CHAPTER 288

An Act to amend and reenact §§ 2.04, 4.08, 6.07, 7.05, 9.09, 9.11, 9.12, 10.02,
13.03, 14.038 and 15.10, as severally amended, of Chapter 586 of the
Acts of Assembly of 1950, as amended, which chapter provided the
charter for the city of Alexandria, the sections relating to powers
of the City Board of Review of real estate assessments, appropria-
tion and tax ordinances, form of bonds, zoning powers, duties of city
planning commission concerning zoning, powers of council in relation
to zoning, vacancies on council, alternative condemnation procedures,
powers and duties of city collector, and school board; and to further
amend chapter 586 of the Acts of Assembly of 1950, by adding a sec-
tion numbered 5.28 providing for a deputy city treasurer. s 168

[S 163]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.04, 4.08, 6.07, 7.05, 9.09, 9.11, 9.12, 10.02, 13.03, 14.03 and
15.10 as severally amended, of Chapter 536 of the Acts of Assembly of
1950, as amended, be amended and reenacted, and that such chapter
536 be further amended by adding a section numbered 5.28, the amended
and new sections being as follows:

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

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

(b) To regulate the construction, maintenance, repair and demoli-
tion of buildings and other structures and the plumbing, electrical, heat-
ing, elevator, escalator, boiler, unfired pressure vessel, and air condi-
tioning installations therein, for the purpose of preventing fire and other
dangers to life and health; to establish fire zones and to prohibit the
construction of wooden buildings and wooden repairs and additions to
buildings.

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

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

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

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

(gz) To regulate the operation of motor and other vehicles and
exercise control over traffic in the streets of the city and provide pen-
alties for the violation of such regulations, provided that ordinances or
administrative regulations adopted by virtue of this subsection shall not
be inconsistent with the provisions of the motor vehicle code of Virginia.
All fines imposed for the violation of such ordinances and regulations
shall be paid into the city treasury.

- (h) To regulate, in the interest of public health, the production, prepa-
ration, distribution, sale and possession of milk, other beverages and foods
for human consumption, and the places in which they are produced, pre-
pared, distributed, sold, served or stored; regulate the construction, instal-
lation, maintenance and condition of all water and sewer pipes, connections,
toilets, water closets and plumbing fixtures of all kinds; regulate the con-
struction and use of septic tanks and dry closets, where sewers are not
available, and the sanitation of swimming pools and lakes; provide for
the removal of night soil, and charge and collect compensation for the
removal thereof; compel the use of sewers, the connection of abutting
premises therewith, and the installation in such premises of suitable sani-
tary facilities; regulate or prohibit connections to and use of sewers; pro-
vide for the quarantine of any person afflicted with a contagious or
infectious disease, and for the removal of such person to a hospital or
ward specially designated for contagious or infectious diseases; inspect
and prescribe reasonable rules and regulations, in the interest of pub-
lic health, with respect to private hospitals, sanatoria, convalescent
homes, clinics and other private institutions, homes and facilities for
the care of the sick, of children, the aged and the destitute; provide
and maintain hospitals and compel the removal of patients to the same;
require the registration of births in the city; and make and enforce all
regulations necessary to preserve and promote public health and sani-
tation and protect the inhabitants of the city from contagious, infectious
or other diseases.

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

(j) To regulate or prohibit the exercise of any dangerous, offen-
sive or unhealthful business, trade or employment, and the transpor-
tation of any offensive or dangerous substance.

(k) To regulate the light, ventilation, sanitation and use and oc-
cupancy of buildings heretofore or hereafter constructed, altered, re-
modeled or improved, and the sanitation of the premises surrounding
the same.

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

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

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

(o) To regulate or prohibit the manufacture, storage, transpor-
tation, possession and use of explosive or inflammable substances and
the use and exhibition of fireworks and discharge of firearms.

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

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

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

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

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

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

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

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

§ 4.08. Assessment and Equalization.

(a) The city manager shall provide for the annual assessment and
equalization of assessments of real estate for local taxation, and to that
end may establish a city real estate assessment office and appoint an
assessor to assess such real estate for taxation and to equalize such
assessments.

(b) The term of office, duties, compensation, clerical assistance and
allowances shall be as determined by the Council.

(c) All duties imposed and all powers conferred by law on the Com-
missioner of the Revenue with respect to the assessment of real estate
shall be transferred to the assessor appointed pursuant hereto, except
that the Commissioner of the Revenue shall continue to prepare the land
book and make disposition of the copies thereof as required by law. The
land book shall be prepared by the Commissioner of the Revenue on
the basis of the assessments made by the assessor and certified to him.
Transfers shall be verified by the Commissioner of the Revenue.

(d) All real estate shall be assessed at its fair market value as of
January first of each year by such assessor, and taxes for each year on
such real estate shall be extended by the Commissioner of the Revenue
on the basis of the last assessment made prior to such year, subject to
such changes as may have been lawfully made.

(e) Notwithstanding any of the provisions of §§ 58-895 and 58-899
to 58-901, inclusive, of the Code of Virginia, the corporation court of said
city or the judge thereof in vacation shall, annually, appoint for the city
a board of review of real estate assessments, to be composed of three
members, who shall be freeholders of said city. The terms of such mem-
bers shall commence on their appointment and shall expire on the thirtieth
day of November of the year in which they are appointed unless such
terms are extended. Such court or the judge thereof in vacation may
extend the terms of the members of the said board of review and shall
fill any vacancy therein for the unexpired term. The members of the said
board shall receive per diem compensation for the time actually engaged
in the duties of the board, to be fixed by the council of said city, and to
be paid out of the treasury of said city, provided, however, that the
council of said city may limit the per diem compensation to such number
of days as, in its judgment, is sufficient for the completion of the work
of the board.

Such board of review shall have and may exercise the power to
revise, correct and amend any assessments of real estate made by said
assessor in the year in which they serve, and to that end shall have all
the powers conferred upon boards of equalization by §§ 58-903 to 58-912,
inclusive, of the Code of Virginia. Notwithstanding any provision of said
sections, however, the board of review may adopt any regulations pro-
viding for the oral presentation, without formal petitions or other plead-
ings of requests for review, and looking to the further facilitation and
simplification of proceedings before the board.

Any person of said city aggrieved by any assessment made by said
assessor or board of review may apply for relief in the manner provided
by §§ 58-1145 to 58-1151, inclusive, of the Code of Virginia, provided,
however, that no person aggrieved by any assessment made by the assess-
or may apply for or be entitled to relief pursuant to said sections of the
Code of Virginia until the assessment complained of has first been re-
viewed by and acted upon by the board of review.

(f) This law shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

(g) All acts and parts of acts relating to the assessment of real
estate in cities not in conflict with the provisions hereof shall apply to
the assessments made hereunder. .

§ 5.28. Deputy city treasurer. — The city treasurer shall have the
power to appoint and remove a deputy city treasurer. The deputy city
treasurer shall have such powers and duties as the city treasurer may
lawfully authorize him to perform. The deputy city treasurer shall also
have the power to authenticate city bonds by manual signature when
the city council by resolution shall so determine.

§ 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 appro-
priation 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 in-
troduce any * proposals for altering the tax rate on real estate and per-
sonal property or other proposals for 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.

§ 7.05. Form of bonds. — All bonds issued pursuant to this charter
shall be paid in consecutive annual instalments, no one of which shall be
more than fifty per centum in excess of the smallest prior instalment.
The first annual instalment of any issue or of any block or series of
bonds shall be payable not later than * two years from the date of sale
of such issue or block or series thereof. Bonds shall be authenticated by
the manual signature of the City Treasurer or the deputy City Treasurer,
as the city council by resolution shall determine, and shall bear the facsi-
mile signature of the mayor and a facsimile of the seal of the city at-
tested by the facsimile signature of the city clerk. Should interest pay-
ments on such bonds be evidenced by coupons attached thereto, such
coupons shall be authenticated by the facsimile * signature of the mayor. *

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

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

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

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

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

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

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

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

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

(1) It may, in order to promote the general welfare through the
preservation and protection of historic places and areas of historic interest
in the city and through the preservation of the memorial character of the
George Washington Memorial Highway, provide for old and historic dis-
tricts in which no building or structure shall be erected, reconstructed,
altered, restored, or razed until approved by a Board of Architectural

eview.

(j) It may create a Board of Architectural Review which shall have
the power to pass upon the appropriateness of exterior architectural fea-
tures, including signs, of buildings and structures to be erected, recon-
structed, altered or restored in any old and historic district established in
the city and prohibit the razing of any building in such a district that
was erected prior to or during the year eighteen hundred forty-six and is
of such architectural or historical interest that its removal would be to
the detriment of the public interest. The Council shall establish standards,
rules, regulations and procedures for the operation of any such Board and
to carry out the purposes and provisions of subsection (i) above and of
this subsection (7); it shall provide for appeals to the City Council from
any final decision of the Board, which appeal shall stay the Board’s deci-
ston pending the outcome of the appeal before the Council. The Council,
on appeal, shall apply the same standards as those established for the
Board and may affirm, reverse or modify the decision of the Board, in
whole or in part. The City Council shall determine, by ordinance, the
parties entitled to appeal decisions of the City Council; such parties shall
have the right to appeal to the Corporation Court of the City for review
by filing a petition, at law, setting forth the alleged illegality of the City
Council’s action, provided such petition is filed within thirty (30) days
after the final decision ts rendered by the City Council. The filing of the
said petition shall stay the Council’s decision pending the outcome of the
appeal to the Court. Findings of fact by the Council shall be conclusive on
the court in any such appeal. The Court may reverse or modify the deci-
sion of the Council, in whole or in part, if it finds upon review that the
decision of the Council is contrary to law or that its decision is arbitrary
and constitutes an abuse of discretion, or it may affirm the decision of
Council.

In addition to the right of appeal hereinabove set forth, the owner
of a building or structure, the razing or demolition of which is subject to
the provisions of subsection (1) above and of this subsection (7), shall, as
a matter of right, be entitled to raze or demolish such building or struc-
ture provided that: (1) he has applied to the Board for such right and
has also been a party to an appeal from the Board’s decision to the Council,
(2) that the owner has for the period of time set forth in the time schedule
hereinafter contained and at a price reasonably related to its fair market
value, made a bona fide offer to sell such building or structure, and the
land pertaining thereto, to any person, firm, corporation, government or
agency thereof, or political subdivision or agency thereof, which gives
reasonable assurance that it 1s willing to preserve and restore the build-
ing or structure and the land pertaining thereto, and (3) that no bona
fide contract, binding upon all parties thereto, shall have been executed for
the sale of any such building or structure, and the land pertaining thereto,
prior to the expiration of the applicable time period set forth in the time
schedule hereinafter contained. Any appeal which may be taken to the
Court from the decision of the Council, whether instituted by the owner
or by any other proper party, notwithstanding the provisions heretofore
stated relating to a stay of the decision appealed from shall not affect
the right of the owner to make the bona fide offer to sell referred to in
this paragraph. No offer to sell shall begin more than one (1) year after
a final decision by the City Council. The time schedule for offers to sell
shall be as follows: 8 months when the offering price is less than
$25,000.00; 4 months when the offering price is $25,000.00 or more but
less than $40,000.00; 5 months when the offering price 1s $40,000.00 or
more but less than $55,000.00; 6 months when the offering price is
$55,000.00 or more but less than $75,000.00; 7 months when the offering
price is $75,000.00 or more but less than $90,000.00; and 12 months when
the offering price is $90,000.00 or more.

(j-1) To acquire, in the manner provided in Chapter 18 of this
Charter, areas, properties, lands, or any estate or interest therein, of old
and historic interest which, in the opinion of the Council, should be
acquired, preserved and maintained for the use, observation, education,
pleasure and welfare of the people; provide for their renovation, preser-
vation, maintenance, management and control as places of old and historic
interest by a department of the city government or by a board, commis-
sion or agency specially established by ordinance for the purpose; charge
or authorize the charging of compensation for the use thereof or admis-
sion thereto; lease, subject to such regulations as may be established by
ordinance, any such area, property, lands or estate or interest therein so
acquired upon the condition that the old and historic character of the
area, property or lands shall be preserved and maintained; or to enter
into contracts with any person, firm or corporation for the management,
preservation, maintenance or operation of any such area, property, lands
or estate or interest therein so acquired as a place of old and historic
interest, provided, the city shall not use the right of condemnation under
this paragraph unless the historic value of such area, property, lands or
estate or interest therein are about to be destroyed.

§ 9.11. Duties of the city planning commission with relation to
zoning. — It shall be the duty of the city planning commission to prepare
and submit to the council a comprehensive zoning plan, as referred to
in § 9.09 of this chapter, and from time to time, at intervals not exceeding
two years, prepare and submit such changes in or revisions of the said
plan as changing conditions may make necessary. The provisions of
§§ 9.06 and 9.18 shall apply to comprehensive zoning when the council
adopts comprehensive zoning changes or revisions; provided, however,
that said §§ 9.06 and 9.18 shall not apply to city-owned property.

§ 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 power by ordinance to adopt the regula-
tions and restrictions hereinbefore described and determine the boun-
daries of the zones in which they shall apply, provide for their enforce-
ment, and from time to time amend, supplement or repeal the same.
The council shall also have authority to provide for the collection of
fees to cover costs involved in the consideration of any application for
amendment, supplement or repeal of any such regulation, restriction
or determination of boundaries, to be paid to the city treasurer by the
applicant upon filing such request. No ordinance to adopt such regula-
tions 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; pro-
vided, however, that more frequent rezoning ordinances may be enacted
under the emergency ordinance provisions of this charter. At least
fifteen days’ notice of the time and place of any such hearing before
the council shall be given by publication thereof in a daily newspaper of
general circulation published in the city.

The council may approve or reject recommendations of the plan-
ning 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 re-submit
its reviewed recommendations to council. If adopted by a vote of two-
thirds of the entire membership of the commission at the referral meet-
ings, 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 com-
mission 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; except that in the
event of an emergency whereby there is no newspaper of general cir-
culation published in the city, then such notice may be published in a
newspaper of general circulation in the city. Time, not to exceed thirty
days, may be taken to prepare an appropriate draft of an ordinance or
to. follow the proper procedure for the passage of an ordinance and such
time shall not be considered any part of the abovementioned thirty
days referral period or the above mentioned three month time period.

§ 10.02. Filling of council vacancies. — Any vacancy in the mem-
bership 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 res-
olution 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 * be filled * for the unexpired term by ap-
pointment by the senior judge of the corporation court of the city of
Alexandria.

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

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

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

If the city and the owner cannot agree upon the compensation for
the property taken or damaged, if any, upon the filing of a memorandum
in the clerk’s office of said court to that effect, signed by either the city
or the owner, the court shall appoint commissioners provided for in
§ * 25-46.20 of the Code of 1950 as amended, or as provided for in § 18.02,
and all proceedings thereafter shall be had as provided in §§ * 24-46.17
to 25-46.84, inclusive, of the Code of 1950 as amended insofar as they
are then applicable and are not inconsistent with the provisions of this
and the preceding section, and the court shall order the deposit in bank to
the credit of the court of such additional funds as appear to be necessary
to cover the award of the commissioners or shall order the return to the
city of such funds deposited that are not necessary to compensate such
owners for property taken or damaged. The commissioners so appointed
shall not consider improvements placed upon the property by the city sub-
sequent to its taking nor the value thereof nor the enhancement of the
value of said property by said improvements in making their award.

§ 14.08. Powers and duties.—The city collector shall have the fol-
owing powers and shall be charged with the duties and functions as
ollows:

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

(b) To place in the custody of the City Treasurer all 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.

(d) To appoint and remove such assistant city collectors and other
employees as shall be authorized by the council, subject to the provisions
of Chapter 8 of this Charter, and authorize the assistant city collectors or
other employees to perform any of the duties tmposed upon them in this
charter.

§ 15.10. School board and school districts — * Beginning July 1,
1964 and continuing thereafter the school board of the city of Alexandria
shall consist of * nine trustees to be selected by the city council from the
city at large and the city shall constitute a single school district. The trus-
tees of the school board in office on the effective date of the passage of
this section shall continue in office for the terms for which they were
selected * and thereafter selection of these offices shall be for three year
terms. On or after July 1, 1964 the city council shall appoint three
new trustees from the city at large whose terms shall begin July 1, 1964,
one to serve until June 80, 1965, one to serve until June 80, 1966, and one
to serve until June 80, 1967, and thereafter all selections shall be for
three years and from the city at large. In all other applicable respects
the provisions of the general laws of the Commonwealth shall apply with
respect to the appointment of school trustees.