Chap. 349.—An ACT to amend and re-enact section 1038 of an act entitled chapter
269, an act to amend and re-enact chapter 44 of the Code of Virginia, in rela-
tion to cities and towns, and to repeal sections 1039 and 1040 of the Code of
Virginia, and section 1043 of the Code of Virginia, as amended and re-enacted
by an act approved March 4, 1896, and as attempted to be repealed by an act
approved March 7, 1900, and to repeal an act approved March 7, 1900, en-
titled an act to provide for local assessments in cities and towns, approved May
20, 1903, as amended and re-enacted by an act approved March 15, 1906.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That section
one thousand and thirty-eight of an act entitled chapter two hundred
and sixty-nine, an act to amend and re-enact chapter forty-four of the
Code of Virginia, in relation to cities and towns, and to repeal sections
one thousand and thirty-nine and one thousand and forty of the Code
of Virginia, and section one thousand and forty-three of the Code of
Virginia, as amended and re-enacted by an act approved March fourth,
eighteen hundred and ninety-six, and as attempted to be repealed by
an act approved March seventh, nineteen hundred, and to repeal an act
approved March seventh, nineteen hundred, entitled an act to provide
for local assessments in cities and towns, approved May twentieth, nine-
teen hundred and three, as amended and re-enacted by an act approved
March fifteenth, nineteen hundred and six, be amended and re-enacted
so as to read as follows:

§1038. General and enumerated powers of councils of cities and
towns.—In addition to the powers conferred by other general statutes,
the council of every city and town shall have power to lay off streets,
walks, or alleys; alter, improve, and light the same, and have them
kept in good order; to lay off public grounds and provide all buildings
proper for the city or town; to provide a prison house and work house,
and employ managers, physicians, nurses, and servants for the same,
prescribe regulations for their government and discipline, and for persone
therein; to prescribe the time for holding markets and regulate the
same; to prevent injury or annoyance from anything dangerous, offen-
sive, or unhealthy, and cause any nuisance to be abated; to regulate the
keeping of gunpowder or other combustibles, and provide magazines for
the same; to provide places for the interment of the dead in or near the
city or town; to acquire or otherwise obtain control of or establish, main-
tain, operate, extend and enlarge water works, gas works, electric plants,
and other public utilities within or without the limits of said city or
town; to acquire within or without the limits of the city or town by
purchase, condemnation or otherwise whatever land may be necessary
for acquiring, locating, establishing, maintaining, operating, extending
or enlarging said water works, gas works, electric plants and other
public utilities and the rights of way, rails, pipes, poles, conduits or wires
connected therewith, or any of the fixtures or appurtenances thereof ;
provided, that no city or town shall have the right to acquire by con-
demnation the steam and electric plants, gas and water works, or water
power and the fixtures and appurtenances, or any part thereof, owned
and operated in whole or in part on the eighteenth day of February,
nineteen hundred and eight, by any manufacturing corporation or public
service corporation, for the purpose of acquiring, establishing, main-
taining, operating or enlarging its electric plant or water works; to
prevent the pollution of the water and injuries to water works, for which
purpose their jurisdiction shall extend to five miles above the same; to
make, erect and construct, within or without said city or town, drains,
sewers, and public ducts and to acquire within or without said city or
town by purchase, condemnation or otherwise, so much land as may be
necessary to make, erect, construct, operate and maintain the same; to
make regulations concerning the building of houses in the city or town,
and in their discretion to establish and maintain parks, playgrounds and
boulevards, and cause the same to be laid out, equipped or beautified,
and in particular districts, or along particular streets, to prescribe and
establish building lines, or to require property owners in certain localities
or districts to leave a certain percentage of lots free from buildings, and
to regulate the heighth of buildings; to make regulations for the purpose
of guarding against danger from accidents by fire, and, on the petition
of the owners of not less than two-thirds of the ground included in any
square, to prohibit the erection in such square of any building, or an
addition to any building more than ten feet high, unless the outer walls
thereof be made of brick and mortar, or stone and mortar, and provide
for the removal of any building or addition erected contrary to such
prohibition ; to provide for the weighing or measuring of hay, coal or any
other articles for sale, and regulate the transportation thereof through
the streets; protect the property of the city or town and its inhabitants,
and preserve peace and good order therein. The council of any city or
town may, in their discretion, authorize or require the fire department
thereof to render aid in cases of fire occurring beyond their limits, and
may prescribe the conditions on which such aid may be rendered. For
carrying into effect these and their other powers, they may make ordi-
nances and by-laws, and prescribe fines or other punishment for violation
thereof, keep a city or town guard, appoint a collector of its taxes and
levies, and such other officers as they may deem proper, define their
powers, prescribe their duties and compensation, and take from any of
them a bond, with sureties, in such penalty as to the council may seem
fit, payable to the city or town by its corporate name, and with condi-
tion for the faithful discharge of the said duties. Cities and towns of
this Commonwealth are hereby authorized to make appropriations of
public funds, of personal property, or of any real estate to any charitable
institution or association, located within their respective limits; pro-
vided, such institution or association is not controlled in whole or in
part by any church or sectarian society. But the words “sectarian
society” shall not be construed to mean a non-denominational young
men’s christian association or a non-denominational women’s christian
association. And nothing in this section shall be construed to prohibit
any city from making contracts with anv sectarian institution for the
care of indigent, sick, or injured persons. Provided, that no property
shall be condemned for the purposes specified in this section unless the
necessity therefor shall be shown to exist to the satisfaction of the court
having jurisdiction of the case.

Provided, further, that no property of ay public service corporation,
except lands required for drains, sewers, or public ducts shall be con-
demned except in accordance with clauses fifty-two and fifty-three of
section eleven hundred and five e of Pollard’s Code of nineteen hundred
and four. ,

And provided further, that the provisions of this section shall in no
wise repeal, amend, impair or affect any of the powers, rights and privi-
leges conferred on cities and towns by charter or under the provisions
of the general law.