Chap. 481.—An ACT to provide a new charter for the City of Fredericksburg,
Virginia, and to repeal the existing charter of the said city, and all other acts or
parts of acts in conflict therewith. : [H B 530]

Approved April 7, 1942
1. Beit enacted by the General Assembly of Virginia, as follows:

CHAPTER 1. THE CITY, ITS BOUNDARIES
AND GENERAL POWERS

, Section 1. The inhabitants of the City of Fredericksburg, Virginia,
within the boundaries as now established or hereafter established in the
manner provided by law, shall continue to be a body corporate and politic
by name the City of Fredericksburg, and under that name shall have
perpetual succession ; may use a corporate seal ; contract and be contracted
with; may sue and be sued; may acquire property within or without its
boundaries for any municipal purpose, in fee simple or lesser interest or
estate, by purchase, gift, devise, lease or condemnation and may sell, lease,
hold, manage and control such property as its interests may require, and,
except as prohibited by the Constitution of Virginia or restricted by this
charter, the City of Fredericksburg shall have all municipal powers,
functions, rights, privileges and immunities of every name and nature
whatsoever.

Section 2. The city shall have the power to furnish all local public
service, to purchase, hire, construct, maintain and operate or lease public
utilities and to acquire by condemnation or otherwise, within or without
the city limits, land and property necessary for such purpose. The city
shall have full and complete powers to operate any public utility it now
owns or may hereafter acquire, so as to enjoy for its citizens fully and
completely, all benefits to be derived therefrom.

Section 3. The enumeration of particular powers by this charter
shall not be held or deemed to be exclusive, but, in addition to the powers
enumerated herein, implied hereby or appropriate to the exercise hereof,
it is intended that the City of Fredericksburg shall have, and may exercise,
all powers which, under the Constitution of Virginia, it would be com-
petent for this charter specifically to enumerate. All powers of the city,
whether express or implied, shall be exercised in the manner prescribed
by this charter, or if not prescribed herein, then in the manner provided by
ordinance of the council.

Section 4. The corporate limits and boundaries of the city of Fred-
ericksburg, Virginia, shall be as now established, the said limits being
described as follows: ,

“Beginning at a point formed by the intersection of the former
northern corporate boundary of the City of Fredericksburg, extended
north fifty-six degrees and thirty-four minutes east, eighty-nine feet from
the former north corner of the corporate boundary of the city, and the
4 ACTS OF AssSEM DUI ) i ne

esent low water line on the southwestern bank of the Rappahannock
ver; thence following the meanders of the said southwest bank up-
-eam the following five courses and distances north twenty-six degrees
ur minutes and twenty seconds west, seven hundred and eleven and
ne-tenths feet; thence north thirty-nine degrees twenty-eight minutes
1d forty-five seconds west, four hundred and twenty-six and two-tenths
et; thence north fifty degrees thirty-five minutes and forty seconds west,
ree hundred and eleven and nine-tenths feet ; thence north seventy-three
egrees forty-six minutes and five seconds west, four hundred and eleven
id four-tenths feet ; thence south eighty-two degrees forty-seven minutes
nd fifty-five seconds west, two hundred and sixty-nine and nine-tenths
set ; thence leaving the river south thirty-nine degrees and thirty seconds
rest, seventeen hundred and seventy-one and six-tenths feet, by and with
ae southeast boundary of Amaret Street, to a point in said boundary
ormed by its intersection with the southeast boundary of U. S. alternate
Jighway No. one; thence along the southeast boundary of U. S. alternate
Jighway No. one south twenty-seven degrees, forty-eight minutes and
hirty seconds west, four hundred and sixty-six and two-tenths feet, to a
point formed by the ‘ntersection of the southeast boundary of U. 5S.
‘Iternate Highway No. one and the southeast boundary of Fall Hill
Avenue; thence running with the southwest boundary of Fall Hill Avenue
the following two courses and distances; south sixty degrees eleven
minutes and fifty seconds east, fve hundred and ninety-three and five-
fenths feet; thence south forty-six degrees and forty-four minutes east,
seven hundred and seventy-six and one-tenth feet, to a cross cut in a
stone at the point formed by the intersection of the said southwest side of
Fall Hill Avenue and the southeast boundary of the ‘Snowden’ property |
thence along the said ‘Snowden’ boundary, south fifty degrees thirteer
minutes and thirty-five seconds west, thirty-one hundred and sixty-tw¢
and three-tenths feet to a point in the ‘Snowden’ boundary formed by it:
sntersection with a line forty feet southeast of and parallel to the cente:
line of U. S. alternate Highway Number one; thence southerly with sai
parallel line, on the arc of a circle having a radius of twenty-eight hundre
‘and sixty-five feet, a distance of three hundred and nine feet ; thence con
tinuing with a line forty feet from and parallel to the center line of U.S
alternate Highway Number one south sixteen degrees, nine minutes an
fifty seconds west, eleven hundred and ninety-one and four-tenths fee
to a point formed by the ‘ntersection of said parallel line and the northea:
boundary of Avenue “E” as laid out by the Fredericksburg Developme
Company ; thence with said east boundary of Avenue “E” south twenty
nine degrees and ten seconds, twenty-six hundred and twenty-three fee
to its intersection with the northwest boundary of State Highway Rou
three, generally known as the Plank Road; thence with said bounda:
of Route three south fifty-three degrees forty-two minutes and thirty-fr
seconds west, four hundred and fifty-six and seven-tenths feet, to :
intersection with the southwest boundary of High Street ; thence with sa
southwest boundary of High Street south thirty degrees fifty-nine minut
and fifteen seconds east, two hundred and fifty-three and five-tenths fe
to its intersection with the southeast boundary of Hanover Street, ther
with said southeast boundary of Hanover Street north seventy-one de-
grees thirty-five minutes and twenty seconds east, fifteen hundred and
sixty-six and nine-tenths feet, to a tack in a stake at the southwest corner
of Hanover Street and Avenue “C” ; thence leaving Hanover Street south
twenty-eight degrees two minutes and forty seconds east, ten hundred
and seventy and one-tenth feet ; to an iron pipe one foot north of the north-
west corner of the U. S. National Cemetery; thence parallel with the
north boundary of said cemetery north eighty-four degrees four minutes
and twenty-five seconds east, eight hundred and eight and seven-tenths
feet, to the east boundary of Sunken Road ; thence with said east boundary
of Sunken Road south fourteen degrees thirty-nine minutes and ten
seconds east, three hundred and thirty-six and three-tenths feet, to its
intersection with the east boundary of U. S. Highway Route Number
one; thence with said east boundary of Route one south seven degrees
fifty-eight minutes and twenty seconds west, four hundred and seventy-
seven and six-tenths feet, thence leaving U. S. Route one and with the
southwest boundary of the city lot, south thirty-five degrees and twenty-
five minutes and twenty-five seconds east, one hundred and fifteen and
eight-tenths feet, to the northwest boundary of the Virginia Central
Railway Company’s right of way; thence with said northwest boundary
of right of way the four following courses and distances; north fifty-five
degrees forty-one minutes and thirty-five seconds east, forty feet ; thence
north fifty-one degrees thirty minutes and fifty-five seconds east, one hun-
dred feet; thence north forty-eight degrees twenty-six minutes and fifty-
five seconds east, one hundred feet; thence north forty-seven degrees
thirty minutes and fifty-five seconds east, three hundred and seventy-
seven feet to its intersection with the former southwest corporate
boundary of the city ; thence with the former corporate boundaries of the
city the following two courses and distances; south twenty-six degrees
and twenty-eight minutes east, twenty-three hundred and six and four-
tenths feet, thence north sixty-three degrees thirty-six minutes and fifty
seconds east, three hundred and seventy-five feet; thence leaving the
former corporate boundary and running with the east right of way
boundary of the Richmond, Fredericksburg and Potomac Railway south
fifty-four degrees and fourteen minutes east, fourteen hundred and sixty-
six and seven-tenths feet, to its intersection with the southeast boundary
of Howison Street as laid out by the Fredericksburg Development Com-
pany; thence with the said southeast boundary of Howison Street north
fifty-six degrees five minutes and fifty seconds east, seventeen hundred
and seventy-two and two-tenths feet, to its intersection with the east
boundary of U. S. Highway Route seventeen, or Dixon Street extended ;
thence with said east boundary of Dixon Street, by the arc of a four
degree curve, five hundred and twenty-six and one-tenth feet in length
and whose long chord is north fourteen degrees forty-five minutes and
fifty seconds west, five hundred and twenty-three and one-tenth feet:
thence continuing with said east boundary of Dixon Street, north three
degrees fifty-three minutes and forty seconds west, four hundred and
eighty feet; thence north five degrees thirty-nine minutes and twenty
seconds west, one hundred and eighty-two and six-tenths feet, to an
936 ACTS. OF ASSEMBLY [va., 1942

intersection of said east boundary of Dixon Street and the former south-
east corporate boundary of the city, thence with said corporate boundary
north sixty-three degrees thirty-six minutes and fifty seconds east,
seventeen hundred and thirty-seven and six-tenths feet, to the low water
line of the Rappahannock River ; thence northwestwardly, up-stream, by
and with the meanders of said low water line of the Rappahannock River,
to the beginning.” , ,

Section 5. The boundaries of said city as now or hereafter estab-
lished, together with a city plat, shall be recorded among the deeds in the
office of the clerk of the circuit court of said city.

CHAPTER 2. GOVERNMENT AND
ADMINISTRATION

Section 6. The government and administration of the city shall be
vested in the mayor, one body to be called the council of the City of Fred-
ericksburg, and in one administrative officer, to be styled the city manager,
and in such other departments, boards and other officers as are herein-
after provided for, or as are permitted or required by law, appointed by
the council. , ,

Section 7. The council shall consist of twelve members who shall
hold office for a term of four years from the first day of September, next
ensuing their election, unless sooner removed by death, resignation or
other cause. Members of the council shall be elected at large and all ward
lines are abolished. :

There shall be elected on the second Tuesday in June, nineteen
hundred and forty-two, six members and every two years thereafter on
the same date, six members. Vacancies in the council shall be filled within
thirty days by a recorded majority vote of the council, and those elected
to fill such vacancies shall hold office for the unexpired term of the coun-
cilmen whose places they fill, unless sooner removed by death, resignation
or other cause. Members of the council shall be qualified electors of the
city and shall hold no other public office while serving as such, except
that of notary public. ,

- The term of members of the present council shall expire at the time
fixed by the law in effect when they were elected.

Section 8. No candidate for the council or mayor shall promise any
money, office, employment or other thing of value to secure his nomi-
nation or election, or expend in connection with his candidacy any money
except as permitted by the election laws of the State, and any such candi-
date violating this provision shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding five hundred
dollars, or imprisonment for a term not exceeding six months, or both,
in the discretion of the court or jury, and shall forfeit his office, if elected,
in event of said forfeiture the person securing the next highest number of
votes shall be entitled to said office, provided he has not violated the
provisions of this section. Ts ,

Should all of the candidates for council or mayor be disqualified
hereunder, then the vacancies shall be filled by election by the council. :
‘Section 9. Neither the council nor any of its members ‘shall dictate
the appointment of any person to office or employment by the city man-
ager, Or, in any manner interfere with the city manager or prevent him
from exercising his own judgment in the appointment of officers or
employees in the administration service. Except for the purpose of in-
quiry, the council and its members shall deal with the administration
service solely through the city manager and neither the council nor any
member thereof shall give orders to or interfere with, any of the sub-
ordinates of the city manager, either publicly or privately. ,

Section 10. No person elected to the council whether he qualify
or not, shall during the term for which he was elected or twelve months
after the expiration of that time, be elected by the council or appointed
by the city manager, to any position or office of trust or profit of the city.

Section 11. The council shall elect one of its members to preside
over its meetings, who shall be entitled, president, 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 incapacity. The president and vice-presi-
dent shall be elected for a term of two years and any vacancy in the
offices shall be filled by the election by the council for the unexpired term.

Section 12. The council shall meet at such times as may be pre-
scribed by ordinance, or resolution, provided, however, that it shall hold
at least one meeting 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. |

Section 13. The mayor, president or any five members of the
council may call special meetings of the council at any time upon 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 with-
out notice, provided all members of the council attend said meetings or
waive notice thereof. , ! ,

Section 14. A majority of the members of the council shall consti-
tute 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, imposing
taxes, or authorizing the borrowing of money, shall be passed except by
record affirmative vote of a majority of all members elected to the council.

Section 15. The council shall appoint a clerk to serve at the will of
the council, and shall have authority to adopt rules and appoint such
officers and committees as they may deem proper for the regulation of
their proceedings, and for the convenient transaction of business; to
compel the attendance of absent members; to punish its members for
disorderly behavior ; and by a vote of not less than seven members of the
council, to expel a member for malfeasance or misfeasance in office. The
council shall keep a record book in which the clerk shall note the pro-
ceedings of the council, and shall record said proceedings at large in the
record book and keep the same properly indexed.
938 ACTS OF ASSEMBLY [va., 1942

Section 16. The school trustees of the city shall be elected or ap-
pointed by the council, in the manner and for the term prescribed by the
general law of the State. :

Section 17. The council shall appoint a local board of health, con-
sisting of five persons, one of whom shall be a practicing physician and
another the city manager, and shall likewise appoint a health officer, who
shall also be a physician, and who shall be ex-officio a member of the
board. Members of the board and the health officer shall hold office for
such term as may be fixed by the council, and shall perform such duties
as may be prescribed by State law and by ordinances of the city.

Section 18. The council may appoint an auditor, city collector, city
attorney and sanitary officer, or may by ordinance fix the method of their
appointment, all of whom shall hold office for such term as may be fixed
by the council.

Section 19. There shall be elected by the qualified voters of the city
on the second Tuesday in June, nineteen hundred and forty-four, and
every four years thereafter, a mayor, who shall himself be a qualified
voter of said city, and who shall be the chief executive officer of the city.
His term shall begin the first of September, next ensuing his election,
and he shall receive such annual compensation as may be fixed by the
council, provided the same shall not be decreased during his term of office.
| Section 20. Should the person elected mayor, omit or fail from
any cause to qualify on or before the first day of September, next follow-
ing his election, or, if after his election, he shall die or resign, or be re-
moved from office for any cause, then, and in all such events, the council
shall immediately thereafter elect some other qualified voter in his stead,
to serve out the unexpired term. |
, Whenever, from any cause, the mayor shall be unable to perform
the duties of his office, these duties shall be discharged by the president
of the council, or in his absence, the vice-president, who shall, in such
cases, exercise all the powers of the mayor, except the power of vetoing
acts of the council. |

Section 21. -The duties of the mayor shall be such as are prescribed
‘by the Constitution and laws of the State and by ordinances enacted by
the council, but the mayor shall have no power to remove any city officer
or any employee of the city, including policemen and firemen.

CHAPTER 3. POWERS OF THE
COUNCIL

Section 22. 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 enact 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 the acts of the
General Assembly, and shall further have power :

(a) To levy, assess and collect taxes, and to borrow money within
the limits provided by the Constitution of Virginia and by the statute
laws of the Commonwealth.
(b) To establish a market in and for the city, provide for the
appointment of proper officers therefor, prescribe the time and place for
holding market, provide suitable grounds and buildings therefor, and
enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling or regrading.

(c) To erect and keep in order all public buildings necessary and
proper for the city, to erect and maintain within or without the city, a
city prison or prison farm, or both, for the safekeeping of all persons who
may be confined therein, and to establish a chain gang, and require
offenders to work thereon.

(d) To establish, maintain and operate waterworks and sewer
systems and other public utility works, within and without the city; and
to contract and agree with the owners of any land for the use of and
purchase thereof, or have same condemned according to law, for the
location, extension or enlargement of the said works, the pipes, wires
and other appurtenances connected therewith and the fixtures or ap-
purtenances thereof; and to protect from injury, by ordinance, prescrib-
ing penalties, the said works, pipes, wires, appurtenances, fixtures and
land, or anything connected therewith, whether within or without the
limits of said city.

(e) To open, extend, widen or narrow, lay out, graduate, curb,
pave, and otherwise improve streets, sidewalks and public alleys in said
city, and have them kept in good order and properly lighted; in order
to properly light the streets of said city the council may erect and operate
such number of lamps and fixtures thereto belonging as they may deem
necessary, either on the outer side of the sidewalks, or in the center of
said streets ; and over any street or alley in the city, which may be ceded or
conveyed to the city by proper deed, they shall have like power and
authority as over other streets, and alleys; they may build bridges in and
culverts under said streets, and may prevent or remove any structure,
obstruction or encroachment over, or under, or in any street, sidewalk
or alley in said city, and may permit shade trees to be planted along said
streets ; but no company shall occupy with its works, or any appurten-
ances thereof, the streets, sidewalks, or alleys of the city, without the
consent of the council, duly entered upon its records. In the meantime,
no order shall be made, and no injunction shall be awarded by any court
or judge, to stay proceedings of the city council in the prosecution of their
work, unless it be manifest that they, their officers or servants, are
transcending the authority given by law, and that the interposition of the
court is necessary to prevent injury that cannot be adequately compen-
sated in damages. :

(f) To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the city in any manner whatever.

(g) To determine and designate the route and grade of any rail-
road to be laid out in said city, and to restrain and regulate the speed of
locomotive engines and cars upon the railroads within the said city. _

(h) To make provision for and regulate the weighing, measuring
or testing of all products and articles offered for sale and barter in the
city.
940 ACTS OF ASSEMBLY [vA.,1942

(i) To secure the inhabitants from contagious infection, or other
dangerous disease, by quarantine or otherwise; to establish, erect and reg-
ulate hospitals, to provide for and enforce the removal of patients to said
hospitals ; to appoint and organize a board of health for said city, with the
authority necessary for the prompt and efficient performance of its duties.
—» (j) To require and compel the abatement and removal of all
nuisances within the said city, at the expense of the person or persons
causing the same, or the owner or owners of the ground whereon the
same shall be; to ‘regulate, or prevent slaughter houses, soap factories or
candle factories within the city, and the exercise of any dangerous, offen-
sive or unhealthy business, trade or employment therein; to regulate the
transportation of coal, explosives, oils and other articles through the
streets of the city.

(k) If any ground in said city, or within one mile of its corporate
limits, shall be subject to be covered with stagnant water, or if the owner
Or owners, occupier or occupiers thereof, shall permit any offensive or
unwholesome substances to remain or accumulate thereon, the council
may cause such ground to be filled, raised or drained, or may cause such
substance to be covered or to be removed therefrom, and may collect the
expense of so doing from the owner or owners, occupier or occupiers, or
any of them (except in cases where such nuisance is caused by the action
of the city authorities, or their agents, in which case the city shall pay
the expense of abating the same), by distress and sale in the same manner
in which taxes levied upon real estate for the benefit of said city are
authorized to be collected; or by any other legal proceeding; provided,
that reasonable notice shall be first given to said owners or their agents.
In case of non-resident owners who have no agent in said city, such
notice shall be given by publication once a week for not less than four
consecutive weeks in any newspaper published in the city.

(1) To regulate and direct the location and construction of all
buildings for the storage of gunpowder, explosives and combustible
substances ; to regulate the sale and use of pistols, gunpowder, explosives,
firecrackers, fireworks, gasoline, kerosene, oil or other combustible ma-
terial; to regulate the exhibition of fireworks, the discharge of firearms,
and to restrain the making of bonfires within the city.

(m) To prevent hogs, dogs and other animals, and fowls, from
running at large in said city, and to subject the same to such confiscation,
regulations and taxes as they may deem proper.

(n) To regulate the riding and driving of horses and other animals
and the operation of motor or other vehicles, but not in conflict with State
law; to prevent the throwing of stones or engaging in any employment
or sport on the streets, sidewalks or public alleys, dangerous or annoying
to persons; and to prohibit and punish the abuse or cruel treatment of
horses and other animals in said city.

(o) To provide for the punishment of misdemeanors committed
within the judicial limits of the city; to restrain and punish drunkards,
vagrants and street beggars; to prevent vice and immorality ; to preserve
the public peace and good order; to prevent and quell riots, disturbances
and disorderly assemblages ; to suppress houses of ill-fame and gambling
houses; to prevent and punish indecent and disorderly conduct or exhi-
bitions in said city, and to expel from the city, persons guilty of such
conduct who have not resided therein as much as one year. ©

-.(p) To prevent the coming into the city of persons having no
ostensible means of support, and of persons who many be dangerous to the
peace and safety of the city.

(q) To acquire, by condemnation, purchase, or otherwise, provide
for, maintain, operate and protect aircraft landing fields, either within or
without the corporate limits of the city.

(r) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education,. morals,
peace, government, health, trade, commerce or industries of the ‘city, or
its inhabitants, not in conflict with the Constitution of the State. .

(s) To regulate the burial of dead within the city and to regulate
the public cemeteries, and to require the return of bills of mortality by
keepers of all cemeteries in or near the city.

(t) Where, by provision of this act, the council has authority to
pass ordinances on any subject, they may prescribe any penalty not
exceeding five hundred ($500.00) dollars, or by imprisonment not
exceeding twelve months or both, in the discretion of the court, justice or
jury trying the case for the violation thereof, and may provide that the
offender on failing to pay the penalty imposed and costs, shall be im-
prisoned in the jail or prison farm of the city for a term not exceeding
ninety days, which penalties may be prosecuted and recovered with costs
in the name of the City of Fredericksburg, or shall compel them to work
in the streets or other public improvements of the said city. The council
shall also have the right to establish chain gangs in which they may
require persons convicted of violations of the city ordinances to work on
the streets and other public grounds of the city, and the further right to
deal with the State for the use and employment of persons convicted of
violating the State laws.

(u) In every case where a street in said city has been, or shall be
encroached upon by any fence, building or otherwise, the council may
require the owner (if known, or if unknown, the occupants of the prem-
ises encroaching), to remove the same and if such removal be not made
within the time prescribed by the council, they may impose such penalty
as they may deem proper for each day it is allowed to continue there-
after, and may cause the encroachment to be removed, and collect from
the owner all reasonable charges therefor, with costs, by the same process
that they are hereafter empowered to collect taxes. No encroachment
upon any street, however long continued, shall constitute any adverse
possession to or confer any rights upon the persons claiming thereunder
as against the said city.

(v) Whenever any street, alley or lane in said city shall have been
opened and used as such by the public for the period of five years, the
same shall thereby become a street, alley or land for public purposes,
and the council shall have the same authority and jurisdiction over and
right and interest therein, as they have by law over the streets, alleys and
lanes laid out by them, and any street or alley reserved in the division or
942 ACTS OF ASSEMBLY [va., 1942

subdivision into lots of any portion of the territory within the corporate
limits of said city, by plan or plot of record, shall be deemed and held to be
dedicated to public use, unless it appears by said record that the street or
alley so reserved is designated for private use. But upon a petition of a
majority of the persons interested therein, the council shall have power
to open the same for the use of the public. The council shall have the right
to elect, by resolution entered of record, whether it will or will not accept
the dedication of any street or alley and shall also have the right to super-
vise all plotting and planning and any and all other activities for the
beautification of the city.

(w) The city council shall grant and pay to all city officers such
salaries or compensation as the said council may from time to time deem
just and proper, or shall be fixed by this act; provided the council may
permit the city manager to fix the salaries or compensation of any officer
which it may see fit.

(x) Whenever, by an act of assembly or ordinance of the council,
the necessity of collecting, maintaining and handling a sinking fund for
the retirement of city obligations may arise, the chairman of the finance
committee of the council, the city manager and the treasurer of the city
shall be, and the same are hereby constituted a board of sinking fund
commissioners, who are authorized to invest such sinking fund in bonds
of the State of Virginia, and the United States Government, and those
of the city of Fredericksburg, and to collect, care for and reinvest the
interest or income accruing from the same as may be directed by the city
council by resolution or ordinance. No fees or commission shail be paid
to any officer for the handling and control of the sinking funds.

(y) If any person, having been an officer of such city, shall not
within ten days after he shall have vacated or been removed from office,
and upon notification or request of the clerk of the council, or within such
time thereafter as the city council shall allow, deliver over to this suc-
cessor in office, all property, books and papers belonging to the city, or
appertaining to such office in his possession or under his control, he shall
forfeit and pay to the city the sum of one hundred dollars, to be sued for
and recovered, with costs, and all books, records and documents used in
such office by virtue of any provision of this act, or of any ordinance or
order of the city council, or any superior officer of the said city, shall be
deemed the property of the said city and appertaining to said office and the
chief officer thereof shall be responsible therefor.

CHAPTER 4. THE CITY MANAGER

_ Section 23. The council shall appoint a city manager, who shall be
the chief administrative officer of the city. The manager shall be chosen
by the council solely on the basis of his executive and administrative
qualifications and need not, when appointed, be a resident of the city or
State. The appointment of the city manager shall be for such term as may
be fixed by the council. Before the city manager may be removed, he shall,
if he so demands, be given a written statement of the reasons alleged for
his removal and the right to be heard publicly thereon at a meeting of the
council prior to the final vote on the question of his removal, but pending
and during such hearing the council may suspend him from office. The
action of the council in suspending or removing the manager shall be final,
it being the intention of this charter to vest all authority and fix all re-
sponsibility for such suspension or removal in the council. In case of the
absence or disability of the manager, the council may designate some
qualified person to perform the duties of the office during such absence
or disability. , |
Section 24. (a) The city manager shall be responsible to the
council for the proper administration of all affairs of the city placed in
his charge, and to that end, except as otherwise provided herein, he shall
have the power to appoint all officers and employees in the administrative
service of this city; but the manager may authorize the head of a depart-
ment or officer responsible to him, to appoint and remove subordinates
in such department or office. Appointments made by, or under the au-
thority of the city manager, shall be on the basis of executive and ad-
ministrative ability, and of training and experience of such appointees
in the work which they are to perform. All such appointments shall be
without definite term, unless for temporary service not to exceed six
months. , _
' (b) At least fifteen days before the end of each fiscal year, the city
manager shall prepare and submit to the council an annual budget for the
ensuing fiscal year, based upon detailed estimates, according to classifica-
tion as nearly uniform as possible. Before the end of each fiscal year, or as
soon thereafter as may be practicable, the council shall pass an annual
appropriation ordinance, which shall be based on the budget submitted
by the city manager, and shall levy such tax for the ensuing fiscal year
as in its judgment shall be sufficient to meet all just demands against the
city on any account.’ The council may determine when the fiscal year of
the city shall begin and end, and may change the same from time to time.
The council may also determine when city licenses and taxes shall be
payable. .
Section 25. Officers and employees appointed by the city manager
or under his authorization, may be removed by him, or by the officer by
whom appointed, at any time. The decision of the manager, or other
officer, in any case, shall be final and there shall be no appeal therefrom
to any other officer, body or court whatsoever. . mo
Section 26. It shall be the duty of the city manager to protect
property; to supervise the administration of the affairs of the city; to
make such recommendation to the council concerning the affairs of the
city as may seem to him desirable; to advise with the chairman of the
finance committee and to keep the council advised of the financial condi-
tion and future needs of the city; to prepare and submit to the council
such reports as may be required by that body; to execute all contracts
on behalf of the city, except as may be otherwise provided by this act, or
by ordinance passed in pursuance hereof, and to perform all such other
duties as may be prescribed by this charter or required of him by the
council. | -
944. ACTS OF’ ASSEMBLY [va., 1942

Section 27. The city manager shall be entitled to a seat in the
council, but shall have no vote therein. The manager shall have the right
to take part in the discussion in all matters which come before the council.

CHAPTER 5. POLICE AND FIRE
: DEPARTMENT

Section 28. There shall be a police department and a fire depart-
ment which may be incorporated into one department by the council, in
which event it shall be known as the department of public safety, with
a director thereof to be appointed by the council.

(a) The city council shall provide by ordinance for the appoint-
ment or election of a superintendent of police and members of the police
force in the city and shall include therein the method of their appoint-
ment, the term or time for which appointed and their pay.

(b) ‘Fhe superintendent of police and policemen shall constitute
the police force of the city and shall hold their respective positions as
provided by ordinance.

(c) The police force shall perform such 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.

(e) . The council shall provide by ordinance for the management,
direction and control of the fire department and of the members thereof,
whether paid or voluntary firemen, and for their selection and appoint-

ment.
| CHAPTER 6. ELECTIVE OFFICERS

Section 29. The clerk of the circuit court, the Commonwealth’s
attorney, the treasurer, the commissioner of the revenue, the city ser-
geant and such other elective officers as may be required by the Consti-
tution and statute laws of the State, shall be elected in the manner pre-
scribed by law, and shall perform such duties and receive such compen-
sation as prescribed by law. ,

‘Section 30. The present police court and the office of Police Justice
heretofore provided for the City by Act, approved March twenty-ninth,
nineteen hundred and thirty-two, Acts of nineteen hundred and thirty-
two, page eight hundred and sixteen, is hereby continued until the expira-
tion of the term of said Justice, December thirty-first, nineteen hundred
and forty-five, at midnight or until his prior death or resignation. The
Police Justice shall possess and exercise the same powers in criminal
cases as is provided for Police Justices in cities by chapter one hundred
and twenty-three of the Code of Virginia. He shall have exclusive origi-
nal jurisdiction for the trial of all offenses against the ordinances of the
City, provided that the City shall have the right of appeal to the Circuit
Court of the City from any decision of such Justice affecting the legality
or validity of any ordinance. He shall have no civil jurisdiction.

Upon the expiration of the term of the present Police Justice at
midnight, December thirty-first, nineteen hundred and forty-five, or upon
his death or resignation prior thereto, the office of Police Justice 1s hereby
abolished and in its place and stead there is hereby created the office of
Civil and Police Justice. If the office of- Police Justice terminates before
midnight, December thirty-first, nineteen hundred and forty-five, by the
death or resignation of the present Justice, the Council shall immediately
elect a qualified voter of the City as Civil and Police Justice, to serve as
such until midnight, December thirty-first, nineteen hundred and forty-
five. ,

There shall be elected by the qualified voters of the City, at the gen-
eral election to be held on Tuesday after the first Monday in November
nineteen hundred and forty=five, and every four years thereafter, a civil
and police justice, who shall hold office for a term of four years from the
first day of January, next ensuing, and until his successor is elected and
qualified. He shall be a qualified voter of the City.

(b) The said Civil and Police Justice shall, in civil matters within
the limits of said City, and in criminal matters within the City and for
one mile beyond, have and possess the same powers, authority and juris-
diction as are now, or may hereafter be vested by general law in the
trial justices within the several counties, and shall have exclusive original
jurisdiction for the trial of all offenses against the ordinances of the City,
provided that the City shall have the right of appeal to the Circuit Court
of the City from any decision of the Civil and Police Justice affecting the
legality or validity of any ordinance of the City.

(c) All fines and forfeitures for the violation of city ordinances,
and all fees and costs arising therefrom, together with all fines and costs
from violations of State laws, except that required by general law to be
otherwise paid, and all fees in civil cases shall be collected by the Clerk
of the police justice or civil and police justice, as the case may be, who
shall report the same daily to the city manager, or, if there be an auditor,
to the latter, who shall pay the same daily to the City Collector. The
Police Justice, or Civil and Police Justice, as the case may be, shall also
keep an account of the same, which he shall report daily to the City
Manager. Se ,

Tf any costs accrue in the police justice or civil and police justice
court, which may be due to any justice of the peace in the city for issuing
warrants, admitting to bail, or other services rendered by such justice of
the peace, the same shall be collected by the clerk and paid over to the
justice, but so long as the office of Police Justice continues no such justice
shall have jurisdiction to try any criminal warrants in the city, but all
such warrants, if issued by such justice, shall be certified to the court of
the police justice for trial and on and after the creation of the office of
Civil and Police Justice, as hereinbefore provided, no such Justice of the
Peace shall have jurisdiction to try any civil warrants in the City but all
such warrants, if issued, by such Justice, shall be certified to the Court
of the Civil and Police Justice for trial. | ,
946 ACTS OF ASSEMBLY [va., 1942

The compensation of the Police Justice and Civil and Police Justice
and the Clerk elected by the Council, shall be fixed and paid by the Coun-
cil unless otherwise provided by general laws of the Commonwealth.

The Police Justice and the Civil and Police Justice as the case may
be, shall keep his office and court in such place as may be prescribed by
the council, which shall be open for the transaction of business every
day in the year except Sundays and legal holidays. The Court shall open
each day at nine o’clock ante meridian.

The Police Justice and the Civil and Police Justice, and the substi-
tute justice, shall qualify in the manner prescribed by law for other city
officials, and they, together with the Clerk, may be required by the Coun-
cil to give bond with approved surety for the faithful performance of their
respective duties.

The Police Justice, the Civil and Police Justice or substitute justice,
may also be judge of the juvenile and domestic relations court of the City.

The Council shall provide by ordinance for the election of a substi-
tute police justice or substitute civil and police justice, as the case may
be, to act during the absence of such justice. Such substitute shall be
elected by the Council and shall serve during the term of his principal.
He shall have the same powers, authority and jurisdiction as his principal.
, (e) So long as the office of Police Justice continues in existence,
but not after the office of Civil and Police Justice comes into being as
hereinbefore provided, Justices of the Peace, elected or appointed to hold
such office in the City, shall continue to exercise in civil matters the juris-
diction conferred upon such Justices by chapter two hundred and fifty
ef the Code of Virginia.

CHAPTER 7. FINANCE AND TAXATION

_» Section 31. The council may, in the name and for the use of the
city,.contract debts and cause to be issued therefor, notes or bonds in the
manner prescribed by law, and subject to all the restrictions imposed upon
cities by the Constitution and statute laws of the Commonwealth. Nothing
contained in this charter shall in any manner affect any notes or bonds of
the city now outstanding. on

Section 32. In the execution of its powers and duties, the city
council may levy and collect taxes, annually, by assessment in said city
on all subjects, the taxation of which by cities is not forbidden by general
law, to such extent as they shall deem necessary to defray the expenses
of the same, and in such manner as they shall deem expedient (in accord-
ance with the laws of this State and the United States).

Section 33. The city council may levy a tax or a license on any
person, firm or corporation conducting any business or profession what-
soever in this city, except when prohibited by general law, whether a
license may be required therefor by the State or not, and may exceed the
State license, if any be required. ,

— Section 34. The council may require of owners of motor vehicles,
trailers and semi-trailers, residing in the city, licenses for the privilege
of operating such vehicles in the city, such license to be issued and the
fees therefor fixed by the council. ,

Section 35. All goods and chattels wheresoever found may be
cH. 481 |

ACTS OF ASSEMBLY Q.

distrained and sold for taxes assessed and due thereon and no deed

trust or mortgage upon goods and chattels shall prevent the same fro
being distrained and sold for taxes against the grantor in such deed,
the manner prescribed by law. )

Section 36. There shall be a lien on real estate for the city tax
as assessed thereon from the commencement of the year for which the
are assessed. The council may require real estate in the city, delinque:
for non-payment of city taxes, to be sold for said taxes, with intere
thereon at the rate of six per centum per annum, and such per centu
as the council may prescribe for expenses. Such real estate may be sol
and may be redeemed in the manner provided by law, provided that an
such sale, where no persons bid the amount chargeable on any such re:
estate, it shall be lawful for the treasurer to purchase the same for th
benefit of the city upon the same terms and conditions prescribed b
general law for the purchase of delinquent real estate by treasurers fo
the benefit of the State and city or town, respectively.

Section 37. The City of F redericksburg, and its inhabitants sha
be exempt from all assessment for levies in the way of taxes imposed b:
the authorities of Spotsylvania County, for any purpose whatever, excep
upon property in the said county owned by the inhabitants of said city
nor shall said inhabitants be liable to serve upon juries in said county.

CHAPTER 8. MISCELLANEOUS

Section 38.(a) All moneys received or collected for use of the city
rom any source shall be paid over, held and disbursed as the city council.
nay order or resolve, and in such depository or depositories as may be
srescribed by the council, either by ordinance or resolution.

(b) Where a depository is so designated the deposit may be con-
litioned upon security to be furnished by it and approved by the Finance
-ommittee, either in the form of a surety bond or the deposit of securities,
s directed, and where security is furnished and approved the council may
elieve the surety on the bond of the depositing official from liability
rowing out of the loss of said deposit by reason or acts or failure of said
epository, provided nothing herein shall be construed to release said
urety from liability for loss resulting from any dereliction of duty on the
art of said official. , ,

Section 39. (a) In any action against the city to recover damages
gainst it for any negligence in the construction or maintenance of its
reets, alleys, lanes, parks, public places, sewers, reservoirs or water
lains, or other public works engaged in by the city, where any person’
r corporation is liable with the city for such negligence, every such
-rson or corporation shall be joined as defendant with the city, where
vice of process may be had in Virginia in any action brought to re-
ver damages for such negligence, and where there is judgment or ver-
ct against the city, as well as the other defendants, it shall be ascertained
y the court or jury, which of the defendants is primarily liable for the
images assessed.

(b) If it be ascertained by the judgment of the court that some
rson Or corporation other than the city is nrimarile Mahle 4h. Ln
be a stay of execution against the city until execution against such person
or persons or other corporation or corporations shall have been returned
without realizing the full amount of such judgment. an

Section 40. No action shall be maintained against the said city
for damages for any injury to any person or property alleged to have been
sustained by reason of the negligence of the city or of any officer, agent,
or employee thereof, unless a written statement, verified by 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 or the city manager
of said city, within ninety days after such cause of action shall have
accrued. And no officer, agent, or employee of the city shall have authority
to waive such conditions precedent or any of them.

Section 41. The city council shall have full and complete powers to

pass any ordinances not in conflict with State law for planning and zon-
ing the city for any purpose deemed advisable by the council, as com-
pletely as if all such purposes were fully set forth specifically herein.
- Section 42. 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 of such
term from the time fixed in said former charter.

Section 43. The city council shall require bond with security from
the city manager, the chief clerk to the city manager, treasurer, city
collector, auditor, the official handling fines and penalties in the police
court, and such other officials and employees as may from time to time
be prescribed by the council, in such penalty as may be provided by
ordinance.

Section 44. Should any portion of this act be declared unconstitu-
tional, this act shall not affect the remainder hereof.

Section 45. An emergency existing, due to the fact that a municipal
election will be held in the month of June, nineteen hundred and forty-
two, this act shall be in effect from its passage.

All acts and parts of acts in conflict with any provisions hereof are
hereby repealed.