Chap. 464.—An ACT to incorporate the City of Arlington, the corporate limits 0!
which shall include the entire area of the County of Arlington, subject to <
referendum. . [H B 536]

Approved April 6, 1942 : |

1. Be it enacted by the General Assembly of Virginia, as follows
Section 1. From and after the date, and in the manner, hereinafter
provided, the territory now composing Arlington County shall constitute
728 ACTS OF ASSEMBLY [va., 194;

and be a body politic and corporate to be known and designated as the
City of Arlington.

Section 2. The boundaries of the City of Arlington as herein pro:
vided shall coincide with the boundaries of Arlington County as now o1
hereafter established.

Section 3. The inhabitants of the City of Arlington, within the
boundaries set forth in section two of this act or as hereafter establishec
in the manner provided by law, shall be a body politic and corporate for al.
purposes for which cities of the first class are incorporated in this Com-
monwealth, and as such shall have, exercise and enjoy all the rights,
immunities, powers, and privileges, and be subject to all the duties anc
obligations incumbent upon and pertaining to the said city as a city of the
first class. The City of Arlington shall become and be liable for the bonded
indebtedness and current debts and obligations of said county, and shall
become liable for the obligations and other liabilities of said county, both
in law and in equity, arising out of any acts of said county for which such
county would have been liable, and said city shall faithfully observe, keep
and perform every such liability, and the said City of Arlington may sue
in its corporate name on all bonds, notes, accounts or contracts payable to
the said city or to the County of Arlington. Under the name of the City
of Arlington it 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 or condemnation, and may sell, lease, hold,
manage and control such property as its interest may require; 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 name or nature whatsoever to
which cities of the first class are now or may hereafter be entitled by
general law, it now appearing that the City of Arlington has a population
in excess of fifty-seven thousand (57,000) according to the United States
census of nineteen hundred and forty (1940) and accordingly is under
the laws now existing in the State of Virginia entitled to be a city of the
first class. |

Section 4. Upon the incorporation of said county as the City of
Arlington, the ordinances of said former county shall remain in full force
and effect insofar as their provisions as ordinances of such city are not in
conflict with the Constitution and laws of this State, and they shall be the
ordinances of said city insofar as they are applicable, until they are re-
pealed by the authority of the city or the Constitution and laws of the
State; and the title to all the property of said county, and its rights and
privileges under any contract, including any and all money belonging to
said county, and its books, records, papers, and other things of value, shall
vest in and become the property of the City of Arlington.

Section 5. The City of Arlington shall succeed to all the rights and
privileges 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 the rights and privileges granted
by the Congress of the United States to the former county of Arlington
cH. 464] ACTS OF ASSEMBLY 2g

or the sanitary district of Arlington for any purpose. All 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 and the tax levy and assessments made for
the succeeding year shall stand as the levy and assessment for the City of
Arlington. All contracts entered into by the County of Arlington for
materials or supplies or construction work in force on the date of incor-
poration shall thereby become the contracts of the City of Arlington.

Section 6. All the legislative powers of the city, however conferred
or possessed by it, are hereby vested in a council of five members. Said
council shall be elected at large, and in the manner hereinafter provided.
‘The council shall annually elect one of its members to preside over its
meetings, who shall be ex officio mayor, and any vacancy in the office of
mayor shall be filled by election by the council for the unexpired term ;
the mayor shall have the same powers and duties as other members of
the council, with a vote, but no veto, and shall be the official head of the
city. The persons holding office as members of the county board of Arling-
ton County at the time of its incorporation shall by virtue of such incor-
poration become members of and shall constitute the council of the City
of Arlington ; the chairman of the said county board shall upon incorpora-
tion become the mayor ex officio of said city and shall continue as such
until the expiration of the term for which he was elected as chairman of
the county board. Said persons shall hold office as members of the city
council until the expiration of the terms for which they were elected as
members of the County Board of Arlington County and until their suc-
cessors are duly elected and qualified, as hereinafter provided, and shall
have and exercise all the rights, powers and privileges conferred, and
shall be subject to all the duties, liabilities and restrictions now imposed
by law for the government of cities of the first class of this Common-
wealth.

At the general election in November, next succeeding incorporation,
and annually thereafter, there shall be elected one or more members of
the city council to succeed the member or members of the council whose
terms expire on or before the first day of January next succeeding such
November election; each member so elected shall be elected for a term
of four years and shall take office on the first day of January next succeed-
ing said election.

When any vacancy shall occur in the membership of the city council,
the judge of the circuit court of the city shall, if the term of office wherein
the vacancy exists shall continue for one year or more after the next
succeeding regular November election, issue a writ of election to fill such
vacancy, the said election to be held at the next regular November elec-
tion; the members so elected shall hold office for the unexpired term.
Said judge may, in his discretion, make a temporary appointment to fill
such vacancy until the same is filled by election as herein provided, or in
the event no election be required to fill such vacancy, then until the ex-
piration of the term of such office. The salary of each member of the
council including the mayor shall be twelve hundred dollars ($1,200.00)
per annum.
Section 7. Powers of Council.—

The council shall have, possess and exercise, all powers conferred
on the County Board of Arlington County by law immediately preceding
incorporation and all the powers and duties now authorized or imposed by
general law inuring to the benefit of a city of the first class, insofar as they
are not inconsistent with this charter. This shall include, ‘specifically, the
power to regulate the speed of vehicles upon the public highways of said
city.

Section 8. City Manager, Selection, Powers and Duties.—

The city council shall appoint a city manager and fix his compensa-
tion. He shall be the administrative and executive head of the city govern-
ment, and shall devote his full time to the work of the city. He shall be
appointed with regard to merit only, and need not be a resident of the
city or State at the time of his appointment. No member of the city council
or other city elective officer shall, during the term for which he was
elected, be chosen city manager. .

| The city manager shall have general supervision and charge of all
construction and maintenance of the streets, bridges, and all public works.
and business of the city, except public schools, and the purchase of all
necessary supplies therefor. He is hereby given the power of appointment
of all city officers and employees whose appointment or election is not
otherwise provided by law, or by this charter.

The city manager is hereby empowered to draw warrants on the
city treasurer in payment for materials purchased, work performed,
salaries and wages of city officers and employees and other normal obli-
gations for which provision has theretofore been made in the annual
budget. He shall keep the council advised as to the financial condition of
the city, and at each regular meeting of the council he shall present a
written, itemized report of all expenditures made by him since his last
report. Within fifteen days after the close of each fiscal year, he shall
file with the clerk of the council, who shall be appointed by the council,
an itemized statement of expenditures for such preceding fiscal year.

The term of office of such city manager shall expire on December
thirty-first of each year; but, except as hereinafter provided, he shall be
notified at least sixty days before the expiration of the year if his services
are not desired for the ensuing year. He shall receive such annual salary,
payable in such installments, as the council may prescribe. He shall de-
vote his full time to the duties of his office and may be removed by the
council, at any time for neglect of duty, malfeasance or misfeasance in
office or incompetency.

Section9. City Budget.—

The city manager shall, on or before February fifteenth of each year,
prepare and submit to the council a tentative budget containing a com-
plete itemized and classified plan of all proposed expenditures and all
estimated revenues and borrowings for the city for the ensuing appropria-
tion year which shall begin on the first day of July. 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 en-
suing year as compared 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 final balance sheet for the city at
the close of the last preceding appropriation year.

A brief synopsis of the budget shall be published in a newspaper
having general circulation in the city 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.

Following such public hearing, and before the annual tax levy is
made, the board 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 changes 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 per centum be made in the total
allocation of funds to any major department of the city government.

Section 10. The Levy.—

The city council is hereby invested with all of the powers and author-
ity, with respect to local levy and taxation which are given to the councils
of cities of the first class, by the general law of this State. In addition to
the powers conferred on cities by general law to impose a tax for any
privilege or to require a license to be obtained therefor, the city council
shall have power to provide by ordinance for license taxes on any other
business, employment or profession for which a State license is not
required ; and in such case it shall be unlawful to engage in such business,
employment or profession without a license.

Following the adoption of its budget for the next ensuing fiscal year,
and not later than the thirtieth day of April, the council shall order a city
levy of so much as in its opinion is necessary to be raised in that way in
addition to what may be received for licenses and from other sources. The
levy so ordered may be upon all persons and property within the city and
subject to local taxation under the general laws of Virginia applicable to
cities of the first class.

_ Before any local tax levy may be increased, the amount and purpose
of such contemplated increase shall be published in a newspaper having a
general circulation in the City of Arlington, at least thirty days before
the increased levy is made, and the citizens of the city shall be given an
opportunity to appear before, and be heard by, the council on the subject
of such increase.
732 ACTS OF ASSEMBLY [va., 1942

Section 11. Continuation and Election of Constitutional Officers.—

The offices of Commonwealth’s attorney, clerk of the court, city
sergeant, city treasurer, and commissioner of the revenue are hereby
created for the City of Arlington and persons holding the offices of Com-
monwealth’s attorney, county clerk, county sheriff, county treasurer,
and commissioner of the revenue, respectively, in the County of Arlington
at the time of its incorporation shall by virtue of such incorporation
become, respectively, the Commonwealth’s attorney, clerk of the courts,
as hereinafter provided, city sergeant, city treasurer, and commissioner
of the revenue of the City of Arlington, and shall hold office until their
successors are duly elected and qualified, have and exercise all the rights,
powers and privileges conferred, and shall be subject to all the duties,
liabilities and restrictions now imposed by law upon such officers of the
cities of the first class of this Commonwealth.

Their successors shall be elected at the same time and in the same
manner as provided under the law for election of the offices of Com-
monwealth’s attorney for the county, county clerk, county sheriff, county
treasurer, and commissioner of the revenue of the county, respectively,
as if such county had not been incorporated.

Section 12. Courts.—

Upon incorporation, the City of Arlington as herein created shall,
at all times, be, become and continue, in every respect, within the juris-
diction of the circuit court of the judicial circuit wherein it is situated.
The said court shall continue and shall, thereafter, be known as the
Circuit Court of the City of Arlington and shall have the same jurisdiction
in the City of Arlington as is given by general law to the circuit courts of
other cities of the first class in Virginia.

Also, upon incorporation, there shall be, and subject to that event,
there is hereby created a corporation court, which shall have all of the
jurisdictional and other rights and powers conferred by general law upon
the corporation courts of cities of the first class in this State. If incorpora-
tion shall become effective while the General Assembly of Virginia is not
in session, there shall be deemed to be a vacancy in the office of judge of
said court and the same shall be filled in the manner provided by law.

The county clerk shall, upon incorporation, be the clerk of the courts
of the City of Arlington, including the circuit court and the corporation
court and the records thereof shall be kept by him in the clerk’s office,
in compliance with the existing law.

Also upon incorporation there shall be a civil and police justice of
the City of Arlington, who shall succeed, replace and have the same juris-
diction in every respect as possessed by the county court of Arlington
County under the law in force immediately preceding such incorporation,
namely, chapter one hundred and sixty-six, Acts of Assembly, nineteen
hundred and thirty, as amended. In event of incorporation, the office of
justice of the county court shall be abolished upon the effective date of
such incorporation, but the justice of the county court in office on the day
immediately preceding the effective date of such incorporation shall
continue in office as the civil and police justice of the City of Arlington
until the expiration of the term for which he was elected justice of the
county court.

In addition to the foregoing power and jurisdiction vested in the
civil and police justice hereby created, and except as herein modified, the
said justice shall have and possess all power and jurisdiction conferred by
chapter three hundred and eighty-five, of Acts of Assembly, nineteen
hundred and thirty-six, as amended, upon trial justices of the counties of
Virginia. Proceedings before the said justice may be conducted and held
in the manner and form prescribed by either of the said acts, except that
appeals in criminal matters shall be to the Corporation Court of the City
of Arlington and removals and appeals in other matters shall be either
to the corporation court or to the circuit court of the said city.

The said justice is expressly given exclusive original jurisdiction to
hear and determine all charges of violation of ordinances of the City of
Arlington; and the city is hereby given the right of appeal from any
decision of said justice concerning the constitutionality or validity of any
such city ordinances.

The clerk of the courts of the City of Arlington, herein provided for,
shall be clerk of the said civil and police justice court and shall discharge
all duties with respect to said court, as heretofore performed by the county
clerk in relation to the county court of Arlington County.

The said civil and police justice shall have all of the qualifications
and be subject to the restrictions and limitations prescribed by law for
the trial justice of the county court by said chapter one hundred and
sixty-six, of the Acts of nineteen hundred and thirty, as amended. He
shall, except as hereinabove otherwise provided, be appointed by the
judge of the circuit court of the City of Arlington, or elected by the
people, as may be determined by a majority of the qualified electors
voting on the question in an election to be held as hereinafter provided,
for a term of four years and shall receive such annual compensation as
may be fixed by the city council, which shall not be less than four thousand
five hundred ($4,500.00) dollars per annum. Upon the expiration of the
term for which the justice of the county court in office on the day imme-
diately preceding the effective date of the incorporation was elected there
shall also be appointed by the judge of said circuit court, a substitute civil
and police justice who shall possess the same qualifications, who shall be
subject to all of the conditions of tenure of office, and who shall receive
the same compensation prescribed for the substitute trial justices of the
county court by the provisions of said chapter one hundred and sixty-six,
Acts of nineteen hundred and thirty, as amended. In the meantime the
substitute civil and police justice shall hold office under the civil and
police justice on like terms and conditions as provided in the said act of
nineteen hundred and thirty, as amended.

He shall, while acting for and in place of the civil and police justice,
be clothed with the same jurisdiction and authority as the civil and police
justice.

Section 13. Schools.—

The public school system of the City of Arlington shall continue to
function in every respect, as provided by the law applicable immediately
734 ACTS OF ASSEMBLY [va., 1942

prior to the effective date of incorporation, and without regard to the
general law relating to cities of the first class, except that, upon incorpor-
ation, the County School Board of Arlington County shall thereafter be
known and legally entitled as the School Board of the City of Arlington.

Section 14. City Attorney.—

Upon incorporation of Arlington County into a city as herein pro-
vided, there shall be and is hereby created an office which shall be known
as “city attorney”. The said city attorney shall be appointed by the city
council, or elected by the people, as may be determined by a majority of
the qualified electors voting on the question in an election to be held as
hereinafter provided. Said city attorney shall be a duly licensed attorney
at law, shall be a resident of said city, and shall hold office at the pleasure
of the city council. He shall receive an annual salary of not less than three
thousand dollars ($3,000.00), to be fixed by the city council, which shall
be provided by the city council and paid out of the city treasury. He shall
be the legal advisor of, and attorney and counsel for, the said city and the
school board of the city and for all officers and departments thereof, in
matters relating to their official duties. He shall prosecute all suits, actions
and proceedings for and on behalf of the city and the school board of the
city, and defend all suits, actions and proceedings against the same, and
shall prepare all contracts, bonds and other instruments in writing, in
which the city or school board of the city are interested or concerned
and shall endorse on each his approval of the form and correctness
thereof; and shall perform all such other necessary acts on behalf of the
said city government as he may be directed by the city council to perform.
Nothing herein contained shall be construed as prohibiting the said city
attorney from engaging in the private practice of law, except that he
shall not become engaged in any cause or proceeding wherein the said
city might have any interest.

Section 15. Miscellaneous Provisions.— ,

(a) 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.

(b) Nothing in this act nor any action taken hereunder shall repeal
or affect in any way the validity and application of any law or act apply-
ing to any county adjoining the County of Arlington at the time of in-
corporation. |

(c) In event of incorporation of the City of Arlington as herein
provided, the charter hereby established for that city may thereafter be
amended by the Legislature of Virginia, in accordance with the provisions
of law relative to the amendment of city charters.

(d) In the event that any portion, section or provision of the
foregoing charter shall be declared illegal or unconstitutional by final
judgment of any court of competent jurisdiction, such holding shall not
invalidate any other section or provision thereof, but all parts of said
charter not expressly held to be invalid, shall remain in full force and
effect.
cH. 464] ACTS OF ASSEMBLY 735

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 the civil and police justice of the city shall be
appointed by the judge of the circuit court of the city or elected by the
people, and as well also, the question whether the city attorney shall be
appointed by the city council or elected by the people, shall be respectively
determined by a majority of the qualified electors of the city, voting on
the question separately, in the election hereinafter provided for.

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
said 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 nor more than ninety
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 of, (a) whether the County of Arlington shall be incorporated
as a city of the first class, (b) whether the civil and police justice of the
city shall be appointed by the judge of the circuit court of the city or
elected by qualified voters of the city, and (c) whether the city at-
torney shall be appointed by the city council or elected by the qualified
voters of the city. , ,

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 fifteen
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
voting 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 three questions hereinafter mentioned. Such election shall be held
and conducted in the manner prescribed by law for other elections, pro-
vided, 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

[_] Against

Question: Shall the civil and police justice be appointed by the judge
of the circuit court or elected by the people?

[] For appointment

[_] For election
Question: Shall the city attorney be appointed by the city council
or elected by the people?

- [|] For appointment

[.] For election

The squares to be printed on such ballots shall not be less than one-
quarter nor more than one-half inch in size, and the voting shall be by a
positive affirmative method, which shall be by each elector voting
at such election, placing a check (\/) mark, or a cross (X or -+) mark,
or a line (—) in the square immediately before the appropriate word,
indicating how he desires to vote on the question so submitted.

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 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 corporate, the
county clerk shall certify that fact to the circuit court if in session, and if
not in session then to the judge thereof in vacation, whereupon the circuit
court, or the judge thereof in vacation, shall enter of record an order
directing that the government of said county as a county shall cease to
exist thirty days thereafter, when the new city government shall immedi-
ately become effective.
In the event of the city government so becoming effective, and if
the report of the commissioners of election shows that a majority of the
qualified electors voting on the question, voted in favor of the appointment
of the civil and police justice, the judge of the circuit court of the city
shall, within sixty days prior to the first day of January, nineteen hundred
and forty-four, and every four years thereafter, appoint a civil and police
justice for the city, for a term of four years beginning the first day of
January next succeeding his appointment. On the other hand, if such
report shows that the majority vote was in favor of the election of the
civil and police justice, the qualified voters of the city shall, at the regular
election on the Tuesday after the first Monday in November, nineteen
hundred and forty-three, and every four years thereafter, elect a civil
and police justice for a term of four years beginning the first day of
January next succeeding his election ; and in either such event, the present
trial justice of the County of Arlington shall continue to function in the
capacity of civil and police justice of the City of Arlington until the ex-
piration of the term for which he was elected as such trial justice.

And in the event of the city government so becoming effective, and
if the report of the commissioners of election show that a majority of the
qualified electors voting on the question, voted in favor of the appointment
of the city attorney, the city council shall appoint the city attorney, to
hold office at the pleasure of the council. On the other hand, if said report
shows that the majority vote was in favor of the election of the city
attorney, the qualified voters of the city shall, at the next following regular
election in the city, and every four years thereafter, elect a city attorney
for a term of four years, beginning the first day of January next succeed-
ing his election, in which event, the city council may appoint a city at-
cus. 464, 465] ACTS OF ASSEMBLY 737

torney to serve until the beginning of the term of the city attorney first
elected as above provided for.

3. Be it further enacted, That notwithstanding the foregoing pro-
visions of this act, and whether a referendum be held as hereinafter pro-
vided or not, the judge of the circuit court of Arlington county shall,
upon the adoption of a resolution by the county board or upon a petition
signed by at least two hundred qualified voters of the county, requesting
such action, appoint a commission, to consist of not less than five qualified
voters of the county, whose duty it shall be, after the holding of public
hearings, to prepare a tentative charter for the incorporation of Arlington
county as the City of Arlington, for presentation to the General Assembly
of Virginia, as to a proposed enactment, at its next session.

4. Anemergency existing, this act shall be in force from its passage.