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H.R. 4694, H.R. 2321, H.R. 4726, H.R. 4400, H.R. 4630,
H.R. 4715, and S. 1681
FOR THE DISTRICT OF COLUMBIA
JULY 28, AUGUST 3, 7, 14, AND 26, AND SEPTEMBER 3, 1959
Subcommittee No. 3
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1959
45 545SU 2923
12/98 31150-173 MAP
PART 2-ANNUAL POST AUDIT BY GENERAL ACCOUNTING OFFICE
Sec. 721. Independent annual post audit.
PART 3-ADJUSTMENT OF FEDERAL AND DISTRICT EXPENSES
Sec. 731. Adjustment of Federal and District expenses.
TITLE VIII-ELECTIONS IN THE DISTRICT
Sec. 801. Board of elections.
Sec. 901. Agreements with United States.
TITLE X-SUCCESSION IN GOVERNMENT
Sec. 1001. Transfer of personnel, property, and funds.
TITLE XI-SEPARABILITY OF PROVISIONS
Sec. 1101. Separability of provisions.
TITLE XII-TEMPORARY PROVISIONS
Sec. 101. For the purposes of this Act-
(2) The terms “District Council" or "Council” means the Council of the District of Columbia provided for by title III.
(3) The term "Chairman" means the Chairman of the District Council provided for by title III.
(4) The term "Mayor” means the Mayor provided for by title IV.
(5) The term "qualified elector” means a qualified elector of the District as specified in section 806, except as otherwise specifically provided.
(6) The term “act” includes any legislation adopted by the District Council, except where the term "Act” is used to refer to this Act or other Acts of Congress herein specified.
(7) The term “District Primary Act" means the Act of August 12, 1955 (Public Law 376, Eighty-fourth Congress ; 69 Stat. 699).
(8) The term “person” includes an individual, partnership, association, jointstock company, trust, or corporation.
(9) The term "capital project, or "project”, means (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired.
(10) The term "pending", when applied to any capital project, means author. ized but not yet completed.
(11) The term “Board of Elections” means the Board of Elections created by section 3 of the District Primary Act.
(12) The term “election”, unless the context otherwise indicates, means an election held pursuant to the provisions of this Act.
(13) The term "domicile" means that place where a person has his true, fixed and permanent home and to which, when he is absent, he has the intention of returning.
(14) The term “municipal office" means an office of any governmental unit subordinate to a State or Territorial government.
(15) The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation published in the District.
(16) The term "Municipal Courts of the District of Columbia" means the Municipal Court for the District of Columbia, the Municipal Court of Appeals for the District of Columbia, the District of Columbia Tax Court, the juvenile court of the District of Columbia, and such other municipal courts as the District Council may hereafter establish by act.
TITLE II-STATUS OF THE DISTRICT
STATUS OF THE DISTRICT
SEC. 201. (a) All the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia is hereby declared to be a body politic and corporate in perpetuity for governmental purposes and as such may sue and be sued, contract and be contracted with, and have a corporate seal. Such body politic and corporate is the successor of the District of Columbia created by section 2 of the Revised Statutes relating to the District of Columbia and continued by the first section of the Act of June 11, 1878 (D.C. Code, 1951 edition, sec. 1-102). So far as is consistent with the provisions of this Act, all powers, rights, privileges, immunities, duties, obligations, assets, and liabilities of the District of Columbia created by such section 2 are hereby transferred to, vested in, and imposed upon the body politic and corporate created by this section.
(b) Section 1 of the Act of February 21, 1871 (16 Stat. 419), and section 1 of the Act of June 11, 1878 (20 Stat. 102), are hereby repealed.
(c) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).
TITLE III–THE DISTRICT COUNCIL
PART I-CREATION OF TEE DISTRICT COUNCIL
CREATION AND MEMBERSHIP
SEC. 301. There is hereby created a Council of the District of Columbia consisting of nine members elected as provided in title VIII.
QUALIFICATIONS FOR HOLDING OFFICE SEC. 302. No person shall hold the office of member of the District Council unless he (1) is a qualified elector, (2) is domiciled in the District and resides in the ward from which he is nominated, has, during the three years next preceding his nomination resided and been domiciled in the District and has for one year preceding his nomination, resided and been domiciled in the ward from which he is nominated, (3) holds no other elective public office, and (4) holds no appointive office for which compensation is provided out of District funds. A member of the Council shall forfeit his office upon failure to maintain the qualifications required by this section.
SEC. 303. Each member of the District Council, except the Chairman, shall receive compensation at a rate of $6,500 per annum, payable in periodic installments. The Chairman shall receive compensation at a rate of $8,500 per annum, payable in periodic installments. All members shall receive such additional allowances for expenses as may be approved by the District Council to be paid out of funds duly appropriated therefor.
CHANGES IN MEMBERSHIP AND COMPENSATION OF DISTRICT COUNCIL MEMBERS
Sec. 304. The number of members constituting the District Council, the qualifications for holding office, and the compensation of such members may be changed by act passed by the District Council: Provided, That no such Act shall take effect until after it has been assented to by a majority of the qualified electors of the District voting at an election on the proposition set forth in any such act.
PART 2-PRINCIPAL FUNCTIONS OF THE DISTRICT COUNCIL
FUNCTIONS HERETOFORE EXERCISED BY THE BOARD OF COMMISSIONERS
SEC. 321. (a) Except as otherwise provided in this Act, all functions granted to or imposed upon the Board of Commissioners of the District are hereby transferred to the District Council except those powers hereinafter specifically conferred on the Mayor.
(b) The Board of Commissioners of the District is hereby abolished, and all provisions of law providing for the Board of Commissioners of the District, and the offices of Commissioner, Engineer Commissioner, and Assistants to the Engineer Commissioner of the District, are hereby repealed.
(c) The Board of Education provided for in section 2 of the Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia", approved June 20, 1906 (34 Stat. 316), is hereby abolished and its functions are hereby transferred to the District Council for exercise in such manner and by such person or persons as the Council may direct.
FUNCTIONS RELATING TO ZONING AND OTHER AGENCIES
SEC. 322. (a) The Zoning Commission created by the first section of the Act of March 1, 1920, creating a Zoning Commission for the District of Columbia, as amended (D.C. Code, 1951, edition, sec. 5–412), is hereby abolished, and its functions are transferred to the District Council.
(b) The Public Utilities Commission of the District of Columbia; the District of Columbia Redevelopment Land Agency; the Armory Board; and the National Capital Housing Authority are hereby abolished and their functions transferred to the District Council for exercise in such manner and by such person or persons as the Council may direct.
CERTAIN DELEGATED FUNCTIONS
SEC. 323. No function of the Board of Commissioners of the District which such Board has delegated to an officer or agency of the District shall be considered as a function transferred to the Council by section 321. Each such function is hereby transferred to the officer or agency to whom or to which it was delegated, until the Mayor or Council, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation.