Chap. 264.—An ACT to amend and re-enact section 18 and sub-sections 6, 7, and
9 of section 19, and section 25 of the act approved May 24, 1870, providing a
charter for the city of Richmond, and the several acts of the general assembly
amendatory thereof, concerning the powers of the city council, and relating to
actions against the city to recover damages from it for negligence in the con-
struction or maintenance of its streets, alleys or parks, where any person is
liable with the city for such negligence.

Approved February 3, 1900.

1. Be it enacted bv the general assembly of Virginia, That section
pimhteen and sub-sections six, seven, and nine of section nineteen, and
section twenty-five of the act approved May twenty-fourth, eighteen
hundred and seventy, providing a charter for the city of Richmond, and
the several acts of the general assembly amendatory thereof, concerning
the powers of the city council, be amended and re-enacted so as to read
as follows:

$18. A majority of the members of each branch shall constitute a
quorum for the transaction of business, but on all ordinances or reso-
|utions appropriating money exceeding one hundred dollars, imposing
or releasing taxes, or authorizing the borrowing of money, or donating
anv property of the city, or increasing any salary or pav of any employee
>f the city, where the value of such property is one hundred dollars or
more, or the aggregate of such increase of salary is one hundred dollars
>r more for any one year, a vote of two-thirds of all the members elected
+o each branch shall be necessary, and the yeas and nays shall be entered
on the journal of each branch, respectively. No vote shall be reconsid-
ered or rescinded at any special meeting, unless at such special meeting
there be prese nt as large a number of members as were present when such
vote was taken. No ordinance or resolution appropriating money ex-
eceding the sum of one thousand dollars, imposing taxes, or authorizing
the borrowing of money, shall be passed by the two branches on the
same day; nor shall any such ordinance or resolution be valid unless at
Jeast three days intervene between its passage by the said branches,
respectively.

VI. To establish, construct, keep in order, alter or remove landings,
wharves, docks, streets and approaches thereto, and lands already be-
Jonging to the city or acquired by the city by condemnation or other-
wise, for such purpose, and to lav and collect a reasonable duty on vessels
coming to and using the same, or lease the use of such landings, wharves
or docks upon such terms and conditions as to them may seem just, and
to regulate the manner of using other wharves and landings within the
corporate limits, to prevent or remove all obstructions in and upon any
Jandings, wharves, or docks. The said city shall have power to improve
and keep in good, safe, and navigable condition the harbor of James
river, within the corporate limits, and to that end, to acquire, by con-
demnation or otherwise, all lands or interest. therein deemed by the
council necessary for such improvement, and to hold such land as pubhe
property, or lease, sell, or otherwise dispose of the same, for the better
Improvement, maintenance, or use of harbor. They may also appoint
port-wardens for the port of said city, who shall exercise such powers
as the council may give them up to the port-warden’s lines, as they may
he established from time to time by the United States government, and
fix their fees and compensation. The city council of said city shall have
all the powers set forth in sections two thousand and eleven, two thou-
sand and thirteen, and two thousand and fourteen of the code of Vir-
gima, elebteen hundred and eighty-seven, which powers it may delegate
to some proper committee of persons satisfactory to said council.

VII. 'To close or extend, widen or narrow, lay out and graduate, pave,
and otherwise improve streets and publie alleys in the city, and have
them properly lighted and kept in good order; and they shall have over
any street or alley in the city, which has been or may be ceded to the
city, like authoritv as over other streets or alleys. They may build
bridges in and conduits under said streets, or authorize the construction
of conduits, and annex conditions and restrictions to the construction,
maintenance and use thereof and they may prevent or remove any
structure, obstruction or encroachment over or under or in a street or
alley or any sidewalk thereof, and may have shade trees planted along
the said streets: and no company shall occupy with its works the streets
of the city without the consent of the council. In the mean time, no
order shall be nade, and no injunction shall be awarded, by anv court
or judge. to stav the proceedings of the city in the prosecution of their
works, unless it be manifest that they, their officers, agents, or servants
are transcending the authority given them by this act, and that the
interposition of the court is necessary to prevent injury that cannot
be adequately compensated in damages, And in any action against the
city to recover damages against it for any negligence in the construction
or maintenance of its streets alleys, or parks, where any person is liable
with the city for such negligence, every such person shall be joined as
defendant with the city in any action brought to recover damages for
such negligence, and where there is a judgment or verdict against the
city, as well as the other defendant, it shall be ascertained by either the
court or the jury which of the defendants is primarily liable for the
damages assessed.

IX. To authorize the laying down of street railway tracks in the
streets of the city and the running of cars thereon, under such condi-
tions and regulations as they may prescribe, and also, from time to time,
to prescribe additional conditions and regulations as to the construction,
reconstruction, repair, and maintenance of the tracks, road-bed, and
cars, and the running of cars on such tracks. The city council may
take, under any contract heretofore made, hold, maintain, and operate
any street railway and fixtures thereto belonging, lying within the
city, and the lots and buildings and appurtenances owned by such com-
pany, and the equipment thereof, and maintain and operate the same
for the carriage of passengers or freight, for hire or reward, or, when
so taken, the council may grant the same to be operated by some other
person; and, in order to meet the expense of such acquisition, may issue
bonds, to be known as “ city railway bonds,” and secure the same upon
the road-bed, tracks, rolling stock, and earnings of such street railway.
The city council may likewise construct sewers, culverts, or drains under
the streets, alleys, or other public places of the city, and may compel
the use thereof, and assess the expense of such construction and recon-
struction upon the real estate which, in their opinion, shall be bene-
fited thereby, as prescribed by section one thousand and forty-three of
the code of eighteen hundred and eighty-seven, as amended by an act
approved March four, eighteen hundred and ninety-six (acts eighteen
hundred and ninety-five and ninety-six, page seven hundred and ninety-
nine), or they may, in lieu of such assessment, assess and collect com-
pensation for the use of such sewers, culverts, or drains, and compel the
payment of such compensation; and, in order to meet the expense of the
construction of such sewers, culverts, or drains, may issue bonds, to be
known as “culvert bonds,” to the payment of the interest on which all
revenue derived from the hire of the use of such sewers, culverts, or
drains shall be dedicated.

And the city council may acquire, by condemnation or otherwise,
any interest or right of any property holder in and to the use of any
sewer, culvert, or drain already constructed in the city, and when such
right shall be so acquired, charge such person for the use of the same.

§ 25. Whenever any new street shall be laid out or graded, or a side-
walk paved, or any other public improvement whatever made, other than
a culvert, sewer, or drain, the city council may determine what portion,
if anv, of the expenses thereof ought to be paid from the public treasury,
and what portion by the owners of real estate benefited, or may order and
direct that the whole expense be assessed upon the owners of real estate
benefited thereby. But no such public improvement shall be made, to
be defraved in whole or in part by a local assessment, until first re-
quested by a petition signed by at least a majority of the owners of
property to be assessed for such improvement, or unless at least threc-
fourths of all the council shall coneur in voting any improvement to be
expedient, or in determining to make the same after allegations have
been heard; in which case no petition or request shall be necessary. The
council shall have the same powers to collect such local assessments
for improvements as are hereinafter vested in them for the collection
of taxes.

2. This act shall be in force from its passage.