CHAPTER 560

An Act to amend and reenact §§ 6.02, 6.14 and 6.19, and 7.02 and 19.01 as
amended, of Chapter 328 of the Acts of Assembly of 1950, approved
April 4, 1950, being the charter of the city of Falls Church, which
sections relate to certain budget procedures and the civil and police
justice; and to repeal § 21.05 of the said chapter, relating to an acting
city manager.
[S 188]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 6.02, 6.14 and 6.19, and 7.02 and 19.01 as amended, of Chap-
ter 323 of the Acts of Assembly of 1950, approved April 4, 1950, be
amended and reenacted as follows:

§ 6.02. Submission of Budgets.—On a day to be fixed by the council,
but in no case later than the first * council meeting in May in each year,
the city manager shall submit to the council: (a) separate current ex-
pense budgets for the general operation of the city government, hereinafter
referred to as the general fund budget, including the total budget for the
support of public schools as filed with him by the school board, and for
each utility as defined in Chapter 13 of this charter; (b) a budget message
and the budget message of the school board; and (c) a capital budget,
including the capital budget, if any, of the school board.

§ 6.14. School Operating Budget.—lIt shall be the duty of the school
board to file its operating budget estimates with the city manager or with
the director of finance. The action of the council on the school budget shall
relate to its total only and the school board shall have authority to expend
in its discretion the sum appropriated for its use, provided that if it re-
ceives an appropriation greater or less than its original request it shall
forthwith revise its estimates of expenditure and adopt appropriations in
accordance therewith. The school board shall have power to order during
the gone of the fiscal year transfers from one item of appropriation to
another.

§ 6.19. Capital Budget.—At the same time that he submits the cur-
rent expense budgets, the city manager shall submit to the council a pro-
gram previously acted upon by the city planning commission, as provided
in Chapter 17 of this charter, of proposed capital improvement projects,
including schools, as defined in § 7.02 of this charter, for the ensuing fiscal
year and for the four fiscal years thereafter, with his recommendations as
to the means of financing the improvements proposed for the ensuing fiscal
year. The school board * shall submit * to the council a capital budget when
capital improvements are contemplated for the ensuing 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, and except to meet needs for capital improve-
ments arising out of annexation of additional territory taking effect during
the current or preceding fiscal year and except to meet needs for capital
improvements which could not reasonably have been foreseen at the time
of adoption of the capital budget, the council shall not authorize any capital
improvement project or make any appropriation therefor unless the ap-
propriation for such project is included in the capital budget as adopted by
it. The council shall take final action on the capital budget not later than
the twenty-eighth day after the adoption of the general fund budget. No
appropriation for a capital improvement project contained in the capital
budget shall lapse until the purpose for which the appropriation was made
shall have been accomplished or abandoned, provided that any project shall
be deemed to have been abandoned if three fiscal years elapse without any
expenditure from or encumbrance of the appropriation therefor. Any such
lapsed appropriation shall be applied to the payment of any indebtedness
incurred in financing the project concerned, and if there be no such indebt-
edness shall be available for appropriation in the next capital budget.
§ 7.02. Purposes for Which Bonds or Notes May Be Issued.—(a)
To finance capital projects. Bonds, and notes in anticipation of bonds
when the issue of bonds has been authorized as hereinafter provided, may
be issued for the purpose of financing the whole or any part of the cost
of any capital improvement project which is hereby defined to include any
public improvement project or utility which the city is authorized to under-
take, including the acquisition of any property, real or personal, incident
thereto, the construction or reconstruction in whole or in part of any
building, plant, structure or facility necessary or useful in carrying out the
powers of the city, and the equipment or reequipment of the same.

(b) To anticipate the collection of revenue. Notes may be issued, when
authorized by the council, at any time during the fiscal year in anticipation
of the collection of any or all revenue not to exceed seventy-five per cent
of such estimated revenue for the fiscal year.

(c) To finance increased operating expenses. Notes to be repaid with-
in four years of the date of issuance may be issued when authorized by the
council for the purpose of meeting increased operating expenses, including
debt service, provided, however, that no notes shall be issued pursuant to
the authority of this section after January 1, 1955.

(d) Temporary debt for capital outlay. The council may issue notes
and may issue revenue * bonds to capitalize water, sewer and land for
municipal parking areas not exceeding * five hundred thousand dollars
when, by * an affirmative vote of * not less than five members of the
council, the council has passed a resolution declaring it expedient to
do so, and when the creating of the debt thereby provided for is for
the purpose of installing, or extending, one or more of such public
utilities, or for the acquisition and improvement of parking areas,
which constitute an asset, or assets, at least equal in value to the amount
expended thereon, which utility, or utilities, shall materially add to the
service rendered by the city to its taxpayers and other citizens.

(e) To provide for emergency expenditures. Notes may be issued to
finance an appropriation for the purpose of meeting a public emergency, as
provided in subsection (d) of § 2.02 of this charter, when authorized by
the ordinance making such appropriation. Notes so issued shall be au-
thenticated by the signature of the director of finance and shall mature not
later than twelve months after the date of issue. Bonds may be issued,
when authorized as hereinafter provided, for the purpose of funding such
notes or other obligations incurred in accordance with such appropriation.

(f) To refund outstanding bonds. Bonds may be issued, when au-
thorized as hereinafter provided, for the purpose of refunding bonds, pro-
vided that the director of finance shall certify in writing that such refund-
ing is necessary to prevent default on the interest or principal of the
city’s or the school board’s outstanding bonds or to secure a lower rate
of interest.

§ 19.01. The council shall elect at the first regular meeting of the
council in September * 1956 and every * four years thereafter, a civil
and police justice, who shall be judge of the Municipal Court * , and who
shall be an attorney at law licensed to practice under the laws of the
Commonwealth but * not necessarily a resident of the city.

2. § 21.05 of Chapter 323 of the Acts of Assembly of 1950, approved
April 4, 1950, is repealed.
8. An emergency exists and this act is in force from its passage.