An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 564
An Act to amend and reenact §§ 1.01, 2.03, 2.05, 2.06, 3.04, 3.05, 3.07, 3.08,
8.09, 3.10, 8.11, 3.12, 4.02, 4.07, 5.01, 5.04, 5.08, 5.11, 5.18, 5.14, 6.01,
6.04, 6.05, 6.07, 6.14, 7.04, 7.06, 7.07, 8.01, 9.02, 9.03, 9.06, 9.10, 9.12,
9.14, 9.18, 9.19, 10.01, 10.02, 11.01, 12.02, 14.01, 14.02, 14.03, 15.02,
15.05, and the caption title to Charter Chapter 16, and to repeal
8§ 10.08, 10.04 and 10.05 of Chapter 586 of the Acts of Assembly of
1950, approved April 7, 1950, being the charter of the city of
Alexandria.
[H 388]
Approved April 3, 1952
Be it enacted by the General Assembly of Virginia:
1. That §§ 1.01, 2.03, 2.05, 2.06, 3.04, 3.05, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12,
4.02, 4.07, 5.01, 5.04, 5.08, 5.11, 5.18, 5.14, 6.01, 6.04, 6.05, 6.07 6.14, 7.04,
7.06, 7.07, 8.01, 9.02, 9.03, 9.06, 9.10, 9.12, 9.14, 9.18, 9.19, 10.01, 10.02,
11.01, 12.02, 14.01, 14.02, 14.08, 15.02, 15.05 and the caption to Chapter
16 of Chapter 586 of the Acts of Assembly of 1950, approved April 7.
1950, be amended and reenacted as follows:
§ 1.01. Corporate Limits.—The territory contained within the fol-
lowing 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 de-
grees fifty-five and one-half minutes west sixty-two and seventy-five hun-
dredths 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 hundred 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, Vir-
ginia, 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 hundredths 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 follow-
ing 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 hundredths
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 hundredths 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 minutes 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 hundredths
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 intersects 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 hundredths 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 Vernon, 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 a point in line with the east side of Roberts Lane and one
thousand 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 thou-
sand nine hundred eighty-eight feet along the east side of Roberts Lane
to the point of beginning; and also
Beginning at the same stone which marks the point of beginning of
the present Corporation limits of the City of Alexandria, the said stone
being located at the intersection of the southerly line of Little River Turn-
pike (Duke Street extended) and the easterly line of Roberts Lane, the
said stone also being located in accordance with the provisions of § 55-287
through § 55-297, inclusive, of the Code of Virginia (1950), by Virginia
Co-ordinate System, North Zone, as north 417,882.28 feet, east
2,407,433.70 feet as determined from the position of U. S. Coast and
Geodetic Survey Triangulation Station “Temple 1934’, (all courses and
distances and coordinates herein described are determined in accordance
with the requirements of the aforesaid Virginia Co-ordinate System,
North Zone,) and running thence with the present Corporation line and
the easterly line of Roberts Lane and the extension of said line south-
wardly south 7° 02’ 21” east, 1987.90 feet to a point in the present
Corporate limits of the city of Alexandria described as lying in the
meander line of Cameron Run (Hunting Creek), the coordinates of said
point are N 415, 909.36 E 2,407,677.31; thence running south 6° 18’ 30”
west, 112.04 feet to a point in the middle of the present channel of the
aforesaid Cameron Run, the coordinates of said point are N 415,798.00
E 2,407,665.00; thence running generally with the present meanders of
the aforesaid Run and more particularly with the following courses and
distances to points hereinafter described by coordinates, thence south
49° 00’ 10” west, 455.78 feet to a point, whose coordinates are N 415,499.00
E 2,407,321.00; thence south 50° 41’ 40” west, 249.43 feet to a point,
whose coordinates are N 415,341.00 E 2,407,128.00; thence south 17° 31’
30” west, 239.10 feet to a: point, whose coordinates are N 415,113.00 E
2,407,056.00; thence south 27° 39’ 40” west, 163.71 feet to a point, whose
coordinates are N 414,968.00 E 2,406,980.00; thence south 42° 44’ 40”
west, 89.87 feet to a point, whose coordinates are N 414,902.00 E
2,406,919.00; thence south 61° 14’ 00” west, 290.90 feet to a point, whose
coordinates are N 414,762.01 E 2,406,664.00; thence north 81° 56’ 00”
west, 128.27 feet to a point, whose coordinates are N 414,780.01 E
2,406,537.00; thence south 87° 48’ 30” west, 209.15 feet to a point, whose
coordinates are N 414,772.01 E 2,406,328.00; thence north 39° 12’ 30”
west, 49.04 feet to a point, whose coordinates are N 414,810.01 E
2,406,297.00; thence north 15° 56’ 40” east, 138.32 feet to a point, whose
coordinates are N 414,943.01 E 2,406,335.00; thence north 47° 15’ 00”
west, 234.23 feet to a point, whose coordinates are N 415,102.01 E
2,406,163.00; thence north 85° 23’ 40” west, 149.48 feet to a point, whose
coordinates are N 415,114.01 E 2,406,014.00; thence north 45° 35’ 10”
west, 138.60 feet to a point, whose coordinates are N 415,211.01 E
2,405,915.00; thence north 2° 57’ 20” west, 155.21 feet to a point, whose
coordinates are N 415,366.01 E 2,405,907.00; thence north 55° 22’ 30”
west, 102.08 feet to a point, whose coordinates are N 415,424.01 E
2,405,823.00; thence north 87° 43’ 50” west, 227.18 feet to a point, whose
coordinates are N 415,483.01 E 2,405,596.00; thence north 65° 22’ 40”
west, 79.20 feet to a point, whose coordinates are N 415,466.01 E
2,405,524.00; thence south 81° 42’ 10” west, 97.02 feet to a point, whose
coordinates are N 415,452.01 E 2,405,428.00; thence north 42° 03’ 50”
west, 110.45 feet to a point, whose coordinates are N 415,534.01 E
2,405,354.00; thence north 81° 09’ 30” west, 273,25 feet to a point, whose
coordinates are N 415,576.01 E. 2,405,084.00; thence south 69° 34’ 00”
west, 54.42 feet to a point, whose coordinates are N 415,557.01 E
2,405,033.00; thence north 73° 04’ 20” west, 312.54 feet to a point, whose
coordinates are N 415,648.01 E 2,404,734.00; thence north 38° 56’ 30”
west, 127.28 feet to a point, whose coordinates are N 415,747.01 E
2,404,654.00; thence south 81° 52’ 10” west, 127.28 feet to a point, whose
coordinates are N 415,729.01 E 2,404,528.00; thence north 25° 30’ 50”
west, 146.26 feet to a point, whose coordinates are N 415,861.01 E
2,404, 465.00; thence due west 105.00 feet to a point, whose coordinates
are N 415,861.01 E 2,404,360.00; thence south 74° 52’ 00” west, 164.71 feet
to a point, whose coordinates are N 415,818.01 E 2,404,201.00; thence
north 67° 02’ 20” west, 412.70 feet to a point, whose coordinates are N
415,979.01 E 2,403,821.00; thence south 17° 10’ 30” west, 115.13 feet to
a point, whose coordinates are N 415,869.01 E 2,403,787.00; thence south
85° 39’ 00” west, 92.27 feet to a point, whose coordinates are N 415,862.01
E 2,403,695.00; thence north 41° 36’ 40” west, 215.34 feet to a point,
whose coordinates are N 416,023.01 E 2,403,552.00; thence north 28° 48’
00” west, 217.96 feet to a point, whose coordinates are N 416,214.01 E
2,403,447.00; thence north 64° 21’ 30” west, 83.19 feet to a point, whose
coordinates are N 416,250.01 E 2,403,372.00; thence north 37° 32’ 22”
west, 359.42 feet to a point, whose coordinates are N 416,535.01 E
2,403,153.00; thence north 58° 00’ 00” west, 264.20 feet to a point, whose
coordinates are N 416,694.01 E 2,402,942.00; thence north 4° 21’ 20”
east, 197.57 feet to a point, whose coordinates are N 416,891.01 E
2,402,957.00; thence north 61° 57’ 10” west, 138.23 feet to a point, whose
coordinates are N 416,956.01 E 2,402,835.00; thence north 27° 10’ 50”
west, 207.97 feet to a point, whose coordinates are N 417,141.01 E
2,402,740.00; thence north 56° 47’ 10” west, 266.55 feet to a point, whose
coordinates are N 417,287.01 E 2,402,517.00; thence north 30° 40’ 10”
west, 100.00 feet to a point, whose coordinates are N 417,373.02 E
2,402,465.99; thence south 58° 46’ 10” west, 109.93 feet to a point, whose
coordinates are N 417,316.02 E 2,402,371.99; thence south 38° 08’ 40”
west, 242.86 feet to a point, whose coordinates are N 417,125.02 E
2,402,221.99; thence south 87° 04’ 50” west, 294.38 feet to a point, whose
coordinates are N 417,110.03 E 2,401,927.99; thence north 30° 04’ 10”
west, 109.77 feet to a point, whose coordinates are N 417,205.03 E
2,401,872.99 ; thence north 83° 47’ 50” west, 231.35 feet to a point, whose
coordinates are N 417,230.03 E 2,401,642.99; thence south 87° 01’ 20”
west, 346.47 feet to a point, whose coordinates are N 417,212.03 E
2,401,296.99 ; thence north 41° 55’ 40” west, 145.16 feet to a point, whose
coordinates are N 417,320.03 E 2,401,199.99; thence north 63° 37’ 30”
west, 407.41 feet to a point, whose coordinates are N 417,501.02 E
2,400,8384.99; thence south 66° 38’ 50” west, 295.18 feet to a point, whose
coordinates are N 417,384.01 E 2,400,563.99; thence south 55° 51’ 50”
west, 142.56 feet to a point, whose coordinates are N 417,304.01 E
2,400,445.99; thence south 43° 41’ 00” west, 246.14 feet to a point, whose
coordinates are N 417,126.01 E 2,400,275.99; thence south 23° 17’ 00”
west, 179.63 feet to a point, whose coordinates are N 416,961.01 E
2,400,204.99: thence north 65° 22’ 00” west, 477.45 feet to a point, whose
coordinates are N 417,160.02 E 2,399,770.99; thence north 54° 18’ 40”
west, 533.12 feet to a point, whose coordinates are N 417,471.03 E
2,399,337.99; thence north 56° 37’ 40” west, 249.07 feet to a point, whose
coordinates are N 417,608.04 E 2,399,129.99; thence north 47° 42’ 30”
west, 209.54 feet to a point, whose coordinates are N 417,749.04 E
2,398,974.99; thence north 66° 49’ 40” west, 279.55 feet to a point, whose
coordinates are N 417,859.04 E 2,398,717.99; thence north 81° 07’ 40”
west, 207.48 feet to a point, whose coordinates are N 417,891.04 E
2,398,512.99; thence south 49° 32’ 20” west, 134.06 feet to a point, whose
coordinates are N 417, 804.04 E 2,398,410.99; thence north 89° 21’ 00”
west, 88.01 feet to a point, whose coordinates are N 417,805.04 E
2,398,322.99; thence south 30° 31’ 20” west, 200.83 feet to a point,
whose coordinates are N 417,632.04 E 2,398,220.99; thence south 76° 08’
40” west, 308.99 feet to a point, whose coordinates are N 417,558.04 E
2,397,920.99; thence south 47° 55’ 10” west, 138.78 feet to a point,
whose coordinates are N 417,465.03 E 2,397,817.99; thence south
83° 48’ 10” west, 176.03 feet to a point, whose coordinates are N
417,446.03 E 2,397,642.99; thence north 83° 36’ 00” west, 323.01
feet to a point, whose coordinates are N 417,482.04 E 2,397,321.99;
thence north 82° 43’ 20” west, 323.61 feet to a point, whose coordinates
are N 417,523.04 E 2, 397,000.99; thence north 50° 51’ 50” west,
318.44 feet to a point, whose coordinates are N 417,724.03 E 2,396,753.99 ;
thence north 34° 33’ 20” west, 128.71 feet to a point, whose coordinates
are N 417,830.03 E 2,396,680.99; thence south 81° 55’ 50” west, 53.41 feet
to a point, in the northerly line of the right-of-way of the Richmond
Fredericksburg and Potomac Railroad, the coordinates of said point are
N 417,822.53 E 2,396,628.11; thence running generally with the said
northerly line of the Richmond Fredericksburg and Potomac Railroad
right-of-way and more particularly with the following courses and dis-
tances to points hereinafter described by coordinates: south 51° 40’ 40”
west, 663.73 feet to a point of curve, whose coordinates are N 417,410.96
E 2,396,107.39; thence continuing along the arc of a curve to the right
whose radius is 8499.00 feet, and whose chord bearing and chord are
south 52° 48’ 09” west and 333.65 feet, respectively, a distance of 333.67
feet to a point, whose coordinates are N 417,209.25 E 2,395,841.62; thence
south 36° 04’ 22” east, 15.00 feet to an iron bar, whose coordinates are
N 417,197.13 E 2,395,850.45; thence along the arc of a curve to the right
whose radius is 8513.99 feet and whose chord bearing and chord are south
59° 55’ 14” west and 1777.95 feet, respectively, a distance of 1781.18 feet
to a point, whose coordinates are N 416,306.02 E 2,394,311.98; thence
south 0° 31’ 40” east, 5.48 feet to a point on a curve to the right, the
coordinates of said point are N 416,300.59 E 2,394,311.98; thence along
the arc of said curve to the right whose radius is 8518.99 feet and whose
chord bearing and chord are south 71° 34’ 58” west and 1678.69 feet,
respectively, a distance of 1681.42 feet to a point, whose coordinates are
N 415,770.23 E 2,392,719.27; thence north 12° 45’ 46” west, 35.00 feet
to a point on a curve to the right, the coordinates of said point are
N 415,804.37 E 2,392,711.54; thence along the arc of said curve to the
right whose radius is 8484.00 feet and whose chord bearing and chord
are south 78° 08’ 57” west and 270.06 feet, respectively, a distance of
270.09 feet to a point, whose coordinates are N 415,748.91 E 2,392,447.24 ;
thence south 79° 03’ 40” west, 1025.13 feet to a point, whose coordinates
are N 415,554.38 E 2,391,440.74; thence south 4° 17’ 00” east, 30.20 feet
to a point, whose coordinates are N 415,524.26 E 2,391,443.00; thence
south 79° 03’ 40” west, 3302.03 feet to an iron pipe set in the northerly
right-of-way line of the Richmond Fredericksburg and Potomac Railroad
and in a line of the land of the Southern Railway, the coordinates of said
pipe in the Virginia Co-ordinate System, North Zone, are north 414,897.63
feet east 2,388,200.98 feet; thence leaving the northerly right-of-way
line of the Richmond Fredericksburg and Potomac Railroad and running
with a line of the land of the Southern Railway and crossing the land of,
and main line tracks of, the said Southern Railway north 8° 48’ 44” west,
945.93 feet to a point in the northerly line of the right of way of the said
Southern Railway and a corner to the lands known as the A. F. Saum
Estate and the land formerly owned by Frank Mitchell, the coordinates
of said point are N 415,841.50 E 2,388,138.08; thence running with the
aforesaid northerly right of way line south 70° 25’ 23” west, 605.71 feet
to a point, the coordinates of which are north 415,638.51 feet east
2,087,567.39 feet; thence leaving the said northerly right of way line and
crossing the land of the aforementioned A. F. Saum Estate and running
generally with the easterly line of the land of McDowell north 21° 07’ 03”
west, 2150.01 feet to a point in the southerly line of the Edsall Road
(Route 648), the coordinates of said point are N 417,644.16 E 2,386,792.77 ;
thence crossing the aforesaid Edsall Road and running south 77° 19’ 38”
west, 251.16 feet to an iron pipe in the line between the lands of Biggers
and Stulz, the coordinates of said pipe are N 417,589.06 E 2,386,547.73;
thence running generally with the line of Biggers and Stulz north
11° 24’ 138” west, 1748.59 feet to an iron pipe, whose coordinates are
N 419,303.14 E 2,386,202.00; thence north 79° 03’ 55” east, 149.77 feet
to a stone which lies on the westerly side of an outlet road, the coordinates
of said stone are N 419,331.55 E 2,386,349.05; thence north 1° 55’ 30”
east, 893,17 feet to a concrete right of way monument of the Common-
wealth of Virginia Department of Highways marking the southeasterly
line of Service Road No. 4 of the Henry G. Shirley Memorial Highway
System (Route 350); the coordinates of said monument on the Virginia
Co-ordinate System, North Zone, are north 420,224.19 feet east
2,386,379.07 feet thence crossing said Service Road and said Shirley
Memorial Highway north 1° 31’ 56” east, 451.39 feet to a point in the
line between lots 3 and 4 of the division of the land of William H. Lewis,
the coordinates of said point are N 420,675.45 E 2,386,391.12; thence
with the northwesterly line of the said Shirley Memorial Highway right
of way along the arc of a curve to the right whose radius is 38,347.20
feet and whose chord bearing and chord are north 60° 19’ 52” east and
48.90 feet, respectively, a distance of 48.90 feet to a point, whose
coordinates are N 420,699.65 E 2,386,433.61; thence with a line radial
to the said northwesterly line of the Shirley Memorial Highway north
29° 37’ 57” west, 40.65 feet to a point in the westerly line of the Subdivision
of the Veach Tract, the coordinates of. said point are N 420,734.98 E
2,386,413.51; thence with the westerly line of the Subdivision of the Veach
Tract and crossing the Little River Turnpike (State Route 236) north
30° 03’ 50” east, 1380.81 feet to a point in the northerly line of said
Turnpike, the coordinates of said point are N 421,930.03 E 2,387,105.25;
thence with the said northerly line of said Turnpike south 62° 02’ 37” east,
283.96 feet to a point whose coordinates are N 421,796.91 E 2,387,356.07;
thence with said right-of-way line north 27° 57’ 23” east, 40.00 feet to a
point whose coordinates are N 421,832.24 E 2,387,374.82; thence continu-
ing with the said right-of-way line south 62° 02’ 37” east, 125.98 feet to
a point in the westerly line of Route 613 whose coordinates are N
421,778.18 E 2,387,486.10; thence with the said westerly line of Route 613
north 25° 42’ 00” east, 482.02 feet to a point whose coordinates are
N 422,207.52 E 2,387,695.13; thence continuing with said line north
42° 44’ 00” east, 222.36 feet to a point in the southwesterly line of the
old Lincolnia Road (Route 6138) the coordinates of said point are,
N 422,370.85 E 2,387,846.02; thence with said line of the Lincolnia Road
north 46° 53’ 40” west, 441.98 feet to a point whose coordinates are
N 422,672.87 E 2,387,523.83; thence crossing the said Lincolnia Road
and running with the land of W. J. J. Smith north 42° 45’ 41” east,
970.60 feet to a point common to the lands of Frank S. Smith, W. J. J.
Smith and the land formerly in the name of Charles E. Stearns, the
coordinates of said point are N 423,385.47 E 2,388,182.32; thence with the
land of said Frank S. Smith north 24° 27’ 19” west, 943.48 feet to a point
whose coordinates are N 424,244.31 E 2,387,791.74; thence south
87° 52’ 22” west, 1034.30 feet to a point in the westerly line of a 30 foot
road leading from the Lincolnia Road to the Seminary Road, the
coordinates of said point are N 424,205.92 E 2,386,758.15; thence con-
tinuing with the westerly line of said road the following courses and
distances to points hereinafter described by coordinates: north 16° 25’ 50”
east, 366.68 feet to a point whose coordinates are N 424,557.63 E
2,386,861.87; north 8° 23’ 10” west, 314.43 feet to a point whose
coordinates are N 424,868.71 E 2,386,816.01; north 33° 25’ 50” east,
399.44 feet to a point whose coordinates are N 425,202.06 E 2,387,036.07 ;
north 16° 05’ 50” east, 208.59 feet to a point whose coordinates are
N 425,402.47 E 2, 387,093.91; north 54° 11’ 50” east, 232.45 feet to a
point whose coordinates are N 425,538.45 E 2,387.282.44; north 52° 24’ 50”
east, 131.76 feet to a point whose coordinates are N 425,618.82 E
2,387,386.85; north 57° 39’ 50” east, 227.74 feet to a point whose
coordinates are N 425,740.63 E 2,387,579.27; north 50° 23’ 50” east,
245.25 feet to a point whose coordinates are N 425,896.97 E 2,387,768.28 ;
north 44° 15’ 50” east, 510.18 feet to a point whose coordinates are
N 426,262.33 E 2,388,124.32; north 57° 04’ 50” east, 162.21 feet to a
point whose coordinates are N 426,350.48 E 2,388,260.48; north 45° 52’ 50”
east, 485.48 feet to a point whose coordinates are N 426,688.45 E
2,388,609.00; and north 60° 41’ 50” east, 200.95 feet to a point in the
meanders of Holmes Run, whose coordinates are N 426,786.80 E
2,388,784.27; thence with the meanders of said Run north 8° 43’ 00”
west, 226.30 feet to a point whose coordinates are N 427,010.49 E
2,388,749.99; thence continuing with the meanders of said Run north
16° 34’ 20” west, 277.85 feet to a point whose coordinates are N 427,276.80
E 2,388,670.74; thence leaving said Holmes Run and running through
the land of S. J. Gordon, the land formerly owned by R. E. Ankers, Jr.,
the land of M. A. Ankers, and the land of R. F. Rosen north 67° 50’ 58”
east, 1208.64 feet to a point whose coordinates are N 427,732.59 E
2,389,790.18, which point is also the easterly corner common to the land
of said Rosen and the land formerly owned by D. S. Bartlett; thence
running generally with the southeasterly line of Bartlett and the north-
westerly line of the land of G. H. Lacy north 38° 47’ 41” east, 776.64 feet
to a point whose coordinates are N 428,337.90 E 2,390,276.77; thence
crossing the land of H. A. Lockridge and the land now or formerly
owned by Lydia Hoffman north 32° 56’ 06” east, 858.19 feet to an iron
bar in the westerly line of a 30 foot road, the coordinates of said iron bar
are N 429,058.17 E 2,390,743.36; thence crossing said road and running
south 66° 05’ 42” east, 38.45 feet to an iron pipe at the westerly end of
the line between lots 2 and 3 of the Wheat Subdivision, the coordinates
of said iron pipe are N 429,042.42 BE 2,390,778.54; thence generally with
the line between the aforesaid lots 2 and 3 north 73° 27’ 40” east, 891.67
feet to a point in the southwesterly line of Davis Avenue as established
by deed of dedication of block 7, Dowden Terrace Subdivision, the
coordinates of said point being N 429,296.25 E 2,391,633.32; thence
running with said line of Davis Avenue north 32° 25’ 44” west, 542.51
“eet to a point whose coordinates are N 429,754.16 E 2,391,342.40; and
north 19° 42’ 47” west, 184.04 feet to a point whose coordinates are
N 429,927.41 E 2,391,280.32; thence crossing Davis Avenue and running
generally with certain lot lines in block 7, Dowden Terrace Subdivision
north 70° 17’ 13” east, 255.57 feet to a point whose coordinates are
N 430,013.62 E 2,391,520.91; thence north 29° 56’ 17” west, 271.30 feet
to a point whose coordinates are N 430,248.72 E 2,391,385.51; thence
north 50° 51’ 43” east, 62.74 feet to a point whose coordinates are
N 430,288.32 E 2,391,434.17; thence north 39° 08’ 17” west, 144.68 feet
to a point in the southeasterly line of Bradley Boulevard, the coordinates
of said point are N 430,400.54 E 2,391,342.85; thence with said line of
Bradley Boulevard north 50° 51’ 48” east, 402.33 feet to a point whose
coordinates are N 430,654.49 E 2,391,654.91; thence south 14° 54’ 17”
east, 189.75 feet to a point in the line common to E. R. Lacy and Block 6,
Dowden Terrace Subdivision, the coordinates of said point are N
430,471.12 E 2,391,703.72; thence with said common line of Lacy and
block 6, Dowden Terrace Subdivision north 75° 05’ 43” east, 828.84 feet
to a point in the easterly line of Seminary Road (Route 716) as estab-
lished by deed of dedication of Washington Forest Subdivision, the
coordinates of this point are N 430,684.31 E 2,392,504.67; thence with
said easterly line of Seminary Road south 12° 16’ 17” east, 13.61 feet to
a point whose coordinates are N 480,671.01 E 2,392,507.57; and south
14° 20’ 17” east, 403.14 feet to a point in the line common to the lands
of Steel and Davis, coordinates of said point are N 430,280.43 E
2,392,607.40; thence generally with said common line of Steel and Davis
and the land formerly known as Washington Forest north 67° 46’ 46”
east, 3212.84 feet to a stone whose coordinates are N 431,495.42 E
2,595,581.64, which stone also lies in the southerly line of the Leesburg
Turnpike (Route 7); thence crossing said road and running north 55°
50’ 10” east, 69.09 feet to a point in the northerly line of the said Leesburg
Turnpike, the coordinates of said point.are N 481,534.22 E 2,395,638.81;
thence north 9° 13’ 10” east, 500.43 feet to a point in the Arlington-
Fairfax line, the coordinates of said point are N 432,028.19 E 2,395,718.99;
thence with the Arlington County line south 46° 09’ 10” east, 1505.47 feet
to a set stone enclosed in an iron fence, whose coordinates are N 430,985.29
E 2,396,804.72, which stone is an original boundary stone of the District
of Columbia; thence continuing with said line south 45° 39’ 45” east,
5380.80 feet to a set stone whose coordinates are N 427,224.74 E
2,400,653.26, which stone is enclosed in an iron fence; thence continuing
with the said Arlington County line south 45° 53’ 41” east, 2408.06 feet
to a point whose coordinates are N 425,548.78 E 2,402, 382.40 which
point is in the present Corporate Limits of the City of Alexandria and
lies in the center line of Braddock Road; thence with the center line of
Braddock Road and the previous Corporate Limits of the City of Alex-
andria north 85° 12’ 34” west, 358.26 feet to a stone set in the westerly
line of Quaker Lane, whose coordinates are N 425,578.56 E 2,402,025.42;
thence with the aforesaid Corporate Limits and the westerly line of
Quaker Lane south 4° 23’ 07” west, 3827.81 feet to a point whose
coordinates are N 421,762.10 E 2,401,732.70; thence south 6° 50’ 00”
east, 2886.44 feet to a point in the northerly line of the Little River Turn-
pike, the coordinates of said point are N 418,896.02 E 2,402,076.17 ; thence
continuing with the aforesaid Corporate limits and the northerly line of
the aforesaid Little River Turnpike south 80° 02’ 29” east, 4736.71 feet
to a point, whose coordinates are N 418,077.01 E 2,406,741.47; thence
south 74° 56’ 45” east, 279.99 feet to a point, whose coordinates are
N 418,004.29 E 2,407,011.85; thence south 81° 48’ 45” east, 418.38 feet
to a point in the aforesaid northerly line of the Little River Turnpike,
the coordinates of said point are N 417,944.71 E 2,407,425.97; thence
crossing said Turnpike and running south 7° 02’ 21” east, 62.75 feet to
the point of beginning, containing approximately 7.25 square miles.
§ 2.03. 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 walk-
ways 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 dedi-
cated to the public and the city shall have the same authority and juris-
diction 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 without the city, public
parks, parkways, playfields and playgrounds, and to lay out, equip and
improve them with all suitable devices, 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 disposal of such garbage and other refuse.
(d) To construct, maintain and operate, within and without 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 paving 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 construction of
a sewer, culvert or drain, the city may assess and collect an annual sewer
tax as compensation for the use thereof, and may provide for the commu-
tation thereof, upon such terms and conditions as the council may provide
by ordinance, but such assessment shall not be in excess of the peculiar
benefit resulting therefrom to such abutting landowners; and provided
further, that the city may acquire by condemnation or otherwise any
interest or right of any owner of abutting property in the use of any
sewer, culvert or drain, and thereafter charge such landowner for the
use of such sewer, culvert or drain. The city may order such improvements
to be made and the cost thereof apportioned in pursuance of an agreement
between the city and the abutting landowners. In the absence of such an
agreement the improvements may be ordered on a petition from not less
than three-fourths of the landowners to be affected thereby or by a *
majority affirmative vote of the council.
(f) To construct, maintain and equip all buildings and other struc-
tures necessary or useful in carrying out the powers and duties of the city.
(z) To sell, lease or dispose of, except as otherwise provided 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 otherwise, and
to construct and maintain or authorize the construction and maintenance
of bridges, viaducts, subways or underpasses over or under any stream,
creek or ravine when any portion 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 companies, except as
the right to require such compensation is affected by any contract hereto-
fore or hereafter made with the company concerned; provided that the
council shall have authority 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 government or by an agency specially
established by ordinance for the purpose; authorize or permit others to
use, operate or maintain such places or any portions thereof, pursuant to
lease or agreement, upon such terms and conditions as the council may
determine *; 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 manage-
ment and control by a department of the city government; charge or
authorize the charging of compensation for the use of any such airport
or any of its appurtenances; 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 con-
cessions 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 council may determine *.
(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 admission to such stadia, arenas, swimming pools and other sport
and recreational facilities, including charges for any services incidental
thereto; lease, subject to such regulations as may be established by ordi-
nance, any such stadium, arena, swimming pool or other sport or recrea-
tional facility or any concession incidental thereto, or enter into a con-
tract with any person, firm or corporation for the management and opera-
tion of any such stadium, arena, swimming pool or other sport or recrea-
tional facility, including the right to all concessions incident to the subject
of such contract, on such terms and conditions as the council may
determine *.
(n) To acquire, by purchase, condemnation, lease, or otherwise and
to construct, own, maintain and operate, within and without the city,
water works, gas plants and electric plants, with the pipe and transmis-
sion lines incident thereto, and to charge and collect compensation there-
for, and to provide penalties 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 otherwise and
to construct, own, maintain and operate, within and without the city, land-
ings, wharves, docks, canals and the approaches to and appurtenances
thereof, tracks, spurs, crossings, switchings, terminals, warehouses and
terminal facilities of every kind and description necessary or useful in
the transportation and storage of goods, wares and merchandise; per-
form any and all services in connection with the receipt, delivery, shipment
and transfer in transit, weighing, marking, tagging, ventilating, refriger-
ating, icing, storing and handling of goods, wares and merchandise;
prescribe and collect charges from vessels coming into or using any of the
landings, 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 concessions properly incident thereto to any
person, firm or corporation for the maintenance and operation of any or
all of such facilities on such terms and conditions as the council may
determine; * 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 without 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 wharf, landing,
dock or canal now owned or hereafter acquired by the city and upon the
closing or discontinuance of such use the same shall thereupon be for-
ever discharged from any public use or easement or from any obligation
theretofore imposed by reason of such public use or easement by statute
or otherwise.
(p) To acquire, by purchase, condemnation, lease, or otherwise 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 violations of the city ordi-
nances 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 sergeant 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 * two-thirds
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 oper-
ated by the city.
(u) 1. To acquire, establish, construct, improve, enlarge, operate and
maintain a sewage disposal system with all necessary sewers, conduits,
pipe lines, pumping and ventilating stations, 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 neces-
sary for the operation of the sewage disposal system.
To acquire by purchase, gift, condemnation or otherwise, real
estate, or rights of easements therein, necessary or convenient for estab-
lishment, enlargement, maintenance or operation of such sewage disposal
system, and the right to dispose of property so acquired no longer neces-
sary 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, establishing, con-
structing, improving and enlarging the sewage disposal 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 perform such agreements or
contracts as may be necessary or convenient 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 examinations for acquiring, con-
structing and operating the sewage disposal system and for the prevention
of pollution of state waters.
6. To enter into contracts with the United States of America, ot
any department or agency thereof, or with the State of Virginia or any
other government or public agency in the United States, or with any per-
son, 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 origi-
nating upon any and all real estate or anywhere within the city be dis-
posed 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
originates, has originated or will originate sewage or industrial wastes,
or either, which directly or indirectly have entered or will enter the sew-
age disposal system; and the owner or occupant 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 practicable 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 con-
nected or identified with the real estate, or any other factors 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 by or in connection with any real
estate shall not be paid when due, interest shall at the time begin to
accrue thereon at the rate of * six per centum per * annum, plus such
penalty as the council may determine, and the person or corporation sup-
plying 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. ,
§ 2.05. 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 sentenced 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, sew-
age disposal system, jail or workhouse or the discharge of any other func-
tion or power vested by this charter in the city of Alexandria.
(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 maintained within
the city, to hospitals, to associations for the advancement of agriculture
or the mechanic arts, to scientific, literary, 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,
organizations or institutions be located in or near the city, and provided
further that no appropriation for any such purposes shall be made, nor
aid be otherwise granted through exemption from charge for use of water
or light facilities or otherwise either with or without charge, beyond the
city limits, unless * two-thirds of the council vote therefor.
(i) To provide for aid in the support or maintenance of public free
schools.
§ 2.06. Enforcement of Regulations——When by the provisions of
this charter or the constitution and general laws of the Commonwealth
the city is authorized to pass ordinances on any subject, the council may
provide suitable penalties for the violation of any such ordinances, includ-
ing ordinances effective outside the city as provided in this charter. No
such penalty shall exceed a fine of * five hundred dollars or imprisonment
for * stz months or both. Upon conviction for violation of any ordinance
the court trying the case may require bond of the person so convicted
with proper security in the penalty of not more than one thousand dollars,
conditioned to keep the peace and be of good behavior and especially for
the period of not more than twelve months not to violate the ordinance
for the breach of which he has been convicted. From any fine or imprison-
ment 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 convicted
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, returnable within sixty days from
its issuance. The city is hereby expressly authorized and empowered to
institute and maintain a suit or suits to restrain by injunction the viola-
tion of any ordinance legally adopted by it, notwithstanding such ordi-
nance may provide penalties for its violation.
§ 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) Appoint and remove the city manager.
(b) Adopt the budget of the city.
(c) Authorize the issuance of bonds by a bond ordinance.
(d) Inquire into the conduct of any office, department or agency of
the city and make investigation as to municipal affairs.
(e) Establish administrative departments, offices or agencies *. There
are hereby created the departments 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 vacancy, 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.
(f) Appoint the members of the school board, the planning commis-
sion and the board of zoning appeals.
(g) Establish advisory boards and commissions and appoint their
members.
(h) Provide for an independent audit.
(i) Provide for the number, titles, qualifications, powers, duties, and
compensation of all officers and employees of the city.
(7) Provide for the form of oaths and the amount and condition of
surety bonds to be required of certain officers and employees of the city.
§ 3.05. Mayor.—* The member of the council elected who receives
the largest popular vote shall be the mayor of the city, and the member
of council elected who receives the second largest popular vote shall be
the vice-mayor of the city. 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 ceremonial purposes, the purposes of military law and the service
of civil process. If a vacancy shall occur in the office of mayor or vice-
mayor, the council shall elect one of its members to the office for the
unexpired term. In the absence or disability of the mayor, the vice-mayor
shall perform the duties of mayor.
§ 3.07. Induction of Members.—The council members in office at
the time this charter takes effect shall continue in office through the
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 council
shall be the judge of the election and qualifications of its members.
§ 3.08. Rules of Procedure.—The council shall be a continuing 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 except during the
months of July and August. They shall also provide 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 busi-
ness shall be transacted at such meeting except by the unanimous consent
of all the members of the council; provided, however, that a special meet-
ing 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 and unless it shall have received the
affirmative votes of a majority of the members present. No vote shall be
reconsidered or rescinded at any special 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 exceeding the sum of one thousand dollars, imposing taxes, or
authorizing the borrowing of money, shall be passed by the council on the
same day on which it is introduced, nor shall any such ordinance or resolu-
tion 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, resolution, 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 minority stock-
holder of a corporation or as a citizen of the city.
§ 3.09. Ordinances.—In addition to such acts of the council 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 appropria-
tion in excess of five thousand dollars, except as provided by § 5.16, author-
izing 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 * 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 this title.
All ordinances shall be introduced in typewritten or printed form or a
combination of both. All ordinances which repeal or amend existing ordi-
nances shall * be identified by title. The section or subsection to be repealed
or amended and, * an informal memorandum explaining the repeal or
amendment shall be read to the council for its information. 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.
§ 8.11. Procedure for Passing Ordinances.—Any ordinance 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
introduction ,the ordinance shall receive its first reading and, provided it
shall receive an affirmative vote of the majority of members present at
this * meeting, a time, not less than three days after such introduction,
and place shall be set at which the council will hold a public hearing con-
cerning it. If all members of the council present at such introduction
have received a copy of the proposed ordinance not less than twenty-four
hours before said introduction, then only the title need be read for the
first reading, otherwise the ordinance shall be read verbatim. 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 fifth 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 * to have the title or the full
text of the proposed ordinance printed in sufficient numbers to supply
copies to meet requests or to cause it to be published as a paid advertise-
ment 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
ordinance, unless it be an emergency ordinance, * may be finally passed *
upon its second reading at either a regular or special meeting of the
council following the introduction * publication and conclusion of the
public hearing thereon.
Amendments or additions to an ordinance may be made at any time
after introduction and further publication of an amendment is not neces-
sary, except that if said amendments or additions introduce an entirely
new subject matter and radically change the overall purpose of said ordt-
mance, then they shall be handled separately and introduced as a new
ordinance. At the second reading only the title of an ordinance need be
read, unless amendments or additions have been made subsequent to the
introduction, in which case said amendments or additions shall be read
in full prior to passage.
§ 3.12. Emergency Ordinances.—If, in the opinion of council, an
emergency exists, an ordinance pertinent to the emergency may be read
a second time and passed with or without amendment at * the same meet-
ing at which * zt is introduced, * and no publication or specific time interval
between introduction and passage is necessary. 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 the City Council
present.
§ 4.02. The City Manager; Powers and Duties.—The city manager
shall be the chief executive officer of the city government. He shall be
be responsible to the council for the proper administration of all affairs
of the city, except those responsibilities 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 administra-
tion, and to 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 * each year at its first meeting in the fourth month following the
end of the preceding fiscal year a concise, comprehensive report of the
financial transactions and administrative activities and all other opera-
tions 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 bonds 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 Gommonwealth other than the duties conferred on the mayor by this
charter.
_ § 4.07. Relations with Boards, Commissions, and Agencies.—The
city manager shall have the right to attend and participate in the pro-
ceedings of, but except as otherwise provided in this charter or by law
not to vote in, the meetings of all boards, commissions or agencies created
by this charter or by ordinance.
§ 5.01. Department of Finance.—There shall be a department of
finance, which shall include the functions of budgeting, accounting and
control, * purchasing * and such other functions as may be provided by
ordinance.
§ 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 nothing herein contained shall
apply to the administration of school funds.
(d) Maintain a general accounting system for the city government
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 gov-
ernment to be made daily or at such intervals as he may deem expedient.
Provided, however, that nothing herein contained shall apply to the
administration of school funds.
(e) Submit to the council through the city manager a monthly state-
ment of all receipts, disbursements and encumbrances of funds in suffi-
cient 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 purchase, storage and dis-
tribution of all supplies, materials, equipment and other articles used by
any Office, department or agency of the city government.
(h) 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.
§ 5.08. Accounting Supervision and Control.—The director of
finance, except as to public schools, 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 obligations, having pre-
viously ascertained that funds have been appropriated 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 govern-
ment and with the advice of the city attorney determine the regularity,
legality and correctness of such claims, demands or charges.
(d) Inspect and audit any accounts or records of financial transac-
tions which may be maintained in any office, department or agency of the
city government apart from or subsidiary to the accounts kept in his office.
§ 5.11. Fees Shall be Paid to City Government.—All fees payable to
the city received by any officer or employee shall belong to the city govern-
ment and shall be paid to the department of finance as and when directed
by the director of finance.
5.13. 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 exceptions, as the council may prescribe *;
provided, however, that the council shall not except individual contracts,
purchases or sales from the requirement of competitive bidding. In the
event no competitive bids are received, the purchasing agent shall have
the right to purchase or contract for supplies, materials, or equipment at
the best available price.
5.14. Contracts for City Improvements.—Any city improvement
costing more than $1,000 except where such improvement 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 * council, 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.
6.01. Fiscal Year.—The fiscal year of the city government shall
be established by ordinance. Such fiscal year shall * constitute 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. ,
§ 6.04. 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, assum-
ing that the proportion of the levy collected be no greater than the average
proportion of the levy collected in the last three completed tax years.
(c) An estimate of receipts from all other sources of revenue, pro-
vided that the estimated receipts from no such source shall exceed the
amount estimated to be received from such source in the current fiscal
year, 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 government the amount * of the
same shall * be reasonably based upon such information as may be avail-
able from the proper State or federal official as to the expectation of such
receipts.
(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 cur-
rent fiscal year and actual receipts and expenditures for the last preceding
fiscal year in comparison with estimated receipts and recommended expen-
ditures for the ensuing year. At the head of the budget there shall appear
a summary of the budget, which need not be itemized further than by
principal sources of anticipated revenue, stating separately the amount
to be raised by property tax, and by departments and kinds of expendi-
tures, in such a manner as to present a simple and clear summary of the
detailed estimates of the budget.
§ 6.05. A Balanced Budget.—In no event shall the expenditures
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, or in
the case of a new tax, on the basis of the experience of other cities, will
make up the difference. If estimated receipts exceed estimated expendi-
tures 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. ,
§ 6.07. Appropriation and Additional Tax Ordinances.—At the same
time that he submits the general fund budget the city manager * may
introduce.in the council a general appropriation ordinance. The appropria-
tion 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
submitting 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.
New ordinances altering the tax rate or levying a new tax may, however,
be introduced and passed at any other time of the year. 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.
§ 6.14. 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 improvements proposed for the ensuing fiscal
year. The council shall have power to accept with or without amendments
or reject the proposed program and proposed means of financing for the
ensuing fiscal year but, except in the case of emergency as provided in
subsection (d) of § 2.02 of this charter, the council shall not authorize
any capital improvement project or make any appropriation therefor
unless * such project is included in the capital budget as adopted by it.
The council shall hold at least one public hearing on said budget and shall
take final action on the * budget not later than twenty days after the
date prescribed for the adoption of the general budget. * * A capital
project in the budget may lapse at the end of one year but once an
appropriation has been made for such project it shall not lapse until the
purpose for which the appropriation is made shall have been accomplished
or abandoned, provided that any project shall be deemed to have been aban-
doned if three fiscal years elapse without any expenditure from or encum-
brance 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.
§ 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 resolution, 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 authen-
ticated by the signature of the * mayor and the city treasurer and shall
mature not later than two years after the date of issue.
Ordinance for Bond Issue.—(a) Ordinance required. All
bonds shall be authorized by ordinance, the procedure for the passage of
which shall be the same as for the passage of any ordinance, except that
such ordinance shall not be passed as an emergency ordinance and that
* two-thirds affirmative vote of all members of the council shall be neces-
sary 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 refunding bonds, a brief
description of the indebtedness to be funded or refunded sufficient to
identify such indebtedness;
2. If the purpose of the bonds is to finance a capital improvement
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 shal] 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 denying
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 * five
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.
§ 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 al] 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 desirable
concerning personnel management in the city service, and report to the
council his findings, conclusions and recommendations.
(e) To conduct open competitive examinations for original appoint-
ments and for promotions whenever it seems desirable to him.
(f) To enter into agreements with other public personnel depart-
ments or agencies for the joint administration of examinations and the
joint use of eligible lists.
(zg) 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 departments,
boards, commissions, offices and agencies of the city, * 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. *
(k) To develop and establish training programs for persons in the
city service.
(1) Such other powers and duties as may be assigned to him by
ordinance.
§ 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 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; * five citizen members shall be
qualified resident 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 effective
date of this charter or as soon thereafter as practicable one new citizen
member shall be appointed for a term ending February 1, 1955, and pro-
vided further, that thereafter of the citizen members first appointed by
the council two shall be appointed for two years and * three for four years.
* Vacancies shall be filled by the authority making the appointment, for
the unexpired portion of the term. Members of the city planning com-
mission shall serve as such without compensation, but may receive reim-
bursement 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 activities of
the planning commission.
§ 9.08. City Planning Commission; Organization and Expenditures.
—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 reelection, 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 resolu-
tions, transactions, findings and determinations, which record shall be a
public record. * Upon request of the commission, the city manager may
appoint a director of planning and such additional employees as * he may
deem necessary for * the work of the commission and may * enter into
contracts for and on behalf of the commission or permit it to contract
directly with city planners, engineers, architects and other consultants
for service it may require. All expenditures, exclusive of gifts to the
commission, shall not exceed the sums appropriated by the city council
therefor. :
§ 9.06. Effect of Adoption of Master Plan.—Whenever the commis-
sion shall have adopted a master plan for the city or one or more parts
thereof, geographical, topographical or functional, 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 public way, ground, open space, public building or struc-
ture, shall be constructed or authorized in the city or in the planned section
or division thereof until and unless the general location, character and
extent thereof has been submitted to and approved by the commission.
No widening, extension, 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 without the
city for public purposes nor the sale of any land held by the city shall be
authorized or take place unless such transactions 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 provided in § * 9.09 of this
chapter shall be adopted until * such application on motion for such change
has been submitted to and approved by the commission. In case of dis-
approval in any of the instances enumerated above the commission 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 the council, except as otherwise provided in § 9.12 of
this chapter. The failure of the commission to act within sixty days from
the date of the official submission to it shall be deemed approval. The fore-
going provisions of this section shall not be deemed to apply to the pave-
ment, repavement, reconstruction, improvement, underground pipes and
conduits, drainage, or other work in or upon any existing street or other
existing ‘public way.
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 appropriate use thereof throughout the city. Except when a
comprehensive zoning plan is adopted or amended as a whole, 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 thereof.
Changes involving lesser areas than the above may .be made when the
change consists of * (a) the inclusion of the balance of the frontage on the
same street tn any one block in the same zone in which the major portion
of such frontage is already included; and (b) the inclusion of the balance
of a contiguous parcel in single ownership in the same zone in which
the major portion of such parcel is already included; provided, however,
that such zone change does not extend more than fifty feet beyond the
original zone boundaries and provided that a further extension of an
already extended zone in single ownership shall not be granted in the two-
year period following the original zone change.
§ 9.12. Adoption and Amendment of Regulations and Restrictions
and Determination of Zone Boundaries.—Subject to the other provisions
of this chapter the council shall have power by ordinance to adopt the
regulations and restrictions hereinbefore described and determine the
boundaries of the zones in which they shall apply, provide for their en-
forcement, and from time to time amend, supplement or repeal the same.
The council shall also have authority to provide for the collection of fees
to cover costs involved in the consideration of any application for amend-
ment, supplement or repeal of any such regulation, restriction or deter-
mination of boundaries, to be paid to the city treasurer by the applicant
upon filing such request. No ordinance to adopt such regulations and
restrictions shall be enacted until the application or motion for such
change has been referred to the city planning commission and until after
a public hearing in relation thereto and has been approved or rejected
by it, * and until after a public hearing in relation thereto has been held
by the council, provided that such public hearings shall not be held more
frequently than-once every three months, at which time the parties in
interest shall have opportunity to be heard; provided, however, that more
frequent rezoning ordinances may be enacted under the 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 publica-
tion thereof in a daily newspaper of general circulation published in the
city.
The council may approve or reject recommendations of the planning
commission subject to the provisions of § 9.06 of this chapter. It may
also refer the matter to the commission for further study. The commission
shall act on such referral within fifteen days and resubmit its reviewed
recommendations to council. If adopted by a vote of two-thirds of the
entire membership of the commission at the referral meetings, such
recommendations may be modified only by a three-fourths vote of all
of the members of the council.: If the commission fails to act within the
prescribed period or by a two-thirds vote, the council may adopt said
application or motion for change by a simple majority. The public
hearing on any matter referred by council to the planning commission for
further study may be continued over a period not to exceed thirty days
and such thirty days shall not be considered as a part of the three months
time period heretofore mentioned.
§ 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 resident 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. Vacaneies 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 a public hearing. Members of the board of
zoning appeals 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 activities of the Board of Zoning
ppeals.
§ 9.18. Powers of Board of Zoning Apeals.—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.
(b) To grant variations in the regulations when a property owner
can show that his property was acquired in good faith and where by reason
of the exceptional narrowness, shallowness 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
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 distinguished 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 regulations and
restrictions, provided such exceptions shall by their design, construction
and operation adequately safeguard the health, safety and welfare of the
occupants of the adjoining and surrounding property, shall not unreason-
ably impair an adequate supply of light and air to adjacent property, shall
not increase public danger from fire or otherwise unreasonably affect
public safety, and shall not diminish or impair the established property
values in surrounding areas:
(1) Use of land or erection or use of a building or structure by a
public service corporation for public utility purposes exclusively which
ne poune 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 pre-
scribed for the district in which they are located, which have been damaged
by explosion, fire, act of God or the public enemy, to the extent of more
than sixty per cent of their * fair market value as established by the
opinion of three disinterested appraisers to be appointed by the city
council, when the board finds some compelling public necessity for a
continuance of the use and such continuance is not primarily to continue
@ monopoly, provided that nothing herein shall relieve the owner of any
such building or structure from obtaining the approval of such recon-
struction 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, deci-
sion, 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 con-
curring 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 * render a written decision
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 reconsidera-
tion, render a decision by formal resolution.
§ 10.01. Election of Councilmen.—On the second Tuesday in June
1952 and on the second Tuesday in June every third year thereafter there
shall be held a general city election at which shall be elected by the quali-
fied 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; said election
shall be held in accordance with the general laws of the Commonwealth
relating to elections.
§ 10.02. Filling of Council Vacancies.—Any vacancy in the member-
ship 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. * The election shall be conducted and
the results thereof ascertained in the manner provided by law for the
conduct of general elections and by the regular election officials of the
city. 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.
§ 11.01. City Attorney. (a) The city attorney shall be an attorney
at law licensed to practice under the laws of the Commonwealth and
shall have actively practiced his profession therein for at least five
years immediately preceding his filing for election or application for
appointment. , .
(b) At the regular municipal election to be held in said city on the
second Tuesday in June, 1952, and every three years thereafter, there
shall be elected a city attorney for terms of three years beginning on the
first day of September next succeeding his election 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.
(c) The entire compensation of the city attorney shall be fixed by
the council on a salary basis; provided, that the salary shall not be less
than * five thousand dollars per annum.
§ 12.02. Juvenile and domestic Relations Court; Judge.—The judge
of the juvenile and domestic relations court shall be appointed in the
manner prescribed by the general laws of this Commonwealth relating to
juvenile and domestic relations courts. The person who shall be incum-
bent as judge of the juvenile and domestic relations court at the effective
date of this charter amendment shall serve for the remainder of the term
for which he shall have been elected or until his successor shall have been
appointed and qualified. *
§ 14.01. * At the regular municipal election to be held in said
city on the second Tuesday in June, 1952, and every three years there-
after, there shall be elected a city collector for terms of three years
beginning on the first day of September next succeeding his election and
in case of vacancy hereafter occurring in the office of city collector tt
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
eacancy in the manner prescribed by the general election laws of this
é.
§ 14.02. * The entire compensation of the city collector shall be
fixed by the council on a salary basis; provided, that the salary shall not
be less than five thousand dollars per annum.
§ 14.3. .* 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 18 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 public 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 through 5.27, both
inclusive.
§ 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 * director of finance shall
be the custodian of all personnel surety bonds.
§ 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, * such officer, judge or member shall continue
to hold office until his successor is elected or appointed and qualified.
CHAP 16
* TRANSITIONAL PROVISIONS
2. That §§ 10.03, 10.04 and 10.05 of Chap 536 of the Acts of Assembly
of 1950, approved April 7, 1950, be repealed.