CHAPTER 17

An Act to amend and reenact § 4 of Chapter I, § 16 of Chapter II, and
§§ 2, 8,4 and 8 of Chapter X of Chapter 578 of the Acts of Assembly
of 1952, approved April 3, 1952, which chapter provided a charter for
the City of Danville, the sections relating, respectively, to the powers
of the city, the election of certain city officials, and to the Depart-
ment of Finance, including its powers and duties and the violation of
certain acts; to amend the said chapter of the Acts of Assembly of
1952 by adding a chapter numbered X (1), consisting of sections
numbered 1 through 5, creating a Department of Purchase, prescrib-
ing its powers and duties and providing for the administration there-
of; to further amend said chapter of the Acts of Assembly of 1952 by
adding in Chapter XVI a section numbered 8.1, creating a Depart-
ment of Tax Asssessment, prescribing its powers and duties and
providing for the administration thereof; and to repeal §§ 5, 6 and 7
of Chapter X of Chapter 578 of said Acts of Assembly of 1952, the
repealed sections relating, respectively, to the Division of Pur-
chasing, competitive bidding, and certain purchases and sales.

[fH 19]
Approved February 12, 1962

Be it enacted by the General Assembly of Virginia:
That §§ 5, 6 and 7 of Chapter X of Chapter 578 of the Acts of
mbly of 1952, approved April 3, 1952, are repealed.
That § 4 of Chapter I, § 16 of Chapter II and §§ 2, 3, 4 and 8 of Chapter
' Chapter 578 of theActs of Assembly of 1952, approved April 3, 1952,
mended, be amended and reenacted; that the said chapter of the Acts of
mbly of 1952 be amended by adding a chapter numbered X (1) con-
ng of sections numbered 1 through 5; and that the said Chapter 578
1e Acts of Assembly of 1952 be further amended by adding in Chapter
a section numbered 38.1, as follows:
CHAPTER I

INCORPORATION, BOUNDARIES AND POWERS
§ 4. Powers of the City.—In addition to the powers mentioned in
preceding section, the said city shall have power:
(1) To raise annually by taxes and assessment in said city on all
ects the taxation of which by cities is not forbidden by general law,
.sums of money as the council herein provided for shall deem necessary
the purposes of said city, and in such manner as said council shall deem
dient, in accordance with the Constitution and laws of this State, and
he United States.
(2) The council may impose a tax of one dollar per annum upon
male and female resident of the city above the age of twenty-one

3) The council may impose a tax upon all corporations located in
city, or having their principal office therein, or doing business within
city, and not exempted by law from taxation. It may impose a tax on
chants, commission merchants, traders, lawyers, physicians, dentists,
cers, brokers, manufacturers, hotel keepers, keepers of eating houses;
its for the transaction of any taxable business; and any cooperative
ciation, group or corporation organized under Chapter 14 of Title 13
he Code of Virginia or organized for the purpose of the sale of leaf
cco at public auction or otherwise; and the council may impose a tax
1 any other business, trade, persons or employment, whether such busi-
, trade, person or employment be herein specifically enumerated or not,
whether any tax be imposed thereon by the State or not unless prohib-
by general law. As to all such business, trade, persons or employment,
council may lay a direct tax, or may require a license therefor, as may
nost expedient and proper, under such regulations as it may prescribe,
levy a tax thereon.

(4) The council may require licenses of owners of vehicles of all kinds
the privilege of using the streets, alleys and other public places in the
, require taxes to be paid on such licenses and to prohibit the use of
streets, alleys and other public places in the city without such license.

(5) The council may subject any person who, without having obtained
a license therefor, shall do any act or follow any employment or business
in the city for which a license may be required by ordinance to such fine
or penalty as it is authorized to impose for violation of any of its laws.

(6) All goods and chattels wheresoever found may be destrained and
sold for taxes assessed and due thereon, and no deed of trust or mortgage
upon goods and chattels shall prevent the same from being distrained and
sold for taxes.

(7) There shall be a lien on real estate for the city taxes assessed
thereon from the commencement of the year for which they are assessed.
The collector of taxes of said city may distrain and sell therefor, in like
manner as a sergeant or city treasurer or other collector may distrain
and sell for state taxes, and shall have in other respects, like power to
enforce the collection of all taxes and assessments properly placed in his
hands for collection.

The council may require the real estate in said city which is delinquent
for the nonpayment of taxes to be sold for the same, with interest thereon
and such per centum as it may prescribe for charges and expenses of sale
and collection, and may regulate the terms on which real estate may be
sold or redeemed; provided, that such sales shall be made after the manner
prescribed by general law.

The council of the city of Danville may provide by ordinance now in
force, or hereafter adopted, for the collection of city taxes and levies on
real estate and tangible personal property in installments, at such times,
with such penalties for delinquent payments, and with such interest at not
exceeding the rate of six per centum per annum upon the principal and
penalties of all such taxes and levies, or installments thereof, from the
date such taxes or installments thereof respectively become due, as may
from time to time be fixed and prescribed by ordinance.

Should the collector of the city taxes, or other person designated to
receive same, fail to collect and pay over the said taxes at the time
prescribed by the council, he and the sureties on his bond given for the
faithful discharge of his duties, their executors and administrators, shall
be liable therefor and the same may be collected or enforced by motion
or action or other remedy prescribed by general law before the Corporation
Court of the city of Danville.

(8) (a) The council shall have the power, in lieu of the means and
methods prescribed by law, to provide by ordinance for the annual assess-
ment and reassessment and equalization of assessments of real estate
for local taxation *.

(b) All such real estate shall be assessed at its fair market value and
as of the first day of January of each year such assessor or assessors
shall have the same authority as the assessors appointed under the provi-
sions of the Code of 1950, 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 assessments and reassess-
ments so made shall have the same effect as if they had been made by
assessors appointed under the provisions of the Code of 1950. Said annual
assessments or reassessments shall be completed by said assessor or
assessors by the thirty-first day of August of the year in which they are
made. Taxes for each year on such real estate shall be extended on the
basis of the last assessment made prior to such year, subject to such
changes as may have been lawfully made.

(c) The term of such assessor or assessors shall be indefinite, and
any vacancy or vacancies, however occurring, shall be filled by the * city
manager. The council shall * fix the compensation of any such assessor or
assessors, * and provide such clerical or other assistance as may be neces-
sary, and the council shall 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 reassessments shall be paid out of the treasury of the city.

(d) That notwithstanding any provision of §§ 58-895—58-902 and
Paragraph 58-914 of the Code of 1950, the Corporation Court of the
city of Danville, Virginia, or the judge thereof in vacation shall, annually,
appoint for the City of Danville, a board of review of real estate assess-
ments to be composed of three members, who shall be freeholders of the
city for which they serve. The terms of such members shall commence
on their appointment and shall expire on the thirtieth day of November
of the year in which they are appointed, unless such terms are extended.
The court or the judge thereof in vacation may extend the terms of the
members of the board of review and shall fill any vacancy therein for
the unexpired term. The members of the board shall receive per diem
compensation for the time actually engaged in the duties of the board to
be fixed by the council of the City of Danville, and to be paid out of the
treasury of such city, and the council may limit the per diem compensa-
tion to such number of days as, in its judgment, is sufficient for the com-
pletion of the work of the board.

(e) Such board of review shall have and may exercise the power to
revise, correct and amend any assessment of real estate made by the
assessor in the year in which they serve, and to that end shall have all
powers conferred upon boards of equalization by §§ 58-908—58-912 of
the Code of 1950. Notwithstanding any provision of such sections, the
board of review may adopt any regulations providing for the oral presenta-
tion, with formal petitions or other pleadings or requests for review, and
looking to the further facilities and simplification of proceedings before
the board.

(f) That any person or any such city aggrieved by any assessment
made by the board of review may apply for relief in the manner provided
by §§ 58-1145—58-1151 of the Code of 1950.

(zg) That this act shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

(9) A tenant from whom payment of taxes on his landlord’s prop-
erty shall be obtained by distress or otherwise shall have credit for the
same against such person on account of his rent, unless by contract the
tenant is required to pay such taxes.

(10) 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.

(11) Subject to the provisions of the Constitution of Virginia and of
Chapter XII of this Charter, to contract debts, borrow money and make
and issue evidences of indebtedness.

(12) To expend the money of the city for all lawful purposes.

(18) To accept or refuse gifts, donations, bequests or grants from
any source for any purpose related to the powers and duties of the city

government.

(14) To provide, or aid in the support of, public libraries, public
schools and nonprofit hospitals.

_ (15) To grant financial aid to military units organized in the city
in accordance with the laws of the Commonwealth and to charitable or

nevolent institutions and corporations, including those established for
Scientific, literary or musical purposes or the encouragement of agricultural
or mechanical arts, whose functions further the public purposes of the
city; provided that no appropriation for any of the purposes mentioned
shall be made unless two-thirds of all the members elected to the council
shall vote therefor.

(17) To make and maintain public improvements of all kinds, in-
cluding municipal and other public buildings, armories, markets, libraries,
hospitals, comfort stations or rest rooms and all buildings necessary or
appropriate for the use of the departments of fire and police; and to
establish a market or markets in and for said city for the sale of food-
stuffs, to appoint proper officers therefor; to provide suitable buildings
and grounds therefor and to make and enforce such rules and regulations
as shall be necessary to restrain and prevent huckstering, forestalling
and regrating, and for the purpose of regulating and controlling the sale
of fresh meats, seafood, farm and domestic products and all perishable
foods in said city; the council shall also have authority to confine the
sale of such articles or products to the public markets and public squares
provided by the city for that purpose, and shall have full power and
authority to regulate the same.

(18) To acquire, construct, own, maintain and operate, within and
without the city, places for the parking or storage of vehicles by the
public, which shall include but shall not be limited to parking lots, garages,
buildings and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city government or by
a board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such
places or any portions thereof, pursuant to lease or agreement, upon such
terms and conditions as the council may determine by ordinance; and
charge or authorize the charging of compensation for the parking or
storage of the vehicles or other services at or in such places.

(19) To acquire, construct, own, maintain and operate, within and
without the city airports and all the appurtenances thereof; provide for
their management and control by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; charge or authorize the charging of compensation for the
use of any such airport or any of its appurtenances; lease any appurten-
ance of any such airport or any concession incidental thereto or, in the
discretion of the council, lease any such airport and its appurtenances with
the right to all concessions thereon to, or enter into a contract for the
management and operation of tlie same with, any person, firm or corpora-
tion on such terms and conditions as the council may determine by
ordinance.

(20) To acquire, construct, own, maintain and operate, within and
without the city, stadia, arenas, swimming pools and other sport facilities,
provide for their management and control by a department of the city
government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of compen-
sation for the use of or admission to such stadia, arenas, swimming pools
and other sport facilities, including charges for any services incidental
thereto; lease, subject to such regulations as may be established by ordi-
nance, any such stadium, arena, swimming pool or other sport facility or
any concession incidental thereto, or enter into a contract with any person,
firm or corporation for the management and operation of any such
stadium, arena, swimming pool and other sport facility, including the right
to all concessions incident to the subject of such contract, on such terms
and conditions as the council may determine by ordinance.
(21) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys, boule-
vards and parkways, and to alter or close the same; to establish and
maintain public parks, playgrounds and other public grounds; 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; to regulate the
operation and speed of all locomotives, cars and vehicles using the streets
or railroads within the city; to regulate the services to be rendered and
the rates to be charged by taxicabs and other public vehicles used for
hauling passengers for hire, including the number of such vehicles; to
regulate the use of the streets by public busses and to designate what
streets may be used by them.

(22) To acquire, construct and maintain and authorize the construc-
tion and maintenance of bridges, viaducts, subways or underpasses over
or under Dan River, or any other stream, creek, or ravine when any
portion of such bridge, viaduct, subway or underpass is within the city
limits, and to charge or authorize the charging of tolls for their use by
the public, and to require compensation for their use by public utility,
transmission or transportation companies, except as the right to require
such compensation is affected by any contract heretofore or hereafter
made with the company concerned.

(23) To establish, in the manner hereinafter provided for, adjacent
to or near the lines of existing streets, on either or both sides thereof,
building lines, and to provide that no new buildings shall thereafter be
erected upon the property (hereinafter called the interlying property)
lying between said building lines and the street lines. Said building lines
may be established for the whole or any part of a street (but not less
than one block or the distance between two cross streets), as the council
may determine. Before any such lines shall be established, the council
shall cause to be published, for at least ten days, in some paper of general
circulation in the city, a notice addressed generally, but without naming
them, to the owners of the property on which building lines are proposed
to be established, stating that it is proposed to establish building lines
thereon and naming a day when a hearing will be had in respect thereof.
After said hearing the council may proceed to establish such lines, and
the recording of the ordinance establishing the same shall be copied by
the Clerk of the Council in a book to be kept for that purpose, and indexed
in the name of the street near which said building lines are to be estab-
lished, and thereafter all persons shall be deemed to be affected with
notice of the establishment of such lines, and no permits shall be granted
for the construction of any building on the interlying property.

But the ordinance establishing such lines shall become null and void
iS against any owner of property objecting thereto, unless:

(a) When the interlying property shall be unoccupied by buildings,
he city shall, within five years after the passage of the ordinance estab-
ishing said lines, purchase the same or institute condemnation proceedings
‘or the acquisition thereof; or

(b) When the interlying property is occupied, in whole or in part,
xy buildings, the city shall, within sixty days after receipt of notice in
vriting that the said buildings have been removed from said interlying
yroperty (it being hereby made the duty of the said owner to give such
10tice), purchase said interlying property or institute condemnation pro-
eedings for the acquisition thereof, and thereafter complete its acquisi-
ion of property in said proceedings.

The rights of the city shall not be prejudiced by any defect in the
proceedings instituted under paragraphs (a) and (b) hereof, resulting
in their dismissal, if within thirty days after said dismissal new proceed-
ings shall be instituted for the same purpose.

(24) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways and bridges beyond the limits
of the city, in order to facilitate public travel to and from said city and
any property owned by said city and situated beyond the corporate limits
thereof, and to acquire land necessary for such purposes by condemnation
or otherwise.

(25) To establish and maintain a proper system of sewers and drains,
and make and construct sewers or public ducts through said city and to
extend the same beyond the limits of the city where deemed expedient,
and to allow and compel persons owning property abutting upon streets
in which said sewers or ducts are laid to connect their property with said
sewers or ducts upon such terms, in such manner and at such time as the
council may determine, and upon failure or refusal of such property
owner to so connect his property the council may by ordinance prohibit
the further or continued use or inhabitation of such property until such
connection is made; to regulate or prohibit certain connections to and
use of sewers; and to construct, maintain and operate within and without
the city sewage disposal works.

(26) To cause the footways or sidewalks upon the then existing
streets of the city to be paved, repaved and repaired, at the expense of the
abutting owners or occupiers of the lots or parts of lots; provided the
assessment so imposed shall not be in excess of the peculiar benefits result-
ing therefrom to such abutting landowners; and in case they or either
of them shall neglect or refuse to pave, repave or repair the sidewalks
when required, it shall be lawful for the council to have the same paved,
repaved or repaired, and recover the expense thereof before the * municipal
court or the Corporation Court, and in all cases where a tenant is
required to pave in front of the property in his or her occupation, the
expense of the paving so done shall be a good offset against so much of
the rent as he or she shall have paid toward such paving, but no tenant
shall be required to pay more for or on account of such paving than such
tenant may owe at the time of the commencement of said work, or as
may become due to the end of his or her tenancy, provided that no owner,
or occupier of a lot or lots in front of which paving is laid shall be required
to repave or repair said footways or sidewalks, in whole or in part, at
their own expense oftener than once in five years.

(27) The city is vested with the fee simple title to the public streets,
alleys and public ways within the city. Any street, alley, lane or other
public place reserved in the division or subdivision into lots within the
corporate limits of the city by a plat or plan of record shall be deemed
and held to be dedicated to the public use and the council shall have
authority upon the petition of any person or corporation interested therein
to open such street, alley, lane or other public place or any portion of the
same. No agreement between, or release of interest by, persons or cor-
porations owning the lands immediately contiguous to any such street,
alley, lane or other public place whether the same has been opened or
used by the public or not, shall avail to operate to abolish such street,
alley, lane or other public place or to divest the interest of the public
therein or the authority of the council over the same; provided that any
plat or part thereof recorded may be vacated, with the consent of the
council, by the owners thereof at any time before the sale of any lot
therein, by a written instrument declaring the plat to be vacated, which
shall be duly executed, acknowledged and recorded in the Clerk’s Office
wherein the plat to be vacated is recorded.

(28) To furnish all local public services; to purchase, hire, construct,
own, maintain and operate local public utilities, to acquire by condemnation
or otherwise, within or without the corporate limits, lands and other
property necessary for any such purposes.

(29) To own, operate and maintain, within and without the city,
water works, gas plants and electric plants with the pipe and transmission
lines incident thereto, for the purpose of supplying water and gas and
generating and supplying electricity, both within and Without the city
and to charge and collect compensation therefor and to provide penalties
for the unauthorized use thereof; but the council of said city shall not
sell, lease, or on any terms grant and convey the electric, gas or water
works or plants with their distributing systems and their necessarily
appurtenant franchises and rights, which are property of said city, unless
at a special election held after a proposal to sell or lease said electric, gas
or water works plant or plants, as the case may be, and franchise or
franchises, shall have been published once a week for four successive weeks
in some newspaper published in said city of Danville, any proposal or vote
of said council to sell, lease, or grant and convey, as aforesaid, the same
shall have been approved by two-thirds of the qualified voters of said city
who vote in said election, which two-thirds shall include a majority of
the qualified voters owning real estate in said city and voting in such
election. Said special election may be ordered by the Judge of the Corpora-
tion Court of said city after an ordinance or resolution of said council
requesting him to so order, and it shall be held according to the law of the
Commonwealth for special elections. Each ballot used in said special
election shall contain that part of the following that shall be applicable to
the particular case;

For the sale, or lease, of the electric plant, or for the sale or lease of
the gas plant, or for the sale or lease of the waterworks plant, including
franchises and rights, as the case may be.

Against the sale or lease of the electric plant, or against the sale or
lease of the gas plant, or against the sale or lease of the waterworks plant,
including franchises and rights, as the case may be.

If said majority shall approve as aforesaid, said judge shall enter an
order accordingly ; but if it shall dissapprove, no other election for the same
purpose shall be held until one year after the date of said special election.

(30) To establish, impose and enforce water, gas, electric and sewer-
age rates and rates and charges for public utilities, or other service,
products or conveniences, operated, rendered or furnished by the city;
and to assess or cause to be assessed, water, gas, electric and sewerage
rates and charges against the proper tenant or tenants of such persons,
firms, or corporations as may be legally liable therefor; and the council
may by ordinance require a deposit of such reasonable amount as it may
by such ordinance prescribe before furnishing any of said services to any
person, firm or corporation; and said city may refuse to restore any such
services to any person, firm or corporation, after the same may have been
disconnected for any reason, unless and until such person, firm or corpora-
tion shall have fully paid to said city any unpaid amount or amounts owing
to said city by such person, firm or corporation for past utility services.

(31) Subject to the provisions of the Constitution of Virginia, to
grant franchises for public utilities.

(32) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to acquire such lands and provide
and operate such facilities, whether within or without the city, as may be
necessary for the utilization or destruction or disposal of such materials,
or any of them.

(83) To regulate or prevent slaughter houses, junk yards or other
noisome or offensive business within said city, the keeping of animals,
poultry or other fowls therein, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate the
transportation of all articles or materials through the streets of the city;
to compel the abatement of smoke, odors and dust; to prevent unnecessary
noise therein; to. regulate the location of stables and the manner in which
they shall be kept and constructed, and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, comfort,
safety, convenience and welfare of the inhabitants of the city.

(34) To regulate the construction, maintenance and repair of build-
ings and other structures and the plumbing, electrical, heating, elevator,
escalator, boiler, unfired pressure vessel, and air conditioning installations
therein, for the purpose of preventing fire and other dangers to life and

ealth.

(35) To provide for the protection of the city’s property, real and
personal, the prevention of pollution of the city’s water supply, and the
regulation of the use of parks, playgrounds, playfields, recreational facili-
ties, airports and other public properties, whether located within or with-
out the city. For the purpose of enforcing such regulations all city
property wherever located and for whatever purpose it may be used shall
be under the police jurisdiction of the city. Any member of the police
force of the city or employee thereof appointed as a special policeman shall
have power to make arrest for violation of any ordinance, rule or regula-
tion adopted pursuant to this Charter and the * Municipal Court of said
city shall have jurisdiction in all cases arising thereunder within the city
and the * County Court of the County wherein the offense occurs shall
have jurisdiction of all cases arising thereunder without the city.

(36) To grant or authorize the issuance of permits under such terms
and conditions as the council may impose for the use of the streets, alleys,
and other public places of the city by railroads, buses, taxicabs and other
vehicles for hire; prescribe the location in, under or over, and grant per-
mits for the use of the streets, alleys and other public places for the
maintenance and operation of tracks, poles, wires, cables, pipes, conduits,
bridges, subways, vaults, areas and cellars; require tracks, poles, wires,
cables, pipes, conduits and bridges to be altered, removed or relocated
either permanently or temporarily; charge and collect compensation for
the privileges so granted; and prohibit such use of the streets, alleys and
other public places of the city, and no such use shall be made of the streets,
alleys and other public places of the city without the consent of the council.

(37) To regulate in the interest of the public health, the production,
preparation, distribution, sale and possession of milk, other beverages and
foods for human consumption, and the places in which they are produced,
prepared, distributed, sold, served or stored; to prevent the introduction
and sale in said city of any article or thing intended for human consump-
tion, which is adulterated, 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; regulate the construction,
installation, maintenance and condition of all water and sewer pipes, con-
nections, toilets, water closets and plumbing fixtures of all kinds; regulate
the construction and use of septic tanks and dry closets, where sewers are
not available, and the sanitation of swimming pools and lakes; provide
for the removal of night soil, and charge and collect compensation for the
removal thereof; provide for the quarantine of any person afflicted with
a contagious or infectious disease, and for the removal of such person to
a hospital or ward specially designed for contagious or infectious diseases ;
and make and enforce all regulations necessary to preserve and promote
public health and sanitation and protect the inhabitants of the city from
contagions, infections, or other diseases.

(38) To compel the removal of weeds from private and public
property and snow from sidewalks; the covering or removal of offensive,
unwholesome, unsanitary or unhealthy substances allowed to accumulate
in or on any place or premises; the erection of barriers or fences along the
street level of the portion of any lot adjacent to a street where the dif-
ference in level between the lot and the street constitutes a danger to life
and limb; the raising or drainage of grounds subject to be covered by
stagnant water; thé razing or repair of all unsafe, dangerous or unsanitary
public or private buildings, walls, or structures which constitute a menace
to the health and safety of the occupants thereof or the public; and to
compel the abatement or removal of any and all other nuisances whatso-
ever. If after such reasonable notice as the council may prescribe by
ordinance the owner or owners, occupant or occupants of the property or
premises affected by the provisions of this section shall fail to abate or
obviate the condition or nuisance, the city may do so and charge and
collect the cost thereof from the owner or owners, occupant or occupants
of the property affected in any manner provided by law for the collection
0) xes.

(39) To regulate or prohibit the manufacture, storage, transporta-
tion, possession and use of explosives or inflammable substances and the
use and exhibition of fireworks and discharge of firearms.

(40) To regulate or prohibit the making of fires in the streets, alleys
and other public places in the city and to regulate the making of fires on
private property.

(41) To regulate or prohibit the running at large and the keeping
of animals and fowl and provide for the impounding and confiscation of
any such animal or fowl found at large or kept in violation of such
regulations.

(42) To regulate the sale of goods, wares, and merchandise at auc-
tion; regulate the conduct of and prescribe the number of pawn shops and
dealers in second-hand goods, wares and merchandise; regulate or prohibit
the peddling or hawking of any article for sale on the streets of the city;
prevent fraud and deceit in the sale of goods, wares and merchandise;
require the weighing, measuring, gauging and inspection of goods, wares
and merchandise; require weights and measures to be sealed and subject
to inspection; and provide for the appointment of a sealer and one or more
weighmasters who shall perform such duties and functions as may be
prescribed by ordinance.

(43) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers; and to acquire lands
either within or without the city for such purposes.

_ (45) To establish, own, maintain and operate within or without the
city cemeteries for the interment of the dead, fix the price at which graves
and lots therein shall be sold, make contracts for their perpetual care and
establish the rates to be charged for the digging of graves, construction
of vaults and other services.

_ (46) To establish, maintain and operate, within or without the city,
a jail for the confinement of prisoners, ordered or sentenced to be confined
therein, and a jail farm; and compel able-bodied prisoners to work on such
farm, and in municipal service.

(47) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, elective city officials and their em-
ployees, members of the police and fire departments, teachers and other
employees of the school board, judges, clerks, deputy clerk, bailiffs and
other employees of the municipal courts, and to establish a fund or funds
for the payment of such pensions by making appropriations out of the
treasury of the city; by requiring contributions payable from time to time
from such officers or employees, or by any combination of these methods
or by any other method not prohibited by law, provided that the total
annual payments and income into such fund or funds shall be sufficient on
sound actuarial principles to provide for the pensions to be paid therefrom,
and further provided that the benefits accrued or accruing to any person
under such system shall not be subject to execution, levy, attachment,
garnishment or any other whatsoever nor shall any assignment of such
benefits be enforceable in any court. The retirement system trustees of said
city shall be a body corporate under the name and style of the “Employees’
Retirement System of the City of Danville, Virginia’, and shall hold and
dispose of assets of the system under such name.

(48) To exercise full police powers, and establish and maintain a
department or division of police.

(49) To create, regulate and maintain a fire department for the city
and to prescribe the duties of said department and its officers.

(50) For the purpose of guarding against the calamities of fire, the
council may, from time to time, designate such portions and parts of the
city as it deems proper within which inflammable buildings may not be
erected. It may prohibit the erection of wooden buildings or buildings of
inflammable material in any portion of the city without its permission,
and may provide for the removal of such buildings or additions which
shall be erected contrary to such prohibition at the expense of the builder
or owner thereof; or if any building in process of erection or already
built appears clearly to be unsafe, the council may cause such building
to be taken down, after reasonable notice to the owner; and the council
may by ordinance divide the city into zones; specify the kind and character
of buildings which may be erected in the different zones; provide for the
disposition of waste; provide precautionary measures against danger from
fires; provide for the removal of buildings or structures of any kind,
erected in violation of ordinances, at the expense of builder or owner;
and may do all things lawful to be done looking to the health and safety
of the inhabitants.

(51) To prevent any obstruction of or encroachment over, under or
in any street, alley, sidewalk or other public place; provide penalties for
maintaining any such obstruction or encroachment; remove the same and
charge the cost thereof to the owner or owners, occupant or occupants of
the property so obstructing or encroaching, and collect the sum in any
manner provided by law for the collection of taxes; require the owner or
owners or the occupant or occupants of the property so obstructing or
encroaching to remove the same; pending such removal charge the owner
or owners of the property so obstructing or encroaching compensation for
the use of such portion of the street, alley, sidewalk or other public place
obstructed or encroached upon the equivalent of what would be the tax
upon the land so occupied if it were owned by the owner or owners of the
property so obstructing or encroaching, and, if such removal shall not be
made within the time ordered, impose penalties for each and every day
that such obstruction or encroachment is allowed to continue thereafter ;
authorize encroachments upon streets, alleys, sidewalks or other public
places, subject to such terms and conditions as the council may prescribe,
but such authorization shall not relieve the owner or owners, occupant or
occupants of the property encroaching, of any liability for negligence on
account of such encroachment; and recover possession of any street, alley,
sidewalk or other public place or any other property of the city by suit
or action in ejectment.

(52) The city shall have, for the purpose of carrying out any of its
powers and duties, power to acquire by gift, bequest, purchase or lease,
and to own and make use of, within and without the city, lands, buildings,
other structures and personal property, including any interest, right,
estate or easement therein, and in acquiring such property to exercise,
within and without the city, the right of eminent domain as hereinafter
provided in this Chapter; and to sell, lease or otherwise dispose of the
same.

(53) The city is hereby authorized to acquire by condemnation pro-
ceedings 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,
whether or not any corporation owning the same be authorized to exercise
the power of eminent domain, or whether or not such lands, buildings,
structures or personal property or interest, right, easement or estate has
already been devoted to a public use, provided, however, that the provi-
sions of § 25-233 or any other applicable section of the Code of 1950, as
amended, shall apply as to any property owned by a corporation possess-
ing the power of eminent domain that may be sought to be taken by con-
demnation under the provisions of this act, 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 settle-
ment or purchase, or because the owner, or some of the owners, is a non-
resident of the State and cannot with reasonable diligence be found in the
State, or is unknown.

Such proceedings may be instituted in the Corporation Court of
Danville, if the subject to be acquired is located within the city, or, if it
not be 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 concurrent
jurisdiction in such condemnation proceedings with the court of the city
hereinbefore mentioned. The judge of the court exercising concurrent
jurisdiction shall appoint five disinterested freeholders, any or all of
whom reside either in the county or city, any three of whom may act as
Commissioners as provided by law.

(54) Land, buildings, fixtures and any property, real or personal,
owned by the city and situate outside the city, and used by the city for
the purpose of carrying out any of its powers and duties, shall be
exempt from taxation by the authorities of any county, city or town in
which the same may be located.

(55) The council may give names to or alter the names of streets
and shall have the right to direct that all houses on the respective
streets shall be assigned a number and require the property owner or
occupier to accept and display such number so assigned.

(56) Within the limits prescribed by the general laws of the Com-
monwealth, the council may require any railroad operating in the city to
provide, erect and maintain vertical arm gates on such railroad crossings
of streets as it may deem necessary.

(58) For the protection of the water supply of the city it may protect
from pollution, by proper penalties, the water in Dan River, by prohibiting
the throwing of filth or offensive matter therein for a distance of three
miles above the limits of the city, and may punish any offender by fine
or imprisonment, or both, or may enjoin any person from causing such
pollution.

(59) The city shall not take or use any private property for streets
or other public purposes without making just compensation therefor, but
when the city cannot obtain ground necessary for its purposes, it may
proceed to condemn the same in the method prescribed by law. No order
shall be made and no injunction shall be granted by any judge or court
of this Commonwealth to stay the proceedings of the city in the exercise
of any power granted it over its streets and highways unless it be mani-
fest it is exceeding its powers, and that the interposition of a court is
necessary to prevent injury which cannot be adequately compensated in
damages.

(60) 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 city and its
inhabitants; and no injunction shall be awarded by any court or judge or
stay the proceedings of the city or any of its officers, employees or agents
in the exercise of any of their powers unless it be manifest that the city,
its officers, employees or agents are transcending the authority given
the city by this Charter and the general laws of the Commonwealth,
and also that the intervention of a court of equity is necessary to prevent
injury that cannot be compensated by damage.

(61) The council may vest in the Collector of City Taxes and Assess-
ments, the collector of Water, Gas and Electric rates, rents and charges
and in any other collector of license fees, rents and other sums due the
city which it may appoint, all powers which are now or may be hereafter
vested in county and city treasurers or which it may prescribe to enforce
collection by levy, distress or any other legal proceedings provided for
by general laws or by city ordinances. Any goods or chattels in the city
belonging to the person or estate liable for the taxes or levies, water, gas
and electric rates, rents or charges may be distrained therefor, in all
cases property liable hereunder to levy or distress may be subjected by
levy or distress in the hands of any person, except that goods or chattels
in the actual possession of a bona fide purchaser shall not be liable to
such levy, or distress, except for taxes assessed against the specific
property levied on.

No deed of trust, chattel mortgage or conditional sales contract upon
goods or chattels shall prevent the same from being distrained and sold
under distress warrant for taxes against the owner while such goods and
chattels remain in his possession nor shall any prior lien prevent the goods
and chattels subject thereto from being distrained and sold for taxes.

No landlord’s lien or distress for rent shall have priority over a
distress for taxes even though such landlord’s lien or distress is prior in
point of time to the levy made for the city. In any distribution of the
assets of any person, firm or corporation liable for city taxes, whether
actually distrained therefor or not, the sums due to the city shall have
priority over all claims of general creditors and over all liens thereon,
whether voluntary or created by operation of law; provided nothing
herein contained shall be construed to affect general statutes regulating
the marshalling of assets of an insolvent decedent’s estate or those in
regard to the exemption of poor debtors.

(62) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the powers
conferred by this Charter or by any general law, and to provide and
impose suitable penalties for the violation of such ordinances, rules and
regulations, or any of them, by fine not exceeding five hundred dollars or
imprisonment not exceeding twelve months, or both; the city may
maintain a suit to restrain by injunction the violation of any ordinance
notwithstanding 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
or implied thereby, or appropriate to the exercise thereof, the city shall
have and may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and general
laws of the Commonwealth not inconsistent with this Charter.

CHAPTER II
THE COUNCIL

§ 16. Officers Elective by Council.—In addition to the election of a
City Clerk and a President and Vice-President as provided for in this
charter, the council shall also elect a City Manager and a City Attorney *.
The * council shall also appoint the members of such boards and com-
missions as may be provided for by ordinance, not inconsistent with this

charter.
CHAPTER X
DEPARTMENT OF FINANCE

§ 2. Director of Finance—Qualifications and appointment.— The
head of the Department of Finance shall be known as the Director of
Finance. He shall be a person skilled in municipal accounting and financial
control. He shall be appointed by the * City Manager for an indefinite
term. He shall give such bond as required by council.

§ 3. Director of Finance—Powers and Duties.—The Director of
Finance shall have general management and control of the several
divisions and other units of the department. He shall appoint and remove
the employees of the department and shall have power to make rules and
regulations, subject to the approval of the City Manager, consistent with
this charter and the ordinances of the city for the conduct of its business.
He shall have charge of the administration of the financial affairs of the
city and to that end shall have authority and be required to:

(a) Cooperate with the City Manager in compiling estimates for
the current expense and capital budgets.

(b) Supervise and control all encumbrances, expenditures and dis-
bursements to insure that budget appropriations are not exceeded; and
keep the council and City Manager advised as to the financial needs of the
city.

(c) Require at such intervals as he may deem expedient, a report
of receipts from each of the departments, boards, commissions, agencies,
and he may prescribe the times at and the manner in which moneys re-
ceived by them shall be paid to the City Treasurer or deposited in a city
bank account under his control.

(d) Examine all contracts, purchase orders and other documents
except bonds and notes authorized as provided in Chapter XII, which
create financial obligations against the city, and approve the same only
upon ascertaining that money has been appropriated and allotted therefor.

(e) Audit for payment, for legality and correctness, all accounts,
claims and demands against the city, and no money shall be drawn from
any bank account of the city except by warrant or check countersigned
by the Director of Finance, based upon a voucher duly approved by him
as above provided.

(f) Submit to the City Manager and to the council, not later than
the tenth day of each month, a statement showing receipts and disburs~
ments of the city and each utility for the preceding calendar month.

(g) Prepare and submit to the City Manager and to the council as
soon as practicable after the end of each fiscal year, Ior the preceaing
year, a complete financial statement and report of the financial trans-
actions of the city.

(h) Designate, with the approval of the * City Manager an employee
of the Department of Finance as Deputy Director of Finance, who during
the temporary absence or incapacity of the Director of Finance shall
have and perform all the powers and duties conferred or imposed upon
the Director of Finance. In lieu of the designation of an employee of
the Department of Finance to so act, the * City Manager shall have
authority * to act as such Deputy Director of Finance.

(i) Protect the interests of the city by withholding the payment of
any claim or demand by any person, firm or corporation against the city
until any indebtedness or other liability due from such person, firm or
corporation shall first have been settled and adjusted.

§ 4. Division of Accounting and Control.—There shall be a Division
of Accounting and Control of which the Director of Finance shall act as
the head unless and until the council shal] authorize by ordinance the *
City Manager to appoint another head. It shall be the duty of this division
to maintain a general accounting system for the city.

§ 8. Council may appoint City Manager as Acting Director of
Finance.—Whenever a vacancy occurs in the office of Director of Finance,
pending the appointment of * a Director of Finance, the council may *
authorize the City Manager to act as head of the Department of Finance
until * the Director is chosen and appointed.

CHAPTER X (1)
DEPARTMENT OF PURCHASING

§ 1. Department of Purchasing.—There shall be a Department of
Purchasing, which shall consist of the Director of Purchasing and such
other officers and employees, organized into such bureaus, divisions and
other units as may be provided by ordinance or by orders of the Director,
subject to the approval of the City Manager consistent therewith. It
shall be the duty of this Department to purchase all supplies for the
city, except the following: scientific instruments and equipment, medicines
and drugs, legal and scientific books and periodicals, and printing of legal
briefs; manuscripts, maps, charts, books, pamphlets and periodicals, when
ordered by ary city library, and such perishable articles as may be desig-
nated in any rules and regulations established by ordinance; and sell all
personal property of the city that may have been declared useless by the
Director of a department. The Department of Purchasing shall have
charge of such store rooms of the city as may be provided by ordinance,
in which shall be stored all supplies and materials purchased by the city and
not delivered directly to the various departments, and it shall be the duty
of this Department to inspect or cause to be inspected all supplies delivered
to determine quality and quantity and conformity to specifications. The
services of the Department of Purchasing shall be available to the School
Board whenever it wishes to make use thereof.

§ 2. Director of Purchasing—Qualifications and Appointment.—The
head of the Department of Purchasing shall be known as the Director of
Purchasing. He shall be a person skilled in purchasing and have a general
knowledge of accounting. He shall be appointed by the City Manager for
an indefinite term. He shall give such bond as required by council.

§ 8. Competitive Bidding.—Before making any purchase or sale in
excess of two hundred and fifty dollars the Director of Purchasing shall
give opportunity for competition, all proposals to be upon precise specifi-
cations. Whenever practicable, the Director of Purchasing shall furnish
standard specifications and invite bids or proposals on the basis thereof.
In cases of emergency, purchases may be made without competition, if
, sufficient appropriation has theretofore been made against which said
urchases may be lawfully charged. In such cases the requisition issued
y the respective department for which the purchase is made shall contain
, certificate by the head of such department stating the facts constituting
he emergency.

§ 4. Agencies, boards, commissions and offices.—All agencies, boards,
ommissions and offices of the city may be required by ordinance, except
there prohibited by the general laws of the Commonwealth, to make their
urchases and sales through the Department of Purchasing under the pro-
isions of this charter concerning sales and purchases.

§ 5. Council may authorize City Manager as acting Director of Pur.
hasing.—Whenever a vacancy occurs in the office of Director of Pur-
hasing, pending the appointment of a Director of Purchasing, the council
nay authorize the City Manager to act as head of the Department of
-urchasing until a Director 1s chosen and appointed.

CHAPTER XVI
MISCELLANEOUS PROVISIONS

§ 8.1. Department of Tax Assessment.—(a) There shall be a Depart-
nent of Tax Assessment. It shall consist of a Tax Assessor or Assessors,
nd such other officers and employees organized into such bureaus,
ivisions or other units as may be provided by ordinance or by the orders
f the City Manager consistent therewith.

(b) Director of Department of Tax Assessment.—The head of the
Jepartment of Tax Assessment shall be known as the Director of Taz
issessment. He shall be a person skilled in tax assessing and have a good
nowledge of taxable values. He shall be appointed by the City Manager
or an indefinite term. He shall give such bond as required by council.

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