Chap. 166.—An ACT to amend and re-enact section 72 of an act entitled an
act to provide a new charter for the city of Bristol, and to repeal all other
acts or charters in conflict therewith, approved March 5, 1900.

Approved February 14, 1901.

1. Be it enacted by the general assembly of Virginia, That ‘section
seventy-two of an act entitled an act to provide a new charter for the
city of Bristol, and to repeal all other acts or charters in conflict there-
with, approved March fifth, nineteen hundred, be amended and re-enacted
so as to read as follows:

§ 72. The council for the city of Bristol may, and is, hereby empowered
to pave any of its streets and to lay down and construct such sidewalks
or pavements, culverts, or sewers, or any other public improvement what-
soever, in and along anv or all of its streets as it may deem expedient,
and in such manner as it may direct. That such sidewalks, pavements,
or paving such streets, culverts, sewers, or other public improvements,
shall be of such material, width, and length as said council may pre-
scribe.

And said council is hereby empowered and authorized to levy local
assessments on abutting lands and lots, to meet the expenses of Jaying
and constructing said sidewalks. and of paving said streets and otherwise
improving the said walks and strects, or constructing culverts or sewers
or other public improvements, the said assessments to be levied accord-
ing to the benefits accruing to said abutting lands and lots by reason
of said sidewalks, the paving of said streets or other improvements as
aforesaid, and according to the provisions of this act, and the amount
of the same to be ascertained as herein provided.* Whenever in this city,
whether acting under special charter. gencral laws, or ordinance, any new
street shall be opened or laid out. a street paved or graded, culverts or
sewers, any other public improvement whatsoever made in said city, the
council may determine what portion, if any, of the whole expense thereof
shall be paid from the treasury of said city, and what portion thereof
shall be assessed upon the real estate, which in the opinion of the coun-
cil shall be benefited thereby; but no such public improvement shall be
made to be defrayed in whole or in part by a local assessment until first
requested by a petition from at least one-fourth of the owners of the
real estate to be affected thereby, or unless a majority of the council
shall decide to make such improvement, in which case no petition shall
be necessary.

If a petition as aforesaid is filed praving the council to take action,
they shall refer the same to the judge of the corporation court, with or
without their approval, and the said judge shall forthwith proceed to
appoint a board of assessors as hereinafter provided. If the council
shall determine at any time to make any of said improvements, it may
order them to be made, and after the work shall be completed, the judge
of corporation court of said city, either in term or vacation, shall appoint.
three or more discreet, fair, and impartial citizens and tax-payers of said
city as a board of assessors to perform such duties and exercise such
powers as are prescribed by this act, and such other duties as the said
judge may direct that are germane to the object of their appointment.
They shall, before entering upon their duties, have administered to them
by the judge or clerk of said court an oath to faithfully, honestly, and
impartially perform their duties as such assessors to the best of their
ability. They shall receive such reasonable compensation for their ser-
vices as the said judge may order, to be paid out of any funds in the
treasury of said city upon such order, and may at anv time be removed
by said judge whenever he deems it necessary.

The said assessors are hereby empowered and authorized to go upon
the premises whenever so directed bv the judge, mavor, or council of
said city, where the said city has paved any of its streets or laid sidewalks
or pavements in or along the same, or made other public improvements on
said streets,and view each piece of the abutting Jand or lots on such streets
and each of said improvements, and levy a local assessment separately
against said abutting land or lots, to meet the expense of said paving.
sidewalks, pavements and other improvements in front of and along such
land or lots, as will be in proportion and according to the benefits of such
lands or lots, accruing to the same by reason of cither one or all of said
improvements, and they shall not take into consideration the benefits to
one lot or piece of land in levying such assessments against another, but
they shall make the said assessments against each lot or piece separately
and distinctly from any other lot or piece of land, and taking as the
basis of assessment the benefits accruing to that piece or lot of land by
reason of such improvement. And if no benefit has acerued to such lots
or pieces of lands by reason of such improvements. no such assessment
shall be made, and said assessor shall report that fact to said court as
hereinafter provided by this act.

The said assessors, before viewing the premises aforesaid and before
levying such assessments, as provided in the preceding scction of this act,
shall give notice to each of the owners of such abutting lands or lots, of
the time and place they shall meet and for the purpose aforesaid for
at least ten days previous to said mecting. The said notice may be served
by a sergeant, constable, or any policeman of said city, by delivering a
copy thereof to each of the said ow ners, or by leaving the same at the
usual place of abode. as provided for service of process in an action or
suit under the general laws of the state, or if such owner be a non-resi-
dent, by delivering a copy to his attorney or agent; or, if such owner
be a corporation, by delivering a copy thereof, or by publication as re-
quired by the general laws of the state, in the service of a process in ac-
tion or suit, and such shall be sufficient if made on an agent or attorney
of a non-resident corporation. The said assessors may adjourn from time
to time and from place to place without further notice, until they have
concluded their work.

A majority of said assessors shall constitute a quorum for the trans-
action of any business by them, and any report or any action concurred
in by a majority of the assessors acting, shall be as effectual and binding
as if agreed to by all of them.

They shall report separately the amount of the assessments aforesaid
levied against each piece of said lands or lots, giving the name or names
of the owners thereof, and the kind and nature of the improvements,
on whose account said assessments are made and the actual costs of the
making of same, giving a full and particular report, with such facts,
dates, or matters as may be required by said court or judge thereof, in
term or in vacation.

The said report shall be filed in the clerk’s office of said court and shall
not be acted upon until after the same has been so filed for ten days,
unless that be waived. Any person or corporation who shall feel ag-
grieved by said assessments, as levied aforesaid, may at any time before
said report is confirmed file exceptions to the same, upon the grounds
that the said assessments exceed the benefits accruing to their lands or
lots as aforesaid, by reason of the city paving said streets, laving said
sidewalks, pavements, or making such other improvements aforesaid, and
that such assessments were not made according to the benefits to the said
property, and that the provisions of this act have not been complied with,
or stating any other legal ground of defense, and the city may file
exceptions to said report any time before its final confirmation on like
grounds, and the further grounds that the said assessments were not
made in proportion and according to the benefits of said property.

The said court shall at any time after said reports have been filed,
hear and determine said exceptions, and on any question involved therein,
shall hear such evidence as may be given by witnesses, viva voce or other-
wise.

The said assessments as reported aforesaid mav be increased or de-
creased by the court if it appear that the same were not levied according
and in proportion to the benefits to said abutting lands and lots, or the
court may make any correction therein, as may be equitable and just.
And the court may re-commit said report to said assessors for further
action or reports by them; but no further notice shall be given unless
re-committed for want of proper notice, which said further reports shall
be made as prescribed by this act for their first report, and such action
may be taken on it by the court as on the first report; but in no case
shall a report be re-committed without cause therefor: provided, any non-
resident person or corporation may appear if notice as aforesaid has not
been served by delivering a copy to such person, his agent or attorney,
or by delivering a copy thereof to the agent or attorney of such corpora-
tion, or was not represented in court by counsel, any time within ninety
days from the filing of said report, although the same may have been
confirmed, and file exceptions thereto, and the same proceedings may
be had thereon as hereinafter provided: provided further, that if no
exception be filed as aforesaid the report shall be confirmed, and when
so confirmed the said court shall direct by order the said assessments to
be paid by such owner or owners of said lands or lots as their interest
in the same may appear to the treasurer of the city, within such time and
on such terms as the city council may direct.

And such assessments, when said reports are confirmed, shall be a
lien on said abutting Jands or lots, which shall not be defeated by any
subsequent lien against the same or by any subsequent purchase thereof,
and no mistake in the description of the property or the name of the
owner or owners shall impair the said lien.

Any owner of property ayainst whom an assessment shall have been
made for such improvement, shall have the right to pay the same, or any
part remaining unpaid in full, with interest thereon, and such payment
shall discharge the lien on said property. If any owner shall sub-divide
any abutting property after such lien attaches, he may discharge the lien
upon any part thereof in like manner. If said assessments are not paid
as provided by said council as ordered by the said court, then it shall be
the duty of the city attorney to institute a suit in chancery in said court
to enforce said assessment licn against said lands or lots, and subject the
same, or so much thereof as may be necessary to discharge and pay off
said lien, and if said city attorney from any cause cannot or fails to
act, then the corporation court may appoint some other attorney to act.

The court may adjudge all or any part of the costs accruing in any
proceeding under this act against or in favor of cither party thercto as
may be proper and just: provided further, that where the council for
said city from time to time (as such improvements are made) issues
bonds for such sums as may be required to pav for or provide for funds
for improvements ordered, the benefit of which is to be assessed against
and collected from the abutting properties, to he paid to the city in in-
stalments, said council may irrevocably pledge the faith. eredit, and
entire property of the entire city to the payment, in full, of said bonds
and interest thereon when due: and should the collections made from
assessment of benefits against abutting properties be insnfficient to pay
the interest or principal of said bonds so issued when due. the remainder
required shall be paid out of the general funds and revenues of said city.

All the powers under this act given to the city council may be dele-
gated by it to its proper committecs. or persons appointed therebv, and
acting for and in behalf of the city or said council.

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