Chap. 285.—An ACT to amend and re-enact an act of the general assembly of
Virginia approved March 3, 1900, and in force from its passage, entitled:
An act to provide a new charter for the city of Charlottesville and to repeal
all acts inconsistent therewith, and to repeal all acts or parts of acts incon-
sistent with this act.

Approved March 14, 1908.

§1. Be it enacted by the general assembly of Virginia, That an act
of the general assembly of Virginia, in force March third, nineteen hun-
dred, entitled “an act to provide a new charter for the city of Char-
lottesville, and to repeal all acts inconsistent therewith,” be amended
and re-enacted so as to read as follows:

§2. That so much of the land as lies and is contained within the fol-
lowing boundaries, beginning at the entrance to the Brennan estate
from the Monticello road (the gate nearest. to town); thence north
forty-eight, east one hundred and six poles, crossing the Chesapeake
and Ohio railway, to corner of the yard belonging to (the farm) late
Thomas L. Farish estate, on the road to the woolen mills; thence with
said yard fence, north thirty-three and one-half, east fifty-eight and one-
half poles; thence north twenty-one, west one hundred and seventy-six
and one-half poles, to the northeast corner of B. C. Flannagan’s dwelling
house; thence north seventy-two and one-half, west one hundred and
fourteen poles, to the south bank of the Virginia Midland railway ;
thence along said southern bank, south forty-eight and one-half, west
one hundred poles, and south fifty-eight and one-half, west thirty-five
poles, to the south side of Preston avenue; thence along the
south side of said avenue, north forty-seven and one-half, west thirty-
seven poles, to the southeast corner of John M. White’s lot; thence
leaving the road or avenue, south eighty-seven and one-half, west thirty-
seven and four-tenths poles to the southeast corner of Jesse Seay’s lot;
thence north eighty-two and one-half, west one hundred and forty-eight
poles, to the southeast corner of Mistress Turner’s slaughter-house ;
thence north sixty-nine and one-half, west thirty-four poles. to the lane
leading to the said Mistress Turner’s house; thence with said lane south
twenty-six, west thirty poles, to the Chesapeake and Ohio railway ; thence
east with said railway to the crossing of the University avenue; thence
leaving the railway, south thirteen and one-fourth, west one hundred
and eighteen poles, crossing the Virginia Midland railway, to a corner
in line with the Fife lots; thence south eighty-seven and one-half, east
thirty-six poles, to the southern line of said lots, and along the same
sixty-eight and one-half poles to the southwest corner of Thomas RB.
Bunch’s lot, at the head of R. H. Fife’s ice pond; thence south forty-
three and one-half, east thirty-seven poles, to the corner in branch below
said ice pond; thence south twenty-four and three-fourths, east one
hundred and twenty-seven and one-half poles, to the southwest corner
of James S. Barksdale’s lot on the road to Hartman’s mill; thence
along the northern margin of said road, south sixty-one and three-
fourths, east twenty-three and one-half poles, to the southeast corner
of said Barksdale’s garden;. thence south eighty-one, east seventy-five
poles, to Pollock’s branch; thence with said branch as far as its several
courses will admit, north forty-two and a half, east eighty-five poles,
north seventy-four and a half, east twenty poles, and north forty-five
and a half, east eight poles, to a point on said branch west of J. L. Hay’s
house ; thence south sixty-nine and one-half, east one hundred and eleven
and one-half poles, crossing the Scottsville road (and including the
said Hay’s house) to the place of beginning, shall be, and is hereby,
made the city of Charlottesville; and the inhabitants of the city of Char-
lottesville for all purposes for which towns and cities are incorporated
in this Commonwealth, shall continue to be one body politic in fact
and in name, under the style and denomination of the city of Char-
lottesville, and as such shall have all the rights, immunities, powers
and privileges, and be subject to all the duties and obligations now in-
cumbent and pertaining to said city as a municipal corporation, and by
that name may sue and be sued, and be subject to all the provisions
of the Code of Virginia, except so far as may be herein otherwise pro-
vided. °

§3. The said city shall be divided into wards as now consituted.
but the number of wards may be hereafter increased or diminished and
the boundaries thereof changed by the city council, as authorized by law.

84. The municipal authorities of the said city shall consist of a
mayor, twelve aldermen, a clerk of the corporation court, a Common-
wealth’s attorney, a treasurer, a sergeant, a commissioner of the revenue,
a justice of the peace, a constable, who shall be elected by the qualified
voters of the city of Charlottesville at elections held at the intervals
and on the days prescribed for such elections by the laws of the State.
All persons who are qualified voters of the city of Charlottesville shall
be eligible to any of the said offices. The terms of office of all of said
officers shall begin and continue for such length of time as is prescribed
by the general law: provided, that any one of said officers shall he eligible
to one or more offices to be filled by the council—that is to say, that any
officer elected by tle people may hold the office to which he was elected
as well as one or more offices to which he may be elected or appointed
by the council.

§5. The aldermen of said city (three from each ward) shall constitute
the council of said city, and all the corporate powers of said city shall
be exercised by said council, or under its authority, except when other-
wise provided.

§6. There may be elected by the council of said city from among the
qualified voters of said city, an overseer of the poor, a city engineer, a
street commissioner, a police justice, and such officers and clerks as
said council may deem proper and necessary, and any one or more of
said offices may be held and exercised by the same person. The officers
herein mentioned shall be elected or appointed by the council on the
first day of September, nineteen hundred and eight, or as soon thereafter
as practicable, and biennially thereafter, except when elected to fill a
vacaney (which may be done by the council) in which case the election
shall be for the unexpired term. But no office or offices not specially
provided for in this charter shall be created except by a vote of two-
thirds of all the members elected to the council in regular meeting
assembled.

It may be competent for the council, in order to secure the services of
a suitable person as city engineer or street commissioner, to elect a non-
resident to said offices, but each of said officers shall reside in the city
during his tenure of office.

87. “The mayor, aldermen and other officers elected by the people
shall cach, before entering upon the duties of their offices, take the oath
prescribed for all other officers by the laws of Virginia, and qualify before
the corporation court of said city, or the judge thereof in vacation, and
in the cases of the mayor and the aldermen, a certificate of such oaths
having been taken, shall be filed by them, respectively, with the clerk of
the council, who shall enter the same upon the journal of the council;
but if any or either of said officers shall fail to qualify, as aforesaid, for
ten days after the commencement of the term for which he, or they, were
elected, or shall neglect for a like space of time to give such bond as may
he required of him by the city council, his or their office shall be deemed
vacant.

§8. Whenever, from any cause, a vacancy shall occur in the office of
mayor, aldermen, president or vice-president of the council, the same shall
be filled by the council at its next regular meeting from its own body or
from the qualified electors of said city, and the officer thus elected shall
hold his office for the term for which his predecessor was elected, unless
sooner vacated by death, resignation, removal or from other cause: pro-
vided, that in case of an alderman, he shall be taken from the ward in
which he is a voter. An entry of said election shall be made in the record
book of the council]. If the mayor of said city shall remove from the city
limits, or an alderman shall remove from the ward which he represents,
such removal shall operate to vacate his office.

§9. At its first meeting in September, nineteen hundred and eight,
and biennially thereafter, the council shall elect one of its members to act
as president, who shall preside at its meetings and continue in office two
years. Or if a vacancy occur in the office before the end of his term, such
vacancy shall be filled by the council as provided in section eight.
At the same time the council shall elect one of its members to be a vice-
president, who shall preside at such meetings in the absence of the pres-
ident, and who, when the president shall be absent or unable to perform
the duties of his office, by reason of sickness or other cause, shall perform
any and all duties required of, or entrusted to, the president, and when,
for any cause, both the president and the vice-president shall be absent
from any meeting, a president pro tempore shall be elected by the council,
who shall preside. The president of the council, or the vice-president,
when authorized, as above stated, to act, shall have power at any time to
call a meeting of the council; and in case of absence, sickness, disability
or refusal to act of both the president and the vice-president of the
council, said council may be convened by the order in writing of any
three members of the body, addressed to its clerk.

810. Seven aldermen shall constitute a quorum for the transaction
of business at any meeting of the council.

811. The president, vice-president, or president pro tempore, as the
case may be, shall be entitled to a vote on all questions before the council,
as any other alderman, but in no case shall he be entitled to a second
vote on any question, though it be necessary to break a tie—that is to
say, his office shall not entitle him to a vote.

§12. The council shall have authority to adopt such rules and to
appoint such officers and clerks as it may deem proper for the regulation
of its proceedings, and for the convenient transaction of business, to com-
pel the attendance of absent members, to punish its members for dis-
orderly behavior, and by vote of two-thirds of all the members elected
to the council, expel a member for malfeasance or misfeasance in office.
The council shall keep a-journal of its proceedings, and its meetings
shall be open, except when, by a recorded vote of two-thirds of those
members present, the council shall declare that the public welfare re-
quires secrecy. The council shall also require to be kept by its clerk
a separate book, termed “the general ordinance book,” in which shall
be recorded all ordinances and resolutions of a general and permanent
character, properly indexed and opened to the public inspection. Other
documents or papers in the possession of the clerk of the council which
may affect the interest of the city, shall not, without special order of
the council, its president or vice-president, be exhibited, nor copies thereof
furnished to other persons than the committees or city officials en-
titled thereto.

§13. At each regular meeting of the council the proceedings of the
last regular meeting and ‘all intervening called meetings, shall be read
to the council, and thereupon be corrected, if erroneous, and signed
by the person presiding for the time being.

Upon the call of any member the ayes and noes shall be recorded
in the journal.

$14. The council of the city shall have power within said city to con-
trol and manage the fiscal and municipal affairs of the city and all
property, real and personal, belonging to said city; it shall have power
to provide a revenue for the city, and approximate the same to its
expenses, also to provide the annual assessments of taxable persons and
property in the city, and it may make such ordinances, orders, and by-
laws relating to the foregoing powers of this section as it shall deem
proper and necessary. It shall likewise have power to make such ordi-
nances, by-laws, orders and regulations as it may deem desirable to
carry out the following powers which are hereby vested in it:

First. To close, extend, widen, narrow, lay out, graduate, improve
and otherwise alter streets and public alleys in the said city, and have
them properly lighted and kept in good order, and it may make or con-
struct sewers or ducts through the streets or public grounds of the city,
and through any place, or places whatsoever, when it may be deemed by
the said council expedient. The land included in any street that is
closed shall revert to the abutting owners on either side of the same,
each receiving one-half thereof. ‘That is, the new line of each abutter
shall be the middle of the former street. The said council may have
over any street or alley in the city, which has been, or may be ceded
to the city, like authority as over other streets or alleys, and may pre-
vent or remove any 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.

Second. To prevent the cumbering of the 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.

Third. To extinguish and prevent fires, prevent property from being
stolen, and to compel citizens to render assistance to the fire depart-
ment in case of need, and to establish, regulate and control a fire de-
partment for said city; to regulate the size of, materials, and construction
of buildings hereafter erected, in such manner as the public safety and
convenience 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, danger-
ous to life or property, or which may be erected. contrary to law; to
establish and designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, removed, added to or
enlarged, and to direct that all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick or
iron.

Fourth. 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.

Fifth. To provide for the preservation of the general health of the
inhabitants of said city, make regulations to:secure the same, prevent
the introduction or spreading of contagious or infectious diseases, and
prevent, and suppress disease generally; to provide and regulate hos-
pitals within or without the city limits, and to enforce the removal
of persons afflicted with contagious or infectious diseases, to hospitals
provided for them; to provide for the appointment and organization
of a board of health or other board to have the powers of a board of
health for said city, with the authority necessary for the prompt
and efficient performance of its duties, with power to invest any
or all the officials or employees of such department of health with
such powers as the police officers of the city have; to regulate the
burial, cremation, or disposition of the dead; to compel the return of
births and deaths to be made to its health department, and the return
of all burial permits to such department.
Sixth. To acquire by purchase, condemnation, or otherwise, either
within or without the city, lands to be appropriated, improved and kept
in order as places for the interment of the dead, and may charge for
the use of the grounds in said places of interment, and may regulate
the same; to prevent the burial of the dead in the city, except in public
burying grounds; to regulate burials in said grounds; to require the
keeping and return of bills of mortality by the keepers (or owners) of
all cemeteries, and shall have power to acquire by purchase, condemna-
tion, or otherwise, according to law, such lands, and in such quantity
as it may deem proper or necessary for the purpose of burying the dead.

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

Eighth. To require and compel the abatement and removal of all
nuisances within said city, or upon any property owned by said city,
without its limits, at the expense of the person or persons causing the
same, or the occupant or owner of the ground whereon the same may
be; to prevent and regulate slaughter houses, and soap and candle
factories within said city, or the exercise of any dangerous, offensive
or unhealthy business, trade or employment therein; to regulate the
transportation of all articles through the ‘streets of the city; to compel
the abatement of smoke and dust; to regulate the location of stables,
and the manner in which they shall be constructed and kept.

Ninth. If any ground in the said city shall be subject to be covered
by stagnant water, or if the owner or occupant thereof shall permit any
-offensive or unwholesome substance to remain or accumulate thereon,
the said council may cause such ground to be filled up, raised, or drained,
or may cause such substance to be covered or removed therefrom, and
may collect the expense of so doing from the said owner or occupant by
distress or sale, in the same manner in which taxes levied upon real
estate for the benefit of said city are authorized to be collected: provided,
that reasonable notice shall be first given to the said owner or occupant
or his agent. In case of non-resident owners, who have no agent in said
city, such notice may be given by publication for not less than ten days,
in any newspaper published in said city, such publication to be at the
expense of said owner, and cost thereof to be collected as a part of the
expense hereinbefore provided for.

Tenth. To direct the location of all buildings for storing gunpowder
or other explosive or combustible substances; to regulate or prohibit the
sale and use of dynamite, gunpowder, firecrackers, kerosene oil, nitro-
glycerine, camphene, burning fluid, and all explosive or combustible
materials, the exhibitjon of fireworks, the discharge of firearms, the
use of candles and lights in barns, stables and other buildings, the mak-
ing of bonfires and the carrying of concealed weapons.

Eleventh. To prevent the running at large in said city of all animals
and fowls, and to regulate and 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.

Twelfth. 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 aJl 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.

Thirteenth. To restrain and punish drunkards, vargrants, mendi-
cants and street beggars.

Fourteenth. To prevent vice and immorality; to preserve publi:
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 said city persons guilt? of such conduct who
shall not have resided therein as much as one year.

Fifteenth. To prevent, prohibit or regulate the coming into the city
from points either within or beyond the limits of the State, of paupers
or 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, or the owners 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, or owner, to take any such person back to
the city whence he was brotght, 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.

Sixteenth. And the said council shall also have power to make such
other and additional ordinances as it may deem necessary for the
general welfare of said city; and nothing herein contained shall be
construed 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.

Seventeenth. Said council shall have power to require and take from
the city’s chief of police, treasurer, auditor, commissioner of the reve-
nue, and all other bonded officers, bonds with security and in such penalty
as the council may see fit, which said bonds shall be made payable to
the city by its corporate name, and conditioned for the faithful discharge
of their duties; said bonds shall be entered on the record of the council,
and shall be filed with the clerk of the corporation court of the city.

Eighteenth. Said council shall have power to erect, or authorize or
prohibit the erection of gas works, water works, or electric light works
in or near the city, and to regulate the same.

Nineteenth. To prohibit the pollution of water which may be pro-
vided for the use of the city.

Twentieth. To pass all by-laws, rules and ordinances, not repugnant
to the Constitution and laws of the State, which it may deem necessary
for the good order and government of the city, the management of its
property, the conduct of its affairs, the peace, comfort, convenience,
order, morals, health, and protection of its citizens or their property,
including authority to keep a city police force; and to do such other
things, and pass such other laws as may be necessary or proper to carry
into full effect any power, authority, capacity, or jurisdiction, which is,
or shall be granted to, or vested in said city, or in the council, court or
officers thereof, or which may be necessarily incident to a municipal
corporation; and to enable the authorities of said city more effectually
.to enforce the provisions of this section, and any other powers conferred
upon them by this charter, their jurisdiction, civil and criminal, is
hereby declared to extend one mile beyond the corporate limits of said
city.

§15. Local assessments upon abutting land owners for melting and
improving the sidewalks upon the streets and improving and paving
the alleys, and for either the construction or for the use of sewers, may
be imposed not in excess of the peculiar benefits resulting therefrom
to such abutting land owners. And the same shall be regulated as pre-
scribed by the general law.

816. To carry into effect the powers herein enumerated, and all other
powers conferred upon said city and its council by the laws of Virginia,
said council shall have power to make and pass all proper and needful
orders, by-laws and ordinances not contrary to the Constitution and
laws of said State, and to prescribe reasonable fines and penalties,
including imprisonment in the city jail for a period not exceeding six
months, and for the enforcement of the collection of fines, to impose
imprisonment in the city jail for a period not exceeding ninety days,
which fines, penalties or imprisonment shall be imposed, recovered and
enforced by and under the police justice, or any one of the aldermen of
said city. The city may maintain a suit to restrain by injunction, the
violation of any ordinance, notwithstanding such ordinance may pro-
vide punishment for its violation. And the authorities of said city
may, in accordance with the contract between the council of said city
and the county of Albemarle, continue to use the jail of said county for
any purpose for which the use of a jail may be needed by them, under
the acts of the council or of the State of Virginia: provided, however,
that in all cases where a fine or imprisonment is imposed by the police
justice, any alderman, or by the council, the party or parties so fined
or imprisoned shall have the right of appeal to the corporation court of
said city. All fines imposed for the violation of the city charter, by-
laws, or ordinances, shall be paid into the city treasury.

§17. Each one of the aldermen, and the police justice of said city,
for the time being, are declared to be, and are hereby, constituted con-
servators of the peace within said city, and within one mile from the
corporate limits thereof, and shall have all the powers and authority,
in civil, as well as in criminal cases, as justices of the peace. And the
chief of police and the policemen of the city shall also be conservators
of the peace within the limits aforesaid, and all proper arrests may be
made and warrants of arrest executed by such chief of police and police-
men.

§18. The council shall cause to be made up annually, and entered upon
its journal an accurate estimate of all sums of money which are or may
become lawfully chargeable on said city, and which ought to be paid
in one year; the said council shall order a city levy of so much money as
in its discretion shall be sufficient to meet all just demands against
the corporation.

§19. The levy so made shall be laid on all male persons who are
residents of said city over twenty-one years of age, upon dogs, and upon
all personal and real estate within said city, except such persons, per-
sonal and real estate as are exempt from taxation under the laws of this
State, and also upon all other such subjects within said city as may at the
time be assessed with State taxes: provided, however, that the tax on
real estate and personal property, including choses in action, shall not
exceed ‘in any one year one dollar and twelve and one-half cents on every
hundred dollars value thereof: and provided, also, that lands while
used for agricultural or grazing purposes included in this charter, at
the time they are taxed, shall be assessed for incorporation purposes
at the same rates that the said lands would be assessed for county pur-
poses if outside the corporation limits: and provided, moreover, that
the tax on income shall not exceed the rate of taxation on the same as
fixed by the laws of this State at the time of said levy.

But nothing contained in this section, as hereby amended, shall limit
or restrict the power of the city council to levy such additional taxation
as they may deem necessary for the use and benfit of the city: provided,
such additional taxation shall be authorized and sanctioned by a vote
of the qualified voters of said city, in the mode and manner prescribed
in section twenty-four of this charter; provided further, that the tax
for public free schools shall be in addition to the amount hereinbefore
prescribed (which is for city purposes) and shall be in conformity to and
regulated by the general laws as to taxes for said free schools.

§20. The council may require a license and impose a tax thereon
from merchants, commission merchants, auctioneers, manufacturers,
traders, lawyers, physicians, dentists, brokers, keepers of ordinaries,
hotel keepers, boarding house keepers, keepers of drinking or eating
houses, keepers of livery stables, photographic artists of all kinds, agents
of all kinds (including the agents of insurance companies, whose princi-
pal office is not located in the city), sellers of wines and other liquors,
vendors of quack medicine, public theatrical or other performances or
shows, keepers of billiard tables, ten pin alleys, pistol galleries, hawkers,
peddlers, sample merchants, railroad companies, telegraph companies,
telephone companies, gas companies, electric companies, traction com-
panies of all sorts, atreet railway companies, express companies, insur-
ance companies, and on any other person, firm, corporation or employ-
ment which it may deem proper, whether such person, firm, corporation or
employment be herein specially enumerated or not, and whether any
tax be imposed thereon by the State or not.

And this right to require a license and impose a tax thereon shall
apply to all persons who use the streets of the city for delivery wagons:
provided, that the license tax paid by any merchant to the city of Char-
lottesville shall be in lieu of any tax on a delivery wagon used by him
in said city.

And said council may also grant or refuse license to owners or keepers
of wagons, drays, carts, hacks and other wheeled vehicles kept or em-
ployed in said town for hire or as carriers for the public, and may re-
quire the owners of such wagons, drays, carts, and so forth, using them
in the city, to take out a license therefor, and require taxes to be paid
thereon and subject same to such regulations as they may deem proper.

§21. The revenue from these and other sources shall be collected,
paid over, and accounted for at such times, and to such persons as
the council shall order, and pursuant to such ordinance as now exists or
may hereafter be passed by the council. The treasurer shall be the
custodian of all the funds of the city.

§22. The council shall require the treasurer of the said corporation
to make out a quarterly report of the receipts and expenditures, together
with a balance sheet of said city for the preceding quarter, which report
shall state on what account the expenditures were made, and from what
source, or sources the receipts were derived, which report, when ap-
proved by the council, or in such manner as the council may direct, shall
be published in one or more newspapers of the city on or before the fif-
teenth day of December, March, June, and September of each year.

§23. The council of said city of Charlottesville is hereby authorized
to make and issue the registered or coupon bonds of said corporation.
payable not exceeding forty years after their date, bearing interest at
not more than five per centum per annum, payable semi-annually; said
bonds to be used exclusively in paying off and discharging the principal
and interest of the present bonded debt of the corporation of Charlottes-
ville. The said council shall not be authorized to dispose of such bonds
at less than par value, except by a recorded affirmative vote of three-
fourths of all the members elected to the council. Said registered and
coupon bonds shall be regularly numbered, signed by the mayor, clerk
and treasurer of the city, and recorded in a book kept for that purpose.

§24. The council of the city of Charlottesville shall set apart from
the resources of the city, such proportion of its annual revenue as shall
be equivalent in cash value to at least one-fortieth of the bonded debt
of said city, out of which to pay as they fall due, the bonds of the town
or city of Charlottesville. The fund thus set apart shall be called the
sinking fund, shall be paid in two equal installments on the first of
January and the first of July of each year, to the sinking fund commis-
sioners hereinafter designated, and shall be applied to the payment of the
debt of said town or city, as it shall become due; and if no part of said
debt be due or payable, said fund shall be invested in the bonds or cer-
tificates of debt of said city, or of this State, or the United States, or
of some State of this Union, or any other bonds the sinking fund com-
missioners may deem a safe investment; said fund shall, in the hands
of the treasurer, as to all questions of investment, purchase or sale
within the limitations of this section, be subject to the orders and man-
agement of the mayor, chairman of finance committee of the council,
auditor, treasurer, and president of the common council, who together
shall compose the sinking fund commissioners.

§25. The council of said city may negotiate any loan or loans, for
the purpose or improving the streets, lighting the same, buying necessary
real estate, erecting public buildings, supplying the city with water,
sewerage, and for other purposes; and shall have authority to issue
registered and coupon bonds for the said loan or loans, payable not
more than forty years after the date of said bonds, and said bonds shall
bear interest at a rate not greater than five per centum, payable semi-
annually: provided, that the council shall not negotiate such loans or
loans, and issue bonds therefor, for sums which when added to the debt
of the city then existing, shall cause the total indebtedness of the city
to be greater than eighteen per centum of the assessed valuation of the
real estate of the city subject to taxation, as shown by the last preceding
assessment for taxes: provided, however, that in determining the limi-
tation of the power of the city to incur indebtedness, there shall not
be included the classes of indebtedness mentioned in sub-section a and b
of section one hundred and twenty-seven of the Constitution of the State;
and provided, further, that such bonds are authorized by an ordinance
enacted in accordance with section one hundred and twenty-three of
the Constitution of Virginia, and approved by the affirmative vote of
the majority of the qualified voters of the city, voting upon the question
of their issuance, which majority shall include a majority of the votes
cast by those taxpayers of the city at such election, who pay a tax on
teal or personal property assessed at five hundred dollars or more, to
be ascertained by submission to the qualified voters of the city at the
general election next succeeding the enactment of the ordinance, if prac-
ticable, or if not practicable, at a special election held for that purpose ;
said special election, if one be held, to be ordered by the council, and to
be conducted in accordance with the law of the State of Virginia re-
garding election by the people. But no election touching the question
shall be held until notice thereof has been given by publication for four
successive weeks in one or more newspapers published in said city, and
recorded in a book to be kept for that purpose.

§26. The rights of the city in its gas, water and electric works and
sewer plant, now owned, or hereafter acquired, shall not be sold even
after such action of the council as is prescribed by section ten hundred
and thirty-three-e of the Code of Virginia of nineteen hundred and
four, until and except such sale shall have been approved by a majority
of the qualified voters of the city, voting on the question at a special
election ordered by the council, and subject in other respects to the
provisions of section twenty-five of this charter applicable to a special
election.

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

§28. The officers of said city elected or appointed by the council shall,
during the time they are in office, have all the power and authority of
like officers in the State under its general laws, unless the same be
abridged or restricted by the council.

§29. The mayor or the council may prohibit any theatrical or other
performance, show or exhibition within said city or a mile of its cor-
porate limits, which may be deemed injurious to the morals or good
order of the city or the people of Albemarle county.

§30. The mayor 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, members of the
police and fire departments, whether elected or appointed, in and for
the city, 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 evidence given
by persons so examined shall not be used against them in any criminal
procedings. He shall also have power to suspend such officers and the
members of the police and fire departments, and to remove such officers
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 officer complained of and an opportunity af-
forded him to be heard in person or by counsel, and to present testi-
mony in his defense. From such order of suspension or removal the
city officer so suspended or removed, or the member of the police or fire
department so suspended, shall have an appeal of right to the corporation
court.

Said mayor shall have all other powers and duties which may be con-
ferred upon him by general laws. The corporation court of said
city may remove the mayor of said city from office for malfeasance, mis-
feasance, or gross neglect 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, upon reasonable notice to the party affected thereby,
and with the right to said party of an appeal to the supreme court of
appeals. In the event of the death, resignation or removal of the mayor,
or his inability to discharge his duty from some other cause, his place
shall be filled and his duties shall be discharged by the president of the
council until another mayor is elected and qualified, or until such in-
ability shall cease. A vacancy in the office of mayor shall be filled as
provided for in section eight of this charter.

831. The police justice shall have and possess all the jurisdiction,
and exercise all the powers and authority in all criminal cases of a
justice of the peace for said city, and his jurisdiction shall extend to
within one mile of the corporate limits of the city; but he shall receive
no fees for services as such police justice, but all such fees shall be
covered into the city treasury. He shall also have jurisdiction of and
try all violations of the city ordinances, and inflict such punishment as
may be prescribed for a violation of the same. He shall have authority
to issue his warrant for the arrest of any person or persons violating
any of the ordinances, acts or resolutions of said city; it shall be his
duty especially to see that peace and good order are preserved, and
persons and property are protected in the city; he shall have power to
issue executions for all fines and costs imposed by him, or he may re-
quire the immediate payment thereof, and in default of such payment
he may commit the party in default to the city jail until the fine and
costs be paid, for a period, however, not exceeding ninety days. He
shall hold his court daily except Sundays, at the place prescribed by the
council, and if from any cause he shall be unable to act, he shall appoint
any other justice of the peace, or any of the aldermen of said city, to
discharge the duties of the police justice prescribed herein during such
inability, and who shall be paid for such services by the police justice
at the same rate per diem as such police justice receives. The police
justice shall keep a regular account of all fines, forfeitures, fees and costs
imposed, arising or collected in the administration of his office, which
he shall report monthly to the city treasurer, except that all fines col-
lected for offenses committed against the State, shall go to the literary
fund, as provided by law. The police justice of said city shall be re-
moved as hereinbefore provided, by the mayor upon proof of malfeas-
ance or misfeasance in office. The police justice shall receive a compen-
sation for his services, to be fixed by the council, which shall not be
increased or decreased during the term for which he is elected, but
said compensation shall not be less than two hundred dollars per annum,
or more than six hundred dollars per annum.

§32. The salaries of all officers who receive stated compensation for
their services from the city, shall be fixed by the council.

§33. The council shall fix by ordinance the time for holding its
stated meetings and no business shall be transacted at a special meeting
except that for which it shall have been called, and every call for a
special meeting shall specify the object thereof.

§34. The regulations and restrictions for granting any franchise
in the city shall be such as are provided by the general law as found in
section ten hundred and thirty-three-e and ten hundred and thirty-
three-f of the Code of Virginia of nineteen hundred and four.

§35. All moneys belonging to said city shall be paid over to the
treasurer, and no money shall be by him paid out except as the same
shall have been appropriated and ordered to be paid by the council;
and the said treasurer shall also pay the same upon warrant approved in
such manner as may be prescribed by ordinance of the council.

§36. If the said treasurer shall fail to account for and pay over all
or any moneys that shall come into his hands when thereto required by
the council, it shall be lawful for the council, in the corporate name of
the city, by motion before any court of record having jurisdiction in the
city of Charlottesville, to recover from the treasurer and his sureties,
or their personal representatives, any sum that may be due from said
treasurer to said city or ten days’ notice.

§37. All fines imposed for any violation of any city ordinance or
State law shall be collected by the chief of police; and if said chief of
police shall fail to collect, account for, and pay over all the fines in his
hands for collection, it shall be lawful for the council to recover the
same, so far as the same are accruing to the city, by motion, in the
corporate name of the city, before the corporation court of said city,
against the said chief of police, his sureties on his said bond, or any
or either of them, his or their executors or administrators, on given
ten days’ notice of the same.

§38. The council shall have power to make such ordinances, by-laws,
orders and regulations as they may deem necessary to prevent hogs,
dogs and other animals from running at large in the limits of the city,
and may subject the owners thereof to such fines, regulations and taxes
as the council may deem proper, and may sell said animals at public
auction to enforce the payment of said fines and taxes; and may order
such dogs, as to which taxes are in default, to be killed by a policeman
or constable.

§39. 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 purposes, 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 lie within
the city to condemn the same.

§40. In every case where a street in said city has been or shall be
encroached upon by any fence, building or otherwise, the city council
may require the owner or owners, if known, and if unknown the occu-
pant 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 costs, for which there shall be lien on the premises so encroaching,
which lien may be enforced in a court of equity having jurisdiction of
the subject. No encroachment upon any street, however long continued,
shall constitute an adverse possession thereto, or confer any right upon
the person claiming thereunder as against said city.

§41. All rights, privileges and properties of the city of Charlottesville
heretofore acquired and possessed, owned and enjoyed by any act now
in force, not in conflict with this act, shall continue undiminished and
remain vested in said city under this act; and all laws, ordinances and
resolutions of the corporation of Charlottesville now in force, and not
inconsistent with this act, shall be and continue in full force and effect
in the city of Charlottesville, until regularly repealed by a council elected
as provided under this charter.

§42. The corporation court of the city of Charlottesville shall remain
as it now exists and be held by the city judge at such times as are, or
may be, designated by law, and the jurisdiction of said court shall be
such as is now prescribed: provided, of course, that the power to abolish
said court in accordance with Constitution of the State is in no way
hereby affected. And the city of Charlottesville shall remain a part
and parcel of the same legislative and senatorial districts to which it
now belongs.

§43. That the corporate authorities of said city be, and they are
hereby, authorized and empowered to erect suitable dams and _ reser-
voirs, and to lay suitable pipes to supply said city with an adequate
supply of water, and to establish and construct a sewerage system for
said city; and for such purpose to acquire, either by purchase or by con-
demnation, according to the provisions of the general law for the con-
demnation of lands by incorporated cities, such lands and so much thereof
as may be necessary for the aforesaid purposes.

§44. All elections under this charter shall conform to the general
law of the State in regard to elections by the people.

§45. The property now belonging to the county of Albemarle within
the limits of the city of Charlottesville, shall be within and subject to
the joint jurisdiction of the county and city authorities and officers,
and shall not be subject to taxation by the authorities of either county
or city; and if the county and city aforesaid cannot agree upon the
term of joint occupancy and use of such property in regard to which
settlements may not have already been affected, the right of said city
to such joint occupancy and use being hereby recognized, then the board
of arbitration herein provided for, shall determine the terms of such
joint oceupancy and use, and said board of arbitration shall determine
what rights, if any, the city aforesaid has in all other county property ;
but this is subject to the recognition of the right of the city, as well as
the county (through the district school board or otherwise) in the school
property in Charlottesville school district; and nothing herein contained
shall affect the rights of the inhabitants of said city to participate in
the benefits of the Miller manual labor school in the Samuel Miller
district in said county.

§46. A board of arbitrators composed of three members, one to be
selected by the board of supervisors of Albemarle county, one by the city
council of Charlottesville, and they to choose a third, is hereby estab-
lished, whose duty it shall be to adjust and decide the matters herein-
before submitted to them, and all such other questions as may arise
between said city and county, growing out of the extension of the cor-
poration limits, and the establishment of a city government. The
awards of said arbitrators shall be entered up as the judgments of the city
court or the county circuit court, as the arbitrators may designate.

847. And it is further provided that the same person shall be eligible
to and, if elected, may hold a county office and a city office, if the said
offices be of the same nature, at the same time: provided, such officer
lives within the city limits; and any person otherwise qualified, who
is a resident of the city of Charlottesville, shall be eligible to election
or appointment to any county office of Albemarle county.

§48. All acts and parts of acts inconsistent herewith are hereby
repealed.

§49. Owing to the fact that license taxes have to be adjusted in the
city of Charlottesville on the first day of May, nineteen hundred and
eight, this act is hereby declared to be an emergency act within the pro-
visions of section fifty-three of the Constitution and shall be in force
from its passage.