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
Volume | 1960 |
---|---|
Law Number | 481 |
Subjects |
Law Body
CHAPTER 481
An Act to provide a charter and form of government for the city of
Arlington, and to provide for the adoption thereof; to repeal Chap.
464, Acts of Assembly 1942, approved April 6, 1942, and Chap.
367, Acts of Assembly 1946, approved March 28, 1 946, incorporating
the city of Arlington.
[H 278]
Approved March 31, 1960
Be it enacted by the General Assembly of Virginia:
1. § 1.01. Incorporation. The inhabitants of the territory comprised
within the hereinafter defined limits are hereby declared to be a body
politic and corporate under the name of the city of Arlington and as such
shall have perpetual succession, may sue and be sued, contract and be
contracted with, and have a corporate seal it may alter at its pleasure.
§ 1.02. Boundaries. The boundaries of the city of Arlington shall
coincide with the boundaries of Arlington County as such boundaries
existed immediately preceding the effective date of this charter.
There shall also be included in the boundaries of the city any terri-
tory ceded to the Commonwealth of Virginia by any government or agency
thereof between the points where the northwest boundary of the city inter-
sects with the Potomac and where the southeast boundary of such city
intersects such River and such city shall include within its boundaries any
territory added between the two such points by artificial fills, alluvion,
erosion or otherwise.
ARTICLE TWO
POWERS OF THE CITY OF ARLINGTON
§ 2.01. Corporate Powers. The powers set forth in §§ 15-77.1
through 15-77.70 of Chap. 5.1 of the Code of Virginia as in force on
(date on which charter is enacted) are hereby conferred on and vested in
the city of Arlington.
ARTICLE THREE
THE CITY COUNCIL
§ 3.01. The Council. The city of Arlington shall be governed by a
city council which shall be composed of five members who shall be qualified
electors of the city.
§ 3.02. Election of Councilmen. The persons holding office as mem-
bers of the county board of Arlington County at the time this charter
becomes effective shall constitute the council of the city of Arlington and
shall continue to constitute the council until the election and qualification
of their successors as hereinafter provided. :
On the second Tuesday in June immediately following the effective
date of this charter a city election shall be held for the purpose of electing
city councilmen. At this first city election there shall be elected a number
of councilmen sufficient to replace those members of the council who served
as members of the former county board and who, as of the thirtieth day
of June immediately following the effective date of this charter, will have
served more than 24 months of the respective terms for which they were
originally elected. Two years after the first city election another election
shall be held for the purpose of replacing the remaining members of
council who served as members of the former county board. Every two
years thereafter an election shall be held for the purpose of electing city
councilmen.
All councilmen elected in accordance with the provisions of this sec-
tion shall be elected from the city at large for terms of four years and
shall take office on the first day of July immediately following their
election.
§ 3.08. Filling Vacancies on Council. Vacancies on council, from
whatever cause arising, shall be filled for the unexpired portion of the
term by majority vote of the remaining members of council if such vacancy
shall occur two years or less before the date of the expiration of such
term. If such vacancy shall occur more than two years before the expira-
tion of such term, the vacancy shall be filled by majority vote of the
remaining members of council only until the next succeeding council-
manic election, at which election the qualified voters of the city shall elect
@ person to serve as councilman for the remaining two years of the term.
§ 8.04. Compensation of Councilmen. The annual salary of the
members of council shall be three thousand dollars, payable in equal month-
ly installments. The council, by ordinance, may change such salary, increas-
ing or decreasing the annual amount thereof, but no change shall be effec-
tive as to any member of the council enacting such ordinance during his
current term of office nor during his next succeeding term of office unless
said ordinance was adopted at least six (6) months prior to such succeed-
ing term of office.
§ 8.05. Powers of Council. All powers possessed by the city of
Arlington shall be vested in the city council, except as otherwise provided
in this charter.
§ 8.05:1. Procedural Powers. The council is empowered, subject to
the provisions of this charter, to adopt its own rules of procedure.
(a) The rules of procedure shall provide for the time and place of
holding the regular meetings of council which shall not be less frequently
than once each month, and shall also provide for the calling of special
meetings by any two members of the council and shall prescribe the
method of giving notice thereof.
(b) An ordinance to be enacted into law shall require the affirmative
vote of a majority of the membership of council. Except as otherwise pro-
vided, every ordinance, before being enacted into law, shall be published
either in substance or in summary, at least one week prior to the date the
ordinance will be considered for adoption, in a newspaper having general
circulation within the city of Arlington. With such publication there shall
appear a notice of the time and place the proposed ordinance will be con-
sidered for adoption. Whenever it is deemed necessary by four-fifths of the
membership of council, a proposed ordinance may be enacted into law
without prior publication.
(c) Every act of the council authorizing the borrowing of money,
levying a tax, establishing any rule or regulation for the violation of
which a fine or penalty is imposed, or placing any burden upon or limit-
ing the use of property, or any other action binding upon the citizens of
the city shall be by ordinance and shall be enacted only at a council meet-
ing open to the public.
(d) A majority of the council shall constitute a quorum for the
transaction of business.
. Mayor. At its first regular meeting and every two years
thereafter, the council shall choose, by majority vote, one of its members
to serve as mayor of the city of Arlington for the ensuing two years. The
mayor shall serve as chairman of the council, head of the city government
for ceremonial purposes, and shall have such other duties as the council
may 1 prescribe which are not inconsistent with the provisions of this
charter.
§ 3.07. Clerk of Council. The council shall appoint, for an indefi-
nite term, a person to serve as clerk of the council. The clerk shall receive
such compensation and perform such duties as may be prescribed by
council.
ARTICLE FOUR
THE CITY MANAGER
§ 4.01. The City Manager. The council shall appoint a city man-
ager who shall be the executive and administrative head of the city gov-
ernment. The city manager shall be chosen solely on the basis of his
executive and administrative abilities; he shall serve at the pleasure of the
council; and, his compensation shall be determined by the council.
No member of the council shall, during his term of office or for one
year thereafter, be appointed city manager, nor shall any person holding
an elective office of the city be appointed city manager.
§ 4.02. Powers of the City Manager. The city manager shall have
the power and it shall be his duty to: .
(a) Appoint and remove all officers and employees in the adminis-
trative service of the city, except as he may designate his subordinates to
appoint employees, and except as otherwise provided by this charter.
b) Prepare and submit to council each year an annual budget, and
execute such budget as adopted by council.
(c) Perform such other duties and exercise such other powers as may
be imposed or conferred upon him by council which are not inconsistent
with the provisions of this charter.
ARTICLE FIVE
DEPARTMENTAL ORGANIZATION
§ 5.01. Department of Finance. There shall be a department of fi-
nance, the head of which shall be a director of finance, who shall be ap-
pointed by the city manager.
The director of finance shall be the administrative head of the depart-
ment, and as such shall have charge of all financial affairs of the city,
including such powers as may be assigned to the department of finance
by the city council.
5.02. Department of Law. (a) There shall be a department of
law which shall be under the direction of a city attorney to be appointed
by the city council.
(b) The city attorney shall be the legal advisor of the council, the
city manager, and all other agencies, departments, boards and commis-
sions of the city in all matters affecting the interests of the city. He shall
represent the city and all agencies thereof in all legal proceedings and
shall perform such other duties as may be required by council. He shall,
upon request, furnish a written opinion on any question of law involving
the city or any of its agencies. He shall draw or approve all bonds, deeds,
leases, contracts or other instruments to which the city is a party or in
which it has an interest. He shall attend all meetings of the city council
and render legal advice when requested and shall represent the city before
the council and shall resist the allowance of any claim which is improper.
(c) Such assistant attorneys as may be authorized by council shall
be appointed or removed by the city attorney. The salary of the city attor-
ney shall not be diminished during his term of office.
(d) The city attorney shall be appointed by the city council to serve
a four year term beginning on the first day of January next succeeding
the date of incorporation of the city of Arlington; provided, however, that
the city council may appoint a city attorney to serve until the commence-
ment of the term herein created.
§ 5.038. Department of Home Demonstration. There may be a de-
partment of home demonstration which shall consist of a home demon-
stration agent and such assistants and employees as may be authorized
by council. The city shall have and may exercise all powers which are
now or may hereafter be conferred upon counties under the laws of the
Commonwealth pertinent to the conduct of, and appropriations to promote,
county home demonstration work.
The home demonstration agent shall be director of the department
of home demonstration and shall be selected from a list of eligibles sub-
mitted by the Virginia Polytechnic Institute.
§ 5.04. Department of Personnel. There shall be a department
of personnel which shall be headed by a director of personnel appointed
by the city manager from a list of persons found qualified through open
competitive examination held by the civil service commission of the city.
It shall be the duty of the director of personnel to carry into effect
the provisions of the merit system ordinance to the end that the personnel
practices of the city shall be conducted in accordance therewith.
§ 5.05. Civil Service Commission. There shall be a civil service
commission which shall consist of three members, who shall be qualified
voters of the city, appointed by the council for terms of four years.
Vacancies on the civil service commission shall be filled by majority vote
of the council for the remainder of the unexpired term. __
The civil service commission shall serve in an advisory capacity
regarding the formulation of personnel policies of the city and shall
perform such specific duties as are set forth in the merit system ordinance.
Those persons serving as members of the civil service commission of
Arlington County immediately preceding the effective date of this charter
shall, on the date this charter becomes effective, become the members of
the civil service commission of the city of Arlington and serve out the
terms for which they were originally appointed.
§ 5.06. Planning Commission. There shall be a city planning com-
mission which shall consist of nine members, who shall be qualified voters
of the city, appointed by the council for terms of four years. Vacancies
shall be filled by a majority vote of the council for the remainder of the
unexpired term.
The planning commission of the city of Arlington shall have all
powers granted by general law to planning commissions of municipalities.
Those persons serving as members of the planning commission of
Arlington County immediately preceding the effective date of this charter
shall thereupon become members of the planning commission of the
city of Arlington and serve out the terms for which they were originally
appointed.
§ 5.07. Board of Zoning Appeals. There shall be a board of zoning
appeals for the city of Arlington which shall consist of five members
appointed for four-year terms by the city council.
Upon the effective date of this charter the board of zoning appeals of
Arlington County shall become the board of zoning appeals of the city of
Arlington, and the members of the county board of zoning appeals shall
continue to serve as members of the city board of zoning appeals for the
remainder of the terms for which they were originally elected.
§ 5.07:1. Powers of the Board of Zoning Appeals. The board of
zoning appeals of the city of Arlington shall have all powers granted to
boards of zoning appeals of cities by general law, and in addition, the
council may vest in the board of zoning appeals the power to hear and
decide on the issuance and renewal of use permits as authorized in local
zoning ordinances.
§ 5.07:2. Appeals From Actions of the Board of Zoning Appeals.
Appeals from any action of the board of zoning appeals of the city of
Arlington may be taken to the circuit court of the city of Arlington in the
manner prescribed by general law.
§ 5.08. Welfare. The Department of Welfare shall be organized as
provided by general law.
§ 5.09. The School Board. The school board of the city of Arling-
ton shall consist of five members who shall be appointed by council for
terms of four years, and shall receive such compensation as may be deter-
mined by council.
Upon the effective date of this charter the school board of Arlington
County shall become the school board of the city of Arlington, and the
members of the school board of the county shall continue to serve as
members of the city school board for the remainder of the terms for which
they were originally appointed.
5.10. Board of Equalization of Real Estate Assessments. There
shall be a board of equalization of real estate assessments which shall con-
sist of three citizen members appointed annually by the council. The board
of equalization of real estate assessments shall possess all powers con-
ferred by general law upon such boards in cities.
Upon the date this charter becomes effective the persons who are then
members of the board of equalization of real estate assessments of Arling-
ton County shall become the members of such board of the city of Arling-
ton and shall continue to serve in such capacity for the remainder of the
terms for which they were originally appointed.
§ 5.11. Basic Power to Council. Notwithstanding any of the fore-
going provisions, the city council shall have the power to create, combine,
or abolish departments, boards, commissions, advisory councils, and other
agencies of the city government, and shall have the power to transfer,
reassign, or combine any of the functions and activities of any department
or other agency unless prohibited by general law, except that the council
shall not have the power to abolish, transfer or combine the functions of
the Departments of Finance or Law.
ARTICLE SIX
FINANCIAL AFFAIRS OF THE CITY OF ARLINGTON
§ 6.01. The Fiscal Year. The fiscal year of the city of Arlington
shall begin on the first day of July and end on the thirtieth day of June
of the succeeding year.
§ The Budget. Not later than the fifteenth day of March
annually, the city manager shall prepare and submit to the council a budget
presenting a financial plan for conducting the affairs of the city for the
ensuing fiscal year; provided, however, that that portion of the budget
relating to the school system shall be prepared and submitted to the
council by the school board.
The budget shall be set up in such manner, and include such infor-
mation, as the council, by ordinance, shall require. A public hearing con-
cerning the budget shall be held and notice thereof given, and after such
hearing the budget shall be adopted by an affirmative vote of a majority
of the membership of council, provided that the date of adoption not be
later than forty-five days prior to the beginning of the fiscal year. Nothing
herein contained shall be construed to be in conflict with Chapter 79, Acts
of the Assembly, Special Session 1959.
§ 6.08. Appropriations.—The council shall enact, at the time the
budget is adopted, an appropriation ordinance, the purpose of which shall
be to appropriate funds for commitments provided for in the budget, and
no obligation for the expenditure of money shall be incurred except in
pursuance of the appropriation ordinance or a legal supplement thereto;
provided, however, that the appropriation ordinance shall appropriate for
school purposes only a total amount, and the school board shall have the
authority to expend, in its discretion, the total appropriated for school
purposes.
§ 6.04. Payment of Taxes. Any person, other than a public service
corporation, owning taxable real property in the city of Arlington shall
pay, on or before August fifteenth of each year, the taxes assessed against
such real property for that year, and upon failure to do so shall incur a
penalty as prescribed by generallaw.
§ 6.05. Referendum on Bonds. No bonds of the city of Arlington
shall be issued until the question of issuance is submitted to the qualified
voters of the city at a general or special election and shall have been
approved by a majority of the qualified voters voting on the question. The
question shall be submitted to the voters in the form of approval or dis-
approval of an ordinance which shall state the purpose or purposes of
such bond issue or issues, the amount or amounts thereof, and the length
of time for which such bonds are to be issued. The conduct of such election
and the proceedings thereof shall be determined by general law.
§ 6.06. Annual Audit. After the close of each fiscal year there
shall be made an independent audit of the city’s finances, either by the
Auditor of Public Accounts of the Commonwealth or by a firm of inde-
pendent certified public accountants to be selected by the council. The
report of such audit shall be filed with the council at such time as the
council may specify.
ARTICLE SEVEN
COURTS OF THE CITY OF ARLINGTON
§ 7.01. Circuit Court. Upon incorporation the city of Arlington as
herein created shall, at all times, be, become, and continue, in every
respect, within the jurisdiction of the circuit court of the judicial circuit
wherein it is situated. The said court shall continue and shall, thereafter,
be known as the circuit court of the city of Arlington and shall] have the
same jurisdiction in the city of Arlington as is given by general law to the
circuit courts of other cities of the first class in this State.
§ 7.01:1. Judges of the Circuit Court. Those persons who hold
office as the judges of the circuit court of Arlington County immediately
preceding incorporation shall thereby become and continue to be Judges
of the circuit court of the city of Arlington for the terms of their original
appointments. They shall continue to hold said offices in all respects in
accordance with the general laws of Virginia which relate to the office of
judge of circuit courts of cities of the first class. Upon the expiration of
their terms or in the event of vacancies in said offices, the offices shall be
filled in the manner then provided by general law.
§ 7.01:2. Transition of Circuit Court. All actions of every kind,
criminal as well as civil, pending in the circuit court of the county at the
effective date of incorporation shall thereupon and thereby retain an iden-
tical status in the circuit court of the city. Such actions shall automatically
be transferred to, and shall proceed to final judgment in, the latter court.
The circuit court of the city shall have full authority to issue writs,
enforce judgments and decrees and exercise every manner of judicial
function in relation to former actions in the circuit court of the county,
as though no change had been made in the status of the latter. All prose-
cutions of whatever nature and all other proceedings of whatever kind
which might have been brought in the circuit court of the county may be
instituted or brought in the circuit court of the city.
§ 7.02. Municipal Court. The county court of Arlington County
shall, upon the date this charter becomes effective, become and continue
to be the municipal court of the city of Arlington. Said court shall have
both civil and criminal jurisdiction, and shall have such other judicial
powers as are conferred by general law on municipal courts. The municipal
court shall be open for the transaction of business every day of the year
except Saturdays, Sundays, legal holidays and such days or portions
thereof on which the office of the Clerk of the Circuit Court is closed by
order of such Court.
§ 7.02:1. Judges of the Municipal Court. There shall be a judge of
the municipal court of the city of Arlington and such associate and sub-
stitute judges as may be deemed necessary by the council. The judges of
said court shall be appointed for terms of four years by the circuit court
of the city of Arlington or the judges thereof in vacation, and appoint-
ments to vacancies shall be for the unexpired term. The judge and asso-
ciate or associates shall not practice law; their salaries shall not be dimin-
ished during their term of office; and they each shall have an annual
vacation of one month. Each substitute judge shall receive for his services
a per diem compensation equivalent to one-twenty-fifth of the monthly
installment of the salary of the judge.
Those persons who hold office as judges of the county court of Arling-
ton County immediately preceding the effective date of this charter shall
thereby become and continue to be judges of the municipal court of the
city of Arlington for the terms of their original appointments. .
§ 7.02:2. Transition of Municipal Court. All actions of every kind,
criminal as well as civil, pending in the county court of the county at the
effective date of incorporation shall thereupon retain an identical status
in the municipal court of the city. Such actions shall automatically be
transferred to, and shall proceed to final judgment in the latter court. All
prosecutions of whatever nature and all other proceedings of whatever
kind which may have arisen before the effective date of incorporation
and which might have been brought in the county court of the county may
be instituted or brought in the municipal court of the city.
§ 7.03. Juvenile and Domestic Relations Court. The juvenile and
domestic relations court of Arlington County shall, upon the date this
charter becomes effective, become and continue to be the juvenile and
domestic relations court of the city of Arlington, and said court shall
possess the same jurisdiction and powers as are conferred by law upon
juvenile and domestic relations courts of cities.
§ Judges of the Juvenile and Domestic Relations Court. The
circuit court of the city of Arlington or the judges thereof in vacation shall
appoint for four-year terms, a judge or judges of the juvenile and domestic
relations court, and appointments to vacancies shall be for the unexpired
term. The person holding the office of judge of the juvenile and domestic
relations court of Arlington County at the time this charter becomes effec-
tive shall thereupon become and continue to be the judge of the juvenile
and domestic relations court of the city of Arlington.
§ 7.038: Transition of the Juvenile and Domestic Relations Court.
All actions of every kind which are pending in the juvenile and domestic
relations court at the effective date of incorporation shall thereupon retain
the same status in the said court of the city.
§ 7.04. Clerks of Courts. The person holding the office of County
Clerk of Arlington County shall, upon the effective date of this charter,
become the Clerk of the Circuit Court of the City of Arlington, and shall
have such powers, functions and duties as Clerk of the Circuit Court of
the city as are provided by general law for cities of the first class and
such officer shall continue in said office for the term for which he was
elected. The person holding the office of Clerk of the Arlington County
Court and the person holding the office of the Clerk of the Juvenile and
Domestic Relations Court of Arlington County, shall, upon the effective
date of this charter, become, respectively, the Clerk of the Municipal Court
and the Clerk of the Juvenile and Domestic Relations Court of the City of
Arlington, and shall have, respectively, such powers, functions and duties
as are provided by general law for clerks of such courts for cities of the
first class, and such officers shall continue in said offices for the terms for
which they were appointed.
§ 7.05. Clerk of Courts Not of Record. The council may, in its
discretion, by ordinance, provide for the appointment by the judges of all
municipal courts not of record of a single clerk for all such courts, or it
may provide for the appointment of a separate clerk for each court not
of record.
§ 7.06. Transfer of Records. Upon the effective date of this charter,
all records and papers of the Arlington County courts not of record shall
Meee to the appropriate courts not of record of the city of
ington.
_ § 7.07. Special Justices and Violations Bureau. The judges of the
Circuit Court of the city may, from time to time, appoint as many special
justices for such city as they deem necessary or proper to perform the
duties and exercise the powers set out herein. The terms of office of all
such special justices, including those now in office, shall expire on March
one, nineteen hundred fifty-nine, and on March one of each fourth year
thereafter. Such appointments shall be revocable at the pleasure of the
appointing authority. Such special justices shall qualify in the same man-
ner as is prescribed by law for justices of the peace, and shall be con-
servators of the peace within such city. They shall exercise within such
city all the power and authority which is conferred upon justices of thc
peace by general law except the power to issue civil processes. When any
court violations bureau shall be duly established, then such special justices
shall also be employees of the city for the purpose of performing the
duties and functions of such bureau and shall be subject to all such general
administrative regulations governing city employees as may be reason-
ably applied to such special justices and the judge of the municipal court
of such city shall have the power of the chief administrative officer of such
bureau and shall have general power to suspend any special justice without
pay for a period not to exceed twenty days for any breach of rules or
procedures; provided, however, that said power of suspension shall not
be exercised unless and until an order of the circuit court has been
entered delegating to the judge of the municipal court such general dis-
cretionary power of suspension and setting forth therein provision for
review by the circuit court of any abuse of such discretion. The salaries
of special justices shall be fixed and paid by the governing body of the city,
in which event all fees collected by such justices or to which they shall
be entitled shall be paid monthly into the city treasury and used as far as
possible to pay such salaries. After the appointment of such special jus-
tices for the city, no justice of the peace shall thereafter be elected or
appointed for the city. Special justices holding office upon the effective
date of this charter shall continue in office in accordance with their pre-
ceding appointments.
ARTICLE EIGHT
PROVISIONS FOR TRANSITION
§ 8.01. Assets and Liabilities. On and after the date that this
charter becomes effective, the city of Arlington shall become and be liable
for the bonded indebtedness and other current debts and obligations of
Arlington County, or any subdivision or district thereof, as such obligations
existed immediately preceding incorporation. The title to all the property,
all rights and privileges, all things of value, all monies and other assets
of the said county or any subdivision or district thereof, shall succeed to
and become the property of the city of Arlington. In the same manner and
to the same extent as provided above, all property, rights and privileges,
things of value, and other assets, and all bonded and other debts, obliga-
tions, and other liabilities of the school board of the county, at the time
said county becomes a city, shall vest in the school board of the city of
Arlington.
§ 8.02. _Retirement System. All pension and retirement plans in
effect in Arlington County immediately prior to the effective date of this
charter shall, upon incorporation, be automatically continued, and such
pension and retirement plans shall be conducted and administered in the
same manner and under the same laws as such plans were conducted and
administered prior to incorporation.
All legal obligations existing by reason of any pension or retirement
plan in Arlington County in effect immediately prior to incorporation shall
pe intr upon incorporation, from Arlington County to the city of
rlington.
§ 8.03. County Code. All laws, parts of laws, ordinances and reso-
lutions adopted by the county board of Arlington County, not in conflict
with this charter or the Constitution of the Commonwealth, are hereby
continued in full force and effect as laws, parts of laws, ordinances and
resolutions of the city council of the city of Arlington, until amended or
repealed in accordance with the provisions of this charter. |
§ 8.04. Constitutional Officers. Those persons holding office in Ar-
lington County as county clerk, attorney for the Commonwealth, commis-
sioner of the revenue, treasurer, and sheriff, respectively, immediately
preceding incorporation, shall, by virtue of such incorporation, become,
respectively, clerk of circuit court, attorney for the Commonwealth, com-
missioner of the revenue, treasurer, and city sergeant of the city of Arling-
ton, and shall continue to hold such offices until the expiration of the
respective terms for which they were originally elected.
The above mentioned constitutional officers shall have such powers and
perform such duties as are provided by the Constitution of Virginia; and,
except as is otherwise provided in this charter, as are provided by the
provisions of general law for cities of the first class.
§ 8.05. Boards, Commissions, and Other Agencies. All boards, com-
missions, and other agencies of Arlington County, not specifically mentioned
in this charter, shall, upon the effective date of incorporation, become and
continue to be the same boards, commissions, and other agencies of the city
of Arlington, and the officers who constituted said county boards, commis-
sions, and other agencies shall continue to serve as members of the city
boards, commissions, and other agencies for the remainder of the terms
for which they were originally elected or appointed, whichever the case
may be, or until their successors have been duly elected or appointed and
qualified, or until the boards, commissions, or other agencies on which they
serve may be reorganized, combined, or abolished by the city council.
§ 8.06. Notaries Public. Until such time as the Notaries Public for
Arlington County shall be commissioned as Notaries Public for the city
of Arlington, all instruments certified by a Notary commissioned for Ar-
lington County shall be valid to the same extent as if such Notary had been
commissioned for the city of Arlington.
§ 8.07. Representation in the General Assembly. The incorporation
of Arlington County as a city of the first class under the provisions of this
charter shall in no way operate to affect or change the representation in
the General Assembly of Virginia to which the people of said county were
entitled at the time of its incorporation as a city.
§ 8.08. Membership in Intergovernmental Bodies. All rights, pow-
ers, liabilities, and benefits of Arlington County resulting by virtue of
membership in intergovernmental bodies shall inure to the city of Arlington
upon incorporation, and all representatives of Arlington County on such
intergovernmental bodies shall continue on such intergovernmental bodies
as representatives of the city, as if the city of Arlington had originally been
a party to the creation of such bodies.
ARTICLE NINE
MISCELLANEOUS PROVISIONS
§ 9.01. Saving Clause. In the event that any portion, section, or
provision of this charter shall be declared illegal, invalid, or unconstitu-
tional by final judgment of any court of competent jurisdiction, such judg-
ment shall not invalidate any other portion, section, or provision hereof,
but all parts of this charter not expressly held to be invalid shall remain
in full force and effect.
SCHEDULE
1. The provisions of this act providing a charter for the city of Arlington
shall not become effective as to Arlington unless a majority of the qualified
voters of Arlington County voting on the question in an election ordered
and held in the manner hereinafter provided, votes in favor of incor-
porating Arlington County as a city of the first class.
The circuit court of the county, or the judge thereof in vacation, shall,
within fifteen days after receipt of a request made by a resolution adopted
by the governing body of the county with at least three affirmative votes
on the County Board, or by a petition of the qualified voters of the county
in a number equal to not less than ten per centum of the votes cast in
said county at the last preceding gubernatorial election, enter an order
requiring the judges of election of said county at the next general election
to be held in said county not less than sixty days from the date of the
petition to open a poll and take the sense of the qualified voters of the
county on the question whether Arlington County shall be incorporated
as a city of the first class. .
Notice of the holding of such election shall be given by the posting
by the sheriff of Arlington County of one or more copies. of a notice in
such form as may be prescribed by the judge of the circuit court of
Arlington County, at each and every polling place in the county not less
than fifteen days prior to the date stated in said order of the circuit court,
or the judge thereof in vacation, directing said election to be held. The
ballots for use at such election shall be provided and distributed by the
electoral board of the county to the judges of election in the several voting
districts of the county, within the time and in the manner prescribed by
law, and on the day fixed by the order so made by the court, or judge, for
the holding of said election, the regular election officers of the county
shall open a poll and take the sense of the qualified voters of the county
on the question herein mentioned. Such election shall be held and con-
ducted in the manner prescribed by law for other elections, provided,
however, that the ballots for use at such election shall be printed to read
as follows:
Question: Shall Arlington County be incorporated as a city of the
first class?
[] For incorporation.
[] Against incorporation.
The ballots shall be counted and returns made and canvassed as
in other elections, and the results certified by the commissioners of elec-
tion to the clerk of the court, or the court or judge calling such election.
If it appears by the report of the commissioners of the election that
a majority of the voters of the county voting on the question are in favor of
the incorporation of said county as a body politic and corporate, the county
clerk shall certify that fact to the circuit court or the judge thereof, where-
upon the court, or the judge thereof in vacation, shall enter of record an
order directing that the government and corporate existence of Arlington
County shall cease and determine at the beginning of the second day of the
next calendar year thereafter, at which moment the city of Arlington shall
become a legal entity, and the new city charter and city government pro-
vided by this Act shall become effective.
If the people of Arlington County vote against incorporation, other
subsequent elections may be called and held on the same questions and in
the same manner as herein provided for the first election, except that no
election shall be held within one calendar year of the last preceding elec-
tion on the same question.
2. Chapter 464, Acts of Assembly of 1942, approved April 6, 1942 and
Chapter 367, Acts of Assembly 1946, approved March 28, 1946, relating
to the incorporation of Arlington County as a city of the first class, are
repealed.
3. An emergency exists and this act is in force from its passage.