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HomeMy WebLinkAbout1969-11-18SPECIALnot ready for it an~ suggested that the matter be ~tabled for a year or two, Mr. Davis stated that. he cannot see how reapportionment, can effect merger. VanYahres state& that he feels the p.eople want the opportunity to vote on the issue now and he would support a March date at the latest, otherwise the matter should be delayed much longer and proceed with other business... Mr. Carroll stated that in view of all uncertainties he would suggest consideration be given to shelving merger and studying the feasibility of. joint school facilities. He added that the people in his area are not in agreement with the merger _proposal. Mayor Vogt pointed out that from the City's standpoint, it is a question of merger or a~nexation. Mr.. Yancey advised~ that the people in his area feel they will not have representation. Mr. Gibson stated that he is convinced that the route of annexation is wrong and the concept of merger is good and .that the electorate should have ample t~.ime to study the matter. ~r. Garnett stated that from the beginning the two. groups unanimously agreed on the concept of merger and have worked long and hard but he feels January is early for a referendum. A Mr. Clyde of the public stated that the Chamber of Commerce has supported mer- ger from the beginning but in general feel a spring date is possibly the best. Mr. George Norcross stated that he attended meetings held for the public but does not feel he has received the education needed to be able~ to accept merger. Mr. Lloyd Wood stated that the public should definitely be educated and he questioned the feasibility of d~laying another year. .Mr. Carroll stated that he is not opposed to referendum. Mr. Rinehart stated, and he pointed out that this was not meant as a threat, that the City reserves the right to commence annexa- tion studies November 18th. Motion was offered by Er. l~inehart, seconded by Mr. Davis, that the date of referendum be set for ~arch 3, 1970. Substitute motion was offered by Mr. Gibson, seconded by Mr. Wheeler, that the date of referendum be set ~for July 14, 1970. The substitute motion failed to carry. The original motion was carried with Er. Wheeler and ~. Wright voting against it. Resolution authorizing the Chairman- and Mayor to execute the Consolidation Agreement, as prepared by the County Attorney, was then offered for adoption by Mr. Gibson and seconded by Mr. Wood. Recorded vote was taken on this resolution as follows: Ayes: Nays: ~essrs. Garnett, Gibson and Wood. ~essrs. Carroll, Wheeler and Yanoey. The two bodies adjourned for separate executive sessions. Upon reconvening, ~nended resolution, which follows, was 'offered by Gibson, seconded by Nr. Wood, and unanimously adopted by recorded vote. ~HEEEAS, this Board of Supervisors of Albemarle County is of the opinion that the question of consolidation of the City of Charlottesville and the County of Albemarle into a single con- solidated city should be submitted to a vote by the citizens of said City and County; and ~EEEEAS, the consolidation agreement dated November 18, 1969 and the proposed charter attached thereto, which were prepared by the attorneys for the City and County and were pre- sented to this meeting, set forth the terms and conditions for such consolidation which have been agreed to by the Council of said City ~ud this Board after many months of joint study; and WHEREAS, the plan for consolidation set Forth in said agree- ment and charter must be submitted to the voters of said City and County for approval in a referendum election before such consoli- dation can be effective. NOW, THEREFOBE,~' BE IT BESOLVED that Nr. E. N. Garnett, Chair- man of this Board, is hereby authorized and directed to execute said consolidation agreement dated November 18, 1969, on behalf of this Board and Nfs. June T. Noon, Clerk of this Board is hereby authorized and directed to attest the same and to affix the of- ficial seal of this Board thereto; AND BE IT ~THER RESOLVED that after said agreement has been executed on behalf of this Board and on behalf of the Council of the City of Charlottesville, this Board's Attorney, in cooperation wit~ the City Attorney, is hereby directed to file a copy of said agreement with the Judge of the Circuit Court of Albemarle County, together with a joint petition on behalf ~f said Council ~ud this Board, asking that a referendum on the question of consolidation be ordered and an election held in Albemarle County on the question of consolidation pursuant to the 'provisions of sai~ consolidation agreement. And the Clerk of this Board is directed to attach a copy of said consolidation agreement and charber to the minutes of this meeting. (For purposes of record, it is noted that Comucil unanimously adopted similar resolution except for the first paragraph which stated that Council is of the opinion that a consolidation of the City of Charlottesville and the County' ~of Albemarle into a single consolidated city will be in the best interest of the citizens of said City and County.) On mo tion, the meeting was adjourned. CONSOLIDATION AGREEMENT FOR THE CITY OF CHARLOTTESVILLE AND ALBEMARLE COUNTY, VIRGINIA THIS CONSOLIDATION AGREEMENT is made in several counterparts this 18th day of November, 1969, by and between the COUNCIL OF .THE CITY OF CHARLOTTESVILLE, a municipal corporation of the Commonwealth of Virginia, and THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, a county in the Commonwealth of Virginia. The said Council and Board of Supervisors hereby declare that ~t is in the best interests of the City and the County to consolidate into a single city pursuant to Article 4, Chapter 26, Title 15.1 of the Code of Virginia of 1950, as amended, and in order to effect such consolidation, the said Council and Board of Supervisors hereby agree as follows: I NAMES OF CITY AND COUNTY PROPOSING TO CONSOLIDATE The names of the City and County proposing to consolidate are City of Charlottesville and Albemarle County. II NAME OF CONSOLIDATED CITY The name of the city into which it is proposed to consolidate shall be selected by the people of the consolidated city in a referendum to be held prior to the effective date of consolidation as provided in Section XVIt hereof. III PROPERTY AND VALUE (a) The property, real and personal, belonging to the City of Charlottesville and' Albemarle County and the fair value thereof in current money of the United States is as follows: 79 Real Estate Personal property City of Charlottesville $32, 000, 000o 00 7, 59 5, 700° 00 Albemarle County 16,243, 000. 00 3,972,000.. 00 Total $39,595, 700.00 $ 20, 215,000. DO (b) The values of real estate and tangible personal property assessed for taxation in the City of Charlottesville and Albemarle County as of January 1, 1969, are as follows: City of Charlottesville Fair Market Assessment Value Appraisal Ratio Real Estate $232,097,200.00 30v/o Personal Property Public Service Corporation property Totals Real Estate Personal Property Public. Service Corporation property 15, 254,460. 00 Assessed by State Corporation Commission by formula $247,351,660. 00 - Albemarle County Fair Market Value Appraisal $282,380,267.00 15% 13, 519,370.00 Assessed by State Corporation Commission by formula $295, 899,637. 00 Assessed Value $69,629,170. 00 Loan Value 15,254,460.00 7,757,534.00 $92,641, 164. 00 Assessment .Ratio Assessed Value $42,357,040.00 looo7o Loan Value 13, 519,370. 00 11, 503, .56 t. 00 $67,379,97I. 00 -2- IV INDEBTEDNESS OF UNITS The' net indebtedness, bonded and otherwise, City of Charlottesville and Albemarle County as of July 1, is as follows: *Bonded Debt for Utilities Bonded Debt for Schools Bonded Debt for General Improvements **Crozet Sanitary District Bonds ***Albemarle County Service Author ity Bonds ****Short term borrowing in anticipation of revenue Total City of Charlottesville of the $ 2,830,000. O0 $ 3, 415,000. O0 382,000.00 $-~,627,000. 00 1969, Albemarle County 4,515,620.00 30,000.00 1,047, 510. O0 700,000. 00 "b, 293, 130. 00 *These are general obligation bonds, but all payments of principal and interest have 'been made from revenues from utilities. **These are not County obligations, but are obligations only of the Crozet Sanitary District ***These bonds are revenue bonds only, not obligations of the County, but only of the Service Authority, a separate political subdivision. ****This amount was borrowed bv the County to purchase the City's one- half interest, in the formerly jointly-owned Jackson P. Burley High School. V SOURCE OF VALUATIONS AND DEBTS The above valuations were established by the City of Charlottesville for its property and indebtedness, and by Albemarle -3- County for its property and indebtedness, and such valuations are accepted by the City and County Solely for the purposes of this agree- ment. VI EFFECTIVE DATE Subject to the outcome of the referendum provided for in Section XVI hereof, and subject to approval by the General Assembly of a charter for the consolidated city as hereinafter provided, this consolidation shall become effective on |anuary 1, 1971. VII SEAT OF GOVERNMENT The seat of government for the consolidated city shall be located within the present City of Charlottesville. VIII DISPOSITION OF PROPERTY AND ASSUMPTION OF DEBTS 1. Upon the effective date of consolidation, all property, real and personal, of the City of Charlottesville, the Town of Scottsville and Albemarle County, including the Crozet Sanitary District, shall become the property of the consolidated city, and any and all indebtedness of said City, Town and County, in- cluding the indebtedness of the Crozet Sanitary District, shall be assumed by the consolidated city. The Albemarle County SerVice Authority shall continue in existence as an independent agency, owning its property and continuing to be solely responsible for its bonded debt and other obligations. IX HIGHER TAXES FOR ADDITIONAL SERVICES 1. The tax rate on all property of the same class within the consolidated city shall be uniform, but the council shall have power to the extent permitted by law, to levy a higher tax in such areas of the consolidated city as desire additional or more complete services of government than are desired in the city as a whole, provided that such higher tax rate shall not be levied for school, -4- police or general government services, but only for those services which, prior to consolidation, were-not offered in the whole of the City of' Charlottesville and Albemarle County. The proceeds of such higher tax shall be segregated and expended in the areas' in which collected. 2. Upon the effective date of consolidation, the consolidated city shall be divided into five taxing districts as follows: (a) The Urban District which shall include the present City of Charlottesville. (b) Suburban District #1 which shall include the area outside and surrounding the present City of Charlottesville which has, by its suburban character, demonstrated to the council the desire and need for additional or more complete services of government than are desired in the consolidated city as a whole, and where such additional services may feasibly be provided. (c) Suburban District 82 which shall include the Village of Crozet and its surrounding area which has likewise demonstrated the desire and need for such additional services and where such services may feasiblv be provided. (d) Suburban District ~3 which shall include the present Town of Scottsville and its surrounding area which has likewise demonstrated the desire and need for such additional services and where such services may feasibly be proy~ided. (e) The Rural District which shall include the remainder of the consolidated city. 3. The council of the consolidated city shall levy taxes upon real estate within the Suburban Districts at a uniform rate higher than the rate upon real estate within the Rural District. and shall levy taxes upon real estate within the Urban District at a rate higher than the rate upon real estate in the Suburban Districts, The proceeds of such higher taxes upon rea1 estate shall be segregated and expended only in the areas in which collected. 4. The council of the consolidated city shall have the power by ordinance, ar the time it lays its annual tax levy, to alter the boundaries .of the Urban, Suburbm; and Rural Districts, and to create additional Urban or Suburban Districts, but only when a desire for additional or more complete services of government than are desired -5- 83 in the consolidated city as a whole has been demonstrated by reason of urban or suburban growth and only when rhe consolidated city can provide such additional services on a feasible basis. The determination by the council that a desire for such services has been demonstrated and that such services can be provided on a feasible basis shall be conclusive. X BOROUGHS named and Ca) District of (c) Albemarle (d) Rivanna Borough, of Albemarle County. The consolidated city wilt be divided into seven boroughs, described as follows: Charlottesville Borough, the present City of Charlottesville. Monticello Borough, the present Charlottesville Magisterial Albemarle County. Ivy Borough, the present Ivy Magisterial District of County. the present Rivanna Magisterial District (e) Samuel Miller Borough, the present Samuel Mitler Magisterial District of Albemarle County. (f) Scottsville Borough, the present Scottsvilte Magisterial District of Albemarle County. (g) White Hall Borough, the present White Hall Magisterial District of Albemarle County. 2. The above names may be changed by ordinance of the council of the consolidated city if the name selected for that city creates duplication or confusion with any borough names, or if such change is considered desirable for any other reason. XI COMPOSITION OF COUNCIL 1. CONTINUATION OF PRESENT.CHARLOTTESVILLE CITY COUNCIL If this agreement is approved by the referendum proxrid'ed for in Article XVI, no councilmanic elections will be held in the City -6- ,~. ;- of Charlottesville in June, 1970, and the incumbent Councilmen in said City shall continue in office until January 1, 1971. 2. REAPPORTIONMENT: Prior to September 1, 1970, the City Council of Charlottesville by ordinance, apportion or divide Charlottesville into four 'wards or election districts which shall be contiguous and compact, and shall have substantially equal population. Prior to September L, 1970, the of Albemarle County shall likewise apportion, o 'four Wirds or.'eiecti® districts, These reapportionments shall govern nomination and election of the initial council of the. consolidated city' to be held pursuant to paragraph 3 (b) · of this Article; thereafter' they shall 'remain in 'effect until changed by ordinance of the council of the consolidated city. 3. CONSOLIDATED CITY COUNCIL STRUCTURE: " ' (a) After January 1, 1971, the council of the consolidated city shall consist of eig~ht (8) members, one of whom shalI have been elected by and from the voters of each of the eight wards or election districts.- (b) On the first Tuesday after the first Monday in November, i970, an election shall be held for all eight positions on the Council which will take office January 1, 1971. Two elected councilmen from the Charlottesville Borough and two elected councilmen from outside the other four elected councilmen shall serve terms ending September 1, 1974. The short terms shall be assigned to the two of the four: Charlottesville Borough councilmen who received the smallest vote and to the two of the four other councilmen who received the smallest vote. (c) Beginning in June, 1972, four councilmen shall be elected ·: each two years for terms of four years, which terms shall begin .' September first in the year of such election. All such elections shall be held on the second Tuesday.. in June, - · - XII COURTS COURTS OF RECORD: 85 Circuit. The incumbent judges of the Circuit Court of Albemarle County and the Corporation Court of the City of Charlottesville shall both be judges of the 'Eighth Judicial'Circuit and of a new Circuit Court of the consolidated city which will take the Place of both existing courts; (b) Both judges of the new Circuit Court of the consolidated city shall have full concurrent jurisdiction and power to try all civil and criminal cases arising within the Eighth Judicial Circuit, including the entire consolidated city, as provided for circuit courts by the Laws of Virginia. The Judge who has served longer as a court of record judge shall be the Senior Judge. The actual case load shall be distributed between the two judges equitably bY agreement, or, failing such agreement, by the Senior .Judge. (c) The Senior Judge shall serve as a member of the Board of Trustees-of Miller Manual Labor School in place of the former Judge of the Circuit Court of Albemarle County, and shall have and exercise all powers to appoint other officials as are granted to the Circuit Court by the Laws of Virginia or by city charter. 2. COURTS NOT OF RECORD: (a) The County Court of Albemarle County and the Municipal Court of the .City of Charlottesville shall, upon the effective date of consolidation, be merged into a single Municipal Court of the consolidated city with full criminal and civil jurisdiction as provided for municipal courts by the Laws of Virginia throughout the consolidated city. This Court shall, however, be divided into two divisions to be known as Part I and Part II, each of which shaI1 be operated and presided over by a judge of equal rank with concurrent jurisdiction throughout the con- solidated city. (b) The incumbent Judge of the Municipal Court of the City of Charlottesville at the effective date of consolidation shall be Judge of the Municipal Court of the consolidated city, Part [, and shall continue to serve for the remainder of the term for which he was last appointed. The incumbent judge of the County Court of Albemarle County at the effective date of consolidation shall be Judge of the Municipal Court of the consolidated city, Part II, and shall continue to serve for the remainder of the term for which he was last appointed. Upon expiration of those terms, or if a vacancy occurs during the terms for any other reason, the Senior Judge of the Circuit Court of the consolidamd city shall fitl such vacancy by appointment as provided by the Laws of Virginia. -8- 8'6' (c) The distribution of cases between the two Parts of the Municipal Court shall, be arranged according to plans prescribed and put into effect by order of the Senior Judge of the Circuit Court of the consolidated city. The Senior Judge of said Circuit Court shalI also have the power at any time to re-organize the two Parts of the Municipal Court and tO prescribe such other plans as he may see fit to fairly and equitably divide the load of work in order to provide the best possible result in the administration of justice, or, with the approval of the City Council, to consolidate the two Parts of the Municipal Court under a single full-time Judge. (d) The salaries of both Municipal Court judges shall be fixed by Council. (e) A Clerk of the Municipal Court shall be appointed by the senior Municipal Court Judge, subject to approval of the Council of the consolidated city, to serve at the pleasure of the senior Municipal Court Judge. Such clerk shall keep all records of both Parts of the Municipal Court in a single office open to the public during business hours at a convenient location and shall, subject to approval by the Municipal Court Judges and the city council, employ such deputies and other personnel as shall be needed to provide assistance to the Judges and proper service to the public. Salaries of the Clerk and other personnel and the cost of Municipal Court facilities shall be paid by the consolidated city with such stare participation as is provided by the Laws of Virginia, and shall be subject to approval by the council of the consolidated city. (f) The consolidated city shall be one of the localities served by the Regional Juvenile and Domestic Relations Court for the Eighth Judicial Circuit, replacing the City of Charlottesville and Albemarle County, and assuming the combined share of that Court's financial support formerly borne by the City and County. XlII CONSTITUTIONAL OF F lC E RS 1. Upon the effective date of consolidation, the constitutional officers of the present City and County shalt continue in office for the terms to which they were elected,, except as provided herein to the. contrary. 2. SHERIFF - The incumbent Sheriff of Albemarle County shall serve as .Sheriff of the consolidated city until his term expires on December 31, 1971. If, prior to the effective date of consolidation, the Chief of Police for the City of Charlottesville and the Sheriff -9- 87 of Albemarle County have completed plans 'for a complete assumption by the Police Department of the consolidated city of all police and criminal law enforcement duties within the entire area of the con- solidated city, exclusive of the duties which will continue to be carried out by the Virginia State Potice, they shall report their plans to the Council of the City of Charlottesville and the Board of Supervisors of Albemarle County. If the Council and Board are then satisfied that proper potice protection can be provided throughout the consolidated city by its Police Depar. tment, they shall, by joint resolution, retieve the Sheriff of all duties for police work and criminal law enforcement, effective upon any date no sooner than the effective date of consolidation and no later than six months thereafter. During his term of office which will expire on December 31, 1971, the Skeriff shall continue to perform all of his other duties within the area which formerly comprised Albemarle County. There- after, the Sergeant of the consolidated city shall perform all of those duties within the entire Consolidated city. The office of Sheriff of the consolidated ci.tv shall cease and terminate on December 3i, 197t, or upon such earlier date as said office becomes vacant. Both the Sheriff and the Sergeant of the consolidated city shalI have authority to serve summons, writs, notices and other legal papers throughout the consolidated city; and both shall be officers of all courts with territorial jurisdiction over the consolidated city. 3. SERGEANT, TREASURER AND COMMISSIONER OF THE REVENUE - The Sergeant, Treasurer and Commissioner of-the Revenue in office in the City of Charlottesville at the effective date of consolidation shall continue in their respective offices for the consolidated city for the remainder of the terms for which they were last elected or appointed. 4, COMMONWEALTH'S ATTORNEY - At the effective date of consolidation, there will be a Commonwealth's Attorney in office in the City of Charlottesville and one in office in-Albemarle Countv. If these two officers can agree, prior to the effective date, wl~ich of them shall be Commonwealth's Attorney for the consolidated city, and which shall be the deputy Commonwealth's Attorney, they shall notify the judges of their respective courts of record of such agreement. The Circuit Court of the consolidated city shall make appointments according to said agreement, or, failing such agreement, shall appoint one of said incumbents ro be Commonvcealth's Attorney and the other to be deputy for terms ending December 31, 1973; 5. CLERK OF CIRCUIT COURT - There will also be two incumbent Clerks in office at the effective date of consolidatiOn, one for the County Circuit Court and one for the City 'Corporation Court. - 10- 88 If these two officers can agree, prior to the effective date, which of them shall be Clerk of the Circuit Court of the consolidated city, and which shall be Deputy Clerk, they shall notify the judges of their respective courts of such agreement. The Circuit Court of the consolidated city shall make appointments according to said agreement, or failing such agreement, shall appoint one of said incumbents to be clerk and the other to be deputy, both to serve until expiration of the terms for which they were last elected or appointed prior to the effective date of consolidation. XIV PUBLIC SCHOOLS 1. SCHOOL BOARD FOR TRANSITION PERIOD At the effective date of consolidation the School Board of the consolidated citv shall consist of thirteen members who shall be the seven members of the Charlottesville City School Board and the six members of the Albemarle County School Board in office immediately prior to said effective date and they shall continue in office until January 15, 1971. 2. PERMANENT SCHOOL BOARD After january 15, 1971, the School Board shall be composed of eight members appointed by the Council of the consolidated city as provided in the charter attached hereto. 3. EQUALIZATION OF SERVICES The School Board of the consolidated city shall equalize educational services throughout the new school division as soon as possible, and there shall be no diminution in the level of educational services. 4. SCHOOL TRANSPORTATION For the safety and Welfare of the school children, the School Board of the consolidated city shall continue substantially the same school bus service now provided in Albemarle County, and such service shall not be diminished unless, in the opinion of the School Board, alteration is justified by increased density of population, availabilirv of school facilities, changes in traffic patterns and availability of public transportation. As soon as practicable, the School Board will also provide school bus trans- portation within the present City of Charlo~esvilte where needed. -11- 89 5. SCHOOL SUPERINTENDENT On the effective date of consolidation, the School-Board shall select a Superintendent of Schools for the consolidated city. Qualified persons in the Charlottesville and Albemarle County systems, in- cluding the incumbent Superintendents, shall be considered, along with other applicants. STATE HIGHWAY DEPARTMENT AND STATE POLICE Immediately upon consolidation, the Council of the consolidated city shall request the Commissioner of the Virginia Department of Highways and the Superintendent of the Virginia State Police to grant the full service of said Department and State Police in the area now comprising .Albemarle County for a period of at least ten years after consolidation or until terminated at the request of Council. XVI REFERENDUM ON CONSOLIDATION As soon as practicable following the execution of this agreement, the governing bodies of the City of Charlottesville and Albemarle County shall file with the judge of the Corporation Court of said Cirv the original of this consolidation agreement, together with a joint petition on behalf of such governing bodies, asking that a referendum on the question of consolidation herein provided 'for be ordered to be held at an election within said City and County pursuant to Article 4, Chapter 26, of Title 15.1 of the Code of Virginia of 1950, as amended, on March 3, 19'70, or such other date as may be fixed by the Court. A copy of such petition and this agreement shall likewise be filed with the Judge of the Circuit Court of Albemarle County. Thereafter, the governing bodies of said City and County shall cause a copy of this consolidation agreement, together with the proposed charter attached hereto as a part hereof, to be printed and published at least once a week for four successive weeks in some newspaper published in and having general circulation in -~aid City and County. If the majority of the qualified voters voting in the referendum in said City and the majority of the qualified voters voting in the referendum in said County shall vote for consolidation, the same shall becomb effective pursuant to the provisions of this agreement and of the proposed charter attached hereto. - 12- XVII REFERENDUM ON NAME 1. If this consolidation is approved by majorities of the qualified voters voting in the referendum elections provided for in Article XVI hereof, the governing bodies, of the City of Charlottesville and Albemarle County shall petition the Judges of the Corporation Court of the City of Charlottesville and the Circuit Court of Albemarle County to order a referendum election within said City and County ro take the sense of the qualified voters on the question of a name for the consolidated city, as permitted by Section tS. 1- 1131(2) of the Code of Virginia of 1950 as amended. Said petition will request that said referendum be held not less than 60 days after the referendum on the question of consolidation and not less than 60 days before the effective date of consolidation. question: The ballot in this referendum shall contain the following "Which one of the following names shall be adopted as the name of the City to be formed by consolidation of the City of Charlottesville and Albemarle County?" The ballot shall have the names "Albemarle" and "Charlottesville" printed below the question, together with any other names requested by petitions filed with the said Circuit and Corporation Courts supported by the signatures of at least 200 qualified voters of the City of Charlottesville and/or Albemarle County. Such petitions must be filed with said Courts not less than 21 days prior to the referendum. 3. If none of the names listed on the ballot as provided in (2) above receives a majority of the votes cast in this election, the said governing bodies shall .request said Courts to order a second referendum election within 30 days of the first election to determine which of the two names receiving the highest number of votes in the first name referendum shall be the name of the consolidated city. 4, The name approved by a majority of the voters ,coting in the first or second referendum provided for in this Article, as the case may be, .shall become'the name of the consolidated city for all purposes, and the words "consolidated city" whenever they appear in this consolidation agreement and in the charter attached hereto shall be construed to mean the name so approved, -13- 5. In calculating the majority of votes cast in the name referendum or referenda, the total vote from both the City of Charlottesville and Albemarle Count3~ shall be taken together, and a majority of the combined vote will be sufficient to approve a name. XVIII CHARTER The charter for the consolidated city is attached hereto and is hereby incorporated as a part of this agreement. The governing bodies of the City of Charlottesville and Albemarle County shall submit said charter to the next session of the General Assembly of Virginia for approval and shall urge its enactment in substantially such form. They shall be authorized to agree to any revisions thereof which may be proposed or required by the General Assembly. The governing bodies shall also submit to the next session of the General Assembly such other legislation as may be necessary to accomplish consolidation pursuant to this agreement. Said charter and legislation shall be so enacted as to be effective only upon referendum approval pursuant to Article XV[ hereof. XIX ORDINANCES 1. All ordinances in effect in the City of Charlottesville immediately prior to the effective date of:conSolidation shall continue in effect in the area of the consolidated city formerly controlled thereby, but in no other area, until amended or repealed by the Council of the consolidated city, 2. All ordinances in effect in Albemarle County immediately prior to consolidation shall continue in effect in the area of the consolidated city formerly controlled thereby, but in no other area, until amended or repealed by the Council of the consolidated city. XX PUBLIC EMPLOYEES 1. In order to carry on an efficient adminiStration, the. co.nsolidated city will require the experience and skills of the employees of both the City of Charlottesville and Albemarle County. It is agreed, therefore, that the consolidated city will adhere to the principle that all employees of the two present governmental units wiI1 be retained and wil~ be compensated at no Iower rate of pay than they received at the effective date of consolidation and that - 14- 92" they will occupy positions comparable to those occupied at that date, insofar as is practicable. 2. The obligations of the City of Charlottesville and Albemarle County under any existing pension ox~ retirement plan on the effective date of consolidation shalI become the indebtedness and obligation of the consolidated city, and all employees and retired employees having vested rights under any such pension or retirement plan on the effective date of consolidation shall not forfeit such rights and shall continue to be covered by such plan. This agreement shall be deemed an agreement between the consolidated city and such employees and retired employees that in the event that the consolidated city shall combine, consolidate or amend any such plan, such action shalt not in any way diminish, curtail or impair the vested rights of any such employees or retired employees. 3. Any Judge of the County Court of Albemarle County who has been a member of the Trial Justices' Retirement Fund for more than five years and who loses his rights therein as a result of this consolidation shall, upon his retirement, be paid retirement benefits from the treasury of the consolidated citv which, when added to any benefits he may receive from said Fund, will equal the benefits that he would have received from said Fund had there been no consolidation, at a cost not to exceed the with- drawal allowance to the credit of such Judge at the time of with- drawal from said Fund, provided that he pays to the consolidated city the amounts which he would have paid t.'o said Fund. XXI TOWN OF SCOTTSVILLE ImmediateIy upon the effective date of consolidation, the charter of the Town of Scottsville will be revoked by operation of law. The portion of the Town Which is located in Albemarle County shall be for all purposes a part of the conso!idated city. These governing bodies would look with favor upon inclusion within the con- solidated citv of that portion of said town which lies in Fluvanna County if the residents desire to become a part of the consolidated city. XXII BUDGETS FOR 1970-71 The Council of the City of Charlottesville will prepare and adopt a budget for the City of Charlottesville for the fiscal year beginning July 1, 1970, in the manner required by law, and -15- 93 The Board of Supervisors will do likewise for Albemarle County. As soon after consolidation as practicable, those budgets will be consolidated into a single budget for the conso- lidated city for the remainder of that fiscal year. XXItI SAVING CLAUSE In the event that any portion, section or provision of this agreement shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such judgment shall not invalidate any other portion, section or provision hereof, but ali parts of this agreement not expressly held to be invalid shall remain in full force and effect. IN WITNESS WHEREOF, the Council of the City of Charlottesville and the Board of Supervisors of Albemarle County have entered into this consolidation agreement to be executed in their respective names and their respective seals to be hereunto affixed and attested by their respective officers thereunto duly authorized. (SEAL) Attest: COUNCIL OFz/THE BOARD OF SUPERVISORS OF ALBEMARLE Attest: By Chairman CHARTER'FOR THE CONSOLIDATED CITY -Chapter 1 INCORPORATION AND BOUNDARIES AND' NAME Section 1.01. INCORPORATION. The inhabitants of the territory comprised within the limits of the City of Charlottesville, as they are or hereafter may be established by law, shall Continue to be a body politic and corporate and as such shall have perpetual.succes- sion, may sue and be sued, contract and be contracted with and may have a. corPorate seal which it may alter a? its pleasure. The inhabitants, of"the territory comprised within the limits of Albemarle County, as it exists at the effective date of this charter, shall also be a part of such~body politic and corporate by virtue of the consolidation of the City of Charlottesville and Albemarle County into a single city pursuant to Article 4,Chapter 26, Title 15.1 of the Code of Virginia of 1950, as amended. Section t.02. BOUNDARIES.' The boundaries of the consolidated city shall coincide with the outside boundaries of Albemarle County so as to inclUde all of the territory comprising Albemarle County- including the.UniverSity of Virginia and the City of Charlottesville as existing immediately preceding the effective date of this charter. SeCtioni.:03.."N~E.~oF<~C!TY. The shall be suCh name as may be selected by an affirmative vote of a majority, of the qUalified voters ~oting in a referendum in the City of Charlottesville and in Albemarle County Called for the purpose pursuant to the consolidation agreement. Whenever the words "city" or "consolidated city" appear in this charter, they shall mean the name selected by. such referendum. Chapter 2 POWE RS Section 2.01. GENERAL GRANT OF POWERS. The consolidated city shall haven"and'may exercise the~powers set forth in SS15.1-837 through 15.1-907 of the Code of Virginia as in force on the effective date of this charter. ~In addition thereto the consolidated city shall have and may exercise all other powers which are now or may hereafter.be conferred upon or delegated to cities of the first class, under the Constitution or lawS Of the Commonwealth and all other po.wets pertinent to' the conduct of a city government, the exercise ofi~"~which is not expressly prohibited by the Constitution and laws and which in the opinion of the councit are necessary and desirable to promote.the general Welfare of the-conSolidated city and the safety, healkh, peace, good.Order, comfort, convenience and morals' of-.~its-inhabitants.~ _ Sec%ion 2,.0-2. ADDITIONAL POWERS. Without limiting the generality of the foregoing, but in addition thereto, the Consolidat- ed City shall have the following additional powers: (a) The council of the consolidated city may levy a higher tax in such areas of the consolidated city as desire additional or desired in the city as a .~hOte,. p~ovided that tax rate. shall.not be levied for schOOl, policeo.r general governmental services but only for those serviCes which prior to the effective date of this charter, were not Offered in whole of both the City of Charloqtesville and Albemarle urther that the proceeds from such higher tax .1 be so segre~:ated as to enable the'same to be expended'in the areas in which raised. (b) When the council of the consc that one or more'areas within the cit' c complete services of .government than are des ~ consolidated city, as a whole, and-that.such additional services can be provided ible basis, the cOuncil may create special taxing districts t.o~e~kn~own as :urban, suburban or rural...di~t~lcts. Urban districts shall include those areas which are urban in character and suburban districts those which are subUrban in character. All areas not included in urban or suburban districts shall constitute the rural district. Taxes levied on real estate within suburban districts shall be at a uniformly higher rate than within 'the rural district and taxes levied on real estate within Urban districts shall be at a uniformly higher rate than within suburban districts. The rate of taxation within each district shall be unifor~m throughout the district. The council o'f the consolidated City may by ordinance, at the -time it~lay~s~its-annual tax levy, alter the boundaries of ~ny existing urban, suburban, or rural district, and create additional urban or suburban districts, but only when a desir~ for additional or more complete services of government than are desired in the consolidated city as a ~whole has been demonstrated by reason of urban or suburban growth, as the case may be, and only when such services can be provided on a feasible basis. The determinations of the.council that a desire fOr such services has been demonstrated and that such services can be provided on a feasible basis shall be conclusive. (c) The councit may close, extend, widen, narrow, lay out, grade, improve and. otherwise alter streets and public alleys in the city, and may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatSoever, when it may be deemed expedient by said council. The land inCluded in any street that is closed shall revert to the abutting owners on either side of the same, each receiving one half thereof. That is, the new line of each abutter shall be the middle of the former street. The-council may also prevent or remove any structure, obstruction or encroachment over, or under, any street, alley or sideWalk located within the city. (d) In order to execute its powers and dUties and to meet the wants and purposes of the city, the council is hereby vested with power and authority to levy taxes upon persons, property, real and personal, priVileges, businesses, trades, professions and callings'and upon such other subjects of taxation and in such amounts as~the council shall deem necessary and proper to provide-such~sums as they shall deem expedient without limitation as to subject, except such aS may be expressly provided by general l~aw and without limitation as to rate except such as may be prOvided by the constitution of this state. 95 Taxes assessed against real'~estate subject to taxes shall be a lien On'~the~property~and-~the name Of the person listed as owner shall be for convenience ~n collection of taxes. The lien for taxes shall not be limited to the interest of the person assessed but shall be on the entire fee simple estate. Thereshatt be no lien when for any year the same property is assessed to more than one person and all taxes assessed against the property in'one of the names~have been paid for tha~ year. When taxes~are assessed against land in the name of a life ~ tenant or.other person owning less than the fee .or owning no interest, the<land may be sold Under the provisions of ~S58-10t4 to 58,1020, 58-~101 to 58.-1108, 58-762, Code of Virginia of 1950, as amended, or other laws for the sale of land for delinquent taxes provided the owner or'record or his heirs be made parties to the proceeding for sale which may be instituted any time after December fifth of the year in which the taxes are assessed. (~) The council may impose license taxes by ordinance on businesses, trades, professions and callings and upon the persons, firms, associates and corporations, engaged therein and the~agent thereof without limitation as to subject or rate except such as may be prOvided by the constitution 6f this state and the Constitution off. the'United States. License .taxes not inconsistent with general law may be impOsed upon vehi'cles using the streets of the city, and the council may prescribe a schedule of charges for vehicles using said streets for hire. (f) In every case where a street in said city 'has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown, the occupant, or occupants of t~e premises so encroaching to remove ~-If such removal shall not be made within the~time~o~.dered ~ councit, it-'may impose a penalty of five'dOllars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from .the owner ail reasonabie charges therefor, with cost, for which there shall be a~lien on the premises so encroaching, which lien may be enforced in a court of equitY having jurisdiction of the subject. No encroach- ment upon any street, however long continued, shall constitute an adverse possession thereto, or confer any right upon the person claiming thereunder as against said city. (g) In addition to'the foregoing, the council may exercise all. powers possessed by the City of Charlottesville and Albemarle County immediately precedin~ the effectiVe~ date of this Charter, Consistent with general law and not inconsistent with this charter. Chapter 3, BOROUGHS Section 3o01. DIVISION INTO SEVEN BOROUGHS. The consolidated city shall be divided into seven, boroughs, named and described as follows: (a) Charlot~esville Borough~ the City of Charlottesville as existing immediately preceding consolidation. (b) Monticello Borough, the Charlottesville Magisterial District of Albemarle County as. existing immediatelY preceding consolidation. (c) Ivy Borough, the Ivy .Magisterial District of Albemarle County as existing immediately p~eceding consolidation. (d) Rivanna Borough, the Rivanna Magisterial District~ of Albemarle County asexisting immediately preceding consolidation. (e) Samuel Miller. Boro.ugh, the Samuel Miller Magisterial District of Albemarle County as existing immediately preceding consolidation. ~ (f')- Scot'tsville Borough, the Scottsville Magist~erial District of Albemarle County as existing immediately preceding consolidation. (g) White Hall Borough, the White Hall Magisterial District of Albemarle County as existing immediately preceding consolidation. Section 3.02. CHANGE OF NAMES. The above names may be changed by ordinance of'the council of ~he consolidated city if the name selected for that city creates duplication or confusion with any borough names or if such change, is considered desirable for any other reason. Section 3.03. BOUNDARY LINES. Boundary lines of the above named.boroughS may be changed by ordinance but only upon a recorded vote of three-fourths of the members of the council.- The number of'boroughs may-be increased or'diminished in a like manner. Chapter 4 Section 4.01. CITY COUNCIL RE'APPORTIONMENT Prior to September 1, 1970, the City of Charlottesville and Albemarle County shall each be divided into four (4) wards or election dist.ricks pursuant to the consolidation agreement. These eight (81 wards or election districts shall be compabt, contiguous, and substantially equat in population. Section 4.02. PERMANENT COMPOSITION (a) Beginning with the effective date of this charter, the council of the. consolidated city shall consist of eight (8) members, 'one of whom shall have been elected by and from the voters of each of the 'eight wards or election districts. (b) On the first Tuesday after the first Monday in November, 1970, an election shall be~held for all eight positions on the council and the councilmen elected to such positions shall take office on January t, 1971.. TwO ielected councilmen from the Charlottesville Borough and two from outside that Borough shall serve for terms ending September 1, 1972 and the other four elected councilmen shall serve terms ending September 1, 1974. The short terms shall be assigned to the two of the four'Charlottesville Borough councilmen who received the smallest vote and to the two of the four other councilmen who received the smallest vote. (c) Beginning in June, 1972, four councilmen shall be elected ~eaCh two years for terms of four years, which terms shall begin 'September first in the year of such election. All such elections shall be held on the second Tuesday in June. Section 4.03. FILLING VACANCIES. Vacancies in the office of councilmen, from whatever cause arising, shall be filled within 60 days for the unexpired portion of the term by majority vote of the remaining members of the council, provided that a vacancy in the office of a councilman elected by and from a borough, ward or 'election district sh~tt b~ ~fitled by a resident of the same.borough-, ward or election district. 'Section 4.04. COMPENSATION. Councilmen Shall receive as compensation for their services such amounts as the council may determine, not to exceed $180 per month for councilmen and $200 perr month for the mayor. No member of the council shall be appointed to any office of profit under the~ city government during the term for which elected and for one year thereafter. SeCtion 4.05. POWERS. Ail corporate powers, legislative and executive authority of the consolidated city shall be vested in the council, except as otherwise provided in this charter. The council shall be the policy determining body of the city an~ shall be vested w~h~?a~lthe~rights~andpowe~rs conf~rredoncOuncils in Virginia cities having the city manager form of government, not inconsistent with'this charter. In addition to the foregoing, the council shall have the'following powers: {a) To provide for the-organization, conduct and operation of , ~b'ureaus, divisions, boards, commissions, offices the city. (b) To.create, alter or abolish departments, bureaus, divisions, boards, commissions, offices and agencies, except as specifically provided herein to the contrary. (c). To provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees of the city. (d) To 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. (e) To provide for the submission of any proposed ordinance or charte'~ amendment to ths qualified voters of the city at:an adVisory referendum to be initiated by a council resolution directed to the circuit court of the city and held not less than 30 nor more than 60 days after-such resolution is filed with the clerk of said court. Advisory referendums shall be conducted in the manner provided by laW:tfor special elections. If a petition requesting the submission of an amendment to this charter, set forth in sUch petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary eiection'held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the circuit court of the city, he shall fOrthwith certify that fact to said court. Upon the certification of such petition the circUit court of the city~ Shal.1 order an election to be held not less than 30 nor more than 60 days after such certification, in which .such proposed amendment shall be submitted to the qualified voters of the~ citY for their approval or disapproval. If a majority of those voting thereon at such election approve the proposed amendment such result shall be communicated by the clerk of the circuit cou~t of. the city to the two houses of ~e. Ge~erat~ A~sembty and Ho the representatives of the city therei~ with the same effect as if the council had adopted a resolution requesting the General'Assembly to adopt the amendment. Section 4~06. .RULES OF PROCEDURE. The cOuncil shalt have power, subject to the provisions of this charter, to'adopt its own rules of procedure. Such rules shall provide for the time and place of holding regular.meetings of the council which shall be not less frequently than once each month. They shall also provide for the calling of special meetings by the mayor or any three members of the council and shall prescribe the method of giving notice thereof. A majority of the council shall constitute a quorum for the transaction of business, but no ordinance shall be passed or resolution adopted having for its object the appropriation of money or the. levy of taxes and licenses except by the voHe of at least a majority-of all the members of the council. No ordinance, resolution, motion or vote, other than motions to adjourn, to fix the time and place of adjournment and other motions of a purely procedural nature, shall be adopted by the council except at a meeting opea to the public. Section ~.0.7. MAYOR. At its first meeting following the taking of.offiCe of councilmen after a councilmanic election the council shall choose by majority vote of-all the members thereof one of their number to be mayor and one to be vice-mayor for the ensuing term of two years. 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 have no veto power. He shall be recognized as the head of the city government for all ceremonial purposes, the purpose.s of~military law and the service of civil process.~ The vice-mayor shall in the absence or disability of the mayor perform the dUties of mayor, and if a vacancy shalt occur in the office of mayor the vice,mayor shall become mayor for the unexpired portion of the He, rm. In the absence or disability ~of both the mayor and the vice-mayor the council skalt by majority vote of those present choose one of their number to perform the duties of mayor. Section 4.08. CITY .CLERK. The Council shall appoint a city clerk for a two year term. He shall~be-~ clerk of the. council and custodian of %h.e corporate,seat of the city and he shall have suck further duties'-as the council may assign. Chapter 5 CITY MANAGER Section 5.01. APPOINTMENT AND QUALIFICATIONS. Th~ CounCil shall appoint a city manager ~no shall be the executive and administrative head of the city government. He shall be chosen Solely on the basis of his executive and administratilve qualifica- shall serve at the pleasure of the council. The council may te some qualified person to act as city manager in his absence disability. tion 5.02. POWERS AND DUTIES. The city manager shall be res to the council for the proper administration of all the affairs of the city which the council has authority to control, except the department of law. He shall have the power and it shall be his duty: (a) To attend all meetings of the council, to take part in alt~discussions, to present his views on all matters coming before ~th~e-councii and to recommend such action as he 'may deem expedient. (b) To appoint all officers and employees of the city and to remove such officers and employees, except as he may delegate such powers to'aPPoint and remove to his subordinates and except as otherwise provided in this charter. (c) To perform such other duties and to exercise such other powers as are vested in ~ity managers by ~15.1-926 'and 15.1-927 of~the Code of Virginia of 1950, as amended, and as may be assigned by the council. Section 5.03. cOUNCIL NOT TO INTERFERE IN APPOINTMENTS OR REMOVALS.· Neither the council nor any of .its members shall direct or request the'appointment of any person to or his rem. oval from any office or employment by-the city manager or by his subordinates. Chapter 6 BUDGET Section 6.01. FISCAL YEAR. The fiscal year of the city shall begin on the first day of July and shall end on the last .day of June of 6achcalendar year. Such fiscal year shall also constitute the b~dget a~daccounting .year. Section 6.02. SUBMISSION OF BUDGET. The city manager shatl' ~ubmit to t~he council a budget and a budget message at least 90 d~ys prior to the beginning of each budget year~. iO'O Sec%io:n 6.03,. PREPARATION 0F B~DGET.' It shall be the duty, o[ the haad of each dapartment, the judges of the courts not-of record, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, to file at such time as the city manager may prescribe estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. The city manager shall review the'estimates and other data pertinent to.the preparation of the budget and make such revisions in such estimates as he may deem proper, subject to the laws 'of the Commonwealth relating to obligatory expenditures for any,purpose,~except that in the case.of the, school board he. may recommend a revision onlyin its total estimated. expenditUre or by those major classifications or categories defined by state law. The budget shall be prepared in accordance with accepted, principles of municipal accounting and budgetary procedures andtechniques. Section 6.04. BALANCED BUDGET. In no event Shall the expendi- tures recommendedby the city manager in the budget exceed estimated receipts unless the ~ity manager Shall recommend an increase in the rate of. ad valorem taxes on real estate and tangible personal property on-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 last three tax years will make up the difference. If estimated receipts exceed estimated expenditures, the city manager may recon~end revisions in the'tax and license ordinances of the city in order to bring the budget into balance. Section 6.05. the recommendations of the city manager concerning the fiscal policy of the city, a description of the important features of the budget ~nd an explanation of all significant changes in the budget as to estimated'_receipts and-recommended expenditures as compared with the current and last preceding fiscal years~ BUDGET MESSAGE. The budget message shall contain Section 6.06. APPROPRIATION AND ADDITIONAL TAX ORDINANCES. At that he submits the budget, the city manager shall .nd recommend to the council an appropriation ordinance which shall be based on the budget and which also shall set a tax levy for 2he coming year. He Shall also introduce at the san~ time any ordinances to balance the budget as provided in Section 6.04. Section 6[07. PUBLIC HEARING.- The council shall hold'a public hearing on the budget as Submitted, at which all interested persons shatl be given an opportunity to be heard.' The council shall cause %o be published a notice of the time and place of the hearing not less than seven days prior to the date.of the hearing. One copy of th'e budget and budget message shall, be always.available for public inspection in the office of the city clerk during regular business hours. 10. 101 Section 6.08. ADOPTION OF BUDGET. After the public hearing the council may make sUch changes in the budget as it may determine, except, that no item of expenditure for debt service khaI1 be reduced or omitted. The budget shall be adopted by the vote of at least a majoritY, of all members of the council at least 30 .days prior to the end of the c~rrent fiscal year. Should the council take no action prior to such day, the budget and ordinances presented pursuant ~to'-~6.'04 and 6~06 of this charter in order to balance said budget shall be deemed to have been finally adopted as submitted. -In no event shall the council adopt a budget in which the estimated total of expenditures exceeds receiPts, unless at the same time it adopts reve~u~-es~imated to be~..s~ffi~ien~ to ) the difference. Section 6.09. ADDITIONAL APPROPRIATIONS.. Appropriations in addition to those contained in the general appropriati0n ordinance maybe, made by the Council only if there is available in.the general fund an unencumbered and unappropriated sum sufficient to meet such -~pp~o-p~iations. Chapter 7 BORROWING Section 7.01. BORROWING POWER. The Council may, in the name of-and'for the use of the city, incur indebtedness by issuing its negotiable bonds or notes for the purposes, in the manner, and to the extent provided in this chapterland under general law when general law is not inconsistent ~with this chapter. Section 7.02. puRPosEs FOR ~HICH BONDS OR NOTES MAY BE ISSUED. Bonds, and notes in anticipation of bonds when the issuance of bonds 'has been authorized as hereinafter provided, may be issued for any purpose for which cities are authorized to issue bonds b~ the Constitution or general laws of the Commonwealth. Notes may be i.ssued, when. authorized by the council, at any time during the current fiscal year in anticipation of the collection of the taxes and revenues of such<fiscal year. .-SectiOn 7,0'3. LIMITATIONS ON INDEB'TEDNESS. In the issuance of bonds and notes the city shall be subject to the limitations as to amount contained in-the Constitution and general laws of the Common~e.alth. Section 7.04. FOra 0F BONDS. Bonds and notes of the' city shall be issued in the manner provided by general law. 1'1. 102 Section 7.05. AUTHORITY FOR THE ISSUANCE OF BONDS. No bonds of the city shall be issued until their issuance shall have been authorized by an ordinance, adopted ~by a majority of all members of the council and approved by a.majority of.the qualified voters of -the city voting on the question at an election called and-held.for the purpose in the manner provided by law for submitting a~y question or proposition t0 the.electors, provided that no such approval, of the qualified voters shall be required for the issuance of refunding bonds or bonds for the payment ofwhich the city's full faith and credit ara not pledged. statements of fact contained in the bond ordinance or in the preambles or recitals thereof shall be deemed to be true for the purpose Of determining the validity of the bonds thereby authorized, and.the city and all other parties interested.shalt forever there- ~fter ~be estopped from denying-the same, (b) the bond ordinance and the bond election, if any, shall be conclusively presumed to have been duly and regularly passed or held by the city and to comply with the provisions of this charter and all laws, and (c) neither the validity of the bond ordinance nor the'bond election, if any, shall thereafter be questioned by either a party plaintiff Or a party defendant except in a suit, action or proceeding commenced prior to ~the~.expiration of such 30 days. S~ction 7.07. PAYMENT OF BONDS. AND NOTES. ~he-power and obligation of the city to pay any and all bondS and notes issued pursuant to'this chapter, except bonds and notes for the payment of~which-the city's full faith and credit are not pledged, shall be unlimited and the city shall levy ad valorem taxes upon all taxable property within the city for the payment~of such bonds or notes.~and~the, interest thereon, without limitation as to rate or amount~ .'Thee full faith, and credit of %he city are hereby pledged for the payment~of the principal of and in~erest on all bonds and notes of the-City of Charlottesville, Albemarle .County, inCludin~g any sanitary districts therein,and the Town of Scotts- ville, issUed and outstanding on the effective date of this charter and of the city issued hereafter pursuant to this chapter, except bonds or.notes limited as to payment from a specific source or fund, whether-or not such pledge be stated in the bonds or notes or i~n the proceedings authorizing their issuance. 12. 103 Chapter 8 ADMINISTRATIVE DEPARTMENTS Section 8.01. CREATION OF DEPARTMENTS. The city shall have departments of finance, real estate assessment,' law, and education a~d such other administrative departments as the city manager, with council approval, may establish, Whether or not such departments are mentioned in this charter. The city manager may, with council approval, create new departments or subdivisions thereof, combine or abolish existing departments and distribute the functions thereof 'or estsblish temporary departments for special work;, provided, how~er~ that~ the:city~manager~ shall not have. the power to abolish, · transfer or combine.the functions of the departments, of finance, real estate assessment, law, and education. The following administrative, departments, subject to .any limitations and provisions contained in this charter, are hereby established as the initial administrative departments of the ''cons61i~ated city: Department of Potice Department of'Planning Department o'f Fire PrOtection Department of Education Department of Public Welfare DePartment of Law Department of Public Works' Department of Finance Department of Engineering Department of Personnel Department of Public Health Department of Parks and Recreation Department. of Farm and Home Demonstration Department of Real Estate Assessment Section 8.02. DEPARTMENT HEADS. There shall be a director at the head of each'department and the same person may be the director of several departments. The director of each. department, except the departments of.real estate assessment, law, and educatiOn, shall be appointed by'the City manager and max be removed by him at any time; provided, however, that the Council may desig.nate the city manager to be director of one or more departments. The .director Of each department' shall-be chosen on t/ae basis of his general executive and a~nistrative ability and experience and his eduCation, training and experience in the class of work which he is to administer. Section 8.03. RESPONSIBLE TO CITY M3~NAGER; The director of each department, except the departments of law and' education, shall be:. immediately responsible to the city manager for %he administration of their respective departments, shall be under the city manager's _~.gen:eral smpervision, and their advice may be required by him on all matters affecting their departments. They shall make reports and recommendations concerning their departments to the city manager under such ruleS and regulations as he may prescribe. 13. Chapter 9 FINANCIAL ADMINISTRATION Section .9.01. DEPARTMENT 6F FINANCE. The-department of finance shall include a director of ~finanCe, a comptroller or accounting officer, the city treasurer and the commissioner of revenue and ~heir respeCtive offices, and such other officers and employees as may be appointed by the city manager.. SeCtion 9%02. DIRECTOR OF FINANCE, The head df the depart- ment-sh~all-be~th~director Of 'finance who shall be appointed by the city manager. He shall have Charge of the financial affairs of the City, including such powers and duties as may be assigned by the council not inconsistent with this charter or with the Constitution and general laws of the Commonwealth. Section 9.03. CITY'TREASURER., The city treasurer shall ¢ollectand'~receive all money due the city by the Commonwealth and all taXes and levies due the Commonwealth and collected within the city, and shall disburse the same as provided by general law. Except as may be otherwise provided by general law or by the council, the city treasurer shall collect and receive all money, taxes and levies due the city and disburse the same according to ordinances of the city. He shall be the custodian of all public money and securities of the city and aI~ other money coming into his hands as city treasurer. He. shall perform such other duties as the council or the city manager may assign not inconsfstent With this charter or with the Constitution and general laws of the Commonwealth. Section 9.04. COLLECTOR OF CITY TAXES. The cOu~Cii may direct the city manager to appoint a collector of citY~taxeswho ~shali have such powers and.duties as.the council may assign. Section 9.05. COMMISSIONER OF REVENUE. The commissioner of revenue shall perform.such duties not inconsistent with the laws of"the Commonwealth in relation to the assessment of property and ticensesa~s.'may be-required by-the council for the purpose of levying city taxes and licenses .and such other duties, as may be assigned by-ordinance or_by the city manager. Section~9.06. ANNUAL AUDIT. The'council shall cause to be made an independent~ audit of the ~city's finances at the end of each fiscal year by the auditor of public accounts of the~Commonwealth ~or by a firm of independent certified public accOUntants to be selected by the council. One copy of the report of such audi~'shalt be always a.vai~b~, for public inspection in the office of the city Clerk dUring regular business hours. 24. 105 Chapter l0 REAL ESTATE ASSESS~NT SectiOn 10.01. ANNUAL REAL ESTATE ASSESSMENT. The council shall provide b~ ordinance for t~e annual assessment, reassessment .and equalization of assessments of real estate for local taxation and to that end may appoint one or more persons to assess or reassess for taxation of the real estate within the city. SUch assessors shall make assessments and reassessments on the same baSis~as real estate is required to be assessed under provisions o.f general law and as of the first day of January of each year in which such assessment, reassessment and equalization of assessments is made, shall have the same authority as the assessors appointed under'the provisions of general law and shall be charged with duties .similar to those thereby imposed upon such assessors. The circuit court shall annually appoint a'board of equali.zation of real estate assessments to be composed of three members who shall be freeholders of. the city. Such board of equalization shall have and may exercise the powers to revise, correct and amend any asSessments:of real estate and to that end Shall have all powers conferred upon boards of equalization by general law. The provisions of general law notwithstanding, the board of equalization may adopt any regulations providing for the oral presentation, with formal petitions or: other pleadings of requests for review, and-looking to the future facilitation and simplification of proceedings before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation CommissiOn. Section 10.02. DEPARTMENT OF REAL ESTATE'ASSESSMENT. There shall be' a department of real estate assessment the~head of which shall be appointed by the council upon recommendation of the city manager at a salary fixed by the council. The head of the depart- ment of real estate assessment shall serve either at the pleasure of the council or for a definite term of years as the council shall determine by ordinance. He shall also be known as the assessor of real estate and may employ a deputy assessor or assessors, subject to council apprOVal, and such other clerical and other assistants as:ithe ~itY council may from time to time authorize And for Which appropriations have.been made. 15. Chapter 11 · DEPARTMENT OF LAW Section 11.01. DEPARTMENT OF LAW. The department of law shall consist of the city attorneY and such assistant city attorneys and other employees as may be provided by the council. Section 11'.02. CITY ATTORNEY. The head of the department of law shall be the city attorney who shall be an attorney licensed to practice law in the Commonwealth. He shall be appointed.by the council and shall serve at its pleasure. The city attorney shall be the chief legal advisor of the council, the city manager and all depart- ments, boards, commissions and agencies of the city in all matters affecting the interests of the city. He shall represent the city in all civil proceedings. It shall be his duty to perform all services incident to his position which may be required by general law, this charter, or by the council. Section 11.03. RESTRICTIONS ON ACTIONS FOR DAMAGE AGAINST CITY. No action shall be maintained against the city for injury or damage to any person, or~ property or for wrongful death alleged to have been sustained by reason of the negligence of the city or any officer, .employee or agent thereof, unless a written statement by the claimant, his agent, attorney or representative Of the nature of the claim and of the time and place at which the injury or damage is alleged to have occurred or been reCeived shall have been filed with the city attorney within 60 days after such cause of action shall have accrued, except that when the claimant is an infant or non compos mentis or the injured person dies' within such 60 days such statement may be filed within 120 days. Neither the city attorney nor any other officer, employee or agent of the city. shall have authority to waive the foregoing conditions precedent or any of them. Chapter 12 DEPARTMENT OF EDUCATION Section 12.01. DEPARTMENT OF EDUCATION. The department of' education shall consist of the City School Board, the Superintendent of Schools and the officers and employees thereof. Except as other- wise provided in this charter, the City School Board and the Superintendent of Schools shall exercise all the powers conferred and perform all the dutieS imposed upon them by general law. Section 12.02. SCHOOL BOARD (a) Initial Composition. From the effective date of consolida- tion to January.'.15, 1971, the school board shall consist of thirteen (13) members, seven of whom shall, be the incumbent members of the 16. 107 school board of the City of Charlottesville on the effective date of consolidation and six of' whom shall be the incumbent members of the school board of Albemarle County on such effective date. The school, board shall have all duties and powers conferred upon city school boards by general law. (b) Permanent Composition. Beginning on January 15, 1971, the city school ~board shall consist of' eight (8) members, one of whom shall be appointed by the council from among the residents of each of the eight wards or election districts of the consQlidated city. Terms shall be staggered so that three board me~ers taking, office in 1971 will have terms expiring on June 30, 1973, three members will have terms expiring on June 30, 1974, and two members will have terms expiring on June 30, 1975. After June 30, 1973 all appointments, unless made to fill unexpired terms, shall be made for terms of three years. No member shall be reappointed who h~s served as a member for nine consecUtive years immediately, preceding such reappointment. Vacancies shall be filled by council in a manner consistent with this charter and with general law. The foregoing notwithstanding, the council by a vote of at least two-thirds (2/3) of all members of the council shall have the power to remove a member of the school.board before his term expires. Chapter 13 CITY PLANNING SectiOn 13.01. PLANNING "COMMISSION. There shall be a city planning commission which shall consist of not less than five nor more than fifteen members, and shall be organized as provided by general law, All members of the commission shall be qualified voters of the city and shall be appointed by the council for terms of four years, provided, however, that~ initial appointments shall be made so far as practicable, in a manner~which causes expiration of terms on a staggered basis. Section 13.02. FUNCTIONS OF PLANNING COMMISSION. The planning commission shall be responsible for making recommendations to the council .on all phases of city planning, including a master plan, zoning, and subdivision control. It shall have the powers and duties provided by qeneral law and such Other powers and duties as may be assigned by the council. Section 13.03. BOARD OF ZONING APPEALS.. These shall be a board of zoning appeals which shall consist of five members appointed for three year terms by the circuit court. The board of zoning appeals shall have all powers granted to boards of zoning appeals by general law. Appeals from any action of the board of zoning appeals may be taken to the circuit court in the manner prescribed by law. 17.¸ Chapter 14 ADMINISTRATION OF JUSTICE Section 14~01. CIRCUIT COURT. The consolidated city shall be a part of the Eighth J~dicial Circuit of Virginia, replacing Albemarle County an that circuit. Those incumbent judges of the circuit court of Albemarle County and the corporation court of the City of diately preceding the effective date of this designated as judges of the Eighth Judicial Circuit and of~the new circuit~court of. the consolidated city. Section 14.02. JURISDICTION OF CIRCUIT COURT JUDGES. Both judges of the circuit, court of the city shall have full concurrent jurisdiction and power t° try all civil and criminal cases arising within the Eighth Judicial CirCuit. The actual work load shall be distributed between the two judges by agreement, or, failing such agreement by assignment Of cases by the Senior Judge-. The Senior Judge will'be the one who has served longer as a judge of a court of record, He shall serve on the Board of Miller School and shall have and exercise 'all powers to appoint other officials within the consolidated city-as are granted to the circuit court by general law or by city charter. Section 14.03. CLERK OF THE CIRCUIT COURT. There shall be a clerk.of the circuit court of the consolidated city as provided by general law. His duties, rights and responsibilities will be governed by general law. Pursuant to the consolidation agreement, either the incUmbent clerk of the corporation court of the City of Charlottesville or of the circuit court of Albemarle County upon the effective date of this charter~sh~ll serve .as clerk of the circuit court of the consolidated' city for the remainder'of the term to which he was elected. The other incumbent clerk on the effective date of consolidation, for the~ remainder of his term, shall serve as principal deputy. Section 14.04. MUNICIPAL COURT. The county court of Albemarle county and the.muniCipal court of the. City 'of Charlottesville shall be merged into a single municipal court of the consolidated~'ci~y with fult criminal and civil jurisdiction as provided for municipal courts by general law throughout the consolidated city. This court will be divided intO two divisions to be known as Part I end.Part II., each' of which will be presided over by a judge of eqUal rank with fully concurrent jurisdiction throughout the consolidated city. The incumbent judge of the municipal court of the City of CharlOttesville at 'the effective date of consolidation shall be judge of.the n-ew municipal court, Part I, and shall continue to serve for the remainder of the term'fOr'which he was las% appointed by the judge of the corporation court of the City of CharlottesVille. The inGumbent judge of'the county court of Albemarle'County shall be judge 0f the new municipal court, Part II, and shall continue to serve for the remain~der ~f the term for ~nich he was last appointed by the judge of 18. 10"9 the circuit court of Albemarle County. Upon expiration of their respective terms, or if a vacancy occurs in either position for any reason prior to such expiration, these judges shall be reappointed or replaced by order of the circuit court of the consolidated city for new terms of four years, each subject to state law. The circuit court shall appoint Substitute judges of ~he municipal court as provided by state law. Salaries of municipal court judges shall be fixed by the council. Section 14.05. JURISDICTION.OF, MUNICIPAL COURT. Although the jurisdiction of the two munlczpal judges will be concurrent and co-eXtensive, cases shall be assigned to the two parts of the court, on a geographical basis as a matter of general practice. All municipal court criminal cases arising from alleged offenses committed in the Boroughs of the consolidated city which include the former City'of Charlottesville and the former Charlottesville Magisterial District and all municipal Court civil cases in which process is served within those Boroughs will be assigned to and tried in Part I; all other civil and criminal cases properly cognizable by the municipal court will be assigned to and tried in Part II. The circuit court of the consolidated city shall have full power at any time to reorganize the two parts of the municipal court and to prescribe such other plan as it.may see fit to fairly and equitably divide the load of work between said parts and the judges thereof in order to provide the best possible result in the administration of justice in' that court, or, with the approval of city council, to consolidate the two parts of the municipal court under a full'time judge. Section 14.06. CLERK ,OF THE MUNICIPAL COURT. A clerk of the municipal court of the consolidated city shall be appointed by the circuit court, subject to approval by city council, to serve at the pleasure of the appointing court. Such clerk shall keep all records of both Parts of the court and shall, subject to approval by the judge and the city council, employ such deputies and other personnel as-shall be needed to assure proper assistance to the judges and proper .service to the public'. He shall ~also maintain a principal clerk's office which serves both Parts'of the municipal court. On ~he effective date of the charter, or as soon thereafter as practic- able, all records and papers of the former courts not of record shall be transferred to such central clerk's office. Section 14.07. TR3uNSITION OF COURTS. Ail actions of every kind, criminal as well as civil, pending in the courts of the City of Charlottesville and k!bemarle County on the effective date of this charter shall automatically be transferred to and proceed to final, judgment in the courts of the consolidated city. So far as practicable,' the judge who has heard porti6ns of a particular case before the effective date of this charter will Continue to hear it to its conclusion. 19. Section 14.08. JUVENILE AND DO~ESTIC .RELATIONS COURT. The consolidated city shall be a part of the region served by the regional juvenile and domestic relations court for the Eighth Judicial Circuit and remain within the jurisdiction of that court unless such jurisdiction is changed in the manner provided'by genera! law. Section 14.09. JUSTICES OF THE PEACE. The circuit cOurt shall · r~ber of justices ~of the peace as it may deem necessary ation of j~s~ice~pursUant-to Title 39.1 of 1950, as amended. The circuit court shall also appoint one or more special ~justices to hear and adjudicate petitions for commitment anda~missions of mentally ill persons within the consolidated city as provided in Title 37.~t of the Code of Virginia of 1950, as amended. Section 14.10. NOTARIES PUBLIC. Notaries public for Albemarle County andthe-City of Charlottesville shall .have futl.powerand authority in the-consolidated City. until their commissions expire. Chapter 15 MISCELLANEOUS AND TRAxNSITION PROVISIONS Section 15.01. ASSETS AND LIABILITIES, Upon the effective date of this charter, all Property, rea! and personal, of the City of Charlottesville and Albemarle ~County and the Town of Scottsville including sanitary districts therein, shall be"vestsd in and owned by the consolidated city, and any and all debts due the city and the county and the town, including sanitary districts therein, shall become due to the consolidated city.. The consolidated city shall assume the payment of alt the then outstanding indebtedness, bonded or otherwise, including iDterest thereon, and all of ~he then existing contracts'and any otherobligatiOns of the city and the county and the town, including sanitary districts therein, in the same manner and~to the same extent as if they were originally issued, made, enteredinto or~arosedirectty by or with the ~consolidatedcity. Section l5.02. ELECTIONOF CONSTITUTIONAL' OFFICERS. .The offices of the clerk of the circuit court, attorney for the Commonwealth, commissioner of'reven~e, city treasurer~.andcity sergeant shall be elective and.shall be. filled in accordance with the provisions of the Constitution/and, except as otherWise providedin this charter, in accordance with general law. ThoSe persons holding offic~ immediately 'preceding the effective date of this~charter as' clerk of ~he respective courts of record for both the city and the county., attorney for. the Commonwealth of both the-city and the c~unty, treasurer of the city, commissioner of revenue ofthe city, sergeant of the city, and sheriff of the county shall Continue as. officers of the Consolidated city at not less than their same salaries-for the r~emainder of~their terms towhiCh they were elected or.appointed. 111 Except for the office of the sheriff-which office shall cease and terminate upon expiration of the incumbent sheriff's term on December 31, 1971 and except for the offices of the clerks of the courts of record, all of the foregoing offices will be subject to election in NoVember 1973, and every four years thereafter. The incumbent, who is designated clerk of the circuit court of the consolidated city pursuant to provisions in the consolidated agree- ment shall serve in that capacity until expiration of the term to which he was elected. Upon the expiration of such term, his office according to general law. Sectional5.03. POWERS AND DUTIES OF CONSTITUTIONAL OFFICERS. The clerk of the circuit court of the consolidated city, attorney for the Commonwealth, commissioner of revenue, and city treasurer, sha. I1 have such 'powers and perform such duties as are provided by the Constitution, and except as otherwise provided in this charter, as .are provided by general law. Until December 31, 1971, at which time'his term will expire and the office of sheriff will cease to exist, in the area which formerly comprised Albemarle County, the sheriff shall continue to possess all those powers and perform those duties Which-he held and performed in that same area prior to consolidation unless his former duties and powers related to police work and criminal law enforcement are turned over to the poIic~ department as provided in the consolidation agreement. The sergeant of the consolidated city shall perform his duties within the former City of charlottesville as provided by law until the office of sheriff ceases and terminates. Thereafter the city sergeant shai1 perform all duties given him by law throughout the consolidated city. Both the sheriff and the sergeant shall have authority to serve legal papers throughout the entire consolidated city, and both shall be officers of all courts with territorial jurisdiction over the consolidated city.. Section 15.04. _ORDINANCES CONTINUED IN EFFECT'. Ail ordinances, ruleS, regulations and orders legally made by the City of Cb~r~lottesvilte~,and Albemarle County in force immediately preceding the effective date.of this charter, insofar as they or any portion thereof are not inconsistent herewith or with any consolidation agreement between the City of Charlottesville and Albemarle .County, shall remain in full force and effect within the same area to which they were applicable immediately preceding the effective date of this charter until amended or repealed in accordance with the provisions of this charter or general law. SectiOn t5..~05. PRELIMINARY MEETINGS OF coUNcIL. The members of the Council'Of the City of Charlottesville and the Board of Supervisors of Albemarle County who will become members of the consolidated city on the effective date of this charter are authoriz- 21. ed and directed to meet at such times and Places as they may deter- mine. for the purposes of considering the appointments which are or will be'required of them,.the preparation of ordinances, and such other matters' as may 'be necessary to effectuate the transition resulting from consolidation. Section'15.06. REPRESENTATION IN THE GENERAL ASSEMBLY. The granting of this charter shall in no way affect or change the r,epresentation in the General Assen~bly of Virginia to which the people of the City of Charlottesville and Albemarle County were --e~titled i~ediat~Ty Preceding the effective date o~ this charter untess....and.until such~ repres-entation is. changed as provided by general law. Section 15.07. HOUSING AUTHORITY. The ChArlottesville Redevelopment and Housing Authqrity shall be renamed uSinr9 the name of the:consolidated city, and the commissioners in office .on the effective date:of"this charter shall continue in office until the. expiration of the terms for which they were appointed. There existing a need for the authority to serve the entire area of the consolidated.city, the aUthority shall have jurisdiction and may exercise all its powers: throughout the consolidated city, notwith- standing any,other provision or requirement of any special act or general law to the contrary. The authority shall possess all of the powers previously held by the Charlottesville-Redevelopment and Housing Authority .and all additional powers heretofore or hereafter granted to it by general law or special act. On the effective date of this charter, all outstanding bonds, contracts, notes and other obligations of the Charlottesville Redevelopment andHousing Authority, shall continue to be the obligations of the authority as renamed and expanded, provided that this paragraph shall not be construed to limit the rights of any holder of any bond, contract or note which accrued -prior to such effective d~te. Section 15.08. SAVING CLAUSE. In the event that any portion, section or provision of 'this charter shall be declared illegal, invalid or unconstitutional by final judgment of any court of compe, tent j~risdiCtion, such judgment-shall not invalidate any other portion; section or, provision hereof, but all parts of this charter nog expressly held to be invalid shall remain in full force and effect. , 22. Counci..~ of the.~ty:~ ' of~:~"~ ..... .~:.~' ~'~s~i!le~ are cf '~h~:~ ~:pznlon' ~ '~"'~" ~ of con%~idatign of the into a %~ingle consoiidatea city .should be submitted Lo a vcte by :.: =~J_d C~ounty and City~ and %~C~EREAS, the consolidation agreement dated November 18, 1969 chis p~oposed charter a~Uached thereto, which were prepared by the far tl;~e County and City and were presented to this meeting,, set %.~r~n~3 Prod condi~.ions ~or such consolidation which have been agreed t'k~e~ ]~[~>ar~ of sai'~ Count'~j' and .Coun im of said City after many monti%s ',~.~,:':~ sku. dy; and R'HE~AS, ~he charter ~nnachea to the consolidation agreemen= ?~c'v'e~3er 18, 1969, s,5~ould oe enacted by the General Asse~i~~ of' ~,":lo~' =~ a referendum on March 3, 1970, but subject to the ~unco~,~ s'~: dh referend~m~ ' !:~OW~ T~iREFO~, BE iT ~SOLVED, that the Board of Supervisoz'.~ ~ ~.~.~ar2~ Cou~uv. _ ~nd the .~:~.,~"u'~ncm'~ .......... of the City of CharlOttesville · ~a~P-:~-."~fu!ly request c .......... ~ j. 'a · ~en~.~ H r~y Michael Jr.., and Delec~ates ...... 2~<~'. Ciief ~nd C_ Armonde Pa'xson to submit uhe afcresaid Ckart~{%: Ge~eral .ksser}bly of Virginia for enact~ent, it is 'hereby reqdeslr:s6~ sa,zc" Charter De e.:_ac- ' aec" on a st~n,~by.. basis, no become effective ~::~.ara ~ the ::'e%uis~%e ':ouer appznval of the voters of zhe ~ .t~ '~'~-~-,:,~:'~-'"~ and t'he~,~y cfi Charlo~.~.=~v.z~le~"'~'"'~ '' on March ~, 1970 .