Chap. 280.—An ACT to provide a new charter for the city of Alexandria, Virgin
[H B 277]

Approved March 24, 1932
1. Be it enacted by the general assembly of Virginia as follows:

CHAPTER ]—CorPoRATE LIMITS

1. The territory contained within the following limits shall be
deemed and taken as the city of Alexandria:

Beginning at a set stone on the east side of Roberts lane and the
south side of Little River turnpike and running thence north six de-
grees fifty-five and one-half minutes west sixty-two -and seventy-five
hundredths feet to a point in the north line of said Little River turn-
pike; thence following along the north side of said Little River pike,
north eighty-one degrees ten minutes west four hundred eighteen and
forty hundredths feet to a point, north seventy-four degrees twenty-
eight minutes west two hundred eighty and no hundredths feet to a
point and north seventy-nine degrees twenty-three minutes west four
thousand seven hundred twenty-nine and sixty hundredths feet to the
west side of Quaker lane; thence departing from said Little River pike
and following along the west side of said Quaker lane, north five de-
grees fifty-two minutes west two thousand nine hundred twenty-five
and no hundredths feet to a point and north five degrees twelve min-
utes east three thousand eight hundred eight and sixty hundredths feet
to a point in the center line of the Braddock road; thence following
along said Braddock road and within the lines thereof, south eighty-
four degrees twenty-three minutes east three hundred fifty-eight and
three tenths feet to an intersection with the line formerly separating
Fairfax county from Arlington county, Virginia, at that point; thence
continuing along said Braddock road and within the lines thereof south
eighty-four degrees twenty-two minutes thirty seconds east two hun-
dred sixty-four and twerity hundredths feet to a point where said
Braddock road is intersected by the southwardly projection of the
Seminary road; thence departing from said Braddock road and fol-
lowing along the center line of said Seminary road the following
courses, north five degrees two minutes thirty seconds east eight hun-
dred eleven and fifty hundredths feet, north twenty-two degrees forty-
six minutes thirty seconds east six hundred eleven and five hundredths
feet, north one degree twenty-three minutes west one thousand five
hundred fifty-one and forty hundredths feet, north twenty degrees
three minutes east three hundred nineteen and thirteen hundredths feet,
north nineteen degrees forty-eight minutes east three hundred eighty-
five and forty-nine hundredths feet, north thirty-seven degrees forty-
five minutes west one hundred eighty-three and thirty-two hundredths
feet, north two degrees fifty-seven minutes east one hundred forty and
eighty-nine hundredths feet, north twenty-eight degrees no minutes
east one hundred sixty-five and forty-one hundredths feet, north five
degrees fifty-nine minutes east one hundred forty-five and eighty-three
hundredths feet, north thirteen degrees forty-seven minutes no seconds
west four hundred thirty-six and thirty-seven hundredths feet, north
nine degrees two minutes west one thousand four hundred forty-seven
and eight hundredths feet and north two degrees ten minutes thirty
seconds east two hundred seventy-four and ninety hundredths feet to
the point where said center line of said Seminary road intersects the
south right of way line of the Washington and Old Dominion Rail-
way ; thence with said south right of way line, south seventy-seven de-
grees thirty-nine minutes thirty second east one thousand eight hun-
dred eighty-five and eighty hundredths feet, more or less, to the center
line of the channel of Four Mile run; thence down the mid-channel
line of said Four Mile run following the meanderings thereof as the
same passes under the Washington-Virginia Railway (now the Mount
Vernon, Alexandria and Washington Railway), the Washington and
Alexandria road and extending to the intersection of said run with the
Potomac river; thence following along the meanderings of the west
shore line of said Potomac river southwardly to a point in the mid-
channel of Hunting creek where the same flows into.the Potomac
river; thence up stream and westwardly with the meanderings of said
Hunting creek and Cameron run to a point in line with the east side of
Roberts lane and one thousand nine hundred eighty-eight feet south-
ward from a set stone on the south side of the Little River turnpike
and east side of Roberts lane; thence north six degrees fifty-five and
one-half minutes west one thousand nine hundred eighty-eight feet and
along the east side of Roberts lane to the point of beginning.

The inhabitants of the territory comprised within the present limits
of the city of Alexandria as hereinbefore described or as the same may
be hereafter altered and established by law, shall continue to be one
body politic in fact and in name under the style and denomination of
the city of Alexandria, and as such shall have and may exercise all
powers which are now or hereafter may be conferred upon or dele-
gated to cities under the Constitution and laws of the Commonwealth
of Virginia, as fully and completely as though said powers were spe-
cifically enumerated herein, and no enumeration of particular powers
by this charter shall be held to be exclusive, and shall have, exercise
and enjoy all the rights, immunities, powers and privileges and be sub-
ject to all the duties and obligations now appertaining to and incum-
bent on said city as a municipal corporation, and the said city of Alex-
andria, as such, shall have perpetual succession, may sue and be sued,
contract and be contracted with and may have a corporate seal which
it may alter, renew or amend at its pleasure.

CHAPTER JI—GENERAL PROVISIONS

2. The jurisdiction of said city council of Alexandria shall extend
over the harbor of Alexandria, and over vessels of every description
which may arrive and be in the harbor.

3. Unless otherwise specifically provided, the persons holding any
of the offices provided for in this charter, which offices have existed
under the charter heretofore in force, shall continue to hold the same
under their previous election or appointment until the term of such
office as herein provided shall expire, dating the commencement 0!
such term from the time fixed in said former charter.

CHAPTER JJI—GovERNMENT AND ADMINISTRATION

4. The government and administration of the city shall be vestec
in one body to be called the council of the city of Alexandria and ir
one administrative officer to be called city manager and in such othe
departments, commissions, bodies, and other officers as are herein:
after provided for or as are permitted or required by law appointed by
the council.
5. The composition of the council shall be of one of the two fol-
lowing plans subject to the choice of the electorate of said city to be
determined at a special election as hereinafter provided for:

COUNCIL AT LARGE PLAN

Under this plan, on and after September first, nineteen hundred and
thirty-two, the council shall consist of seven members, who shall be
elected at large from qualified voters of the city and they shall serve
for a term of four years from the first day of September next follow-
ing the date of their election and until their successors shall have been
elected and qualify ; provided, however, that at the first election held
hereunder in nineteen hundred and thirty-two, four councilmen shal!
be elected and the three present councilmen whose terms expire on
August thirty-first, nineteen hundred and thirty-four, shall continue
in office until the expiration of their terms and until their successors
are elected and qualify. The council shall be a continuing body and no
measure pending before it shall abate or be discontinued by reason of
the expiration of the term of office or removal of the members of said
body or any of them. Vacancies in the council shall be filled within
thirty days for the unexpired term by a majority vote of the remaining
members.

The council shall elect one of its members to preside over its meet-
ings, who shall be entitled president, and who shall be ex-officio mayor
of the city, and shall also elect another member to be vice-president of
the council to act in the place of the president in his absence or in-
capacity. The president and vice-president shall be elected for a term
of two years, and any vacancy in the offices shall be filled by the elec-
tion by the council for the unexpired term. The mayor shall have the
same powers and duties as other members of the council with a vote,
but no veto, and shall be the official head of the city. With the excep-
tion of the civil and police justice and those officers required by the
Constitution of the State to be elected by popular vote, the members
of the council shall be the only elective city officials.

CoUNCIL BY WARD PLAN

Under this plan, on and after September first, nineteen hundred
and thirty-two, the council shall consist of nine members, six of whom
shall be elected, one from each of the six wards of the city and three
at large and the members of the council elected from each ward shall
serve for a term of two years from the first day of September next
following the date of their election and until their successors shall
have been elected and qualify, and the councilmen elected at large shall
serve for a term of three years from the first day of September next
following the date of their election and until their successors shall
have been elected and qualify; provided, however, that at the first
election held hereunder in nineteen hundred and thirty-two, only the
six members, one from each ward, shall be elected and the present
three members of the council whose terms do not expire until the
thirty-first day of August, nineteen hundred and thirty-four, shall be
the members of the council at large until the expiration of their terms
and until their successors are elected and qualify, and the present pre-
siding officer of the council and ex-officio mayor shall continue to
serve until the expiration of his term as such and after September
first, nineteen hundred and. thirty-four, the member of the council
elected at large at the election to be held in nineteen hundred and
thirty-four for members of the council to succeed the present mem-
bers whose terms expire on the thirty-first day of August, nineteen
hundred and thirty-four, who receives the largest popular vote shall be
the president and presiding officer of the council and ex-officio mayor
of the city and it shall then also be the duty of the council to elect
another member to be vice-president of the council to act in place of
the president in his absence or incapacity. The mayor shall have the
same power and duties as other members of the council with a vote,
but no veto, and shall be the official head of the city. With the excep-
tion of those officers required by the Constitution of the State to be
elected by popular vote, the members of the council shall be the only
elective city officials.

6. A special election shall be held in the city of Alexandria on the
twenty-ninth day of March, nineteen hundred and thirty-two, at which
election the electorate of said city who would be qualified to vote at
the regular election of June, nineteen hundred and thirty-two, shall
determine which of the two legislative plans as provided in section five
hereon shall be adopted for the government of said city and it is here-
by made the duty of the regular election officers of said city to pre-
pare the ballots and provide for the submission of the said question to
the voters at the said election. Such election shall be conducted in the
manner prescribed by law for the conduct of regular elections and the
election shall be by secret ballot and the ballots used shall contain in
separate lines the following: “For council at large plan” “For council
by ward plan,” and the drawing of a line through either of the said
lines. appearing on said ballot or any part thereof shall be sufficient to
indicate the wishes of the persons voting. Returns of the election shall
be certified by the commissioners of election or their clerk to the cor-
poration court or the judge thereof in vacation and an order shall be
entered of record, setting forth the legislative plan adopted by a ma-
jority vote of the electors at said election, a copy of which shall be
forthwith certified by the clerk of such court to the council of said city
for recordation upon its journal.

Said election may be contested and the proceedings for such con-
test shall conform as nearly as may be to the provisions of section two
thousand seven hundred fifty-four of the Code of Virginia.

CHAPTER [V—GENERAL PROVISIONS OF GOVERNMENT AND ©
ADMINISTRATION UNDER EITHER PLAN

7. The salary of each member of the council shall be two hundred
and fifty dollars per annum except that member who shall be elected
mayor, whose salary shall be five hundred dollars per annum, payable
out of the treasury of the city of Alexandria in quarterly installments.

8. The council shall meet at such times as may be prescribed by
ordinance or resolution, provided, however, that it shall hold at least
two regular meetings each month. No business shall be transacted at
a special meeting except that for which it shall have been called, unless
all members of the council attend such special meeting or give their
written consent thereto. For lack of quorum, any regular meeting may
be postponed to such time as the council may determine.

9. The president or any other two members of the council or the
city manager may call special meetings of the council at any time upon
at least twelve hours written notice to each member served personally
or left at his usual place of business or residence, but special meetings
may be held at any time without notice, provided as members of the
council attend said meeting or waive notice thereof.

10. A majority of the members of the council shall constitute a
quorum for the transaction of business. No vote shall be considered
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 author-
izing the borrowing of money, shall be passed by the council on the
same day on which it is introduced, nor shall any such ordinance or
resolution be valid unless at least three days intervene between its in-
troduction and date of passage. No ordinance or resolution appropri-
ating money exceeding the sum of one hundred dollars, imposing taxes
or authorizing the borrowing of money shall be passed except by re-
corded affirmative vote of a majority of all members elected to the
council.

11. The officers of the city whose election or appointment is not
otherwise provided for herein or under the general statutes of the
State, shall be elected or appointed by the council except such admin-
istrative officers and employees as are appointed by the city manager
under the powers granted him by this act.

12. The city manager shall be the administrative head of the mu-
nicipal government. He shall be chosen by the council without regard
to his political belief and solely upon the basis of his executive and
administrative qualifications. The choice shall not be limited to the
inhabitants of the city or State unless otherwise required by the Con-
stitution of the State. The city manager shall receive such compen-
sation as shall be fixed by the council by ordinance or resolution. He
shall be appointed for an indefinite period and shall serve at the will
of the council. During the absence or disability of the city manager,
the council shall designate some properly qualified person to perform
his duties.

13. The city manager shall be responsible to the council for the
efficient administration of all affairs of the city. He shall have power,
and it shall be his duty:
First: To see that all laws and ordinances are eniorced.

Second: Except as otherwise provided in this act, to appoint all
.eads or directors of departments, and all subordinate officers and
mployees of the city, with power to discipline and remove any officer
1r employee so appointed. Such appointment and removals shall be
eported to the council at its next regular meeting.

Third: To exercise supervision and control over all departments
ind divisions created herein or that may be hereafter created by the
ouncil.

Fourth: To attend all regular meetings of the council with the
‘ight to take part in the discussion but having no vote. He shall be
sntitled to notice of all special meetings.

Fifth: To recommend to the council for adoption such measures
1s he may deem necessary or expedient. |

Sixth: To see that all terms and conditions imposed in favor of
‘he city or its inhabitants in any public utility franchise are faithfully
<ept and performed; upon knowledge of any violation thereof, to call
-he same to the attention of the council and of the city attorney.

Seventh: To make and execute all contracts on behalf of the city
=xcept as may be otherwise provided by this act or by ordinance passed
in pursuance thereof.

Eighth: To act as budget commissioner and as such to prepare and
submit to the council the annual budget, after receiving estimates
made by the heads or directors of the departments or of any boards or
commission not within the departments.

Ninth: To keep the council at all times fully advised as to the
financial conditions and needs of the city.

Tenth: To perform all such other duties as may be prescribed by
law or be required of him by ordinance or resolution of the council.

14. The council shall elect a city clerk, a city auditor, a city at-
torney and a city collector, each of whom shall serve for such term as
may be provided by the council, and until his successor has been
elected and qualified; provided, that the auditor or city collector may
also be elected city clerk.

CHAPTER V—ELECTIONS, OATHS OF OFFICE, BONDS AND So ForTH

15. The election of all the municipal officers who are chosen by the
vote of the people shall be held at the intervals and on the days pre-
scribed for such elections by the laws of the State.

16. In case of a vacancy arising in any elective municipal office
hereinafter mentioned, except as otherwise provided, it shall be the
duty of the council to certify the same to the judge of the corporatior
court, who shall issue his writ for an election to fill such vacancy ir
the manner prescribed by the general election laws of the State.

17, Whenever any special election shall be ordered by the city
council for any object not provided for in the general election laws o!
the State, they shall communicate their order for the same to the judge
of the corporation court, and the same proceedings shall be had by i
as are provided by law for special elections to fill vacancies in any
elective municipal office.

18. The members of the city council and all other officers of the
city, whether elected by the people or appointed by the council, before
entering upon the duties of their respective offices, shall be sworn in
accordance with the laws of the State. Such oaths may be adminis-
tered by any person competent to administer an oath under the laws of
the State; and a certificate of such oaths having been taken shall be
filed by each officer with the clerk of the council, who shall enter the
same upon the journal of the council. If any person appointed or
elected 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 neglect for a like space of time to give such securities as may be
required of him by the city council, as hereinafter provided, or as may
be hereafter required by any law or ordinance, his office shall be
deemed vacant, and there shall be another appointment or election for
the same.

19. All persons elected by the people to fill any municipal office,
shall enter upon the duties thereof at the time prescribed by the gen-
eral laws of the State, and shall respectively continue in office until
their successors have qualified.

20. The council shall designate such officers and employees of the
city as shall give to the city bonds, with securities to be approved by
the council, conditioned so as to secure the faithful discharge of their
official duties, and the several penalties of said bonds shall be the sums
the council, by ordinance, shall prescribe; provided that the securi-
ties of the treasurer, collector and commissioner of revenue, respec-
tively, shall be equally liable for the acts of his deputy or deputies as
for those of their principals.

The bonds provided for under this section are only to secure the
faithful discharge of duties to the city, and in no wise are to supersede
the official bonds of the Commonwealth required of any of said officials
by law. All official bonds given by municipal officers and employees
shall be filed with the clerk of the corporation court,

21. Incase of default on the part of any bonded municipal officer,
the city shall have the same remedies upon his bond against him and
his sureties as are provided for the State in enforcing the penalty of
any official bond given it.

CHAPTER VI—TueE City Councit, Its Powers, Dutigs, Etc.

22. The council shall have authority to adopt such rules and ap-
point such officers and clerks as it may deem proper for the regulation
of its proceedings, and for the convenient transaction of business, may
compel the attendance of absent members, may punish its mem-
bers, for disorderly behavior, and by a vote of two-thirds of its
members may expel a member for malfeasance or misfeasance in
office. It shall cause a journal of its proceedings and its meetings to
be kept and its meeting shall be open except when by recorded vote
of two-thirds of the members present, the council shall decide that
the public welfare requires secrecy. The council in any investi-
gation held by it may order the attendance of any person as a
witness and the production by any person of any proper books and
papers. Any person refusing or failing to attend or testify or produce
such books and papers, may be summoned by the council before the
judge of the civil and police court, and upon failure to give a satisfac-
tory excuse, may be fined by him not exceeding the sum of one hun-
dred dollars, or imprisoned not exceeding thirty days, such person to
have the right of appeal as in cases of misdemeanor, to the corporation
court of said city. Such witness may be sworn by the officer presiding
at such investigation and shall be liable for prosecution for any false
testimony given at such investigation.

23. The council shall have all the general powers vested in it by
the Constitution and laws of the State, and it shall have power to en-
act ordinances providing for the exercise within its jurisdiction of all
police powers which the State itself may exercise under the Constitu-
tion, except such as may be specifically denied cities by act of the
general assembly ; and shall further have power:

First: To control and manage the fiscal and municipal affairs of
the city, and all property, real and personal, belonging to the city, and
make such ordinances, orders and by-laws, relating to the same as it
may deem proper and necessary.

Second: To purchase, hold, sell and convey all real and personal
property necessary for its uses and purposes.

Third: To establish markets in the city and regulate the same,
and to enforce such regulations in regard to the keeping and sale of
fresh meat, vegetables, eggs, and other green groceries, and the trade
of hucksters and junk dealers, as may be deemed advisable.

Fourth: To erect in or near the city limits suitable workhouses,
houses of correction or reformation, and houses for the reception and
maintenance of the poor and destitute. It shall possess and exercise
exclusive authority over all persons within the limits of the city receiv-
ing the benefits of the poor law; appoint officers and other persons
connected with any institution or house which it may establish, and
regulate pauperism within the limits of the city, and the council,
through a board of overseers of the poor or such other agencies as it
may appoint for the direction and management of the poor of the city,
shall exercise the powers and perform the duties vested by law in
overseers of the poor.

Fifth: To erect and keep in order all necessary public buildings ;
to establish and regulate public squares, airports, playgrounds, and
parks in or near the city, and to acquire by purchase, condemnation,
or otherwise, the land it may deem necessary for such uses, and tc
construct in such public squares, playgrounds or parks, as it may
maintain, or upon any city property, stadiums, swimming pools, and
recreation or amusement buildings, structures, or inclosures of every
character, refreshment stands, restaurants, et cetera; to charge fot
admissions, and use of the same, and to rent out or lease the privi-
leges of construction or using such swimming pools, recreation o1
amusement building, structures or inclosures of every character, re
freshment stands or restaurants, et cetera.

_ Sixth: To establish, maintain and enlarge water works or ga:
works within or without said city ; to contract with the owners of land
water and riparian rights, for the use or purchase thereof, or to hav
the same condemned for the location or enlargement of said works, o1
the pipes and fixtures thereof, and to acquire by purchase or condem.
nation such quantity of the watershed land adjacent to the intake o1
source of supply, as in the judgment of the said council may be neces.
sary to insure a sufficient supply of water for said city, and to protect
the same from pollution; to acquire by purchase or condemnatior
from lower riparian owners the right to divert streams into the present
or any future reservoir ; and to protect said water supply, works, pipes.
reservoirs and fixtures, whether within or without the city, against in-
jury and pollution, by appropriate ordinances and penalties, to be en-
forced as are other ordinances of said city.

Seventh: To establish or acquire by purchase and to maintain and
operate within or without the corporate limits suitable works for the
generation of electricity for illumination or other purposes, and to
supply the same to consumers in or near the city at such price and on
such terms as it may prescribe, and to the end may contract with
owners of land and water power for the use thereof, or may have the
same condemned. |

Eighth: To establish, or acquire by purchase, such other public
utilities, abattoirs and other enterprises, either within or without the
city, as may in its judgment be in the public interest, and to that end
may contract with owners of land, with or without buildings, for the
use or the purchase thereof, or may have the same condemned.

Ninth: To take care, supervision and control of streets, squares
and commons, and to close, vacate, abandon, extend, widen, narrow,
lay out, pave, graduate, grade, regrade, improve and otherwise alter
the streets in said city; to improve, repair, pave and repave sidewalks,
pavements and gutters, and set and reset curbs; have the streets prop-
erly lighted and kept in good order; build bridges in or culverts under
said streets or alleys, prevent or remove obstructions or encroachments
over, under or in the same; plant shade trees along the same, and pre-
vent the cumbering of streets, alleys, walks, public squares, lanes or
bridges in any manner whatever.

Tenth: To construct and own sewers, sanitary and storm water,
in and through the streets, alleys and other public ways or properties
or such other areas as may be acquired for the purpose, to adopt and
establish such rules, regulations and ordinances regulating the drain-
age and sewerage of the city, its streets, alleys and highways, and as to
the use of same as the council may deem expedient and necessary, and
to enforce same by reasonable fines and penalties, and to impose and
collect reasonable charges against persons for connecting with and
receiving service from any sewer or sewers owned by the city and to
collect reasonable service charges from all persons who obtain sewer
service through any such sewers by indirect connection through pri-
vately constructed sewers connected with such sewers owned by the
city.

Eleventh: To permit railroads to be built and to determine and
designate the routes and grade thereof; to permit poles for electrical,
telephone, or telegraph purposes to be erected, gas and steam pipes and
conduits for wires to be laid in the streets, and to prescribe an annual
license charge for the privileges granted hereunder; to regulate the
speed of engines and cars upon the railroads within the city and to
wholly exclude the same where the welfare of the city may demand it.

Twelfth: To provide for the weighing of hay, fodder, oats and
shucks or other long forage, ice, coal and live stock, and the measur-
ing of wood and lumber. To require every merchant or trader in
property of any description which is sold by measure or weight, to
have his weights and measures sealed by the city sealer, or other
officer designated to perform such duties.

Thirteenth: To provide for aid in the support or maintenance of
public free schools; to appoint the school board for the city, and to
designate the age of pupils to be admitted into the public schools and
the grade of such schools.

Fourteenth: To grant aid to military companies and to contribute
to the support of a band maintained within the city, to associations for
the advancement of agriculture or the mechanic arts, to scientific,
literary, educational or benevolent organizations or institutions and to
public libraries, provided such action is not prohibited by the Consti-
tution of the State, and that all such societies, organizations or institu-
tions be located in or near the city, and provided further that no ap-
propriation for any such purposes shall be made, nor shall aid be
otherwise granted through exemption from charge for use of water or
light facilities or otherwise, either with or without charge, beyond the
city limits, unless two-thirds of all the members elected to the council
vote therefor.

Fifteenth: To secure the inhabitants from contagious, infectious
or other dangerous diseases; to establish a quarantine ground; to pro-
vide and maintain hospitals; to compel the removal of patients to
Same; to appoint and organize a board of health or a department of
public welfare; to define its duties and grant to it the necessary au-
thority effectually to discharge same.

Sixteenth: To provide for the registration of births in the city,
and to that end may require physicians, midwives, or parents to re-
port the same to the board of health or department of public welfare
under such regulations as it may deem proper.

Seventeenth: ‘To provide in or near the city lands to be used as
burial places for the dead, to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of ground
therein; to prohibit the burial of dead within the city and to regulate
public cemeteries, and to require the return of bills of mortality by the
keepers of all cemeteries in or near the city.

Eighteenth: To compel the abatement and removal of all nuis-
ances within the city, or upon property owned by the city beyond its
limits, at the expense of the person or persons causing the same, or of
the owner or occupant of the ground or premises whereon the same
may be; to require all lands, lots and other premises within the city to
be kept clean, sanitary and free from weeds or to make them so at the
expense of the owners or occupants thereof; to regulate or prevent
slaughter houses or other noisome or offensive business within the said
city ; the keeping of animals, poultry or other fowl therein, or the ex-
ercise of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of articles through the
streets of the city; to compel the abatement of smoke and dust; to
prevent unnecessary noise therein; to regulate the location of stables
and the manner in which they shall be kept and constructed; to pro-
vide means for and to regulate the cleaning of all dry closets and to
assess against the owner or occupant of the premises on which the
same is located a reasonable charge therefor, which shall be collectible
as any other city taxes, and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, safety,
comfort, convenience and welfare of the inhabitants of the city.

Nineteenth: To authorize and regulate the erection of party walls
and fences, and to prescribe how the cost thereof shall be borne by co-
terminous owners.

Twentieth: To direct the location of all buildings for storing ex-
plosives or combustible substances; to regulate the sale and use of
gunpowder, nitro-glycerine, fireworks, kerosene oil or other like ma-
terials ; to. regulate the exhibition of fireworks, the discharge of fire-
arms and the making of bonfires in the streets and yards.

Twenty-first: To prevent fowls and animals being kept in or run-
ning at large in the city, or any thickly populated portion thereof, and
to subject the same to such taxes, regulations and confiscations as it
may think proper. , !

Twenty-second: To prevent the riding or driving of horses or
other animals at improper speed; to prevent the flying of kites, throw-
ing of stones, or engaging in any sort of employment in the public
streets which is dangerous or annoying to passersby, and to prohibit
and punish the abuse of animals.

Twenty-third: To regulate the use of automobiles and other auto-
motive vehicles upon the streets; to regulate the routes in or through
the city to be used by motor vehicle carriers operating in or through
said city and to prescribe different routes for different carriers; to pro-
hibit the use of certain streets by motor trucks; and generally to pre-
scribe such regulations respecting motor vehicle traffic therein as may
be necessary for the general welfare.

Twenty-fourth: To restrain and punish drunkards, vagrants and
mendicants; to prevent vice and immorality ; to preserve public peace
and good order ; to prevent and quell riots, disturbances and disorderly
assemblages, to suppress houses of ill-fame and gaming houses and
gambling devices of all kinds ; to prevent lewd, indecent and disorderly
conduct or exhibitions in the city, and to expel therefrom person:
guilty of such conduct who have resided therein less than one year.

Twenty-fiith: To prevent the coming into the city of persons
having no ostensible means of support, or of persons who may be
dangerous to the peace and safety of the city, and for this purpose may
require any railroad company bringing such passengers into the city
to enter into bond, with approved security, that such persons shall no‘
become chargeable to the city for one year, or may compel such com-
pany to take them back from whence they came, or compel such per-
sons to leave the city if they have been in the city more than six
months before the order is given.

Twenty-sixth: To regulate and control auction sales, livery stables,
garages, gasoline filling stations, slaughter houses, theatrical perform-
ances or other public shows or exhibitions, the hiring or use for pay
of carriages, carts, wagons and drays, automobiles and other automo-
tive vehicles, and the business of hawkers, peddlers, persons selling
goods by sample, persons keeping billiard tables, tenpin alleys and
pistol galleries for profit, and all other similar businesses and occupa-
tions and employments, and as to such trades, occupations and em-
ployments, and any other of a like nature, may grant or refuse license
as it may deem proper. -

Twenty-seventh: To compel persons sentenced to confinement in
the jail of the city for petty larceny or other misdemeanor or other
violations of the city ordinances to work on the public streets, parks
or Other public works of the city; and on the requisition of the judge
of the municipal court it shall be the duty of the sergeant of the city
to deliver such person to the duly authorized agent of the city for such
purposes from day to day as he may be required.

Twenty-eighth: ‘To divide the administrative work of the city into
such departments as the council, in its judgment, may deem proper and
to appoint a city engineer, city surveyor, city electrician, a building in-
spector, a collector of city taxes and assessments, a city attorney and
an auditor, and such other officers and employees as it may deem
proper and necessary, and to prescribe their respective powers and
duties, terms of office and compensation; and all such officers may
have such assistants and clerks as the council may approve. Any
office which the council has the power to fill by appointment or elec-
tion it may abolish or declare vacant at any time, whether the term of
office of the incumbent has expired or not; and it may likewise at any
time consolidate any such office with any other of the offices that the
council has the power to fill by election or appointment, or it may con-
solidate any such office with any office to which the incumbent is
elected by the voters of the city, provided that the fire and police de-
partments shall not be abolished. When a vacancy occurs in any office
to which the incumbent is elected by the council, the council is em-
powered to fill the vacancy, and when such vacancy occurs otherwise
than by the regular expiration of the term of the incumbent the elec-
tion shall be only for the unexpired term.
Twenty-ninth: To change the boundaries of wards and decrease
or increase the number thereof.

Thirtieth: To give names to or alter the names of streets.

Thirty-first: To make such regulations and orders as will protect
‘ts citizens from unsafe houses or walls, and to that end it shall have
the power to cause to be condemned and taken down any such building
or wall, but no such condemnation shall be made or such house or wall
taken down until the owner thereof, or in case of an infant or insane
person, his guardian or committee, be duly summoned before the
board of officers of the city, or the committee of the council thereof
charged by the ordinances with such duty, and allowed reasonable op-
portunity to show cause against such action.

Thirty-second: To provide for the regular and safe construction
of houses in the city for the future, and to provide a complete building
code for the city, and to provide setback lines on the streets beyond
which no building may be constructed.

Thirty-third: To designate and prescribe from time to time the
parts of the city within which no buildings of wood shall be erected,
and to regulate the construction of buildings in the city so as to pro-
tect it against danger from fire; and to enact an ordinance dividing the
city into zones under the provisions of the State law; and to provide
for a city planning commission and define its powers.

Thirty-fourth: To provide any penalty for the violation of any
city ordinance, not exceeding three hundred dollars, or three months’
imprisonment in the city jail, or both.

Thirty-fifth: To pass all by-laws, rules and ordinances not re-
pugnant to the Constitution and laws of the State which it may deem
necessary for the good order and government of the city, the manage-
ment of its property, the conduct of its affairs, the peace, comfort,
convenience, order, morals, health and protection of its citizens or
their property, and do such other things and pass such other laws as
may be necessary or proper to carry into full effect any power, au-
thority, capacity, or jurisdiction, which is or shall be granted to or
vested in said city, or in the council, court or officers thereof, or which
may be necessarily incident to a municipal corporation.

Thirty-sixth: To provide for the due publication in the news-
papers or otherwise of its ordinances and resolutions. ,

Thirty-seventh: To contribute funds or other aid to the building
or improvements of permanent public roads leading to the city, or of
bridges on such roads, or to the purchase of bridges on such roads by
an affirmative vote of at least two-thirds of the members elect of the
council, provided that no such appropriation shall be made toward the
building, purchase, or improvement of any road or bridge at a point
more than five miles beyond the corporate limits of the city measurec
along the route of such road. :

Thirty-eighth: No ordinance hereafter passed or amended by the
council for the violation of which any penalty is imposed shall take
effect until the same shall have been published in one of the daily news.
papers of said city to be designated by the said council, provided, how.
ever, that the requirements shall not apply to an ordinance merely
granting to a person some individual right or privilege nor to any ordi-
nance re-ordained or amended or re-ordained in or by compilation or
codification of said ordinances. The record or entry made by the clerk
of said city or a copy of such record or entry duly certified by him
shall be prima facie evidence of the time of such publication; and all
laws, regulations and ordinances of the city council may be read in
evidence in all courts of justice and in all proceedings before any office,
body or board in which it shall be necessary to refer thereto, either
from a copy thereof certified by the clerk of said city or from copies
thereof printed by authority of the city council.

39. There shall be a police department and a fire department which
may be incorporated into one department known as the department of
public safety, with the director therefor to be appointed by the city
manager.

First. (a) The city manager shall, through the director of the
department of public safety, if such department be established, appoint
a captain of police whose duties and bond shall be such as the council
may ordain. The city manager shall further, on nomination of the
captain of police through the director of the department of public
safety, if such office be established, appoint such number of policemen
as may be authorized by the council.

(b) The captain of police and policemen appointed as hereinbefore
provided, shall constitute the police force of the city and shall hold
their respective positions during good behavior or until they are re-
moved by the city manager.

(c) The police force shall be under the control of the city manager
for the purpose of enforcing peace and executing the laws of the State
and ordinances of the city. It shall perform such other duties as the
council may prescribe. For the purpose of enabling it to execute its
duties, every member thereof is hereby made a conservator of the
peace and endowed with the powers of a constable in criminal cases,
and with such other powers under the laws of the State as may be
necessary to the discharge of the duties of his office.

(d) The pay, uniform, rules and regulations of the said police
force shall be prescribed by the council.

Second. (a) The city manager shall, through the director of the
department of public safety, if such department be established, appoint
a chief of the fire department, whose pay, duties and bond shall be such
as the council may ordain. The city manager shall further, upon the
nomination of the chief, appoint such number of firemen as may be
authorized by the council. Vacancies in the force of firemen shall be
filled in like manner. The chief and firemen shall retain their position
during good behavior or until they are removed by the city manager.

(b) The pay, uniforms, rules and regulations of the said members
of the fire department shall be prescribed by the council.
CHAPTER VII—Bonps, Taxes, ETC.

40. The council may, in the name and for the use of the city, con-
tract debts and cause to be issued therefor notes or bonds. The coun-
cil may issue negotiable bonds of the city of Alexandria to pay for any
improvement or property which it is or may be authorized or required
by law to make or acquire, or for any other purpose which it is au-
thorized or required by law to undertake, or for which it is authorized
or required by law to expend money, or to refund bonds of said city
heretofore or hereafter issued, or to fund or pay indebtedness hereto-
fore or hereafter incurred for any such purpose or purposes. All bonds
of the city of Alexandria hereafter issued, except refunding bonds,
shall be made payable within the probable life of the improvement or
undertaking on account of which they are to be issued, or, if the bonds
are issued to fund or pay indebtedness then outstanding, within the
probable life of the improvement or undertaking for which said in-
debtedness was incurred. The determination of or by the council as to
the probable life of any such improvement or undertaking shall be
conclusive. In case of a bond issue for several different purposes,
having different probable lives, the council shall determine the aver-
age of said lives, taking into consideration the amount of the bonds to
be issued on account of each such purpose, and the bonds shall mature
within the average life so determined. All such bonds shall be serial
bonds, that is to say, the aggregate principal amount of each issue of
bonds shall mature in annual installments, commencing not more than
five years after the date of said bonds. Such annual installments may
be equal or unequal, as may be determined by the council. The city
council of Alexandria shall not issue bonds or other interest bearing
obligations to an amount, which including existing indebtedness, shall,
at any time, exceed eighteen per centum of the assessed valuation of
real estate in said city subject to taxation, as shown by the last pre-
ceding assessment for taxes; provided, however, that in determining
the limitation to the power to incur indebtedness, there shall not be in-
cluded the classes of indebtedness specially described in subdivisions
(a) and (b) of section one hundred and twenty-seven of the Constitu-
tion of Virginia. In the event that said bonds shall be issued for a
supply of water or other specific undertaking from which the city may
derive a revenue, the council may, in its discretion, authorize the is-
suance of said bonds by an ordinance enacted in the manner provided
by law and provide for the submission to the qualified voters of the
city of the question whether said bonds shall be issued in the manner
and subject to the limitations prescribed by section one hundred and
twenty-two of the Code of Virginia. In any other case, the council
may, in its discretion, authorize the issuance of bonds for one or more
purposes by ordinance or resolution and the power to issue said bonds
or to adopt such an ordinance or resolution shall not be subject to or
affected by any limitation or restriction prescribed by any other law.
The full faith and credit of the city of Alexandria shall be deemed to
be pledged for the punctual payment of the principal of and interest on
any bonds issued, and the council of the city of Alexandria shall have
power annually to levy and collect a tax ad valorem upon all taxable
property of the city sufficient to pay such principal and interest as they
become due. |

41. For the execution of its powers and duties the council may tax
all real and personal property in the city not exempt by law from
taxation, or segregated to the State for exclusive taxation, all cor-
porations located in the city or having their principal office therein and
not exempt by law from taxation, all moneys owned by or credits due
to any person living in the city, all capital of persons having a place of
business in the city and doing business therein and employed in said
business, though the said business may extend beyond the city; pro-
vided, that so much of said capital as is invested in real estate, or em-
ployed in the manufacture of articles outside of the city limits, shall
not be taxed as capital ; all stocks in incorporated joint stock companies
doing business in the city and by whomsoever owned and not exempt
by law from taxation; income, interest or money, dividends of banks
or other corporations, provided that no capital, interest or dividends
shall be taxed, when a license or other tax is imposed upon the busi-
ness in which said capital is employed, or upon the principal, money,
credits or stocks from which the interest, income or dividend is de-
rived; nor shall a tax be imposed upon stock of a corporation and
upon the dividends thereon ; and provided, further, that such property
has not been segregated to the State for exclusive taxation. Assess-
ments upon stocks and bonds shall be according to the market value
thereof. The council may by curative ordinances, ratify and confirm
assessments and levies of taxes heretofore or hereafter made, and the
acts of all ministerial officers in connection therewith, and any such
ordinance heretofore passed is hereby ratified and confirmed.

42. The council may impose a tax of not to exceed one dollar per
annum upon each resident of the city who has attained the age of
twenty-one years,

43. The council may impose a tax on merchants, commission mer-
chants, auctioneers, manufacturers, traders, lawyers, physicians, den-
tists, brokers, keepers, or ordinaries, hotel keepers, boarding-house
keepers, keepers of drinking or eating houses, keepers of livery stables,
garages, photographic artists of all kinds, agents of all kinds (in-
cluding the agents of insurance companies whose princpal office is not
located in the city), sellers of wines and other liquors, vendors of
quack medicines, public theatrical or other performances or shows,
keepers of billiard tables, tenpin alleys, pistol galleries, hawkers, ped-
dlers, sample merchants, railroad companies, canal companies, traction
companies, telegraphic companies, telephone companies, gas com-
panies, electric companies, express companies, insurance companies and
any other person, firm, corporation or employment, whether of like
kind with the foregoing or not, which it may deem proper, whether
such person, firm, corporation or employment be herein specifically
enumerated or not, and whether any tax be imposed thereon by the
State or not. As to all such persons, firms, corporations or employ-
ments, the council may lay a direct tax or may require a license tax
therefor under such regulations as it may prescribe and levy a tax
thereon ; and where it is not prohibited by the laws of the State or the
United States, may levy both a direct tax and a license tax thereon;
nothing in this section or elsewhere in this act shall be deemed to au-
thorize the imposition of a tax or license fee on any subject of taxation
or licensing, in any case where the taxation of such subject by cities
and towns is forbidden by general law, and this intent shall prevail
over any provisions in conflict herewith, which may be contained here-
in. But this section shall not render it legal to conduct within the city
any business, calling or vocation which, but for this section, would be
illegal.

44. The council may subject any person, who without having ob-
tained a license therefor, shall do any act or follow any employment or
business in the city, for which a license may be required by ordinance,
to such fine or penalty -as it is authorized to impose for any violation
of its laws.

45. The city collector and treasurer and any other collector of
funds due to the city which it may appoint, shall have any or all of the
powers which are now or which may be hereafter vested in any officer
of the State charged with the collection of State taxes, and may collect
the same in the same manner in which State taxes are collected by
any officer of this State. No deed of trust or mortgage upon goods and
chattels shall prevent the same from being distrained or sold for taxes
assessed against the grantor in such deed while such goods and chattels
remain in the possession of the grantor, nor shall any such deed pre-
vent the goods and chattels conveyed from being distrained and sold for
the taxes assessed thereon, no matter in whose possession they may be
found.

46. All moneys received or collected for the use of the city shall
be paid over, held and disbursed as the council may order or prescribe.

47. A tenant from whom payment of taxes on his landlord’s prop-
erty shall be obtained by distress or otherwise shall have credit for the
same against such person on account of his rent, unless by contract the
tenant is to pay such taxes.

48. The council may impose penalties for the nonpayment of city
taxes and levies and for the failure to make any return required by
law for the assessment of taxes, and may cause such penalties to be
added to the amount of taxes and levies due from taxpayers, as it may
by ordinance or resolution from time to time prescribe; and after such
penalty has been added, the city collector, treasurer, and all other officers
of the city authorized to collect taxes and levies due the city council of
Alexandria, shall have the power of distress, garnishment or action
and any other power now possessed or that may hereafter be given to
any person charged with the collection of State taxes after the penalty
for the nonpayment of State taxes has been added. Should it come to
the knowledge of the city collector that any person, firm or corpora-
tion owing taxes or levies to the city is moving or contemplating mov-
ing therefrom prior to the time said penalty may be added by the
council, he shall have the right to collect the taxes by distress, gar-
nishment, suit or action or otherwise at any time after such bills for
taxes have come into his hands.

49. The council of the city of Alexandria may require a list of all real
estate in the city of Alexandria delinquent for the nonpayment of taxes
thereon for the preceding year to be recorded by the clerk in a book of
delinquent taxes to be kept in the clerk’s office, indexed in the name of
the party against whom said tax is assessed, and the clerk shall be paid
for so recording said list of delinquent taxes the same sum that he has
heretofore been paid for recording delinquent State taxes.

50. There shall be a lien on all real estate and on each and every
interest therein within the corporate limits for all taxes, levies, or
charges assessed thereon or against the same, or upon or against the
same or upon or against the owner or owners thereof, under the pro-
visions of this charter, or by the ordinance of the city council, from
the commencement of the assessment of such taxes, levies or charges
in each year for which the same are levied or assessed, which lien shall
have priority over all other liens except the lien for State taxes. The
city council may require real estate within the city returned delinquent
for the nonpayment of taxes, levies or charges assessed thereon, or
charged against the same under the provisions of this charter to be
sold for said taxes, levies, or charges, with interest thereon at the rate
of six per centum per annum, from the day first fixed by the ordinance
of the city council for the payment of such taxes, levies or charges
into the treasury of the city until payment and such per centum as the
city council may prescribe for charges and expenses of advertisement
and sale. Such real estate may be sold and may be redeemed under the
provisions hereinafter provided; or the said city council may, after
any such real estate has been returned delinquent for two years or
more for the nonpayment of the taxes, levies or charges assessed
thereon, or charged against the same, institute a suit in equity, either
in the corporation or circuit court of the city of Alexandria, to enforce
the lien before named for any taxes, levies or charges and interest there-
on, unpaid, whether such lien commence heretofore or that may here-
after arise, and in such suit the land and improvements on which the
taxes, levies or charges were assessed may be sold, and all taxes,
levies and charges thereon, to the day of sale with interest accrued
thereon, and the penalties, including reasonable counsel fees, the costs
of suit and of said sale, paid from the proceeds of said sale. And in
its decree for distribution, the court shall direct the payment out of
the proceeds of sale of costs of suit, including reasonable compensation,
levies and charges, and interest and penalties collected, to the counsel
prosecuting the suit, in addition to the docket fee and after such pay-
ments, the payment of taxes, levies and charges, and interest and pen-
alties out of the proceeds to the city collector or treasurer of the city of
Alexandria, the surplus, if any, of such proceeds shall be paid to the
owner of the property. Nothing herein contained shall be construed
as interfering in any way with the other remedies and methods pro-
vided by this charter and the laws made in pursuance thereof, for the
collection of taxes, but such suit in equity shall be an additional
remedy to the others provided by this charter.

Sl. The city collector shall, under the direction of the city council,
cause a notice of the time and place of such sale to be published at
least in one daily newspaper, published in said city, at least ten days
previous to such sales; and he shall also cause to be published in one
of said daily newspapers on same day, not more than twenty days or
less than ten days, previous to such sale, a list of the several parcels
of real estate so to be sold in the same manner as the same is described
in the assessment rolls in which the said tax or assessment is imposed
thereon, together with the name of the persons to whom each parcel
is assessed, and the amount of the tax or assessment thereon.

92. If such a tax or assessment, and the percentage, interest and ex-
penses aforesaid, be not paid previous to the day for which said sale
was advertised, or on some day immediately thereafter, to which said
sale may be adjourned, the city collector shall proceed to make sale
accordingly of the said several parcels of real estate, or so much there-
of as may be necessary, to the highest bidder; and the sale may be
adjourned from day to day until it shall be completed. On such sale
the city collector shall execute to the purchaser a certificate of sale, in
which the property purchased shall be described, and the aggregate
amount of the tax or assessment, with charges and expenses specified ;
but the city collector shall not, for himself, either directly or indirectly,
purchase any real estate so sold. .

53. If at any such sale no bid shall be made for any such parcel
of land, or such bid shall not be equal to the tax or assessment, with
interest and charges, then the same shall be struck off to the city. As
soon as practicable after the completion of such sales the city collector
shall make out a list of all sales made to the city, or to others, in which
the property purchased shall be described, and the aggregate amount
of tax or assessment with charges and expenses specified, and shall de-
posit the same with the city auditor, and a copy thereof with the clerk
of the corporation court, who shall record the same in a book kept for
the purpose, and indexed as heretofore provided for State taxes.

54. The owner of any real estate so sold, except when sold by
order of court in an equity suit, his heirs or assigns or any person
having a right to charge such real estate for a debt, or any person
having an interest in said real estate by way of diversion, remainder,
or otherwise, may redeem the same by paying to the purchaser, his
heirs or assigns, within two years from the sale thereof, the amount
for which the same was sold, and such additional taxes thereon as may
have been paid by the purchaser, his heirs or assigns; or if purchased
by the city, with such additional sums as would have accrued for taxes
thereon, if the same had not been purchased for the city, with interest
on the paid purchase money and taxes, at the rate of twelve per centum
per annum from the time that the same may be paid within the said
two years to the city collector in any case in which the purchaser, his
heirs or assigns, may refuse to receive the same, or may not reside or
cannot be found in the city of Alexandria.
55. Any infant, insane person, or person imprisoned, whose real
estate may have been sold, or his heirs, may redeem the same by pay-
ing to the purchaser, his heirs or assigns, within two years after the
removal of the disability, the amount for which the same was so sold,
with the necessary charges incurred by the purchaser, his heirs or
assigns, in obtaining the title under the sale, and such additional taxes
on the estate as may have been paid by the purchaser, his heirs or
assigns, and the appraised value of any improvement that may have
been made thereon, with interest on the said items at the rate of six
per centum (6%) per annum within two years after the removal of
such disability, the purchaser, his heirs or assigns, shall, at the cost of
the original owners, his heirs and assigns, convey to him or them, by
deed with special warranty, the real estate sold.

56. The purchaser of any real estate sold for taxes and not re-
deemed shall, after the expiration of two years from the sale, obtain
from the city auditor a deed conveying the same, wherein shall be set
forth what appears in his office in relation to the sale. In no case shall
a deed to any such real estate be made by any such purchaser until after
he has given to the person in whose name the real estate so sold stood
at the time of said sale and to the person to whom said real estate so
sold has been conveyed of record subsequent to the time of such sale
or if any of said persons be dead, then to his or their personal repre-
sentative and heirs or devisees, and to the trustees, mortgagees and
beneficiaries, as shown by the records in any deed of trust or mort-
gage on said real estate, or their personal representatives, four months
written notice of his said purchase; provided that no notice need be
given to any trustee, mortgagee, or beneficiary in any deed or trust or
mortgage which has been recorded or the lien thereon renewed, more
than twenty years prior to the date of such sale; and the person en-
titled to redeem the said real estate shall have such right of redemp-
tion at any time before the expiration of said four months, although
such time extend beyond the two years mentioned herein. When the
purchaser has assigned the benefit of his purchase, the deed may, with
his assent, evidenced by his joining therein, or by writing annexed
thereto, be executed to his assignee. If the purchaser shall have died
his heirs or assigns may move the corporation court of said city to
order the auditor to execute a deed to such heirs or assigns.

57. When the purchaser of any real estate sold for taxes, his heirs
or assigns, shall have obtained a deed therefor, and within sixty days
from the date of such deed shall have caused the same to be recorded,
such estate shall stand vested in the grantee in such deed as was vested
in the party assessed with the taxes, on account whereof the sale was
made, at the commencement of the year for which the said taxes were
assessed, notwithstanding any irregularity in the proceedings under
which the said grantee claims title, unless such irregularity appears on
the face of the proceedings ; and if it be alleged that the taxes for the
nonpayment of which the sale was made, were not in arrear, the party
making such allegation must establish the truth thereof by proving
that the taxes were paid; but nothing in this section shall be construed
to affect or impair the lien of the city on the real estate and on each
and every interest therein, or to affect, limit, or impair, the right of
the city, when it becomes a purchaser of real estate under the pro-
visions of this charter. |

58. In case that any real estate struck off to the city as hereinbe-
fore provided shall not be redeemed within the time specified, the audi-
tor shall, within sixty days after the expiration of two years from the
sale, cause to be recorded in the clerk’s office of the corporation court,
a certificate of sale with his oath that the same has not been redeemed,
and thereupon the said corporation or its assignee, shall acquire an
absolute title in fee to such real estate, and every interest therein, for
life, in reversion, in remainder or otherwise, subject to be defeated only
by proof that the taxes for which said real estate was sold were not
properly chargeable thereon, or that the taxes properly chargeable
thereon had been paid at the time of the execution of said certificate.
The said certificate shall be recorded in the said clerk’s office in a
record book known as “deed book, recording conveyances to city of
lands sold for delinquent taxes,” for recording which certificate the
clerk shall be entitled to a fee of ten cents payable out of the city
treasury. The city council may impose penalties upon its officers for
their failure to comply with the requirements of this section. The
said certificate, or the record thereof, or a certified copy thereof, shall,
in all courts and other places, be evidence of the facts therein stated ;
provided, however, that the failure to obtain or record such certificate
shall not invalidate the lien of the city for all taxes assessed against
such real estate, but the city may at any time, elect to enforce its lien
for taxes in a court of equity and release its right as purchaser, or to
become a purchaser of such real estate.

59. When lands and lots returned delinquent for taxes are sold for
taxes and have been redeemed as hereinbefore provided, and a receipt
of the city collector or a receipt of the purchaser at the tax sale show-
ing that all taxes, costs or other expenses to which he is entitled upon
such redemption, duly assigned by him and acknowledged as a deed is
required to be acknowledged, has been delivered to the clerk of the
corporation court, the clerk shall endorse the satisfaction of such pay-
ment upon the delinquent land book opposite the entry of such tract
or lot for the year or years for which it was redeemed, or in case the
property has been purchased, on the delinquent sales book for the year
or years for which it was sold to the purchaser. The clerk shall re-
ceive a fee of twenty-five cents to be paid by the person for whose
benefit the endorsement was made for endorsing the fact of redemption
or payment on the delinquent land book or sales book.

CHAPTER VIII—StreEeEtTs, DAMAGES, ETc.

60. In every case where there has been or shall be encroachments
upon a street by a fence, building or otherwise, the judge of the cor-
poration court may upon petition of the council of the city of Alexan- -
dria, require the owner to remove the same. If such removal shall not
be made within the time ordered, the court may impose a penalty with-
in the limits prescribed for the violation of other provisions of this
ordinance of the city, and may cause the encroachment to be removed
at the risk and cost of the owner, although the right to impose such
penalty or require the removal of such encroachment involves the
validity of a bona fide title to real estate.

61. Wherever any ground shall have been opened to and used by
the public as a street for ten years it shall be considered as dedicated
to the public and the city shall have the same authority and jurisdic-
tion over and right and interest therein as it has over other streets.

62. No property within the territorial limits of the city shall be
laid out by the owner thereof with streets and alleys therein except
upon a plan to be first approved by the council. Any street or alley
reserved in the division or subdivision into lots of any portion of the
territory within the corporate limits of the city by a plan or plat of
record shall be deemed and held to be dedicated to the public use and
the council shall have authority, upon the petition of any person inter-
ested therein, to open any such street or alley or any portion of the
same. No agreement between or release of interest by the persons
owning the lands immediately contiguous to any such alley or street,
whether the same has been opened or used by the public or not, shall
avail or operate to abolish said alley or street so as to divest the in-
terest of the public therein or the authority of council over the same;
provided, however, that the right may be reserved by the owner of any
subdivision and set forth on said plat to modify said plat by abolishing
any block with the streets or alleys in said block, provided no lot has
been sold in said block, and provided, further, that no such change
shall be made which shall cut off the owner of any other property
from convenient access to the main avenues of the city; and provided,
further, that where said plat has been submitted for approval by the
council before its recordation, no such modification shall be allowed
without the approval of the council.

63. (a) In any action against the city to recover damages against
it for any negligence in the construction or maintenance of its streets,
alleys, lanes, parks, public places, sewers, reservoirs or water mains,
where any person or corporation is liable with the city for such negli-
gence, every such person or corporation shall be joined as defendant
with the city in any action brought to recover damages for such negli-
gence, and where there is judgment or verdict against the city, as well
as the other defendant, it shall be ascertained by the court or jury
which of the defendants is primarily liable for the damages assessed.

(b) If it be ascertained by the judgment of the court that some
person or corporation other than the city is primarily liable, there shall
be a stay of execution against the city until execution against such per-
son or persons or other corporation or corporations shall have been
returned without realizing the full amount of such judgment.

(c) If the city, where not primarily liable, shall pay the said
judgment in whole or in part, the plaintiff shall, to the extent that said
judgment is paid by the city, assign the said judgment to the city
without recourse on the plaintiff, and the city shall be entitled to have
execution issued for its benefit against the other defendant or defend-
ants who have been ascertained to be primarily liable, or may institute
any suit in equity to enforce the said judgment, or an action at law, or
scire facias to revive or enforce said judgment.

64. No action shall be maintained against the city for damages
for any injury to any person or property alleged to have been sus-
tained by reason of the negligence of the city or any officer, agent, or
employee thereof, unless a written statement, verified by the oath of
the claimant, his agent or attorney, or the personal representative of
any decedent whose death is the result of the alleged negligence of the
city, its officers, agents or employees, of the nature of the claim and
the time and place at which the injury is alleged to have occurred or to
have been received, shall have been filed with the city attorney of said
city within sixty days after such cause of action shall have accrued.
And no officers, agents or employees of the city shall have authority
to waive such conditions precedent or any of them.

CHAPTER IX

65. All laws, parts of laws, ordinances or resolutions adopted by
the city council of Alexandria, under and in pursuance of former char-
ters of the city not in conflict with this charter or the laws of this State
or of the United States, are continued in full force.

66. All acts and parts of acts inconsistent with this act are hereby
repealed ; and all acts and parts of acts in any manner or way concern-
ing the city of Alexandria and the rights of the people thereof, or any
of them, not inconsistent with this act, shall be in full force, to all in-
tents and purposes, as if this act had never been passed.

67. This act shall be published by the city of Alexandria in some
daily newspaper of general circulation in said city at least four times
before the election provided for herein, the first publication to be im-
mediately following the passage of this act.

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