CHAPTER 263

An Act to amend and reenact §§ 2, 4, as amended, 12 and 18 of Chapter
428 of the Acts of Assembly of 1986, approved March 80, 1986, which
provided a charter for the town of Vinton, the sections relating to
powers of the town council, and enactment of ordinances and emer-
gency measures.

(H 332]

Approved March 8, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 2, 4 as amended, 12 and 13 of Chapter 423 of the Acts of
Assembly of 1936, approved March 30, 1936, be amended and reenacted
as follows:

§ 2. Powers of town of Vinton.—In addition to the powers men-
tioned in Section one hereof, the said town of Vinton shall have the
following powers:

(1) To raise annually by taxes and assessment in said town such
sums of money as the council thereof shall deem necessary for the
purposes of said town, and in such manner as said council shall deem
expedient, in accordance with the Constitution and general laws of
this State and of the United States; provided, however, that it shall
impose no tax on the bonds of said town.

(2) To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time
of the imposition of such special or local assessments.

(3) Subject to the provisions of the Constitution of Virginia, and
of this charter, to contract debts, borrow money and make and issue
evidence of indebtedness.
CH. 263] ACTS OF ASSEMBLY 305

(4) To expend the money of the town for all lawful purposes.

_ (5) To acquire by purchase, gift, devise, condemnation, or other-

wise, property, real or personal, or any estate or interest therein,
within or without the town or State and for any of the purposes of the
town; and to hold, improve, sell, lease, mortgage, pledge or otherwise
dispose of the same or any part thereof, including any property now
owned by the town.
. (6) To acquire, in any lawful manner, for the purpose of encourag-
ing commerce, manufacture, education, and the building of homes, lands
within and without the town, not exceeding at any one time five thousand
acres in the aggregate, and from time to time, to sell, dispose of, lease,
or donate the same or any part thereof for commercial, industrial, edu-
cational or residential uses and purposes, including any land now owned
by the town, and including the power to donate any land now or hereafter
owned by the town for hospital purposes.

(7) To make and adopt a comprehensive plan for the town, and to
that end all plats and re-plats subdividing any land within the town into
streets, alleys, roads, and lots or tracts shall be submitted to and ap-
proved by the council before such plats or re-plats are filed for record
or recorded in the office of the clerk of the circuit court of the county
of Roanoke, Virginia.

(8) To furnish all local public service; to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by con-
demnation or otherwise, within or without the corporate limits, land and
property necessary for any such purposes.

(9) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State such water, lands, prop-
erty rights and riparian rights as the council of said town may deem
necessary for the purpose of providing an adequate water supply for
said town and of piping or conducting the same; to lay all necessary
mains and service lines, either within or without the corporate limits
of said town for the distribution of water to its customers and con-
sumers both within and without the corporate limits of the said town,
and to charge and collect water rents therefor; to erect and maintain
all necessary dams, pumping stations and other works in connection
therewith; to make reasonable rules and regulations for promoting the
purity of its said water supply and for protecting the same from pollution;
and for this purpose to exercise full police powers and sanitary patrol
over all lands comprised within the limits of the watershed tributary
to any such water supply wherever such lands may be located in this
State; to impose and enforce adequate penalties for the violation of
any such rules and regulations; and to prevent by injunction any pollution
or threatened pollution of such water supply and any and all acts likely
to impair the purity thereof; and for the pupose of acquiring lands,
interest in lands, property rights and riparian rights or materials for
any such use to exercise within the State all powers of eminent domain
provided by the laws of this State; provided, that the lands which may
be held in this State by said town for such purpose shall not exceed,
in the aggregate, thirty thousand acres, at any one time. For any of the
purposes aforesaid said town may, if the council shall so determine,
acquire by condemnation, purchase or otherwise, any estate or interest
in such lands or any of them in fee, reserving to the owner or owners
thereof such property rights or easements therein as may be prescribed
in the ordinance provided for such condemnation or purchase.

(10) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the said town for the
generating of electricity and the manufacture of gas for illuminating,
power and other purposes, and to supply the same, whether said gas
306 ACTS OF ASSEMBLY [vA., 1956

and electricity be generated or purchased by said town, to its customers
and consumers both within and without the corporate limits of the said
town, at such price and upon such terms as it may prescribe, and to that
end it may contract with owners of land and water power for the use
thereof, or may have the same condemned, and to purchase such electricity
and gas from the owners thereof, and to furnish the same to its customers
and consumers, both within and without the corporate limits of the said
town at such price and on such terms as it may prescribe.

(11) To exercise the power of eminent domain for the purpose of
acquiring or taking any or all spring, springs, water supplies, pipe
lines, reservoirs, land, property, easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein, in
the State of Virginia, now or hereafter owned by any private. quasi-
public service, or public service corporation, incorporated under the
laws of Virginia, or any other State for the purpose of supplying, or
supplying the town of Vinton, Virginia, or its inhabitants, with water,
notwithstanding any provision to the contrary in Section thirty hundred
and thirty-one, or other section, or sections, of the Code of Virginia.

(12) To establish, impose and enforce water, light and sewerage
rates, and rates and charges for public utilities, or other service, prod-
ucts, or conveniences, operated, rendered or furnished by the town;
and to assess, or to cause to be assessed, water, light and sewerage
rates and charges directly against the owner or owners of the build-
ings, or against the proper tenant or tenants, and may hy ordinance
provide that where charges are made against tenants, the owner or
owners shall be directly liable in case such tenant or tenants fail to pay
when the rates or charges are assessed; and in event such rates and
charges shall be assessed against a tenant, then the said council may’
by an ordinance, require of such tenant, a deposit of such reasonable
amount as may be by such ordinance prescribed before furnishing such
services to such tenant.

(18) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
comfort stations, markets, and all buildings and structures necessary
or appropriate for the use and proper operation of the various depart-
ments of the town; and to acquire hy condemnation or otherwise all
lands, riparian and other rights and easements necessary for such im-
provements, or any of them.

(14) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys,
boulevards and parkways, and to alter or close the same; to establish
and maintain parks, playgrounds, and other public grounds; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels, sewers
and drains, and to regulate the use of all such highways, parks. public
grounds and works; to plant and maintain shade trees along the streets
and upon such public grounds; to prevent the obstruction of such streets
and highways, abolish and prevent grade crossings over the same hy
railroads, other than street railroads, in the manner prescribed by
general law for the elimination of grade crossings; to require any railroad
company operating a railroad at the place where any highway or street
is crossed within the town limits to erect and maintain at such crossings
any style of gate deemed proper and keep a man in charge thereof,
or keep a flagman at such crossing, during such hours as the council
may require in accordance with the provisions of Section thirty-nine
hundred and ninety-eight and other sections of the Code of Virginia;
and to regulate the length of time such crossings may be closed due to
any operations of the railroads; to regulate the operations, weight of
load, and speed of all cars and vehicles using the same, as well as the
Operation and speed of all engines, cars and trains, or railroads within
the town; to regulate the services to be rendered, including route trav-
ersed, and rates charged by buses, motor cars, cabs and other vehicles for
the carrying of passengers and by vehicles for the transfer of baggage;
to permit railroads and street car lines to be built in the streets and
alleys, and to determine and designate the routes and grade thereof; and
to specify and require the proper construction and maintenance of the
streets between the rails and on either side thereof for such distances
as such streets may be affected by the construction, operation, repair or
maintenance of such railroads or street car lines, and to require the
reconstruction of so much of said streets as may be damaged by the
removal of such railroads or street car line; to permit or prohibit poles
and wires for electric, telephone and telegraph purposes to be erected and
gas pipes to be laid in the streets and alleys, and to prescribe and collect an
annual charge for such privileges, heretofore or hereafter granted; to
require the owner or lessee of any electric light, telephone or telegraph
pole, or poles or wires now in use or hereafter erected, to change the
location or move the same; to require all telephone and telegraph wires
and all wires and cables carrying electricity, now in use or hereafter
used, to be placed in conduits underground and prescribe rules and
regulations for the construction and use of such conduits, if and when the
State Corporation Commission shall so order, after due notice to all
parties concerned, and hearing thereon; to open, lay out, and improve
new streets across the track or tracks, of any railroad in the town, and
any such new or existing street or streets may cross any such track or
tracks, of any railroads in the town, in the discretion of the council,
either at grade, or pass above or below any such existing structure or
structures; provided, that after due notice to such railroad company and
full opportunity to be heard and after the council shall have decided
whether such crossing shall be made at grade, or pass above or below
any such existing structure or structures, the plans and specifications for
such crossing as the council shall have determined upon, shall be sub-
mitted to the principal agent of such railroad company in the town, and
in the event the town and railroad company cannot within sixty days
thereafter agree upon such plans and specifications, or cannot agree
in regard to the division of the cost of constructing such crossing, then
the town shall submit such plans and specifications to the State Corporation
Commission, after reasonable notice to such railroad company and after
hearing such evidence as either party may adduce, shall approve, or
revise and approve, the plans for such crossing as the council shall have
determined shall be made, or substitute such other plans or character
of crossing, whether at grade, overhead or underpass, as the State Cor-
poration Commission may deem proper under all the facts, circumstances
and conditions in the case, the said improvement shall be made by the
corporation whose track is to be crossed and the expense thereof shall
be borne equally by the said corporation and the town, and after such
crossing shall have been constructed, it shall be maintained, within the
limits of the railroad right of way, by such railroad company or by the
lessee thereof; and to do all other things whatsoever adapted to make
said streets and highways safe, convenient and attractive.

(141%) To acquire by gift, purchase, exchange, or by the exercise of
the power of eminent domain within this State, lands, and any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and water
rights, and the necessary roadways thereto, either within or without the
town, and acquire and install machinery and equipment, and build the
necessary roads or tramroads thereto, and operate the same for the pur-
pose of producing materials required for the construction, repair and
maintenance of streets, highways, sidewalks, water works, reservoirs.
sewers, electric lights, public buildings, and any and all purposes not in
contravention of Section thirty hundred thirty-one-a of the Code of Vir-
ginia, and to acquire by gift, purchase, exchange, or by the exercise of the
power of eminent domain within this State, lands and machinery and
equipment, and build and operate a plant or plants for the preparation and
mixing of materials for the construction of improved streets and othe:
public improvements, and the maintenance and repair thereof, and to
build and operate coal tipples and yards in connection therewith.

_ (15) To construct and maintain, or aid in constructing and maintain-
ing, public roads, State highways, boulevards, parkways and bridges,
beyond and within ten miles of the limits of the town, in order to facilitate
public travel to and from said town and its suburbs, and to and from said
town and any property owned by said town, and situated beyond the cor-
porate limits thereof, regardless of distance, and to acquire land and
property rights necessary for such purpose by condemnation or otherwise.
_ (16) To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith and to establish, construct, maintain and operate sewerage
disposal plants, and to acquire by condemnation or otherwise within or
without the town, all lands, rights of way, riparian and other rights and
easements necessary for the purposes aforesaid, and to charge and collect
reasonable fees or assessments or costs of service for connecting with and
using the same.

(17) In connection with its system of sewerage, the town may con-
fie to use Glade Creek, Tinker Creek and the Roanoke River as here-

ore.

(18) Subject to the provisions of the Constitution of Virginia and
of this charter to grant franchises for public utilities.

(19) To collect and dispose of sewerage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, and to make reasonable charges
therefor; and to acquire and operate reduction or other plants for the
utilization or destruction of such materials, or any of them; to contract
for and regulate the collection and disposal thereof, and to require and
regulate the collection and disposal thereof.

(20) To compel the abatement and removal of all nuisances within
the town or upon the property owned by the town 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, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth and unsightly deposits,
or to make them so at the expense of the owners or occupants thereof, and
to collect said expense by suit or motion, or by distress and sale; to regulate
or prevent slaughter houses or other noisome or offensive business within
said town, the keeping of hogs or other animals, poultry or other fowl
therein, or the exercise of any dangerous or unwholesome business, trade
or employment therein; to regulate the transportation of all articles
through the streets of the town; to compel the abatement of smoke and
dust, and prevent unnecessary noise; to regulate the location of stables
and the manner in which they shall be kept and constructed; to regulate
the location, construction and operation and maintenance of billboards
and generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience and wel-
fare of the inhabitants of the town; and to require all owners or occupants
of property having sidewalks in front thereof to keep the same clean and
sanitary, and free from all weeds, filth and unsightly deposits.

(21) If any ground in the said town shall be subject to be covered
by stagnant water, or if the owner or occupant thereof shall permit any
CH. 263] ACTS OF ASSEMBLY 309

offensive or unwholesome substance to remain or accumulate thereon, the
said council] may cause such ground to be filled up, raised or drained, or
may cause such substance to be covered or removed therefrom, provided,
that reasonable notice shall be first given to the said owner or occupant
or his agent. In case of nonresident owners who have no agent in said
town, such notice may be given by publication for not less than ten days,
in any newspaper published in said town. .

(22) To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate or prohibit the
sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline,
nitro-glycerine, camphene, burning fluid, and all explosive or combustible
materials, the exhibition of fireworks, the discharge of fire arms, the use
of candles, and lights in barns, stables, and other buildings, the making
of bonfires and the carrying of concealed weapons. . .

(23) To inspect, test, measure and weigh any commodity or article
of consumption for use within the town, and to establish, regulate, license
and inspect weights, meters, measures and scales. .

(24) To provide by ordinance for a system of meat and milk inspec-
tion, and appoint meat and milk inspectors, agents, or officers to carry the
same into effect, license, regulate, control and locate slaughter houses
within or without the corporate limits of the town, and for such services
of inspection to make reasonable charges therefor; and to provide such
reasonable penalties for the violation of such ordinances.

(25) To extinguish and prevent fires and to compel citizens to render
assistance tu the fire department in case of need, and to establish, regulate
and control a fire department or division; to regulate the size, height,
materials and constructions of buildings, fences, walls, retaining walls
and other structures hereafter erected in such manner as the public safety
and conveniences may require; to remove or require to be removed or
reconstructed any building, structure or addition thereto which by reason
of dilapidation, defect of structure, or other causes, may have become
dangerous to life or property, or which may be erected contrary to law;
to establish or designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, removed, added to, enlarged
or repaired, and to direct any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick, iron or
other fireproof material; and may enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used for
public assemblies, entertainments or amusements.

(26) To charge and to collect fees for permits to use public facilities
and for public service and privileges.

(27) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

(28) To establish as hereinafter provided a child welfare board,
through which to provide for making money allowances to aid in main-
taining and educating poor and destitute children.

(29) To establish, organize and administer public schools and librar-
is muppet to the general laws establishing a standard of education for
the State.

(30) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.

(31) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace or safety of the
town, from coming to said town from without the same; and for this
purpose require the owner of any conveyance bringing such person to the
town to take such person back to the place whence he was brought, or
enter into bond with satisfactory security that such person shall not
become a charge upon said town within one year from the date of his
arrival; and also to expel therefrom any such person who has been in said
town less than six months; also to expel from the town all persons found
therein dangerous to the peace, safety and welfare of the town, or any
person who may be advocating the overthrow of the Federal, State, or
municipal government by force or violence or inciting the people, or any
of them, to riot, or to any unlawful effort against the social, governmental,
industrial, educational or moral welfare of the people.

(32) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foods and foodstuffs and prevent the introduction and sale in said town
of any articles or thing intended for human consumption, which is adul-
terated, impure or otherwise dangerous to health, and to condemn, seize
and destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; prevent the introduction or spread of con-
tagious or infectious diseases, and prevent and suppress disease generally ;
to provide and regulate hospitals within or without the town limits, and
if necessary to the suppression of diseases, to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals pro-
vided for them; to construct and maintain or to aid in the construction
and maintenance of a hospital or hospitals for the use of the people of the
town; to provide for the organization of a department or bureau of health,
to have the powers of a board of health for said town, with the authority
necessary for the prompt and efficient performance of its duties, with
power to invest any or all the officials or employees of such departments
of health with such powers as the police officers of the town have; to
establish quarantine ground within or without the town limits, and such
quarantine regulations against infectious and contagious diseases as the
pounell may see fit, subject to the laws of the State and of the United

tates.

(33) To acquire by purchase, gift, devise, condemnation or otherwise,
lands, either within or without the town, or both, to be used, kept and
improved as a place for the interment of the dead, and to make and enforce
all necessary rules and regulations for the protection and use thereof; and
generally to regulate the burial and disposition of the dead.

(34) To accept and receive, unconditionally or upon conditions, abso-
lutely or in trust, gifts, grants, bequests and devises of any kind of
property, real or personal, for educational, charitable or other public
purposes; and to do all the things and acts necessary to carry out the
purposes of such gifts, grants, bequests, and devises, with power to
manage, maintain, operate, sell, lease or otherwise handle or dispose of
the same, in accordance with the terms and conditions of such gifts, grants,
bequests and devises.

(35) To acquire by purchase, gift, devise or condemnation property
adjoining its parks, or lots on which its monuments are located, or other
property used for public purposes, or in the vicinity of such parks, plats
or property which is used and maintained in such a manner as to impair
the beauty, usefulness or efficiency of such parks, plats or public property,
and may likewise acquire property adjacent to any street, the topography
of which, from its proximity thereto, impairs the convenient use of such
street, or renders impracticable, without extraordinary expense, the im-
provement of the same, and the town may subsequently dispose of the
property so acquired, making limitations as to the use thereof, which will
protect the beauty, usefulness, efficiency or convenience of such parks,
plats and property.

And when the town proposes to open or widen a street, or change the
channel of a creek, by taking any part of a block or square in such manner
that the value of the property abutting the proposed street or creek would
be injuriously affected, unless the property on such block or square is
CH. 263] ACTS OF ASSEMBLY 311

replatted and the property line or lines readjusted, then and in that event
the town at the same time it acquires by purchase, gift, condemnation or
otherwise, all or any part of the property on such squares or blocks and
may subsequently replat and dispose of the property so acquired, in whole
or in part, making such limitations as to the uses thereof as it may see fit.
. _ (36) To do all things whatsoever necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries of the town or its
inhabitants.

(37) To make and enforce all ordinances, rules and regulations neces-
sary or expedient for the purpose of carrying into effect the powers con-
ferred by this charter or by any general law, and to provide and impose
suitable penalties for the violations of such ordinances, rules and regula-
tions, or any of them, by fine not exceeding five hundred dollars or im-
prisonment not exceeding * twelve months, or both, the town may maintain
a sult to restrain by injunction the violation of any ordinance, notwith-
standing such ordinance may provide punishment for its violation.

The enumeration of particular powers in this charter shall not be
deemed or held to be exclusive, but in addition to the powers enumerated
herein, implied thereby, or appropriate to the exercise thereof, the said
town shall have and may exercise all other powers which are now or may
hereafter be possessed or enjoyed by towns under the Constitution and
general] laws of this State.

(38) To exercise full police powers and establish and maintain -a’
department or division of police.

(39) To restrain and punish drunkards, vagrants and street beggars;
to prevent vice and immorality; to preserve the peace and good order; to
prevent and quell riots, disturbances and disorderly assemblages; to sup-
press houses of ill-fame and gambling houses; to prevent and punish lewd,
indecent and disorderly exhibitions in said town; and to expel therefrom '
persons guilty of such conduct who have not resided therein as much as
one year.

_ (40) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals and similar shows or fairs, or pro-
hibit the holding of the same or any of them within the town.

(41) To make and enforce ordinances similar to the prohibition laws
of the State.

(42) To establish, maintain and operate a market or markets in and
for said town; to prescribe the times and places for holding the same;
and to make and enforce such regulations as shall be necessary to prevent
huckstering, forestalling or regrating.

(48) To provide for the development of power and light and the
distribution and sale of same, and to construct, own, maintain, and operate
facilities necessary thereto, and to acquire by condemnation or otherwise,
within or without the town, land, interests in land, water, power sites,
easements, property, and property rights necessary for such purpose.

(44) To pass and enforce all by-laws, rules, regulations and ordi-
nances not repugnant to the Constitution and laws of the State, which
it may deem necessary for the good order and government of the town,
the management of its property, the conduct of its affairs, the peace,
comfort, convenience, order, morals, health and protection of its citizens
or their property, and to do such other things and pass such other laws
as may be necessary or proper to carry into full effect and power, author-
ity, capacity, or jurisdiction, which is or shall be granted to or vested in
said town, or in the council, court or officers thereof, or which may be
necessarily incident to a municipal corporation.

§ 4. Composition of council; vacancies—On and after September
one, nineteen hundred fifty, the council shall consist of five members,
312 ACTS OF ASSEMBLY [va., 1956

whose terms of office shall be for terms of four years. At the June election,
nineteen hundred fifty, three members shall be elected, who shall serve for
terms of four years, from September one, nineteen hundred fifty, and
thereafter until their successors shall have been elected and qualified;
that member whose term of office shall expire September first, nineteen
hundred and fifty, shall be superseded in office by the three members
to be elected in nineteen hundred and fifty. The remaining two members,
whose terms of office expire September first, nineteen hundrd and fifty-
two, shall be succeeded in office on September first of that year by them-
selves or such other members as shall have been elected to succeed them
in the preceding June election. Vacancies in the Council shall be filled
within thirty days, for the unexpired term, by a majority vote of the
remaining members.

§ 12. Enactments.—(a) Each proposed ordinance, or resolution,
shall be introduced in a written or printed form, and the enacting clause
of all ordinances passed by the council shall substantially be, “Be it
ordained by the council of the town of Vinton, Virginia.”

(b) No ordinance, or resolution having the effect of an ordinance, or
resolution suspending an ordinance, unless it be an emergency measure,
shall be passed until it has been read at two meetings not less than one
week apart, one of which shall be a regular meeting and the other of
which may be either an adjourned or called meeting, provided the require-
ment of a second reading by the affirmative vote of * three members of
the council may be confined to the reading of the title only. Any ordinance
or resolution read at one such meeting may be amended and passed as
amended at the next such meeting, provided that the amendment does not
materially change the ordinance.. No ordinance shall be amended unless
such section or sections as are intended to be amended shall be reenacted.
The ayes and noes shall be taken and recorded upon the passage of all
ordinances or resolutions and entered upon the journal of the proceedings
of the council. Except as otherwise provided in this charter an affirmative
vote of a majority of the members elected to the council shall be necessary
to adopt any ordinance or resolution.

§ 18. Emergency measures.—(a) No ordinance passed by the coun-
cil shall take effect until at least thirty days from the date of its passage
except that the council may, by the affirmative vote of * three of its mem-
bers, pass emergency measures to take effect at the time indicated therein.

(b) An emergency measure is an ordinance for the immediate preser-
vation of the public peace, property, health or safety, or providing for
the daily operation of a municipal department. The emergency shall be
stated in every such measure. Ordinances appropriating money may be
passed aS emergency measures, but no measure selling or conveying any
real estate or making a grant, renewal, extension of a franchise or other
special privilege or regulating the rate to be charged for its service by
any public utility, shall ever be so passed.

2. An emergency exists and this act is in force from its passage.