ 19.10. The council shall elect a substitute * municipal judge for such
term as the council may designate. He shall possess the qualifications for
the * municipal judge, and shall act for said * municipal judge, when, from
any cause, said * municipal judge is unable to perform the duties of his
office. When acting for said * municipal judge, he shall be subject to all
the provisions of law regarding the * municipal judge and shall possess
all the jurisdiction and exercise all the power and authority and receive *
such salary as is prescribed by the * council; and either of said * judges
while serving as * municipal judge may perform acts, with reference to
the proceedings of the other in any matter, in the same manner and with
the same force and effect as if they were his own. *

§ 19.12. The council may in its discretion, elect * one or more bailing
justices for said city. If and when elected, he shall take the oath prescribed
by law and give bond in the penalty of one thousand dollars, conditioned
according to law to be approved by the council with corporate surety. He
shall be a resident of the city during his term of office.

He shall have authority to issue summonses in criminal cases and
criminal warrants, returnable before, and to be heard and determined by
the * municipal judge or the substitute * municipal judge and to bail per-
sons charged with misdemeanors or violations of the city ordinances. His
term of office shall be concurrent with that of the * municipal judge, and
his compensation shall be determined by the council, and the same fees
shall be collected by the said bailing justice as are allowed by this charter
to the * municipal judge for issuing summonses in criminal cases, criminal
warrants, search warrants, and admitting persons to bail in misdemeanor
cases and for violations of the city ordinances, but in no case shall any of
such fees be taxed against, chargeable to or paid for by the said city, nor
shall the bailing justice’s salary be determined by the amount of fees ac-
cruing from his service, nor shall he receive any part of such fees for his
services. The said bailing justice shall be a conservator of the peace withi
the corporate limits of the city of Falls Church, but shall have no other
authority, powers or jurisdiction except those provided for in this charter.

§ 19.13. The council may elect a special justice of the peace, who shall
at time of election possess the same qualifications of the * municipal judge,
to be known as the judge of the juvenile and domestic relations branch of
the Municipal Court of the city of Falls Church, who shall hold office for
a term * coincident to the term of the municipal judge and until his suc-
cessor has been elected and has qualified, unless sooner removed as pro-
vided by general law. He shall have and possess all the authority and juris-
diction given judges of juvenile and domestic relations courts by general
law, provided, that the council may designate the * municipal judge or the
substitute * municipal judge to act as the judge of the juvenile and domestic
relations court. The judge of the juvenile and domestic relations court
shall receive such compensation as the council may by ordinance or resolu-
tion prescribe. He shall take the oath prescribed by law and give such
bond as the council may require. In the event of the election of the juve-
nile and domestic relations judge who shall not be the * municipal judge,
the * muncipal judge shall be senior judge of the municipal court of the city
of Falls Church.

§ 20.02. (a) The school board shall consist of seven trustees who
shall be qualified voters of the city actually residing within the city limits.
The trustees in office at the effective date of this charter are hereby con-
tinued in office for the term for which they were elected.

(b) At its first regular meeting in * September, 1960, and every three
years thereafter, the council shall elect two trustees for a term of three
years from the first day of * October following their election; and at its
first regular meeting in * September, 1961, and every three years thereafter,
the council shall elect * three trustees for a term of three years from the
first day of * October following their election. At its first regular meeting
in * September, 1962, and every three years thereafter, the council shall
elect * two trustees for a term of three years from the first day of * October
following their election. Except as provided in this charter the school board
shall have all the powers and duties relating to the management and control
of the public schools of the city provided by the general laws of the Common-
wealth, including right of eminent domain within and without the city.
None of the provisions of this charter shall be interpreted to refer to or
include the school board unless the intention so to do is expressly stated
or is clearly apparent from the context.

c) The power conferred on the city by §§ 2.03 (f) and 2.03 (h)
shall be exercised by the school board with respect to property and build-
ings devoted to public school purposes. The title to property and buildings
devoted to public school purposes shall be in the school board.

In addition to the authority conferred upon the city by Chapter 7,
the school board may borrow from the Literary Fund of Virginia or from
such other sources as may be available to it by general law.

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