Chap. 164.—An ACT to amend and re-enact section 26 of chapter 473 of the Acts
of the General Assembly of 1924, entitled an act to provide a new charter for
the city of Roanoke and to repeal the existing charter of said city and the several
acts amendatory thereof, and all other acts or parts of acts inconsistent with
this act, so far as they relate to the city of Roanoke, approved March 22, 1924.

[H B 240]
Approved March 22, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tion twenty-six of chapter four hundred and seventy-three of the
acts of nineteen hundred and twenty-four, entitled an act to provide
a new charter for the city of Roanoke, and to repeal the existing
charter of said city and the several acts amendatory thereof, and all
other acts or parts of acts inconsistent with this act, so far as they
relate to the city of Roanoke, approved March twenty-second, nine-
teen hundred and twenty-four, be amended and re-enacted so as to
read as follows:

Section 26. City attorney.—The city attorney shall be elected
at the time, in the manner, and for the term provided by section nine
of this charter. He shall at the time of his election have practiced
law in the State of Virginia for at least five years and in the city
of Roanoke for at least two years. He shall be the legal advisor of
and attorney and counsel for the city and the school board of the
city and for all officers, and departments thereof, in matters relating
to their official duties. He shall prosecute all suits, actions and pro-
ceedings for and on behalf of the city and the school board of the
city, and defend all suits, actions and proceedings against the same,
and shall prepare all contracts, bonds and other instruments in writ-
ing, in which the city or the school board of the city are interested
or concerned, and shall endorse on each his approval of the form
and correctness thereof, provided that in the case of bonds to be
issued by the city, it shall be sufficient if he certify to the council
his approval thereof as to form in a separacte writing, to be filed and
preserved with the records of the council. :

The council, the city manager, or any officer, board or commission
may require the opinion of the city attorney upon any question of law
involving their respective powers and duties.

The city attorney shall apply in the name of the city to a court
of competent jurisdiction for such injunction or injunctions as may be
necessary to restrain and prevent the misapplication of the funds of
the city, or the invasion or abuse of its corporate powers, or the
usurpation of authority by any city official, or the execution or per-
formance of any contract made in behalf of the city in contravention
of law, or which was procured by fraud or corruption. ,

When an obligation or contract made on behalf of the city grant-
ing a right or easement or creating a public duty is being evaded
or violated, the city attorney, when directed by council, shall insti-
tute and prosecute such suit or suits as may be necessary to enforce
the forfeiture thereof, or the specific performance thereof, as the
nature of the case may require.

In case any officer, board or commission shall fail to perform
any duty required by law, the city attorney shall apply to a court of
competent jurisdiction for a writ of mandamus to compel the per-
formance of such duty. Whenever the city or school board shall
purchase or otherwise acquire real estate or any interest therein,
unless other provision is made by the council, the city attorney shall
examine and certify the title thereto before the purchase price thereof
shall be paid. The said city attorney shall perform such other duties
as may be required of him by ordinance or resolution of the council.