Chap. 154.—An ACT to repeal section 102 of chapter 64, acts of 1895-96, entitled
an act to incorporate the city of Newport News, in the county of Warwick,
and to provide a charter therefor, approved January 16, 1896, relating to the
disposition of money to the credit of the sinking fund; and to amend and:
re-enact section 91 of said act, relating to the election and duties of the
constable; and to amend and re-enact section 103 of said act, as amended by
an act approved March 24, 1920, relating to contracts for the erection and
construction of public improvements. [H B 209]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That section
one hundred and two of chapter sixty-four of the acts of eighteen
hundred and ninety-five-ninety-six, be, and the same is hereby, repealed.

2. Be it further enacted by the general assembly of Virginia, That
section ninety-one of said act, relating to the election and duties of the
constables, and section one hundred and three of said act, as amended
by an act approved March twenty-fourth, nineteen hundred and twenty,
relating to contracts for the erection and construction of public im-
provements be, and the same are hereby, amended and re-enacted to
read as follows:

Section 91. There shall be elected one constable for the city, who
shall hold his office for a term of four years, and until his successor
be elected and qualified, unless sooner removed from office. Said con-
stable shall keep his office in some convenient place in the city as may
be designated by the council, and shall recetve such compensation for
his services, as is allowed by law. He shall in all civil cases have the
same powers and duties and be subject to the same penalties as are
prescribed by law for other constables, and shall perform such other
duty as the council may ordain, or may be prescribed by the laws of
the State. The constable may appoint one or more deputies, who shall
take the oath of office before the clerk of the corporation court and
shall perform the same duties as the constable, and for whose acts the
constable shall be liable.

Section 103. All contracts for the erection and construction of
public improvements shall be let to the lowest responsible bidder, but
the council, in its discretion, may reject any or all bids, and notice shall
be given thirty days before the work is finally let by advertisements in
one or more newspapers, and the party to whom said contract shall be
let shall give such bond as the council may require; but in no event
shall any contract be let to any member of the council or other officer
of the city government, nor shall any member have any interest in said
contract; provided, however, that the council may have such work
done and public improvements made under its immediate direction in
any case involving expenditures of sums not exceeding twenty-five
hundred dollars, and may employ such superintendents, mechanics,
laborers and teams and purchase such material as may be necessary
therefor.

After bids shall have been advertised for and received for making
any public improvements or doing any public work, the council may
authorize the making of such improvement or doing of such work by
the direct employment of the necessary labor and purchase of the
necessary materials and supplies on the basis of detailed estimates
‘submitted by the department authorized to execute such work or im-
provements ; provided the probable cost of such work or improvement
as shown by such estimates is less than the bid of the lowest responsible
bidder for the same work or improvement; and provided, further, that
the city manager shall certify in writing to the council that in his
opinion the cost of making such improvement or doing such work will
not exceed the said estimate. Separate accounts shall be kept of all
work and improvements so done or made.

In an emergency requiring immediate action, the city manager may
cause any such improvement to be made or other public work to be
done by direct employment of the necessary labor and purchase of the
necessary material and supplies without previously advertising for or
receiving bids therefor. Every such case shall be reported by him in
writing to the council at its next regular meeting with a statement of
the facts constituting such emergency. Separate accounts shall be kept
of all such work; provided, that nothing in this or the next preceding
section shall prevent the said city from doing maintenance and repair
work by direct labor and from maintaining a reasonable force of men
for that purpose. ,

When it becomes necessary in the prosecution of any work or im-
provement under contract to make alterations or modifications of such
contract, such alterations or modifications shall be made only on the
order of the city manager. No such order shall be effective until the
price to be paid for the work and materials, or both, and the credits,
if any, to be allowed the city, under the altered or modified contract,
shall have been agreed upon in writing and signed by the contractor
and by the city manager.