Chap. 429.—An ACT to amend and re-enact sections 19f, 28a, 29 and 37 of an act
entitled an act to provide a new charter for the City of Richmond, approved
March 24, 1926, as heretofore amended. [H B 397]

Approved April 2, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections nineteen-f, twenty-eight-a, twenty-nine and thirty-seven of
an act entitled an act to provide a new charter for the City of Rich-
mond, approved March twenty-fourth, nineteen hundred and twenty-
six, as heretofore amended, be amended and re-enacted so as to read
as follows:

19f. To establish, construct, maintain, keep in order, alter or
wannaie landinga wharwvec Ancle canale and ctreete and annroaches
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
landings, 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 ob-
structions 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 there-
upon be forever discharged from any public use or easement or from
any obligation 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 pro-
visions 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 expense, maintain the provision so made, and in the
event of such abandonment, 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 acquire 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,
and may provide and operate such connections by ferries, bridges, or
otherwise, as may be necessary for transportation between the sections
of land divided by such canals. They may also appoint a port au-
thority for the port of said city, who shall exercise such powers and
perform such duties as the Council may prescribe. 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 proper committee of persons
to be designated by the said Council. The Council of said city shall
also have the power to construct, operate and maintain crossings,
switchings, spurs, tracks, terminals, and terminal facilities of every
kind used and necessary in the transportation of property, and to
perform any and all services in connection with the receipt, delivery,
shipment and transfer in transit, weighing, marking, tagging, ventila-
tion, refrigeration, icing, storage and handling of property transported,
and to do any or all of those acts through its own officers, agents and
employees, or by contracting with one or more persons, firms, associa-
tions, or corporations for the doing of any or all of those acts by one
or more of such persons, firms, associations, or corporations.

28a. The mayor of the City of Richmond is hereby directed to
designate the directors of the departments hereinbefore provided for,
who shall together with the city comptroller, constitute an advisory
board, of which the mayor shall be a member and ex-officio chairman,
to whom the head of any department may refer for their final adjudi-
cation, all questions arising concerning the administration of his de-
partment, of which questions the said advisory board shall take
cognizance and finally determine, should they be of opinion that the
question submitted is one which should properly be referred to them
for determination, rather than for the determination of and action
by the head of the department. The determination of any question
thus submitted to the advisory board shall be decided by a majority
vote of the whole board, including the mayor. The determination of
the board, when made on the conditions above stated, shall be final
and conclusive upon the heads of all the departments, and shall govern
their actions in the premises. And said board shall have such other
powers and duties as may be conferred upon them by this charter or
from time to time by ordinances or resolutions of the council not in
conflict with the provisions of this charter.

The respective heads of the department of finance, department of
public works, department of public welfare, department of public
utilities and the department of public safety shall annually, before
the beginning of each fiscal year submit to the advisory board a com-
plete schedule showing the number and character of the officers, assis-
tants, clerks and other employees deemed necessary for the proper
operation of their departments, respectively, and showing the com-
pensation proposed to be paid to each, which schedules and scales of
wages may be amended in such manner as the advisory board may
determine, and as amended shall be returned to the head of the de-
partment submitting the same, and shall be final and conclusive and
operate to control such heads of departments in the conduct of their
respective departments. The said advisory board shall keep a record
of all of their proceedings, and have properly filed and preserved
papers and documents relating thereto, and to that end they are
hereby authorized to designate some person in some one of the de-
partments to act in that capacity.

29. The heads of the several departments shall have the exclusive
control of the doing of all work necessary for their respective depart-
ments and the purchasing of all supplies and materials therefor in
accordance with the ordinances and resolutions of the Council; pro-
vided, however, that no contract in excess of one thousand dollars,
made for the purposes aforesaid, shall be effective until it shall have
been approved by the advisory board, and then only after an ordi-
nance or resolution making the appropriation therefor, unless an
appropriation covering the same has already been made in the annual
budget, except in cases of emergency, where great loss or damage to
the city would ensue, and in such cases the head of the department in
which such emergency exists shall file with the comptroller a certificate,
showing the nature of such emergency and the necessity for the ex-
penditure. All contracts for work or material shall only be let after
due advertisement and bidding, where practicable, and the heads of
the respective departments shall have the power to reject any and all
bids, and order new bidding, or, in their discretion, let the contract
without further bidding. And the advisory board is hereby required
to make and promulgate rules and regulations as to the advertisement,
bidding and letting to contract of work to be done and materials to
be furnished for the city. The heads of the departments shall approve
all bills against the city for work done for the city and for all materials
furnished under any contract for the city which they are authorized
to make, and no bill for such work or supplies shall be paid by the
comptroller unless the same has been so approved and certified by
the head of the department as correct; provided, that the head of
each department may authorize and direct a responsible assistant in
his department to approve and certify as correct salaries, bills and
other charges against the City of Richmond, and after receipt of
written notice from the department head of such authority in such
assistant, the Comptroller may pay any and all such charges upon
approval and certification by such duly authorized assistant, unless
and until the Comptroller has received written notice from that de-
partment head of the revocation of such authority of such assistant;
provided, however, that the Council of the City of Richmond may
at any time provide for the establishment of a storeroom and ware-
house and the appointment of a purchasing agent to take charge of
the same and to purchase and distribute all materials and supplies
needed by the city or any of the departments thereof, and adopt
rules and regulations concerning the same.

37. All money found to be due and payable by the said Comp-
troller to any person shall be drawn for by said Comptroller by war-
rant on the treasury stating the particular fund or appropriation to
which the same is chargeable and the person to whom payable; and
no money shall be drawn from the treasury except on warrant of the
Comptroller as aforesaid, countersigned by the collector of city taxes.
But the Comptroller is forbidden to issue his warrant for the payment
»f any money in excess of the appropriation on account of which said
money is drawn, provided that between the commencement of any
fiscal year and the passage of the annual appropriation ordinance for
such fiscal year, the comptroller may pay salaries in such amounts as
shall be fixed in accordance with law and also pay bills and other
charges against the City of Richmond, when the same are properly
approved by the heads of the respective departments; provided that
the head of each department may authorize and direct a responsible
assistant in his department to approve and certify as correct salaries,
hills and other charges against the City of Richmond, and after re-
ceipt of written notice from the department head of such authority
'n such assistant, the Comptroller may pay any and all such charges
upon approval and certification by such duly authorized assistant,
unless and until the Comptroller has received written notice from
that department head of the revocation of such authority of such
assistant.

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