Chap. 227.—-An ACT to amend and re-enact sections 18, 19-f, 22 and 27-a
of an act entitled “An act to provide a new charter for the city of Richmond,”
approved Miarch 24, 1926, as heretofore amended. [S B 383]

Approved March 22, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tions eighteen, nineteen-f, twenty-two and twenty-seven-a, of an act
entitled “An act to provide a new charter for the city of Richmond,”
approved March twenty-fourth, nineteen hundred and twenty-six, as
heretofore amended, be amended and re-enacted so as to read as
follows:

Section 18. A majority of the members of each branch shall con-
stitute a quorum for the transaction of business, but on all ordinances
or resolutions appropriating money exceeding one hundred dollars,
imposing or releasing taxes or authorizing the borrowing of money,
or donating, selling or leasing any property of the city, other than the
public property and public utilities set forth in section one hundred
and twenty-five of the Constitution of Virginia, or increasing any
salary or pay of any employees of the city, where the value of such
property is one hundred dollars or more, or the aggregate of such in-
crease of salary is one hundred dollars or more for any one year, a
vote of two-thirds of all the members elected to each branch shall be
necessary, and the yeas and nays shall be entered on the journal of each
branch, respectively. No vote shall be reconsidered or rescinded at any
special meeting, unless at such special meeting there be present as large
a number of members as were present when such vote was taken. No
ordinance or resolution appropriating money exceeding the sum of one
thousand dollars, imposing taxes, or authorizing the borrowing of
money, shall be passed by the two branches on the same day; neither
shall the branch in which such ordinance or resolution is proposed pass
the same on the day of its introduction; nor shall any such ordinance
or resolution be valid unless at least three days intervene between its
passage by the said branches, respectively.

No person holding a salaried office or position under the city gov-
ernment shall be a member of either branch of the city council during
his continuance in office, and the election of any such person to either
branch of the city council and his qualification as a member thereof,
shall vacate such office held by him.

Section 19-f. To establish, construct, maintain, keep in order, alter
or repair landings, wharves, docks, canals and streets and approaches
thereto and the lands contiguous or appurtenant thereto, which are
now owned or controlled by the city of Richmond or which may here-
after be acquired by gift, purchase, condemnation or otherwise for
such purpose, either within the corporate limits, or within five (5)
miles thereof; and to that end the city of Richmond is expressly au-
thorized to acquire by condemnation or otherwise, docks, wharves,
canals, approaches thereto or lands to be used in connection therewith
and to control, operate and maintain the same for such purpose, and
in connection therewith may prescribe and collect reasonable charges
from vessels coming to or using the same, or may lease the use of
such landing, wharves, docks or canals upon such terms and conditions
as to them may seem proper, and may regulate the use of other wharves
and landings located within the corporate limits or within five (5)
miles thereof, and shall have power to prevent or remove obstructions
from the harbor of James river and in and upon landings, wharves,
docks or canals and collect the cost of such removal from the person
or persons responsible therefor; and the said city shall be authorized
to close or discontinue the use of any such wharf, landing, dock or
canal now owned or hereafter acquired by the said city, and upon the
closing or discontinuance of such use the same shall thereupon be for-
ever discharged from any public use or easement or from any obliga-
tions theretofore imposed by reason of such public use or easement, by
statute or otherwise. Provided, that before the dock or any part
thereof, conveyed by the Chesapeake and Ohio Railway Company to
the William R. Trigg Company, by deed dated the first day of June,
nineteen hundred and one, in accordance with the provisions of the
act of assembly, approved February fifteenth, nineteen hundred and
one, shall be closed or filled in, the city of Richmond, at its sole cost
and expense, shall make provisions for disposing of the water required
by said act to be delivered into said dock and shall, at its cost and ex-
pense, maintain the provisions so made, and in the event of such aban-
donment, closing or discontinuance of the use of such landing, wharf,
dock or canal the said city shall have the right to use or dispose of
the land upon which the said landing, wharf, dock, or canal may be
located, together with all lands or other rights appurtenant thereto, to
the same extent as if the said landings, wharves, docks, canals or lands,
or right thereto belonging had never been charged with any public use
or easement. The said city shall also have the power to improve and
keep in good, safe and navigable condition James river in the corporate
limits and within twenty (20) miles thereof, and to that end, may ac-
quire by condemnation or otherwise, all lands or interest therein,
deemed necessary by the council for the improvement of James river
and the improvement of navigation, and in that connection, where
deemed desirable, may acquire lands for the construction of canals or
the widening of the river, and may hold such lands for such purpose,
or lease, sell or otherwise dispose of same for the better improvement
of James river, the maintenance of navigation, and to improve the
harbor facilities. They may also appoint port wardens for the port
of said city, who shall exercise such powers as the council may give
them up to the port warden’s lines, as they may be established from
time to time by the United States government, and fix their fees and
compensation. The city council of said city shall, in addition, have
and exercise all the powers and be charged with all the duties imposed
upon it by chapter one hundred and forty-five of the Code of Virginia,
nineteen hundred and nineteen, as the same now exists or as the same
may be hereafter amended, which powers it may delegate to some prop-
er committee of persons to be designated by the said council.

Section 22. In order to carry out effectually the powers conferred
by this charter, the city of Richmond is hereby expressly authorized
to acquire, by condemnation proceedings instituted in the hustings
court of the city of Richmond, hustings court, part two, of the city of
Richmond, or the circuit court of the city of Richmond, if the subject
lies or is situated within the city, and, if not within the city, in the
circuit court of the county in which such subject lies, land or any in-
terest therein, any right, easement or estate of any person or corpora-
tion therein, whether such corporation, owning the same, be authorized
to exercise the power of eminent domain or not, or whether such land,
interest, estate or easement has already been devoted to a public use
by the owner, whenever the city of Richmond cannot agree on terms
of purchase or settlement with those entitled to such subject, because
of the incapacity of such owner, or because of the inability to agree
upon the compensation to be paid, or other terms of settlement or
purchase, or because the owner, or some one of the owners of the
subject proposed to be acquired, is a non-resident of this State, or
cannot, with reasonable diligence, be found in this State, or 1s un-
known. If the subject is situated partly within the city and partly
within a county, the circuit court of such county shall have concurrent
jurisdiction in such condemnation proceedings with the courts of the
city of Richmond hereinbefore enumerated. The judge or the court
exercising such concurrent ‘jurisdiction shall appoint five disinterested
freeholders residing either in such county or in the city, any three of
whom may act, as provided by law.

Section 27-a. There shall be elected by the people one commis-
sioner of the revenue, whose term of office shall be four years from
the first day of January succeeding his election, and there shall be ap-
pointed by the council in joint session on the first Monday in June
one city clerk, one sergeant-at-arms of the city council, one city attor-
ney, one city comptroller, two police justices, one clerk to the police
justice, and each branch of the council shall be authorized to appoint
such officers and clerks as may be deemed proper for the regulation of
its proceedings and for the convenient transaction of their business,
the terms of which officers and clerks so to be appointed shall be two
years from the first day of July succeeding their appointment, except
as herein otherwise provided.

The city clerk shall appoint a suitable and qualified person as as-
sistant city clerk, who shall be ex-officio clerk of council committees
and whose compensation shall be fixed by the city council and who
shall be authorized to act as city clerk in the absence or disability of
the said city clerk.

There shall also be appointed by the council on the first Monday
in June, three members of the city school board for each school district,
whose term of office shall be three years, respectively, one of whom
shall be appointed annually; provided that on the first Monday in
June, nineteen hundred and thirty, one of the members of the city
school board for each school district shall be appointed for one year,
one for two years and one for three years, respectively.

2. ‘That all acts or parts of acts in so far as the same conflict here-
with, be and the same are hereby repealed.

3. An emergency existing, this act shall be in force from its
passage.