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 -
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