Chap. 192.—An ACT to provide a new charter for the city of Radford, and
to repeal all other acts or parts of acts in conflict therewith.

Approved March 15, 1910.

1. Be it enacted by the general assembly of Virginia, That the terrf=
tory contained within the limits prescribed and here designated as fol-
lows, Viz:

Beginning at a point where Plum creek empties into New river ;
thence southwardly to intersection of Auburn avenue and Commerce
avenue on lands of South Radford Development Company; thence pass-
ing west of dwelling of M. Gibson; thence due south to the south side
of the old National turnpike, and with the south side of the same to a
point opposite the western boundary line of the Radford West End Land
Company’s property; thence with said boundary line to New river, and
with New river to the beginning, be deemed and taken as the city of
Radford, and the inhabitants of the city of Radford, 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 Radford, and as such shall have, exercise
and enjoy all the rights, powers and privileges and be subject to all the
duties and obligations now incumbent and pertaining to said city as a
municipal corporation, it having been ascertained that there now exists
over five thousand population within the said limits.

2. The corporation court of the city of Radford shall remain as it
now exists, and be held by the corporation 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 the Constitution of the State is in no way
hereby affected. And the city of Radford shall remain a part and parcel
of the same legislative and senatorial districts to which it now belongs.

CHAPTER II.

38. The administration and government of said city shall be vested in
one principal officer, to be styled the mayor; one board to be called the
council of the city of Radford; and in such other boards and officers as
are hereinafter mentioned, or may be provided by the council.

4. The municipal officers of said city shal] consist of a mayor, a
treasurer, twelve councilmen, a clerk of the corporation court, and at-
torney for the Commonwealth, a sergeant, a commissioner of the revenue,
one justice of the peace from each ward, and one constable for said city.

5. The city shall be divided into two wards, as follows, viz: the terri-
tory east of Connelly’s run shall be known as East Ward, and the terri-
tory west of Connelly’s run shall be known as West Ward.

6. The mayor and council of said city shall be elected on the second
Tuesday in June, and their terms of office shall begin on the first day
of September succeeding. All other elective officers provided for by this
act, or hereafter authorized by law, shall be elected on Tuesday after the
first Monday in November, and their terms of office shall begin on the
first day of January succeeding.
?. The mayor and all municipal officers of said city before entering
upon the duties of their respective offices, shall be sworn in accordance
with the laws of the State. If any person elected or appointed to any
office in said city shall neglect to take such oath for thirty days after
receiving notice of his election or appointment, or shall for the like space
of time neglect to give such securities as may be required of him by the
council, he shall be considered as having declined said office, and the
same shall be declared vacant, and such vacancy shall be filled as herein
prescribed.

Cuaprer III.

Mayor.

8. There shall be elected by the qualified voters of the city on the
second Tuesday in June, nineteen hundred and twelve, and every four
years thereafter, one mayor; his salary shall be fixed by the council, and
he shall receive no other compensation whatever, and his salary shall not
be diminished during his term of office.

9. He shall, by virtue of his office, possess all the jurisdiction and
exercise all the power and authority in criminal cases of a justice of the
peace of said city, in addition to the powers hereby given him by virtue
of this act, but he shall receive no fees for his services as such justice of
the peace.

10. It shall be his duty to communicate to the city council annually,
at the beginning of each fiscal year, or oftener if he shall be required by
said council, a general statement of the condition of the city in relation
to its government, finances and improvements, with such recommenda-
tion as he may deem proper.

11. He shall exercise a constant supervision over the conduct of all
subordinate officers, have power and authority to investigate their acts,
have access to all books and documents in their offices, and may examine
said officers and their subordinates on oath. He shall also have power
to suspend or remove such officer for misconduct in office or neglect of
duty, but no such removal shall be made without reasonable notice to
the officer complained of, and an opportunity be afforded him to be
heard in his defense. On the removal or suspension of such an officer,
the mayor shall report the same to the city council, at their next stated
meeting, for their consideration, but in no case shall it be final until
ratified by three-fourths of the whole council.

12. In case of the absence of or inability of the mayor, the president
of the council shall possess the same power, and discharge the municipal
duties of the mayor during such absence or inability.

13. In the event of death, resignation, removal of the mayor, or his
inability to discharge his duties from other causes, 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 inability
shall cease. Within ten days after the death, resignation or removal of
the mayor, the corporation court of the city shall order a special elec-
tion, which shall be held within thirty days after such order is entered,
to fill the unexpired term of mayor: provided, the unexpired part of
euch term remaining after such election is as much as one year.
14. There shall be elected by the qualified voters of each ward of
the city, on the second Tuesday in June, nineteen hundred and ten, six
councilmen (three from each ward) to fill the vacancies then occurring,
who shall serve for a period of four years, and there shall be elected by
the qualified voters of each ward on the second Tuesday in June, nine-
teen hundred and twelve, six councilmen (three from each ward) to fill
the vacancies then occurring, who shall serve for a period of four years,
and each two years thereafter there shall be elected six councilmen
(three from each ward).

15. The council shall elect one of its members to act as president,
who shall preside at its méetings and continue in office two years, unless
elected to fill a vacancy, when the election shall be for the unexpired
term. The council shall also elect one of its members to be vice-presic
dent, who shall preside at such meetings in the absence of the president,
and who, when the president shall be absent from the city or unable to
perform the duties of his office by reason of sickness or other cause, shall
perform any and all duties required or entrusted to such president under
any provision of this charter. 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 during the
absence of the president and vice-president. The president, vic-presi-
dent, or president pro tempore, who shall preside when the proceedings
of a previous meeting are read, shall sign the same.

16. The city council shall by ordinance fix the time and place for
their stated meetings, and no business shall be transacted at a special
meeting but that for which it shall be called.

17%. The city council shall have authority to adopt such rules and
appoint such officers, committees, or clerks, as they may deem proper
for the regulation of their proceedings and for the convenience of busi-
ness, to compel the attendance of absent members, to punish its members
for disorderly behavior, and by a vote of three-fourths of the whole
council to expel a member for malfeasance of or misfeasance in office.
They shall keep a minute book in which their clerk shall note the pro-
ceedings of the council, and shall record said proceedings at large on the
record book, and keep the same properly indexed. The meetings of the
council shall be open to the public, except when the public welfare shall
require secrecy.

18. A majority of the members of the council shall constitute a quo-
rum for the transaction of business, but no ordinance shall be passed or
resolution adopted having for its object the appropriation of money ex-
cept by the concurrence of at least two-thirds of its members. No vote or
question decided at a stated meeting shall be reconsidered at a special
meeting, unless there be at least ten members present and seven of them
concur. All contracts relating to city affairs shall be in writing, signed
and executed in the name of the city, by the officer authorized by reso-
lution or ordinance to make the same, and in cases not otherwise
directed, shall be executed by the mayor. Every contract, involving an
appropriation of money, shall only be payable out of the fund provided
for the purpose, and shall not be inapplicable of the appropriation prop-
erly applicable thereto, and no debt or contract shall be binding upon
the city, unless authorized by law, or by ordinance and an appropria-
tion sufficient to pay the same be previously enacted and made by coun-
cil: provided, that person claiming unauthorized debts or contracts may
recover against the person illegally making the same.

19. The city council shall have, subject to the provisions of this act,
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 make such ordinance and by-laws relating to the same as they shall
deem proper; and they shall likewise have power to make such ordi-
nances, orders, by-laws and regulations as they may deem necessary to
carry out the following powers which are hereby vested in them:

First.—To establish a market or markets in and for said city, and
appoint proper officers therefor, prescribe the time and place for holding
the same; provide suitable buildings and grounds therefor, and to en-
force such regulations as shall be necessary and proper to prevent huck-
stering, forestalling or regrating.

Second.—To erect and provide in or near said city suitable work-
houses, house of correction or reformation, and houses for reception and
maintenance of the poor and destitute; and they shall possess and exer-
cise authority over all persons within the limits of the city receiving or
entitled to the benefit of the poor Jaws; appoint necessary officers and
other person proper to be connected with the aforesaid institutions, and
regulate pauperism within the limits of the city; and the council, through
the agency they shall appoint for the direction and maintenance of the
poor of the city, shall exercise the powers and perform the duties vested
by law in overseers of the poor.

Third.—To erect and keep in order all public buildings, and acquire,
purchase or provide for public buildings, parks, necessary or proper for
said city; to erect within the city a city prison, and such prison shall con-
tain such apartments as shall be necessary for the safekeeping and em-
ployment for persons confined therein.

Fourth.—To establish or enlarge works within or without the limits
of the city for furnishing water and light or either to the inhabitants
of the said city, to persons, firms or other municipalities in the vicinity
thereof; to contract and agree with the owners of any land for the use
and purchase thereof, or have the same condemned according to law, for
the location, extension, or any of the fixtures or appurtenances thereof,
and shall have the power to protect from injury by ordinance prescribing
adequate penalties the said works, pipes, fixtures, and land, or anything
connected therewith, whether within or without the limit of the city.

Fifth.—To close or extend, widen or narrow, lay out, graduate, curb,
and pave, and otherwise improve the streets, sidewalks and public alleys
in said city, and have them kept in good order and properly lighted, and
over any street in the city which has been or may be ceded or conveyed
to the city by proper deed they shall have like power and authority as
over other streets and alleys; they may buy or build bridges in and cul-
verts under said streets, and may prevent or remove any structure, ob-
308 ACTS OF ASSEMBLY.

?
struction, or encroachment over or under, or in any street, sidewalk, or
alley in said city, and may permit shade trees to be planted along said
streets, but no company shall occupy with its works, or any appurte-
nances thereof, the streets, sidewalks, or alleys of the city without the
consent of the council duly entered upon its record. In the meantime
no order shall be made and no injunction shall be awarded by any court
or judge to stay the proceedings of the city in the prosecution of their
works, unless it be manifest that they, their officers, agents, or servants,
are transcending the authority given them by this act, and that interposi-
tion of the court is necessary to prevent that which cannot adequately
be compensated in damages.

Sixth.—To prevent the cumbering of streets, sidewalks, alleys, lanes
or bridges in the city in any manner whatever.

Seventh.—To determine and designate the route and grade of any
railroad to be laid in said city, and to restrain and regulate the rate of
speed of locomotive engines and cars upon the railroad within the said
city.

Eighth.—To make provision for and regulate the weighing of hay,
fodder, oats, shucks, or other long forage. They may also provide for
measuring corn, oats, grain, coal, stone, wood, lumber, boards, potatoes,
and other articles for sale or barter.

Ninth.—To require every merchant, retailer, trader, and dealer of
merchandise or property of any description, which is sold by measure or
weight, to cause their weight and measures to be sealed by the city sealer,
and to be subject to his inspection, and they may impose penalties for
any violation of any such ordinance.

Tenth.—To secure the inhabitants from contagious, infectious, or
other dangerous diseases, and to prevent, by appropriate legal remedy,
all measures affecting or likely to affect the city or the inhabitants
thereof, when the same may originate outside the limits of said city; to
establish, erect, and regulate hospitals, to provide for and enforce thé
removal of patients to said hospitals; to appoint and organize a board
of health for said city, with the authority necessary for the prompt and
efficient performance of its duties.

Eleventh.—To require and compel the abatement and removal of all
nuisance within said city, at the expense of the person or persons caus-
ing the same, or the owner or owners of the ground whereon the same
shall be; to prevent and regulate slaughterhouses, soap and candle fac-
tories, within said city, or the exercise of any dangerous, offensive, or
unhealthy business, trade, or emplovment therein, and to regulate the
transportation of coal and other articles through the strects of said city.

Twelfth.—If any grounds in the said city shall be subject to be cov-
ered with stagnant water, or if the owner or owners, occupier or occupiers
thereof, shall permit any offensive or unwholesome substance to remain
or accumulate therein, the council may cause such grounds to be filled,
raised or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expenses of so doing from the
said owner or owners, occupier or occupiers, or any of them. (except in
cases where such nuisance is caused by the action of the city authorities
or their agents, in which case the city shall pay the expense of abating
the same), by distress and 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 first be given to said
owners or their agents. In case of non-resident owners who have no
agents in said city, such notice may be given by publication for not less
than four weeks in any newspaper in said city: provided, also, that should
the expense of abating such nuisance exceed the sum of ten dollars, the
owner of the premises shall have the right of appeal to the corporation
court.

Thirteenth.—To direct the location of all buildings for storing gun-
powder and other combustible substances and to regulate the sale and
use of gunpowder, fire-crackers, or fire-works, manufactured or prepared
therefrom, kerosene oil, nitro-glycerine, camphene, burning fluid, or
other combustible material; to regulate the exhibition of fire-works, the
discharge of fire-arms, the use of lights and candles in barns, stables and
other buildings, and to restrain the making of bonfires in streets and
yards.

Fourteenth.—To prevent hogs, dogs, and other animals from running
at large in said city, and may subject the same to such confiscations, reg-
ulations, and taxes, as they may deem proper.

Fifteenth.—To prevent the riding or driving of horses or animals at
an improper speed, throwing stones, or the engaging in any employment
of sport on the streets, sidewalks or public alleys, dangerous or annoying
to passengers, and to prohibit and punish the abuse or cruel treatment
of horses or other animals in such city.

Sixteenth.—To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots, disturbances, and disorderly
assemblages ; to suppress house of ill-fame and gambling houses; to pre-
vent and punish lewd, indecent, and disorderly conduct or exhibitions in
said city, and to expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

Seventeenth.—To prevent, forbid, and punish the selling or giving
liquors and intoxicating drinks to be drunk in any public place not duly
licensed, and the selling or giving to be drunk any intoxicating liquors to
any child or minor without the consent in writing of his or her parents
or guardian, and for any violation of any such ordinance, may impose
fines in addition to those prescribed by the laws of the State.

Eighteenth.—To prevent the coming into the city of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the city.

20. Any member of said council being voluntarily absent from its
meetings, consecutively for three months, the seat shall be deemed
vacant, and the unexpired term shall be filled according to law.

21. The city council is empowered to acquire by purchase or other-
wise, such lands as may be necessary for the burial of the dead. The
said council shall also have power to prescribe and enforce all needful
tules and regulations, not inconsistent with the laws of the State, for
the use, protection, preservation, and ornamentation of the cemetery ; to
set aside, in their discretion, by metes and bounds, and a portion thereof,
for the interment of strangers and the indigent poor; to divide the
remainder into burial lots, and sell or lease the same, and to execute all
proper deeds or other writings, in evidence of such sale or lease, and to
prescribe what class and condition the money from such sale or lease of
burial lots shall be invested, used and employed for the use, protection,
preservation, and ornamentation of said cemetery. The cemetery, when
established and inclosed with the property included in it, shall be exempt
from all State, county, and municipal taxation; and the council shall
hold all property, franchises and choses in action of whatever nature,
heretofore acquired by the town of Radford.

22. Where, by the provisions of this act, the council have authority to
pass ordinances on any subject, they may prescribe any penalty not ex-
ceeding five hundred dollars for a violation thereof, and may provide
that the offender, on failure to pay the penalty recoverd, shall be im-
prisoned in the jail of the city for a term not exceeding ninety days,
which penalties may be prosecuted and recovered with costs in the name
of the city of Radford, or shall compel them to work on the streets, or
other public improvements in the said city: provided, that in all cases,
the accused shall have the right of appeal to the corporation court of the
city of Radford.

23. In every case where a street in said city has been or shall be en-
croached upon by any fence, building, or otherwise, the council may re-
quire the owner (if known, or if unknown, the occupant of the premises
encroaching) to remove the same; and if such removal be not made
within the time prescribed by the council, they may impose a penalty of
five dollars for each and every day 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, by the same process
that they are hereinafter empowered to collect taxes. No encroachment
upon any street, however long continued, shall constitute any adverse
possession to or confer any rights upon the persons claiming thereunder
as against the said city.

24. Whenever any street, alley or lane in said city shall have been
open ‘to and used as such by the public for the period of five years, the
game shall hereby become a street, alley or lane, for public purposes, and
the council shall have the same authority and jurisdiction over, and
right and interest therein, as they have by law over the streets, alleys
and lanes laid out by them; and any street or alley reserved in the
division, or subdivision, into lots of any portion of the territory within
the corporate limits of said city, by a plan or plat of record, shall be
deemed and held to be dedicated to public use, unless it appears by said
record that the street or alley so reserved is designed for private use, but
upon a petition of the majority of the persons interested therein, the
council shall have power to open the same for the use of the public. —

25. The city shall not impose any tax or assessment upon abutting
landowners for street or other local improvements, except for making
and improving the walkways upon the existing streets, and improving
and paving then existing alleys, and for either the construction, or for
the use of sewers; and the same, when imposed, shall not be in excess of
the peculiar benefits resulting therefrom to such abutting landowners.
Such improvements shall be ordered by the council, and the cost thereof
be apportioned in pursuance of an agreement between the city and the
abutting landowners, but in the absence of such agreement, no improve-
ment, the cost of which is to be defrayed in part by such local tax or
assessment, shall be ordered, except on a petition from not less than
three-fourts of the landowners to be affected thereby, or by a two-thirds
vote of all the members elected to the council; but, when no petition is
filed, notice shall first be given to abutting landowners not less than ten
days in advance, notifying them when and where they may appear before
the council, or the committee thereof, how the matter may be referred,
to be heard for or against such improvement; but no such notice shall be
necessary when the owner is a non-resident, or is not sui juris. Any
committee to act under this or subsequent provisions of this section, shall
be composed of not less than three members. The cost of such improve-
ment, when the same shall have been ascertained, shall be apportioned
by the council, or under its direction, between the city and the abutting
landowners: provided, that except when it is otherwise agreed, the por-
tion assessed against each landowner, or for which he is liable by agree-
ment, shall be reported forthwith to the city treasurer, who shall enter
the same as provided for other taxes in a separate book, provided and
kept for that purpose. When the apportionment is not fixed by agree-
ment, notice thereof, and of the amount assessed against him, shall be
given each of the then abutting landowners, and he shall be cited thereby
to appear before the council, or the committee thereof having the matter
in charge, not less than fifteen days after the service of such notice, at a
time and place to be designated therein, to show cause, if any he can,
against such assessment. Notice to an infant or insane person may be
eerved on his guardian, or committee, and notice to a non-resident of the
State may be mailed to him at his place of residence, or served on his
agent, if he have one within the State, or if he have no such agent, on
the tenant of the frechold. Any landowner wishing to make objections,
may appear in person or by council, and if he require it, may be entitled
to a hearing before the council. If his objections are overruled, he shall
have appeal as of right to the corporation court of the city. When an
appeal is taken, the clerk of the council shall immediately deliver to the
clerk of the court the original notice relating to said assessment, with the
judgment of the council, or committee, endorsed thereon, and the clerk
shall docket the same. There such appeal shall be tried by the court, or
the judge thereof, in a summary way, without pleading in writing, and
without a jury, in term time or in vacation, after reasonable notice to the
adverse party, and the hearing shall be de novo.

The amount assessed against each landowner, or fixed by agreement
with him, shall be a lien on his abutting land for the time the council
assess or fix the amount thereof, subject, however, to his right of appeal
and objection, as aforesaid, and may be enforced by a suit in equity: and,
provided, that as against a purchaser for value and without notice, such
assessment or tax shall not be a lien except and until it shall have been
reported to the city treasurer and entered by him as hereinbefore pro-
vided.
26. The city conucil shall grant and pay to all city officers, clerks and
assistants, elected and appointed in pursuance of this act, such salaries
or compensation as the said council may, from time to time, deem just
and proper, or shall be fixed by this act.

2%. If any person, having been an officer of said city, shall not,
within ten days after he shall have vacated or been removed from office,
and upon notification and request of the city clerk, or within such time
thereafter as the city council shall allow, deliver over to his successor in
office all property, books and papers belonging to the city, or appertain-
ing 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 documents used in any
such office by virtue of any provision of this act, or of any ordinance or
order of the city council or any superior officer of said city, shall be
deemed the property of said city and appertaining to said officer, and the
chief officer thereof shall be responsible therefor.

CHAPTER V.
City Officers.

28. There shall be one city treasurer, one clerk of the corporation
court, one attorney for the Commonwealth, one sergeant, one commis-
sioner of the revenue, one justice of the peace for each ward, and one
constable for the city.

29. The city council may appoint, in addition to those hereinbefore
provided for, such officers and clerks as they may deem proper and
necessary; and define their powers, and prescribe their duties, and fix
their compensation, and may take from any officer so appointed a bond
with sureties, to be approved by the council, in such penalty as they may
deem proper, payable to the city by its corporate name, with the condi-
tion for the faithful discharge of said duties. All officers appointed by
the council may be removed from office at its pleasure. In case of any
vacancies occurring in any municipal office, where it is not herein other-
wise provided, the city council shall elect a qualified person to fill such
office during the unexpired term.

30. The treasurer shall be elected as hereinbefore provided, on the
Tuesday after the first Monday in November, nineteen hundrd and thir-
teen, and every four years thereafter, and shall hold his office for a term
of four years, but he shall not be eligible for more than two consecutive
terms, nor act as deputy for his immediate successor. He shall qualify
before the corporation court of said city, and his oath shall be filed with
the clerk of said court, and he shall give bond in some surety company,
to be approved by the council in a penalty to be determined by said coun-
cil, but not less than two-thirds of the amount collected in any one year.

31. The said treasurer shall receive all money belonging to the city.
He shall keep his books as treasurer in such manner as the city council
may prescribe; and such books and accounts, show all receipts and ex-
penditures of the city, be kept in his official name and character, separate
and distinct from his individual books, always subject to the inspection
of the mayor and any member of the city council, or any committee
thereof. The treasurer, at the expiration of his term of office, shall de-
liver all money, books and papers in his hands, belonging ie said office, to
his successors in office.

32. No money shall be paid out by the treasurer except upon appro-
priations made by law or on warrant of the clerk of the council, counter-
signed by the president of the council, in pursuance thereof; and he shall.
keep a separate account of each fund and appropriation, and the debits
and credits belonging thereto.

33. All moneys to be paid into the treasury of the city, except taxes
and such other assessments as the city council may so ordain, shall be
paid by the person liable to pay the same, or his agent, to the treasurer
in the following manner: A warrant shall first be obtained from the
clerk of the council directing the treasurer to receive the sum paid,
specifying on what account the payment is to be made. Upon the pay-
ment of the money to the treasurer, he shall give a receipt for the same,
which shall be carried to the clerk, and his receipt therefor shall be the
acquittance of the party making the payment.

34. The treasurer shall report to the city council at the end of each
fiscal year, and oftener if required, a full and detailed account of all re-
ceipts and expenditures during the preceding fiscal year and the state of
the treasury. He shall also keep a register of all warrants, their date,
amount, number and fund from which paid, and the person to whom
paid, specifying also the time of payment; and all such warrants shall
be examined at the time of payment; and al] such warrants shall be
examined at the time of making such report to the city council by a
committee thereof, who shall examine and compare the same with the
books of the clerk, and report discrepancies, if any, to the council.

35. The treasurer shall collect all taxes and assessments which may
be levied by said city, and perform such other duties as may herein be de-
scribed or ordained by the city council.

36. All moneys received on any special assessments sha]l be held by the
treasurer as a special fund, to be applied to the payment for which the
assessment was made, and said money shall be used for no other purpose
whatever.

37. The treasurer shall be required to keep all moneys in his hands
belonging to the city, in such place or places of deposit as the city coun-
cil may by ordinance provide, order, or establish or direct, shall verify
his cash account at least once every three months to the satisfaction of
a committee of council to be appointed for that purpose; such moneys
when received by him shall forthwith be deposited to the credit of the
proper account in the proper place or places of deposit, shall be kept
separate and distinct from his own moneys, on separate accounts and
books, and none shall be withdrawn unless the same shall have pre-
viously been appropriated by councils to the purpose for which it is
drawn. And he is hereby expressly prohibited from using, directly or
indirectly, the corporation money or warrants in his custody or keeping,
for his own use and benefit, or that of any person or persons whatsoever,
or to receive, directly or indirectly, for his own use, any benefit, interest,
or profit thereof; and any violation of this provision shall subject him
to immediate removal from office. In case of his removal, the city coun-
cil shall elect a qualified person to fill said office until the next general
election which may be held in the city, when the qualified voters of said
city shall, as in other cases, fill such vacancy by an election of a suc-
cessor, who shall hold his office for the remainder, if any, of the unex-
pired term of the officer removed. The treasurer shall receive such com-
pensation as 1s provided by law in case of the county treasuer: provided,

e shall not receive an amount greater than three thousand dollars per
annum for his service in collecting both State and city taxes. No per-
son shall be allowed to qualify a second term as treasurer, unless and
until he shall have satisfactorily settled his account as treasurer for the
preceding term; and if such settlement be not made on or before the
regular time for his entering upon the duties of his office for another
term, the office shall be considered vacant, and the vacancy shall be filled
as hereinbefore provided.

38. There shall be one city clerk appointed by the city council, who
shall hold his office for two years, and until his successor shall be ap-
pointed and qualified, unless sooner removed from office by the city
council.

39. The said clerk shall attend the meetings of the city council, and
keep a record of the proceedings; he shall have the custody of the corpo-
rate seal. He shall keep all papers that by the provision of this act or
the direction of the city council, are required to be filed or kept by him.
It shall also be his duty immediately after the close of each session of
city council, to make and present to the mayor a transcript of every
ordinance, resolution or order, concerning any public improvement, or
for the payment of money, and every ordinance, resolution, order and
acts of legislative character passed by the city council at such session;
he shall in like manner transmit to the treasurer a transcript of all
ordinances, resolutions or orders appropriating money or authorizing the
payment of money, the issue of bonds or notes; he shall in like manner
give notice to all parties presenting communications or petitions to the
city council of the final action of the council on such communication or
petition. He shall publish such reports and ordinances as the city
council are required by this act to publish, and such other reports and
ordinances as they may direct, and shall in general perform such other
acts and duties as the city council may, from time to time, require of him.

40. There shall be elected by the qualified voters of the city, on the
Tuesday after the first Mouday in November, nineteen hundred and
twelve, and every eight years thereafter, one clerk of the corporation
court for the city of Radford, who shall serve for the period of eight
years, and until his successor be elected and qualified. He shall receive
in compensation for his services, the fees and emoluments allowed by
law to clerks, and such allowances as the city council may, from time to
time, deem just and proper.

41. There shall be elected by the qualified voters of the city, on the
Tuesday after the first Monday in November, nineteen hundred and
thirteen, and every four years thereafter, one Commonwealth’s attorney,
who shall prosecute in all cases in the corporation court of the city of
Radford. He shall hold his office for a term of four years, and until his
successor be elected and qualify, unless sooner removed, and shall receive
such compensation for his services as may be prescribed by law, and such
salary as may be fixed by the city council.

42. There shall be elected or appointed as may be prescribed by gen-
eral law, one commissioner of the revenue, who shall hold his office for
the term of four years from the first day of January, nineteen hundred
and ten. He shall give bond with surety in such amount as the court
may determine, which shall be filed in the office of the clerk of said
court.

43. The duties and liabilities of the said commissioner of the revenue
shall be the same as are defined and prescribed by chapter twenty-four
of the Code for commissioners of the revenue for counties as far as the
same may be applicable and not inconsistent with this act and the Con-
stitution and laws of the State; and in addition to the compensation
allowed him by and from the State under that chapter, he shall be enti-
tled to such compensation for extending in his land and personal prop-
erty books all city levies as the council may deem reasonable. For every
city license granted by the commissioner under this charter he shall re-
ceive a fee of seventy-five cents, and for transferring a license, the fee
shall be fifty cents. All such fees shall be paid by the person obtaining
the license or transfer; and such license or transfer may be withheld
until the fees are paid. The said commissioner of the revenue shall per-
form all the duties in relation to the assessment of property for the pur-
pose of levying the city taxes that may be ordered by the city council.
He shall keep his office in some convenient place in said city, and shall
keep therein such books, schedules, and records in such manner as the
mayor and city council may direct and prescribe, which books, records
and other papers, shall be subject to the inspection and examination of
the mayor, the members of the city council, or any committee thereof,
and of the collector of city taxes and the clerk of the council.

_ 44, If the commissioner of the revenue ascertain that any person, or
any real or personal property or income, or salary, has not been assessed
for city taxation for any year, or the same has been assessed at less than
the Jaw required for any year, or that the taxes thereon for any cause
have not been realized, it shall be the duty of the commissioner to list the
same, and assess city taxes thereon at the rate prescribed for that year,
adding thereto interest at the rate of six per centum per annum. Where
the same was omitted by no fault of the person charged with the taxes,
no interest shall be charged: provided, that this section shall not apply
to any taxes omitted prior to the passage of this act.

45. The said commissioner shall at the time he delivers the copies
of the land and personal property books required of him under the State
law, deliver to the clerk of the corporation court a copy of the land and
personal property books, and shall assist the clerk in his examination and
auditing of said books, and perform any duties required of him by the
city council, and render said clerk all such assistance as is required under
the laws of the State.

46. He shall apply to the city clerk, who shall furnish him with the
proper city license book, and he shall issue all city licenses which the
council may direct of him, and no license shall be issued except from the
said license book, and at the time of issuing said license the stub which
316 ACTS OF ASSEMBLY.

is retained in the book shall be properly filled out by the commissioner.
When he is applied to for license he shall ascertain the correct amount,
make the proper entries, sign the license himself as commissioner and
deliver the same to the treasurer, who shall collect the tax thereon. No
license shall be valid until the treasurer has signed the same and deliv-
ered to the party, and no license shall be delivered until paid for. The
commissioner is expressly forbidden signing the treasurer’s name to a
license or any other paper. He shall not issue any license for any other
amount than that fixed by the city council, and where a license should be
issued, and no rate therefor is established, he shall forthwith report the
fact to the finance committee or city council, who shall determine the
rate. He shall at least, twenty-four hours before each regular meet-
ing of the city council, leave with the city clerk his license book, to-
gether with a list of all licenses issued by him during the preceding
month, and he shall be present at the stated finance committee meeting,
and render to them any explanation or assistance regarding said license
report and his acts and doings as commissioner as the committee, or
council, may require of him.

47%. The commissioner of the revenue, in his annual report to the
finance committee, shall submit a detailed statement setting forth the
names, alphabetically arranged, of persons or firms chargeable with a
city license tax, the nature of the business in which said persons or firms
are engaged, the annual purchases of merchants, the time for which
said license runs, and the amount of the said license tax.

The commissioner of the revenue is expressly prohibited from col-
lecting all or any part of the license tax, which tax shall be paid to the
treasurer, or his deputy, by the party making application for license, or
his agent; and the clerk of the council shall have printed on the city
license hereinbefore provided for, the following words, “the commis-
sioner of the revenue is prohibited from collecting or receipting for the
tax hereon, which tax shall be paid to the treasurer or his deputy, other-
wise this license shall be void.”

If the commissioner of the revenue fails, or refuses, to perform any
of the duties required of him by this act, or required of him by the city
council, he shall be fined not less than five dollars, nor more than one
hundred dollars, for each offense, and he and his sureties on his official
bond shall be liable for all damages, which may accrue to the city or any
other person by reason of such failure or refusal.

48. There shall be elected by the qualified voters of we city of Rad-
ford, on the Tuesday after the first Monday in November, nineteen hun-
dred and thirteen, and every four years thereafter, one city sergeant, who
shall attend the terms of the corporation court for said city and act the
officer thereof, and shall perform such other duties as may be prescribed
and ordained by the city council, and shall receive such compensation
therefor as the council shall determine. He shall be collector of delin-
quent city taxes placed in his hands by the city treasurer, and for that
purpose shall have all the powers and authority, and be subject to the
same liability and penalties as are prescribed for county treasurers id
the collection of State taxes and county levies, and may be proceeded
against in the same manner as far as applicable and not inconsistent with
the provisions of this act. He shall pay over to the treasurer (or in the
treasury of the city, as may be prescribed by ordinance) weekly or
oftener, if he thinks proper, all moneys which come into his hands for
taxes, or otherwise, belonging to the said city. He shall report to the
council in writing at each stated meeting the amount of all moneys col-
lected by him for the city, from whom collected and when collected, and
paid over as herein directed. Before entering upon the duties of his
office as collector of the delinquent taxes of the city, he shall enter into
bond, with sureties, to be approved by the council, in such sum as the
council may direct; said bond to be payable to the city of Radford, and
conditioned for the faithful discharge of the duties of said office, and
shall be entered on the records of the council, and the original shall be
filed in the office of the clerk of the council.

49. The sergeant may, with the approval of the corporation court
for the city, appoint a deputy or deputies, who may be removed from
office by the said sergeant, by the mayor, or by the council. During the
continuance in office of said sergeant his deputy or deputies may dis-
charge any of the duties of the office of sergeant, but the sergeant and
his sureties shall be liable therefor.

50. There shall be elected by the qualified voters of the city of Rad-
ford, on the Tuesday after the first Monday in November, nineteen hun-
dred and thirteen, and every four years thereafter, one constable for said
city, who shall hold his office for the term of four years, and until his
successor be appointed and qualified, unless sooner removed from office.
Said constable shall keep his office in such convenient place in the city
as may be designated by the city council, and shall receive such com-
pensation for his services as is allowed by law. He shall, in all civil
cases, have the same power and duties, and be subject to the same penal-
ties as are prescribed by law for other constables, and shall perform such
duties as the city council may ordain.

51. There shall be elected by the qualified voters of each ward, on the
Tuesday after the first Monday in November, nineteen hundred and
thirteen, and every four years thereafter, one justice of the peace for each
ward of said city, who shall have jurisdiction over the entire city, who
shall be residents of their respective wards, and shall hold office for the
term of four years, and until their successors be elected and qualified,
unless sooner removed from office. The said justices of the peace shall
be conservators of the peace within the limits of the corporation of
Radford, and shall have the same power within said limits, and reccive
for their services such fees as are provided by law in respect to justices
of the peace in counties of this State, in their respective counties: pro-
vided, that said justices shall not have jurisdiction over violations of
ordinances of the city of Radford, passed by its council.

CHAPTER VI.
Finances.

52. For the execution of its powers and duties the city council may, in
the name of and for the use of the city, contract loans or cause to be
issued certificates of debts or bonds, provided no such certificate of debt
or bonds shall be issued except by a two-thirds vote of the qualified mem-
bers elected to council, ratified by a majority of the freehold voters vot-
ing on the question; but such loans, certificates, or bonds shall not be
irredeemable for a period greater than thirty-four years: provided fur-
ther, that said council shall not contract said loans or issue such certifi-
cates of debt or bonds for the purpose of subscribing to the stock of any
company incorporated for a work of internal improvement, or other
purpose, without first being authorized so to do by three-fourths of the
freehold voters voting on the question: provided further, that in no case
shall the aggregate debt of the city at any one time exceed eighteen
per centum of the assessed value of the taxable property, real and per-
sonal, within its limits. Alli contracts for the erection of public utilities,
improvements and purposes within the jurisdiction of the city council,
shall be let to the lowest responsible bidder, and notice shall be given,
for at least thirty days before the work is finally let, by advertisement in
one or more newspapers published or circulated in the city, and the
party to whom said contract shall be let shall give bonds as the council
may require and approve, but in no event shall any contract be let to
any member of the city council, nor shall any member have any interest
in such contract.

53. Whenever, hereafter, there shall be contracted by the council any
debt not payable within one year thereafter, there shall be set apart an-
nually, for thirty-four years, or until the debt is paid, a sum not less than
one per centum of the amount of debt, in addition to the annual interest
agreed to be paid thereon, which sum shall be applied and invested to-
wards the payment of such debts.

54. For the execution of its powers and duties, the city council may
raise taxes annually by assessments in said city on all subjects taxable
by the State, such sums of money as they shall deem necessary to defray
the expense of same, and in such manner as they shall deem expedient
(in accordance with the laws of the State and the United States) : pro-
vided, that no tax upon real and personal property in said city shall ex-
ceed one dollar and twenty-five cents upon the one hundred dollars’ as-
sessed value thereof.

55. No assessment made by council shall be valid, unless the resolu-
tion or ordinance authorizing the same shall show the objects thereof,
and shall direct how such amounts when collected shall be applied.

56. All taxes required for the purpose of paying the salaries of the
municipal officers and other current expenses of maintaining the munici-
pal organization, such as printing, stationery, and other office expenses
and supplies, or the expenses for salaries of policemen and firemen, and
all other expenses of maintaining the police and fire services, including
fuel, apparatus, rent, and the expense of maintaining the corporation
court and repairs, shall be assessed, levied, or collected and applied gen-
erally without regard to the amount thereof. os

5%. The city council may levy a tax on licenses to agents of insurance
companies, whose principal office is not located in said city; to auction-
eers; to public, theatrical or other performances or shows; to keepers of
billiard tables and ten-pin alleys; to hawkers and peddlers; to agents for
the renting of real estate; to commission merchants and any other busi-
ness, whether a license may be required therefor by the State or not; and
to lawyers and doctors for the privilege of practicing in the corporation;
the amount of the license in case of lawyers and doctors is not to exceed
that imposed by the State. For water or light supplied by the city from
its works, council shall fix the rates thereof, the time when such rates
shall be paid and the penalties for the non-payment thereof.

58. Any payment of taxes made by the tenant, unless under an ex-
press contract contained in this lease, shall be a credit against the person
to whom he owes the rent.

59. The council may grant or refuse license to owners or keepers of
wagons, drays, carts, hacks and other wheeled carriages kept or employed
in the city for hire, and may require the owners or keepers of wagons,
drays and carts using them in the city, to take out a license therefor, and
may assess and require taxes to be paid thereon, and subject the same to
such regulations as they may deem proper, and may prescribe their fees
and compensation.

60. All goods and chattles, wheresoever found, may be distrained
and sold for taxes assessed and due thereon, and no deed of trust nor
mortgage upon goods and chattels shall prevent the same from being
distrained and sold for taxes assessed against the grantor in such deed.

61. There shall be a lien on real estate for the city taxes as assessed
thereon from the commencement of the year from which they were
assessed. The council may require real estate in the city delinquent for
the non-payment of taxes to be sold for said taxes, with interest thereon
at a rate of ten per centum per annum, and such per centum as the coun-
cil may prescribe for charges. Such real estate shall be sold, and may be
redeemed in the manner provided by law.

62. The city council may organize and maintain a fire department
for the city, and appoint an engineer, assistants and others officers, with
any or all the powers which have been or may be vested by law in such
officers; and they may make rules and regulations for the government of
the officers and men of said department, and may prescribe their re-
spective duties in case of fire or alarms of fire; may fix their pay, and
may impose reasonable fines for the breach of such regulations, and may
make such ordinances as they may deem proper to extinguish and pre-
vent fire, to prevent property from being stolen, and require citizens to
render assistance to the fire department in case of need.

63. For the purpose of guarding against the calamities of fire, the
city and council may, from time to time, designate such portions and
parts of the city as they may deem proper within which buildings of
wood may be erected. They may prohibit the erection of wooden build-
ings in any portion of the city without their permission, and shall, upor
the petition of the owner or owners of at least one-half of the ground in-
cluded in any square of the city, prohibit their erection on said square
of any buildings, or addition to any building, unless the outer walls
thereof be made of brick and mortar, or stone and mortar, and may pro-
vide for the removal of any building or addition which shall be erected
contrary to such prohibition at the expense of the builder or owner
thereof; and if any such building shall have been commenced before said
petition can be acted on by the council, or if any building in the process
of erection appears clearly to be unsafe, the council may cause such
building to be taken down after reasonable notice to the owner.

64. The said council shall, by ordinance, provide for any special elec-
tion not herein provided for, and appoint the necessary officers for con-
ducting the same.

65. The city of Radford and its inhabitants shall be exempt from all
assessments or levies in the way of taxes imposed by the authorities of
Montgomery county for any purpose whatever except upon property in
said county owned by the inhabitants of said city, nor shall such inhabi-
tants be liable to serve upon juries in said county.

66. All ordinances now in force in the city of Radford, not incon-
sistent with this charter, shall be and remain in force until altered,
amended, or repealed by the council of the said city.

67. The present officers of the city of Radford shall serve to the end
of their respective terms for which they were elected. .

68. All acts or parts of acts in conflict with this act are hereby re-
pealed, in so far as they affect the provisions of this charter, and former
charters of the city of Radford are hereby repealed.

69. An emergency existing because of the necessity of change in the
city government, this act shall be in force from its passage.