Chap. 343.—An ACT to amend the charter of the town of Charlottes-
ville.

Approved March 2, 1888.

1. Be it enacted by the general assembly of Virginia, That
sections one, two, five, and seventeen, as amended by an act
of the general assembly, approved January the thirty-first,
eighteen hundred and eighty-eight ; sections four and twenty-
four, as amended by an act approved April the twenty-eighth,
eighteen hundred and seventy-four; and section thirty-three,
as amended by an act approved March the eleventh, eighteen
hundred and seventy-two, of an act entitled an act to provide
a new charter for the town of Charlottesville, approved
March the twenty-eighth, eighteen hundred and seventy-one,
be amended and re-enacted, and be further amended by the
addition of sections thirty-seven, thirty-eight, thirty-nine,
forty, forty-one, forty-two, forty-three, forty-four, forty-five,
forty-six, and forty-seven, so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia, That
so much of the land as lies and is contained within the fol-
lowing boundaries, beginning at the entrance to the Breman
estate from the Monticello road (the gate nearest to town);
thence north forty-eight, east one hundred and six poles,
crossing the Chesapeake and Ohio railway, to corner of the
yard belonging to (the farm) late Thomas L. Farish’s estate,
on the road to the woolen mills; thence with said yard fence,
north thirty-three and one-half, east fifty-eight and one-half
poles; thence north twenty-one, west one hundred and sev-
enty-six and a-half poles, to the northeast corner of B. C.
Flannagan’s dwelling-house; thence north seventy-two and
one-half, west one hundred and fourteen poles, to the south
bank of the Virginia Midland railway; thence along said
southern bank, south forty-eight and one-half, west one hun-
dred poles, and south fifty-eight and one-hal{, west thirty-five
poles, to the south side of Preston avenue; thence along the
south side of said avenue, north forty-seven and one-half,
west thirty-seven poles, to the southeast corner of John M.
White’s lot; thence leaving the road or avenue, south eighty-
seven and one-half, west thirty-seven and four-tenths poles,
to the southeast corner of Jesse Seay’s lot; thence north
eighty-two and one-half, west one hundred and forty-eight
jae to the southeast corner of Mrs. Turner’s slaughter-

ouse; thence north sixty-nine and one-half, west thirty-four
poles, to the lane leading to the said Mrs. Turner’s house;
thence with said lane, south twenty-six, west thirty poles, to
the Chesapeake and Ohio railway ; thence east with said rail-
way to the crossing of the University avenue; thence leav-
ing the railway, south thirteen and one-fourth, west one hun-
dred and eighteen poles, crossing the Virginia Midland rail-
way, to a corner in line with the Fife lots; thence south
eighty-seven and one-half, east thirty-six poles, to the south-
ern line of said lots, and along the same sixty-eight and one-
half poles to the southwest corner of Thomas B. Bunche’s lot,
at the head of R. H. Fife’s ice-pond; thence south forty-three
and one-half, east thirty-seven poles, to corner in branch be-
low said ice-pond; thence south twenty-four and three-fourths, .
east one hundred and twenty-seven and one-half poles, to the
southwest corner of James 8. Barksdale’s lot on the road to
Hartman’s mill; thence along the northern margin of said
road, south sixty-one and three-fourths, east twenty-three and
one-half poles, to the southeast corner of said Barksdale’s
garden; thence south eighty-one, east seventy-five poles, to
Pollock’s branch; thence with said branch as far as its several
courses will admit, north forty-two and a-half, east eighty-
five poles, north seventy-four and one-half, east twenty poles,
and north forty-five and one-half, east eight poles, to a point
on said branch west of J. L. Hay’s house; thence south sixty-
nine and one-half, east one hundred and eleven and one-half
poles, crossing the Scottsville road (and including the said
ay’s house), to the place of beginning, shall be, and is here-
by made the city of Charlottesville; and the inhabitants of
the city of Charlottesville, for all purposes for which towns
and cities are incorporated in this commonwealth, shall con-
tinue to be one body politic in fact and in name, under the
style and denomination of the city ot Charlottesville, and as
such shall have all the rights, immunities, powers, and privi-
leges, and be subject to all the duties and obligations now in-
cumbent and pertaining to said city as a municipal corpora-
tion; and by that name may sue and be sued, and be subject
.to all of the provisions of the Code of Virginia, except so far
as may be herein otherwise provided.

§2. Until June thirtieth, eighteen hundred and eighty-
eight, the municipal authorities of said city shall consist of
a mayor and ten aldermen, namely: the present mayor and
board of aldermen, and after June thirtieth, eighteen hundred
and eighty-eight, the municipal authorities shall consist of a
mayor, a clerk of the court of hustings, a commonwealth’s
attorney, a treasurer, a sergeant, a commissioner of the reve-
nue, a justice of the peace, a constable, (who shall be elected
as hereinafter provided) and the present ten aldermen, who
shall hold their offices until June thirtieth, eighteen hundred
and eighty-nine, and after June thirtieth, eighteen hundred
and eighty-nine, there shall be twelve aldermen, who shall be

‘elected as herein provided. The council, before the firat day
of April, eighteen hundred and eighty-eight, shall proceed to
lay off the city into four wards containing an equal popula-
tion as far as practicable; to define the boundaries of said
wards using the streets and alleys of said city as boundary
lines where it can be done; to prescribe a name or number
for each ward, and establish a voting place in each one
thereof. The aldermen shall be elected on the fourth Thurs-
day in May, eighteen hundred and eighty-nine, and on the
fourth Thursday in May of each second year thereafter,
three aldermen shall be elected from each ward in the city;
all persons qualified to vote in said elections shall be eligible

to pither ai gbe said offices.
§ 4. There shall be elected by the council of said city, an
overseer of the poor, a street commissioner, and such officers
and clerks as they may deem proper and necessary, and any
one or more of said offices may be held and exercised by the
same person. The officers mentioned herein shall be ap-
pointed or elected by the council within thirty days after the
qualification of a majority of the members thereof, and shall
exercise the duties of their respective offices for the term for
which members of the council have heen elected, unless
sooner vacated by death, resignation, removal, or for other
cause.

§5. There shall be a new registration of the voters of the
city of Charlottesville, to be made at such time, prior to May
first, eighteen hundred and eighty-eight, as may be deter-
mined by the council of said city, by which said voters shall
be registered only on the books of the ward, or election pre-
cinct in which they respectively reside, notice of the time and
places for such new registration shall be given by publication
in one or more newspapers of the city and by printed hand-
bills posted in at least five public places in each of said wards
or voting precincts for at least ten days prior to the beginning
of such registration. The registrars of such wards or voting
precincts shall sit for three days at the place or places desig-
nated for such new registration, and shall within five days
after completing the same, cause to be posted in two or more
public places in their respective wards, written or printed
lists of all persons admitted by them to registration. In all
respects except as herein provided, the duties of such regis-
trars shall be as prescribed by the general laws of the state.
The registration made under this act shall have the same
force and virtue as though made under the said general reg-
istration laws; shall be revised, altered, added to, and amended
in the mode prescribed by said general laws, and shall take
the place of all registration of voters heretofore made in and
for said city. The secretary of the commonwealth shall fur-
nish the clerk of the city council with so many registration
books as may be necessary to carry out the provisions of this
act. W.R. Burnley, J. B. Andrews, and A. D. Payne shall
be and are hereby constituted the city electoral board, who
shall at some date prior to April first, eighteen hundred and
eighty-eight, appoint a registrar for each of the wards or pre-
cincts of said city, and said registrars shall qualify as pre-
scribed by general law; shall make said new registration for
their respective wards or precincts; shall perform the duties
and receive the compensation prescribed by the general laws
affecting registration, and hold their offices for the term fixed
by said general laws; and after the fourth Thursday in May,
eighteen hundred and eighty-eight, the election of mayor,
aldermen, and other constitutional officers and registration of
electors of said city, shall be held and conducted in the man-
ner prescribed by the laws of Virginia then existing.

§17. The levy so made, may be laid on all male persons
who are residents of said city over twenty-one years ot age;
upon dogs and upon all personal and real estate within said
city, except such persons, personal and real estate as are
exempt from taxation under the laws of this state, and also
upon all other subjects within said city as may at the time
be assessed with state taxes: provided however, that the tax
.on real estate and personal property, including choses in
action, shall not exceed in any one year one dollar and six-
teen cents on every one hundred dollars value thereof: and
provided also, that unimproved grounds while used for agri-
cultural or grazing purposes included in this charter at the
time they are taxed, shall be taxed for incorporation pur-
poses at the same rates as the same lands would be taxed for
county purposes if outside the corporation limits: and pro-

» vided moreover, that the tax on income shall not exceed the
rate of taxation on the same by the laws of this state at the
time by said levy; but nothing contained in this section, as
hereby amended, shall limit or restrict the power of the city
council to levy such additional taxation as they may deem
necessary for the use and benefit of the city: provided such
additional taxation shall be authorized and sanctioned by a
vote of the qualified voters of said city in the mode and man-
ner prescribed in section twenty-three of the new charter of
said town for creating a loan or loans of money.

§ 24. The city sergeant shall attend the terms of the court
of hustings of said city, and shall act as the officer thereof; the
said sergeant may, with the approval of the hustings court,
appoint a deputy, who may be removed from office by the
sergeant or the hustings court, and may discharge any of
the duties of the office of sergeant, but the sergeant and his
sureties shall be liable therefor.

§ 33. The city of Charlottesville and its inhabitants shall
be exempt from all assessments for levies in the way of taxes
imposed by the authorities of Albemarle county for any pur-
pose whatsoever, except upon property in said county, out-
side of the limits of said city, owned by the inhabitants of said
city, also except as to the license tax upon any business con-
ducted by a resident of Charlottesville outside the corporate
limits, and except as to taxes assessed in the year eighteen
hundred and eighty-eight, by the authorities of the county of
Albermarle, upon the inhabitants and property within the
limits of the city of Charlottesville, which said taxes and
licenses shall be collected by the treasurer of Albemarle
county, and apportioned between the city and county by the
board of arbitration hereinafter provided for, and the amount
due the city of Charlottesville shall be paid by the said county
treasurer into the treasury of the city of Charlottesville; nor
shall the inhabitants of said city be liable to serve on juries
of said county.

§37. There shall be elected by the qualified voters of
the city of Charlottesville, on the fourth Thursday in May,
eighteen hundred and eighty-eight, one mayor, who shall
hold his office for the term of two years; one clerk of
the corporation court, who shall hold his office for the

Google
term of six years; one commonwealth’s attorney, one ser-
geant, one commissioner of the revenue, who shall hold
their offices for the term of two years; one city treasurer,
one justice of the peace, and one constable, who shall hold
their offices for the term of three years. And there shall
be established for the city of Charlottesville a corporation
court, to be held by the city judge of said city on the second
Monday in each month, except the month of August, and for
aterm not to exceed twenty days in each month, and the
jurisdiction of said court shall be such as is now prescribed
y law, and the salary of said judge shall be fixed by the city
council at a sum not exceeding eight hundred dollars per an-
num; and the said city of Charlottesville shall remain a part
and parcel of the same legislative and senatorial district to
which it belonged as the town of Charlottesville.

§38. The officers whose offices are provided for in the
thirty-seventh section of this act, shall enter upon the dis-
charge of their duties on the first day of July, eighteen hun-
dred and eighty-eight, and shall have all the powers and per-
form all the duties prescribed for such officers by law; shall
be liable to all the penalties and be required to give such
security as prescribed by law, and receive for their services
such compensation as may now or hereafter be fixed by the
city council or by general law.

39. The election shall conform to the general law of the
state in regard to elections by the people.

§40. The existing floating debt of the town of Charlottes-
ville is hereby validated, and the city of Charlottesville is
hereby authorized to borrow money in a sum not exceeding
fifteen thousand dollars, for the purpose of paying the same
on account of said indebtedness, and for such loan said city
may execute its obligations.

§41. The said city of Charlottesville shall assume and be
liable to the county of Albemarle for a proportion of the
present funded and floating debt and existing liabilities of
said county heretofore incurred but not yet ascertained, as
follows: the amount so assumed shall bear such ratio to the
entire funded and floating debt and liabilities aforesaid of the
county, as the amount of assessed value of real and personal
property within the territory recently annexed to the town
of Charlottesville, bears to the whole of the assessed value of
real and personal property in said county, without the limits
of said city; and when the foregoing amount has been ascer-
tained as aforesaid, the city shall execute to the county its
coupon bonds, payable with interest at the rate of six per
centum per annum, payable semi-annually if agreeable to
said county, or, it not agreeable to said county, the said city
shall raise the money due said county by giving its obliga-
tions as the council may direct. The property now belong-
ing to the county of Albemarle within the limits of the city
of Charlottesville, shall be subject to the joint jurisdiction of
the county and city authorities, and shall not be subject to
taxation by the authorities of either county or city.
§ 42. If the county and city aforesaid cannot agree upon
the terms of joint occupancy and use of the courthouse and
jail and their respective lots and other buildings thereon, the
right of said city to such joint occupancy and use being here-
by recognized, then the board of arbitration herein provided
for, shall determine the terms of such joint occupancy and
use, and said board of arbitration shall determine what rights,
if any, the city aforesaid has in all other county property ;
but this is subject to the recognition of the right of the city
as well as the county (through the district school board or
otherwise) in the school property in the Charlottesville school
district; and nothing herein contained shall effect the rights
of the inhabitants of said city to participate in the benefits
of the Miller Manual Labor school in the Samuel Miller dis-
trict in said county.

§ 43. Whenever property heretofore assessed as a whole,
now lies partly within and partly without the new limits of
the city of Charlottesville, the present assessed value of said
property shall be equitably apportioned between the city and
county by the board of arbitrators hereinafter provided for,
until the parts are separately assessed.

§44. The right of the county, if any, to have the paupers
now at the county poorhouse, who were sent from the terri-
tory recently added to the corporation of Charlottesville,
transferred to the city poorhouse or their maintenance at the
county poorhouse provided for by the city, shall be deter-
mined by the board of arbitration herein provided for.

§45. A board of arbitrators composed of three members,
one to be selected by the board of supervisors of Albemarle
county, one by the city council of Charlottesville, and they
to choose a third, is hereby established, whose duty it shall
be to adjust and decide the matters hereinbefore submitted to
them, and all such other questions as may arise between said
‘city and county, growing out of the extension of the corpora-
tion limits and the establishment of a city government. The
awards of said arbitrators shall be entered up as the judg-
ments of the city court or the county circuit court, as the
arbitrators may designate.

. §46. And it is further provided that the same person shall
be eligible to, and, if elected, shall hold a county office and
city office, if said offices be of the same nature, at the same
time: provided, such officer lives within the city limits.

§ 47. Wherever the word “town” shall appear in the char-
ter of the town of Charlottesville, it shall be read as “city,”
and the charter of the town of Charlottesville as amended
hereby, shall be the charter of the city of Charlottesville.

2. This act shall be in torce from its passage.