CHAPTER 536

AN ACT to provide a new charter for the city of Alexandru,
Virginia, and to repeal Chapter 280 of the Acts of Assembly
of 1982, entitled “An Act to provide a new charter for the
city of Alexandria, Virginia”, approved March 24, 1982, and
acts amendatory thereto.

[ H 696 ]

Approved April 7, 1950
Be it enacted by the General Assembly of Virginia:

CHAP 1
INCORPORATION

§ 1.01. Corporate Limits.—The territory contained within
‘tthe following limits shall be deemed and taken as the City of
Alexandria:

Beginning at a set stone on the East side of Roberts Lane
‘and the South side of Little River Turnpike and running thence
north six degrees fifty-five and one-half minutes west sixty-two
‘and seventy-five hundredths feet to a point in the north line of
said Little River Turnpike; thence following along the north side
of said Little River Pike, north eighty-one degrees ten minutes
‘west four hundred eighteen and forty hundredths feet to a
point, north seventy-four degrees twenty-eight minutes west
two hundred eighty and no hundredths feet to a point and north
‘seventy-nine degrees twenty-three minutes west four thousand
seven hundred twenty-nine and sixty hundreds feet to the west
‘side of Quaker Lane; thence departing from said Little River
Pike and following along the west side of said Quaker Lane,
north five degrees fifty-two minutes west two thousand nine hun-
‘dred twenty-five and no hundredths feet to a point and north
five degrees twelve minutes east three thousand eight hundred
eighty and sixty hundredths feet to a point in the center line
of the Braddock Road; thence following along said Braddock
Road and within the lines thereof, south eighty-four degrees
twenty-three minutes east three hundred fifty-eight and three-
tenths feet to an intersection with the line formerly separating
Fairfax County from Arlington County, Virginia, at that point;
thence continuing along said Braddock Road and within the
lines thereof south eighty-four degrees twenty-two minutes
thirty seconds east two hundred sixty-four and twenty hun-
dredths feet to a point where said Braddock Road is intersected
by the southwardly projection of the Seminary Road; thence
departing from said Braddock Road and following along the
center line of said Seminary Road the following courses, north
five degrees two minutes thirty seconds east eight hundred eleven
and fifty hundredths feet, north twenty-two degrees forty-six
minutes thirty seconds east six hundred eleven and five hun-
dredths feet, north one degree twenty-three minutes west one
thousand five hundred fifty one and forty hundredths feet, north
twenty degrees three minutes east three hundred nineteen and
thirteen hundredths feet, north nineteen degrees forty-eight
minutes east three hundred eighty-five and forty-nine hun-
dredths feet north thirty-seven degrees forty-five minutes west
one hundred eighty-three and thirty-two hundredths feet, north
two degrees fifty-seven minutes east one hundred forty and
eighty-nine hundredths feet, north twenty-eight degrees no min-
utes east one hundred sixty-five and forty-one hundredths feet,
north five degrees fifty-nine minutes east one hundred forty-five.
and eighty-three hundredths feet, north thirteen degrees forty-
seven minutes no seconds west four hundred thirty-six and’
thirty-seven hundredths feet, north nine degrees two minutes,
west one thousand four hundred forty-seven and eight hun-
dredths feet and north two degrees ten minutes thirty seconds.
east two hundred seventy-four and ninety hundredths feet to
the point where said center line of said Seminary Road inter-
sects the south right of way line of the Washington and Old
Dominion Railway; thence with said south right of way line,.
south seventy-seven degrees thirty-nine minutes thirty seconds.
east one thousand eight hundred eighty-five and eighty hun-
dredths feet, more or less, to the center line of the channel of
Four Mile Run; thence down the midchannel line of said Four.
Mile Run following the meanderings thereof as the same passes.
under the Washington-Virginia Railway (now the Mount Ver-.
non, Alexandria and Washington Railway), the Washington and
Alexandria Road and extending to the intersection of said Run
with the Potomac River; thence following along the meanderings.
of the west shore line of said Potomac River southwardly to a
point in the midchannel of Hunting Creek where the same flows
into the Potomac River; thence upstream and westwardly with
the meanderings of said Hunting Creek and Cameron Run to
@ point in line with the east side of Roberts Lane and one thou-
sand nine hundred eighty-eight feet southward from a set stone
on the south side of the Little River Turnpike and east side
of Roberts Lane; thence north six degrees fifty-five and one-
half minutes west one thousand nine hundred eighty-eight feet
along the east side of Roberts Lane to the point of beginning.

§ 1.02. Incorporation as Body Politic.—The inhabitants
of the territory comprised within the present limits of the City
of Alexandria as hereinbefore described or as the same may be
hereafter altered and established by law, shall continue to be one
body politic in fact and in name under the style and denomina-
tion of the City of Alexandria, and as such shall have, exercise
and enjoy all the rights, immunities, powers and privileges and
‘be subject to all the duties and obligations now appertaining to
and incumbent on said city as a municipal corporation, and the
‘said City of Alexandria, as such, shall have perpetual succession,
‘may sue and be sued, contract and be contracted with and may
have a corporate seal which it may alter, renew or amend at
its pleasure.

§ 1.03. Jurisdiction over Harbor and Vessels therein.—
The jurisdiction of said City Council of Alexandria shall extend
‘over the harbor of Alexandria, and over vessels of every descrip-
tion which may arrive and be in the harbor.

CHAP 2
POWERS

§ 2.01. General Grant of Powers.—The city shall have
and may exercise all powers which are now or may hereafter
be conferred upon or delegated to cities under the constitution
and laws of the Commonwealth and all other powers pertinent
to the conduct of a city government the exercise of which is
not expressly prohibited by the said constitution and laws and
which in the opinion of the council are necessary or desirable
to promote the general welfare of the city and the safety,
health, peace, good order, comfort, convenience and morals of
its inhabitants, as fully and completely as though such powers
were specifically enumerated in this charter, and no enumer-
-ation of particular powers in this charter shall be held to be
‘exclusive but shall be held to be in addition to this general
‘grant of powers.

§ 2.02. Financial Powers.—In addition to the powers
granted by other sections of this charter the city shall have
power :
(a) To raise annually by taxes and assessments in the
ity such sums of money as the council shall deem necessary
o pay the debts and defray the expenses of the city, in such
nanner as the council shall deem expedient, provided that such
axes and assessments are not prohibited by the laws of the
Sommonwealth. In addition to, but not as a limitation upon,
his general grant of power the city shall have power:

(1) To levy and collect ad valorem taxes on real estate
and personal property and machinery and tools not exempt by
law from taxation, or segregated to the State for exclusive
taxation, all corporations located in the city or having their
principal office therein and not exempt by law from taxation,
all money owned by or credits due to any person living in the
city and doing business therein and employed in said business
though the said business may extend beyond the city; provid-
ed, that so much of said capital as is invested in real estate, or
employed in the manufacture of articles outside of the city
limits, shall not be taxed as capital; all stocks in incorporated
joint stock companies doing business in the city and by whom-
soever owned and not exempt by law from taxation; income,
interest or money, dividends of banks or other corporations,
provided that no capital, interest or dividend shall be taxed,
when a license or other tax is imposed upon the business in
which said capital is employed, or upon the principal, money,
credits or stocks from which the interest, income or dividend
is derived; nor shall a tax be imposed upon stocks of a cor-
poration and upon the dividends thereon; and provided, further
that such property has not been segregated to the State fo1
exclusive taxation. Assessments upon stocks and bonds shal.
be according to the market value thereof. The council may by
curative ordinances, ratify and confirm assessments and levies
of taxes heretofore or hereafter made, and the acts of all minis.
terial officers in connection therewith, and any such ordinances
heretofore passed is hereby ratified and confirmed.

(2) To levy and collect a capitation tax not exceeding on
dollar per annum on each resident of the Commonwealth with
in the limits of the city.

(3) To levy and collect taxes for admission to or othe
charge for any public amusement, entertainment, performance
exhibition, sport or athletic event in the city, which taxes may
be added to and collected with the price of such admission o
other charge.

(4) To levy on and collect taxes from purchasers of an
public utility service, which taxes may be added to and col
lected with the bills rendered purchasers of such service.

(5) Unless prohibited by general law to require license
for the privilege of engaging in any business, profession, occup
tion, or trade, prohibit the conduct of any business, profession,
occupation, or trade without such a license, require taxes to be
paid on such licenses in respect of all businesses, professions,
occupations, and trades, and to refuse such license to any person
not entitled by law thereto.

(6) To require licenses of owners of vehicles of all kinds
for the privilege of using the streets, alleys and other public
places in the city, require taxes to be paid on such licenses and
prohibit the use of streets, alleys and other public places in the
city without such licenses.

(7) To impose penalties on persons following any busi-
ness, profession, or trade in the city without the license pre-
scribed therefor.

(b) To borrow money for the purposes and in the manner
provided by Chapter 7 of this charter.

(c) To make appropriations, subject to the limitations im-
posed in Chapters 5 and 6 of this charter, for the support of
the city government and any other purposes authorized by this
charter and not prohibited by the laws of the Commonwealth.

(d) To appropriate, without being bound by other pro-
visions of this charter, such sums as the council may deem
necessary in any one fiscal year for the purpose of meeting a
public emergency threatening the lives, health or property of
the inhabitants of the city, provided that any such appropria-
tion shall require at least a two-thirds affirmative vote of coun-
cil members present and that the ordinance making such ap-
propriation shall contain a clear statement of the nature and
extent of the emergency.

(e) To accept or refuse gifts, donations, bequests or
grants from any source for any purpose related to the powers
and duties of the city government.

({) To provide, or aid in the support of, public libraries
and public schools.

(g) To establish a system of pensions for injured, re-
tired or superannuated city officers and employees, subject to
the limitations imposed by chapter 8 of this charter.

(h) To provide for the control and management of the
fiscal affairs of the city, and prescribe and require the adoption
and keeping of such books, records, accounts and systems of
accounting by the departments, boards, commissions, courts or
other agencies of the city government provided for by this
charter or otherwise by law as may be necessary to give full
and true accounts of the affairs, resources and revenues of the
city and the handling, use and disposal thereof.

§ 2.038. Powers Relating to Public Works, Utilities and
Properties.—In addition to the powers granted by other sections
of this charter the city shall have power:
(a) To lay out, open, extend, widen, narrow, establish or
change the grade, or close, vacate, abandon, construct, pave,
curb, gutter, grade, regrade, adorn with shade trees, otherwise
improve, maintain, repair, clean and light, streets, including
limited access or express highways, alleys, bridges, viaducts,
subways and underpasses, and make and improve walkways
upon streets and improve and pave alleys within the city; and
the city shall have the same power and authority over any
street, alley or other public place ceded or conveyed to the city
or dedicated or devoted to public use as over other streets, alleys
and other public places; provided further that whenever any
ground shall have been opened to and used by the public as a
street or alley for ten years it shall be considered as dedicated
to the public and the city shall have the same authority and
jurisdiction over and right and interest therein as it has over
other streets.

(b) To acquire, by purchase, condemnation, or otherwise
and to construct, own, maintain and operate, within and with-
out the city, public parks, parkways, playfields and playgrounds,
and to lay out, equip and improve them with all suitable de-
vices, buildings and other structures, and to charge admissions
and fees for the use of such facilities.

(c) To collect and dispose of garbage and other refuse
and to impose and collect reasonable charges for such service,
and to construct, maintain and operate, within and without the
city, incinerators, dumps or other facilities or means of dis-
posal of such garbage and other refuse.

(d) To construct, maintain and operate, within and with-
out the city, sanitary sewers, storm sewers, drains, and culverts.

(e) To assess the whole or part of the cost of making and
improving walkways on the existing streets improving or pav-
ing existing alleys or constructing sewers, culverts and drains,
upon the owners of land abutting thereon or on the street or
alley in which such sewer, culvert or drain is laid, provided
that the amount of such assessment shall not exceed the peculiar
benefit resulting to the landowner from the improvement; pro-
vided further, that in lieu of any such assessment for the con-
struction of a sewer, culvert or drain, the city may assess and
collect an annual sewer tax as compensation for the use there-
of, and may provide for the commutation thereof, upon such
terms and conditions as the council may provide by ordinance,
but such assessment shall not be in excess of the peculiar bene-
fit resulting therefrom to such abutting landowners; and pro-
vided further, that the city may acquire by condemnation o1
otherwise any interest or right of any owner of abutting prop-
erty in the use of any sewer, culvert or drain, and thereafter
charge such landowner for the use of such sewer, culvert 01
drain. The city may order such improvements to be made and
the cost thereof apportioned in pursuance of an agreement be-
tween the city and the abutting landowners. In the absence of
such an agreement the improvements may be ordered on a pe-
tition from not less than three-fourths of the landowners to be
affected thereby or by a two-thirds affirmative vote of the
council.

(f) To construct, maintain and equip all buildings and
other structures necessary or useful in carrying out the powers
and duties of the city.

(zg) To sell, lease or dispose of, except as otherwise pro-
vided in this charter and in the constitution and laws of the
Commonwealth, land, buildings and other property of the city,
real and personal.

(h) To control and regulate the use and management of
all property of the city, real and personal.

(i) To acquire, by purchase, condemnation, lease, or other-
wise, and to construct and maintain or authorize the construc-
tion and maintenance of bridges, viaducts, subways or under-
passes over or under any stream, creek or ravine when any por-
tion of such bridge, viaduct, subway or underpass is within the
city limits, and to charge or authorize the charging of tolls
for their use by the public, and to require compensation for
their use by public utility, transmission or transportation com-
panies, except as the right to require such compensation is af-
fected by any contract heretofore or hereafter made with the
company concerned; provided that the council shall have author-
ity to exempt from the payment of tolls for the use of any such
bridge, viaduct, subway or underpass all vehicles licenses to
operate which have been paid to the city.

(j) To authorize by ordinance, in accordance with the
constitution and laws of the Commonwealth, the use of the
streets for the laying down of street railway tracks and the
operation of street railways therein under such conditions and
regulations as may be prescribed by such ordinance or by any
future ordinance, or to acquire by agreement or condemnation
any such street railway and maintain and operate the same.

(k) To acquire, by purchase, condemnation, lease, or
otherwise and to construct, own, maintain and operate, within
and without the city, places for the parking or storage of
vehicles by the public, which shall include but not be limited
to parking lots, garages, buildings and other land, structures,
equipment and facilities, when in the opinion of the council
they are necessary to relieve congestion in the use of streets
and to reduce hazards incident to such use; provide for their
management and control by a department of the city govern-
ment or by an agency specially established by ordinance for
the purpose; authorize or permit others to use, operate or main-
tain such places or any portions thereof, pursuant to lease or
agreement, upon such terms and conditions as the council may
determine by ordinance; and charge or authorize the charging
of compensation for the parking or storage of vehicles or other
services at or in such places.

(1) To acquire, by purchase, condemnation, lease, or
otherwise and to construct, own, maintain and operate, within
and without the city, airports and all the appurtenances thereof ;
provide for their management and control by a department of
the city government; charge or authorize the charging of com-
pensation for the use of any such airport or any of its ap-
purtenances; lease any appurtenance of any such airport or
any concession incidental thereto or, in the discretion of the
council, lease any such airport and its appurtenances with the
right to all concessions thereon to, or enter into a contract for
the management and operation of the same with, any person,
firm or corporation on such terms and conditions as the coun-
cil may determine by ordinance.

(m) To acquire, by purchase, condemnation, lease, or
otherwise, and to construct, own, maintain and operate, within
and without the city, stadia, arenas, swimming pools and other
sport and recreational facilities; provide for their management
and control by a department of the city government; charge or
authorize the charging of compensation for the use of or admis-
sion to such stadia, arenas, swimming pools and other sport and
recreational facilities, including charges for any services in-
cidental thereto; lease, subject to such regulations as may be
established by ordinance, any such stadium, arena, swimming
pool or other sport or recreational facility or any concession
incidental thereto, or enter into a contract with any person,
firm or corporation for the management and operation of any
such stadium, arena, swimming pool or other sport or recre-
ational facility, including the right to all concessions incident
to the subject of such contract, on such terms and conditions
as the council may determine by ordinance.

(n) To acquire, by purchase, condemnation, lease, or other-
wise and to construct, own, maintain and operate, within and
without the city, water works, gas plants and electric plants,
with the pipe and transmission lines incident thereto, and to
charge and collect compensation therefor, and to provide pen-
alties for the unauthorized use thereof; to acquire by purchase,
condemnation or otherwise from lower riparian owners the
right to divert streams into the present or any future reservoir.

(o) To acquire, by purchase, condemnation, lease, or other-
wise and to construct, own, maintain and operate, within and
without the city, landings, wharves, docks, canals and the ap-
proaches to and appurtenances thereof, tracks, spurs, cross-
ings, switchings, terminals, warehouses and terminal facili-
ties of every kind and description necessary or useful in
the transportation and storage of goods, wares and merchan-
dise; perform any and all services in connection with the re-
ceipt, delivery, shipment and transfer in transit, weighing,
marking, tagging, ventilating, refrigerating, icing, storing and
handling of goods, wares and merchandise; prescribe and col-
lect charges from vessels coming into or using any of the land-
ings, wharves and docks, and from persons using any of the
facilities above described; provide for the management and
control of such facilities or any of them by a department of the
city government; lease any or all of such facilities or any con-
cessions properly incident thereto to any person, firm or cor-
poration for the maintenance and operation of any or all of
such facilities on such terms and conditions as the council may
determine by ordinance; apply to the proper authorities of the
United States to grant to the city the privilege of establishing,
maintaining and operating a foreign trade zone within or with-
out the city; regulate the use of other landings, wharves and
docks located on the Potomac River within or near the city;
prevent and remove obstructions from the harbor in, upon or
near the landings, wharves, docks or canals adjacent thereto,
and collect from the person or persons responsible for such
obstructions the cost of their removal; close or discontinue the
use of any such whart, landing, dock or canal now owned or
hereafter acquired by the city and upon the closing or dis-
continuance of such use the same shall thereupon be forever dis-
charged from any public use or easement or from any obliga-
tion theretofore imposed by reason of such public use or ease-
ment by statute or otherwise.

(p) To acquire, by purchase, condemnation, lease, or other-
wise such other utilities, abattoirs and other enterprises within
as well as without the city, as may be deemed to be in the public
interest.

(q) To compel persons sentenced to confinement in the
city jail for petty larceny or other misdemeanor or other vio-
lations of the city ordinances to work on the public streets, parks
or other public works of the city; and on the requisition of the
judge of the corporation court it shall be the duty of the ser-
geant of the city to deliver such person to the duly authorized
agent of the city for such purposes from day to day as he may
be required.

(r) To give names to or alter the names of streets.

(s) To contribute funds or other aid to the building or
improvements of permanent public roads leading to the city
or of bridges on such roads, or to the purchase of such roads
by an affirmative vote of at least five members of the council
provided that no such appropriation shall be made toward the
building, purchase, or improvement of any road or bridge at a
point more than five miles beyond the corporate limits of the
city measured along the route of such road.

(t) To sell any product or by-product of any utility owned
and operated by the city.

(u) 1. To acquire, establish, construct, improve, enlarge,
cperate and maintain a sewage disposal system with all neces-
sary sewers, conduits, pipe lines, pumping and ventilating sta-
tions, treatment plants and works, plants and facilities for the
manufacture of by-products, and other plants, structures, boats,
conveyances and other real and personal property necessary for
the operation of the sewage disposal system.

2. To acquire by purchase, gift, condemnation or other-
wise, real estate, or rights of easements therein, necessary or
convenient for establishment, enlargement, maintenance or
operation of such sewage disposal system, and the right to dis-
pose of property so acquired no longer necessary for the use
of such system, provided that the provisions of section thirty-
eight hundred thirty-two of the Code of Virginia shall apply
to any property belonging to any corporation possessing the
power of eminent domain that may be sought to be taken by
condemnation hereunder.

3. To borrow money for the purpose of acquiring, estab-
lishing, constructing, improving and enlarging the sewage dis-
posal system and to issue bonds therefor in the name of the
City of Alexandria, as hereinafter provided.

4. To accept gifts or grants of real or personal property,
money, material, labor or supplies for the establishment and
operation of such sewage disposal system, and to make and per-
form such agreements or contracts as may be necessary or con-
venient in the procuring or acceptance of such gifts or grants.

5. To enter on any lands, waters and premises for the
purpose of making surveys, borings, soundings and examina-
tions for acquiring, constructing and operating the sewage dis-
posal system and for the prevention of pollution of state
waters.

6. To enter into contracts with the United States of Ameri-
ca, or any department or agency thereof, or with the State of
Virginia, or with any person, firm or corporation providing for
or in relation to the use, treatment and disposal of sewage and
industrial wastes and by-products.

7. To require that all sewage and industrial waste created
or originating upon any and all real estate or anywhere with-
in the city be disposed of through the sewage disposal system.
8. To fix, charge and collect fees, rents or other charges
for the use and services of the sewage disposal system. Such
fees, rents and charges may be charged to and collected from
any person contracting for the same, or from the owner or the
occupant, or some or all of them, who uses or occupies any real
estate which directly or indirectly is, or has been or will be
connected with the sewage disposal system or from which orig-
inates, has originated or will originate sewage or industrial
wastes, or either, which directly or indirectly have entered or
will enter the sewage disposal system; and the owner or occu-
pant of any such real estate shall pay to the city such fees,
rents and charges at the time and place where the same are
due and payable.

9. Such fees, rents and charges, being in the nature of
use or service charges for use of the sewage disposal system,
shall be in addition to tap charges heretofore or hereafter
collected for connection to and use of the regular sewer pipes
of the city, and shall, as nearly as the council shall deem prac-
ticable and equitable, be uniform for the same type, class and
amount of use or service of the sewage disposal system, and
may be based or computed either on the consumption of water
on or in connection with the real estate, making due allowances
for commercial use of water, or on the number and kind of
water outlets on or in connection with the real estate, or on the
number and kind of plumbing or sewage fixtures or facilities
on or in connection with the real estate, or on the number or
average number of persons residing or working on or otherwise
connected or identified with the real estate, or any other fac-
tors determining the type, class and amount of use or service
of the sewage disposal system, or on any combination of such
factors, or on such other basis as the council may determine.
Such fees, rents, and charges shall be due and payable at such
time as the council may determine, and the council may require
the same to be paid in advance for periods of not more than six
months. The revenue derived from any or all of such fees,
rents and charges is hereby declared to be revenue of such
sewage disposal system.

10. In the event the fees, rents or charges charged for the
use and services of the sewage disposal system hy or in con-
nection with any real estate shall not be paid when due, inter-
est shall at the time hegin to accrue thereon at the rate of one
per centum per month, and the person or corporation supplying
water for the use of such real estate, or the owner or occupant
thereof, shall cease supplying water thereto at the request of
the city manager.

Such fees, rents and charges and the interest due thereon
may be recovered by the City of Alexandria by action at law
or suit in equity and shall constitute a lien against the property
ranking on a parity with liens for unpaid city taxes.

§ 2.04. ower to Make Regulations for the Preservation
of the Safety, Health, Peace, Good Order, Comfort, Convenience,
Morals and Welfare of the City and Its Inhabitants. In addi-
tion to the powers granted by other sections of this charter the
city shall have power to adopt ordinances, not in conflict with
this charter or prohibited by the general laws of the Common-
wealth, for the preservation of the safety, health, peace, good
order, comfort, convenience, morals and welfare of its inhabit-
ants. Among such powers, but not in limitation thereof, the
city shall have power:

(a) To provide for the prevention of vice, immorality,
vagrancy and drunkenness; prevention and quelling of riots,
disturbances and disorderly assemblages; suppression of
houses of ill-fame and gambling places and gambling devices
of all kinds; restraint of mendicants; prevention of lewd and
disorderly conduct or exhibitions; and prevention of conduct in
the streets dangerous or annoying to the public.

(b) To regulate the construction, maintenance, repair and
demolition of buildings and other structures and the plumbing,
electrical, heating, elevator, escalator, boiler, unfired pressure
vessel, and air conditioning installations therein, for the pur-
pose of preventing fire and other dangers to life and health;
to establish fire zones and to prohibit the construction of wood-
en buildings and wooden repairs and additions to buildings.

(c) To provide for the protection of the city’s property,
real and personal, the prevention of the pollution of the city’s
water supply, and the regulation of the use of parks, play-
grounds, playfields, recreational facilities, landings, docks,
wharves, canals, airports and other public property, whether
located within or without the city. For the purpose of enforc-
ing such regulations all city property wherever located shall be
under the police jurisdiction of the city. Any member of the
police force of the city or employee: thereof appointed as a
special policeman shall have power to make arrests for viola-
tion of any ordinance, rule or regulation adopted pursuant to
this section and the civil and police court shall have jurisdic-
tion in all cases arising thereunder.

(d) To grant or authorize the issuance of permits under
such terms and conditions as the council may impose for the
use of streets, alleys and other public places of the city by rail-
roads, street railways, buses, taxicabs and other vehicles for
hire; prescribe the location in, under or over, and grant per-
mits for the use of, streets, alleys, and other public places for
the maintenance and operation of tracks, poles, wires, cables,
pipes, conduits, bridges, subways, vaults, areas, parking places,
bus stops, and cellars; require tracks, poles, wires, cables, pipes
conduits and bridges to be altered, removed or relocated either
permanently or temporarily; charge and collec’ compensation
for the privileges so granted; and prohibit such use of the
streets, alleys and other public places of the city, and no such
use shall be made of the streets, alleys or other public places
of the city without the consent of the council.

(e) To prevent any obstruction of or encroachment over,
under or in any street, alley, sidewalk or other public place;
provide penalties for maintaining any such obstruction or en-
croachment; remove the same and charge the cost thereof to the
owner or owners, occupant or occupants of the property so
obstructing or encroaching, and collect the sum charged in any
manner provided by law for the collection of taxes; require the
owner or owners or the occupant or occupants of the property,
so obstructing or encroaching to remove the same; pending such
removal charge the owner or owners of the property so obstruct-
ing or encroaching compensation for the use of such portion of
the street, alley, sidewalk or other public place obstructed or
encroached upon the equivalent of what would be the tax upon
the land so occupied if it were owned by the owner or owners
of the property so obstructing or encroaching, and, if such
removal shall not be made within the time ordered, impose
penalties for each and every day that such obstruction or
encroachment is allowed to continue thereafter; authorize en-
croachments upon streets, alleys, sidewalks or other public
places, subject to such terms and conditions as the council may
prescribe, but such authorization shall not relieve the owner
or owners, occupant or occupants of the property encroaching,
of any liability for negligence on account of such encroachment;
and recover possession of any street, alley, sidewalk or other
public place or any other property of the city by suit or action
in ejectment.

(f) To prescribe the route and grade of any railroad laid
in the city, regulate the operation of locomotives and cars, and
exclude such locomotives and cars from the city provided no
contract between the city and the corporation operating such
locomotives or cars is violated by such action.

(g) To regulate the operation of motor and other vehicles
and exercise control over traffic in the streets of the city and
provide penalties for the violation of such regulations, provided
that ordinances or administrative regulations adopted by virtue
of this subsection shall not be inconsistent with the provisions of
the motor vehicle code of Virginia. Al] fines imposed for the
violation of such ordinances and regulations shall be paid into
the city treasury.
(h) To regulate, in the interest of public health, the pro-
duction, preparation, distribution, sale and possession of milk,
other beverages and foods for human consumption, and the
places in which they are produced, prepared, distributed, sold,
served or stored; regulate the construction, installation, mainte-
nance and condition of all water and sewer pipes, connections,
toilets, water closets and plumbing fixtures of all kinds; regulate
the construction and use of septic tanks and dry closets, where
sewers are not available, and the sanitation of swimming pools
and lakes; provide for the removal of night soil, and charge and
collect compensation for the removal thereof; compel the use of
sewers, the connection of abutting premises therewith, and the
installation in such premises of suitable sanitary facilities;
regulate or prohibit connections to and use of sewers; provide
for the quarantine of any person afflicted with a contagious or
infectious disease, and for the removal of such person to a
hospital or ward specially designated for contagious or infec-
tious diseases; inspect and prescribe reasonable rules and regu-
lations, in the interest of public health, with respect to private
hospitals, sanatoria, convalescent homes, clinics and other
private institutions, homes and facilities for the care of the
sick, of children, the aged and the destitute; provide and main-
tain hospitals and compel the removal of patients to the same;
require the registration of births in the city; and make and
enforce all regulations necessary to preserve and promote public
health and sanitation and protect the inhabitants of the city
from contagious, infectious or other diseases.

(1) To regulate cemeteries and burials therein, prescribe
the records to-be kept by the owners of such cemeteries, pro-
hibit all burials except in a public burying ground, and to pro-
hibit burial of the dead within the city limits.

(j) To regulate or prohibit the exercise of any dangerous,
offensive or unhealthful business, trade or employment, and the
transportation of any offensive or dangerous substance.

(k) To regulate the light, ventilation, sanitation and use
and occupancy of buildings heretofore or hereafter constructed,
altered, remodeled or improved, and the sanitation of the
premises surrounding the same.

(1) To regulate the emission of smoke, the construction, in-
stallation and maintenance of fuel burning equipment, and the
methods of firing and stoking furnaces and boilers.

(m) To compel the removal of weeds from private and pub-
lic property and snow from sidewalks; to compel the covering 01
removal of offensive, unwholesome, unsanitary or unhealthful
substances allowed to accumulate in or on any place or premises;
to require the filling in to the street level of the portion of any lot
adjacent to a street where the difference in level between the lot
and the street constitutes a danger to life and limb; to compel
the raising or draining of grounds subject to be covered by stag-
nant water; to require the razing or repair of all unsafe, danger-
ous or unsanitary public or private buildings, walls or structures
which constitute a menace to the health and safety of the occu-
pants thereof or the public; to compel the abatement of smoke
and dust and the elimination of unnecessary noise; to regulate or
prevent slaughter houses or other offensive business within the
city; to regulate the transportation of articles through the
streets; to provide means for and to regulate the cleaning of all
dry closets and to assess against the owner or occupant of the
premises where same is located a reasonable charge therefor,
which shall be collected as other city taxes; and to compel the
abatement or removal of any and all other nuisances whatsoever
within the city or upon property owned by the city beyond its
limits. If after such reasonable notice as the council may pre-
scribe by ordinance the owner or owners, occupant or occupants
of the property or premises affected by the provisions of this
subsection shall fail to abate or obviate the condition or nuisance,
the city may do so and charge and collect the cost thereof from
the owner or owners, occupant or occupants of the property af-
fected in any manner provided by law for the collection of taxes.

(n) To regulate or prohibit the making of fires in the
streets, alleys and other public places in the city and to regulate
the making of fires on private property.

(0) To regulate or prohibit the manufacture, storage, trans-
portation, possession and use of explosive or inflammable sub-
stances and the use and exhibition of fireworks and discharge of
firearms.

(p) To regulate or prohibit the running at large and the
keeping of animals and fowl! and provide for the impounding and
confiscation of any such animal or fowl found at large or kept in
violation of such regulations.

(q) To prevent cruelty to and abuse of animals and the
driving of horses and other animals at improper speeds.

(r) To regulate the sale of goods, wares or merchandise at
auction; regulate the conduct of and prescribe the number of
pawn shops and dealers in second-hand goods, wares and mer-
chandise; regulate or prohibit the peddling or hawking of any
article for sale on the streets of the city; prevent fraud or deceit
in the sale of goods, wares and merchandise; regulate junk deal-
ers; require the weighing, measuring, gauging and inspection of
goods, wares and merchandise offered for sale; require weights
and measures to be sealed and subject to inspection; and provide
for the appointment of a sealer and one or more weighmasters
who shall perform such duties and functions as may be pre-
scribed by ordinance.

(s) To establish markets in the city and regulate the same
and to make and enforce regulations regarding the keeping and
sale of fresh meat, eggs, vegetables and other perishable
groceries.

(t) To regulate livery stables, garages, gasoline filling sta-
tions, theatrical performances or other public shows or exhibi-
tions, the hiring or use for pay of carriages, automobiles and
other vehicles, billiard parlors, bowling alleys, pistol galleries, and
to grant or refuse licenses to these and similar occupations and
employments as may be deemed proper.

(u) To require a permit for the removal of household goods
and chattels from a residence in the City of Alexandria to a place
outside said city.

(v) To provide a complete building code for the city, and to
provide setback lines on the streets beyond which no building
may be constructed, and to provide for a city planning commis-
sion and define its powers, subject to the limitations imposed in
Chapter 9 of this charter.

(w) To adopt plans and adopt and modify the official map
of the city; divide the city into land use zones in accordance with
the provisions of Chapter 9 of this charter; regulate and restrict
the height and number of stories of buildings and other struc-
tures, the size of yards and courts, the density of populations,
and the location and use of buildings for trade, industry, busi-
ness, residence or other purposes; provide for safe and sanitary
housing accommodation for families of low income; create a
housing authority; adopt, modify, and carry out plans proposed
by the planning commission for the clearance of slum districts
and rehabilitation of blighted areas; adopt, modify and carry out
plans proposed by the planning commission for replanning, im-
provement and redevelopment of neighborhoods and for the re-
planning, reconstruction or redevelopment of any area or district
which may have been destroyed in whole or in part by disaster.

§ 2.05. Miscellaneous Powers.—The City shall also have
power:

(a) To establish, maintain and operate public employment
bureaus and public baths.

(b) To establish, maintain and operate, within and without
the city, public hospitals, sanatoria, convalescent homes, clinics
and other public institutions, homes and facilities for the care of
the sick, of children, the aged and the destitute.

(c) To provide care for the poor and have all the powers
and duties conferred and imposed on cities by the laws of the
Commonwealth relating to public assistance.
(d) To establish, own, maintain and operate, within and
without the city, cemeteries for the interment of the dead, fix
the price at which graves and lots therein shall be sold, make
contracts for their perpetual care and establish the rates to be
charged for the digging of graves, construction of vaults and
other services.

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

(f{) To cooperate and enter cooperative agreements with
any county, city, or state, or with any agency of the Government
of the United States regarding the construction and operation of
any airport, incinerator, sewage disposal system, jail or work-
house or the discharge of any other function or power vested by
this charter in the City of Alexandria.

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

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

(i) To provide for aid in the support or maintenance of
public free schools.

§ 2.06. Enforcement of Regulations—When by the pro-
visions of this charter or the constitution and general laws of the
Commonwealth the city is authorized to pass ordinances on any
subject, the council may provide suitable penalties for the viola-
tion of any such ordinances, including ordinances effective out-
side the city as provided in this charter. No such penalty shall
exceed a fine of three hundred dollars or imprisonment for three
months or both. Upon conviction for violation of any ordinance
the court trying the case may require bond of the person so con-
victed with proper security in the penalty of not more than one
thousand dollars, conditioned to keep the peace and be of good
behavior and especially for the period of not more than twelve
months not to violate the ordinance for the breach of which he
has been convicted. From any fine or imprisonment imposed an
appeal shall lie as in cases of misdemeanor. Whenever any fine
or penalty shall be imposed but not paid the court trying the case
may, unless an appeal be forthwith taken, order the person con-
victed to be imprisoned in the city jail for one day for each three
dollars thereof and may issue a writ of fieri facias directed to the
sergeant of the city for the collection of the amount due, re-
turnable within sixty days from its issuance. The city is hereby
expressly authorized and empowered to institute and maintain a
suit or suits to restrain by injunction the violation of any ordi-
nance legally adopted by it, notwithstanding such ordinance may
provide penalties for its violation.

§ 2.07. Licenses and Permits.—Whenever in the judgment
of the council it is advisable in the exercise of any of the powers
of the city or in the enforcement of any ordinance or regulation,
it may provide for the issuance of licenses or permits in connec-
tion therewith, establish the amount of the fee to be charged the
licensee or permittee and require from the licensee or permittee
a bond and an insurance policy of such character and in such
amount and upon such terms as it may determine.

§ 2.08. Injunctions Against the City.—No injunction shall
be awarded by any court or judge to stay the proceedings of the
city or any of its officers, employees or agents in the exercise of
any of their powers unless it be manifest that the city, its officers,
employees or agents are transcending the authority given the
city by this charter and the general laws of the Commonwealth,
and also that the intervention of a court of equity is necessary
to prevent injury that cannot be compensated by damages.

CHAP 8
COUNCIL

§ 3.01. Composition of the Council.—The Council shall con-
sist of seven members elected as provided in Chapter 10 of this
charter, and they shall serve for terms of three years or until
their successors shall have been elected and take office; provided,
however, that the terms of the members of the council incum-
bent at the effective date of this charter shall continue through
the thirtieth day of June 1952, or until their successors shall
have been elected and shall take office.

§ 3.02. Compensation of the Council.—Members of the
council shall receive in full compensation for their services the
sum of one hundred dollars per month; provided, however, that
the mayor shall receive in full compensation for his services the
sum of one hundred twenty-five dollars per month; provided,
further, that the rate of compensation for the members of the
council and the mayor may be changed by ordinance, except that
no such rate of compensation shall be increased to become effec-
tive during the term for which a member of the council voting on
the question of such increase shall have been elected.

§ 3.08. Qualifications of Council Members.—If a council-
man shall cease to reside within the territorial limits of the City
of Alexandria or shall be convicted of crime involving moral
turpitude, his office shall immediately become vacant. Neither
the Mayor or any other member of the council shal] during the
term for which he was elected and for one year thereafter be
appointed to any office of profit under the government of the city.

§ 3.04. Powers.—All powers of the city as granted in
Chapter 2 of this charter and the determination of all matters of
policy shall be vested in the council. Without limitation of the
foregoing, the council shall have power to:

(a) Elect one of its members as mayor and one of its mem-
bers as vice-mayor.

(b) Appoint and remove the city manager.

(c) Adopt the budget of the city.

(d) Authorize the issuance of bonds by a bond ordinance.

(e) Inquire into the conduct of any office, department or
agency of the city and make investigation as to municipal affairs.

(f) Establish administrative departments, offices or agen-
cies and to authorize the employment of such officers and em-
ployees as may be necessary. There are hereby created the de-
partments of finance, public works, police, fire, public health,
public welfare, and recreation and parks, the heads of which
shall be appointed by the city manager. The council by ordinance
may create, change, and abolish offices, departments, or agencies,
other than the offices, departments and agencies created by this
charter. The council by ordinance may assign duties or functions
to the offices, departments, and agencies created by this charter.
When a vacancy occurs in any office to which the incumbent is
elected by the council, the council is empowered to fill the vacan-
cy, and when such vacancy occurs otherwise than by the regular
expiration of the term of the incumbent, the election shall only
be for the unexpired term.

(g) Appoint the members of the school board, the planning
commission and the board of zoning appeals.

(h) Establish advisory boards and commissions and appoint
their members.

(i) Provide for an independent audit.

(j) Provide for the number, titles, qualifications, powers.
duties, and compensation of all officers and employees of the city.

(k) Provide for the form of oaths and the amount and con.-
dition of surety bonds to be required of certain officers and em-
ployees of the city.
§ 3.05. Mayor.—On the first day of July following the first
election held under this charter, and on the first day of July
every third year thereafter, or if such day shall fall on Sunday
then on the following Monday, the newly elected council, having
taken the oath of office as provided herein, shall choose by ma-
jority vote of all the members thereof one of their number to
be mayor and one of their number to be vice-mayor. The mayor
shall preside over the meetings of the council and shall have the
same right to vote and speak therein as other members. He shall
be recognized as the head of the city government for all cere-
monial purposes, the purposes of military law and the service of
civil process. If a vacancy shall occur in the office of mayor, the
council shall elect one of its members to the office for the unex-
pired term. In the absence or disability of the mayor, the vice-
mayor shall perform the duties of mayor.

§ 3.06. City Clerk.—The council shall appoint a city clerk
and shall have power to remove him from office. He shall be the
clerk of the council, shall keep the journal of its proceedings and
shall record all ordinances in a book kept for the purpose. He
shall be the custodian of the corporate seal of the city and shall
be the officer authorized to use and authenticate it. All records
in his office shall be public records and open to inspection at any
time. He shall receive compensation to be fixed by the council.

§ 3.07. Induction of Members.—The Council members in
office at the time this charter takes effect shall continue in office
through the thirtieth day of June, 1952, or until their successors
shall have been elected and take office. The first meeting of a
newly elected council shall take place at 7:30 p.m. on the first
day of July following their election, or if such day shall fall on
Sunday then on the following Monday. The meeting shall be
called to order by the City Clerk, or in his absence by any judicial
officer having jurisdiction in the city. The council shall be the
judge of the election and qualifications of its members, but the
decision of the council in this matter shall be subject to review
by the Corporation Court of the City of Alexandria. The first
business of the council shall be the election of a mayor. Until
this duty has been completed, the council shall not adjourn for
longer than forty-eight hours.

§ 3.08. Rules of Procedure.—The Council shall be a con-
tinuing body and no measure pending before it shall abate or
be discontinued by reason of the expiration of the term of office
of or removal of the members of the body or any of them. Except
as herein provided, the council shall establish its own rules of
procedure. They shall provide that the council shall meet in
regular session at least twice each month. They shall also pro-
vide for the calling of special meetings by the mayor, the city
manager or any two members of the council, provided that at
least twelve hours written notice of each special meeting is
served personally on each member or left at his usual place of
business or residence, which notice shall contain a statement of
the specific item or items of business to be transacted, and no
other business shall be transacted at such meeting except by the
unanimous consent of all the members of the council; provided,
however, that a special meeting may be held at any time without
notice if all members of the council attend said meeting or
waive notice thereof. A majority of the members of the council
shall constitute a quorum for the transaction of business. No
ordinance, resolution, motion or vote shall be adopted by the
council except at a meeting open to the public unless it shall
have received the affirmative votes of a majority of the members
present. No vote shall be reconsidered or rescinded at any spe-
cial meeting unless at such special meeting there are present as
large a number of members as were present when such vote was
taken. No ordinance or resolution appropriating money exceed-
ing the sum of one thousand dollars, imposing taxes, or author-
izing the borrowing of money, shall be passed by the council on
the same day on which it is introduced, nor shall any such ordi-
Nance or resolution be valid unless at least three days intervene
between its introduction and its passage. No member of the
council shall participate in the vote on any ordinance, resolu-
tion, motion, or other proceeding in which he, or any person
firm or corporation for which he is attorney, officer, director,
employee or agent, has a financial interest other than as a minor-
ity stockholder of a corporation or as a citizen of the city.

§ 3.09. Ordinances.—In addition to such acts of the coun-
cil which are required by the constitution or general laws of the
Commonwealth or by this charter to be by ordinance, every act
of the council creating, altering or abolishing any department
or creating, assigning, abolishing any bureau, division, office,
agency or employment, making an appropriation in excess of
five thousand dollars, except as provided by § 5.16, authorizing
the borrowing of money, except as provided by §§ 7.19, 7.20
and 7.21, levying a tax, establishing any rule or regulation for
the violation of which a fine or penalty is imposed, or placing
any burden upon or limiting the use of private property, shall
be by ordinance.

§ 3.10.—Form of Ordinance.—Every ordinance except the
annual appropriation ordinances and an ordinance codifying
ordinances shall be confined to a single subject which shall be
clearly expressed in its title. All ordinances shall be introduced in
typewritten or printed form or a combination of both. All ordi-
nances which repeal or amend existing ordinances shall identify
by title the section or subsection to be repealed or amended and,
if it is to be amended, shall indicate matter to be omitted by
enclosing the same in brackets and new matter by underscoring.
When printed or published prior to enactment the same indica-
tions of omitted and new matter shall be used except that strike-
out type may be substituted for brackets and italics for under-
scoring. The enacting clause of all ordinances shall be: “The
City Council of Alexandria hereby ordains.”’ Unless another date
is specified therein and except as otherwise provided in this
charter, an ordinance shall take effect on the tenth day following
its passage.

§ 3.11. Procedure for Passing Ordinances.—Any ordi-
nance may be introduced by any member of the council or by
the city manager at any regular meeting of the council or at
any special meeting when the subject thereof has been included
in the notice for such special meeting or been approved by the
unanimous consent of all members of the council. Upon intro-
duction, the ordinance shall receive its first reading and, pro-
vided it shall receive an affirmative vote of the majority of mem-
bers present at this reading, a time,:not less than three days
after such introduction, and place shall be set at which the
council will hold a public hearing concerning it. The hearing
may be held at a regular or special meeting of the council and
may be adjourned from time to time. It shall be the duty of the
city clerk to cause to be published in a newspaper of general
circulation in the city, not later than the second day following
the introduction of the ordinance, a notice containing the time
and place of the hearing and the title of the proposed ordinance.
It shall also be his duty if the council so directs, to have the
title or the full text of the proposed ordinance printed in suffi-
cient numbers to supply copies to meet requests or to cause it to
be published as a paid advertisement in a newspaper of general
circulation published in the city. It shall also be the duty of the
city clerk to place a copy of the ordinance in a file provided for
each member of the council for this purpose. A proposed ordi-
nance, unless it be an emergency ordinance, shall be read a
second time and may be finally passed at a regular meeting of
the council following the introduction of the ordinance and after
the conclusion of the public hearing thereon.

§ 3.12. Emergency Ordinances.—If, in the opinion of
council, an emergency exists, an ordinance may be read a second
time and passed with or without amendment at any regular or
special meeting subsequent to the meeting at which the ordinance
was introduced, provided that prior to its final passage the full
text of the original ordinance has been published in a newspaper
of general circulation in the city. An emergency ordinance must
contain a specific statement of the emergency claimed, and must
be passed by a two-thirds affirmative vote of the members of
city council present.

§ 3.13. Submission of Ordinances or Issues to the Quali-
fied Voters of the City.—The Council shall have authority to
submit by resolution directed to the corporation court of the
City of Alexandria or the judge thereof in vacation, any pro-
posed ordinance, question or issue to the qualified voters of the
city for an advisory referendum thereon. Upon the receipt of
such resolution, the corporation court of the City of Alexandria
or the judge thereof in vacation shall order an election to be
held thereon not less than thirty nor more than sixty days after
the receipt of such resolution. The election shall be conducted
and the result thereof ascertained and determined in the manner
provided by the general law of the Commonwealth for the con-
duct of referendum elections, and by the regular election offi-
cials of the city.

§ 3.14. Record and Publication of Ordinances.—Every or-
dinance after passage shall be given a serial number and shall
be recorded by the clerk in a properly indexed book kept for that
purpose. The council may cause to be prepared, under the direc-
tion of the city attorney, a codification of all ordinances in
force. Such codification shall be passed by the council as a
single ordinance and without hearings or prior publication.
This codification, to be known and cited officially as the city
code, shall be printed and distributed as the council may direct.

§ 3.15. Appointments and Removals.—The council in mak-
ing appointments and removals shall act only by the affirmative
votes of at least four members.

§ 3.16. Removal of Council Members.—Any member of
the council may be removed by the council but only for mal-
feasance in office or neglect of duty; provided that the member
of the council sought to be removed shall have been served with
a written notice of the intention of the council to remove him,
which notice shall contain a clear statement of the grounds for
such removal and shall fix the time and place, not less than ten
days after the service of such notice, at which he shall be given
opportunity to be heard thereon. After the hearing which shall
be public at the option of the council member sought to be
removed and at which he may be represented by counsel, he
may be removed by a vote of six members. It shall:be the duty
of the council, at the request of the council member sought to be
removed, to subpoena witnesses whose testimony would be per-
tinent to the matter in hand. From the decision of the council
removing one of its members, an appeal may be had to the cor-
poration court of the City of Alexandria. Any council member
who shall be convicted by a final judgment of any court from
which no appeal has been taken or which has been affirmed by
a court of last resort on a charge involving moral turpitude shall
cease to be a member of the council.

§ 3.17. Power of Investigation.—The council shall have
power to investigate any or all of the departments, boards, com-
missions, offices and agencies of the city government, and any
officer or employee of the city. The council, in an investigation
or hearing held by it, may order the attendance of any person
as a witness and the production by any person of all relevant
books and papers. Council shall have the power to apply to the
judge of the corporation court for a subpoena or subpoena duces
tecum against any person refusing to appear and testify or who
refuses to produce books and papers as ordered by the council,
and the judge of said court shall, upon good cause shown, cause
said subpoena to be issued. Any person refusing to obey the
issuance of said subpoena as directed by the judge of the cor-
poration court, upon failure to give satisfactory excuse to said
judge may be fined not exceeding the sum of one hundred dollars
or imprisoned not exceeding thirty days or both, such person to
have the right of appeal, as in cases of misdemeanor, to the cor-
poration court of Alexandria. Witnesses may be sworn by the
officer presiding at investigations conducted by the council and
shall be liable to prosecution for perjury for any false testimony
given at such investigations.

CHAP 4
CITY MANAGER

§ 4.01. The City Manager; Qualifications.—The city man-
ager shall be chosen by the council solely on the basis of his
executive and administrative qualifications with special refer-
ence to his actual experience in, or his knowledge of, accepted
practice in respect to the duties of his office as hereinafter set
forth. At the time of his appointment, he need not be a resident
of the city or state, but during his tenure of office he shall reside
within the city.

§ 4.02. The City Manager; Powers and Duties.—The city
manager shall be the chief executive officer of the city govern-
ment. He shall be responsible to the council for the proper
administration of all affairs of the city, except those responsi-
bilities vested by law in the school board, and to that end he
shall have power and shall be required to:

(a) Attend all meetings of the council with the right to
introduce ordinances and to speak but not to vote.

(b) Keep the council advised of the financial condition and
future needs of the city and of all matters pertaining to its
proper administration, and make such recommendations as may
seem to him desirable.
(c) Prepare and submit the annual budget to the council
as provided in Chapter 6 of this charter and be responsible for
its administration after its adoption.

_ (d) Prepare in suitable form for publication and submit
to the council not later than its first meeting in March of each
year a concise, comprehensive report of the financial transactions
and administrative activities and all other operations of the city
government during the fiscal year ending on the last day of the
preceding fiscal year, which report shall become a part of the
minutes of the council and shall be printed if the council so
directs.

(e) Present adequate monthly financial and activity reports
at a regular meeting of the council.

(f) Give such bond as the council may require.

(g) Perform such other duties as may be prescribed by
this charter or required of him in accordance therewith by the
council or which may be required of the chief executive officer
of a city by the general laws of the Commonwealth other than
the duties conferred on the mayor by this charter.

§ 4.08. Powers of Appointment and Removal.—tThe city
manager shall appoint for an indefinite term and remove, except
as otherwise provided in this charter, the heads of all depart-
ments and all other officers and employees of the city; provided,
however, that such powers shall not extend to the employees of
the school board and provided further that, where the council
is given power by this charter to establish an advisory board
or advisory commission for any purpose, the council may pro-
vide for the appointment of the members of such board or com-
mission by the city manager or by the council, and for the
appointment by such board or commission of its employees, and
may specify which, if any, of such employees shall not be
included under such personnel regulations as may be established
by the manager for the service of the city under Chapter 8 of
this charter.

§ 4.04. Council and Council Members Not to Interfere in
Appointments or Removals or Direction of Personnel.—Neither
the council nor any of its members shall direct the appointment
of any person to or his removal from any office or employment
by the city manager or by any of his subordinates, except as
specifically provided in this charter. Except for the purpose
of inquiry, the council and its members shall deal with the
administrative services solely through the city manager, and
neither the council nor any member thereof shall give orders
either publicly or privately to any subordinate of the city man-
ager. Any councilman violating the provisions of this section
or voting for a motion, resolution or ordinance in violation of
this section shall be guilty of a misdemeanor and upon convic-
tion thereof shal] cease to be a councilman. Provided, however,
that nothing herein contained shall be construed as prohibiting
any councilman from discussing with the city manager any
appointment or removal.

§ 4.05. Absence of City Manager. To perform the duties
of the city manager in the event of his temporary absence, dis-
ability, death or resignation, the council may by resolution
appoint an officer of the city or any person other than a member
of the council to perform the duties of manager until said man-
ager returns to duty or his successor is duly appointed.

§ 4.06. Directors of Departments.—There shall be a single
executive head of each department of the city government, who
shall be an officer of the city and shall have direction and con-
trol of his department, subject to the supervision of the city
manager. Two or more departments may be headed by the same
individual, the manager may head one or more departments, and
the directors of departments may also serve as chiefs of divisions.

§ 4.07. Relations with Boards, Commissions, and Agen-
cies.—The city manager shall have the right to attend and par-
ticipate in the proceedings of, but except as otherwise provided
in this charter not to vote in, the meetings of all boards, com-
missions or agencies created by this charter or by ordinance.

CHAP 5
FINANCE

§ 5.01. Department of Finance.—There shall be a depart-
ment of finance, which shall include the functions of budgeting,
accounting and control, assessment of real estate, purchasing,
tax and license enforcement, license inspection, and such other
functions as may be provided by ordinance.

Director of Finance.—The head of the department
of finance shall be the director of finance, who shall be, or be
appointed by, the city manager. If appointed, he shall be a
person skilled in accounting and financial control.

§ 5.08. Director of Finance to Give Bond.—The director
of finance shall provide a bond with such surety and in such
amount as the council may require.

§ 5.04. Director of Finance; Powers and Duties.—The
director of finance, under the supervision of the city manager,
shall have charge of the administration of the financial affairs
of the city and to that end he shall have authority and shall be
responsible for the department of finance in order to discharge
the following functions:

(a) Compile the current expense estimates for the budget
for the city manager.
(b) Compile the capital estimates for the budget for the
city manager.

(c) Supervise and authorize the disbursement of all moneys
and have control over all expenditures to ensure that budget
appropriations are not exceeded. Provided, however, that noth-
ing herein contained shall apply to the administration of school
funds.

(d) Maintain a general accounting system for the city gov-
ernment and each of its offices, departments and agencies; keep
books for and exercise financial and budgetary control over each
office, department and agency; keep separate accounts for the
items of appropriation contained 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; and require reports of receipts and
disbursements from each receiving and spending agency of the
city government to be made daily or at such intervals as he may
deem expedient. Provided, however, that nothing herein con-
tained shall apply to the administration of school funds.

(e) Submit to the council through the city manager a
monthly statement of all receipts, disbursements and encum-
brances of funds in sufficient detail to show the exact financial
condition of the city.

(f) Prepare for the city manager, as of the end of each
fiscal year, a complete financial statement and report.

(g) Supervise and be responsible for the assessment of
all property within the corporate limits of the city for taxation,
make all special assessments for the city government, prepare
assessment maps and give such notice of taxes and special
assessments as may be required by law.

h) Prepare and submit bills for all taxes, special assess-
ments, license fees and other revenues of the city or for whose
collection the city is responsible and supervise the inspection of

censes.

(i) Have the safekeeping of all bonds and notes of the city
and the receipt and delivery of city bonds and notes for transfer,
registration or exchange; provided, however, that any sinking
fund for the amortization of outstanding term bonds shall be ad-
ministered as provided in § 7.14 of this charter.

(j) 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.

(k) Approve all proposed expenditures. No appropriation
shall be encumbered and no expenditure shall be made unless the
director of finance shall certify that there is an unencumbered
balance of appropriated and available funds.
§ 5.05. Work Programs; Allotments.—Before the begin-
ning of the budget year, the head of each office, department or
agency shall submit to the director of finance, at such time as
may be set by him, a work program for the year, which program
shall show the requested allotments of the appropriations. for
such office, department or agency, for such periods as may be
designated by the city manager, for the entire budget year. The
city manager shall review the requested allotments and may re-
vise, alter or change such allotments before approving the same.
The aggregate of such allotments shall not exceed the total ap-
propriation available to said office, department or agency for the
budget vear.

§ 5.06. Allotments Constitute Basis of Expenditures and
Are subject to Revision.—The director of finance shall authorize
all expenditures for the offices, departments and agencies to be
made from the appropriations on the basis of approved allot-
ments and not otherwise. An approved allotment may be revised
during the budget year in the same manner as the original allot-
ment was made. If, at any time during the budget year, the city
manager shall ascertain that the available income, plus balances,
for the year will be less than the total appropriations, he shall
reconsider the work programs and allotments of the several of-
fices, departments and agencies and revise the allotments so as to
prevent the making of expenditures in excess of the said income.

§ 5.07. Transfers of Appropriations.—The city manager
may at any time transfer any unencumbered appropriation bal-
ance or portion thereof within the same general classifications. of
expenditures within an office, department or agency. The coun-
cil within the last three months of the budget year may by reso-
lution transfer any unencumbered appropriation balance or por-
tion thereof from one office, department or agency to another.

§ 5.08. Accounting Supervision and Control.—The director
of finance shall have power and shall be required to:

- (a) Prescribe the forms of receipts, vouchers, bills or claims
to be used by all the offices, departments and agencies of the city
government.

(b) Examine and approve all contracts, orders and other
documents by which the city government incurs financial obliga-
tions, having previously ascertained that funds have been ap-
propriated and allotted and will be available when the obligation
shall become due and payable.

(c) Audit and approve before payment all bills, invoices,
payrolls and other evidences of claims, demands or charges
against the city government and with the advice of the city at-
torney determine the regularity, legality and correctness of such
claims, demands or charges.
(d) Inspect and audit any accounts or records of financial
transactions 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.

_~§ 5.09. When Contracts and Expenditures Prohibited.—
No officer, department, or agency shall, during any budget year,
expend or contract to expend any money or incur any liability, or
enter into any contract which by its terms involves the expendi-
ture of money, for any purpose, in excess of the amounts ap-
propriated for that general classification of expenditure pursuant
to this charter. Any contract, verbal or written, made in viola-
tion of this charter shall be null and void. Any officer or em-
ployee of the city who shall violate this section shall be guilty of
a misdemeanor and, upon conviction thereof, shall cease to hold
his office or employment. Nothing in this section contained, how-
ever, shall prevent the making of contracts or the spending 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

y law.

§ 5.10. Appropriations Lapse at End of Year.—All appro-
priations shall lapse at the end of the budget year to the extent
that they shall not have been expended or lawfully encumbered.

§ 5.11. Fees Shall be Paid to City Government.—All fees
received by any officer or employee shall belong to the city gov-
ernment and shall be paid to the department of finance as and
when directed by the director of finance.

§ 5.12. Division of Purchases.—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 hy ordi-
nance, shall contract for, purchase, store and distribute all
supplies, materials and equipment required by any office, depart-
ment or agency of the city government. The purchasing agent
shall also have power and shall be required to:

(a) Establish and enforce specifications with respect to
supplies, materials, and equipment required by the city gov-
ernment.

(b) Inspect or supervise the inspection of all deliveries of
supplies, materials, and equipment, and determine their quality,
quantity and conformance with specifications.

(c) Have charge of such general storerooms and ware-
houses as the council may provide by ordinance.
(d) Transfer to or between offices, departments or agencies
or sell surplus, obsolete, or unused supplies, material and
equipment.

§ 5.18. Competitive Bidding.—Before the city purchasing
agent makes any purchase of or contract for supplies, materials
or equipment, he shall give ample opportunity for competitive
bidding, under such rules and regulations, and with such excep-
tions, as the council may prescribe by ordinance; provided, how-
ever, that the council shall not except individual contracts,
purchases or sales from the requirement of competitive bidding.

§ 5.14. Contracts for City Improvements.—Any city im-
provement costing more than $1,000 except where such improve-
ment is executed directly by a city department, shall be executed
by contract. All such contracts for more than one thousand
dollars shall be awarded to the lowest responsible bidder, or if
the council should so determine, to such bidder whose bid is
more acceptable to the public interest, after such public notice
and competition as may be prescribed by ordinance, provided
the city manager shall have the power to reject all bids and
advertise again. Alterations in any contract may be made when
authorized by the council upon the written recommendation of
the city manager.

§ 5.15. No Contract Executed Until Bond - Ordinance
Effective.-—No contract shall be executed for the acquisition of
any property or the construction of any improvement or better-
ment 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 unenforce-
able in any court of law.

§ 5.16. Emergency Appropriations.—At any time in any
budget year, the council may, pursuant to this section, make
emergency appropriations to meet a pressing need for public
expenditure, for other than a regular or recurring requirement,
to protect the public health, safety or welfare. Such appropria-
tion shall be by resolution adopted by the favorable votes of
two-thirds of the members of the council present. The total
amount of all emergency appropriations made in any budget
year shall not exceed three per centum of the total operating
appropriations made in the budget for that year.

§ 5.17. Auditor of Municipal Accounts.—There may be
an auditor of municipal accounts to be appointed by the council
for an indefinite term. He shall be qualified by training and
experience for the duties of his office. It shall be his duty to
examine and audit all accounts, books; records and financial
transactions of the city, and of any department, court, board,
commission, office or agency thereof, excluding such accounts
as are audited by the auditor of public accounts of the Common-
wealth but including all trust and special funds. It shall be his
duty to make annually to the council, as soon after the end of
the fiscal year as possible but in any event not later than ninety
days, a complete audit report covering the transactions of the
preceding fiscal year as they appear in the accounts, books and
records kept in the department of finance, with such comments
and recommendations as he may deem advisable. He shall make
examinations and audits of the accounts, books and records of
other departments, courts, boards, commissions, offices and
agencies subject to examination and audit by him at such times
as he or the council shall deem necessary and upon completion
of each such examination or audit shall file with the council a
report thereof in writing. He shall also transmit a copy of
each such report to the city manager and to the department,
court, board, commission, office or agency covered thereby. If
he shall at any time discover any unauthorized, illegal, irregular
or unsound practice he shall forthwith lay such facts before the
city manager and council. In performing his duties he shall
have access at any and all times to all books, records and
accounts of each department, court, board, commission, office or
agency of the city subject to examination and audit by him. A
copy of each audit report made to the council by the auditor of
municipal accounts shall always be available for public inspec-
tion in the office of the city clerk during regular business hours.

§ 5.18. Independent Audit.—The council shall cause to be
made at least every year from the date of the adoption of this
charter an independent audit of all accounts, books, records and
financial transactions of the city by the auditor of public
accounts of the Commonwealth or by a firm of independent
certified public accountants to be selected by the council. The
report of such audit shall be filed within such time as the council
shall specify and one copy thereof shall be always available for
public inspection in the office of the city manager during regular
business hours.

§ 5.19. Power to Sell Property for Taxes.—The city col-
lector shall have any or all of the powers which are now or
which may be hereafter vested in any officer of the state charged
with the collection of state taxes, and may collect the same in
the same manner in which state taxes are collected by any officer
of this state. No deed of trust or mortgage upon goods and
chattels shall prevent the same from being distrained or sold
for taxes assessed thereon, no matter in whose possession such
goods and chattels may be found. A tenant from whom pay-
ment of taxes on his landlord’s property shall be obtained by
distress or otherwise shall have credit for the same against
such person on account of his rent, unless by contract the tenant
is to pay such taxes. The council may require a list of all real
estate in the City of Alexandria delinquent for the nonpayment
of taxes thereon for the preceding year to be recorded in a book
of delinquent taxes to be kept in the office of the director of
finance.

§ 5.20. Penalties for Nonpayment of Taxes.—The council
may impose penalties for the nonpayment of city taxes and
levies and for the failure to make any return required by law
for the assessment of taxes, and may cause such penalties to
be added to the amount of taxes and levies due from taxpayers,
as it may by ordinance or resolution from time to time pre-
scribe; and after such penalty has been added, the city collector
shall have the power of distress, garnishment or action and any
other power now possessed or that may hereafter be given to
any person charged with the collection of State taxes after the
penalty for the nonpayment of State taxes has been added.
Should it come to the knowledge of the city collector that any
person, firm or corporation owing taxes or levies to the city is
moving or contemplating moving therefrom prior to the time
said penalty may be added by the council, he shall have the
right to collect taxes by distress, garnishment, suit or action or
otherwise at any time after such bills for taxes have come into
his hands.

§ 5.21. Foreclosure of Tax Liens by City.—There shall
be a lien on all real estate and on each and every interest there-
in within the corporate limits for all taxes, levies, or charges
assessed thereon or against the same, or upon or against the
owner or owners thereof, under the provisions of this charter, or
by the ordinance of the city council, from the commencement
of the assessment of such taxes, levies or charges in each year
for which the same are levied or assessed, which lien shall have
priority over all other liens except the lien for state taxes. The
city council may require real estate within the city returned
delinquent for the nonpayment of taxes, levies or charges as-
sessed thereon, or charged against the same under the pro-
visions of this charter to be sold for said taxes, levies, or
charges, with interest thereon at the rate of six per centum per
annum, from the day first fixed by the ordinance of the city
council for the payment of such taxes, levies or charges into the
treasury of the city until payment and such per centum or fixed
amount as the city council shall prescribe for charges and ex-
penses of advertisement and sale. Such real estate may be sold
and may be redeemed as hereinafter provided; or the said
city council, may after any such real estate has been returned
delinquent for two years or more for the nonpayment of the
taxes, levies or charges assessed thereon, or charged against the
same, institute a suit in equity, either in the corporation or cir-
cuit court of the City of Alexandria, to enforce the lien before-
named for any unpaid taxes, levies or charges and interest
thereon; and in such suit the land and improvements on which
the taxes, levies or charges were assessed may be sold, and all
taxes, levies and charges thereon, to the day of sale with in-
terest accrued thereon and the penalties, including reasonable
counsel fees, the costs of suit and of said sale, may be paid from
the proceeds of said sale. The court shall direct in its decree
for distribution the payment out of the proceeds of such sale of
the costs of such suit, including reasonable compensation to the
counsel prosecuting the suit, in addition to the docket fee, and,
after such payments, the payment of taxes, levies and charges,
interest and penalties to the city treasurer of the City of Alex-
andria; the surplus, if any, of such proceeds shall be paid to
the owner of the property. Nothing herein contained shall be
construed as interfering in any way with the other remedies
and methods provided by the general laws of the Commonwealth,
or by this charter and the ordinances enacted in pursuance
thereof, for the collection of taxes, but such suit in equity shall
be an additional remedy to the others provided by this charter.

§ 5.22. Notice of Tax Sales.—The city collector shall,
under the direction of the city council, cause a notice of the
time and place of any general or special sale of property for
taxes to be published at least in one daily newspaper, pub-
lished in said city, at least ten days previous to such sale; and
he shall also cause to be published in one of said daily news-
papers on some day, not more than twenty days or less than
ten days, previous to such sale, a list of the several parcels of
real estate to be sold in the same manner as the same is de-
scribed in the assessment rolls in which the said tax or assess-
ment is imposed thereon, together with the name of the person
to whom each parcel is assessed, and the amount of the tax or
assessment thereon.

§ 5.23. Tax Sales.—If any tax or assessment, and the per-
centage, interests and expenses aforesaid, be not paid previous
to the day for which said sale was advertised, or on some day
immediately thereafter, to which said sale may be adjourned, the
city collector shall proceed to make sale accordingly of the said
several parcels of real estate, or so much thereof as may be
necessary, to the highest bidder; and the sale may be adjourned
from day to day until it shall be completed. On such sale the city
collector shall execute to the purchaser a certificate of sale, in
which the property purchased shall be described, and the aggre-
gate amount of the tax or assessment, with charges and expenses
specified; but the city collector shall not, for himself, either
directly or indirectly, purchase any real estate so sold. If at
any such sale no bid shall be made for any such parcel of land,
or such bid shall not be equal to the tax or assessment, with in-
terest and charges, then the same shall be struck off to the city.
As soon as practicable after the completion of such sales, the city
collector shall make out a list of all sales made to the city, or
to others, in which the property purchased shall be described,
and the aggregate amount of tax or assessment with charges and
expenses specified, and shall deposit the same with the clerk of
the corporation court, who shall record the same in a book kept
for the purpose, and indexed as heretofore provided for State
taxes.

§ 5.24. Redemption of Real Estate Sold for Taxes.—The
owner of any real estate sold for nonpayment of taxes, except
when sold by order of court in an equity suit, his heirs or assigns
or any person having a right to charge such real estate for a
debt, or any person having an interest in said real estate by
way of reversion, remainder, or otherwise, may redeem the
same by paying to the purchaser, his heirs or assigns, within
two years from the sale thereof, the amount for which the same
was sold, and such additional taxes thereon as may have been
paid by the purchaser, his heirs or assigns; or if purchased by
the city, with such additional sums as would have accrued for
taxes thereon, if the same had not been purchased for the city,
with interest on the paid purchase money and taxes, at the rate
of twelve per centum per annum from the time that the same
may be paid within the said two years to the city collector in
any case in which the purchaser, his heirs or assigns, may re-
fuse to receive the same, or may not reside or cannot be found
in the City of Alexandria. Any infant, insane person, or person
imprisoned, whose real estate may have been sold, or his heirs,
may redeem the same by paying to the purchaser, his heirs or
assigns, within two years after the removal of the disability, the
amount for which the same was so sold, with the necessary
charges incurred by the purchaser, his heirs or assigns, in ob-
taining the title under the sale, and such additional taxes on the
estate as may have been paid by the purchaser, his heirs or as-
signs, and the appraised value of any improvement that may
have been made thereon, with interest on the said items at the
rate of six per centum per annum.

§ 5.25. Deeds to Purchasers of Real Estate Sold for Taxes.
—The purchaser of any real estate sold for taxes from the sale,
shall obtain from the city collector a deed conveying the same,
wherein it shall be set forth what appears in the office of the city
collector in relation to the sale. In no case shall a deed to any
such real estate be made to any such purchaser until after he has
given to the owner or owners of record at the time of said sale
and to whom said real estate so sold has been conveyed of record
subsequent to the time of such sale or, if any of said persons be
dead, then to his or their personal representative and heirs or de-
visees, and to the trustees, mortgagees and beneficiaries, as shown
by the records in any deed of trust or mortgage on said real
estate, or their personal representatives, four months written
notice of his said purchase; provided that no notice need be
given to any trustee, mortgagee, or beneficiary in any deed of
trust or mortgage which has been recorded, or the lien thereon
renewed more than twenty years prior to the date of such sale;
and the person entitled to redeem the said real estate shall have
such right of redemption at any time before the expiration of
said four months, although such time extend beyond the two
years mentioned herein. When the purchaser has assigned the
benefit of his purchase, the deed may, with his assent, evidenced
by his joining therein, or by writing annexed thereto, be exe-
cuted to his assignee. If the purchaser shall have died, his heirs
or assigns may move the corporation court of said city to order
the city collector to execute a deed to such heirs or assigns.

When the purchaser of any real estate sold for taxes, his
heirs or assigns, shall have obtained a deed therefor, and within
sixty days from the date of such deed shall have caused the same
to be recorded, such estate shall stand vested in the grantee in
such deed as was vested in the party assessed with the taxes, on
account whereof the sale for nonpayment of taxes was made
notwithstanding any irregularity in the proceedings under
which the said grantee claims title, unless such irregularity ap-
pears on the face of the proceedings; and if it be alleged that
the taxes for the nonpayment of which the sale was made, were
not in arrears, the party making such allegation must establish
the truth thereof by proving that the taxes were paid; but noth-
ing in this section shall be construed to affect or impair the lien
of the city on the real estate and on each and every interest
therein, or to affect, limit, or impair, the right of the city,
when it becomes a purchaser of real estate under the provisions
of this charter.

§ 5.26. Deeds to Real Estate Sold to City for Taxes.—In
case that any real estate struck off to the city as hereinbefore
provided shall not be redeemed within the time specified, the city
collector shall, within sixty days after the expiratien of two
years from the sale, cause to be recorded in the office of the
clerk of the corporation court a certificate of sale with his oath
that the same has not been redeemed, and thereupon any pur-
chaser of said real estate or his assignee, shall acquire an abso-
lute title in fee to such real estate, and every interest therein,
for life, in reversion, in remainder or otherwise, subject to be
defeated only by proof that the taxes for which said real estate
was sold were not properly chargeable thereon, or that the taxes
properly chargeable thereon had been paid at the time of the
execution of said certificate. The said certificate shall be re-
corded in the said clerk’s office in a record book known as “deed
book, recording conveyances to city of lands sold for delinquent
taxes.” The city council may impose penalties upon its officers
for their failure to comply with the requirements of this sec-
tion. The said certificate, or the record thereof, or a certified
copy thereof, shall, in all courts and other places, be evidence of
the facts therein stated; provided, however, that the tailure to
obtain or record such certificate shall not invalidate the lien of
the city for all taxes assessed against such real estate, but the
city may at any time, elect to enforce its lien for taxes in a court
of equity and release its right as purchaser, or to become a pur-
chaser of such real estate.

§ 5.27. Clearance of Title to Real Estate Redeemed after
Sale for Nonpayment of Taxes.—When lands and lots returned
delinquent for taxes are sold for taxes and have been redeemed
as hereinbefore provided, and a receipt of the city collector or a
receipt of the purchaser at the tax sale showing that all taxes,
costs or other expenses to which he is entitled upon such redemp-
tion, duly assigned by him and acknowledged as a deed is re-
quired to be acknowledged, has been delivered to the clerk of
the corporation court, the clerk shall endorse the satisfaction
of such payment upon the delinquent land book opposite the
entry of such tract or lot for the year or years for which it was
redeemed, or in case the property has been purchased, on the de-
linquent sales book for the year or years for which it was sold
to the purchaser.

CHAP 6
BUDGET

§ 6.01. Fiscal Year.—tThe fiscal year of the city govern-
ment shall be established by ordinance. Such fiscal year shall
also constitute the tax year and the budget and accounting
year. As used in this charter, the term “budget year’ shall
mean the fiscal year for which any particular budget is adopted
and in which it is administered.

§ 6.02. Submission of Budget.—The city manager, at least
fifty days prior to the beginning of each budget year, shall sub-
mit to the council a general budget, a capital budget and an
explanatory budget message in the form and with the contents
provided by this chapter.

§ 6.03. Preparation of Budgets.—It shall be the duty of
the head of each department, the judges of all courts, each board
or commission, including the school board, and each other office
or agency supported in whole or in part by the city, including
the commissioner of revenue, the city treasurer, the city ser-
geant, the attorney for the Commonwealth and clerks of courts
to file with the city manager or with the director of finance
designated by him, at such time as the manager may prescribe,
estimates of revenue and expenditure for that department,
court, board, commission, office or agency for the ensuing fiscal
year. Such estimates shall be submitted on the forms furnished
by the director of finance and it shall be the duty of the head of
each such department, judge, board, commission, office or agency
to supply all the information which the city manager may
require to he submitted thereon. The director of finance shall
assemble and compile these estimates and supply such additional
information relating to the financial transactions of the city as
may be necessary or valuable to the city manager in the prepa-
ration of the budgets. The city manager shall hold such hear-
Ings as he may deem advisable and with the assistance of the
director of finance shall review the estimates and other data
pertinent to the preparation of the budgets and make such
revisions in such estimates as he may deem proper, subject to
the laws of the Commonwealth relating to obligatory expendi-
tures for any purpose, except that in the case of the school
board he may recommend a revision only in its total estimated
expenditure.

§ 6.04. Scope of the General Budget.—The general budget
shall contain:

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

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

(c) An estimate of receipts from all other sources of rev-
enue, provided that the estimated receipts from no such source
shall exceed the amount estimated to be received from such
source in the current fiscal year, unless a law or ordinance under
which revenue from any source is derived has been amended,
or property assessments have been raised, or a new source of
revenue has been provided by law or ordinance in the course
of the current year, in which case the estimated receipts from
that source may be fixed by the city manager, but if additional
revenue is to be derived from the state or the federal govern-
ment the amount fixed by the city manager shall not exceed the
amount which the proper state or federal official shall certify
in writing to be the reasonable expectation of receipts from
such source.

(d) A statement to be furnished by the director of finance
of the debt service requirements for the ensuing year.
(e) An estimate of the city’s cash deficit, if any, at the
end of the current fiscal year and of any other obligations
required by this charter to be budgeted for the ensuing fiscal
year.

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

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

udget.

§ 6.05. A Balanced Budget.—In no event shall the ex-
penditures recommended by the city manager in the general
budget exceed the receipts estimated, taking into account the
estimated cash surplus or deficit at the, end of the current fiscal
year, as provided in the preceding section, unless property
assessments have been raised or unless the city manager shall
recommend an increase in the rate of ad valorem taxes on real
estate and tangible personal property or other new or increased
taxes or licenses within the power of the city to levy and collect
in the ensuing fiscal year the receipts from which, estimated
on the basis of the average experience with the same or similar
taxes during the three tax years last past, will make up the
difference. If estimated receipts exceed estimated expenditures
the city manager may recommend revisions in the tax and
license ordinances of the city in order to bring the general fund
budget into balance.

§ 6.06. Budget Message.—The budget message: submitted
by the city manager to the council shall be explanatory of the
budget, shall contain an outline of the proposed financial policies
of the city for the budget year and shall describe in connection
therewith the important features of the budget plan. It shall
set forth the reasons for salient changes from the previous
year in cost and revenue items and shall explain any major
changes in financial policy. As a part of the budget message,
with relation to the proposed expenditures for down payments
and other proposed expenditures for capital projects stated in
the budget, the city manager shall include a statement of pend-
ing capital projects and proposed new capital projects, relating
the respective amounts proposed to be raised therefor by appro-
priations in the budget and the respective amounts, if any,
proposed to be raised therefor by the issuance of bonds during
the budget year.

§ 6.07. Appropriation and Additional Tax Ordinances.—
At the same time that he submits the general fund budget the
city manager shall introduce in the council a general appropria-
tion ordinance. The appropriation ordinance shall be based on
the general fund budget but need not be itemized further than
by departments and the major operating units thereof, and by
courts, bureaus, boards, commissions, offices and agencies sub-
mitting separate budget estimates, and by the principal object
of expenditure. At the same time the city manager shall also
introduce any ordinance or ordinances altering the tax rate
on real estate and personal property or levying a new tax or
altering the rate of any other tax necessary to balance the
general fund budget as hereinbefore provided. The hearing on
the budget plan as a whole, as provided in this section shall
constitute the hearing on all ordinances referred to in this
subsection.

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

§ 6.09. Publication of Notice of Public Hearing.—At the
meeting of the council at which the budget and budget message
are submitted, the council shall determine the place and time
of the public hearing on the budget, which time shall be at least
thirty days prior to the beginning of each budget year, and shall
cause to be published a notice of the place and time, not less
than seven days after date of publication, at which the council
will hold a public hearing. ,

§ 6.10. Public Hearing on Budget.—At the time and place
so advertised, or at any time and place to which such public
hearing shall from time to time be adjourned, the council shall
hold a public hearing on the budget as submitted, at which all
interested persons shall be given an opportunity to be heard,
for or against the estimates or any item thereof.
§ 6.11. Action by the Council on the General Budget.—
After the conclusion of the public hearing on the general budget
the council may insert new items of expenditure or may. increase,
decrease or strike out items of expenditure in the general fund
budget, except that no item of expenditure for debt service or
other provision of law shall be reduced or stricken out. The
council shall in no event adopt a general budget in which the
total of expenditures exceeds the receipts, estimated as herein-
before provided, unless at the same time it adopts measures for
providing additional revenue in the ensuing fiscal year, estimated
as hereinbefore provided, sufficient to make up the difference.

§ 6.12. Adoption of Budget.—The budget shall be adopted
by the votes of at least a majority of all the members of the
council. The budget shall be finally adopted not later than the
twenty-seventh day of the last month of the fiscal year. Should
the council take no final action. on or prior. to such day, the
budget, as submitted, shall be deemed to have been finally
adopted by the council.

§ 6.13. Additional Appropriations.—An appropriation in
addition to those contained in the general appropriation ordi-
nance, except for the purpose of meeting a public emergency as
provided for elsewhere in this charter, may be made by the
council, by not less than a majority affirmative vote of the mem-
bers present, only if there is available in the general fund a sum
unencumbered and unappropriated sufficient to meet such appro-
priation. |

§ 6.14. Capital Budget.—At the same time that he submits
the general budget the city manager shall submit to the council
a budget of the proposed capital improvement projects for the
ensuing fiscal year and for the four fiscal years thereafter, with
his recommendations as to the means of financing the improve-
ments proposed for the ensuing fiscal year. The council shall
have power to accept with or without amendments or reject the
proposed program and proposed means of financing for the
ensuing fiscal year but, except in the case of emergency as pro-
vided in subsection (d) of § 2.02 of this charter, 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 not later
than twenty days after the date prescribed for the adoption of
the general budget. No appropriation for a capital improvement
project contained in the capital budget shall lapse until the pur-
pose for which the appropriation was made shall have been
accomplished or abandoned, provided that any project shall be
deemed to have been abandoned if three fiscal years elapse with-
out 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.

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

CHAP 7
BORROWING

§ 7.01. Borrowing Power.—The City Council may, in the
name and for the use of the city, incur indebtedness by issuing
its negotiable bonds or notes for the purposes, in the manner and
to the extent provided in this chapter.

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

§ 7.08. Limitation on Indebtedness.—Except as otherwise
provided in §§ 7.15 and 7.16 of this chapter, the city shall not
issue bonds or other interest bearing obligations to an amount
which, including existing indebtedness, shall, at any time, exceed
eighteen per centum of the assessed valuation of real estate in
said city subject to taxation, as shown by the last preceding
assessment for taxes; provided, however, that in determining
the limitations to the power to incur indebtedness, there shall
not be included in the classes of indebtedness specially described
in subdivisions (a) and (b) of section one hundred and twenty-
seven of the Constitution of Virginia.

§ 7.04. Notes in Anticipation of Bonds.—Whenever an
issue of bonds has been authorized as provided in this charter,
the director of finance, when authorized by resolutiqn, shall have
power to issue notes of the city in anticipation of such bonds,
for the purpose of defraying the whole or any part of the cost
of such project. Such notes shall be authenticated by the signa-
ture of the director of finance and the city treasurer and shall
mature not later than two years after the date of issue.

§ 7.05. Form of Bonds.—aAll bonds issued pursuant to this
charter shall be paid in consecutive annual instalments, no one
of which shall be more than fifty per centum in excess of the
smallest prior instalment. The first annual instalment of any
issue or of any block or series of bonds shall be payable not
later than one year from the date of sale of such issue or block
or series thereof. Bonds shall be authenticated by the manual
signature of the City Treasurer and shall bear the facsimile
signature of the mayor and a facsimile of the seal of the city
attested by the facsimile signature of the city clerk. Should
interest payments on such bonds be evidenced by coupons at-
tached thereto, such coupons shall be authenticated by the fac-
simile signatures of the mayor and the city treasurer.

§ 7.06. Ordinance for Bond Issue.—(a) Ordinance re-
quired. All bonds shall be authorized by ordinance, the proce-
dure for the passage of which shall be the same as for the pass-
age of any ordinance, except that such ordinance shall not be
passed as an emergency ordinance and that five affirmative votes
shall be necessary for its adoption.

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

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

2. If the purpose of the bonds is to finance a capital im-
provement project or class of improvement projects, a general
description of the same and an estimate of the maximum cost
thereof ;

3. The maximum aggregate principal amount of the bonds.

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

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

§ 7.07. Period of Limitation—When 30 days shall have
elapsed from the date of publication of the bond ordinance, or
in case of submission to a referendum, from the date of approval
by the voters, any recitals or statements of fact contained in
said ordinance shall .be deemed to be true for the purpose of
determining the validity of the bonds, and the city and all
other parties interested shall thereafter be estopped from deny-
ing them; the ordinance shall be conclusively presumed to have
been duly and regularly passed by the city and to comply with
the provisions of this charter and all laws; and the validity of
such bond ordinance shall not thereafter be questioned in court
action except in action commenced prior to the expiration of
such 30 days. The city manager within three days after the
enactment of a bond ordinance shall cause to be published a
notice in a newspaper published in the city to the effect that the
thirty days provided for in this subsection within which action
questioning the validity of the ordinance can be commenced
has begun to run.

§ 7.08. Ordinance not to include unrelated purposes.—
Bonds for two or more unrelated purposes, not of the same gen-
eral class or character, shall not be authorized by the same ordi-
nance. After two or more ordinances have been passed, the
council may, in its discretion, direct by resolution that all or
any of the bonds authorized by the ordinances to be actually
issued as one consolidated bond issue. Separate issues of funding
and/or refunding bonds may be made under authority of the
same bond ordinance for the retirement of two or more different
debts or classes of debts.

§ 7.09. Within What Time Bonds Issued.—After a bond
ordinance takes effect, bonds may be issued in conformity with
its provisions at any time within three years after the ordinance
takes effect, unless the ordinance is repealed, which repeal is per-
mitted unless notes shall have been issued in anticipation of
such bond issue and are outstanding.

§ 7.10. Amount and Nature of Bonds Determined.—The
aggregate amount of bonds to be issued under a bond ordinance,
the maximum rate or rates of interest they shall bear and the
times and places of payment of the principal and interest of
the bonds shall be fixed by resolution or resolutions of the coun-
cil. The bonds may be issued either all at one time or from
time to time in blocks, and different provisions may be made for
different blocks. |

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

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

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

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

(b) Average of Periods Determined.—In the case of a con-
solidated bond issue, comprising bonds authorized by different
ordinances for different purposes, and in the case of a bond
issue authorized by but one ordinance for several related pur-
poses in respect of which several different periods are deter-
mined as aforesaid, the council shall also determine the average
of the different periods so determined, taking into consideration
the amount of bonds to be issued on account of each purpose or
item in respect of which a period is determined.

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

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

(d) Periods of Usefulness.—In determining, for the pur-
pose of this section, the probable period of the usefulness of an
improvement, undertaking or property, the council shall not
deem said period to exceed the following periods for the follow-
ing improvements, undertakings and properties, respectively:

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

(2) Sewer system (either sanitary or storm water), forty
years.
(3) Plants or structures for the treatment, disposal or fil-
tration of sewage, either with or without such additional sewer
lines as may be necessary to divert sewage thereto, forty years.

(4) Gas systems, thirty years.

(5) Electric light and power systems, separate or com-
bined, thirty years.

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

(7) Playgrounds, forty years.

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

9) All other purposes, twenty years.

§ 7.12. Procedure for Sale of Bonds.—All bonds issued
under this charter shall be sold by the city council at public
sale upon sealed proposals after at least ten days’ notice pub-
lished at least once in a publication carrying municipal bond
notices and devoted primarily to financial news or to the sub-
ject of state and municipal bonds, published in the City of New
York, New York, and at least ten days’ notice published in the
City of Alexandria and such other places as the council may
designate.

§ 7.18. Payment of Bonds and Notes.—The faith and
credit of the city and all taxes and revenues paid thereto are
hereby pledged for the payment of the principal of and interest
on all bonds and notes of the city issued pursuant to this char-
ter, except bonds for revenue producing utilities issued pur-
suant to this charter and which bonds are by their terms payable
solely from the revenues derived from such utilities, whether
or not such pledge be stated in the bonds or notes or in the
bond ordinance authorizing their issue.

§ 7.14. Sinking Fund.—There shall be a sinking fund for
the amortization of the outstanding term bonds of the city.
There shall be paid into the sinking fund annually the sum
determined by the director of finance, and by him certified to
the city manager for inclusion in the budget, to be necessary on
actuarial principles to amortize such term bonds at maturity.
The sinking fund may be invested only in bonds or other direct
obligations of the city, the Commonwealth, or the United States.
The sinking fund shall be administered by the city treasurer
and such person or persons as the council may designate.

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

§ 7.16. Contents of Bond Ordinance for Revenue Produc-
ing Utilities.—In addition to the requirements of § 7.06 of this
chapter, the ordinance authorizing the issuance of any bonds for
any revenue producing utility shall state either:

(a) That the bonds shall be payable from the ad valorem
taxes without limitation of rate or amount; the full faith and
credit of the city is deemed to be pledged for the payment of
principal and interest thereof; and the bonds are to be issued
pursuant to the provisions of section one hundred twenty-seven
(b) of the Constitution of Virginia and are not to be included
in determining the power of the city to incur indebtedness
within the limitation prescribed by section one hundred twenty-
seven of the Constitution of Virginia; provided, however, that
from and after a period specified in such ordinance not exceed-
ing five years from the date of the election authorizing the
bonds, whenever and for so long as such revenue producing
utility fails to produce sufficient revenue to pay for the cost of
operation and administration, including the interest on such
bonds, and the cost of insurance against loss by injury to per-
sons or property, and an annual amount to be covered into a
sinking fund sufficient to pay all such bonds outstanding shall
be included in determining the limitation of the power of the
city to incur indebtedness; or

(b) That the principal and interest of such bonds shall be
payable exclusively from the revenue of such revenue producing
utility, the faith and credit of the City of Alexandria shall not
be deemed to be pledged for the payment of such principal and
interest; and the bonds are to be issued pursuant to the provi-
sions of section one hundred and twenty-seven (b) of the Con-
stitution of Virginia and are never to be included in determining
the power of the city to incur indebtedness within the limitation
prescribed by section one hundred twenty-seven of the Constitu-
tion of Virginia.

§ 7.17. Funding of Revenues Derived from Utilities.—The
council shall provide that revenues derived from revenue pro-
ducing utilities shall be maintained separately from the general
fund, with a special fund for each such utility, and monies from
such fund shall not be transferred to the general fund until the
Operating expenses and the amortization of the bonds of such
utility have been provided for.

§ 7.18. Borrowing to Meet Emergency Appropriations.—
In the absence of unappropriated available revenues to meet
emergency appropriations under the provisions of § 5.16 of this
charter, the council may by resolution authorize the issuance of
notes, each of which shall be designated ‘emergency note” and
may be renewed from time to time, but all such notes of any
fiscal year and any renewals thereof shall be paid not later than
the last day of the fiscal year next succeeding the budget year
in which the emergency appropriation was made.

§ 7.19. Borrowing to Pay Judgment.—In the absence of
unappropriated available revenues to pay a final judgment for
money which may be recovered against the city, the council
may by resolution authorize the issuance of a note or notes, the
proceeds of which shall be used to pay such judgment, which
note or notes may be renewed from time to time, but such note
or all such notes of any fiscal year and any renewals thereof,
shall be paid not later than the last day of the fiscal year next
succeeding the budget year in which such judgment was paid.

§ 7.20. Borrowing in Anticipation of Property Taxes.—In
any budget year, in anticipation of the collection of the property
tax for such year, whether levied or to be levied in such year,
the council may by resolution authorize the borrowing of money
by the issuance of negotiable notes of the city, each of which
shall be designated ‘‘tax anticipation note for the year 19...”
(stating the budget year). Such notes may be issued for periods
not exceeding one year and may be renewed from time to time
for periods not exceeding one year, but together with renewals
shall mature and be paid not later than the end of the third
fiscal year after the budget year in which the original notes have
been issued. The amount of the tax anticipation notes originally
issued in any budget year shall not exceed fifty per centum of
the amount of the property tax levied in that year for city pur-
poses. On renewal of tax anticipation notes of any given fiscal
year, the amount renewed in the next succeeding fiscal year shall
not exceed twenty per centum of the amount originally issued,
and the amount renewed in the second fiscal year succeeding the
year of levy shall not exceed four per centum of the amount
originally issued.
§ 7.21. Borrowing in Anticipation of Other Revenues.—
In any budget year, in anticipation of the collection or receipt
of other revenues of that year, the council may by resolution
authorize the borrowing of money by the issuance of negotiable
notes of the city, each of which shall be designated “special
revenue note for the year 19...” (stating the budget year). Such
notes may be renewed from time to time, but all such notes,
together with the renewals, shall mature and be paid not later
than the end of the fiscal year after the budget year in which
the original notes shall have been issued.

§ 7.22. Notes Redeemable Prior to Maturity.—No notes
shall be made payable on demand, but any note may be made
subject to redemption prior to maturity on such notice and at
such time as may be stated in the note.

§ 7.23. Sale of Notes.—All notes issued pursuant to the
provisions of this chapter when authorized by the council, may
be sold at not less than par and accrued interest at private sale
without previous advertisement by the director of finance, with
the approval of the city manager.

§ 7.24. Payment of Notes.—The power and obligation of
the city to pay any and all notes hereafter issued by it pursuant
to the provisions of this chapter shall be unlimited and the city
shall levy ad valorem taxes on all the taxable property within
the city for the payment of such notes and interest thereon with-
out limitation of rate or amount; provided, however, that the
provisions of this section shall not be applicable to notes issued
in anticipation of the issuance of bonds for revenue producing
utilities except within the terms of §§ 7.15 and 7.16 of this
chapter.

CHAP 8
PERSONNEL

§ 8.01. Merit Basis of Appointment.—Appointments and
promotions in the administrative service of the city shall be
made according to merit and fitness. The council shall have all
necessary powers to carry out this purpose. The following
powers are vested in the city manager, who may delegate them
to any officer or department of the city government as he may
decide; provided, however, that, such powers do not extend to
employees of the school board.

(a) To prepare and submit to the council from time to
time rules designed to give effect to the provisions of this
chapter.

(b) To prepare and submit to the council classification
plans covering all positions in the city service.
(c) To advise the council on problems concerning personnel

administration. . .

(d) To make any investigation which he may consider desir-
able concerning personnel management in the city service, and
report to the council his findings, conclusions and recommenda-
tions.

(e) To conduct open competitive examinations for original
appointments and for promotions whenever it seems desirable
to him.

(f) To enter into agreements with other public personnel
departments or agencies for the joint administration of exami-
nations and the joint use of eligible lists.

(g) To prepare and recommend to the council a pay plan
covering all employees in the city service.

(h) To direct and enforce the maintenance by all depart-
ments, boards, commissions, offices and agencies of the city, in-
cluding the municipal courts, of such personnel records and
service ratings of members of the city service as he shall
prescribe. ,

(i) To maintain a roster of all persons in the city service.

(j) To certify all payrolls. No payment for personal
services to any person in the service of the city shall be made
unless the payroll voucher bears the certificate of the city
manager that the persons named therein have been appointed
and employed in accordance with the provisions of this chapter.

(k) To develop and establish training programs for per-
sons in the city service.

(1) Such other powers and duties as may be assigned to him
by ordinance.

§ 8.02. Rules.—Within six months after this charter be-
comes effective, the city manager shall prepare and recommend
to the council such rules as he may consider necessary, appro-
priate or desirable to carry out the provisions of this chapter.
The council may enact these rules by ordinance.

§ 8.03. Classification—The city manager shall prepare
and maintain an up-to-date record of the authority, duties and
responsibilities of each position in the city service. Within one
year after this charter becomes effective, the city manager shall
prepare and present to the council a classification plan covering
all positions in the city service which are filled by appointment
hy the city manager. After the adoption of the classification
plan hy the council, the city manager shall. allocate each position
in the city service to the appropriate class therein on the basis
of its authority, duties, and responsibilities.

§ 8.04. Pay plan.—Within one year after the effective
date of this charter the city manager shall prepare and submit
to the council a standard schedule of pay for each position in
the city service and such plan shall take effect when adopted by
the council or on the thirtieth day after it is submitted if prior
thereto the council has not disapproved it by resolution. Amend-
ments in the pay plan may be adopted by the council from time
to time; provided, however, that in increasing or decreasing
items in the city budget, the council shall not increase or
decrease any individual salary items in the city budget, but
shall act solely with respect to classes of positions as established
in the classification and pay plan. In no event shall the council
reduce the salary of a class below the minimum or raise it above
the maximum salary established by the pay plan except by
amendment of the pay plan.

§ 8.05. Removals.—No employee in the service of the city
appointed by the city manager shall be removed from the
service except for due cause shown in a written statement to
such employee made by the city manager. The decision of the
city manager in all removals shall be final, except that removal
of police and firemen shall be governed as provided by appro-
priate trial board action.

§ 8.06. Pension and Retirement System.—The council
shall have authority to establish a pension and retirement sys-
tem for any or all groups of officers and employees except elec-
tive officers in the service of the city. Any such pension and
retirement system shall be established on a jointly contributory
basis, except as to prior service, charges for which may be
borne entirely by the city. The cost of the system shall be
determined actuarially on the hasis of such mortality and service
tables as the council shall approve. Any officer or employee of
the city at the time of the establishment of such system shall
have a reasonable time thereafter to elect the privilege of
becoming a member of the system so established. Officers and
employees thereafter appointed to any position which has been
included in a retirement system by the council shall be required
to join the system as a condition of employment. Nothing in
this section shall be construed to prevent the council from mak-
ing appropriations for pensions for or relief of persons retired
from the service of the city prior to the establishment of the
retirement system authorized herein. If the council shall deem
it inadvisable to establish an independent retirement system for
the city of Alexandria, it may make arrangements for group
insurance for employees or it may affiliate its retirement system
with that of the Commonwealth, if permissible under general
law, or with that of any other local government in the Com-
monwealth. Any pension and retirement system established
under this section shall be administered as provided by ordi-
nance. The benefits accrued or accruing to any person under
such system shall not be subject to execution, levy, attachment,
garnishment or any other process whatsoever nor shall any
assignment of such benefits be enforceable in any court.

§ 8.07. Prohibited Practices.—No person shall wilfully or
corruptly make any false statement, certificate, mark, rating or
report in regard to any test held or certification or appointment
made under the personnel provisions of this charter or any
crdinance adopted hereunder or in any manner commit or
attempt to commit any fraud preventing the impartial execution
of such personnel provisions or of the rules made thereunder.
No person seeking appointment to or promotion in the service
of the city shall either directly or indirectly give, render or pay
any money, service or other valuable thing to any person for or
on account of or in connection with his test, appointment, pro-
posed appointment, promotion or proposed promotion. The soli-
citing of campaign contributions in any city office, building or
premises during regular working hours is hereby prohibited.
Any person who by himself or with others wilfully or corruptly
violates any of the provisions of this subsection shall be guilty
of a misdemeanor and shall upon conviction thereof be punished
by a fine of not more than one hundred dollars or by imprison-
ment for a term not exceeding sixty days or by both such fine
and imprisonment. Any person who is convicted under this
section shall for a period of five years be ineligible for appoint-
ment to or employment in a position in the city service and
shall, if he be an officer or employee of this city, immediately
forfeit the office or position he holds.

§ 8.08. Trial board.—The council may create a Trial board
to be known as the Trial board of the city of Alexandria. The
board shall be composed of five members, residents of the city,
to be selected by the council. One of the members of such board
shall be an attorney at law who is a member of the Alexandria
Bar Association and actually engaged in the practice of law in
the city; one of the members shall be a practicing physician;
one of the members shall be a clergyman having a congregation
within the city; the other two members shall be taxpayers but
they shall hold no public position or be employed in any public
capacity in the city. The members of the board shall serve with-
out compensation. The members of the board shall be elected
by the council for a term of one year and thereafter shall be
annually elected by such council. Vacancies may be filled by the
council for the unexpired term.

It shall be the duty of the board to investigate, hear and
determine any and all charges presented from any source what-
soever against police, firemen, or other city employees, provided
that a request for a hearing shall be made in writing within
ten days by the person or persons desiring the same. The hear-
ing shall be held at a place, time, and date to be designated by
the board and shall be open to the public. In all such cases, the
city attorney shall act as prosecuting officer before the board
and the defendant shall have the right to employ counsel of his
own choosing, if he so desires, or to represent himself. The
board shall not be bound by the rules of evidence prevailing in
the courts of this Commonwealth.

The legal member of the board shall be its chairman to
preside at all hearings and to conduct the same in an orderly,
legal and impartial manner. The decision of the board shall be
in writing and no appeal shall lie therefrom.

CHAP 9
PLANNING, ZONING, AND SUBDIVISION CONTROL

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

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

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

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

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

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

§ 9.02. The City Planning Commission; Composition.—
There shall be a city planning commission which shall consist of
seven members. One member shall be a member of the council
who shall be appointed by the council for a term coincident with
his term in the council, one member shall be a member of the
board of zoning appeals appointed by the board of zoning
appeals for a term coincident with his term on such board; one
member shall be the city manager or an officer or employee of
the city designated from time to time by him; four citizen mem-
bers shall be qualified voters of the city who hold no office of
profit under the city government, appointed by the council for
terms of four years; provided that the citizen members of the
city planning commission previously appointed by the mayor
and in office at the effective date of this charter shall continue
to serve as members of the commission for the terms for which
they were appointed, and provided further, that upon the effec-
tive date of this charter or. as soon thereafter as practicable
one new citizen member shall be appointed for a term ending
February 1, 1951, and provided further, that thereafter of the
citizen members first appointed by the council two shall be ap-
pointed for two years and two for four years from the first
day of February 1951. Vacancies shall be filled by the authority
making the appointment, for the unexpired portion of the term.
Members of the city planning commission shall serve as such
without compensation, but may receive reimbursement for travel
and expenses incurred by attendance at conventions, meetings,
and such other travel as they may perform in the interest of the
City of Alexandria in the performance of the duties and ac-
tivities of the Planning Commission.

§ 9.08. City Planning Commission; Organization and Ex-
penditures.—The commission shall elect a chairman and vice-
chairman from among the citizen members appointed by the
council, for a term of one year, who shall be eligible for re-
election, and appoint a secretary. The commission shall hold at
least one regular meeting in each month, shall adopt rules for
the transaction of its business, and shall keep a record of its
resolutions, transactions, findings and determinations, which
record shall be a public record. The commission shall appoint
a director of planning and such additional employees as.it may
deem necessary for its work and may contract with city plan-
ners, engineers, architects and other consultants for service it
may require. All expenditures, exclusive of gifts to the com-
mission, shall not exceed the sums appropriated by the city
council therefor.

§ 9.04. Duty to Adopt Master Plan.—It shall be the duty
of the commission to make and adopt a master plan which with
accompanying maps, plats, charts, and descriptive matter shall
show the commission’s recommendations for the development
of the territory covered by the plan.
§ 9.05. Adoption of Master Plan by Commission.—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 geographical or topographical division of the city or with
functional subdivisions of the subject matter of the plan, and
may adopt any amendment or extension thereof or addition
thereto, and from time to time at intervals not exceeding five
years prepare and submit to the council such changes in or re-
visions of said plan as changing conditions may make neces-
sary. The adoption of the plan or any such part, amendment,
extension or addition shall be by resolution of the commission
carried by the affirmative vote of not less than a majority of
the entire membership 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.

§ 9.06. Effect of Adoption of Master Plan.—Whenever the
commission shall have adopted a master plan for the city or one
or more parts thereof, geographical, topographical or func-
tional, and the master plan or such part or parts thereof shall
have been approved by the council and it has been certified by
the council to the clerk of the corporation court and filed by him
with the court records, then and thereafter no street square,
park or other public way, ground, open space, 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 sub-
mitted to and approved by the commission. No widening, exten-
sion, narrowing, enlargement, vacation or change in the use of
streets and other public ways, grounds and places within the
city, nor any acquisition by the city of any land within or with-
out the city for public purposes nor the sale of any land held
by the city shall be authorized or take place unless such trans-
actions shall have been first submitted to and approved by the
commission; and no public utility, whether publicly or privately
owned, shall be constructed or authorized in the city or in the
planned section or division thereof until and unless its general
location, but not its character and extent, has been submitted
to and approved by the commission; and no ordinance giving
effect to or amending the comprehensive zoning plan as pro-
vided in § 9.10 of this chapter shall be adopted until it has been
submitted to and approved by the commission. In case of dis-
approval in any of the instances enumerated above the commis-
sion shall communicate its reasons to the council which shall not
have the power to overrule such action except by a recorded
affirmative vote of three-fourths of the members of council. The
failure of the commission to act within sixty days from the
date of the official submission to it shall be deemed approval.
The foregoing provisions of this section shall not be deemed to
apply to the pavement, repavement, reconstruction, improve-
ment, underground pipes and conduits, drainage, or other work
in or upon any existing street or other existing public way.

§ 9.07. Capital Budget.—It shall be the duty of the com-
mission to prepare and revise annually a program of capital im-
provement projects for the ensuing five years and it shall sub-
mit 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
undertaken 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. In the preparation of its capital budget
recommendations the commission shall consult with the city
manager, and with the school board, and may consult with the
heads of departments and interested citizens and organizations
and may hold such public hearings as it may deem necessary.
Nothing in this section shall relieve the city school board of the
responsibility of making the final choice of the specific (as dis-
tinguished from general) site of a school building.

§ 9.08. Further Powers and Duties of the Commission.—
The commission shall have the power to promote public interest
in and understanding of the plan and to that end may publish
and distribute copies of the plan or any report relating thereto,
and may employ such other means of publicity and education as
it may determine. All public officials shall upon request furnish
to the commission within a reasonable time such available in-
formation as it may require for its work. The commission, its
members, officers and employees in the performance of their
duties may enter upon any land in the city and make examina-
tions and surveys and place and maintain necessary monuments
and markers thereon. In general the commission shall have such
powers as may be necessary to enable it to fulfill its function,
promote planning and carry out the purposes of this charter.
The commission shall make an annual report to the council con-
cerning its activities.

§ 9.09. Zoning Powers.—In addition to the powers granted
elsewhere in this charter the council shall have the power to
adopt by ordinance a comprehensive zoning plan designed to
lessen congestion in streets, secure safety from fire, panic and
other danger, promote health, sanitation and general welfare,
provide adequate light and air, prevent the overcrowding of
land, avoid undue concentration of population, facilitate public
and private transportation and the supplying of public utility
services and sewage disposal, and facilitate provision for schools,
parks, playgrounds and other public improvements and require-
ments. The comprehensive zoning plan shall include the division
of the city into zones with such boundaries as the council deems
necessary to carry out the purposes of this chapter and shall
provide for the regulation and restriction of the use of land,
buildings and structures in the respective zones and may include
but shall not be limited to the following:

(a) It may permit specified uses of land, buildings and
structures in the zones and prohibit all other uses.

(b) It may restrict the height, area and bulk of buildings
and structures in the zones.

(c) It may establish setback building lines and prescribe
the area of land that may be used as front, rear and side yards
and courts and open spaces.

(d) It may restrict the portion of the area of lots that may
be occupied by buildings and structures.

(e) It may prescribe the area of lots and the space in
buildings that may be occupied by families.

It may require that spaces and facilities deemed ade-
quate by the council shall be provided on lots for parking ve-
hicles in conjunction with permitted uses of land and that
spaces and facilities deemed adequate by the council shall be
provided on lots for off-street loading or unloading of vehicles.

(g) It may provide that land, buildings and structures and
the uses thereof which do not conform to the regulations and
restrictions prescribed for the zone in which they are situated
may be continued so long as the then existing or more restricted
use continues and so long as the buildings or structures are
maintained in their then structural condition; and may require
that such buildings or structures and the use thereof shall con-
form to the regulations and restrictions prescribed for the zone
or zones in which they are situated whenever they are enlarged,
extended, reconstructed or structurally altered; and may require
that such buildings or structures and the use thereof shall con-
form to the regulations and restrictions prescribed for the zone
or zones in which they are situated, in any event within a rea-
sonable period of time to be specified in the ordinance.

(h) It may require that permits be granted for special
uses of property within a zone.

§ 9.10. Considerations To Be Observed in Adoption and
Alteration of Regulations.—The regulations and restrictions
shall be enacted with reasonable consideration, among other
things, of the character of each zone and its peculiar suitability
for particular uses, and with a view of conserving the value of
land, buildings, and structures and encouraging the most ap-
propriate use thereof throughout the city. No change in zone
boundaries shall be made so as to include less than the entire
area fronting on the same street in one block, but such change
need not include such portions of corner lots as may be within
one hundred feet of the street line of the intersecting streets
which bound the block, and in blocks where the frontage on the
same street is seven hundred fifty feet or more the change need
not include more than five hundred continuous feet therof.
Changes involving lesser areas than the above may be made when
the change consists of the inclusion of the balance of the front-
age on the same street in any one block in the same zone in
which the major portion of such frontage is already included.

§ 9.11. Duties of the City Planning Commission with Re-
lation to Zoning.—It shall be the duty of the city planning com-
mission to prepare and submit to the council a comprehensive
zoning plan as referred to in § 9.10 of this chapter and from
time to time at intervals not exceeding two years prepare and
submit such changes in or revisions of the said plan as chang-
ing conditions may make necessary.

§ 9.12. Adoption and Amendment of Regulations and Re-
strictions and Determination of Zone Boundaries.—Subject to
the other provisions of this chapter the council shall have power
by ordinance to adopt the regulations and restrictions herein-
before described and determine the boundaries of the zones in
which they shall apply, provide for their enforcement, and from
time to time amend, supplement or repeal the same. The council
shall also have authority to provide for the collection of fees to
cover costs involved in the consideration of any application for
amendment, supplement or repeal of any such regulation, re-
striction or determination of boundaries, to be paid to the city
treasurer by the applicant upon filing such request. No ordi-
nance to adopt such regulations and restrictions shall be enacted
until the application or motion for such change has been re-
ferred to the city planning commission and until after a public
hearing in relation thereto and has been approved or rejected
by it, subject to overrule by the council, as provided in § 9.06
of this chapter, and until after a public hearing in relation
thereto has been held by the council, provided that such public
hearings shall not be held more frequently than once every three
months, at which time the parties in interest shall have oppor-
tunity to be heard; provided, however, that more frequent re-
zoning ordinances may be enacted under the emergency ordi-
nance provision of this charter. At least fifteen days’ notice of
the time and place of any such hearing before the council shall
be given by publication thereof in a daily newspaper of general
circulation published in the city.

§ 9.18. Effect of Protest by Twenty Per Cent of the Own-
ers of Property.—If a protest is filed with the city clerk against
such amendment, supplement or repeal as stated in § 9.12, signed
by the owners of twenty per cent or more of the total area of the
lots included in such proposed change or of the total area of the
lots outside of the proposed change any point in which is within
two hundred feet of any point on the boundary of such area,
the council shall not adopt the ordinance making such amend-
ment, supplement or repeal, by less than three-fourths affirma-
tive votes of the members of council.

§ 9.14. Board of Zoning Appeals; Composition.—There
shall be a board of zoning appeals which shall consist of five
members. They shall be qualified voters of the city, shall hold no
office of profit under the city government and shall be appointed
by the city council for terms of four years; provided that the
members of the board of zoning appeals in office at the effective
date of this charter shall continue to hold office until the first
day of February following the expiration of the terms for which
they were appointed; and provided further, that the city council
shall appoint two members to serve for two years and three
members to serve for four years from said date. Thereafter
their successors shall be appointed for full terms of four years.
Vacancies shall be filled by the city council 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 board of zoning ap-
peals shall serve without compensation, but may receive reim-
bursement for travel and expenses incurred by attendance at
conventions, meetings and such other travel as may be in the
interest of the city and the performance of the duties and activi-
ties of the Board of Zoning Appeals.

§ 9.15. Board of Zoning Appeals; Organization. — The
board shall elect one of its members as chairman. The chairman
shall preside at all meetings of the board and in his absence a
member designated by the board shall act as chairman and shall
preside. The board shall appoint a secretary and such other
employees as may be needed for the conduct of the work of the

ard.

§ 9.16. Board of Zoning Appeals; Procedure.—The meet-
ings of the board shall be held at the call of the chairman and
such other time as the board may determine. The board shall
keep minutes of its proceedings showing the vote of each mem-
ber on each question or if absent or failing to vote indicating
such fact, and shall keep records of its examinations and other
Official actions, all of which shall be filed in the office of the
board and shall be a public record.

§ 9.17. Appeals to Board of Zoning Appeals.—Appeals to
the board may be taken by any person aggrieved, or by any
officer, department, board, commission or agency of the city
affected, by any decision of the director of planning, who shall
enforce the ordinance establishing zones and regulating and
restricting the use of land, buildings and structures therein.
Appeals shall be taken within such reasonable time as shall be
prescribed by the board by general rule by filing with the said
director of planning and with the board a notice of appeal spec-
ifying the grounds thereof. The director of planning shall
forthwith transmit to the board all the papers constituting the
record upon which the action appealed from was taken. An
appeal stays all proceedings in furtherance of the action ap-
pealed from unless the director of planning from whose decision
the appeal is taken certifies to the board that by reason of the
facts stated in the certificate a stay would in his opinion cause
imminent peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order which
may be granted by the board or by a court of record on applica-
tion and on notice to the director of planning and on due cause
shown.

The board shall fix a reasonable time for the hearing of
the appeal, give public notice thereof as well as due notice to
the parties in interest, and decide the issue within a reasonable
time. At the hearing any party may appear in person, by agent
or by attorney and shall be given opportunity to be heard. The
board may prescribe a fee to be paid whenever an appeal is
taken which fee shall be paid into the city treasury.

§ 9.18. Powers of Board of Zoning Appeals.—The board
shall have the following powers and it shall be its duty:

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

To grant variations in the regulations when a prop-
‘erty owner can show that his property was acquired in good
faith and where by reason of the exceptional narrowness, shal-
lowness or shape of a specific piece of property at the time of
the effective date of the ordinance or where by reason of the
exceptional topographical conditions or other extraordinary or
exceptional situation the strict application of the terms of the
ordinance actually prohibit or unreasonably restrict the use of
the property, or where the board is satisfied, upon the evidence
heard by it, that the granting of such variation will alleviate a
clearly demonstrable hardship approaching confiscation as dis-
tinguished from a special privilege or convenience sought by
the owner; provided, however, that all variations granted shall
be in harmony with the intended spirit and purpose of this
chapter and the ordinance.

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

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

(1) Use of land or erection or use of a building or struc-
ture by a public service corporation for public utility purposes
exclusively which the board finds to be reasonably necessary
for the public convenience and welfare.

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

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

§ 9.19. Form and Scope of Decisions by Board of Zoning
Appeals.—In exercising the powers conferred upon it the board
may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from,
and make such order, requirement, decision, or determination
as should be made, and to that end shall have all the power of
the director of planning. The concurring affirmative vote of
three members of the board shall be necessary to reverse any
order, requirement, decision or determination appealed from,
and make such order, requirement, decision or determination
as should be made, and to that end shall have all the powers
of the director of planning. The concurring affirmative vote
of three members of the board shall be necessary to reverse any
order, requirement, and decision or determination of the director
of planning or to decide in favor of the applicant in any matter
of which it has jurisdiction. The board shall act by formal reso-
lution which shall set forth the reason for its decision and the
vote of each member participating therein shall be spread upon
its records and shall be open to public inspection. The board
may, upon the affirmative vote of three members, reconsider
any decision made and, upon such reconsideration, render a
decision by formal resolution.

§ 9.20. Appeals from Board of Zoning Appeals.—Any
person, firm or corporation, jointly or severally aggrieved or in
fact affected by a decision of the board of zoning appeals, or
any officer, department, board or agency of the city government
charged with the enforcement of any order, requirement or deci-
sion of said board, may appeal from such decision by filing a
petition in the corporation court of the city, verified by affidavit,
setting forth the alleged illegality of the action of the board
and the grounds thereof. The petition shall be filed within thirty
days from the date of the decision of the board.

§ 9.21. Powers and Duties of the Court.—The corporation
court shall review the record, documents and actions taken by
the board and may receive evidence. The court may reverse or
modify the decision reviewed, in whole or in part, when it is
satisfied that the decision of the board is contrary to law or that
its decision is arbitrary and constitutes an abuse of discretion.

§ 9.22. Proceedings Against Violators of Zoning Ordi-
nance.—Whenever any building or structure is erected, con-
structed, reconstructed, altered, repaired or converted, or when-
ever any land, building or structure is used in violation of any
ordinance adopted in accordance with § 9.12 of this’ chapter,
the city may institute and prosecute appropriate action or pro-
ceedings to prevent such unlawful act and to restrain, correct
or abate such violation or to prevent any unlawful act, conduct
or use of such property.

§ Penalties for Violation of Zoning Ordinance.—The
council may in the zoning ordinance provide that fines and jail
sentences, either or both, shall be imposed for violations of the
ordinance by owners of land, buildings or structures, their
agents having possession or control of such property, lessees,
tenants, architects, builders, contractors or any other persons,

or corporations who take part in or assist in any such
violations or who maintain any land, building or structure in
which such violations exist.

§ 9.24. Land Subdivisions.—In order to provide for the
orderly subdivision of land within the city and within three
miles of the corporate limits thereof there is hereby conferred
upon the city and the counties in which the area outside the city
but within three miles thereof is included, the power to adopt
regulations and restrictions relative to the subdivision of land
in the manner hereinafter provided. Such regulations and re-
strictions may prescribe standards and requirements for the
subdivision of land which may include but shall not be limited
to the following: location, size and layout of lots so as to prevent
congestion of population and to provide for light and air; the
width, grade, location, alignment and arrangement of streets
and sidewalks with relation to other existing streets, planned
streets and the master plan; access for fire fighting apparatus;
adequate open spaces; adequate and convenient facilities for
vehicular parking; easements for public utilities; suitable sites
for schools, parks and playgrounds; planting of shade trees
and shrubs; naming and designation of streets and other public
places; laying out, constructing and improving streets, alleys
and sidewalks and the installation of storm and sanitary sewers
or any other utilities owned by the city and apportioning the
cost thereof; and the guarantee of payment by the developer of
his proportionate share of such cost; procedure for making vari-
ations in such regulations and restrictions; requirements for
plats of subdivisions and their size, scale, contents and other
matters; for the erection of monuments of specified type for
making and establishing property, street, alley, and other lines
and provide penalties for the unauthorized removal of such
monuments.

§ 9.25. Hearings on Subdivision Ordinance.—The council
shall not adopt or amend any ordinance establishing such regu-
lations and restrictions until notice of intention so to do
been published in a daily newspaper of general circulation in
the city. The notice shall specify the time, not less than ten
days after final publication, and the place at which persons
affected may appear before the council and present their views.

§ 9.26. Adoption of Regulations and Restrictions Applica-
ble Only Within the City Limits——After hearing as above pro-
vided the council may adopt by ordinance any such regulations
and restrictions applicable within the limits of the city which
when recorded in the office of the clerk of the circuit court and
the corporation court shall be in full force and effect.
§ 9.27. Approval of Plats of Subdivisions. — From and
after the date on which such regulations and restrictions become
effective in the city the owners of tracts of land within
the city to which such regulations and restrictions are ap-
plicable, who subdivide them into two or more lots, shall cause
plats of such subdivisions, in the form prescribed by the applica-
ble regulations and restrictions, to be made and submitted to the
city planning commission. It shall be the duty of such commis-
sion to consider such plat in the light of the regulations and
restrictions applicable to the same and approve or disapprove
the plat in accordance therewith. Before taking any action there-
on the city planning commission shall afford the owner and other
interested parties an opportunity to be heard after such reason-
able notice as may be provided in such regulations and restric-
tions. Failure to act on any plat for a period of forty-five days
shall be deemed to constitute approval unless a petition in a
proper court has been filed as hereinafter provided in this sec-
tion. Approval shall be attested on the plat by the signature of
the chairman or vice-chairman of the city planning commission.

§ 9.28. Recording of Plats of Subdivisions.—From and
after the date on which such regulations and restrictions become
effective in the city no plat of any subdivision to which such
regulations and restriction are applicable shall be received or
recorded by the clerk of any court unless the plat has been ap-
proved as provided in the preceding section. No owner of land
in the city who has subdivided the same into two or more
lots, shall sell or offer for sale any such lot by reference to
or exhibition of or by the use of a plat of such subdivision or
otherwise before the plat of such subdivision has been approved
as provided in the preceding section and has been recorded in the
office of the clerk of the court in which a deed conveying such
lot would be required to be recorded.

§ 9.29. Penalty for Transfer of Lots in Unapproved Sub-
divisions.—Whoever being the owner or agent of the owner of
any land in a subdivision subject to such regulations and re-
strictions, the plat of which has not been approved and recorded
as above provided, shall transfer, sell or offer for sale or agree to
sell any lot in such subdivision by reference to or exhibition of
an unapproved and unrecorded plat or otherwise, shall be punish-
able by fine not exceeding three hundred dollars or imprisonment
in the city jail for not more than 90 days or both, for each lot or
similar parcel of land transferred or agreed or negotiated to be
sold; and the description of such lot or parcel by metes and
bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the trans-
action from such penalty or from the remedies herein provided.
The city may enjoin such transfer or sale or agreement in a
court having jurisdiction of the land to which the injunction
applies.

§ 9.30. Transfer of Portion for Public Use.—The recording
of the plat shall operate to transfer in fee simple to the city
such portion thereof as is on the plat set apart for streets,
alleys, easements or other public use or purpose and to create a
public right of passage over or use of the same.

§ 9.31. Vacation of Plats—Any plat or part thereof re-
corded may be vacated in accordance with the provisions of
§§ 15-792 and 15-793 of the Code of 1950.

§ 9.32. Present Master Plan and Comprehensive Zoning
Plan.—The master plan and the comprehensive zoning plan as
heretofore adopted, approved and filed, with all amendments,
additions and extensions thereto, in force and effect at the ef-
fective date of this charter, are hereby validated and confirmed
as if the same had been prepared, adopted, approved and filed in
accordance with the provisions of this chapter. Every amend-
ment or addition thereto or extension thereof and every other
master plan or comprehensive zoning ordinance henceforth
adopted shall be in accordance with the provisions of this chap-
ter. Where existing ordinances are at variance with the pro-
visions of this chapter they shall be deemed to be amended in
accordance with the provisions of this chapter. :

CHAP 10
ELECTIONS

§ 10.01. Election of Councilmen.—On the second Tuesday
in June 1952 and on the second Tuesday in June in every third
year thereafter there shall be held a general city election at
which shall be elected by the qualified voters of the city at large,
seven members of the council for terms of three years from the
first day of July following their election.

§ 10.02. Nomination of Candidates for Council.—There
shall be printed on the ballots used in the election of council-
men the names of all candidates who have been nominated
by petition and the filing of a notice of candidacy as pro-
vided herein and no others. The names of the candidates shall
appear on the ballot in the order of their filing. Any qualified
voter of the city may be nominated by filing, not less than sixty
days before such election, with the clerk of the corporation court
of the City of Alexandria a petition signed by not less than fifty
qualified voters of the city, each signature to which has been wit-
nessed by a person whose affidavit to that effect is attached
thereto, together with the notice of candidacy required by the
general laws of the Commonwealth relating to elections. The
said petition shall state the name and street address of the resi-
dence of the person whose name is presented thereby as a candi-
date, and the street address of the residence of each person sign-
ing the same.

§ 10.03. Conduct of General Municipal Election.—The bal-
lots used in the election of councilmen shall be without any dis-
tinguishing mark or symbol. Each qualified voter shall be en-
titled to cast one vote for each of as many as seven persons and
no more. In counting the vote any ballot found to have been
voted for more than seven persons shall be void but no ballot
shall be void for having been voted for a less number. The seven
candidates receiving the highest number of votes cast in such
election shall be declared elected. The general laws of the Com-
monwealth relating to the conduct of elections, so far as perti-
nent, shall apply to the conduct of the general municipal election.

§ 10.04. Filling of Council Vacancies.—Any vacancy in the
membership of the council, from whatever cause, which shall
occur on or before six months prior to the expiration of the term
shall be filled by popular election. In the event of such vacancy,
the council shall by resolution certify that such vacancy exists
to the corporation court of the City of Alexandria or the judge
thereof in vacation, and said court or judge thereof in vacation
shall order a special election to be held to fill such vacancy for
the unexpired term not less than forty nor more than sixty days
after the filing of such resolution. Nominations for such election
shall be made in the manner prescribed in § 10.02 of this chap-
ter, provided, however, that the nomination petition may be filed
not less than thirty days before said election. The ballots used
in such special election shall be without any distinguishing mark
or symbol. The election shall be conducted and the results there-
of ascertained in the manner provided by law for the conduct of
general elections and by the regular election officials of the city.
Vacancies in the council occurring within six months of the
regular council election shall not be filled, and a majority of those
members of the council still remaining in office shall constitute a
quorum and shall have authority to exercise the powers of the
city, anything in this charter to the contrary notwithstanding.

§ 10.05. If either, or both, the city attorney or city col-
lector shall be elected as provided by §§ 11.01(e) and 14.03, then
either or both shall be nominated in the same manner as coun-
cilmanic nominations as is provided by section 10.02, and the bal-
lots used in his or their election shall be without any distinguish-
ing mark.
§ 11.01. City Attorney.

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

(b) A special election shall be held on the 7th day of
November, nineteen hundred fifty, at which election the elector-
ate of the City who are qualified to vote at the regular election
held on the Tuesday after the first Monday in November, nine-
teen hundred fifty shall determine whether the City Attorney
shall be appointed by the Council. It shall be the duty of the
regular election officers of the City to prepare and have printed
and distributed for use at said election in the manner pre-
scribed by law for printing and distributing ballots, the re-
quisite number of ballots for the submission of said question.
Such election shall be held and conducted in the manner pre-
scribed by law for other elections, provided, however, that the
ballots for use at such election shall be printed to read as
follows:

Shall the City Attorney be appointed by the Council?

LL] For

[] Against
The square shall be printed and the voting shall be as is pro-
vided by § 24-141 of the Code of Virginia.

(c) If a majority of the electors voting on the question
shall vote for appointment of the city attorney by the council
then the city attorney shall be appointed by the council to serve
at the pleasure of the council.

(d) If a majority of the electors voting on the question
shall vote against appointment of the city attorney by the coun-
cil then at the regular municipal election to be held in said City
on the second Tuesday in June, 1952, and every three years
thereafter, there shall be elected a city attorney for terms of
three years beginning on the first day of September next suc-
ceeding his election and in case of vacancy hereafter occurring
in the office of city attorney it shall be the duty of the council
to certify the same to the judge of the corporation court, who
shall issue his writ for an election to fill such vacancy in the
manner prescribed by the general election laws of this state.

(e) If it is determined that the city attorney shall be elected
by the people the entire compensation of the city attorney shall
be fixed by the council on a salary basis; provided, that the
salary shall not be less than three thousand dollars per annum.
§ 11.02. City Attorney, Powers and Duties.—The city
attorney shall:

(a) Be the legal adviser of the council, the city manager,
and all departments, boards, commissions and agencies of the
city in all matters affecting the interest of the city and shall upon
request furnish a written opinion on any question of law involv-
ing their respective official powers and duties.

(b) At the request of the city manager or any member of
the council, prepare ordinances for introduction and, at the re-
quest of the council or any member thereof, examine any ordin-
ance after introduction and render his opinion as to the form
and legality thereof;

(c) Draw or approve all bonds, deeds, leases, contracts or
other instruments to which the city is a party or in which it has
an interest.

(d) Represent the city as counsel in any civil case in which
it is interested and in criminal cases in which the constitution-
ality or validity of any ordinance is brought in issue or in which
the city is a party. |

(e) Institute and prosecute all legal proceedings he shall
deem necessary or proper to protect the interests of the city.

(f) Attend in person or assign one of his assistants to
attend all meetings of the council.

(g) Appoint and remove such assistant city attorneys and
other employees as shall be authorized by the council, subject
to the provisions of Chapter 8 of this charter, and authorize the
assistant city attorneys or any of them or special counsel to
perform any of the duties imposed upon him in this charter.

(h) Have such other powers and duties as may be assigned
to him by ordinance.

§ 11.03. Restrictions on Actions for Damages Against

(a) Whenever in any action, suit or proceeding against the
city any person, firm or corporation may be liable or responsible
with the city, such person, firm or corporation shall, upon mo-
tion of the city, be joined as defendant with the city, and when-
ever there is a judgment, order or decree rendered against or
affecting the city and any person, firm, or corporation is so
joined, the court shall determine which of the defendants is
primarily liable or responsible. If it shall be ascertained by
the judgment of the court that some person, firm, or corpora-
tion other than the city is primarily liable, there shall be a stay
of execution against the city until execution against such per-
son, firm or corporation shall have been returned without realiz-
ing the full amount of said judgment. If the city, where not
primarily liable, shall pay the said judgment in whole or in
part, the plaintiff shall, to the extent that said judgment is paid
by the city, assign the said judgment to the city without re-
course on the plaintiff, and the city shall be entitled to have execu-
tion issued for its benefit against the other defendant or de-
fendants who have been ascertained to be primarily liable, or
may institute any suit in equity to enforce the said judgment,
or an action at law, or scire facias to revive or enforce said
judgment.

(b) No action shall be maintained against the city for in-
jury to any person or property or for wrongful death alleged to
have been sustained by reason of the negligence of the city or
of any officer, employee or agent thereof, unless a written
statement by the claimant, his agent, attorney or representa-
tive, of the nature of the claim and of the time and place at
which the injury is alleged to have occurred or been received
shall have been filed with the city attorney within sixty days
after such cause of action shall have accrued, except that when
the claimant is an infant or non compos mentis, or the injured
person dies within sixty days, such statement may be filed
within one hundred and twenty days. Neither the city attorney
nor any other officer, employee or agent of the city shall have
authority to waive the foregoing conditions precedent or any
of them.

CHAP 12
COURTS

§ 12.01. Filling of Vacancy on Civil and Police Courts.—
In case of a vacancy arising in the office of the judge of the civil
and police justice’s court, it shall be the duty of the council to
certify such vacancy to the judge of the corporation court, who
shall issue his writ for an election to fill the vacancy in the
manner prescribed by the general election laws of the state.

§ 12.02. Juvenile and Domestic Relations Court; Judge.—
The judge of the juvenile and domestic relations court shall be
a person who has practiced law for at least two years prior to
his election. He shall hold no other public office during his in-
cumbency. The council shall fix the salary of the said judge;
provided, however, that said salary shall not be diminished dur-
ing the term of office to which said judge shall have been elected.
The person who shall be incumbent as judge of the juvenile and
domestic relations court at the effective date of this charter shall
serve for the remainder of the term for which he shall have
been elected or until his successor shall have been elected and
qualified. Thereafter said judge shall be elected at the general
election held in November, 1953, and shall take office on the Ist
day of January, 1954, for a term of 4 years or until his suc-
cessor has been elected and has qualified.
§ 12.08. Substitute Judge for the Juvenile and Domestic
Relations Court.—The substitute judge of the juvenile and
domestic relations court shall be appointed by the judge of the
corporation court. In the event of the disability of the judge of
the juvenile and domestic relations court to perform the duties
of his office by sickness, absence or otherwise, or of the im-
propriety of his acting, the substitute judge shall perform the
duties and possess the powers of the regular judge during such
period, and in the event of the resignation, death, removal, or
permanent disability of the regular judge, the substitute judge
shall act until a successor has been elected and has qualified.
The substitute judge shall receive for his services such com-
pensation as the council shall determine.

§ 12.04. Jurisdiction of the Juvenile and Domestic Rela-
tions Court.—The judge of the juvenile and domestic relations
court shall have, within the corporate limits, and without same
as far as authorized by general law, the jurisdiction, powers
and duties conferred or imposed by general law upon judges of
juvenile and domestic relations courts.

§ 12.05. Clerk and Other Employees of the Juvenile and
Domestic Relations Court; Powers and Duties.—The judge of
the juvenile and domestic relations court shall have power to
appoint a clerk, a bailiff, probation officers, and other employees
for the proper conduct of the court, who shall hold office during
the pleasure of the judge, and who shall have the powers and
duties conferred or imposed by the general law, and in addition
thereto, when such pertains or is incidental to the business of
the court and when so authorized by the judge, the clerk and
any deputy clerk may issue warants and all other process, may
recognize witnesses or other persons for appearance, and shall
likewise have the powers of a justice of the peace.

CHAP 138
ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES

§ 13.01. Acquisition, Ownership and Use of Property—
The city shall have, for the purpose of carrying out any of its
powers and duties, power to acquire by gift, bequest, purchase
or lease, and to own and make use of within and without the
city lands, buildings, other structures and personal property,
including any interest, right, easement or estate therein, and
in acquiring such property to exercise, within and without the
city, the right of eminent domain, as hereinafter provided in
this chapter.

§ 13.02. Eminent Domain.—The city is hereby authorized
to acquire by condemnation proceedings lands, buildings, struc-
tures and personal property or any interest, right, easement or
estate therein of any person or corporation, whenever in the
opinion of the council a public necessity exists therefor, which
shall be expressed in the resolution or ordinance directing such
acquisition, and whenever the city cannot agree on terms
of purchase or settlement with the owners of the subject of
such acquisition because of the incapacity of such owner, or
because of the inability to agree on the compensation to be paid
or other terms of settlement or purchase, or because the owner
or some one of the owners is a nonresident of the state or can-
not with reasonable diligence be found in the state or is unknown.

Such proceedings may be instituted in the corporation court
of the City of Alexandria or the circuit court of the city, if the
subject to be acquired is located within the city, or, if it is not
located within the city, in the circuit court of the county in which
it is located. If the subject is situated partly within the city
and partly within any county the circuit court of such county
shall have concurrent jurisdiction in such condemnation proceed-
ings with the courts of the city hereinbefore enumerated. The
judge or the court exercising such concurrent jurisdiction shall
appoint five disinterested freeholders, any or all of whom reside
either in the county or city, any three of whom may act as com-
missioners, as provided by law, provided, however, that the pro-
visions of § 25-233 of the Code of Virginia, 1950, shall apply as
to any property owned by a corporation possessing the power of
eminent domain that may be sought to be taken by condemnation
under the provisions of this act.

§ 13.03. Alternative Procedures in Condemnation.—The
city may, in exercising the right of eminent domain conferred
by the preceding section, make use of the procedure prescribed
by the general law as modified by said section or may elect to
proceed as hereinafter provided. In the latter event the resolu-
tion or ordinance directing the acquisition of any property, as
set forth in the preceding section, shall provide therein in a lump
sum the total funds necessary to compensate the owners thereof
for such property to be acquired or damaged. Upon the adop-
tion of such resolution or ordinance the city may file a petition
in the clerks’ office of a court enumerated in the preceding sec-
tion, having jurisdiction of the subject, which shall be signed
by the city manager and set forth the interest or estate to be
taken in the property and the uses and purposes for which the
property or the interest or estate therein is wanted, or when
property is not to be taken but is likely to be damaged, the
necessity for the work or improvement which will cause or is
likely to cause such damage. There shall also be filed with the
petition a plat of a survey of the property with a profile show-
ing cuts and fills, trestles and bridges, or other contemplated
structures if any, and a description of the property which, or
an interest or estate in which, is sought to be taken or likely to
be damaged and a memorandum showing names and residences
of the owners of the property, if known, and showing also the
quantity or property which, or an interest or estate in which,
is sought to be taken or which will be or is likely to be damaged.
There shall be filed also with said petition a notice directed to
the owners of the property, if known, copies of which shall be
served on such owners or tenants of the freehold of such prop-
erty, if known. If the owner or tenant of the freehold be
unknown or a nonresident of the state or cannot with reasonable
diligence be found in the state, or if the residence of the owner
or tenant be unknown, he may be proceeded against by order of
publication which order, however, need not be published more
than once a week for two successive weeks and shall be posted
at a main entrance to the courthouse. The publication shall in all
or respects conform to §§ 8-71, 8-72, and 8-76 of the Code
of 1950.

Upon the filing of said petition and the deposit of the funds
provided by the council for the purpose in a bank to the credit
of the court in such proceedings and the filing of a certificate of
deposit therefor the interest or estate of the owner of such prop-
erty shall terminate and the title to such property or the interest
or estate to be taken in such property shall be vested absolutely
in the city and such owner shall have such interest or estate in
the funds so deposited as he had in the property taken or dam-
aged and all liens by deed of trust, judgment or otherwise upon
said property or estate shall be transferred to such funds and the
city shall have the right to enter upon and take possession of
such property for its uses and purposes and to construct its
works or improvements. The clerk of the court in which such
proceeding is instituted shall make and certify a copy of the peti-
tion, exhibits filed therewith, and orders, and deliver or trans-
mit the same to the clerk of the court in which deeds are ad-
mitted to record, who shall record the same in his deed book
and index them in the name of the person or persons who had
the property before and in the name of the city, for which he
shall receive the same fees prescribed for recording a deed,
which shall be paid by the city.

If the city and the owner of property so taken or damaged
agree upon compensation therefor, upon filing such agreement
in writing in the clerk’s office of such court the court or judge
thereof in vacation shall make such distribution of such funds
as to it may seem right, having due regard to the interest of
all persons therein whether such interest be vested, contingent
or otherwise, and to enable the court or judge to make a proper
distribution of such money it may in its discretion direct in-
quiries to be taken by a special commissioner in order to ascer-
tain what persons are entitled to such funds and in what pro-
portions and may direct what notice shall be given of the making
of such inquiries by such special commissioner.

If the city and the owner cannot agree upon the compensa-
tion for the property taken or damaged, if any, upon the filing
of a memorandum in the clerk’s office of said court to that effect,
signed by either the city or the owner, the court shall appoint
commissioners provided for in §§ 25-12 to 25-15, inclusive, of
the Code of 1950 or as provided for in § 13.02, and all proceed-
ings thereafter shall be had as provided in §§ 25-12 through
25-21 and §§ 25-23 through 25-38 of the Code of 1950 insofar
as they are then applicable and are not inconsistent with the pro-
visions of this and the preceding section, and the court shall
order the deposit in bank to the credit of the court of such ad-
ditional funds as appear to be necessary to cover the award of
the commissioners or shall order the return to the city of such
funds deposited that are not necessary to compensate such own-
ers for property taken or damaged. The commissioners so ap-
pointed shall not consider improvements placed upon the prop-
erty by the city subsequent to its taking nor the value thereof
nor the enhancement of the value of said property by said im-
provements in making their award.

§ 13.04. Enhancement in Value When Considered.—In all
cases under the provisions of §§ 13.02 and 13.03, the enhance-
ment, if any, in value of the remaining property of the owner
by reason of the construction or improvement contemplated or
made by the city, shall be offset against the damage, if any, re-
sulting to such remaining property of such owner by reason of
such construction or improvement, provided such enhancement
in value shall not be offset against the value of the property
taken, and provided further, that if such enhancement in value
shall exceed the damage there shall be no recovery over against
the owner for such excess.

§ 18.05. Unclaimed Funds in Condemnation Cases.—
Whenever any money shall have remained for five years in the
custody or under the control of any of the courts enumerated
in § 13.02, in any condemnation proceeding instituted therein
by the city, without any claim having been asserted thereto such
court shall, where the amount is one hundred dollars or more,
cause a publication to be made once a week for two successive
weeks in a newspaper of general circulation published in the
city, setting forth the amount of such money, the source from
which it was derived and the proceeding in which it is held,
and requiring all persons having any claim to said money to ap-
pear before said court within such time after the completion of
the publication as the court may prescribe, and establish their
claim. If the sum be less than one hundred dollars, the court
shall direct the same to be paid into the treasury of the city, and
a proper receipt for the payment taken and filed among the
records of the proceeding. If no person shall appear and show
title in himself the court shall order the money, after deducting
therefrom the costs of such publication if such publication is
made, and any other proper charges, to be paid into the treasury
of the city and a proper receipt for the payment to be taken and
filed among the records of the proceeding. The director of
finance shall, in a book provided for the purpose, keep an ac-
count of all money thus paid into the city treasury, showing the
amount thereof, when, by whom, and under what order it was
paid, and the name of the court and as far as practicable, a de-
scription of the suit or proceeding in which the order was made
and, as far as known, the names of the parties entitled to said
funds. Money thus paid into the treasury of the city shall be
paid out on the order of the court having jurisdiction of the
proceeding, to any person entitled thereto who had not asserted
a claim therefor in the proceeding in which it was held, upon
satisfactory proof that he is entitled to such money. If such
claim be established the net amount thereof, after deducting
costs and other proper charges, shall be paid to the claimant out
of the treasury of the city on the warrant of the director of
finance. No claim to such money shall be asserted after ten
years from the time when such court obtained control thereof,
provided, however, if the person having such claim was an in-
fant, insane, or imprisoned at the time the claim might have
been presented or asserted by such person, claim to such money
may be asserted within five years after the removal of such
disability.

CHAP 14

CITY COLLECTOR

§ 14.01. <A special election shall be held on the 7th day of
November, nineteen hundred fifty, at which election the elec-
torate of the City who are qualified to vote at the regular elec-
tion held on the Tuesday after the first Monday in November,
nineteen hundred fifty shall determine whether the City Col-
lector shall be appointed by the City Manager to serve under
the direction of the Director of Finance. It shall be the duty of
the regular election officers of the City to prepare and have
printed and distributed for use at said election, in the manner
prescribed by law for printing and distributing ballots, the re-
quisite number of ballots for the submission of said question.
Such election shall be held and conducted in the manner pre-
scribed by law for other elections, provided, however, that the
oe for use at such election shall be printed to read as
ollows: :

Shall the City Collector be appointed by the City Manager
to serve under the direction of the Director of Finance?

[} For

L] Against
The squares shall be printed and the voting shall be as is pro-
vided by § 24-141 of the Code of Virginia.

§ 14.02. If a majority of the electors voting on the Ques-
tion shall vote for the City Collector to be appointed by the City
Manager to serve under the direction of the Director of Finance
then, effective as of the date of the expiration of the term to
which the person incumbent in the position at the effective date
of this Charter has been elected or sooner if the office shall
otherwise become vacant, the City Collector shall be so ap-
pointed to serve at the pleasure of the City Manager.

§ 14.03. If a majority of the electors voting on the ques-
tion shall vote against the appointment of the City Collector by
the City Manager then, at the regular municipal election to be
held in said City on the second Tuesday in June, 1952, and every
three years thereafter, there shall be elected a City Collector
for terms of three years beginning on the first day of Septem-
ber next succeeding his election and in case of vacancy hereafter
occurring in the office of City Collector it shall be the duty of
the Council to certify the same to the judge of the Corporation
Court, who shall issue his writ for an election to fill such
vacancy in the manner prescribed by the general election laws
of this state.

§ 14.04. If it is determined that the City Collector shall
be elected by the people the entire compensation of the City
Collector shall be fixed by the Council on a salary basis; pro-
vided, that the salary shall not be less than $3,000 per annum.

§ 14.05. Whether appointed by the City Manager to
serve under the direction of the Director of Finance or elected
by the people, the City Collector shall have the following powers
and shall be charged with the duties and functions as follows:

(a) the collection of all taxes, special assessments, license
fees and other revenues of the City or for whose collection the
City is responsible and receive all deposits and all other money
receivable by the City from whatsoever source.

(b) to place in the custody of the City Treasurer all pub-
lic funds belonging to or under the control of the City.

(c) to perform such functions and powers and to carry
out all provisions as are prescribed for such office in §§ 5.19
shrough 5.27, both inclusive.
CHAP 15
MISCELLANEOUS PROVISIONS

§ 15.01. Transfer of Books and Papers.—If any person
having been an officer of the city, shall not, within ten days
after he shall have vacated or been removed from office, deliver
over to his successor in office all the property, books and papers
belonging to the ¢ity or appertaining to such office, in his pos-
session or under his control, he shall forfeit and pay to the city
the sum of five hundred dollars, to be sued for and recovered
with costs. All books, records and documents used in any such
office, by virtue of. any provision of this charter or of any
ordinance or order of the council or any superior office of the
city, shall be deemed the property of the city and appertain to
said office, and the chief officer thereof shall be responsible
therefor.

§ 15.02. Enforcement of Surety Bonds.—In all cases
where a bond is required of any officer such bond shall be with
corporate surety and conditioned for the faithful discharge by
himself, his deputies, assistants or other subordinates, of the
duties imposed on him by this charter and all ordinances passed
in pursuance thereof. The auditor of municipal accounts shall
be the custodian of all personnel surety bonds.

§ 15.08. Rules and Regulations to be Filed.—All depart-
ments, boards, commissions, officers and’ agencies of the city,
authorized to make rules and regulations by this or any pre-
vious charter of the city or by the general laws of the Common-
wealth, shall within three months after this charter takes effect
file with the city manager copies of all such rules and regula-
tions previously issued by them and in force on such day and
shall thereafter file with said city manager copies of all rules
and regulations and amendments thereof subsequently issued by
them upon their issuance. It shall be the duty of the city man-
ager to keep in his office for public inspection a well indexed
file of the rules and regulations so filed.

§ 15.04. Officers Must Not Be Interested in Contracts.—
No officer or employee of the city shall be interested in any con-
tract entered into by the city with any person, firm or corpor-
ation, but this prohibition shall not apply to nonsalaried officers
or nonsalaried members of boards and commissions in respect of
contracts other than those in the making of which they have
& part.

§ 15.05. Officers to Hold Over Until Their Successors Are
Appointed and Qualified——Whenever under the provisions of
this charter any officer of the city, judge or member of any
board or commission is elected or appointed for a fixed term, ex-
cept the mayor and vice-mayor, such officer, judge or member
shall continue to hold office until his successor is elected or ap-
pointed and qualified.

15.06. Posting of Bonds Unnecessary.—Whenever the
general law requires the posting of a bond, with or without
surety, as a condition precedent to the exercise of any right,
the city, without giving such bond, may exercise such right, pro-
vided all other conditions precedent be complied with, and no
officer shall fail or refuse to act because the city has not filed or
executed the bond that might otherwise be required, and the
city shall be bound to the same extent that it would have been
bound had the bond been given.

§ 15.07. More than one Salary for Officers and Employees.
—In instances where an officer or employee of the city holds
more than one full-time position in the city service such officer
shall not receive salary for more than one such position except
by specific authorization of the council.

§ 15.08. Severability—If any provision of this charter
or the applicability thereof to any person or circumstance is
held invalid the remainder of this charter and the applicability
thereof and of such provision to other persons or circumstances
shall not be affected thereby.

§ 15.09. Real Estate Equalization Board.—Notwithstand-
ing any provision of § 58-895 of the Code of Virginia of 1950,
the Corporation Court of the City, or the Judge thereof in vaca-
tion, may annually appoint for the City a Board of Equalization,
to be composed of three members, who shall be freeholders of
the City. The terms of such members shall commence on their
appointment and shall expire on the 31st day of December of the
year in which they are appointed unless such terms are extended.
The Court, or the Judge thereof in vacation, may extend the
terms of the members of the said Board of Equalization and may
fill any vacancies thereon for the unexpired term. The members
of said Board shall receive per diem compensation for the time
actually engaged in the duties of the Board, to be fixed by the
City Council and to be paid out of the Treasury of the City, pro-
vided however that the Council may limit the per diem compen-
sation to such number of days as, in its judgment, is sufficient
for the compensatin of the work of the Board.

The Board of Equalization shall have and may exercise the
power to revise, correct and amend any assessments of real es-
tate made by the City real estate assessor in the year in which
they serve, and to that end shall have all the powers conferred
upon Boards of Equalization by §§ 58-901 to 58-906, inclusive,
and §§ 58-908 to 58-912, inclusive, of the Code of Virginia of
1950. Notwithstanding any provision of said sections, however,
the Board of Equalization may adopt any reasonable regulations
providing for the oral presentation without formal] petitions or
other pleadings or requests for equalization, and looking to the
further simplification of proceedings before the Board.

Right of appeal from the action of the Board shall be had in
accordance with §§ 58-907 and 58-1145 to 58-1151, inclusive, of
the Code of Virginia of 1950 and any other applicable provi-
sions of law.

CHAP 16
TRADITIONAL PROVISIONS

§ 16.01. Present Ordinances and Rules and Regulations
Continued in Effect.—All ordinances of the city and all rules,
regulations and orders legally made by any department, board,
commission or officer of the city, in force at the effective date
of this charter, insofar as they or any portion thereof are not
inconsistent with the provisions of this charter, shall remain in
force until amended or repealed in accordance with the pro-
visions of this charter.

§ 16.02. Present Mayor and Council to Continue in
Office Until the First Day of July, 1952.—The mayor and mem-
bers of the council in office on the date of the passage of this
charter, or their successors, shall remain in office, with all the
powers and duties possessed by them under an act approved
March 24, 1932, entitled ‘‘An Act to Provide a New Charter
for the City of Alexandria,” and the acts amendatory thereof,
until the first day of July, 1952, at which time the terms of the
Office of all of them, irrespective of the terms for which they
were originally elected, shall terminate.

2. Chapter 280 of the Acts of Assembly of 1932, entitled
‘‘An Act to provide a new charter for the city of Alexandria,
Virginia’, approved March 24, 1932, and acts amendatory there-
to, are hereby repealed.

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