1969-11-18SPECIALnot 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
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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
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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 .