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360 <br />§ 43 CHARTER OR CITY OF CHARLOTTESVILLE § 451 <br />as are, or may be, designated by law, and the jurisdiction of said <br />court shall be such as is now prescribed; provided, of course, that <br />the power to abolish said court in accordance with the Constitu- <br />tion of the State is in no way hereby affected. And the City of <br />Charlottesville shall remain a part and parcel of the same legis- <br />lative and senatorial districts to which it now belongs. <br />Sec. 43. Water supply and sewerage system. <br />That the corporate authorities of said city be, and they are <br />hereby, authorized and empowered to erect suitable dams and res- <br />ervoirs, and to lay suitable pipes to supply said city with an ade- <br />quate supply of water, and to establish and construct a sewerage <br />system for said city; and for such purpose to acquire, either by <br />purchase or by condemnation, according to the provisions of the <br />general law for the condemnation of lands by incorporated cities, <br />such lands and so much thereof as may be necessary for the <br />aforesaid purposes. <br />Sec. 44. Elections. <br />All elections under this charter shall conform to the general <br />law of the State in regard to elections by the people. <br />Sec. 45. County property within city limits; arbitra- <br />tion; school property in Charlottesville school <br />district; Miller Manual Labor School. <br />The property now belonging to the county of Albemarle within <br />the limits of the City of Charlottesville shall be within and sub- <br />ject to the joint jurisdiction of the county and city authorities <br />and officers, and shall not be subject to taxation by the authorities <br />of either county or city; and if the county and city aforesaid can- <br />not agree upon the term of joint occupancy and use of such <br />property in regard to which settlements may not have already <br />been effected, the right of said city to such joint occupancy and <br />use being hereby recognized, then the board of arbitration herein <br />provided for shall determine the terms of such joint occupancy <br />and use, and said board of arbitration shall determine what <br />rights, if any, the city aforesaid has in all other county property; <br />but this is subject to the recognition of the right of the city, as <br />31 <br />DIVISION II <br />The Code <br />An Ordinance Adopting a New Code of Ordinances for <br />the City of Charlottesville, Virginia. <br />Whereas there has been no general revision and recodification <br />of the ordinances of the City of Charlottesville since 1932; and <br />Whereas the City Council, on November 6, 1944, authorized a <br />general revision and recodification of the ordinances of the City <br />of Charlottesville of a general and permanent nature, to be pub- <br />lished by authority of the Council; and <br />Whereas such general revision and recodification of such or- <br />dinances has been completed; therefore, <br />Be IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />CHARLOTTESVILLE: <br />That the following chapters, namely, Chapters 1 to 33, both in- <br />clusive, are adopted as general ordinances of the City of Char- <br />lottesville. <br />CHAPTER L <br />GENERAL PROVISIONS. <br />1. Hdw--code designated and cited. <br />2. Rules of construction. <br />3. Constitutionality. <br />4. Catchlines of sections. <br />5. General penalty for violation of code. <br />6. Repeal of general ordinances in conflict herewith; saving clause. <br />7. Corporate seal. <br />8. Same—Custodian. <br />9. Execution of deeds, contracts, etc. <br />10. Designation and boundaries of wards. <br />11. Election districts; voting places. <br />Ch -3 33 <br />§ 46 CHARLOTTESVILLE CITY CODE § 48 <br />well as the county (through the district school board or other- <br />wise) in the school property, in Charlottesville school district; <br />and nothing herein contained shall affect the rights of the inhab- <br />itants of said city to participate in the benefits of the Miller <br />'.Manual Labor School in the Samuel Miller district in said county. <br />Sec. 46. Board of arbitrators; duties; awards. <br />A board of arbitrators composed of three members, one to be <br />selected by the board of supervisors of Albemarle County, one by <br />the council of Charlottesville, and they to choose a third, is hereby <br />established, whose duty it shall be to adjust and decide the mat- <br />ters hereinbefore submitted to them, and all such other questions <br />as may arise between said city and county, growing out of the <br />extension of the corporation limits, and the establishment of a <br />city government. The awards of said arbitrators shall be en- <br />tered upon the records as the judgments of the city court or the <br />county circuit court, as the arbitrators may designate. <br />Sec. 47. Same person may hold county and city office. <br />And it is further provided that the same person shall be eligible <br />to and, if elected, may hold a county office and a city office, if the <br />said offices be of the same nature, at the same time; provided, <br />such officer lives within the city limits; and any person otherwise <br />qualified, who is a resident of the City of Charlottesville, shall <br />be eligible to election or appointment to any county office of <br />Albemarle County. <br />Sec. 48. When charter effective. <br />It appearing that an emergency exists by reason of the fact <br />that.the election for councilmen must be held in the City of Char- <br />lottesville in June, nineteen hundred and twenty-two, and also <br />by reason of the fact that license taxes have to be adjusted in the <br />City of Charlottesville on the first day of May in each year, this <br />act is hereby declared to be an emergency act within the provi- <br />sions of section fifty-three of the Constitution of Virginia, and <br />shall be in force from its passage and retroactive and effective <br />as of the sixteenth day of March, nineteen hundred and twenty, <br />as herein provided. <br />32 <br />C. 1, § I CHARLOTTESVILLE CITY CODE C. 1, § 2 <br />Sec. 1. How code designated and cited. <br />The ordinances embraced in the following chapters and sec- <br />tions shall constitute and be designated "The Code of the City of <br />Charlottesville, 1945," and may be so cited. Said code may also <br />be cited as "Charlottesville City Code of 1945." <br />Sec. 2. Rules of construction. <br />In the construction of this code, and of all ordinances, the fol- <br />lowing rules shall be observed, unless such construction would be <br />inconsistent with the manifest intent of council: <br />City. The word "city" shall be construed as if the words "of <br />Charlottesville" followed it. <br />Computation of time. Whenever a notice is required to be <br />given or an act to be done, a certain length of time before any pro- <br />ceeding shall be had, the day on which such notice is given, or such <br />act is done, shall be counted in computing the time, but the day on <br />which such proceeding is to be had shall not be counted. <br />Council. Whenever the word "council" is used, it shall be con- <br />strued to mean "the council of the Citj of Charlottesville." <br />Gender. A word importing the masculine gender only shall ex- <br />tend and be applied to females and to firms, partnerships and cor- <br />porations as well as to males. <br />Month. The word "month" shall mean a calendar month. <br />Number. A word importing the singular number only may ex- <br />tend and be applied to several persons and things as well as to one <br />person and thing. <br />Oath. The word "oath" shall be construed to include an affir- <br />mation in all cases in which by law an affirmation may be substi- <br />tuted for an oath, and in such cases the words "swear" and <br />"sworn" shall be equivalent to the words "affirm" and "affirmed". <br />Owner. The word "owner", applied to a building or land, shall <br />include any part owner, joint owner, tenant in common, tenant in <br />partnership, joint tenant, or tenant by the entirety, of the whole or <br />of 'a part of such building or land. <br />Person. The word "person" shall extend and be applied to as - <br />34 <br />1 <br />1 <br />LJ <br />1 <br />t <br />