Chap. 170.—An ACT to amend and re-enact an act of the general assembly of
Virginia, in force January 21, 1884, entitled “an act providing a charter for
the city of Norfolk, and repealing the existing charter, approved April 21,
1882,” as amended by the several acts of the general assembly of Virginia,
approved, respectively, April 6, 1887, April 28, 1887, May 14, 1887, February
14, 1900, February 21, 1900, February 26, 1900, February 2, 1901, February
15, 1901, March 15, 1902; and“to define the boundaries of the said city of
Norfolk, as extended by the several acts of the general assembly, approved
April 6, 1887, February 22, 1890, and March 14; 1902, and by an order of the
circuit court of Norfolk county, which was entered on the 9th day of Janu-

ary, 1906.
Approved March 14, 1906.

Be it enacted by the general assembly of Virginia, That an act of the
we wnerall assembly of Vi irginia, in force January twent¥- first, eighteen hun-
dred and eighty-four, entitled “an act providing for a charter ‘for the © itv
of Norfolk, and repealing the existing charter, approved April twenty-
first. eighteen hundred and eighty- two, * as amended by the several acts
of the general assembly of Virginia, approved, respectively, April sixth,
cighteen hundred and eighty-seven, April twenty-cighth, eighteen lun-
dred and eighty-seven, May fourteenth, eighteen hundred and eighty-
seven, February fourteenth, nineteen hundred, February twenty-first.
nineteen hundred, February twenty-sixth, nineteen hundred. February
second, nineteen hundred and one, February fifteenth, nineteen hundred
and one, March fifteenth, nineteen hundred and two, be amended and
re-enacted so as to read as follows :

$1. That the territory contained within the limits heretofore prescribed
hy statute, to-wit: “An act providing a charter for the city of Norfolk
and repealing the existing charter, approved April twenty-first, eighteen
hundred and eighty-two, in force January twenty-first, eighteen hundred
and eighty-four”: “an act to amend the charter and to extend and define
the boundaries of the city of Norfolk, approved April sixth, eighteen hun-
dved and cighty-seven” ; “an act to extend the boundaries of the city of
Norfolk, approved February twenty-second. eighteen hundred and
ninety” ; “an act to annex additional territory to the city of Norfolk, and
provide for the government of said annexed territory, approved March
fourteenth, nineteen hundred and two,” and “an act to incorporate the
town of Berkley, approved March third, eighteen hundred and ninety.”
and such territory as may be hereafter annexed by Jaw shall be deemed
and taken as the city of Norfolk, and the inhabitants thereof shall be a
body corporate and politic under the name of the city of Norfolk, and as
such shall exercise all the functions of a municipal corporation, and be
subject to all the duties and obligations now incumbent on the city of
Norfolk, except that the special provisions of law applicable to so much
of the said territory known as the Seventh or Park Place ward. as de-
fined in the aforesaid act, approved March fourteenth, nineteen hundred
and two, shall apply to the same during the period specified in said act;
and except that so much of the territory which was incorporated as the
town of Berkley by the act of March third, eighteen hundred and ninety.
shall be subject to the terms and provisions of the order of the circuit
court of Norfolk county, which was entered on the ninth day of January,
nineteen hundred and six, annexing the said territory to the city of
Norfolk.

The territory covered by the aforesaid acts is described as follows: Be-
rimming at a point where the centre line of Houston street intersects the
low water mark of the Elizabeth river; thence in a southeasterly direction
ilong said low water mark to the centre line of Tarrant’s creek; thence
na line perpendicular to the port warden’s line of the Elizabeth river to
the intersection of said perpendicular line with the said port warden’s
ine: thence following the said port warden’s line southeasterly and pass-
ing across the mouths of all tributary creeks to the intersection of said
port warden’s line with the center line of Ohio creek; thence northwardly
ilong the centre line of Ohio creek to the centre line of Corprew avenue ;
thence westwardly along the centre line of Corprew avenue to the eastern
line of the Norfolk and western railway company’s right of way; thence
westerly to a point in the centre of Gibb’s avenue, distant two hundred
ind ten feet northerly from the north side of Highland avenue; thence
westerly to a point in the centre of Cooke avenue. distant one hundred
ind seventy feet northerly from the north side of Highland avenue:
tence westerly to a point in the centre of Beale street, distant two hun-
dred and forty feet northerly from the north side of Highland avenue:
thence westerly to a point in the centre of Maple avenue; distant two
hundred feet northerly from the north side of Highland avenue; thence
ina line at right angles to Maple avenue westerly to the canal or drain on
the east side of Landing street; thence northerly to a point on the north
side of the Broad creek turnpike, distant one hundred and fifty-nine feet
easterly from the east side of Landing street; thence northerly to a point
on the north side of Henry street, distant one hundred and ninety-three
feet easterly from the east side of Landing street; thence northerly to a
point on the south side of Princess Anne avenue, distant two hundred
and sixty-five feet easterly from the east side of Landing street, which last
point was established as the head. of Newton’s creek ; thence westerly to a
foint on the west side of Church street, distant northerly three hundred
and thirty-five feet from the northwest intersection of Church street with
Princess Anne avenue, which last point was established as the head of
Smith’s creek ; thence in a straight line to the centre of the stone culvert
on the east side of Elmwood cemetery, which culvert is in the centre of:
Smith’s creek ; thence following the meanders of Smith’s creek westerly
to the north fork of said creek; thence northwesterly up the north fork
of said creek, which is on the western side of the Norfolk colored ceme-
tery, to the head of that fork; thence continuing in a straight line north-
vasterly to the southern line of the Norfolk and western railway’s right
of way: thence along the southern line of said right of way easterly to
the centre line of Church street ; thence northerly along the centre line of
said Church street to a point at which the northern line of Twenty-ninth
street as laid down on the plat of “Villa Heights” would intersect the
said centre line of Church street; thence easterly along the northern line
of Twenty-ninth street and the northern line of Waverly Way on said
“Villa Heights” plat, following the curve of said last-named line to the
centre line of Tanner’s creek; thence following the centre line of Tan-
ner's creek and a branch thereof to the intersection of said centre line with
the centre line of Colley avenue, extended northerly; thence southerly
along the centre line of Colley avenue to its intersection with the western
boundary of “Highland Park”; thence southerly along the said western
boundary to the Cooper road; thence southerly along the Cooper road to
the eastern line of the right of way of the Norfolk and western railway
company’s branch road running from its main track northeasterly to the
Lambert’s Point knitting mills; thence along the eastern side of said
right of way southwesterly to the southern line of the Norfolk and west-
ern railway company’s right of way; thence westerly along the south side
of said right of way to Clarke street as laid down on the plat of the land
of the Norfolk terminal company at Lambert’s Point; thence along the
centre line of Clarke strect to the centre line of Kimball street ; thence
along the centre line of Kimball street to the centre line of Houston
street; thence along the centre line of Houston street to its intersection
with the low water mark of the Elizabeth river, which is the point of
beginning; also beginning at the point in the harbor line on the south
side of the eastern branch of the Elizabeth river, where the line between
B. A. Colonna and the Hardy heirs intersects the same; and thence
about south to the forks of the creek, and thence southeasterly following
the middle of the southeast fork of said creek, and the southern boun-
dary of said Colonna’s property to the western boundary of the Norfolk
and western railroad in such a manner as to exclude the farm of B. A.
Colonna from the town of Berkley; thence following southerly along the
western line of the Norfolk and western railroad company’s right of way
to its intersection with the Oberndorfer road; thence continuing along
the western side of said road to Liberty street extended ; thence along the
north side of said Liberty street to the western line of Fourteenth street
on the Tunis property extended; thence along the western line of said
Fourteenth street to the centre of Mile Run creek; thence down the centre
of said creek to the southern branch of the Elizabeth river; thence down
the southern branch to the Elizabeth river proper, along the said river to
the eastern branch and up the eastern branch to the point of beginning.
The courts of the said city shall have civil and criminal jurisdiction
heyond the said boundaries as is now provided or may hereafter be pro-
vided by law, and the said courts shall have concurrent jurisdiction with
the courts of the county of Norfolk or of the city of Portsmouth over the
Elizabeth river and its tributaries lying between the said city of Norfolk
and the said county of Norfolk and city of Portsmouth, subject only to the
maritime and admiralty jurisdiction of the United States.
$2. The said city shall be divided into wards, as now constituted, but
the number of wards may be hereafter increased or diminished and the
boundaries thereof changed by the city council, as authorized by law.
$3. The administration and government of the said city shall be in-
vested in one principal officer, to be styled the mayor; a council, consist-
ing of two branches, one of which shall be called the “common council,”
and the other the “board of aldermen,” and in such boards and other
officers as are hereinafter provided for, and they shall perform such
duties and exercise such rights and powers, respectively, as shall be vested
in them by law and by this act, or any act hereafter passed amending the
same.
$4. The election of the municipal officers hereinafter mentioned, ex-
pt those to be elected bt the council, and except the election of mayor
id members of the council, and the board of control, who shal! be elected
‘hereinafter provided, shall be held on the Tuesday after the first Mon-
iv in November, nineteen hundred and nine, and on the Tuesday after
¢ first Monday in November in every fourth year thereafter, and their
mms of office shall begin on the first day of January succeeding such
ection, and the said election shall be conducted under the provisions of
¢ general election laws of the State.

$5, Whenever any special election shall be ordered by the city council
ir any object not provided for in the general election laws of the State.
shall communicate its order for the same to the judge of the corpora-
wm court of the city of Norfolk, and the same proceedings shall be had as
rm provided by the laws of the State for special elections to fill’ vacan-
es in any municipal office.

36. In case of a vacancy arising in any municipal office provided for
y this act, the city council in joint session shall elect a qualified person
‘fill such office for the unexpired term, except as hereinafter provided,
nl in case of any vacancy arising in the office of councilman, the branch
1 which the vacancy occurs shall elect a qualified person for the unex-
ired term.

$i. The mayor and the members of the city council, before entering
pon the duties of their respective offices, shall each take the oaths pre-
‘ribed by the laws of this State for all State officers. Such oaths may le
dministered by any judge of a court of record commissioned to hold anv
ich court within said city, or by any justice of the peace within said
itv, and a certificate thereof shall be filed with the city clerk and be
ntered upon the journals of both branches of the city council. Every
ther person elected to any office under this act, or under any ordinance of
ne council, exeept laborers, teamsters or clerks, shall, before he enters
pon the duties of his office, take and subscribe said oaths, together with
uch other oath as may be required by ordinance, before the mayor or any
ustice of the peace of said city, and a certificate of the same shall be
led in the office of the city clerk. The clerk of the corporation court of
¢ said city shall notify all persons elected under this act by the people
f their election, and the city clerk shall notify all persons elected by the
muncil. of their election. If any person elected to any office in said city
all for ten days after receiving notice of his clection fail to take such
ath and give such bond, with “security as may be required by law or
rdinance, “he shall be considered as having declined said office, and the
ame shall be deemed vacant, and such vacancy shall be filled according to
1¢ provisions of this act.

$8. The mayor shall be elected by the qualified voters of the city of
‘orfolk for the term of four years, and until his successor shall be clected
nd qualify. His salary shall be fixed by the city council, payable at stated
etiods, and he shall receive no other compensation or emolument what-
ever,

$9. He shall, by virtue of his office, possess all the jurisdiction, and
nay exercise all the powers and authority, of a justice of the peace of the

e.
said city, in addition to the powers hereby given by virtue of this act. or
which may hereafter be given to him by law. °

$10. It shall be his duty to communicate to the city council annually.
as soon as may be after the commencement of the fiscal year, and oftener:
if he shall deem it expedient, or if required by said council, a general
statement of the situation and condition of the city, in relation to its
government, finances, and improvement, with such recommendations a:
he may deem proper. The mayor shall have power to appoint, during his
term of office, to serve at his pleasure, a secretary.

§11. He shall be the chief executive officer of the city, and shall take
care that the by-laws and ordinances thereof are fully executed. He shall
see that the duties of the various city officers and members of the police
and fire departments are faithfully performed. He shall have power to
investigate their acts, have access to all books and documents in their
offices, and may examine them and their subordinates on oath. The evi-
dence given by persons so examined shall not be used against them in
any criminal proceedings. He shall also have power to suspend such
officers and the members of the police and fire departments, and to re-
move such officers for misconduct in office or neglect of duty, to be speci-
fied in the order of suspension or removal; but no such removal shall be
made without reasonable notice to the officer complained of, and an oppor-
tunity afforded him to be heard in person, or by counsel, and to present
testimony in his defense. From such order of suspension or removal the
city officer so suspended or removed shall have an appeal of right to the
corporation court of the city of Norfolk, in which court the case shal] be
heard de novo by the judge thereof, in term time or in vacation, whose
decision shall be final; and when a member of the police force or fire
department is suspended he shall have the right of appeal only to the
hoard of control.

$12. In the event of the death, resignation, or removal of the mayor.
or his inability to discharge his duties from some other cause, his place
shall be filled and his duties shall be discharged by the president of the
board of aldermen until another mayor is elected and qualified or until
such inability shall cease.

$13. Within ten days after the death, resignation, or removal of the
mayor, the corporation court of the city shall order a special election.
which shall be held within thirty days after such order is entered, to fill
the unexpired term of such mayor: provided, the unexpired part of said
term remaining after such clection is as much as one year; but where the
unexpired part of said term remaining after such death, resignation, or
removal is less than one vear, the city council in joint session shall fill the
vacancy.,

$14. The corporation court of the city of Norfolk may remove the
mayor of said city from office for malfeasance, misfeasance, or gross neg-
lect of official duty, and such removal shall be deemed a vacation of the
office. All proceedings:against the mayor for the purpose of removing
him from office shall be by order of or motion before said court, after
reasonable notice to him, and with the right of an appeal to the supreme
court of appeals. Such motion for removal from office may be instituted
and prosecuted by the city council in the name of the citv on a resolution
passed by a majority of ¢wo-thirds of the members elected to each branch
thereof, and for the prosecution of such motion the said council shall have
the power to employ counsel and take such other steps as may be proper.

§15. An election for members of the city council shall be held on the
second Tuesday in June, nineteen hundred and six, and biennially there-
after. The common council shall be composed of not less than fourteen
nor more than forty members, and the board of aldermen shall be com-
posed of not less than eight nor more than thirty members. The members
of each branch of said council shall be residents of their respective wards
and qualified voters therein, and shall be elected by the qualified voters
of such wards, and, so far as practicable, each ward shall have equal rep-
resentation in the council and in each branch thereof in proportion to
the population of such ward. The members of each branch of the council
shall be elected for a term of four years, but upon the first-assembling
under this act, on or after September first, nineteen hundred and six, of
each branch of the council, the members of each branch thereof from each
ward shall be divided into two equal classes, to be determined by lot, and
the term of the members of the first class shall be two years, and that of
the members of the second class shall be four years, and thereafter the
terms of all the members of each class shall be four years, except that in
case any ward shall have only one member in each branch of the council,
the member from such ward in the common council shall be a member of
the first class and the member from the said ward in the board of alder-
men shall be in the second class: provided, however, that in case the total
membership of a branch from a ward is uneven, provision may be made
in such division into classes for the assignment of the odd number to one
of such classes: and provided, further, that in case the representation
from any ward in either branch of the council shall be either increased or
decreased from any cause, that branch of the council in which the change
may occur shall, at its first meeting in September after the election of
councilmen after such change, divide all the members so elected at such
election for said branch from such ward, including those members in said
branch from said ward holding over into classes, as hereinbefore provided,
and in case, upon rearranging the said members of the council from said
ward into classes, any member holding over shall fall into the second
class, the term of any such member shall be continued for an additional
term of two years: and provided, further, that in case the boundaries of
all the wards of the city shall at any time be changed as authorized by
law. each branch of the said city council shall, at its first mecting in Sep-
tember after the election of councilmen in accordance with the provision
made for representation caused by such change of boundaries, divide the
members elected to each branch of the said council, as hereinbefore pro-
vided. It shall be the duty of said council to provide by ordinance the
number of members which each branch shall have so that the same shall
not be more than the maximum or less than the minimum number pro-
vided for herein, and to apportion the same among the wards of the said
city according to law.

$16. Each branch of the city council shall elect a president and vice-
president, and the said council, as hereinafter provided, shall elect a clerk,
who shall be the clerk of each branch thereof.
When the president of either branch of the city council shall be absent
from the city, or unable to perform the duties of his office by reason of
sickness or other cause, the vice-president thereof shall perform any and
all the duties required of or intrusted to such president under any pro-
vision of this charter.

When, for any cause, both the president and vice-president of either
branch of the said council shall be absent from any meeting thereof, a
president pro tempore shall be elected by that branch in which such ab-
sence may occur, who shall preside during the absence of the president
and vice-president thereof.

The president, vice-president, or president pro tempore who shall pre-
side when the proceedings of a previous meeting are read, shall sign the
same.

The president of either branch of the city council, or the vice-president
thereof when authorized as above provided to act for the president, shall
have the power at any time to call a meeting of his branch of the said
council, as the case may be; and in the event of the absence, sickness, dis-
ability, or refusal of both the president and vice-president of either branch
of the said council to act in calling a meeting of his branch of the said
council, such branch of said council may be convened by the order in
writing of any three members thereof.

Each branch of the city eouncil shall have authority to adopt such
rules and appoint such other officers and clerks as it may deem proper for
the regulation of its proceedings, and for the convenient transaction of
its business, which officers shall be liable to be removed by each branch.
respectively, each acting for itself in this regard, with power to each
branch, acting for itself, to supply any vacancy which may occur.

A majority of the members of each branch of the city council shall
constitute a quorum of such branch for the transaction of business. No
vote shall be reconsidered or rescinded at a special meeting unless there be
present at such special mecting as large a number of members as were
present when such vote was taken.

Each branch of the city council shall have power to compel the attend-
ance of its members, to punish its members for disorderly behavior, and
by a vote of two-thirds of its members to expel a member for malfeasance
or misfeasance in office.

Each branch of the city council shall keep a journal of its proceedings.
and the meetings shall be open, except when by a recorded vote of two-
thirds of those members of either branch present it shall be declared that
the public welfare requires secrecy of its proceedings.

The city council, or either branch thereof, or any of its committees.
when authorized by said council or branch, the board of control, or any
other board created by this charter or by ordinance under this charter,
may each in any investigation held by them, respectively, within their
respective powers and duties, order the attendance of any person as a
witness and the production by any person of all proper books and papers.
Any person refusing or failing to attend or to testify or to produce such
hooks and papers may he summoned by such investigating body before
the police justice or any officer having the power of a justice of the peace
of the city. and upon failure to give a satisfactory exeuse may be fined
by him not exceeding the sum of one hundred dollars or imprisoned not
exceeding thirty days, such person to have the right of appeal as in cases
of misdemeanor to the corporation court of the city. Such witness may
be sworn by the officer presiding at such investigation, and shall be liable
to prosecution for perjury for any false testimony given at such investi-
gation. There shall be a committee of the city council to be known and
designated as the finance committee. The said committee shall be com-
posed of the vice-president of the common council and two other mem-
hers thereof, and of the vice-president of the board of aldermen and one
other member thereof, and the vice-president of the common council shall
be the chairman of the said committee.

$17. There shall be one city clerk elected by both branches of the city
council in joint session, who shall hold his office for a period of four years
and until his successor shall be elected and shall qualify, unless sooner
removed from office by the city council at its pleasure, except that the
city clerk first elected under this charter shall hold his office during the
term of the present city council, or until his successor shall be duly elected
and shall qualify, and shall be liable to be removed from office as afore-
said.

The city clerk shall be the clerk of cach branch of the city council, and
may appoint, hy and with the consent of the city council, one deputy and
as many assistants as may be provided by ordinance, and the said deputy,
in case of the absence from the city or of the sickness or disability of the
city clerk, may perform any duties which may be imposed upon the city
clerk.

The city clerk shall keep a record of the proceedings of each branch of
the city council at all the sessions thereof, both separate and joint, and
shall himself or by his deputy or assistants attend all said meetings. Ife
shall also be the clerk of all committees of the city council and of such
boards as may be provided by ordinance, and keep himself or by his deputy
or assistants a record of their proceedings.

He shall keep all books and papers which, by the provisions of this act
or by the direction of the city council, or of either branch thereof, are or
shall be required to be kept by or filed with him. He shall be the keeper
of the city seal. He shall make and present to the mayor a transcript of
every ordinance or resolution having the effect of an ordinance passed by
hoth branches of the city council, and keep a record thereof showing the
dates of their passage by the respective branches of the city council and
the date of their presentation to the mayor and of the return thereof to
his office, and when any ordinance after its final passage requires publica-
tion he shall publish the same over his official signature. He shall like-
wise transmit to the auditor and treasurer of the city a transcript of all
ordinances, resolutions, or orders appropriating money or authorizing the
payment of money or the issue of bonds or notes, and to the heads of all
the departments of the city government all ordinances, resolutions, or
orders relating to their respective departments. He shall likewise give
information to parties presenting communications or petitions to the
city council of the final action of the council on such communications or
petitions. He shall also publish such reports as the city council by this
act are repuired to publish, and such other reports or ordinances as the
city council may direct, and in general shall perform such other acts and
duties as the city council, or either branch thereof, shall require of him
by ordinance or otherwise. He shall receive such compensation and shall
give such bond, with security, as may be required of him by ordinance.
$18. Ordinances and resolutions may originate in either branch of the
city council, to be approved or rejected by the other, and may be amended
by either branch with the consent of the other. But when the two
branches cannot agree upon any ordinance or resolution, the same shall
be referred to a committee of conference, to be appointed by each branch.

_ §19. The rights of the city of Norfolk in and to its water front, wharf
property, public landings, wharves, docks, streets, avenues, parks, bridges.
and other public places, and its gas, water, and electric works shal] not be
sold except by an ordinance passed by a recorded affirmative vote of three-
fourths of all the members elected to each branch of the city council, and
under such other restrictions as may be imposed by law; and in case of
the veto by the mayor of such ordinance, it shall require a recorded affirm-
ative vote of three-fourths of all the members elected to each branch of
the said council, had in the manner herein provided for, to pass the same
over the veto. No franchise, lease, or right of any kind to use any such
publie property or any other public property or easement of any descrip-
tion in a manner not permitted to the general public shall be granted
for a longer period than thirty years.

Every grant of a franchise or privilege, and every contract therefor
made or granted by the city, may provide that at the expiration of the
term or period for which it is made or granted, the city, upon the pay-
ment therefor of a fair valuation thereof, to be made in the manner pro-
vided in the grant or contract, may purchase and take over to itself the
plant as well as the property, if any, of the grantee in the streets, avenues.
and other public places, in its entirety, but in no case shall the value of
the franchise of the grantce be considered or taken into account in fixing
such valuation, or such grant and contract may provide that such plant
and property shall become the property of the city without any compen-
sation to the grantce at the expiration of said franchise.

No ordinance granting or amending a franchise shall be introduced
except at a regular meeting, nor be finally passed before the next regular
meeting of the branch of the said council in which it was first introduced.
No ordinance or resolution appropriating money exceeding the sum of one
thousand dollars, imposing or releasing taxes, authorizing the borrowing
of money, granting or amending franchises, authorizing the conveyance
or disposal of any property of the city, or increasing the salary or pay of
an officer or employee of the city, shall be passed by the two branches of
the said council on the same day, neither shall the branch in which such
ordinance or resolution is proposed pass the same on the day of its
introduction, nor shall any such ordinance or resolution be valid unless
at least three days intervene between its passage by the two branches, re-
spectively. Any such ordinance or resolution, or any ordinance or reao-
lution appropriating money exceeding the sum of one hundred dollars
shall require for its passage a vote of a majority of all the members
elected to each branch of the said council in favor of such ordinance or
resolution, and the yeas and nays shall be entered on the journal of each
branch of the said council, respectively.

Every ordinance or resolution having the effect of an ordinance shall,
fhefore it becomes operative, be presented to the mayor. If he approve it
ke shall sign it, but if not, he may return it with his objections in writing
to the clerk of that branch in which it originated, which branch shall
enter the objections at length in its journal and proceed to reconsider it.
If after such consideration two-thirds of all the members elected to such
branch. or three-fourths of all the members elected to such branch in those
cases herein specified as requiring three-fourths, shall agree to pass the
urdinance or resolution, it shall be sent, together with the objections, to
the other branch, by which it shall likewise be considered, and if ap-
proved by two-thirds of all the members elected thereto, or three-fourths
of all the members elected thereto in those cases where three-fourths are
necessary, it shall become operative, notwithstanding the objection of
the mayor. But in all such cases the votes of both branches of the said
council shall be determined by yeas and nays, and the names of the
members voting for and against the ordinance or resolution shall be en-
tered on the journal of each branch.

If any ordinance or resolution shall not be returned by the mayor
within five days, Sundays excepted, after it shall have been presented
to him, it shall become operative in like manner as if he had signed it.
unless his term of office or that of the said council shall expire with said
five days.

The mayor shall have the power to vetg any particular item or items
of an appropriation ordinance or resolution, but the veto shall not affect
any item or items to which he does not object. The item or items ob-
jected to shall not take effect except in the manner provided herein as to
ordinances or resolutions not approved by the mayor.

$20. The city council shall have, subject to the provisions herein con-
tained, the control and management of the fiscal and municipal affairs of
the city, and of all property, real and personal, belonging to the said
city: and may make such ordinances, orders, and by-laws relating to the
same as it shall deem proper and necessary. It shall likewise have
power to make such ordinances, by-laws, orders and regulations as it may
deem desirable to carry out the following powers, which are hereby
vested in it:

First. To establish markets in and for said city; prescribe the times
and places for holding same; provide suitable buildings therefor, and to
enforce such regulations as shall be necessary or proper to prevent huck-
stering, forestalling, and regrating.

Second. To erect or provide, in or near the city, suitable work-houses,
houses of correction or reformation, and houses for the reception and
maintenance of the poor and destitute. It shall possess and exercise
exclusive authority over all persons within the limits of the city, re-
ceiving or entitled to the benefits of the poor laws, and regulate pauper-
ism within the limts of the city; and the said council, through the
agencies it 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 overseers of the poor.
Third. To acquire, build and maintain all public buildings necessary
or proper for said city, and to acquire and maintain such public squares
and parks as in the judgment of the city council may be convenient for
the use of the said city, and to regulate the placing of signs and the use of
bill-boards on or along the streets of said city.

Fourth. To erect within said city a city prison, and such prison may
contain such apartments as shall be necessary for the safe-keeping and
employment of all persons confined therein, and to provide, by ordinance
as the said council may see fit, for the employment, either within or with-
out said prison, of all persons sentenced to confinement in said prison
for violation of the laws of the State of Virginia, or ordinances of the
city of Norfolk.

Fifth. To provide for the acquisition by purchase, lease, condemnation.
or otherwise, of lands, either within or without the city limits for public
parks, water works, gas works, electric light plants, cold storage plants,
heating plants, sewer plants, conduit plants, hospitals, and cemeteries,
and for the construction and maintenance of water works, gas works,
clectric light plants, cold storage plants, heating plants, sewer plants,
and conduit plants, may make such ordinances and regulations for the
government, management, or use thereof, or of either of them. and
collect such rates of charges for the use of such water, gas, electricity. or
of the. cold storage, heating, sewer and conduit plants, within the city
limits as it may deem proper, and for the government, management and
use of the public parks, hospitals and cemeteries, and for the sale of lots
in cemeteries as it may deem proper, and it may open strects, lanes and
public squares of said city for the purpose of carrying into effect the
powers herein vested, and, to the end that full authority be given in the
premises, it may in the name and for the use of said city, do all things
necessary or expedient for the convenient use of any or all of the things
hereby empowered in whatever way the same may be lawfully accom-
plished: provided, however, that for the purposes of public parks, gas
works, electric light plants, cold storage plants, heating plants, sewer
plants, conduit plants, and hospitals, the amount of land to be held by
the city of Norfolk shall not execed one thousand acres: and provided,
further, that in addition to the powers hereinbefore enumerated the city
of Norfolk shall have power to construct suitable works to convey water
into said city from such place or places as it may select: and the said
city ‘may acquire by purchase, gift, lease, or condemnation and hold such
lands and lands covered with water, in the counties of Norfolk and
Princess Anne, or in any other county or counties in this State, as are
expedient either for a supply of water, or for enlarging or improving its
present water supply, or for preventing the pollution of same from im-
pure drainage or otherwise, or for its use for its pumping stations. reser-
voirs, or other works necessary for operating the same: provided, that the
whole area of such lands or lands covered with water shall not at any
one time exceed ten thousand acres, and also such parcels of land each
not exceeding one hundred feet in width in any county or counties in this
State for the purpose of laying its pipes, aqueducts, or other struc-
tures for conveying its water into the city, or to its reservoirs or other
places of supply and distribution, and shal] have the right to erect such
jams or other structures as may be necessary for securing such supply «
onveying the same for use and distribution. It shat: also have tl
rower to take and acquire such materials for construction as are now «
nay hereafter be conferred upon railroads or other internal improveme!
mpanies under the laws of this State, and may hold, use and emplc
ach machinery, boats, apparatus and other appliances as it may dee
proper for supplying the said city with water and for the transactic
1 the business pertaining thereto: provided, however, that in case pa
mly of the land of any person is proposed to be taken by the said cit
the commissioners in assessing the damages may, in their discretio:
vith the consent of the said city, reserve to the owners of the said lar
uch easements or rights in or rights of way over the said land, or suc
wart thereof as they may deem proper, and in such case the said city sha
ake and hold such part in fee subject to such easements, rights, or righ
of way.

The said council is empowered to require all wires and cables carryir
“ectricity to be placed in conduits; to prescribe and establish reasonab
riles and regulations for the construction of such conduits; and to pr
vide for the supervision over all electrical devices and appliances use
in said city.

The said council shall have power to protect from injury by adequa
enalties said works, plants, pipes, fixtures, and land, or anything co.
nected therewith, within or without the limits of said city, and to pr
‘ent the pollution of the water by prohibiting the throwing of filth «
‘fensive matter therein, or its pollution in any other way: and such pr
tibition may be enforced by proper penalties. “Nothing in this sectic
shall be construed to abridge the right or rights now possessed by ar
company or companies to operate its property or extensions in the stree
and public places of the city of Norfolk.”

Sixth. To establish, construct and keep in order, alter or remove lan
ings, wharves, and docks on land belonging to the city, and to lay an
collect a reasonable duty on vessels coming to and using the same, and
rerulate the manner of using other wharves and landings within the co
prate limits, and prescribe the rates of wharfage to be paid by vesse
using the same; to prevent or remove all obstructions in and upon ar
landings, wharves or docks; to deepen and clean the harbor and rive
It may buy or build and maintain such roads and bridges within an
outside of the limits of said city as may be needful and convenient »
reach any suburb, town, or village, or any property of said city lyir
outside of the city limits, and may condemn such lands as may |
necessary for the building and maintaining of such roads and bridge:
and may establish and collect tolls on any such bridge.

Seventh. To close, extend, widen, narrow, lay out, graduate, improv
and otherwise alter streets and public alleys in the said city, and hav
them properly lighted and kept in good order, and it may make or co
struct sewers or ducts through the streets or public grounds of the cit
and through any place or places whatsoever, when it may be deemed |
the said council expedient. The said council may have over any stre
or alley in the city, which has been or may be ceded to the city, like a
thority as over other streets or alleys, and may prevent or remove ar

34
structure, obstruction or encroachment over or under or in a street or
alley, or any sidewalk thereof, and may have shade trees planted along
the said streets.

Eighth. To prevent the cumbering of streets, avenues, walks, public
squares, lanes, alleys, or bridges in any manner whatsoever; to compel
the occupant or owner of buildings or grounds to remove snow, dirt, or
rubbish, from the sidewalks in front thereof.

Ninth. To extinguish and prevent fires, prevent property from being
stolen, and to compel citizens to render assistance to the fire department
in case of need, and to establish, regulate, and control a fire department
for said city; to regulate the size; materials, and construction of build-
ings hereafter erected in such manner as the public safety and conve-
nience may require; to remove, or require to be removed, any building,
structure, or addition thereto, which by reason of dilapidation, defect of
‘structure, or other causes, may have, or shall become, dangerous to life or
property, or which may be erected contrary to law; to establish and desig-
nate from time to time fire limits, within which limits wooden buildings
shall not be constructed, removed, added to, or enlarged, and to direct
that any or all future buildings within such limits shall be constructed
-of stone, natural or artificial, concrete, brick, or iron: provided, however,
that by a vote of two-thirds of all the members of the city council, per-
mission may be granted for storage sheds constructed on pile piers or
‘wharves on the water front, the sides and roofs of which shall be covered
with corrugated iron or other fireproof material.

Tenth. To authorize the laying down of railroad tracks and street car
tracks upon the streets of said city, to be maintained and operated under
such regulations as the said council may prescribe.

Eleventh. To determine and designate the route and grade of any
railroad to be laid in the city, and to restrain and regulate the rate of
speed of locomotives, engines and cars upon the railroads within the said
‘city, both commercial and street, and may wholly exclude such engines
and cars, if it please, provided no contract be thereby violated.

Twelfth. To regulate and prescribe the breadth of tires upon the
wheels of wagons, carts and vehicles of every kind and description used
upon the streets of said city.

Thirteenth. To require any or all articles of commerce or traffic to
‘be gauged, inspected, measured, weighed, or metered.

Fourteenth. To require every merchant, retailer, trader, or dealer in
merchandise or property of any description, which is sold by measure, or
weight, to have such measures and weights sealed, and to be subject to
inspection.

Fifteenth. To provide for, or aid in, support of public free schools,
colleges and libraries, and make appropriations to non-sectarian schools
of manual, industrial, or technical training, and also to any school or
institution of learning owned or exclusively controlled by such city.

Sixteenth. To provide for the preservation of the general health of
the inhabitants of said city, make regulations to secure the same, pre-
vent the introduction or spreading of contagious or infectious diseases,
and prevent and suppress diseases generally; to provide and regulate hos-
pitals within or without the city limits, and to enforce the removal of
‘rsons afflicted with contagious or infectious diseases to hospitals pro-
ded for them; to provide for the appointment and organization of a
ard of health or other board, to have the powers of a board of health
said city, with the authority necessary for the prompt and efficient
‘formance of its duties, with power to invest any or all the officials or
nployees of such department of health with such powers as the police
licers of the city have; to regulate the burial, cremation, or disposition
‘the dead ; to compel the return of births and deaths to be-made to its
-alth department, and the return of all burial permits to such depart-
ent.

Seventeenth. To acquire by purchase, condemnation, or otherwise,
ther within or without the city, lands to be appropriated, improved and
spt in order as places for the interment of the dead, and may charge
yr the use of the grounds in said places of interment, and may regulate
ie same: to prevent the burial of the dead in the city, except in public
urving grounds; to regulate burials in said grounds; to require the
reping and return of bills of mortality by the keepers or owners of all
meteries, and shall have power to acquire by purchase, condemnation,
r otherwise, according to law, such lands and in such quantity as it may
eem proper or necessary for the purpose of burying the dead.

Eighteenth. To establish a quarantine ground within or without the
ity limits, and such quarantine regulations against infectious and con-
izious diseases as the said council may see fit, subject to the laws of the
tate and of the United States.

Nineteenth. To require and compel the abatement and removal of all
uisances within said city, or upon any property owned by said city with-
ut its limits, at the expense of the person or persons causing the same,
r the occupant or the owner of the ground whereon the same may be;
» prevent or regulate slaughter-houses and soap and candle factories
‘ithin said city, or the exercise of any dangerous, offensive, or unhealthy
usiness, trade, or employment therein; to regulate the transportation of
ll articles through the streets of the city; to compel the abatement of
moke and dust; to regulate the location of stables and the manner in
hich they shall be constructed and kept.

Twentieth. If any ground in the said city shall be subject to be cov-
red by stagnant water, or if the owner or occupant thereof shall permit
ny offensive or unwholesome substance to remain or accumulate thereon,
he said council may cause such ground to be filled up, raised, or drained,
r may cause such substance to be covered or removed therefrom, and may
llect the expense of so doing from the said owner or occupant by dis-
ress or sale, in the same manner in which taxes levicd upon real estate
or the benefit of said city are authorized to be collected: provided, that
rasonable notice shall be first given to the said owner or occupant, or his
gent. In case of non-resident owners, who have no agent in said city,
uch notice may be given by publication for not less than ten days in any
ewspaper published in said city, such publication to be at the expense of
uid owner, and the cost thereof to be collected as a part of the expense
ereinbefore provided for.

Twenty-first. To direct the location of all buildings for storing gun-
“wder or other exposive or combustible substances; to regulate or pro-
hibit the sale and use of dynamite, gunpowder, fire-crackers, or fire-works,
kerosene oil, nitro-glycerine, camphene, burning fluid, and all explosive
or combustible materials, the exhibition of fire-works, the discharge of
fire-arms, the use of candles and lights in barns, stables and other build-
ings, the making of bonfires, and the carrying of concealed weapons.

Twenty-second. To prevent the running at large in said city of all
animals and fowls, and to regulate or prohibit the keeping or raising of
the same within said city, and to subject the same to such confiscation.
levies, regulations, and taxes as it may deem proper.

Twenty-third. To prevent the riding or driving of animals at improper
speed; to regulate the speed and manner of use upon the streets of said
city of all animals or vehicles; to prevent the flying of kites, throwing of
stones, or the engaging in any employment or sport in the streets or public
alleys dangerous or annoying to the public, and to prohibit and punish the
abuse of animals.

Twenty-fourth. To restrain and punish drunkards, vagrants, mendi-

cants, and street beggars.

Twenty-fifth. To prevent vice and immorality; to preserve public
peace and good order; to prevent and quell riots, disturbances and dis-
orderly assemblages ; to suppress houses of ill-fame and gaming houses:
to prevent lewd, indecent, or disorderly conduct or exhibitions in the
city, and to expel from the said city persons guilty of such conduct who
shall not have resided therein as much as one year.

Twenty-sixth. To forbid and prevent the selling or other disposition
of liquors or intoxiceting drinks to be drunk in any boat, store, or other
place not duly licensed : “and to forbid the selling or giving to be drunk
any intoxicating liquors to any child or minor; and for violation of anv
<uch ordinance may impose fine or imprisonment in addition to those
prescribed by the laws of the State.

Twenty-seventh. To prevent, prohibit, or regulate the coming into the
city from points either within or beyond the limits of the State of paupers.
persons having no ostensible means of support, or persons who may be
dangerous to the peace or safety of the city; and for this purpose may
require any railroad company, the captain or master of any vessel, or the
owner of any conveyance bringing any such person to or leaving him in
said city to enter into bond, with satisfactory security, that such person
shall not become chargeable to the city within one year from the date of
his arrival, or may compel such company, captain, or master or owner
to take any such person back to the place whence he was brought, and
may compel any such person to leave the city if he has not been in the
city more than ninety days before the order is given.

Twenty-eighth. And the said council shall also have power tu make
such other and additional ordinances as it may deem necessary for the
general welfare of said city; and nothing herein contained shail be con-
strued to deprive said city of any of the powers conferred upon it either
by general or special laws of the State of Virginia, except in so far as the
same may be inconsistent with the provisions of this charter.

$21. When the city council has authority to pass ordinances on any
subject, it may prescribe punishments for a violation thereof, either by
fine not exceeding five hundred dollars or imprisonment not excceding
six months, or both, except where a penalty is herein otherwise provided
for: and may provide that the offender, failing to pay the fine imposed
shall be imprisoned in the city jail for a term not exceeding three
months; and the proceedings under any such ordinance shall be prose-
cuted in the name of and the fines and costs shall accrue to the city of
Norfolk, and in case of any conviction of any person to whom a license
has been granted to do business in the said city either for misconduct or
for a violation of any ordinance regulating the business to be conducted
under said license, the said council may provide for the revocation and
forfeiture of the said license in addition to the above penalties.

The city may maintain a suit to restrain by injunction the violation
of any ordinance, notwithstanding that an ordinance may provide pun-
ishment for its violation.

$22. No ordinance hereafter passed for the violation of which any
punishment is imposed shall take effect until the same shall have been
published for five days in successive issues in one or not exceeding two
of the daily newspapers published in the city of Norfolk: provided, how-
ever, that this requirement shall not apply to an ordinance merely grant-
ing some right or privilege, not otherwise required by law to be published,
nor to an ordinance reordained or amended and reordained in or by a
general compilation or codification of ordinances printed by authority of
the council.

A record or entry made by the city clerk or a copy of such record or
entry duly certified by him shall be prima facie evidence of the terms of
the ordinance and its due publication. °

All laws, regulations, and ordinances of the city council may be read
in evidence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from a copy thereof certified by the city
clerk or from the volume of ordinances printed by authority of the
council,

$23. The city shall not take or damage any private property for streets
or other public purposes without making to the owner or owners thereof
just compensation for the same. But in all cases where the city council
cannot, by agreement, obtain title to the ground necessary for such pur-
poses, it shall be lawful for it to apply to the circuit court of the county
in which the land shall be situated, or to the proper court of the city
having jurisdiction of such matters, if the subject lic within the city, to
condemn the same.

$24. In every case where a street in said city has been or shall be en-
croached upon by any fence, building, or otherwise. the city council may
require the owner or owners, if known, and if unknown, the occupant or
occupants of the premises so encroaching, to remove the same. If such
removal shall not be made within the time ordered by the city council, it
may impose a penalty of five dollars for each and every day that it is
allowed to continue thereafter, and may cause the encroachment to be
removed, and collect from the owner all reasonable charges therefor, with
costa, by the same process by which it is hereinafter empowered to collect
taxes. No encroachment upon any street, however long continued, shall
constitute an adverse possession thereto, or confer any rights upon the
person claiming thereunder, as against said city.
§25. Whenever any street, alley, or lane shall have been opened to and
used as such by the public, for the period of five years, the same shal]
thereby become a street, alley, or lane for all purposes, and the city shall
have the same authority and jurisdiction over and right and interest
therein as it has by law over the streets, alleys, and Janes laid out by it.
And any street or alley reserved in the division or sub-division into lots
of any portion of the territory within the corporate limits of the city by
a plat or plan of record shall be deemed and held to be dedicated to the
public use, and the city council shall have authority, upon the petition of
any person interested therein, to open such street or alley, or any por-
tion of the same. No agreement between or release of interest by the
person owning the lands immediately contiguous to any such alley or
street, whether the same has been opened and used by the public or not,
shall avail or operate to abolish said alley or street, so as to divest the
interest of the public therein, or the authority of the city council over the
same. No property shall be laid out by the owner thereof with streets
or alleys thereon within said city except upon a plan to be approved by
the city council, and the said city shall not be liable for any accidents
which may occur upon any street or alley upon any plan, whether here-
tofore or hereafter laid out, until the said streets and alleys have been
accepted by the city council.

$26. The citv council may impose taxes or local assessments upon the
abutting landowners for making and improving the walkways upon then
existing streets, and improving and paving then existing alleys, and for
cithe? the construction or use of sewers: provided, that the same, when
imposed, shall not be in excess of the peculiar benefits resulting therefrom
to such abutting landowners, and may by general or special ordinances
provide for such taxes or local assessments.

$27. There shall be elected by the qualified voters of the city of Nor-
folk on the Tuesday after the first Monday in November, nineteen hun-
dred and nine, and quadrennially thereafter, the following officers: One
attorney for the Commonwealth, one commissioner of the revenue, one
city treasurer, and one city sergeant, who shall hold their offices for the
term of four years from the first day of January ensuing their election.
and until their successors are duly elected and ‘qualified, unless sooner
removed from office: provided, however, that in case the mode of choosing
or selecting the commissioner of the revenue should be changed by the
general assembly, that officer shall be chosen or selected in the mode so
prescribed.

And there shall be elected by the qualified voters of the said city of
Norfolk on the Tuesday after the first Monday in November, nineteen
hundred and thirteen, and every cight years thereafter, one clerk of the
corporation court of the city of Norfolk, and one clerk of the circuit court
of the said city of Norfolk, whose terms shal] begin and end as is now or
may be prescribed by the general assembly of this State: provided, how-
ever, that such additional clerks of courts for the said city of Norfolk
as the general assembly may hereafter prescribe shall be elected by the
qualified voters of the said city at such time and for such terms as may
be prescribed by the said general assembly.

All other officers, whether required hy law or ordinance, not required
to be elected by the qualified voters of the said city, and all clerks anc
assistants, authorized by this act to be elected by the city council, shal!
be elected by the said council in joint session; and the election or ap-
pointment of all officers, superintendents, chiefs, assistants, heads of de-
partments, or other employees, whose election or appointment must bx
confirmed by the city council, shall in like manner be acted on by the saic¢
council in joint session. Such joint session of the city council shall be
held on the first day of September after each election of members of the
said council, unless that day shall fall on Sunday, in which case it shall
be held on the following Monday, or as soon thereafter as may be prac-
ticable, for the election or confirmation of such officers, superintendents
chiefs, assistants, heads of departments, or other employees, as should
then be elected, or whose election or appointment should then be acted
on, and shall adjourn from day to day, Sundays excepted, until such
election or action on elections or appointments shall have been completed
and a joint session of the said council may be called at any time by the
president of the board of aldermen, or in case of his refusal to call a
joint session or inability from any cause to do so, then under such rules
as may be prescribed by the said city council in joint session, for the
purpose of electing any officer or other person required to be elected by
the city council, or action upon any nomination, whose election or ap-
pointment must be confirmed by the said council, or for any other pur-
pose for which a joint session of the said council is required.

All joint sessions of the city council shall consist of a quorum of each
branch of the said council, for the election or action upon the election or
confirmation of any such officers, superintendents, chiefs, assistants,
heads of departments, or other employees, and the voting in every such
case shal] be viva voce, and any election or confirmation shall require a
majority of all the members present in joint session.

The said city council shall have power to create such offices and pro-
vide for such clerks and assistants as it may deem necessary not incon-
sistent with this act, or the Constitution and laws of this State or of the
United States.

$28. There shall be elected by the city council in the manner herein-
lefore provided, on the first day of September, nineteen hundred and six,
or as soon thereafter as practicable, and quadrennially thereafter, a jus-
tice of the peace, who shall hold the police court, and act as police justice
of the city, and shall have such powers as are now or may hercafter
be conferred on him by law. After the election of the police justice, and
qmadrennially thereafter, there shall be elected by the city council, in the
manner hereinbefore provided, a justice of the peace for each ward of
said city, who shall reside, during his term of office, in the ward for
which he may be elected.

$29. There shall be elected by the city council, in the manner herein-
before provided, at its first meeting in September, nineteen hundred and
six, or as soon thereafter as practicable, and biennially thereafter, one
high constable for the city of Norfolk, who shall hold his office for two
vears and until his successor shall be elected and shall qualify. He shall
qualify in the corporation court of the city of Norfolk, and shall give
‘ond with surety to be approved by the corporation court of said city, in
the penalty of five thousand dollars, payable to the Commonwealth of
Virginia, and conditioned for the faithful performance of his duties, said
bond to be filed in the office of the clerk of said court. He shall perform
such duties, have such powers, and be subject to such penalties as _are
now or may be hereafter prescribed by law in reference to constables.
Said high constable may appoint, with the approval of the city council,
one or more deputies to attend to and execute the duties of his office.
But the surety on the bond of the said high constable shall be equally
liable for the acts of the said deputy or deputies as for those of the
principal. The city council shall have power to remove the high con-
stable or any of his deputies for cause and appoint others in their place.

$30. If any person having been an officer in said city, shall not within
ten days after the expiration of the term of his office or his vacation or
removal therefrom, and upon notification and request of the mayor, or
within such time thereafter as the city council shall allow, deliver over
to the city clerk all the 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 docu-
ments used by any city officer in his office or pertaining thereto, shal] be
‘deemed the property of said city, and the chief officer in charge of said
office shall be responsible therefor.

$31. The city council shall grant and pay to all officers, clerks, and
assistants, elected or appointed under or in pursuance of this act, such
salaries or compensation as the said city council may provide, and shall
also provide for the payment of the salaries of any officers which may be
required by the State law to be paid in whole or in part by the said city:
provided, however, that the compensation of no officer or emplovee.
whether paid in whole or in part by the said city, shall be increased by
the said city during his term of office, or employment, and that this also
shall apply to all officers or employees whose compensation is made up of
fees in whole or in part. All officers elected by the city council and all
officers or employees whose nomination requires the approval of the said
council may be removed from office or discharged from employment at its
pleasure, but this power shall not be construed to interfere with the au-
thority of the mayor to suspend or remove any city officer or employee
as hereinbefore provided, and shall be construed to be concurrent with the
power given under this charter or which may be given by ordinance to
the hoard of control to exercise the right of suspension or removal in
any case,

$32. The city council may, so far as is not inconsistent with the pro-
visions of this act, define the powers, prescribe the duties and compen-
sation, and require and take from any of the city officers bonds with
surety in such penalties as the city council may prescribe, payable to the
said city and conditioned for the faithful performance of the duties of
their respective offices. The sureties on the bond of any such officer shall
he equally liable for the acts of any deputy or deputies of such officer
as for those of such officer himself. All bonds required of any officer
under this charter or by any ordinance shall he with sufficient surety or
sureties, shall be approved by each branch of the city council, entered o1
their records, and shall be filed with the city clerk, unless otherwis
specially provided.

333. The parties to bonds taken in pursuance of the preceding sectio.
shall be subject to the same proceedings on the said bonds for enforcin,
the conditions and terms thereof, by motion or otherwise, before the cor
poration or circuit court of the city of Norfolk, as are now or may here
after be provided in the case of collectors of the county levy and thei
sureties on their bonds for enforcing payment of the county levies.

$34. There shall be elected, as hereinbefore provided, one city treas
urer, who shall hold his office for the term of four years and until hi
successor shall be elected and qualify, unless sooner removed from offic«
but he shall not be eligible for more than two successive terms nor act a
deputy for his immediate successor. He shall give bond with surety in
sum not less than fifty thousand dollars.

The said treasurer, on and after January first, nineteen hundred an
ten, in addition to the duties now imposed on him by law, shall collect al
city taxes, levies, rents, and assessments, and perform all the duties her
tofore performed by the collector of city taxes and levies, and for tha
purpose shall have all the authority now conferred by law or ordinanc
or which may hereafter be conferred by law or ordinance on the collecto
of city taxes and levies.

The said treasurer, on and after the first day of September, ninetee
hundred and six, shall collect all water rents, assessments, and revenue
of the city for the use of water, the same as now collected by the registra
of the water department, and shall also be considered and act as the trea:
urer of the board of control, acting in its capacity as a water board, o
hoard of water commissioners.

It shall be the duty of the said city treasurer to conduct all the pre
ceedings and render all services necessary to perfect the sale and transfe
of real estate in said city where the same shall be sold or advertised fo
sale for the non-payment of any tax or assessment imposed by the cit
ommeil, as hereinafter provided: provided, however, that the city collecto
now in office shall conduct the said proceedings and render the said se1
vices until the termination of his present term of office. The said cit
treasurer shall also perform such other duties, have such powers, and b
liable to euch penalties as are now prescribed or which may hereafter b
arescribed by law or ordinance.

$55. There shall be elected by the qualified voters of the city of Nou
“lk, or appointed as hereinbefore provided, one commissioner of th
revenue, who shall hold his office for the term of four years and until hi
successor shall be elected or appointed and qualify, unless sooner re
moved from office. Should he be elected by the people, he shall b
ineligible for re-election to the office for the next succeeding term. II
shall cive bond with surety in a sum not less than ten thousand dollar:
He shall perform such duties, not inconsistent with the laws of the Stat
in relation to the assessment of property and licenses, as may be require
by the city council for the purpose of levying city taxes and license:
He shall have power to administer such oaths as may be required by th
city council in the assessment of license or other taxes for the city. He
shall make such reports in regard to the said assessment of both property
and licenses, or either, as may be required by the city council, or either
branch thereof, or the finance committee of said council.

$36. In case of a vacancy in the office of city treasurer or commissioner
of the revenue the city council shall elect a qualified person to fill the
office in which the vacancy occurs for the unexpired term.

Tn case of a vacancy in the office of city collector during the term of
the present incumbent, the powers and duties of said officer shall at once
devolve upon the city treasurer.

§37. The city council, in joint session, at its first meeting in Septem-
ber, nineteen hundred and six, or as soon thereafter as practicable, and
quadrennially thereafter, shall elect a city engineer, who shall hold office
for the term of four years from the date of his election, or until his suc-
cessor is duly elected and qualified.

No person shall be eligible as city engineer who is not a citizen of the
State of Virginia, and after an examination by a board of three promi-
nent civil engineers, selected by the city council, has not received a cer-
tificate from the said board that he is a competent civil engineer: pro-
vided, however, that any person who has previously passed such examina-
tion and received such certificate, and has continued to practice the pro-
fession of civil engineer since receiving such certificate, shall be eligible
without further examination.

The city engineer shall give such bond with security and with such
conditions and receive such compensation as the city councils may pre-
scribe. He may appoint, subject to the approval of the city councils, in
joint session, such assistants for such terms and upon such compensation
as shall be prescribed by the city council, and he may appoint such em-
ployees as may be necessary to carry out the duties of his office as re-
quired by this act or any ordinance of the said council: provided, that the
whole expense of administering his office shall not exceed the sum or
sums appropriated therefor: and provided, further, that the city council
shall have the power to discontinue the services of the said assistants and
employees, or any one or more of them, at its pleasure.

During his absence from the city or disability his first assistant shall
perform all the duties of the city engineer, and the acts of the said first
assistant shall be as valid as if performed by the city engineer in person.

The city engineer shall perform such duties as pertain to the civil en-
gineering profession required by the city council or the board of control.
He shall have special charge, subject only to the board of control and
the city council, of all bridges, sewers, and sewerage pumping stations of
the city of Norfolk and of their maintenance, and shall keep himself in-
formed as to the general condition of the public streets, thoroughfares,
and public buildings, and shall have general supervision thereof.

All plans, specifications, estimates, and contracts for the construction
of the foregoing public works, their improvement or repair, shall be
made either under the direction of the city engineer or else be subject to
his approval, and he shall see that the provisions of all contracts, ordi-
nances, or regulations relating thereto, are strictly complied with. He
shall superintend the construction, improvement, and repair of all of the
foregoing public works, and perform any other engineering work that the
board of control or the ordinances of the city may require.

When requested by the city council, or any committee thereof, the
poard of control or the city attorney, the city engineer shall prepare any
plan or report required, or furnish them with copies of any plan or
document in his custody.

He shall keep proper records of all matters, including all maps, draw-
ings, and papers pertaining to his office, and be the custodian thereof,
and shall report to the city council, or to the board of control, from
time to time, such recommendations in matters connected with his de-
partment, as he may deem expedient.

The city engineer shal] also be the city surveyor, and as such his acts
in the matter of surveys, shall be as valid and effectual as if the same
were done by the surveyor of a county. The fees for such services as may
be required of him in the capacity of surveyor shall be collected in ad-
vance by him and turned into the city treasury.

$38. The mayor shall, at the first meeting of the city council in Sep-
tember, nineteen hundred and nine, or as soon thereafter as practicable,
and biennially thereafter, nominate to the said council a city attorney,
who shall be a resident of and practicing attorney in the said city, to
<erve for the term of two years from the first day of January next follow-
ing his said nomination, and upon his election by the said council in joint
session, the person so elected shall serve as such city attorney for the said
term, and until his successor is duly elected, unless sooner removed from
office. In case of any vacancy in the said office from any cause, the city
council shall, upon the nomination by the mayor, fill such vacancy for the
unexpired term. The city attorney shall be the legal adviser and repre-
sentative of the city during his term, and shall perform such duties as
may be prescribed by ordinance. He shall receive such compensation and
shall have such assistance as may be provided by ordinance.

£39. The city council may, in the name and for the use of the city,
contract loans or cause to be issued certificates of debt or bonds, but such
Inans, certificates, or bonds shall not be redeemable for a period greater
than thirty-four years: provided, however, that it shall not subscribe to or
become interested in the stock or obligations of any company, association,
or corporation for the purpose of aiding in the construction or mainte-
nance of its work, nor shall the credit of the city, directly or indirectly,
under any device or pretense whatsoever, be granted to or in aid of any
jerson, association, or corporation, and the said council shall not issue
any such certificates of debt or bonds, nor issue any indebtedness in the
name of or for or on account of the city, or increase the said indebtedness
thereof, at any time before January first, nineteen hundred and eleven, to
an arnount greater than twenty per centum of the assessed valuation of the
real estate in the city, subject to taxation, as shown by the last preceding
asseasment for taxes, after which said January first, nineteen hundred
and eleven, said ratio of indebtedness to the assessed valuation, as shown
by the last preceding assessment for taxes, shall be decreased to eighteen
per centum, after which time the limit of said ratio shall be and shall
continue eighteen per centum of the assessed valuation of the real estate
subject to taxation, as shown by the last preceding assessment for taxes
provided, however, that at all times in determining the limitation of th:
power of the city to incur indebtedness there shall not be included th:
classes of indebtedness mentioned in sub-sections a and b of section on:
hundred and twenty-seven of the Constitution of the State.

$40. For the execution of its powers and duties the city council may
raise annually, by taxes and assessments, in said city, such sums of mone.
as it shall deem necessary to defray the expenses of the same, and in sucli
manner as it shall deem expedient, in accordance with the Constitution
and laws of this State and of the United States: provided, however, that it
shall impose no tax on the bonds of said city.

$41. The city treasurer, as the collector of city taxes and other assess-
ments, shall be vested with any or all the powers which are now or max
hereafter be vested in him as collector of State taxes, and the city council
may, in the name of the city, proceed against him for any failure to per-
form his duties; and the city council is authorized and empowered to ap-
point for the city of Norfolk, from time to time, a collector of delinquent
taxes, whether head tax or on personal or real estate, who shall have all
the powers for collecting the same which are now or may be hereafter
vested in the treasurer of the city of Norfolk for the collection of State
taxes. The said council may fix his duties, powers, compensation, and
term of office, a single term, however, not to exceed two years, and may
determine by ordinance what delinquent taxes shall be collected by the
said treasurer, and what by the collector of delinquent taxes, and it mav
prescribe the mode of proceeding of the collector of delinquent taxes, the
mode of proceeding against him for failure to perform his duties, and
require of him such bond as it may deem proper.

§42. All goods and chattels of any person against whom taxes for the
city are assessed may be distrained and sold for said taxes when due and
unpaid in the same manner and to the same extent that goods and chat-
tels may be distrained and sold for State taxes.

§43. A tenant by whom payment is made or from whom payment is
obtained, by distress or otherwise, of taxes or levies due the city, by a per-
son under whom he holds, shall have credit for the same against such
person out of the rents he may owe him, except when the tenant is bound
to pay such taxes and levies by an express contract with such person.
And where taxes or levies are paid to the city by any fiduciary on anv
estate in his hands or for which he may be liable, such taxes and levies
shall be refunded out of the said estate.

§44. There shall be a lien on all real estate and on each and every in-
terest therein for the city taxes assessed thereon, from the commencement
of the year for which they were assessed, and also for all local assess-
ments which may be made thereon according to law. The city council
may require such real estate in the city delinquent for the non-payment
of taxes or assessments, to be sold for said taxes or assessments, with
interest thereon at the rate of six per centum per annum, and such per-
centage as it may prescribe for charges; such real estate shall be sold and
may be redeemed under the provisions hereinafter made.
$45. The city treasurer, or the city collector until January first, ninc-
teen hundred and ten, shall at the May session of the city council each
rear, or if no session of the said council be held in the month of May, then
at the next session of the council thereafter, make a report to the said
council of all the real estate in the city delinquent for city taxes assessed
thereon for two years from the date when said taxes became.a lien on said
-eal estate, and the said council shall approve, or amend and approve, the
said list and give the treasurer, or the city collector, as the case may be,
due credit for the amount of delinquent taxes on the list as approved ; and
thereupon the said treasurer, or the city collector, as the case may be,
shall, under the direction of the city council, make sale to the highest
bidder of the said several parcels of real estate so returned and approved
delinquent, or so much thereof as may be necessary for the taxes assessed
thereon, with the interest thereon and such percentage as it may prescribe
for charges, unless the same shall have been previously paid, at the front
door of the courthouse of said city, on the first Tuesday in September,
unless otherwise specially directed by the council, after having published
a notice of the time and place of such sale in one or more of the daily
newspapers published in the said city for at least ten days previous to
such sale, and also in one or more of said daily newspapers, on some day
not more than twenty days previous to such sale, a list of the several
parcels of real estate to be sold, describing therein each parcel of said
real estate as it is described on the assessment rolls of the year for which
it is delinquent. together with the name of the person to whom each parcel
is assessed, and the amount of the tax or assessment thereon, interest and
charges: provided, however, that such real estate as may already have
heen sold at any delinquent tax sale under this charter and shall have
heen purchased at such sale by the city, and shall not have been re-
ieemed, shall not be sold at such sale. Such sale may be adjourned from
day to day until completed.

$46. On such sale the city treasurer shall execute to the purchaser a
certificate of sale, in which the property purchased shall be described and
the aggregate amount of tax or assessment with charges and expenses
specified : provided, however, that until the termination of his office the
city collector shall execute such certificate of sale; but neither the city
treasurer nor the city collector shall for himself, either directly or in-
directly, purchase any real estate so sold.

$47. If at any such sale no bid shall be made for any parcel of land
offered for sale equal to the tax or assessment, with the interest and
charges thereon, then the same shall be struck off to the city and the
city treasurer or the city collector, as the case may be, shall execute to
the city a certificate of sale, as hereinbefore provided in the case of any
other purchaser, and shall deposit such certificate with the city clerk.

$48. The owner of any real estate so sold, his heirs or assigns, or any
person having a lien upon or right to charge such real estate for debt, or
any person having any interest whatever in said real estate, may redeem
the same by paying to the purchaser, his heirs or assigns, within two
years from the sale thereof, the amount for which the same was sold,
and such additional taxes thereon as may have been paid by the pur-
chaser, his heirs or assigns; or, if purchased by the city, such additiona’
sums as would have accrued for taxes thereon, if the same had not beer
purchased by the city, with interest in either event on the said purchase
money and taxes at the rate of six per centum per annum, from the time
that the same may have been so paid, or become due, or the same may be
paid within the said two years, to the city treasurer, in any case in which
the purchaser, his heirs, or assigns, may refuse to receive the same, or
may not reside, or cannot be found in the city of Norfolk.

§49. Any person under legal disability whose real estate may have
been so sold, or his heirs, may redeem the same by paying to the parr-
chaser, his heirs, or assigns, or to the city if it become the purchaser.
within two years after the removal of the disability, the amount for which
the same was sold, with the necessary charges incurred by the purchaser,
his heirs, or assigns, in obtaining the title under the sale and such addi-
tional taxes on the said real estate as may have been paid by the pur-
chaser, his heirs or assigns, or assessed, if the city become the purchaser,
with interest thereon at the rate of six per centum per annum, from the
time the same may have been paid or become due, and the actual value
of any improvements that may have been made thereon. Upon such
payment within two years after the removal of such disability the pur-
chaser, his heirs, or assigns, shall, at the cost of the original owner, his
heirs, or assigns, convey to him or them by deed with special warranty
the real estate so sold.

§50. The purchaser of real estate sold for taxes and not redeemed,
shall, after the expiration of two years from the sale, obtain from the
city treasurer a deed conveying the same, wherein shall be set forth what
appears of record in his office in relation to the sale. When the pur-
chaser has assigned the benefit of his purchase the deed may, with his
assent, evidenced by his joining therein or by a writing annexed thereto.
to be executed to his assignee. If the purchaser shall have died, his heirs.
or assigns may move the corporation court of said city to order the treas-
urer to execute a deed to them.

§51. When the purchaser of any real estate sold for taxes, his heirs.
or assigns, shall have obtained a deed therefor, and within sixty days from
the date of such deed, shall have caused the same to be recorded, such -
reai estate shall stand vested in the grantee in such deed in fee, notwith-
standing any irregularity in the proceedings under which the said grantee
claims title, unless such irregularity appears on the face of the proceed-
ings: provided, however, that if the taxes for the non-payment of which
the same was made were not in arrear, and such fact be proved by the
party entitled to such real estate alleging the same, such deed shall be
void.

$52. In case any real estate purchased by the city, as hereinbefore pro-
vided, shall not be redeemed within the time specified, the city treasurer
shall, within sixty days after the expiration of two years from the sale,
cause to be recorded in the clerk’s office of the corporation court of the
city of Norfolk a list of all the real estate purchased by the city at such
sale, according to the facts given in each certificate of sale, aa hereinbe-

fore provided, and make oath thereto that the said list is correct, and that
the real estate therein mentioned has not been redeemed, and thereupon
the said city shall acquire an absolute title in fee to all the real estate men-
tioned in said list as fully and completely as if a deed had been made to
the city for each parcel of real estate mentioned in said list, as is required
and provided in the case of any purchaser other than the city. The said
list. with the oath thereto, shall be recorded in the said clerk’s office, in the
same manner as is provided for recording deeds and indexed in the name
of each party whose lands were returned delinquent and sold, and a cer-
tified copy thereof shall in all courts and other places be evidence of the
facts therein stated: provided, however, that the failure to obtain or re-
cord such list shall not invalidate the lien of the city for any or all taxes
assessed against such real estate, but the city may, at any time, elect to
enforce its lien for such taxes in a court of equity and in such suit be-
come the purchaser of such real estate: and provided, further, that the
city council may make such rules and regulations by ordinance for re-
conveying any real estate so purchased by the said city to the owner
thereof as may seem proper, or for the release of said real estate to the
owner upon the payment of all taxes in arrear, costs, and charges: and
provided, further, that the city shall have the right to provide by ordi-
nance for the disposition in any way that may seem proper to the city
council of any real estate which may have been purchased by it at any
sale for delinquent taxes, and shall not have been redeemed.

$53. The city council, in joint session, at its first meeting in Septem-
ber. nineteen hundred and six, or as soon thereafter as practicable, and
quadrennially thereafter, shall elect two citizens, frecholders, to hold
their positions for four years from the first day of September in said
year. or until their successors are elected and qualify, who, together with
the chairman of the finance committee of the said council, shall consti-
tute a board of sinking fund commissioners. Whenever a vacancy shall
occur in said board by reason of the death, resignation or otherwise, of
either of the said freeholders, the said city council, in joint session, shall
elect some person, being a citizen and freeholder, to fill such vacancy.

The said board shall be known as the “board of sinking fund commis-
sioners of the city of Norfolk,” and shall receive and hold all the funds
of the said city now or hereafter appropriated by the said city council as a
sinking fund for the purpose of meeting the indebtedness of the said city.
and manage and invest the same and receive the interest or income there-
from, and may at all times, either in its own name, or in the name of
the city of Norfolk, institute and prosecute any suit, at law or in equity,
which in the opinion of said board may be necessary in the management,
preservation or protection of said fund.

The treasurer of the said city shall pay over to the said board all
moneys appropriated to the said fund by any law or ordinance which may
now or hereafter be effective.

All moneys received by the said board shall be invested in registered
bonds either of the United States or of the State of Virginia, or of the
city of Norfolk, in either or all of them, and in such proportions as to
the said board may seem proper, and may also be invested in the floating
or temporary obligations of the said city as the same may be authorized
and issued from time to time, and shall be held by the said board subject
to be appropriated by ordinance of the said city council to the payment
in whole or in part of the debt of the said city: provided, that the funds
received by the said board for the payment of the Norfolk city watcr
bonds, and the accumulations thereof, shall be held solely for the pay-
ment of the said Norfolk city water bonds when and as they shall fall
due: and provided, further, that the said sinking fund, exclusive of that
held for the redemption of the Norfolk city water bonds, shal] not at any
time be reduced below the sum of two hundred thousand dollars by any
appropriations from said fund to the payment of the indebtedness of the
said city so long as there may be any bonded indebtedness of the said
city outstanding for that amount or more.

It shall be the duty of the board to protect the city against any in-
crease of iridebtedness beyond the limit provided by law, and all bonds
of the city hereafter issued, except such bonds as may be issued bevond the
limit, as provided by section one hundred and twenty-seven of the Con-
stitution of the State, shall have upon them a certificate to that effect
signed by all the members of the said board.

Each member of the said board, before entering upon the duties of his
office, shall give bond, payable to the said city for such amount and in
such manner as may be prescribed by the city council, and conditioned
for the faithful performance of the trust reposed in him.

The said board shall annually, during the month of January of each
year, report to the city council all bonds, securities, and moneys in its
hands or under its control, and also at such other times ag may be re-
quired by the city council or either branch thereof, and such accounts
shall be examined and audited as soon thereafter as practicable by an
auditing committee or by such agency or other means as the city council
may direct. The said board shall also report to the treasurer of the city
all investments made by it, and all moneys received by it, and the city
treasurer shall keep an account of the same and report the said account
to the city council annually in January of each year, and when otherwise
required to do so by the city council or either branch thereof.

$54. There shall be a board of control for the said city, to be composed
of three members, who shall be qualified voters of the said city.

At the first election held for members of the city council under this
act there shall be elected from among the qualified voters of the said city
the three members of the board of control, one of whom shall serve for the
term of two years, one for the term of four years, and one for the term
of six years from the first day of September, nineteen hundred and six,
and at each successive biennial election held for members of the city
council there shall be elected one member of said board for the term of
six years from the first day of September next ensuing: and the three
members first elected under this act shall draw lots to determine the
terms of the members so elected.

In case any vacancy should occur in said board by reason of the death,
resignation, or otherwise, of either member of said board elected as
aforesaid, it shall be filled by an election by the city council, in joint
session, of some person who is a qualified voter, until the next election of
members of the city council, when, if the term would not then expire, <
member for the unexpired term caused by such vacancy shall be electec
ov the voters of the said city.

Each of the members of the board of control elected as aforesaid
shall be required to give bond with security, payable to the said city con-
citioned for the faithful performance of his duties as a member of the
said board in such penalty as may be prescribed by the city council, and
said members shall receive such compensation during their terms, re-
spectively, as may be prescribed by the said city council. The compen-
sation of all the members of the said board may be increased or diminished
to take effect at the expiration of the term of any one member, anything
ta the contrary hereinbefore notwithstanding.

The said board of control, subject to such rules and regulations as may
he prescribed by law or ordinance, shall have the management and control
of all the streets and alleys, including sidewalks and all public ways what-
smver: all public bridges, with their foundations, approaches and abut-
ments, all public squares and parks, all the public buildings, all sewers,
drains, and waterways; the water works and plant, all public cemeteries,
markets, almshouses, and crematories. Jt shall also have like control and
management of the police, fire and health departments, and all property
appertaining to the same, and generally to have the control, management
and jurisdiction of the existing departments of the boards of street, sewer,
and drain commissioners, the water commissioners, the police commis-
sioners, the fire commissioners, the board of health, the inspection of
auldings, the board of electrical control, and all works and properties now
ander the direct control of the council committee and all other public
utilities, works and improvements that are now owned or controlled by
he said city and not herein specially enumerated, and such other as may
ve acquired by the said city, and also the gauging, inspection, measuring.
reighing, and metreing of all articles of commerce or traffic, and the
aid board shall have all such powers of a board of health as are now or
nav hereafter be prescribed by law or ordinance.

The management and control which the board of control shall have
ver the several departments and works entrusted to it shall be in accord-
ince with such rules and regulations respecting the same as are in force
then this charter takee effect or as shall thereafter be adopted by the
euncil by ordinance. Such rules and regulations shall define the dutics
2 the officers of the several departments and works and provide for the
rrotection of all the public works and property of the city under the
nanagement and control of the said board against injury and trespass
nd for the protection of the strects, lanes, alleys, wharves, parks, and
ther public property against nuisances, obstructions, and injuries, and
or the summary removal of all nuisances, unlawful obstructions or en-
roachments thereon, and for the punishment of persons or corporations
ommnitting such trespass, injuries, nuisances, obstructions, or encroach-
nents.

The said board of control shall be considered as in session from day to
ay without any regular adjournment, Sundays and legal holidays ex-
epted, and shall keep a record of its remoeriness, which shall at all

is
times be open to public inspection. It shall elect a chairman to serve
«luring its pleasure, and any two members shall constitute a quorum for
business. The city clerk shall be the clerk of the said board for the pur-
pose of keeping its minutes and records, but may act as such either
through his deputy or one of his assistants. The said board shall make
to the city council from time to time such reports as may be required by
the said council, or by either branch thereof. The said board shall an-
nually, not later than the first day of March of each year, make and file
with the city clerk an estimate of the amount required for each depart-
ment under its control for the next fiscal year thereafter, showing also the
improvements contemplated and the probable cost thereof.

It shall be the duty of the said board to see that all contracts made by or
for the city are carried out, and that the conditions and requirements of
all grants and franchises are adhered to.

The said board shall act as board of contract and supply, and it shall
be its dutv to make all contracts for the performance of any work or for
the supply of any materials for the use of any department of the city
under its control in accordance with the ordinances making appropri-
ations therefor, but in making purchases for said departments they shall
always be made by the board under proper requisitions therefor and under
the rules and regulations established by ordinance or by said board not in
conflict therewith, and after a resolution of the board authorizing such
purchase, except in cases of emergency where great loss or damage to the
city would ensue, and when, in such cases, the head of the department
where such emergency exists shall file with the clerk of the board a cer-
tificate approved by the chairman showing such emergency and the
necessity for the expenditure. The said board shall make no contract on
hehalf of the city unless first authorized by the city council by an ordi-
nance or resolution making an appropriation therefor. All contracts for
work or materials shall be let after public bidding, where practicable.
unless otherwise provided by ordinance. Said board shall have power to
reject any or all bids.

When any work done or materials purchased shall have been required
by ordinance to be done or purchased under the approval of the city
engineer or the chief or head of any department, the said board shall
order no bill paid for the same without the approval of the said city
engineer, or the chief or head of such department.

The said board shall have the power to employ such superintendents.
managers, chiefs, or heads of the several departments, and of the works
and properties under its control, and upon such salaries as may be au-
thorized by the city council, except that until the present terms of office
of the street inspector, the clerk of the city market, the superintendent
of the cemeteries, the sealer of weights and measures, the gauger and in-
spector of liquors, the keeper of the almshouse and the health officer shall
expire, the said officers shall perform their respective duties as now pro-
vided or as may hereafter be provided by law, but shall report to and be
subject to the said board of control.

The term of office of any person so employed as superintendent, man-
ager, chief or head of any such department shall be two years from the
date of his appointment and qualification and until his successor is duly
chosen and qualified, unless sooner removed by the city council, or by
the said board, and any such person so employed shall be first nominated
to the city council and approved by the said council in joint session: pro-
vided, that in the nomination of the chief or head of the health depart-
ment, the said board shall, ten days before making such nomination, re-
quest the Norfolk medical society, or other medical association in said
city composed of the greatest number of licensed physicians resident
therein, to nominate a fit person for that office, and upon such nomina-
tion being made by the said medical society, the said board may nominate
the person so nominated, or some other fit person, to the said city
council for approval, or in default of the said medical society making
such nomination, the said board shall make such nomination.

No member of the board of control and no person appointed by the said
board, whether subject to the approval of the city council or otherwise.
shall he a member of the electoral board of said city, or judge of election
in said city.

The said board shall have the power at any time to suspend any super-
intendent, manager, chief or head of any department, or of any works or
property under its control for a period not exceeding thirty days; and after
a hearing upon charges in writing, the said board may remove any such
emplovee or officer, subject to the approval of the city council, and in
case of any such suspension or removal, the said board shall have the
power to fill the vacancy caused by such suspension or removal, until a
successor is duly elected and qualified, and during the suspension or the
removal by the board subject to the approval of the city council, of any
such employee or officer he shall not have the right to exercise the duties
of his employment or office, or to receive any emolument therefrom.

The said board shall have power also to employ such clerk and assist-
ants to the board and upon such salaries as may be authorized by the city
council, to hold their positions at the pleasure of the said board.

All persons so employed, as hereinbefore provided, shall give such bond
with security, as may be required by the city council.

The superintendents, managers, chiefs, and heads of the various de-
partments, works, or propertics under the management and control of the
said board, except as hereinafter provided, shall each employ, with the
approval of the said board, such assistants in their several departments as
may be designated by the city council, and upon such salaries as may be
authorized by the said council, and the superintendent, manager, chief or
head of any of the said departments, works or properties, except as here-
inafter provided, shall employ and discharge all other subordinate em-
plovees in his department or authorized to be employed by him, subject
only to such rules and regulations as may be prescribed by the city council,
or by the said board not in conflict with the ordinances of the said council.

In all cases in the election or appointment of such employees preference
shall be given to persons who are residents and taxpayers of the city.

The board shall have the power at any time to suspend any such assist-
ant for a period not exceeding sixty days, and after hearing, upon charges
in writing, may remove any such assistant, and during such suspension,
such assistant shall not exercise the duties of his employment or office not
receive any emolument therefrom. Any vacancy arising from any sucth
removal shall be filled as hereinbefore provided for the appointment «1
such assistant.

The said board of control shall make all local assessments for any pub-
lic works for which such assessments may be made by law under such
rules and regulations as may be prescribed by the city council by ordi-
nance or otherwise, but any person affected by any such local assessment
may appeal from the decision of the said board, as to any such assessment
against him, to the corporation court of the city.

The said board shall have the right to call upon any administrative of-
ficer of the said city, except the mayor, to attend its meetings and give
such information or services to said board as may be required of him.

All appointments by the board of control or other boards or depart-
ments shall be based upon merit,. fitness, and competency alone, and politi-
cal or religious opinions shal] not be considered in making appointments.
In order to carry this into effect, the council shall, after September first.
nineteen hundred and six. elect a commission of five citizens, who shal]
serve without compensation, to hold office for three years and until their
successors are elected and shall qualify. In electing the said commission
by the council] the cumulative system of voting shall prevail. It shall be
the duty of the said commission to ascertain the fitness and competency
of applicants for all positions, except the heads, superintendents, or chief=
of departments under the city government, under such rules and regula-
tions as shall be determined by the city council by ordinance. and to fur-
nish at all times lists of fit persons, for various positions, as designated
hy such ordinances, and from such lists all appointments shall be made.

It shall be the duty of the council to provide for the proper mainte-
nance of the commission.

$55. The board of control, upon its organization in September, nine-
teen hundred and six, and in September every two years thereafter, shal]
nominate to the city council, one chief of the police, and upon his cen-
firmation by the said council, in joint session, shall by warrant, appoint
such person so nominated and confirmed as the chief of the police for
the term of two vears from the date of his appointment, unless sooner
removed, and until his successor is duly appointed and qualified.

The said chief of the police, upon his appointment and qualitication.
shall select, to be approved by the said board, such captains and sergeants
of the police as may be authorized by the city council, and upon such
approval the said board shall by warrant appoint such captains and ser-
geants for the term of two years from the date of their respective appoint-
ments, unless sooner removed, and until their successors, respectively,
are duly appointed and qualified. .

One of the captains of the police, in the order of his appointment. or
according to his rank, shall act as chief of the police, in case of the sick-
ness, absence from the city, or other disability, of the chief of the
police, and perform all the duties incident to his office, but without addi-
tional compensation.

The said chief of the police shall sclect as many policemen, patrolmen.
or other members of the police foree as may he authorized by the city
rounctl, to be approved by the said board, and upon such approval the
said board shall, by warrant, appoint each of such policemen, patrolmen,
o; other members of the said police force, to serve during the term of his
cood behavior, or until the said board, at its pleasure, shall remove him,
lut in ¢very case of removal the said board shall enter upon its records
the reasons therefor.

The selection and appointment of the policemen, patrolmen, or other
members of the police force, shall be under such rules and regulations for
examination as to fitness and ability as may be prescribed by the city
council,

Each member of the police foree, both rank and file, shall have issued
to htm a warrant of appointment, signed by at least two members of the
hoard of control, and attested by the city clerk, with the seal of the city,
in which the date of his appointment shall be stated. and such warrant
shall be his commission, and the said board of control! shall keep a record
of all its proceedings, relating to the nomination or appointment of all of
its said officers, policemen or other members of said force.

Each member of the said force shall, before entering upon duties of
his office. take and subscribe an oath that he will faithfully, without fear
or favor, perform the duties of his office, and such oath shall be filed with
the city clerk; and in addition the several officers of the said force shall
vive such bond, with security, as may be required by the city council.

The members of the police force shall be chosen and appointed from
among the electors .of the said city, and shall receive such salaries or
mmpensation as shall be determined by the city council.

As soon as the appointments of the police force are made in the manner
hereinbefore provided, then all the members of the said force in service
previous thereto shall immediately vacate their respective offices or posi-
tions, unless reappointed as herein provided.

The said board of control may make the rules and regulations for the
covernment of the officers and other members of the police force, and
may prescribe their respective duties, subject only to the ordinances of
the city council, and to the laws of the State and of the United States:
may prescribe and regulate the time and manner of drill or exercise, and
impose reasonable fines for the breach of any rule or regulation, the said
‘ines to be paid into the city treasury; but this power to impose fines is in
no way to be construed as abridging the power of suspension or removal.

The chief of the police shall have the immediate direction and control
of the said force, subject, however, at all times, to the rules, regulations,
and orders of the said board of control, and through him the said board
af control shall promulgate all orders, rules, and regulations for the gov-
-rnment of the whole force.

The said board of control shall have the power at any time to suspend,
for a period not exceeding thirty days, the chief of the police, for mis-
conduct in office, or neglect of duty, upon charges in writing, a copy of
which shall be furnished the said chief, and after a hearing upon such
charges may remove him from office, subject only to the approval of the
city council, in joint session. During such suspension one of the cap-
tains of the police force, to be designated by the said board of control,
shall perform the duties of the office of chief, and until his successor is
duly elected and qualified, and upon the removal of the said chief from
office, the said board shall nominate his successor, in the manner herein-
before provided, for election by the city council.

The mayor of the city shall also have the power to suspend the said
chief of the police, and remove him from office, for misconduct in office
or neglect of duty, to be specified in the order of suspension or removal,
but no such removal shall be made without reasonable notice to the said
chief and an opportunity afforded him to be heard in person or by
counsel, and to present testimony in his defense. From such order of
suspension or removal the said chief shall have the right of appeal to the
said board of control, and upon such appeal the case shall be heard de
novo, and the decision of the said board shall be final.

The said board of control, the mayor, or the chief of the police, or the
officer acting as chief, shall have the power at any time to suspend, for a
period not exceeding thirty days, any officer or member of the police
force, other than the chief of the police, for misconduct in office or neg-
lect of duty, upon charges, in writing, a copy of which shall be furnished
the person so suspended, and after a hearing upon such charges by the
said board, in case of suspension by the board or the chief of the police,
or officer acting as chief, and by the mayor, in case of suspension hy him.
the said board of control or mayor, as the case may be, may remove the
person so suspended from office: provided, that any officer or member of
the police force, other than the chief, so suspended. or removed by the
mayor, shall have the right of appeal to the said board of control, and
upon such appeal the case shall be heard de novo, and the decision of
the said board shall be final.

No officer or member of the police force so suspended, as hereinbefore
provided, shall exercise the duties of his office during his suspension or
receive the emoluments thereof.

In times of exigency the said board of control, or any one of them, if
the other members of the said board should be absent from the city, or
unable from any cause to act, may, by and with the consent or upon the
application of the mayor of the city, in writing, appoint temporarily,
without previous authority from the city council, a suitable number of
additional policemen for such time as shall appear necessary, not however
to extend beyond the time of the next meeting of the city council.

856. The officers and privates constituting the police force of the city
of Norfolk shall be, and they are hereby, invested with all the power and
authority which now belong to the office of constable at common law in
taking cognizance of and in enforcing the criminal laws of the State and
the ordinances and regulations of the said city, and it shall be the duty
of each and-every one of such policemen to use his best endeavors to pre-
vent the commission within the said city of offenses against the laws of
said State and against the ordinances and regulations of said city: to
observe and enforce all such laws, ordinances.and regulations; to detect
and arrest offenders against the same; to preserve the good order of the
said city, and to secure the inhabitants thereof from violence and the
property therein from injury.
Such policemen shall have no power or authority in civil matters, bu
he shall in all other cases execute such warrant or summons as may bi
placed in his hands by any justice of the peace for said city, and shal
inake due return thereof.

Such policeman shall not receive any fee or other compensation out 0:
‘he treasury of the State or the said city for any services rendered unde
the provisions of this act other than the salary paid him by the city; no
shall he receive a fee as a witness in any case arising under the crimina
laws of the said State, or under the ordinances or regulations of the saic
city. If, however, it shall become necessary or expedient for him t
travel beyond the limits of the said city in his capacity as a policeman 0}
us a witness, he shall be entitled to his actual expenses, to be allowed anc
paid as is now provided by law for other expenses in criminal cases.

Nothing contained herein shall be construed as prohibiting a police
man from claiming and receiving any reward which may be offered fo:
the arrest and detention of any offender against the criminal laws of thi:
or any other State or nation.

$57. The said board of control shall prescribe the uniforms and badge:
for the members of the police force, and direct the manner in which the
members of the said force shall be armed. And any person, other than :
member of the said force who shall wear such uniform or badge, as ma}
he prescribed as aforesaid, may be subjected to such fine or imprisonment
or both, as may be prescribed by the city council by ordinance.

858. The board of control, upon its organization in September, nine.
teen hundred and six, and in September every two years thereafter, shal.
nominate to the city council one chief of the fire department, and upor
his confirmation by the said council, in joint session, shall by warrant
appoint such person so nominated and confirmed as the chief of the fire
department for the term of two years from the date of his appointment
unless sooner removed, and until his successor is duly appointed anc
qualified.

The said chief of the fire department, upon his appointment and quali.
fication, shall select, to be approved by the said board, such assistants a:
may be authorized by the city council, and upon such approval the said
board shall by warrant appoint such assistants for the term of two year:
from the date of their respective appointments, unless sooner removed
and until their successors, respectively, are duly appointed and qualified.

One of the assistants, in the order of his appointment, or according tc
his rank, shall act as chief of the fire department in case of sickness
absence from the city, or other disability of the chief of the fire depart:
ment, and perform all the duties incident to his office, but without addi-
tional compensation.

The said chief of the fire department shall select as many engineers, 01
other members of the fire department, as may be authorized by the city
council, to be approved by the said board, and upon such approval the
said board shall appoint each of such engineers, or other members of his
said fire department, to serve during the term of his good behavior, o1
until the said board, at its pleasure, shall remove him, but in every case
of removal the said board shall enter upon its records the reasons therefor.
The selection and appointment of the engineers, or other members 0:
the fire department, shall be under such rules and regulations for ex
amination as to fitness and ability as may be prescribed by the city
council.

The chief of the fire department and his assistants shall each hav«
issued to him a warrant of appointment signed by at least two member:
of the board of contro] and attested by the city clerk, with the seal of the
said city, in which the date of his appointment shall be stated, and such
warrant shall be his commission, and the said board of control shall
keep a record of all of its proceedings relating to the nomination or
appointment of all of the said officers, engineers, or other members of
the said department.

The members of the fire department shall be chosen and appointed
from among the electors of the said city, and shall receive such salaries or
compensation as shall be determined by the city council.

As soon as the appointments of the members of the fire department are
made by the first board of control in the manner hereinbefore provided,
then all the members of the said department in service previous thereto
shall immediately vacate their respective offices or positions, unless re-
appointed as herein provided.

The said board of control may make the rules and regulations for the
government of the officers and other members of the fire department, and
may prescribe their respective duties, subject only to the ordinances of
the city council and to the laws of the State and of the United States ;
may prescribe the uniform, dress or badge of authority to be worn by
them, respectively; may prescribe and regulate the time and manner of
drill or exercise, and impose reasonable fines for the breach of any rule
or regulation, the said fines to be paid into the city treasury, but this
power to impose fincs is in no way to be construed as abridging the power
of suspension or removal.

The chief of the fire department shall have the immediate direction
and control of the said department, subject, however, at all times to the
rules, regulations, and orders of the said board of control, and through
him the said board of control shall promulgate all orders, rules, and
regulations for the government of the whole department.

The said board of control shall have the power at any time to suspend
for a period not exceeding thirty days, the chief of the fire department,
for misconduct in office or neglect of duty, upon charges in writing, a
copy of which shall be furnished the said chief, and after a hearing upon
such charges may remove him from office, subject only to the approval of
the city council, in joint session. During such suspension one of the
assistants of the said fire department, to be designated by the said board
of control, shall perform the duties of the office of chief, and until his
successor is duly elected and qualified, and upon the removal of the said
chief from office, the said board shall nominate his successor, in the
manner hereinbefore provided, for election by the city council.

The mayor of the city shall also have the power to suspend the said
chief of the fire department and remove him from office, for misconduct
in office or neglect of duty, to be specified in the order of suspension or
removal, but no such removal shall be made without reasonable notice to
the said chief, and an opportunity afforded him to be heard in person or
by counsel, and to present testimony in his defense. From such order of
suspension or removal the said chief shall have the right of appeal to the
said board of control, and upon such appeal the case shall be heard
+ novo, and the decision of the said board shall be final.

The said board of control, the mayor, or the chief of the fire depart-
ment. or the officer acting as chief, shall have the power at any time
to suspend, for a period not exceeding thirty days, any officer or member
of the fire department, other than the chief thereof, for misconduct in
othce or neglect of duty, upon charges in writing, a copy of which shall
lx: furnished the person so suspended, and after a hearing upon such
charges by the said board, in case of suspension by the board, or the chief
of the fire department, or the officer acting as chief, and by the mayor, in
case of suspension by him, the said board of control, or mayor, as the
case may be, may remove the person so suspended from office: provided.
that the officer or member of the fire department, other than the chicf, so
suspended or removed by the mayor, shall have the right of appeal to the
said board of control, and upon such appeal the case shall be heard de
nove, and the decision of the said board shall be final.

No officer or member of the fire department so suspended, as herein-
hefare provided, shall exercise the duties of his office or employment
during his suspension, or receive the emoluments thereof.

The chief of the fire department and his assistants shall be authorized
ta exercise the powers of police officers while going to, attending or re-
turning from any fire or alarm of fire.

$49. Whenever any building in said city shall be on fire it shall be the
duty of. and lawful for, the chief of the fire department to order and
direct such building or any other building which he may deem hazardous
and likely to communicate fire to other buildings, or any part of such
buildings, to be pulled down or destroyed; and no action shall be main-
tamed against said chief or any person acting under his authority or
against the said city therefor. But any person interested in any such
Imlding so destroyed or injured may, within three months thereafter, ap-
Wy to the city council to assess and pay the damages he has sustained.
At the expiration of the three months, if any such application shall have
been made, in writing, the city council shall either pay the said claimant
such sum as shall be agreed upon by it and the said claimant, for such
damages. or if no such agreement shall be effected, shall proceed to as-
certain the amount of damages‘in the same manner as is now provided or
nav hereafter be provided for the taking of land for public purposes.

$60, The commissioners appointed to “ascertain and assess the damages
incurred by the said claimant, by the pulling down or destruction “of
such building, or any part thereof, by the direction of the said officer of
the city, as provided above, shall take into account the probability of the
same having heen destroved, or injured by fire, if it had not been so
pulled down or destroved, and may report that no damages should equi-
tally be allowed to such claimant. Whenever a report shall be made and
fnally confirmed in the said proceedings, for appraising and assessing the

Re
damages, a compliance with the terms thereof by the city council shal
be deemed a full satisfaction of all damages of the said claimant.

$61. The city council shall have the authority to establish a board o
commercial and industrial interests of the city of Norfolk, to consist o
two members from the board of aldermen and three members from th
common council, to be appointed by their respective presidents, and thre
citizens, who shall be appointed by the mayor. The term of the sai
board shall be as provided by ordinance.

The said board shall be authorized to examine and take into con
sideration all matters of internal improvements, in existence, or whicl
may be projected from time to time; to look after the commercial, in
dustrial, and manufacturing interests of the city; to watch over and take
care of its connections, means of transportation, and communication
whether bv Jand or water, by telegraph, telephone, or otherwise, with the
rest of the country, and all matters appertaining to rates of freight
traffic, or travel into and out of the city of Norfolk, and to take cogni.
zance of and make such recommendations for the general advancement
and prosperity of the city as may be deemed proper and for the best in-
terests of the said city.

The said board shall make such reports and recommendations to the
city council as will in its opinion best subserve the different interests of
the city of Norfolk, and shall serve without compensation.

The said board shall organize and hold its meetings as may be provided
by ordinance. °

In case of any vacancy in the said board from any cause, it shall be
filled by the appointing power by which the appointment was made.

The city council is authorized to make, from time to time such appre-
priations for the work of said board as it may deem expedient, and to
provide and enforce such ordinances in connection therewith as it mav
think proper.

$62. The city council shall have the authority to establish a commis-
sion of five, to serve without compensation, to be composed of citizens wha
may or may not be members of the city council, to be known as the
“commission on beautifying the city.”

The said commission shall be authorized to look into and consider all
matters pertaining to the beautifying of the city, such as the appearance
and arrangement of streets, parks, buildings, waterways, and trees. It
shall also be its duty to confer with the county authorities and with the
owners of suburban land as to the proper laying out of their property to
conform with such general plans as may be devised by said cominission
and approved by the council.

The said commission shall, from time to time. make to the board of
a or city council such reports and recommendations as it may deem

st.

The council shall have authority, upon the request of said commission,
to employ an expert to assist the said commission in its work.

The said commission shal] organize and hold its meetings as may be
provided for hy ordinance.
In case of any vacancy in said commission from any cause, it shall be
filled by the appointing power by which the appointment was made.

The city council is authorized to make, from time to time, such appro-
priations for the work of said commission as it may deem expedient, and
to make such ordinances in connection therewith as it may deem proper.

§63. The school trustees of the city of Norfolk shall. be a body corpo-
rate under the name and style of “the school board of the city of Nor-
folk,” and shall have all the powers, perform all the duties, and be sub-
ject to all the limitations now provided or which may hereafter be pro-
vided by law in regard to school boards of cities, except that all real
estate with the buildings and improvements thereon, purchased with
money appropriated by the city council, or received from any other
source, for the purpose of public education, shall be the property of the
said city of Norfolk, unless such money so received from any other source
he received on other conditions.

Each school trustee shall, at the time of his election, be a resident of
the school district from which he may be elected, and if any trustee shall,
during the term of his office, remove from the district for which he was
elected, such removal shall vacate his office. Each school trustee shall,
before entering upon the duties of his office, take and subscribe before
some officer authorized to administer oaths, the oaths prescribed for State
officers, and file said oaths in the office of the city clerk. No person in-
eligible under the laws of the State as school trustee shall be elected to
that office.

The school board of the city of Norfolk shall have power, subject to
the approval of the city council, to prescribe the number and boundaries
of the school districts in the said city, and when the school districts are so
prescribed and approved by the city council, the resolution approving the
number and boundaries of the said districts, shall have the force and
effect of an ordinance of the said city. The number and boundaries of
districts shall be reported to the superintendent of public instruction and
recorded in his office, and shall also be recorded in the office of the clerk
of the corporation court of the said city. Until the said city shall have
been divided into school districts, as hereinbefore provided, each ward of
the said city shall constitute a school district.

The cit~ council, in joint session, shall at its first meeting in July,
nineteen hundred and six, or as soon thereafter as practicable, elect three
school trustees for each school district in the said city, one to serve for the
term of one vear, one for the term of two years, and the third for the
wrm of three vears, from the first of August, nineteen hundred and six,
and annually thereafter the said city council, in joint session, shall, at its
first meeting in July, or as soon thereafter as practicable, elect one trus-
te» for each school district in said city, to serve for the term of three
years from the first day of August in said year, the said trustees so elected
to serve until their respective successors are duly elected and qualified.

In case the school districts shall be changed, by redistricting, the school
trustees then in office shall continue in office until the first day of August
following the next election by the city council for school trustees, and the
aid council shall have the power to elect the trustees to meet the require-
ments caused by said redistricting, in the same manner and for the same
terms as hereinbefore first provided, and all the trustees in office on the
said first day of August following such election shall vacate their offices
as soon as their successors are duly elected and qualified. Any vacancy
occurring in the board of school trustees shall be filled by the city council.
in joint session, for the unexpired term. The several school trustees in
office when this charter goes into effect, shall continue in office until the
first day of August, nineteen hundred and six, when their term shall
expire.

$64. All acts in conflict with this act are hereby repealed, but all ac ts
and parts of acts in any way concerning the said corporation and the
rights of the people thereof, or any of them, not inconsistent with this act.
shall be in as full force and effect to all intents and purposes as if this act
had never been passed.

§65. Owing to the fact that a new council under this charter is to be
elected on the second Tuesday in June, nineteen hundred and six, this act
is hereby declared to be an emergency act within the provision of section
fifty-three of the Constitution, and shall be in force from its passage.