Chap. 70.—An ACT to provide a new Charter for the City of Roanoke.

Approved January 31, 1884.

CHAPTER I.
Elections.

1. Be it enacted by the General Assembly of Virginia,
That the territory contained within the limits prescribed by
an act entitled an act to amend and re-cnact an act to incor-
porate the town of Big Lick, approved February twenty-
eight, eighteen hundred and seventy-four, by the general as-
sembly of this state, be deemed and taken as the city of
Ruanoke, and the inhabitants of the city of Roanoke for all
purposes for which towns and cities are incorporated in this
commonwealth, shall continue to be one body, politic in fact
and in name, under the style and denomination of the city of
Roanoke, and as such shall have, exercise and enjoy all the
rights, immunities, powers and privileges, and be subject to
all the duties and obligations now incumbent and pertaining
to said city as a municipal corporation.

2. The administration and government of said city shall be
vested in one principal officer, to be styled the mayor; one
board to be called the council of the city of Roanoke; and in
such other boards and officers as are hereinafter mentioned,
or may be provided by the council.

3. The municipal officers of said city, shall consist of a
mayor, a treasurer, twelve councilmen, a clerk of the court of
hustings, an attorney for the commonwealth, a sergeant. a
commissioner of the revenue, one justice of the peace from
each ward, and one constable for the city.

4. The city shall be divided into three wards, as follows:
The first ward shall consist of all that portion of the city
west of the following line: Commencing at the intersection
of the line of Commerce street, with the southern boundary
line of the city; thence through the centre of said street
going north, until reaching the Norfolk and Western rail-
road; thence easterly along said railroad to Henry street
thence northerly along the centre of Henry street to the
Gainesborough road; thence along the centre of said road to
the intersection of Ruthertord street ; thence along a line due
north to the northern boundary line of the city. The second
ward shall consist of all that portion of the city within the
following described lines: The line described above as the
boundary of the first ward, shall be the western line of this
second ward; then sturting from the intersecting point on the
northern boundary line going easterly along said boundary
line, until reaching the intersection of Lick run; thence
southerly along said Lick run, to the intersection of Camp-
bel] street; chance easterly along aud Lick run, to Tinker

ereck, the eastern boundary line of the city; thence southerly
along said eastern boundary line of the town, to the southern
boundary line to the starting point of the first ward. The
third ward shall consist of that portion of the city within the
following described lines: Commencing at the intersection of
Lick run, with the norther n boundary line of the city; thence
along said Lick run as described in the second ward to its
junction with Tinker creek; then northerly along Tinker
ereek, the eastern boundary line of the city, to the northern
boundary line, to the starting point.

5. The election of the municipal officers mentioned in the
third section of this act, except the treasurer and clerk of the
court of hustings, shall be held on the tourth Thursday in
May, eighteen hundred and eighty-four, and on the fourth
Thursday in May in every second year thereafter. The
treasurer shall be elected on the fourth Thursday in May,
eightcen hundred and eighty-four, and every third year there-
after. The clerk of tho court of hustings on the fourth
Thursday in May, eighteen hundred and eighty-four, and
every six years thereafter. Said elections shall be conducted
under the provisions of the general election laws of the state.
When two or more persons are to be elected to the same
office, the several persons of the number required, having the
hixhest number of votes, shall be declared elected. At the
first general election in May, eighteen hundred and eighty-
four, there shall be elected six councilmen, who shall hold
their officcs two years, and six who shall hold their offices for
one year; but the first council to elected under this act shall
be elected by a popwiar vote, each ward being represented
by an equal number of councilmen.

6. The mayor and all other municipal officers of said city,
betore entering upon the duties of their respective offices, shall
be sworn in accordance with the laws of the state, by any ono
authorized to administer oaths under the laws of the state.
It any person elected or appointed to any office in said city,
shall nevlect to take such oath for thirty days after receiving
notice ot bis election or appointment, or shall for the like
space of time neglect to give such securities as may be re-
quired of him by the council, he shall be considered as hav-
ing declined said office, and the same shall be declared vacant,
and such vacancy shall be filled as prescribed by section five
of this chapter.

CHAPTER II.

Mayor.

7. The mayor shall be elected by the qualified voters of the
city of Roanoke, for the term of two years; his salary shall
he fixed by the city council, and he shall receive no other
compensation or emoluments whatever, and his salary shall
not be diminished during his term of office.

8. He shall, by virtue of his office, possess all the jurisdic-
tion and excrcise all the power and authority in criminal
cases of a justice of the peace of said city, in addition to the
powers hereby given him by virtue of this act, but he shall
receive no tees for bis services as such justice of the peace.

9. It shall be his duty to communicate to the city council
annually, at the beginning of each fiscal year, or oftener if he
shall be required by said council; a general statement of the
condition of the city in relation to its government, finances
and improvements, with such recommendations as he may
deem proper.

10. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority to
investigate their acts, have access to all books and documents
in their offices, and may examine said officers and their subor-
dinates on oath. He shall also have power to suspend or
remove such officer for misconduct in office or neglect of duty,
but no such removal shall be made without reasonable notice
to the officer complained of, and an opportunity be atforded
him to be heard in his defence. On the removal or suspen-
sion of such an officer, the mayor shall report the same to the
city council at their next stated meeting for their considera-
tion, but in no case shall: it be final until ratified by three-
fourths of the whole council.

11. In case of the absence of, or inability of the mayor, the
president of the council shall possess the same power, and
discharge the municipal duties of the mayor during such
absence or inability.

12. In case a vacancy shall occur in the office of mayor,
the president of the city council shall fill the vacancy for the
unexpired term, and the vacancy thus caused in the city
council, shall be filled according to law.

CHAPTER III.

City Council.

13. The council of the city shall be composed of twelve
members. Each ward shall be represented by an equal num-
ber of councilmen qualified to hold office. They shall be
elected by the popular vote of each ward, except the election
of the first council, as hereinbefore provided.

14. The city council shall elect annually one of its mem-
bers to act as president, and when from any cause he shall be
absent, the council shall elect a president pro tempore. The
president shall have the power to call a mecting of the coun-
cil whenever he deems it necessary, and in case of his
absence, inability or refusal, the council may be convened by
the order in writing of any three members directed to the
clerk of the council.

15. The city council shall, by ordinance, fix the time for
their stated meetings, and no business shall be transacted at
a special meeting but that for which it shall be called.

16. The city council shall have authority to adopt such
rules and appoint such officers, committees or clerks as they
may deem proper for the regulation of their proceedings, and
for the convenient transaction of business, to compel the
attendance of absent members, to punish its ‘members for dis-
orderly bebavior, and by a vote of three-fourths of the whole
council to expel a member for malfeasance of, or misfeasance
in office. They shall keep a minute book, in which their
clerk shall note the proceedings of the council, and shall
record said proceedings at large on the record book, and keep
the same proper! indexed. The mectings of the council
shall be open to the public, except when the public welfare
shall require secresy.

17. A majority of the members of the council shall consti-
tute a quorum for the transaction of business, but no ordi-
nance shall be passed or resolution adopted having for its ob-
ject the appropriation of money, except by the concurrence
of at least seven members. No vote or question decided at a
stated meeting shall be reconsidered at a special meeting un-
less there be at least ten members present and seven of them
concur.
18. The city council shall have, subject to the provisions
of this act, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and per-
sonal, belonging to said city, and may make such ordinances
and by-laws relating to the same.as they shall deem proper ;
and they shall likewise have power to make such ordinances,
orders, by laws and regulations as they may deem necessary
to carry out the tollowing powers, which are hereby vested
in them:

First. To establish a market or markets in and for said
city, and appoint proper officers therefor ; prescribe the times
and places for holding the same; provide suitable buildings
and grounds therefor, and to enforce such regulations as shall
be necessary and proper to prevent huckstering, forestalling
or reyrating.

Second. To erect and provide in or near said city suitable
workhouses, houses of correction and reformation, and houses
for the reception and maintenance of the poor and destitute ;
and they shall possess and exercise authority over all persons
within the limits of the city receiving or entitled to the ben-
efit of the poor laws; appoint necessary officers and other
persons proper to be connected with the aforesaid institu-
tions, and reyulate pauperism within the limits of the city ;
and the council, through the agency they shall appoint for
the direction and management of the poor of the city, shall
exercise the powers and perform the duties vested by law in
overséers of the poor.

Third. To erect and keep in order all public buildings ne-
cessary or proper for said city ; to erect within the city a city
prison, and said prison shall contain such apartments as shall

e necessary for the safe keeping and employment of all per-
sons confined therein.

Fourth. To establish or enlarge water works and gas works
within or without the limits of the city; to contract and agree
with the owners of any land for the use and purcliase thereof,
or have the same condemned according to law, for the loca-
tion, extension or enlargement of their said works, the pipes
connected therewith, or any of the fixtures or appurtenances
thereof, and shall have the power to protect from injury by
ordinance prescribing adequate penalties, the said works,
pipes, fixtures, and land, or anything connected therewith,
whether within or without the limits of said city.

Fifth. To close or extend, widen or narrow, lay out, gradu-
ate, curb, and pave, and otherwise improve streets, sidewalks,
and public alleys in said city, and have them kept in good
order, and properly lighted; and over any street or alley in
the city which has been or may be ceded or conveyed to the
city by proper deed, they shall have like power and authority
as over other streets and alleys; they may build bridges in,
and culverts under said streets, and may prevent or remove
any structure, obstruction, or encroachment over or under
or in any street, sidewalk, or alley in said city, and may per-
mit shade trees to be planted along said streets ; but no com-
pany shall occupy with its works, or any appurtenances
thereof, the streets, sidewalks, or alleys of the city without
the consent of the council, duly entered upon its record. In
the meantime, no order shall be made, and no injunction
shall be awarded by any court or judge to stay the proceed-
ings of the city in the prosecution of their works, unless it be
manifest that they, their officers, agents, or servants are trans-
cending the authority given them by this act, and that the
interposition of the court is necessary to prevent injury that
cannot be adequately compensated in damayes.

Sixth. To prevent the cumbering of streets, sidewalks,
alleys, lanes, or bridges in the city in any manner whatever.

Seventh. To determine and designate the route and grade
of any railroad to be laid in said city, and to restrain and
regulate the rate of speed of locomotive engines and cars upon
the railroads within the said city.

Eighth. To make provision for, and regulate the weighing
of hay, fodder, oats, shucks or other long forage. They may
also provide for measuring corn, oats, grain, coal, stone, wood,
lumber, boards, potatoes, and other articles for sale or barter.

Ninth. To require every merchant, retailer, trader, and
dealer of merchandise or property of any description, which
is sold by measure or weight, to cause their weights and
measures to be sealed by the city sealer, and to be subject to
his inspection, and may impose penaltics for any violation of
any such ordinance. ;

Penth. To secure the inhabitants trom contagious, infec-
tious, or other dangerous diseases; to establish, erect, and
regulate hospitals; to provide for, and enforce the removal of
patients to said hospitals; to appoint and organize a board
of health for said city, with the authority necessary for the
prompt and efficient performance of its duties.

Eleventh. To require and compel the abatement and _re-
moval of all nuisances within said city, at the expense of the
person or persons causing the same, or the owner or owners
of the ground whereon the same shall be; to prevent and
regulate slaughter houses, soap and candle factories within
said city, or the:exercise of any dangerous, offensive, or un-
healthy business, trade or employment therein, and to regu-
late the transportation of coal and other articles through the
streets of said city.

Twelfth. If any ground in the said city shall be subject to
be covered with stagnant water, or if the owner or owners,
occupier or occupiers thereof shall permit any offensive or
unwholesome substance to remain or accumulate therein, the
council may cause such grounds to be filled, raised or drained,
or may cause such substance to be covered or to be removed
therefrom, and may collect the expense of so doing from the
said owner or owners, occupier or occupiers, or any of them
(except in cases where such nuisance is caused by the action
of the city authorities or their agents, in which case the city
shall pay the expense of abating the same), by distress and
sale in the same manner in which taxes levied upon real
estate for the benefit of said city are authorized to be col-
lected: provided, that reasonable notice shall first be given
to said owners or their agents. In case of non-resident owners
who have no agents in said city, such notice may be givem by
publication for not less than four weeks in any newspaper in
said city.

Thirteenth. To direct the location of all buildings for stor-
ing gunpowder and other combustible substances, and to regu-
late the sale and use of gunpowder, fire-crackers or fire works,
manutuctured or Prepared therefrom, kerosene oil, nitro-gly-
cerine, camphene, burning fluid, or other combustible material;
to regulate the exhibition of fire-works, the discharge of fire-
arms. the use of lights and candles in barns, stables, and other
buildings, and to restrain the making of bon-fires in streets
and yards.

Fourteenth. To prevent bogs, dogs, and other animals from
running ut large in said city, and may subject the same to
such confiscations, regulations, and taxes as they may deem
proper.

Fifteenth. To prevent the riding or driving of horses or
animals at an improper speed, throwing stones, or the engag-
ing in any employment of sport on the streets, sidewalks or
public alleys, dangerous or annoying to passengers, and to
prehibit and punish the abuse or cruel treatment of horses
or other animals in said city.

Sixtcenth. To restrain and punish drunkards, vagrants, and
atreet-begyvara; to prevent vice and immorality; to preserve
the public peace and good order; to prevent and quell riots,
disturbances, and disorderly assemblages; to suppress houses
of ill-f€me, and gambling houses; to prevent and punish lewd,
indecent, and disorderly conduct or exhibitions in said city,
and to expel therefrom persons guilty of such conduct, who
have not resided therein as much as one year.

Seventeenth. To prevent, forbid, and punish the selling or
giving liquors and intoxicating drinks to be drunk in any
public place not duly licensed, and the selling or giving to be
drunk any intoxicating liquors to any child or minor without
the consent in writing of bis or her parents or guardian; and
for any violation of any such ordinance, may impose fines in
addition to those prescribed by the laws of the state.

Eighteenth. To prevent the coming into the city of per-
sons : aving no ostensible means of support, and of persons
who may be dangerous to the peace and safety of the city.

19. Any member of said council being voluntarily absent
from its meetings, consecutively for three months, the seat
shall be deemed vacant, and the unexpired term shall be filled
according to law.

20. The city council is empowered to hold such lands as
may have been already acquired by the town of Roanoke, to
be used as a place for the burial of the dead, and to acquire by
purchase or otherwise, such additional lands as may be neces-
sury for that purpose. The said council shall also have power
to prescribe and enforce all needful rules and regulations not
inconsistent with the laws of the state, for the use, protec-
tion, preservation, and ornamentation of the cemetery; to set
aside in their discretion, by metes and bounds, and a portion
thereof, for the interment of strangers and the indigent poor;
to divide the remainder into burial lots, and sell or lease the
same, and to execute all proper deeds or other writings in
evidence of such sale or lease, and to prescribe what class
and condition of persons shall be admitted to interment in the
eemetery. The money from such sale or lease of burial lots
shall be invested, used, and employed for the use, protection,
preservation, and ornamentation of said cemetery. The
cemetery, when established and enclosed with the property
included in it, shall be exempt from all state, county, and
municipal taxation.

21. The council shall, at its first meeting in the month of
July next succeeding the passage of this act, appoint one per-
son, not a member of its body, from each ward of the city,
who shall together constitute a board of police commissioners,
whose term of office shall be for as many years as there may
be election wards in the city ; except that of the board first
elected, the member from the First ward shall hold only cne
year. the member from the Second two ycars, the member
from the Third three years, and so on; and after the first
election the council shall annually, in the month of July, fill
the vacancy created by the expiration of the term of office of
one member of the board, and the term of each member when
so elected shall then be the full number of years provided
above. When a vacancy shall occur in the board at any
other time than at the expiration of the term of a member,
the council shall fill the vacaney for the unexpired term.
Should a new ward at any time be added to the number now
existing, the council shall, during the month of July next
succeeding, elect. a member of said board for said ward ; but
such election shall be in lieu of the election which otherwise
would have been made at that time, and the term of office of
the members of the board shall be increased by one year, so
as to be the same with the number of wards, and so that one
member thereof shall be elected annually. As soon as practi-
cable, after said board has been appointed, the members shall
qualify and organize by the election of one of its members as
president and another as secretary. Upon its organization,
the board shall select from among the electors of the city a
chief of police, whose pay, duties and bond shall be such as
may be ordained by the council. His warrant of appoint-
ment, signed by a majority of the board, must be filed with
the clerk of the council. The board shall further elect such
number of policemen as may be authorized by the council.
After the police force has been so constituted, any vacancy
therein shall be filled by the board in like manner. Such
chief and policemen shall constitute the police force of the
city, and shall hold their respective positions during good be-
havior, or until they may be severally removed by the board.
The board shall perform any other duties connected with the
potice department which the council may delegate to it; but

or any services rendered by it, shall receive no compensation.
The police force, when duly constituted, shall be under the
control of the mayor, for the purpose of enforcing peace and
order, and executing the laws of the state and the ordinances
of the city. It shall also perform such other duties as the
council may prescribe. For the purpose of enabling it to
execute its duties and powers, each member thereof is hereby
made a conservator of the peace, and endowed with all the
powers of a constable in criminal cases, and all other powers
which, under the laws of the state, may be necessary to ena-
ble him to discharge the duties of his office. The pay, uni-
form, rules and regulations for said police shall be prescribed
by the council.

22. Where, by the provisions of this act, the council have
authority to pass ordinances on any subject, they may pre-
scribe any penalty not exceeding five hundred dollars fora
violation thereof, and may provide that the offender, on fail-
ing to pay the penalty recovered, shall be imprisoned in the
jail of the city for a term not exceeding ninety days, which
penalties may be prosecuted and recovered with costs in the
name of the city of Roanoke, or shall compel them to work
on the streets or other public improvements in the said city.

23. The city council shall not take or use any private pro-
perty, for streets or other public purposes without making to
the owner thereof just compensation for the same; but in cases
where the council cannot by agreement obtain title to the
ground for such purposes, it shall be lawtul for said council
to apply to and obtain from the circuit or county court of
Roanoke county, in which the land is situated, or the judge
of the court of hustings for said city, if the land lies within
said city, for authority to condemn the same, which shall be
applied for, and proceeded with according to law.

24. In every cuse where a street in said city has been or
shall be encroached upon by any fence, building or otherwise,
the council may require the owner (if known, or if unknown,
the occupant of the premises encroaching), to remove the
same; and if such removal be not made within the time pre-
scribed by the council, they may impose a penalty of five
dollars for each and every day it is allowed to continue there-
after, and may cause the encroachment to be removed and
collect from the owner all reasonable charges therefor, with
costs, by the same process that they are hereinafter empow-
ered to collect taxes. No encroachment upon any street,
however long continued, shall constitute any adverse pos-
session to or confer any rights upon the persons claiming
thereunder as against the said city.

25. Whenever: any street, alley, or lane in said city shall
have been opened to and used as such by the public for the
period of five years, the same shall thereby become a street,
alley, or lane for public purposes, and the council shall have
the same authority and jurisdiction over, and right, and in-
terest therein as they have by law over the streets, alleys,
and lanes laid out by them, and any street or alley reserve
in the division or sub-division into lots of any portion of th
territory within the corporate limits of said city, by a plan o
plat of record, shall be deemed and held to be dedicated t
public use, unless it appears by said record that the street o
alley so reserved is designed for private use. But upon a pe
tition of a majority of the persons interested therein, th:
council shall have power to open the same for the use o
the public.

26. Whenever any new street shall be laid out, a stree
graded or paved, a culvert built, or any other public improve
ments whatsoever made, the council shall determine what por
tion, ifany of the expense thereof shall be paid out of the city
treasury, and what portion by the owners of real estate bene
fitted thereby; but no such public improvement shall be made
to be defrayed in whole or in part. by a local assessment, unti
first requested by a petition sizned by at least a majority 0!
the owners of property to be assessed for such improvements.
or unless the entire council shall concur in voting any im.
provements to be expedient, or in determing to make the
same after allegations have been heard; in which case no
petition or request shall be necessary. The council shall

ave the same power to collect such local assessments for im-
provements as are hereinafter vested in them for the collec-
tion of taxes.

27. The city council shall grant and pay to all city officers,
clerk, and assistants, elected or appointed in pursuance of
this act, such salaries or compensation as the said council
may from time to time deem just and proper, or shall be
fixed by this act.

28. If any person having been an officer of said city, shall
not, within ten days after he shall have vacated or been
removed from office, and upon notification and request of the
city clerk, or within such time thereafter as the city council
sball allow, deliver over to his successor in office all property,
books, and papers belonging to the city or appertaining to
such office in his possession or under his control, he shall
forfeit and pay to the city the sum of five hundred dollars,
to be sued for and recovered with costs; and all books, records,
and documents used in any such office by virtue of any pro-
vision of this act, or of any ordinance or order of the city
council or any superior officer of said city, shall be deemed
the property of said city and appertaining to said office, and
the chief officer thereof shall be responsible therefor.

CHAPTER IV.
City Officers.
29. There shall be one city treasurer, one clerk of the court
of hustings, one attorney for the commonwealth, one sergeant,

one commissioner of the revenue, one justice of the peace for
each ward, and one constable for the city.
30. The city council may appoint in addition to those
verein provided for, such officers and clerks as they may
leem proper and necessary, and define their powers, and
yrescribe their duties, and fix their compensation, and may
ake from any officer, so appointed, a bond with sureties, to
ve approved by the council, in such penalty as they may deem
rroper, paval le to the city by its corporate hame, with con-
lition for the faithful discharge of said duties. AIL otticers
uppointed by the council may be removed trom. office at its
pleasure. Tn case of any vacancies occurring in any munici-
yal office, where it is not herein otherwise provided, the city
council shall elect a qualified person to fill such office during
the unexpired tern.

31. There shall be elected by the qualified voters of? the
sity of Roanoke. on the fourth Thursday ino Maw. elehteen
hundred and eighty-four, and in every third vear thereatter,
one City treasurer, who shall hold his office for the term. of
Hhree wears, and until his successor be elected and qhualitied,
Holess sooner removed from othce. Ele shall quality betore
the council and give bond with surety to be approved by it,
mea penalty to be determined by the council. but not leas
Hhau twenty-five thousand dollars in anw one vear.

o2. The said treasurer shall receive all money belonyving
to the city. We shall keep his books and accounts in such
manner as the city council may prescribe; and such books
vn accounts shall always be subject to the inspection of the
mnaver, and any member of the city council, or any com-
mittee thereot.

3a. No money shall be paid out by the treusury except
Upon a warrant of the clerk of the council, countersigned by
the president of the council; and be shall Keep a separate ac-
count of each fund and approprhtion, and the debits and
credits belonging thereto,

34. All moneys to be paid into the treasury of the city
except taxes and such other assessments as the city council
may so ordain, shall be paid by the person liable to pay the
saine, or his agent, to the treasurer in the following manner :
A warrant shall first: be obtained from the clerk of the coun-
cil directing the treasurer to receive the sum to be paid,
specifving on what account the payment is to be made ; upon
the payment of the money to the treasurer, he shall vive a
receipt for the same, which shall be carried to the clerk, and
his receipt therefor shall be the acquittance of the party
making the payment.

35. The treasurer shall also report to the city council at
the end of each fiscal year, and oftener if required, a full and
detailed account of all receipts and expenditures during the
preceeding fiscal year and the state of the treasury. He
shall also keep a register of all warrants, their date, amount,
number and fund frum which paid, aud the person to whom
paid, specifying also the time of payment; and all such war-

rants shall be examined at the time of making such report to
the city council by a committee thereof, who shall examine
and compare the same with the books of the clerk, and re-
port discrepancies, if any, to the council.

36. The treasurer shall collect all taxes and assessments
which may be levied by said city, and perform such other
duties as may herein be prescribed or ordained by the city
council.

37. All moneys received on any special assessment shall be
held by the treasurer as a special fund, to be applied to the
payment for which the assessment was made, and said money
shall be used for no other purpose whatsoever.

38. ‘The treasurer may be required to keep all moneys in his
hands, belonging to the city, in such place or places of
deposit as the city council may by ordinance provide, order,
establish or direct; such moneys shall be kept separate and
distinct from his own moneys. And he is hereby expressly
prohibited from using, directly or indirectly, the corporation
money or warrants in his custody, or keeping, for his own
use and benefit, or that of any person or persons Whomsocver ;
and any violation of this provision shall subject him to
immediate removal from oftice. In case of his removal, the
city council shall clect a qualified person to fill said office un-
til the next general election which may be held in’ the city,
when the qualified voters of said city shall, as in other cases,
fill such vacancy by an election of a successor, Who shall hol (
his othce for the remainder, if any, of the unexpired term. of’
the officer removed. The treasurer shall receive such com-
pensation as is provided by law in case of the county treas-
urer, provided he shall not receive an amount greater than
three thousand dollars perannum for his service in collecting
both state and city taxes. No person shall be allowed to
qualify a second time as treasurer, unless and until he shall
have satisfactorily settled his account as treasurer for the

receeding term; and if such settlement be not made on or
before the regul: ar time for his entering upon the duties of
his office for another term, the office “shall be considered
vacant, and the vac ancy shall be tilled as hereinbefore pro-

vided.

39. There shall be one city clerk appointed by the city
council, who shall hold his office for two years, and until
his successor shall be appointed and qualified, unless sooner
removed from office by the city council.

40. The said clerk shall attend the meetings of the city
council, and keep a record of its proceedings; ‘he shall have
the custody of the corporate seal. He shall keep all papers,
that by the provisions of this act or the direction of the city
council, are required to be filed with or kept by him. It
shall also be his duty, immediately after the close of each
session of the city council, to make and present to the mayor
a transcript of every ordinance, resolution, or order concern-
ing any public improvement, or for the payment ot money,
and every ordinance, resolution, order, and act of legislative
character, passed by the city council at such session ; “he shall
in like manner transmit to the treasurer, a transcript of all
ordinances, resolutions, or orders, appropriating money or
authorizing the payment of money, the issue of bonds or
notes. He shall in like manner gives notice to all parties
presenting Communications or petitions to the city council of
the final action of the council on such communciation or
petition. He shall publish such reports and ordinances as
the city council are required by this act to publish, and such
other reports and ordinances as they may direct, and shall in
general pertorm such other acts and duties as the city coun-
cil may from time to time require of him.

41. There shall be elected by the qualified voters of the
citv. on the fourth Thursday in May, in every sixth year
atter the year eighteen hundred and eighty -four, one clerk of
the court of hustings for the city of Roanoke, who shall serve
for the period of six years, and until his successor be elected
and qualified. He shall receive, in compensation for his ser-
vices, the fees and emoluments allowed by law to clerks, and
such allowance as the city council may from time to time
deem Just and proper,

42. There shall be elected by the qualified voters of the
citv. on the fourth Thursday in May next, and on the fourth
Thursday in May in every second year thereafter, one com-
monwealth’s attorney, who shall prosecute in all cases in the
hustines court of the city of Roanoke. He shall hold his
office tor a term of two years, and until his successor be
elected and qualify, unless sooner removed, and shall receive
such compensation for his services as may be prescribed by
law. and such salary as may be fixed by the city council.

43. There shall be elected by the qualified voters of the city
of Roanoke. on the tourth Thursday in May next, and on the
fourth Thursday in May in every third year thereafter, one
Commissioner of revenue, who shall bold his office for the
period of three years, and until bis successor shall be elected
and qualified. unless sooner removed from office. He shall
give bond with sureties in such amount as the council may
determine, said bond to be approved by the city council,
entered on their record, and filed in the office of the city
clerk. In case a vacancy shall occur in the office of com-
missioner of the revenue, the city council shall cleect a quali-
fied person to fill said office until the next general election,
which mav be held in the city, when the vacancy shall be

filled by election for the unexpired term.

44. The said commissioner of the revenue shall perform
all the duties in relation to the assessment of property for the
purpose of levying the city taxes that may be ordered by the

city council. He shall keep his office in some convenient
place in said city, and shall keep therein such books, schedules
and records, and in such manner as the mayor and city coun-
cil may direct and prescribe, which books, records and other
papers shall be subject to the inspection and examination of
the mayor, the members of the city council, or any commit-
tee thereof, and of the collector of city taxes.
45. To aid the commissioner of the revenue, in his duties,
the clerk of the court of hustings for the city of Roanoke, as
required, shall deliver to him, such lists as are mentioned in
the third section of the thirty-second chapter of the Code of
Virginia, of eighteen hundred and seventy-three as far as
may relate to lands in said city. He shall reccive for bis ser-
vices the fees allowed by law, and such other compensation
as the city council may from time to time direct. The said
commissioner of the revenue, in ascertaining the value of the
real property taxable in said city, shall fix the same at the
actual cash value of said property, at the time of assessment,
irrespective of the value assessed for the purposes of state
taxation, until the next general assessment.

46. There shall be elected hy the qualified voters of the
city of Roanoke, on the fourth Thursday in May next, and on
the fourth T hursds ay in May in every second year thereatter,
one city sergeant, who shall attend the terms of the court of’
hustings for: said city, and act as the officer thereof, and shall
perform such other duties as may be prescribed and ordained
by the city council, and shall receive such compensation
therefor, as the council shall determine. Ie shall be collector
of delinquent city taxes placed in his hands by the city treas-
urer, and for that purpose shall have all the powers and
authority, and be subject to the same liabilities and penalties
as are prescribed for township collector, in the collection of
state taxes, and county levies, and may be proceeded against
in the same manner, so fir as applicable and not inconsistent
with the provisions of this act. Ile shall pay over to the
treasurer, (or in the treasury of the city as may be prescribed
by ordinance) weekly or oftener, if he thinks proper, all
moneys which came into his hands for taxes or otherwise,
belonging to the said city, He shall report to the council in
writing, at each state meeting, the amount of all moneys col-
lected by him for the city, and paid over as herein directed.
Before entering upon the duties of his office as collector of
the city taxes, he shall enter into bond with sureties to be
approved by the council, in such sum as tbe council may
direct; said bond to be payable to the city of Roanoke, and
conditioned for the faithful discharge of the duties of said
office, and shall be entered on the records of the council, and
the original shall be filed in the office of the clerk of the
council.

47. The sergeant may, with the approval of the court of
hustings for the city, appoint a deputy or deputies, who may
be removed from office by the said sergeant, by the mayor or
by the council. During the continuance in’ office of said
sergeant, his deputy or deputies may discharge any of the
duties of the office of sergeant, but the sergeant and his sure-
ties shall be liable therefor.

48. There shall be elected by the qualified voters of the
city of Roanoke, on the fourth Thursday in May next, and
on the fourth Thursday i in May in every second year there-
after, one constable for said city, who shall hold his office for
the term of two years, and until his successor be appointed
and qualified unless sooner removed from office. Said con-
stable shall keep his office in such convenient place in the
city as may be designated by the city council, and shall re-
ceive such compensation for his services as is allowed by law.
He shall, in all civil cases, have the same powers and duties,
and be subject to the same penalties as are prescribed by law
tor other constables, and shall perform such dutics as the city
council may ordain.

49. There shall be elected by the qualified voters of such
ward, on the fourth Thursday in May next, and on the
fourth Thursday in May in every second year thereafter, one
justice of the peace for each ward of said city, who shall be
residents of their respective wards, and shall hold office for
the term of two years, and until their successors be elected
and qualified, unless sooner removed from office.. The said
justices of the peace shall be conservators of the peace within
the limits of the corporation of Roanoke, and shall have the
same power and duties within said limits, and receive for
their services such fees as are provided by law in respect to
justices of the peace in counties of this state, in their respec-
tive counties.

CHAPTER V.
Finances.

50. The city council may, in the name of, and for the use
of the city. contract loans, or cause to be issued, certificates
et debt or bonds: provided no such certificates of debt or
bonds shall be issued, except by a two-thirds vote of the
council, endorsed by a majority of the frechold voters
voting on the question ; but such loans, certificates or bonds
shall not be irredeemable tor a period greater than thirty-
four vears: provided further, that said council shall not con-
tract said loans or issue such certificates of debt or bonds for
the purpose of subscribing to the stock of any company in-
corporated for a work of internal improvement, or other pur-
pose. without being first authorized so to do by three-fourths
of the freehold voters of the city voting on the question:
provided further, that in no case shall the aggrepate debt of
the city at any one time exceed ten per centum of the
assessed value of the property, real and personal, within
the city limits: and provided further, that the said council
shall not endorse the bonds of any company whatsoever with-
out the same authority. All contracts for the erection of
public improvements within the jurisdiction of the city coun-
cil shall be let to the lowest bidder; and notice shall be given
at least. thirty days betore the work is finally let, by adver-
tisement in one or more newspapers published in the city,
and the party to whom said contract shall be let, shall give
such bond as the council may require; but in no event shall
any contract be let to any member of the city council, nor
shall any member have any interest in such contract.

51. Whenever, bereafter, there shall be contracted by the
council, any debt not payable within one year thereatter,
there shall be set apart annually, for thirty-four years, or
until the debt is paid, a sum not less than one per centum of
the amount of any debt, in addition to the annual interest
agreed to be paid thereon, which sum shall be applied and
invested towards the payment of such debt.

52. For the execution of its powers and duties, the city
council may raise taxes annually by assessments in said
city, on all subjects taxable by the state, such sums of
money as they shall deem necessary to defray the expenses
of the same, and in such manner as they shall deem expe-
dient (in accordance with the laws of this state and the
United States): provided that no tax upon real and personal
property in said town, shall exceed one dollar and twenty-tive
cents upon the one hundred dollars assessed value thereof:
and provided also that no corporation tax shall be levied upon
machinery, implements, money and capital of any manutac-
turing establishment actually in use for manufacturing pur-
pores within the said city, tor fifteen years from the third of

ebruary, civhteen hundred and eighty-two; but this proviso
is not intended to apply to capital employed in purchasing
articles manufactured outside of the city, and brought bere
to be used in manufacturing.

53. The city council may levy a tax on water and gas;
on licenses to agents of insurance companies, whose principal
office is not located in said city; to auctioners; to public
theatrical, or other performances or shows; to keepers of bil-
liard tables and ten pin alleys; to hawkers and pedlars; to
agents for the renting of real estate; tocommission merchants
and any other business, whether a license may be required
therefor by the state or not.

54. Any payment of taxes made by the tenant, unless
under an express contract contained in his. lease, shall be a
credit against the person to whom he owes the rent.

55. The council may grant or refuse licenses to owners or
keepers of’ wagons, drays, carts, hacks and other wheeled car-
riages, kept or employed in the city for bire. and may require
the owners or keepers of wagons, drays and carts, using them
in the city, to take out a license therefor, and may assess and
require taxes to be paid thereon, and subject the same to such
regulations as they may deem proper; and may prescribe
their fees and compensation.

56. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon, and no
deed of trust nor mortgage upon goods and chattels shall pre-
vent the same from being distrained and sold for taxes assessed
against the grantor in such deed.

57. There shall be a lien on real estate for the city taxer,
as assessed thereon from the commencement of thé year from
which they were assessed. The council may require real
estate in the city delinquent for the non-payment of taxes to
be sold for said taxes, with interest thereon at the rate of ten
per centum per annum, and such per centum as the council
may prescribe for charges. ‘Such real estate shall be sold
and may be redeemed in ‘the manner provided by law.

58. The city council may organize and maintain a fire
department for the city, and appoint an engineer, assistants
and other officers, with any or all the powers which have
been or may be vested by law in such officers; and they may
make rules and reguiations for the government of the officers
and men of said department; may prescribe their respective
duties in case of fire or alarms of fire; may fix their pay, and
may impose reasonable fines for the breach of such regula-
tions and may make such ordinances as they may deem pro-
per to extinguish and prevent fires; to prevent property
from being stolen, and to require citizens to render assistance
to the fire department in case of need.

99. For the purpose of guarding against the calamities of fire,
the city council may, from time to time, designate such por-
tions and parts of the city as they may deem proper within
which luildings of wood may be erected. They may pro-
hibit the erection of wooden buildings in any portion of the

city. without their permission, and shall, on the petition of
the owner or owners of at least one-half of the ground in-
cluded im any square of the city, prohibit their erection on
said square of any buildings. or addition to any building, un-
less the outer wails thereof be made of brick and mortar, or
stone and mortar, and may provide for the removal of any
such building or addition which shall be erected contrary to
such prohibition, at the expense of the builder or owner
thereot; and ifany such building shall have been commenced
before said petition can be acted on by the council, or, if any
building in the process of erection appears clearly to be un-
sufe, the council may cause such building to be taken down
alter reasonable notice to the owner.

60. The said council shall, by ordinance, provide for any
irrecular election not herein provided for, and appoint the
necessary officers to conduct the same.

61. The city of Roanoke and its inhabitants shall be exempt
from all assessments for levies in the way of taxes imposed
by the authorities of Roanoke county for any purpose what-
ever except Upon property in said county owned by the in-
habitants ofsaid city, nor shall such inhabitants be liable to
kerve upon juries in said county.

62. Unless otherwise specially provided, the persons hold-
inee any of the offices provided for in this char ter, Which have
heretofore existed under the charter in force immediately i he-
fore tts adoption, shall continue to hold the same under their
present election or appointment, until the term of said office
ax herein provided shill expire, stating the commencement of
auch term from the term = fixed in sid former charter; and
all ordinances and laws in force immediately before the pas-
sage of this charter so far as consistent herewith,-and all
liabilities, actions, claims, contracts and prosec utions arising
thereunder, shall remain and continue as if this act had not
been passed.

63. All ordinances now in force ino said city not incon-
sistent with this act, the laws of this state and of the United
States, shall be and remain in force until altered, amended, or
repealed by said council.

64. All acts and parts of acts in conflict with this act are
hereby repealed.

65. This act shall be in foree from its passage.