Chap. 218.—An ACT to authorize the city council of Fredericksburg to issue its
coupon or registered bonds for the purpose of constructing and improving
streets and for other purposes of internal improvements and benefit to the

city.
Approved February 1, 1896.

1. Be it enacted by the general assembly of Virginia, That it shall
be lawful for the council of the city of Frederickburg, in order to es-
tablish a system of sewerage for the said city, and for the purpose of
grading, paving, curbing, macadamizing, blocking, or otherwise im-
proving the streets of said city, and for other internal improvements,
and for the purpose of assisting such enterprises within the city of a
public and beneficial nature to the city as the citizens may approve,
or for any one or more of said purposes, to issue coupon or regis-
tered bonds in sums not less than one hundred dollars, to an amount
not to exceed the par value of fifty thousand dollars, to bear interest
at arate not to exceed five per centum per annum, payable semi-
annually, said bonds payable thirty years after the date of their
issue, and any, or all, of said bonds shall be redeemable at the option
of the city council at any time after ten years from the date of their
issue. The said bonds shall be signed by the mayor and the city
treasurer, and attested by the clerk of the council, with the corpor-
ate seal of the city affixed thereto, and the coupons shall each bear
the name of the city treasurer signed thereto. The said bonds shall
be exempt from any and all taxation by the said city of Fredericks-
burg or the city council, and shall not be sold for less than their par
value.

2. That the city council shall not issue any bonds provided for in
this act until said council shall have taken the sense of the qualified
voters of said city as hereinafter provided for; and said council
shall not order any election under this act until a majority of the
council have voted in favor of some definite measure or subscrip-
tion, as the case may be, for the improvement of said city as contem-
plated by this act, and has ascertained the proximate cost thereof,
and, if the same shall relate to sewerage or street improvement, they
shall also ascertain and designate the streets and squares of said
city to which such improvements are to apply, and shall publish all
such information, at least once a week for two weeks, before any elec-
tion held under this act, in one or more newspapers of said city for
the information of the voters; and said council may hold such elec-
tion in relation to any of the objects stated in the first section of
this act, as often as a majority thereof may deem the same advisa-
ble, and until the issue of the bonds herein authorized has been ex-
hausted; provided that no improvement subscription or measure
proposed by the council which has once been rejected, at an election
held under this act, shall again be submitted to the voters of the city
for their approval or rejection.

3. That when the council has complied with the second section
of this act and made a record of the same upon its minutes, it is
authorized to make an order requiring the sergeant and the judges
of election at such time, not less than thirty days from the date of
said order, which time shall be designated therein, to open a poll
and take the sense of the qualified voters of said city, whether the
said council shall make such improvement or subscription, as the
case may be, as has received the approval of a majority of said
council as aforesaid. The judges of election, after taking an oath
to faithfully perform the duties assigned them, shall open polls at
the voting places in said city, and shall conduct said election and
close said polls as required by law in other elections. At said elec-
tion each qualified voter, who shall approve said improvement or
subscription, as the case may be, shall deposit a ballot on which is
written or printed “ For improvement ” or “For subscription.” And
each voter opposed to said improvement or subscription shall de-
posit a ballot on which is written or printed “Against improvement”
or “Against subscription,” and each ballot shall be endorsed with
the name of the voter, or the same shall not be valid. The judges
of election, at the several voting places, shall immediately after the
closing of the polls at each of said places count the ballots deposited,
and shall, within two days after said election, make return to the
mayor or other presiding officer of said council of the number of
votes cast for the said improvement or subscription and the number
of votes cast against the said improvement or subscription, as the
case may be, and shall return to and deposit with the clerk of the
corporation court of Fredericksburg in separate sealed packages the
ballots for and against the improvement or subscription; and the
council shall appoint four citizens of said city, two from each ward,
who, with the clerk of the corporation court, shall constitute a board
of commissioners, whose duty it shall be, within two days thereafter,
to meet and, after taking an oath to faithfully perform their duty,
open said packages of ballots, count the same, correct the returns, if
necessary, and ascertain and report to the council how many of said
ballots were cast by freeholders, and how many by non-freeholders
for and against said improvement or subscription, respectively, which
said report, signed by a majority of said board, shall be entered
upon the minute book of said council.

4. If it appear by the report of the board of commissioners that
three-fifths of the qualified voters of said city, voting upon the
question, are in favor of said improvement or subscription, as the
case may be, and that said three-fifths includes a majority of the
votes cast by freeholders at such election, and a majority of the re-
gistered voters of said city, the city council of Fredericksburg is
hereby authorized to enact such ordinances as may be necessary or
appropriate to carry out and effectuate the provisions, and the full
intent and meaning of this act; and to issue and dispose of so many
of said bonds, as may be authorized by the vote taken and reported
as hereinbefore provided.

5. That the city council be authorized annually to levy and collect
taxes sufficient to pay the interest on all bonds issued under this
act; and said council shall provide for the payment of the principal
of said bonds when the same shall mature or become payable, and
in their discretion may create a sinking fund to be applied to the
redemption and payment of said bonds,
6. The funds derived from the sale of any bonds issued under
this act shall be deposited in the city treasury as a separate and
special fund, and no partof the same shall be used or applied to any
other purpose than that for which the same was authorized by the
voters of said city as herein provided.

7. That should a system of sewerage, whether general or partial,
be authorized at an election under the provisions of this act, then
the council shall have power within the limit of the money voted for
such purpose to introduce such system in the city and in the streets
and alleys of said city, and to establish, build, construct and own
sewers for the drainage of said city; to adopt and establish such
rules and ordinances regulating the drainage and sewerage of said
city, its streets and alleys, and as to the use of the same, as the city
council may deem necessary and expedient, and to enforce such rules
or ordinances by the imposition of reasonable fines and penalties to
be collected as other fines and penalties are collected under its cher-
ter; to make and collect reasonable charges against all persous for
tapping or opening any sewer or sewers owned or controlled by said
council; and to collect and enforce the payment thereof as taxes
and levies are collected and enforced by said city; and when the
carrying out of the provisions of this section shall, in the judgment
of the council, require the use of any lot or part thereof, the council
is authorized to institute condemnation proceedings in the event
that they shall fail to agree with the owner as to the proper compen-
sation therefor.

8. This act shall be in force from its passage.