lent legislation by the Council, Zoning Commission, or other authority: 1) it must be submitted to the National Capital Planning Commission who shall, within 30 days of its receipt, submit their comments and advice, if any, to the Council, Zoning Commission, or other authority; and, 2) upon at least 30 days notice, a public hearing must be held on the proposed regulation or legislation, and interested persons must be given an opportunity to be heard.

Finally approved and enacted zoning regulations or legislation must be deposited with the Planning Commission.

Appointment of Armory Board

§ 324-establishes a 3 member Armory Board whose members are to be appointed by the Mayor by and with the advice and consent of the Council. Replaces the present Armory Board which was continued under Reorganization Plan No. 3 of 1967. Also invests the Mayor with the powers set out in the D.C. Alley Dwelling Act, D.C. Code §§ 5-103, 104 (i.e. the power to acquire by purchase, gift, condemnation or otherwise, land, buildings or structures adjacent to or contained in an inhabited alley).

Powers and Limitations Upon District Council and the Qualified Voters of the District of Columbia

§ 325 (a) (1)—vests the legislative power in the Council and the qualified voters of the District.

(a) (2)—extends the legislative power to all rightful subjects of legislation within the District consistent with the United States Constitution.

Retains the power of Congress to legislate over the District and to repeal or modify acts of the Council and qualified voters.

Further provides that except as may otherwise be specifically provided herein, this Act does not enlarge the District's present authority over: 1) the Washington Aqueduct; 2) the Commission on Mental Health; 3) the National Zoological Park; 4) the National Guard of the District of Columbia, and 5) any Federal Agency.

(b)—prohibits the Council and qualified voters from passing any Act that:

1) is contrary to the provisions of this Act,

2) imposes a tax on United States property,

3) authorizes a bond issuance contrary to this Act (at Title 6),

4) authorizes public money for the support of sectarian, denominational or private schools,

5) amends or repeals Congressional acts concerning the functions or property of the United States,

6) is inconsistent with Congressional acts relating to the duty, authority and responsibility of the National Capital Planning Commission,

7) is inconsistent with legislation relating to the George Washington Memorial Parkway and the general purposes of the National Capital Planning Commission Act (D.C. Code § 1-1001).

(c) requires acts to include a preamble, be accompanied by a report stating its purpose, and to be published when passed.

(d)-requires Acts passed by Council to be submitted to the Mayor who has 10 days to approve it or veto it and return it to the Council who, in turn, have 30 days to override the veto by a two-thirds vote.

(e)-prescribes the following procedure for the approval of acts of the Council in the exercise of functions not heretofore legally exercisable by the District Commissioner under Reorganization Plan No. 3 of 1967:

1) they shall be presented to the President by the Mayor or by the Council (if it was passed over the Mayor's veto).

2) they shall become law ten days after presentment unless disapproved by the President and returned with his objections.

(f)-reserves the right of Congress to, at any time, exercise its Constitutional authority to act as a legislature for the District on any subject.

(g)-vests the Council with jurisdiction over the municipal courts of the Dis trict in all matters pertaining to their organization, composition, appointment or selection, qualifications, tenure and compensation of judges. Excepts the U.S. Marshal and U.S. Attorney from these provisions.

(h)-specifies a 10-year term for judges, sets their compensation, and establishes a mandatory retirement age of 70.

(i)-provides that the foregoing shall be construed as applying only to the municipal and not the federal courts of the District of Columbia.

PART 3-ORGANIZATION AND PROCEDURE OF THE DISTRICT COUNCIL

The Chairman

§ 331-requires the Council to elect a Vice Chairman from among its members and specifies that the Chairman shall preside over the Council and act as Mayor in his absence.

Secretary of the District Council; Records and Documents

§ 332-authorizing the Council to appoint a Secretary (and such necessary assistants and clerical personnel) as its chief administrative officer, and to fix their compensation. Specifies the records to be kept by the Secretary, and the duties he is to perform. Requires such records to be made available for public inspection.

Meetings

§ 333-provides that a majority of Council shall constitute a quorum for convening a lawful meeting. Requires weekly public meetings to be held, except that in July and August, only 2 meetings per month may be held.

Committees

§ 334-authorizes the Chairman, with the advice and consent of Council, to determine necessary standing and special committee members, and permits closed committee meetings only upon order of its Chairman and the prior approval of a majority of its members.

Acts and Resolutions

§ 335-requires a majority vote of the members present for the passage of acts and resolutions by the Council.

Specifies that Acts shall be used for all legislative purposes and resolutions shall be used to express special or temporary decisions, determinations or directions, and to call a special election for a referendum vote on any proposition upon which Council desires to act.

Passage of Acts

§ 336-unless waived by a unanimous vote of the members present, Council may not pass any act before the 13th day following its introduction.

Investigations by District Council

§ 337-invests Council with general investigatory powers over matters relating to District affairs. Also invests it with power to issue subpoenas in aid of its investigation and refer any contempts of its powers to any judge of the United States District Court for the District of Columbia.

Procedure of Zoning Acts

§ 338-requires the following procedure to be complied with before any zoning act may be passed by the Council:

1) it must be submitted to the National Capital Planning Commission who shall have 30 days to submit their comment and advice respecting its conformity with the comprehensive plan for the District. The act may not be passed unless such comments are received or there is a failure to comment within the 30-day period, and

2) upon a 30-day, published notice, a public hearing must be held at which hearing interested persons must be given a reasonable opportunity to be heard.

Acts passed by Council relating to zoning must be deposited with the National Capital Planning Commission.

TITLE IV-MAYOR

ELECTION, QUALIFICATIONS AND SALARY

§ 401-creates an elective office of Mayor with a 4-year term. Prescribes the following qualifications for the office: 1) must be a qualified voter, 2) presently,

and for the next preceding 3 years, he must be a domiciliary resident of the District, 3) he holds no other elective public office, 4) he must hold no appointive office or position as an officer or employee of the District government for which compensation is provided out of District funds, 5) he must hold no office to which he was appointed by the President and for which compensation is provided out of Federal or District funds.

Failure to maintain these qualifications works a forfeiture of office.

Also provides for compensating the Mayor at the rate of $40,000 annually plus not more than $2,500 annually for expenses of official receptions and representation.

Permits the Council and a majority of the qualified voters to change any of the above requirements and specifications.

POWERS AND DUTIES

§ 402-designates the Mayor as the chief executive officer of the District; charges him with the responsibility to administer its affairs; and vests him with the following specific powers and functions:

1) designate the officers who shall act as Mayor in the absence of the Mayor, Chairman and Vice Chairman of the Council,

2) act as official spokesman for the District and as the head of the District for ceremonial purposes.

3) administer all laws relating to employment, the conditions of employment and appointment and removal of persons from office in the District government,

4) administer the personnel functions covering employees of all District departments, boards, commissions, offices and agencies in accordance with applicable laws which continue to apply until Council enacts legislation establishing a merit system (which may provide for continued participation in all or a part of the Federal Civil Service system) offering personnel benefits at least equal to those provided by Acts of Congress or regulations adopted pursuant thereto,

5) supervise, through their heads, the activities of administrative boards, offices and agencies,

6) prepare annual reports on the District's fiscal affairs and the administrative activities of the executive office and departments for the Council, 7) keep Council advised of the District's financial condition and submit rec ommendations respecting future needs,

8) submit drafts of Acts of Council,

9) perform such other consistent duties as Council may direct,

10) delegate any of his functions except those of approving acts of Council and contracts between the District and the Federal Government,

11) appoint a City Administrator as his principal managerial aide, and assign his duties,

12) with the Council or on his own, he may propose legislation to Congress on any subject not falling within the District's authority under this Act, 13) use and authenticate the District's corporate seal in accordance with law, 14) to address, under their rules. Council or any of its committees, 15) to issue and enforce administrative orders that are not inconsistent with this Act or any Act approved by Council and the District's qualified voters.

TITLE V-THE DISTRICT BUDGET

FISCAL YEAR

§ 501-defines the period from July 1 to June 30 as the District's fiscal year.

BUDGETARY DETAILS FIXED BY DISTRICT COUNCIL

502-requires the Mayor to submit an annual budget to the Council by April 1 of each year and to consult with the Council to achieve synchronization and consistency in budget accounting and classifications and support of budget justifications.

ADOPTION OF BUDGET

§ 503—unless extended by its resolution, the Council must adopt a budget by May 15, the same to be effective on July 1.

FIVE-YEAR CAPITAL PROGRAM

§ 504 (a)-requires Council, prior to adopting the annual budget, to adopt a 5-year capital program and budget.

(b) requires the Mayor to prepare the 5-year capital program and submit it and the capital budget message to Council by February 1 of each year.

(c)

requires the capital program to include:

1) a clear general summary of its contents,

2) a list, with supporting information, of capital improvements to be undertaken during the next 5 years,

3) cost estimates, financing methods and time schedules,

4) annual operating and maintenance cost estimates of facilities to be ac quired or constructed.

(d)

requires the program to be revised and extended each year with regard to pending improvements construction and acquisitions.

(c)-requires actual capital expenditures to be annually carried as the current budget's capital outlay section, and, requires these expenditures to be in the form of direct capital outlays from current revenues or debt service payments.

BUDGET ESTABLISHES APPROPRIATIONS

§ 505 subject to § 702, Council's adoption of the budget operates to appropriate and make available for expenditure for the stated purposes the several amounts therein stated.

SUPPLEMENTAL APPROPRIATIONS

§ 506-permits Council to rescind prior appropriations and to enact supplemental appropriations.

TITLE VI-BORROWING

PART 1-BORROWING FOR CAPITAL IMPROVEMENTS

Borrowing Power: Debt Limitations

§ 601-authorizes the issuance of coupon or registered bonds to refund indebtedness and construct or acquire capital projects.

Outstanding bond issues are limited to stated percentages of the aggregate assessed values of: 1) the taxable real and tangible personal property in the District, 2) excepting parklands, art galleries, museums, etc., the real property in the District owned by the United States and used to provide or perform Federal services or functions, 3) real property exempted from taxation by Act of Congress, and, 4) excepting objects of art, statuary, museum pieces and libraries, personal property in the District owned by the United States.

Percentage limitations range from 2 to 12 percent, depending on the purpose of the issuance, and, excepting bonds to refund indebtedness, voter approval of the issuance is required.

Contents of Borrowing Legislation: Referendum on Bond Issue

§ 206(a)-sets the minimum provisions to be contained in acts authorizing a bond issue (i.e. rate of interest, purpose, details on voting on the question of their issue, when required, etc.).

(b) requires voter approval of bond propositions at either the next general election or a special election, both of which may not be held less than 40 days after the enactment of the bond act.

(c) sets the duties of the Board of Elections in such elections and the requirement of notice.

Publication of Borrowing Legislation

§ 603-requires acts authorizing bond issuances to be published by the Mayor at least once within 5 days after its enactment. Sets out the form of "notice" to be published.

Short Period of Limitation

§ 604-confers the status of regularity and validity upon the statements and proceedings of bond issues and elections upon the expiration of the 20-day period

from and after the publication of: 1) notice of an issuing act, and 2) the election results. Thereafter, interested persons are estopped from denying the same in any forum.

Acts for Issuance of Bonds

§ 605-establishes the procedures and details for issuing the bonds after the expiration of the 20-day period. Some of these are: (1) payments on the bonds must begin not more than 3 years after their issue date and end not more than 30 years from such date, (2) they shall be paid in substantially equal annual installments covering the principal and interest, and (3) they may be sold only after an act of Council establishes their issue, and they may be sold all at one time, or from time to time in series and in such amounts as Council may prescribe.

Public Sale

§ 606-requires bonds to be sold at public sale upon sealed proposals and at such price or prices as Council may approve. Establishes notice requirement and minmum procedures for such public sales.

PART 2-SHORT TERM BORROWING

Borrowing To Meet Supplemental Appropriations

§ 621-authorizes and empowers the Council to issue, in the absence of available unappropriated funds, 1 year, renewable, negotiable notes, up to 5% of the current appropriations, to obtain funds to meet supplemental appropriations.

Borrowing in Anticipation of Revenues

§ 622-authorizes borrowing by issuance of 1 year, renewable, negotiable notes in an amount not in excess of 20 percent, in the aggregate at any one time, of total anticipated revenues.

Notes Redeemable Prior to Maturity

§ 623—prohibits the issuance of demand notes but permits authorized notes to be redeemed prior to their maturity.

Sale of Notes

$ 624-permits the private sale of negotiable notes at not less than par and accrued interest.

PART 3-PAYMENT OF BONDS AND NOTES

§ 631 (a)-requires bonds to be paid by an annual levy of a special tax that will produce an amount sufficient-with other District revenues available for this purpose-to pay their principal and interest as they become due and payable. (b) pledges the full faith and credit of the District in payment of the bonds.

PART 4-TAX EXEMPTION-LEGAL INVESTMENT TAX

Exemption

$641-excepting estate, inheritance and gift taxes, interest from bonds and notes is exempt from Federal and District taxation.

Legal Investment

$642-declares that without restriction, the District's bonds and notes are legal investments for fiduciaries, insurance companies, etc., and authorizes national banking associations to deal in such bonds for their own or their customer's accounts to the same extent as they are authorized by law to deal in the obligations of the United States, the States, and their political subdivisions.

The same authority respecting dealing is also conferred upon Federal building and loan associations, Federal savings and loan associations, and financial institutions domiciled in the District.