CHAPTER 265

An Act to amend and reenact §§ 7 and 8, as amended, of Chapter 3 of
Chapter 168 of the Acts of Assembly of 1874-5, approved March 11,
1875, which provided a charter for the city of Petersburg and to
further amend Chapter 8 of such charter by adding thereto §§ 8(a),
9.1, 9.2, 9.8 and 9.4; and to amend and reenact § 4, as amended, of
Chapter 6 of said charter; and to further amend said charter by
adding thereto a Chapter 4A containing §§ 1-9; and to repeal § 9, as
amended, of Chapter 8 of said charter. [H 344]

Approved March 8, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 7 and 8, as amended, of Chapter 3 of Chapter 163 of the
Acts of Assembly of 1874-5, approved March 11, 1875, are hereby amended
and reenacted and said Chapter 3 is further amended by adding thereto
§§ 8(a), 9.1, 9.2, 9.8 and 9.4 and that § 4, as amended, of Chapter 6 of
said Chapter 163 of the Acts of Assembly of 1874-5 is hereby amended
and reenacted and said Chapter 163 of said Acts of Assembly is further
amended by adding thereto a Chapter 4A, containing §§ 1-9, the amended
and new sections being as follows:

§ 7. Where, by the provisions of this * charter, or any amendment
thereof, the Council have * authority to pass ordinances. or regulations on
any subject, they may prescribe * a penalty not exceeding * twelve months
imprisonment or fine not exceeding one thousand dollars (except where
penalty is * otherwise provided for in this charter or any amendment)
for a violation thereof, and may provide that the offender on failing to
pay the penalty recovered, shall be imprisoned * for * a term not exceed-
ing * two calendar months, as provided in § 19-809 of the Code of Vir-
ginia, which penalty may be prosecuted and recovered, with costs, in
the name of the city of Petersburg. Provided, however, that should there
be a statute of the State of Virginia upon the same subject, then the said
Council may provide the same penalty for violation of such ordinance
as is provided by the State law for violation of State statute. The Council
may also provide that any police officer may detect and arrest any person
violating any of such ordinances or regulations and bring him to trial at
the next sitting of the police justice or as soon thereafter as may be.

§ 8. All ordinances hereafter passed by the Council for violation
of which any penalty is imposed, shall be published once, at least, in * a
newspaper published in the city of Petersburg, to be designated by the *
Council; provided, however, the Council may, in its judgment, direct that
only the title of an ordinance, describing clearly and fully its subject in
general terms and setting forth the penalty for its violation, be published
and such publication shall be sufficient compliance with this section. When
the latter method of publication is used, the publication shall state that
complete copies of the ordinance or code so adopted may be obtained by
any interested person at the office of the Clerk of the City Council. A
record or entry made by the Clerk of said Council, or a copy of said
record or entry, duly certified to by him, shall be prima facie evidence of
the publication of any such ordinance, or any amendment thereof; and
all laws, regulations and ordinances of the Council may be read in evidence
in all courts of justice, and in all proceedings before any officer, body or
board in which it shall be necessary to refer thereto, either from a copy
thereof, certified by the Clerk of the said Council, or from the volume of
ordinances printed by the authority of the Council. But the provisions of
this section as to publication of ordinances shall not apply to ordinances
embodied in any general compilation, codification or revision of ordi-
ait cen, peiniiesd by authority of the Council and adopted by the Council
as a code.

§ 8(a). The City Council may adopt, by reference, any standard
or recommended ordinance or code relating to any matter subject to
regulation by the Council. It shall not be required that an ordinance or
code so adopted be set forth in full in the adopting ordinance, but refer-
ence to the same in the adopting ordinance by name, style or title, in
which the purpose thereof is clearly stated, shall be sufficient, provided,
it be stated in such adopting ordinance that copies of the ordinances or
code so adopted may be obtained at the office of the Clerk of the City
Council or at any other specified place. Publication of the adopting ordt-
nance shall be sufficient compliance with § 8 of this chapter and recor-
dation by the Clerk of the Council of the adopting ordinance in the book
kept by him for the recordation of ordinances shall be a sufficient recor-
dation of the ordinance or code adopted by reference, provided copies of
such ordinance or code shall be kept on file in the office of the Clerk of
the Council. Revisions made by the Council in any such standard or
recommended ordinance or code shall not affect the validity of the same
if adopted in accordance with the provisions of this section. The provt-
sions of this section shall be deemed to be applicable to any standard or
recommended ordinance or code heretofore adopted by the Council, and
the same shall be deemed to be valid if the procedure herein provided shall
have been substantially followed.

§ 9.1. The city is hereby authorized to acquire by condemnation
proceedings lands, .buildings, structures and personal property or any
interest, right, easement or estate therein, of any person or corporation,
whenever in the opinion of the Council a public necessity exists therefor,
which shall be expressed in the resolution or ordinance directing such
acquisition, or whether or not such lands, buildings, structures or per-
sonal property or interest, right, easement or estate has already been
devoted to a public use, and whenever the city cannot agree on terms of
purchase or settlement with the owners of the subject of such acquisition
because of incapacity of such owner, or because of the inability to agree
on the compensation to be paid or other terms of settlement or purchase,
or because the owner or some one of the owners is a non-resident of the
State and cannot with reasonable diligence be found in the State or is
unknown. Provided, however, when any such property is owned by a cor-
poration authorized to exercise the power of eminent domain, such pro-
ceedings will be governed by § 25-283 of the Code of Virginia.

Such proceedings may be instituted in the Hustings Court of the
City of Petersburg if the subject to be acquired is located within the city,
or, if it ie not located within the city, in the circuit court of the county
in which it is located. If the subject is situated partly within the city and
partly within any county the circuit court of such county shall have con-
current jurisdiction in such condemnation proceedings with the Hustings
Court of the City of Petersburg. The judge or the court exercising such
concurrent jurisdiction shall appoint five disinterested freeholders any
CH. 265] ACTS OF ASSEMBLY 319

or all of whom reside either in the county or city, any three of whom may
act as commissioners, as provided by law.

§ 9.2. The city may, in exercising the right of eminent domain con-
ferred by the preceding section, make use of the procedure prescribed by
the general law as modified by said section or may elect to proceed as
hereinafter provided. In the latter event the resolution or ordinance
directing acquisition of any property, as set forth in the preceding section,
shall provide therein in a lump sum the total funds necessary to compensate
the owner or owners thereof for such property to be acquired or dam-
aged. Upon the adoption of such resolution or ordinance the city may file
a petition in the clerk’s office of a court enumerated in the preceding
section, having jurisdiction of the subject, which shall be signed by the
city manager or the city attorney and set forth the interest or estate to
be taken in the property and the uses and purposes for which the prop-
erty or the interest or estate therein is wanted, or when property is not
to be taken but is likely to be damaged, the necessity for the work or
improvement which will cause or is likely to cause such damage. There
shall also be filed with the petition a plat of a survey of the property with
a profile, if pertinent to the question of damage to remaining property of
the owner or owners, showing cuts and fills, trestles and bridges, if any,
and a description of the property which, or an interest or estate in which,
is sought to be taken or likely to be damaged and a memorandum show-
ing names and residences of the owners and tenants of the property, if
known, and showing also the quantity of property which, or an interest or
estate in which, is sought to be taken or which will be or is likely to be
damaged. There shall be filed also with said petition a notice directed to
the owners and tenants of the property, if known, copies of which shall
be served on such owners and tenants of the freehold of such property, if
known. If the owner or tenant of the freehold be unknown or a non-
resident of the State or cannot with reasonable diligence be found in the
State, or if the residence of the owner or tenant be unknown, he may be
proceeded against by order of publication which order, however, need not
be published more than once a week for two successive weeks and shall be
posted at a main entrance to the courthouse. The publication shall in all
other respects conform to §§ 8-71, 8-72 and 8-76 of the Code of Virginia.

Upon the filing of said petition and the deposit of the funds provided
by the Council for the purpose in a bank to the credit of the court in
such proceedings and the filing of a certificate of deposit therefor the
interest or estate of the owner of such property shall terminate and the
title to such property or the interest or estate to be taken in such prop-
erty shall be vested absolutely in the city and such owner shall have such
interest or estate in the funds so deposited as he had in the property
taken or damaged and all liens by deed of trust, judgment or otherwise
upon said property or estate shall be transferred to such funds and the
city shall have the right to enter upon and take possession of such prop-
erty for its uses and purposes and to construct its works or improvements.
The clerk of the court in which such proceeding is instituted shall make
and certify a copy of the petition, exhibits filed therewith, and orders,
and deliver or transmit the same to the clerk of the court in which deeds
are admitted to record, who shall record the same in his deed book and
index them in the name of the person or persons who had the property
before and in the name of the city. From the funds so paid into court or
to the clerk thereof, the court shail, at the request of the owner, pay any
indebtedness of the owner which is a lien upon such property and is
evidenced by a deed of trust or other instrument duly recorded; provided,
that not in excess of ninety per centum of the money paid into court
or to the clerk may be so used, and provided further, that if the award
of the court in condemnation proceedings be less than the amount so paid.
320 ACTS OF ASSEMBLY [vA., 1956

the city may recover the excess from any person to whom the same has
been paid. The balance of such money shall be held by the court for dis-
position in accordance with the order of the court in the condemnation
proceedings.

If the city and the owner of property so taken or damaged agree
upon compensation therefor, upon filing such agreement in writing in the
clerk’s office of such court the court or judge thereof in vacation shall
make such distribution of such funds as to it may seem right, having
due regard to the interest of all persons therein whether such interest
be vested, contingent or otherwise, and to enable the court or judge to
make a proper distribution of such money it may in its discretion direct
inquires to be taken by a special commissioner in order to ascertain
what persons are entitled to such funds and in what proportions and may
direct what notice shall be given to the making of such inquires by such
special commissioner.

If the city and owner cannot agree upon the compensation for the
property taken or damaged, if any, upon the filing of a memorandum in
the clerk’s office of said court to that effect, signed by either the city or
the owner, the court shall appoint commissioners provided for in § 25-18
of the Code of Virginia or as provided for in § 9.1 of this chapter, and
all proceedings thereafter shall be had as provided in §§ 25-12 through
25-88 of the Code of Virginia insofar as they are then applicable and
are not inconsistent with the provisions of this and the preceding sections,
and the court shall order the deposit in bank to the credit of the court
of such additional funds as appear to be necessary to cover the award of
the commissioners or shall order the return to the city of such funds
deposited that are not necessary to compensate such owners for property
taken or damaged. The commissioners so appointed shall not consider
improvements placed upon the property by the city subsequent to the bring-
tng of any proceeding for the condemnation of such property, whether the
same shall have been dismissed or not nor the value thereof nor the
enhancement of the value of said property by said improvements in making
their award.

§ 9.8. In all cases under the provisions of §§ 9.1 and 9.2, the en-
hancement, if any, in value of the remaining property of the owner by
reason of the construction or improvement contemplated or made by the
city, shall be offset against the damage, if any, resulting to such remain-
ing property of such owner by reason of such construction or improve-
ment, provided such enhancement in value shall not be offset against
the value of the property taken, and provided further, that if such en-
hancement in value shall exceed the damage there shall be no recovery
over against the owner for such excess.

§ 9.4. Whenever any money shall have remained for five years in
the custody or under the control of any of the courts enumerated in § 9.1
in any condemnation proceeding instituted therein by the city, without
any claim having been asserted thereto such court shall, where the amount
is one hundred dollars or more, cause a publication to be made once a
week for two successive weeks in a newspaper of general circulation
published in the city, setting forth the amount of such money, the source
from which it was derived and the proceeding in which it is held, and
requiring all persons having any claim to said money to appear before
said court within such time after the completion of the publication as
the court may prescribe, and establish their claim. If the sum be less than
one hundred dollars, the court shall direct the same to be paid into the
treasury of the city, and a proper receipt for the payment taken and filed
among the records of the proceeding. If no person shall appear and show
title in himself the court shall order the money, after deducting there-
from the costs of such publication if such publication is made, and any
CH. 265] ACTS OF ASSEMBLY 321

other proper charges, to be paid into the treasury of the city and a
proper receipt for the payment to be taken and filed among the records
of the proceeding. The city auditor shall, in a book provided for the
purpose, keep an account of all money thus paid into the city treasury,
showing the amount thereof, when, by whom, and under what order tt
was paid, and the name of the court and, as far as practicable, a descrip-
tion of the suit or proceeding in which the order was made and, as far
as known, the names of the parties entitled to said funds. Money thus
paid into the treasury of the city shall be paid out on the order of the
court having jurisdiction of the proceeding, to any person entitled thereto
who had not asserted a claim therefor in the proceeding in which it was
held, upon satisfactory proof that he is entitled to such money. If such
claim be established the net amount thereof, after deducting costs and
other proper charges, shall be paid to the claimant out of the treasury
of the city on the warrant of the director of finance. No claim to such

shall be asserted after ten years from the time when such court
obtained control thereof, provided, however, if the person having such
claim was an infant, insane, or imprisoned at the time the claim might
have been presented or asserted by such person, claim to such money may
be asserted within five years after the removal of such disability.

Chap 6

§ 4. There shall be elected by the qualified voters of the city of
Petersburg, on the Tuesday after the first Monday in November, nineteen
hundred five, and every four years thereafter, sixteen justices of the
peace for a term of four years beginning on the first day of January fol-
lowing their election. Justices of the peace elected hereunder shall con-
tinue in office until their successors shall be qualified. Justices of the
peace elected hereunder shall qualify by taking the oath prescribed by
law, before the judge of the Hustings Court of the city, in term time or
vacation, or before the clerk of said court in his office. When such qualifi-
cation is before the judge he shall certify the fact to the clerk of said
court, and the certificate shall be entered by the clerk of said court in the
order book of the court on the law side thereof. When such qualification
is Lyk pe clerk in his office, the said clerk shall enter the fact in said
order .

Chap 4A
Reassessment of Real Estate

8 1. The council may, in its discretion, in lieu of the means and
methods now prescribed by law, provide by ordinance for the annual
assessment and reassessment and equalization of assessments of real
estate for local taxation, and to that end may establish in the city a city
real estate assessment office and elect as assessor or assessors one or more
persons whose duty it shall be to assess and reassess for taxation the real
estate within the city, to equalize such assessments, and to discharge
such other duties in connection therewith as the council shall prescribe.

§ 2. Such assessor or assessors shall make such assessments and
reassessments on the same basis as real estate is required to be assessed
under the provisions of Title 58 of the Code of Virginia and as of the first
day of January of each year, shall have the same authority as the assessors
appointed under the provisions of that title, and shall be charged with
duties similar to those thereby imposed upon such assessors, except that
such assessments or reassessments shall be made annually, and the assess-
ments and reassessments so made shall have the same effect as if they had
been made by assessors appointed under the provisions of the said title.
§ 8. The term of such assessor or assessors may be fixed by the
Council, but he or they shall serve at the will of the Council, and any
vacancy or vacancies, however occurring, shall be filled by the Council.
The Council shall likewise fix the compensation of any such assessor or
assessors, provide such clerical or other assistance as may be necessary,
and provide for the payment of such salaries and other expenses as may
be properly incident to the work involved. And all such salaries, expenses
and other costs incurred in connection with such assessment or reassess-
ment shall be paid out of the treasury of the city.

§ 4. All duties imposed and all powers conferred by law on the
commissioner of the revenue of the city with respect to the assessment of
real estate for taxation shall, upon the adoption of an ordinance by the
city under the provisions of this charter, be transferred to the assessor-or
assessors elected by the council of the city pursuant to the provisions of
this charter, except that such commissioner of the revenue shall not be
relieved of his duties with respect to the preparation of the land books
for use in the city and the delivery and filing of copies thereof as required
Seed provisions of Title 58 of the Code of Virginia, but such land books
shall be prepared by the commissioner of the revenue in accordance with
the assessments or reassessments made and certified to him by the assessor
or assessors elected under the provisions of this charter, and taxes for
each year shall be extended on the basis of such assessments or reassess-
ments or on the basis of the last previous assessment of the property
involved if no change in such assessment shall have been made.

. Any person assessed with taxes or levies on real estate under
the provisions of this charter may apply for relief therefrom in the man-
ner provided by the applicable provisions of Chapter twenty-two of Title
58 of the Code of Virginia.

6. The assessor or assessors so elected shall have the powers con-
ferred on boards of equalization by Chapter 19 of Title 58 of the Code of
Virginia, as amended or hereafter amended.

§ 7. The Council if in its judgment necessity therefor exists, may
at any time during any year, by resolution, request the Judge of the Hust-
ings Court, either in term time or vacation, to appoint a board of equali-
zation consisting of three members, all of whom shall be freeholders of
the city. The Judge of the Hustings Court, upon receiving such request
from the Council, shall forthwith appoint such board of equalization, which
shall continue in existence for such term not exceeding one year as the
Council may prescribe. The compensation of the members of such board
shall be fixed by the City Council and paid out of the city treasury.
The board shall sit at and for such time or times as may be necessary
for the discharge of its duties; provided, the period during which such
sittings shall be held shall not exceed thirty days, unless otherwise pro-
vided by the Council. The provisions of Chapter 19 of Title 58 of the
Code of Virginia, as amended, or hereafter amended, insofar as the same
may be applicable, shall apply to the board of equalization appointed pur-
suant to the provisions of this section except as otherwise provided herein.

§ 8. The powers conferred upon the assessor or assessors by § 6 of
this charter shall continue in effect except during such time as a board of
equalization created under the provisions hereof shall be in existence.

§ 9. This chapter shall not apply to any assessment of real estate
assessable under the law by the State Corporation Commission of Virginia.
2. §9 of Chapter 3 of the Acts of Assembly of 1874-5, approved March
11, 1875, is hereby repealed.

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