CHAP. 225.—An ACT to provide a charter for the city of Buena
Vista.

Approved February 15, 1892. |

CHAPTER I.

1. Be it enacted by the general assembly of Virginia,
That the territory contained within the limits prescribed
by an act to provide a charter for the town of-Buena Vista,
in the county of Rockbridge, approved January twenty-
fourth, eighteen hundred and ninety, by the general assen.-
bly of this state, be deemed and taken as and for the city
of Buena Vista, and the inhabitants of Buena Vista, for
all purposes for which cities and towns are incorpo
rated in this commonwealth, shal! continue to be one body
politic in fact and in name under the style and denom}-
nation of the city of Buena Vista, and as such shall have,
exercise, and enjoy all rights, immunities, powers, and
privileges, and be subject to all the duties and obligations
now incumbent upon and pertaining to the said city as a
municipal corporation. And the said city of Buena Vista,
in its corporate capacity, shall be considered as the legal
successor of the town of Buena Vista, and as such shall be
held liable for all of the bonds and floating debt created
by the said town of Buena Vista, and entitled to all of its
rights, privileges, and properties.

2. The administration and government of said city shall
be vested in one principal officer, to be styled the mayor;
one board, to be called the common council of the city of
Buena Vista, and in such other officers and boards as are
hereafter provided for or may be appointed by the common
council.

3. The municipal officers of the said city shall consist
of a mayor, a treasurer, twelve councilmen, a clerk of the
court of hustings, an attorney for the commonwealth, a
sergeant, a commissioner of revenue, a justice of the peace,
and a constable for the city.

4. The city shall be divided into two wards as follows—
to wit:

The first ward shall consist of all that portion of the
city south of the following line: the middle line of Twenty-
fourth street and its projections.
‘The second ward of the city shall consist of all that por-
ion of the city north of the above-described line—to wit:
he middle of Twenty-fourth street and its projections.

5. The election of the municipal] officers mentioned in
he third section of this act shall be held on the fourth
(hursday in May, eighteen hundred and ninety-two, and,
»xcept the treasurer and clerk of the court of hustings,
>very second year thereafter. The clerk of the court of
1ustings shall be elected on the fourth Thursday in May,
~ighteen hundred and ninety-two, and every six years
‘hereafter. The treasurer shall be elected on the fourth
Chursday in May, eighteen hundred and ninety-three, and
>very third year thereafter. All of said elections shall be
-onducted under the general election laws of the state.
\V hen two or more persons are fo be elected to the same
office the several persons of the number required having
the highest number of votes shall be declared elected.

At the general election held in May, eighteen hundred
and ninety-two, there shall be elected by the qualified
voters of each ward of the said city four councilmen for
said city—two from each ward—whoshall hold their offices
for the term of one year.

At the general election held in May, eighteen hundred
and ninety-three, there shall be elected by the qualified
voters of each ward of the said city twelve councilmen for
said city—six from each ward—and three councilmen
from each ward shall hold their offices for the term of one
year, and three from each ward for the term of two years.

At the general election held in May, eighteen hundred
and ninety-four, and every year thereafter, there shall be
elected by the qualified voters of each ward of the said
city six councilmen—three from each ward—who shall
hold their offices for the term of two years.

Whenever a new ward is established for said city there
shall be elected by the qualified voters of said ward six
councilmen—three of whom shal] hold their offices for the
term of one year, and three for the term of two years.

The mayor and all municipal officers, before entering
upon the duties of their respective offices, shall be sworn
according to the laws of the state by any one authorized
to administer oaths under the laws of the state. If any
person elected or appointed to any office in said city shall
neglect tu take such oath for thirty days after receiving
notice of his election or appointment, or shall for the like
period of time neglect to give such securities required of
him by the common council, he shall be considered as
having declined such office, and the same shall be declared
vacant, and the same shall be filled according to the pro-
visions of this act.
6. Mayor.—The mayor shall be elected by the qualified
voters of the city of Buena Vista for the term of two years,
beginning on the first day of July next after his election.
His salary shall] be fixed by the city council, and he shall
receive no other compensation or emoluments whatever,
and his salary shall not be diminished during his term
of office.

7. He shall, by virtue of his office, possess all jurisdic-
tion and exercise all power and authority in criminal
cases of a justice of the peace of said city, in addition to
the power herein given by virtue of this act, but he shall
receive no fees for services as such justice of the peace.

8. It shall be his duty to communicate to the common
council, annually, at the beginning of each fiscal year, or
oftener, if he shall be required by the said council, a gen-
eral statement of the condition of the city in relation to
its government, finances, and improvements, with such
recommendations as he may deem proper.

9. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority
to investigate their acts, have access to all the books and
documents in their offices, and may examine said officers
on oath. He shall have power and authority to suspend
or remove any such officer for misconduct in office, or ne-
glect of duty, but no such removal shall be made without
reasonable notice to the officer complained of, and an op-
portunity be afforded him to be heard in his defence. On
the removal or suspension of such officer, the mayor shall
report the same to the common council at their next reg-
ular meeting for their consideration; but in no case shall
it be final unless ratified by three-fourths of the whole
council.

10. In case of the absence or inability of the mayor,
the president of the council shall possess the same power
and discharge the municipal duties of the mayor during
such absence or inability.

11. In case a vacancy shall occur in the office of mayor,
the president of the council shall fill the vacancy for the
unexpired term, and the vacancy thus caused in the com-
mon council shall be filled according to law.

CuHaprer III.

12. City council.—The common council of the city shall
be composed of twelve members. Each ward shall be re-
presented by an equal number of councilmen qualified to
hold office. They shall be elected by the popular vote of
each ward, as hereinbefore provided.
18. The common council shal! elect, annually, one of its
members to act as president, and if from any cause he
shall be absent the council shall elect a president pro tem-
pore, who shall have all the powers and exercise all the
duties of the president in the latter’s absence.

The president shall have the power to call a meeting of
the council whenever he deems it necessary, and in case of
his absence, inability, or refusal, the council may be con-
vened hy an order in writing of any three members di-
rected to the clerk of the council.

14. The common council shall, by ordinance, fix the
time of their stated meetings, and no business shall be
transacted at a special meeting but that for which it shall
be called.

15. The common council shall have authority to adopt
such rules, and appoint such officers, committees, or clerks,
as they may deem proper for the regulation of their pro-
ceedings and for the convenient transaction of business;
to compel the attendance of absent members; to punish
its members for disorderly behavior, and, by a vote of four-
fifths of the whole council, to expel a member for mal-
feasance of or misfeasance in office. They shall keepa
minute-book, in which their clerk shall note the proceed-
ings of the council, and shall record said proceedings at
large on the record-book, and keep the same properly in-
dexed. The meetings of the council shall be open to the
public, except when the public welfare may require secrecy.

16. A majority of the members of the council shall con-
stitute a quorum for the transaction of business, but no
ordinance shall be passed or resolution adopted having for
its object the appropriation of money except by the con-
currence of at least three-fourths of the members.

No vote or question decided at a regular meeting shall
be reconsidered at a special meeting unless there shall be
at least three-fourths of the members present, and. two-
thirds of them concur.

17. The common council shall have, subject to the pro-
visions of this act, the control of the fiscal and municipal
affairs of the said city, and of all property, real and per-
sonal, belonging to said city, and make such ordinances,
orders, by-laws, and resolutions as they may deem neces-
sary to carry out the following powers, which are hereby
vested in them:

First. To establish a market or markets in and for said
city, and appoint proper officers therefor; prescribe the
times and places for holding the same; provide suitable
buildings and grounds therefor, and to enforce such regu-
lations as may be necessary to prevent huckstering, fore-
stalling, and regrating.

Second. To erect and provide in or near said city suita-
ble work-houses, houses of correction and reformation, and
houses for the reception and maintenance of the poor and
destitute, and they shall possess and exercise authority
over all persons within the limits of the city receiving or
entitled to the benefit of the poor laws; appoint the neces-
sary officers and other persons proper to be connected with
the aforesaid institutions, and regulate pauperism within
the limits of the city. And the council, through agency
they shall appoint for the direction and management of
the poor of the city, shall exercise the powers and perform
the duties vested by law in overseers of the poor.

Third. To erect and keep in order all public buildings
necessary or proper for said city. Toerect within the city
a city prison, and said prison shall contain such apart-
ments as shall be necessary for the safe-keeping and em-
ployment of all persons confined therein.

Fourth. To establish or enlarge water-works, gas-works,
or electric-light works within or without the said city; to
contract and agree with the owners of any land for the
use and purchase thereof, or to have the same condemned
according to law, for the location, extension, or enlarge-
ment of their said works, the pipes connected therewith,
or any of the fixtures or appurtenances thereof; and shall
have the power to protect from injury, by ordinance pre-
scribing adequate penalties, the said works, pipes, wires,
fixtures, and land, or anything connected therewith,
whether within or without the limits of said city.

Fifth. To close or extend, widen or narrow, lay out,
graduate, curb, and pave, and otherwise improve streets,
sidewalks, and public alleys in said city, and have them
kept in good order and properly lighted; and over any
street or alley in said city which may have been or may
be ceded or conveyed to the city by proper deed they shall
have like power and authority as over other streets and
alleys. They may build bridges in and culverts under
said streets and alleys, and may prevent or remove any
structure, obstruction, or encroachment over, under, or in
any such streets, alleys, or sidewalks in said city, and may
permit shade trees to be planted along said streets; but
no person, company, or corporation shall occupy with its
works or any appurtenances thereof the streets, sidewalks,
or alleys of the city without the consent of the council
duly entered of record. In the meantime no order shall
be made and no injunction shall be awarded by any court
or judge to stay the proceedings of the city in the prose-
cution of its works unless it may be manifest that it, its
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 ade-
quately compensated in damages.

Sixth. To prevent the cumbering of streets, sidewalks,
alleys, lanes, or bridges in the city in any manner whatever.
Seventh. To determine and designate the route and
grade of any railroad to be laid in said city, and to re-
strain and regulate the speed of locomotives and cars upon
the railroads within the city.

Eighth. To make provision for and regulate the weigh-
ing of hay, fodder, oats, shucks, or other long forage.
They may also provide for measuring corn, oats, grain,
coal, stone, wood, lumber, boards, potatoes, and other arti-
cles for sale or barter.

Ninth. To require every merchant, retailer, trader, and
dealer of merchandise or property of any description
which is sold by measure or weight, to cause their weights
and measures to be sealed by the city sealer, and to he
subject to his inspection, and may impose penalties for
any violation of any such ordinance.

Tenth. To secure the inhabitants from contagious or in-
fectious or any other dangerous diseases; to establish,
erect, and regulate hospitals; to provide for and enforce
the removal of patients to said hospitals; to appoint and
organize a board of health for said city, with authority
necessary for the prompt and efficient performance of its
duties.

Eleventh. To require and compel the abatement and re-
moval of all nuisances within said city at the expense of
the person or persons causing the same, or the owner or
owners of the ground whereon the same shall be; to pre-
vent and regulate slaughter-houses, soap and candle facto-
ries within said city, or the exercise of any dangerous, of-
fensive, or unhealthy business, trade, or employment
therein, and to regulate the transportation of coal and
other articles through the streets of said city.

Twelfth. If any ground in the said city shall be subject
to be covered with stagnant water, or if the owner or own-
ers, occupier or occupiers thereof, shall permit any offen-
sive or unwholesome substance to remain or accumulate
therein, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be cov-
ered or to be removed therefrom, and may collect the ex-
pense of so doing from the said owner or owners, occupier
or occupiers, or any of them (except in case where the
nuisance is caused by the action of the city authorities or
their agents, in which case the city shall pay the expense
of ‘abating the same), by distress and sale in the same
manner in which taxes levied upon real estate for the ben-
efit of said city are authorized to be collected: provided
that reasonable notice shall first be given to the said own-
ers or their agents. In case of non-resident owners, who
have no agents in said city, such notice may be given by
publication, for not less than four weeks, in any newspa-
per published in said city.
Thirteenth. To direct the location of all buildings for
storing gunpowder and all other combustible or explosive
substances, and to regulate the sale and use of gunpowder,
fire-crackers, or fire-works manufactured or prepared there-
from, kerosene oil, nitro-glycerine, camphene, burning
fluid, or other combustible or inflammable material; to
regulate the exhibition of fire-works, the discharge of fire-
arms, the use of fires, the lights and candles in barns, sta-
bles, and other buildings, and to restrain the making of
bon-fires in streets and yards.

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

Fifteenth. To prevent the riding or driving of horses or
other animals at an improper speed, throwing stones, or
the engaging in any employment or sport on the streets,
sidewalks, or public alleys, dangerous or annoying to pas-
sengers, and to prohibit and punish the abuse or cruel
treatment of horses or other animals in said city.

Sixteenth. To restrain and punish drunkards, vagrants,
and street beggars; to prevent vice and immorality; to
preserve the public peace and good order; to prevent and
quell riots, disturbances, and disorderly assemblages; to
suppress houses of ill-fame and gambling-houses; to pre-
vent and punish lewd, indecent, and disorderly conduct or
exhibitions in said city, and to expel therefrom persons
guilty of such conduct who have not resided therein as
much as one year.

Seventeenth. To prevent, forbid, and punish the selling
or giving liquors and intoxicating drinks to be drunk in
any public place not fully licensed, and the selling or
giving to be drunk any intoxicating liquors to any child
or minor without the consent in writing of his or her
parents or guardian; and for any violation of any such
ordinance may impose fines in addition to those prescribed
by the laws of the state.

Highteenth. To prevent the coming into the city of per-
sons having no ostensible means of support, and of persons
who may be dangerous to the peace and safety of the city.

Nineteenth. To fill vacancies in its body, and the per-
son so appointed shall hold during the unexpired time of
the term of office of the person in whose place he is ap-
pointed.

Twentieth. To authorize and regulate the erection of
party walls and fences, and to prescribe how the costs
thereof shall be borne by co-terminous owners.

Twenty-first. To regulate and control auction sales,
livery stables, theatrical performances, or other public
shows or exhibitions; the hiring or use for pay of car-
riages, carts, wagons, and drays; hawkers, peddlers, per-

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sons selling goods by sample; persons keeping billiard
tables, ten-pin: alleys, and pistol galleries for profit; and
as to such trades, occupations, and employments, or any
other of like nature, may grant or refuse a license as i
may deem proper.

Twenty-second. To compel persons sentenced to con-
finement in the jail of the city for petty larceny or othe:
misdemeanors or violations of the city ordinances to work
on the public streets of the city, or to be sent to the poor.
house, there to perform such labor as the council, or over-
seers of the poor appointed by them, may direct; and on
the requisition of the mayor it shall be the duty of the
sergeant of the city to deliver such persons to duly authbor-
ized agent of the city, and for such purpose from day to
day as he may be required.

Twenty-third. To appoint a city engineer, a collector of
city taxes, a city attorney, and such other officers as it
may deem proper and necessary, and may define their
term of office, powers, duties, and compensation, and may
appoint any one person to fill two offices. Any office
which the council has the power to create it may abolish
at any time, whether the term of office of the incumbent
has expired or not.

Twenty-fourth. To change the boundaries of the wards
and increase the number thereof.

Twenty-fifth. To give names to, or to alter the names
of, the streets.

Twenty-sixth. To designate from time to time the parts
of the city within which no building of wood shall be
erected, and to regulate the construction of buildings in
the city so as to protect 1t against danger of fire.

Twenty-seventh. To make such regulations and orders
as will protect its citizens against danger from unsafe
walls or houses, and to that end shall have power to cause
to be condemned and taken down any such wall or build-
ing; but no such condemnation shall be made or such
house or wall taken down until the owner thereof, or in
case said owner be an infant or insane person, his guardian
or committee, be duly summoned before the board of offi-
cers of the city, who shall be charged by the ordinances
with such duty, and allowed reasonable opportunity to
show cause against such action.

Twenty-eighth. To prescribe any penalty for the viola-
tion of any city ordinance not exceeding five hundred
dollars, or three months’ imprisonment in the city jail;
and to further provide that the parent or guardian of any
minor or master of any apprentice shall be subject to a fine
for any offence committed by such minor or apprentice.
Any penalty which may be imposed for a violation of an
ordinance which shall be above one hundred dollars in
amount shall be prosecuted in the corporation court.
Penalties under that sum may be imposed by the mayor.
- Twenty-ninth. To pass all by-laws, rules, and ordinances
not repugnant to the constitution and laws of this state or
of the United States which they may deem necessary for
the good order and government of the city, the manage-
ment 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 dosuch other things
and pass such other laws as may be necessary or proper to
carry into full effect any power, authority, capacity, or
jurisdiction which is or shall be granted to or vested in
said city, or in the common council, court or officers
thereof, or which may be necessarily incident to a munici-
pal corporation.

18. No license shall be granted by any court to any
person to sell or manufacture ardent spirits or malt liquors
without the corporate limits of said city and within one
mile thereof.

19. Any member of said council being voluntarily absent
from its meetings consecutively for three months, the seat
shall be deemed vacant, and the unexpired term shall be
filled according to law.

20. The common council is empowered to hold such lands
as may have been acquired by the town of Buena Vista
to be used as a place for the burial of the dead, and to ac-
quire by purchage or otherwise such additional lands as it
may deem necessary for that purpose. The said council
shall also have power to prescribe and enforce all needful
rules and regulations not inconsistent with the laws of the
state, for the use, protection, preservation, and ornament-
ation of the cemetery; to set aside in their discretion, by
metes and bounds, a portion thereof for the interment of
strangers and indigent poor; to divide the remainder into
burial lots, and sell or lease the same, and to execute all
proper deeds or other writings in evidence of such sale or
lease, and to prescribe what class and condition of persons
shall be admitted to interment in the cemetery. The
money from such sale or lease of burial lots shall be in-
vested, used, and employed for the use, protection, preser-
vation, and ornamentation of said cemetery. The said
cemetery, when established, shall be exempt from all state,
county, and municipal taxation.

21. The council, at its first meeting in the month of July
next succeeding the passage of this act, shall appoint three
persons, not members of its body, who shall constitute a
board of police commissioners, whose term of office shall
be for two years from the first of said month of July, or
until their successors are duly appointed and qualified.
If any vacancy shall occur in said board at any other time
than at the expiration of the term of a member, the unex-

Go gle
pired term shall be filled by the council. Should a new
ward be added to the number now existing by virtue of
this act, the said board shall be composed of a member
from each ward. As soon as practicable, after said board
is appointed, the members sball qualify and organize by
the election of one of its members as president and an-
other as secretary. Upon its organization, the board shall
select from among the electors of the city a chief of po-
lice, whose pay, duties, and bond shall be such as may be
ordained by the council. His warrant of appointment,
signed by at least a majority of the board, shall be filed
with the clerk of the council. The board shall further
elect such number of policemen as may be authorized by
the council. After the police force is so constituted any
vacancy which may occur therein shall be filled by the
board in like manner. Such chief and policemen shall
constitute the police force of the city, and shall hold their
offices during good behavior, or until they may be several-
ly removed by the board. The board shall perform any
other duties connected with the police department which
the council may delegate to it, but for any services ren-
dered by it shall receive no compensation. The police
force, when duly constituted, shall be under the control of
the mayor for the purpose of enforcing peace and order
and executing the laws of the state and the ordinances of
the city. It shall also perform such other duties as the
council may prescribe. For the purpose of enabling it to
execute its duties, each member thereof is hereby made a
conservator of the peace, and endowed with all the powers
of a constable in criminal cases, and all other powers
which, under the laws of the state, may be necessary to
enable them to properly discharge the duties of their re-
spective offices. The pay, uniform, rules, and regulations
for said police shall be prescribed by the council.

22. The city shall not take, damage, or use any private
property for streets or other public purposes,without making
to the owner thereof just compensation for the same; but
in cases where the council cannot by agreement obtain ti-
tle to the ground for such purposes, it shall be lawful for
said council to apply to and obtain from the circuit or
county court of Rockbridge county, when the ‘land is sit-
uated within said county, or from the judge of the huat-
ings court of said city, when the land is within the corpo-
rate limits of the same, for authority to condemn the said
land, which shall be applied for and proceeded with ac-
cording to law.

23. In every case where a street in said city has been
encroached upon by any fence, building, or other structure,
the council may require the owner (if known, or if un-
known, the occupant of the premises encroaching) to re-
move the same; and if such removal be not made within
the time prescribed by the council, they may impose s
penalty of five dollars for each and every day it is allowed
to continue thereafter, and may cause the encroachment
to be removed and collect from the owner all reasonable
charges therefor, with costs, by the same process that they
are hereinafter empowered to collect taxes. No encroach-
ment upon any street, however long continued, shall con-
stitute any adverse possession to or confer any rights upon
the person claiming thereunder as against the said city.

24. Whenever any street, alley, or lane in the said city
shall have been opened to and used as such by the public
for the period of five years, the same shall thereby become
a street, alley, or lane for public purposes, and the council
shall have the same authority and jurisdiction over and
right and interest therein as they have by law over the
streets, alleys, and lanes laid out by them,.and any street
or alley reserved in the division or subdivision into lots
of any portion of the territory within the corporate limits
of said city, by a plan or plat of record, shall be deemed
and held to be dedicated to public use, unless it appears
by said record that the street or alley so reserved is de-
signed for private use. But upon a petition ofa majority
of persons interested therein the council shall have power
to open the same for the use of the public.

25. Whenever any new street shall be laid out, a street
graded or paved, a culvert built, or any other improve-
ment whatever made, the council shall determine what
portion of the expense thereof, if any, shall be paid out of
the city treasury, and what portion by the owners of the
real estate benefited thereby; but no such public im-
provement shall be made the expense whereof is to be
defrayed in whole or in part by a local assessment, until
first requested by a petition signed by at least a majority
of the owners of the property to be assessed for such im-
provements, or unless the entire council. shall concur in
voting any improvements to be expedient, or in determin-
ing 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 power to collect such
local assessments for the improvement as are hereinafter
vested in them for the collection of taxes.

26. The council shall grant and pay to all city officers,
clerks, and assistants, whether elected or appointed to
office in pursuance of the provisions of this act, such
salaries or compensation as the said council may from
time to time deem just and proper, or shall be fixed by
this act.

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

CHAPTER LV.

28. City Officers.—There shall be one city treasurer;
one clerk of the court of hustings; one attorney for the
commonwealth; one sergeant; one commissioner of the
revenue; two justices of the peace, and one constable for
the city.

29. The common council may appoint, in addition to
those herein provided for, such officers and clerks as they
may deem proper and necessary, and define their powers
and prescribe their duties and fix their compensation, and
may take from any officer so appointed a bond, with such
securities as the said council approves, conditioned for the
faithful discharge of such duties, and payable to the city
of Buena Vista by its corporate name.

30. In case of any vacancies occurring in any municipal
office, where it is not otherwise provided, the council shall
elect a qualified person to fill such office during the unex-
pired term.

31. There shall be elected by the qualified voters of the
city of Buena Vista, on the fourth Thursday in May,
eighteen hundred and ninety-three (1893), and in every
third year thereafter, one city treasyrer, who shall hold his
office for the term of three years, and until his successor
be duly elected and qualified, unless he be sooner removed
from office. He shall qualify before the council, and shall
give bond, with surety to be approved by the council, ina
penalty to be determined by it, but not less than ten thou-
sand dollars.

32. The said treasurer shall receive all money belong-
ing to the city. He shall keep his books and accounts in
such manner as the city council may prescribe, and such
books and accounts shall always be subject to the inspec-
tion of the mayor and any member of the council or any
committee thereof. He shall collect and receive all taxes
and other revenues from the persons owing the same to
the city, and shall pay the same out as the laws of the city
may prescribe or as may hereafter be provided.
33. No money shall be paid out by the treasurer excep!
upon a warrant of the clerk of the council, countersignec
by the president of the council; and the said treasure!
shall keep a separate account of each fund and appropria-.
tion, and the debits and credits belonging thereto.

34. All moneys to be paid into the treasury of the city.

except taxes and such other assessments as the city coun-
cil may so ordain, shall be paid by the person liable ta
pay the same, or his agent, to the treasurer in the follow-
ing manner: A warrant shal! first be obtained from the
clerk of the council directing the treasurer to receive the
sum to be paid, specifying on what account the payment ia
tobe made. Upon the payment of the money to the treasu-
rer he shall receipt for the same, which receipt shall be
carried to the clerk, and his receipt therefor shall be the
acquittance of the party making the payment.
' 85. The treasurer shall! also report to the common coun-
-cil at the end of each fiscal year, and oftener if required,
a full and detailed account of all receipts and expendi-
tures during the preceding year, and a full account of the
state of the treasury. He shall also keep a register of all war-
rants, their dates, amount, number, and fund from which
paid, and the person to whom paid, specifying also the
time of payment; and all such warrants shall be examined
at the time of making such report to the city council by
a committee thereof, who shall examine and compare the
same with the books of the clerk, and report discrepan-
cies, if any, to the council.

36. The treasurer shall collect all taxes and assessments
which may be levied by said city, and perform such other
duties as may be herein ordained or prescribed by the city
council.

37. All moneys received on any special assessment shall
be held by the treasurer as a special fund, to be applied to
the payment for which-the assessment was made, and said
money shall be used for no other purpose whatever.

38. The treasurer may be required to keep all moneys in
his hands belonging to the city in such place or places of
deposit as the city council may, by ordinance, provide,
order, establish, or direct. Such moneys shall be kept
separate and distinct from his own moneys; and he is
hereby expressly prohibited from using, either directly or
indirectly, the city money or warrants in his custody, or
keeping for his own benefit or use, or that of any person
or persons whomsoever, and any violation of this provision
shall subject him to immediate removal from office. In
case of his removal the city council shall fill his office
until the next election which may be held in the city,
when the qualified voters of the city shall, as in other
cases, fill such vacancy by the election of a successor, who

»Go gle
shall fill his office for the remainder, if any, of the unex-
pired term of the officer removed.

The treasurer shall receive such compensation as 18 pro-
vided by law in case of the county treasurer: provided, he
shall receive not less compensation than six hundred dol-
lars a year nor greater compensation than three thousand
dollars per annum for his services in collecting both the
state and city taxes.

No person shall be allowed to qualify a second time as
treasurer unless and until he shall have satisfactorily set-
tled his accounts as treasurer for the preceding term; and
if such settlement, by reason of the said treasurer’s wil-
ful neglect, be not made on or before the regular time for
his entering upon the duties of the office of treasurer for
another term, the office shall be deemed vacant, and the
same shall be filled in the manner herein provided.

39. There shall be one city clerk appointed by the coun-
cil, who shall hold his office for two years, and until his
successor shall be appointed and qualified, unless sooner
removed from office by the city council.

40. The said clerk shall attend the meetings of the city
council, and keep a record of its proceedings. He shall
have custody of the corporate seal of the city, and shall
be the proper officer to use the same. He shall keep all
papers that by the provisions of this act, or the direction
of the city council, are required to be filed or kept by
him. Itshall also be his duty to make and present to the
mayor, immediately after the close of each session of the
city council, a transcript of every ordinance, resolution,
or order concerning any public improvement, or for the
payment of any money, or every order, resolution, order and
act of legislative character passed by the city council at
such session. He shall in like manner transmit to the
treasurer a transcript of all ordinances, resolutions, or
orders appropriating money, or authorizing the payment
of money, the issue of bonds or notes. He shall in like
manner publish such reports and ordinances as the city
council are required by this act to publish, and such other
reports and ordinances as they may direct, and shall in
general perform such other acts and duties as the city
council may from time to time require of him.

41. There shall be elected by the qualified voters of the
city, on the fourth Thursday in May, in the year eighteen
hundred and ninety-two, and every sixth year thereafter,
one clerk of the hustings court for the city of Buena Vista,
who shall serve for the period of six years, and until his
successor be elected and qualified. He shall receive the
same compensation, fees, and emoluments for his services
as are allowed by law to clerks, and such allowances as
the city council may from time to time deem proper.
42. There shall be elected by the qualified voters of the
city, on the fourth Thursday of May, eighteen hundred
and ninety-two, and in every second year thereafter, one
commonwealth’s attorney, who shall represent the com-
monwealth in all cases in the hustings court of the city
of Buena Vista. He shall hold his office for a term of
two years, and until his successor be elected and qualified,
unless sooner removed, and shall receive as compensation
for his services the fees fixed by law and such salary as
shall be voted him by the council of the city—not less
than three hundred dollars per annum nor more than six
hundred dollars per annum.

43. There shal! be elected by the qualified voters of the
city of Buena Vista, on the fourth Thursday in May,
eighteen hundred and ninety-two, and on the fourth
Thursday of every faurth year of the same month there-
after, one commissioner of revenue, who shall hold his
office for a period of four years, and until his successor
be elected and qualified, unless sooner removed from of-
fice. He shall give bond with sureties in such amount as
the council may determine, said bond to be approved by
the council, entered on their records, and filed with the
city clerk.

In case a vacancy should occur in the office of the com-
missioner of revenue, the city council shall elect a quali-
fied person’ to fill said office until the next general election
for the unexpired term.

44. The said commissioner of revenue shall perform the
duties in relation to the assessment of the city property
for taxation as may be ordered by the city council. He
shall keep his office in some convenient place in said city,
and shall keep therein such books, schedules, and records,
and in such a manner as the mayor and city council may
direct and prescribe, which books, records, and other pa-
pers shall be subject to the inspection and examination of
the mayor and city council, the tax collector, or any com-
mittee duly appointed by the city council.

45. To aid the commissioner of revenue in his duties,
the clerk of the hustings court for the city of Buena Vista,
as required, shall deliver to him such lists as are required
by law to be furnished to the commissioner of revenue by
county clerks, so far as relates to lands within the said
city. He shall receive for his services the fees allowed by
law and such other compensation as the city council may
from time to time direct. The said commissioner of rev-
enue, in ascertaining the value of real property within
said city, shall fix the same at the actual cash value of
such property at the time of the assessment, irrespective
of the value assessed for the purpose of state taxation,
until the next general assesement: provided, however, that
this section shall not apply to any property which is as-

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sessable by the board of public works, as to which the as-
sessment made by said board shal! control.

46. There shall be elected by the qualified voters of the
city of Buena Vista, on the fourth Thursday in May, eigh-
teen hundred and ninety-three, and in every second year
thereafter, one city sergeant, who shall have and exercise
within the said city all the powers and duties of sheriffs in
their respective counties, and who shall attend the terms
of the hustings court for the said city of Buena Vista and
act as the officer thereof, and shall perform such other du-
ties as may be prescribed and ordained by the city coun-
cil, and shall receive such compensation therefor as the
city council may determine. He shall be the collector of the
delinquent city taxes placed in his hands by the treasurer,
and for that purpose shall have all the authority and
power and be subject to the same liabilities and penalties
as are prescribed in the collection of delinquent state taxes
and county levies, and may be proceeded against in the
same manner, so far as applicable and not inconsistent
with this act. He shall pay over to the treasurer weekly,
or oftener if he thinks proper, all moneys which come into
his hands for taxes or otherwise belonging to the city.
He shall report to the council in writing at each stated
meeting the amount of all moneys collected by him for the
city and paid over by him as herein directed. Before en-
tering upon his duties as the collector of city delinquent
taxes he shall enter into bond, with sureties to be approved
by the council, in such sum as the council may direct, eaid
bond to be payable to the city of Buena Vista, and condi-
tioned for the faithful discharge of his duties as such
officer, and shall be entered upon the records of the coun-
cil and the original filed in the office of the clerk of the
council.

4/, The sergeant may, with the approval and consent of
the hustings court of the city, appoint a deputy or depu-
ties, who may be removed from office by the said sergeant,
by the mayor, or by the council. During the continuance
in office of the said sergeant his said deputies may dis-
charge any of the duties of the office of sergeant, but the
sergeant and his sureties shall be liable therefor.

48. There shall be elected by the qualified voters of the
city of Buena Vista, on the fourth Thursday of May,
eighteen hundred and ninety-two, and in every second year
thereafter of the same month, one constable for said city,
who shall hold his office for the term of two years, and
until his successor be elected, appointed, and qualified,
unless sooner removed from office. Said constable shall
keep his office in some convenient place in the city as
shall be designated by the city council, and shall receive
such compensation for his services as is allowed by law.
He shall, in all civil cases, have the same power and duties
and be subject to the same penalties as are prescribed by
law for other constables, and perform such other duties as
the city council may direct. The said constable shall,
with the consent of the city council, appoint such deputies
as he may deem needful. He shall be required to give
bond, with such sureties and in such penalty, for the
faithful performance of his duties as may be required by
the council.

49. There shall be elected by the qualified voters of said
city, on the fourth Thursday of May, eighteen hundred
and ninety-three, and on the same day and month of every
second year thereafter, two justices of the peace, who shall
hold office for two years, or until their successors be
elected and qualified, unless sooner removed from office.
The said justices shall be conservators of the peace within
the limits of the corporation of Buena Vista, and shall
have the same power and duties within said limits, and
receive for their services such fees, as are provided by law
in respect to justices of the peace in counties of this
state in their respective counties.

CHAPTER V.

50. The city council may, in the name of, and for the
use of, the city, contract loans or cause to be issued certi-
ficates of debt or bonds; provided no such certificate of
debt or bonds chall be issued except by a two-thirds vote
of the council, endorsed by a majority of the freehold
voters of the city of Buena Vista voting on the question;
but such loans, certificates, or bonds shall not be irredeem-
able for a period greater than thirty-four (34) years: pro-
vided, further, that the said council shall not contract such
loans or issue such certificates of debt or bonds for the
purpose of subscription to any company or internal im-
provement or other purpose without being first authorized
so to do by a three-fourths vote of the freeholders of the
city voting on the question; but such loans, certificates,
or bonds, together with the aggregate debt of the city, shall
In no case exceed at any one time the sum of ten per
centum of the assessed value of the property, real and per-
sonal, within the city limits: provided, further, that the
said council shall not endorse the bonds of any company
whatsoever without the same authority. All contracts for
the erection of public improvements within the jurisdic-
tion of the city council shall be let to the lowest bidder,
and notice shall be given at least thirty days before the
work is finally let by advertisement in one or more news-
papers published in the city, and the party to whom said
contract shall be let shall give such bond as the council
may require; but in no event shall any contract be let to
a member of the city council, nor shall any member have
any interest in such contract. But this section shall not
be construed to prohibit the council from issuing negotia-
ble notes, payable within one year from date: provided
the aggregate amount of said notes outstanding does not
exceed ten thousand dollars at any one time.

51. Whenever, hereafter, there shall be contracted by
the council any debt not payable within one year there-
after, there shall be set apart annually for thirty-four
years, or until the debt is paid, a sum not less than one
per centum of the amount of any debt, in addition to the
annual interest agreed to be paid thereon, which sum shall
be invested and applied towards the payment of such debt.

. 52. For the execution of its powers and duties, the city
council may raise taxes annually by assessments in said
city on all subjects of taxation taxable by the state such
sums of money as they shall deem necessary to defray the
expenses of the same, and in such manner as they shall
deem expedient, in accordance with the laws of this state
and of the United States: provided that no tax upon real
and personal property in said town shall exceed one dol-
lar and fifty cents upon the one hundred dollars’ assessed
value thereof: and provided, also, that no corporation tax
shall be levied upon such manufacturing establishments
within the limits of said city especially exempted from
taxation for the period of five years by the council.

53. The city council may levy a tax on water, gas, elec-
tric lights; on license to insurance companies or their
agents; to auctioneers; to public theatricals or other per-
formance of shows; to keepers of billiard tables, ten-pin
alleys, and games of like nature; to hawkers and ped-
dlers; to agents for the rental of real estate, to commission
merchants, and any other business or profession, whether
a license be required therefor by the state or not. And
the tax on all such licenses may, in the discretion of the
council, be in excess of that imposed by the state.

54. In payment of taxes made by the tenant, unless
under an express contract contained in his lease, shall be
a credit against the person to whom he owes the rent.

55. The council may grant or refuse licenses to owners
or keepers of wagons, drays, carts, hacks, and other wheeled
carriages kept or employed in the city for hire, and may
require the owners or keepers of wagons, drays, or carts
using them in the city to take out a license therefor, and
may assess and require taxes to be paid thereon, and sub-
ject the same to such regulations and rules as they may
deem proper, and may prescribe their fees and compen-
sation.

56. All goods and chattels, wheresoever found, may be
distrained and sold for taxes due thereon, and no deed of
trust or mortgage upon goods and chattels shall prevent
them from being distrained and sold for taxes assessed
against the grantor in such deed of trust or mortgage.
57. There shall be a lien on real estate for city taxes a:
assessed thereon from the commencement of the year fo:
which they were so assessed. The council may require
real estate in the city delinquent for non-payment oi
taxes to be sold for said taxes, with interest thereon af
the rate of ten per centum per annum, and such per
centum as the council shall charge as a penalty for the
non-payment of said taxes when the same shall have been
due and payable. Such real estate shall be sold, and may
be redeemed as provided by law with reference to state
taxes. The lien of the city upon property for taxes as-
sessed thereon may likewise be enforced in a court of
equity in the manner made and prescribed by said law or
the enforcement of lien in equity.

58. The city council may organize and maintain a fire
department, and appoint an engineer, assistants, and other
officers, with any and all the powers which have been or
may be invested by law in such officers, and they may
make rules and regulations for the government of the of-
ficers and men of such department; may prescribe their
respective duties in the case of fire, or alarms of fire; may
fix their pay, and may impose reasonable fines for the
breach of such regulations; and may make such ordinances
as they may deem proper to prevent or to extinguish fires, to
prevent property from being stolen, and to require citizens
to render assistance tothe fire department in case of need.

59. For the purpose of guarding against the calamities
of fire, the city council may from time to time designate
such portions or parts of the city as they may deem proper
within which buildings of wood may be erected. They
may prohibit the erection of wooden buildings in any por-
tion of the city without their permission, and on the peti-
tion of the owner or owners of at least one-half of the
ground included in any square of the city prohibit the
erection on the said square of any buildings, or addition
to any building, unless the outer wall thereof be made of
brick and mortar, or stone and mortar, and may provide
for the removal of any such building or addition which
shall be erected contrary to such prohibition, at the ex-
pense of the builder or owner thereof; and if any such
building shall have been commenced before said petition
shall have been acted upon by the council, or if any build-
ing in the process of erection appears clearly to be unsafe,
the council may cause such building to be taken down
after reasonable notice to the owner.

60. The said council shall by ordinance provide for any
irregular election not herein provided for, and appoint the
necessary Officers to conduct the same. And in so far as
the same does not conflict with the provisions hereinbe-
fore stated, the council shall from time to time establish
voting precincts within the said city, at the most conve-
nient and accessible places as the needs of the qualified
voters may demand.

61. The city of Buena Vista and its inhabitants shall
be exempt from all assessments for levies in the way of
taxation imposed by the authorities of Rockbridge county,
for any purpose whatever, except upon property in said
county owned by the inhabitants of said city; and the
assessment for the years eighteen hundred and ninety-two
and eighteen hundred and ninety-three, commencing on
the first day of February, eighteen hundred and ninety-
two, shal] be made by said city, and not by the county of
Rockbridge; nor shall any of the said inhabitants be
liable to serve upon the juries of said county.

62. Unless otherwise specially provided, the persons
holding any of the offices provided for in this charter
which have heretofore existed under the charter in force
immediately before its adoption, shall continue to hold
the same under the present election or appointment until
the term of said office, as herein provided, shall expire,
stating the commencement of such term from the term
fixed in said former charter.

All laws and ordinances in force immediately after the
passage of this act, so far as consistent herewith, and all
liabilities, actions, claims, contracts, and prosecutions
arising thereunder, shall remain and continue as if this
act had not been passed.

63. All ordinances now in force in said city not incon-
sistent with this act, the laws of the United States and of
this state, shall be, and remain, in full force until altered,
amended, or repealed by the said council.

64. All acts or parts of acts in conflict with this act, are
hereby repealed.

65. The sheriff or any other officer of the county of
Rockbridge may be a resident of said city, and his office
shall not be vacated thereby.

66. The property, real and personal, within the limits of
the city of Buena Vista, liable to taxation by the state,
shall continue bound for a just proportion of taxation for
the payment of the bonded debt of the county of Rock-
bridge incurred on account of the subscription of said
county to the Valley railroad company, as the same is
hereinafter ascertained and determined, and said property
shall in like manner be liable for fourteen and sixty-eight
hundredths per centum of the unpaid subscription of said
county of one hundred and five thousand dollars to said
company, if said county shall be required hereafter to pay
the same; however, neither county nor city acknowledg-
ing said liability to be now legal or enforceable.

The outstanding bonded indebtedness of the county
on account of said subscription, after deducting amount
of sinking fund levied for in taxee of eighteen hun-
dred and ninety-one, is taken, for the purposes of this
act, to be two hundred and thirty-six thousand dol-
lars, as of July first, eighteen hundred and ninety-two;
and after making an equitable allowance for the value
to the county of the public county property retained by
the county, amounting to twenty-five thousand dollars, the
proportion of the said outstanding bonded indebtedness
chargeable upon the city of Buena Vista is ascertained,
relatively to existing taxable values, to be thirty thousand
nine hundred and seventy-four dollars and eighty cents.
And this sum is hereby charged upon said city and upon
all the real and personal property now or hereafter in said
city liable for taxation by the state of Virginia until the
said indebtedness shall have been discharged.

For the purposes of discharging the share of the said
outstanding bonded indebtedness for which the property
in said city is liable, it shall be the duty of the council
of said city to annually levy upon all the taxable property
in said city such a tax as will provide, after deducting
delinquents and all costs of collection, a sum which will
raise at least the sum of one thousand and eighty-four
dollars and twelve cents before the first day of June, and
the sum of one thousand and eighty-four dollars and
twelve cents on or before the first day of December, in
each year, being seven per centum per annum, payable
semi-annually, upon Buena Vista’s ascertained share of
said outstanding indebtedness, of which said semi-annual
sums, payable as aforesaid, six-sevenths are for the semi-
annual interest upon said sum of thirty thousand nine
hundred and seventy-four dollars and eighty cents, and
one-seventh thereof is to provide a sinking fund to extin-
guish the principal of said thirty thousand nine hundred
and seventy-four dollars and eighty cents of indebtedness.
The said one-seventh of said sum so provided for the
sinking fund shall bear compound interest after the rate
of six per centum per annum, and the same, with said
interest, shall be credited by said Rockbridge county upon
the said sum of thirty thousand nine hundred and seven-
ty-four dollars and eighty cents due from the said city as
its share of the said bonded indebtedness.

It shall be the duty of the treasurer of the city of Buena
Vista semi-annually, on or before the first day of June
and on or before the first day of December in each year,
to pay to the treasurer of Rockbridge county the sum of
one thousand and eighty-four dollars and twelve cents
until such payments shall, after meeting the said semi-
annual interest on said indebtedness of thirty thousand
nine hundred and seventy-four dollars and eighty cents,
fully satisfy and pay off the principal sum thereof.

In the event that the treasurer of Buena Vista shal] in
any year fail to pay or cause to be paid to the treasurer of

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Rockbridge county the said semi-annual instalments of one
thousand and eighty-four dollars and twelve cents, on or
before the first days of June and December in each year,
when the same shall become due and payable by the terms
of this act, and such default shall continue for the period
of thirty days, and the county authorities may at once
proceed to compel the payment of the same by suit in
chancery in the circuit court of Rockbridge county, and
said court may cause the sum so in default to be assessed
and levied upon the property in said city assessed for tax-
ation, and cause the same to be collected in like manner
as other taxes and levies in said city are then collectible.
And the cost of such levy and collection shall, together
with the costs of such suit, be ratably paid by the prop-
erty owners of said city.

In the event that the said county shall be required to
pay the said unpaid subscription of one hundred and five
thousand dollars, the city of Buena Vista shall in like
manner provide for and pay fourteen and sixty-eight bun-
dredths per centum of the same, by paying to the county of
Rockbridge seven per centum upon the sum of fifteen thou-
sand four hundred and fourteen dollars, payable in semi-
annual instalments, on the first days of June and Decem-
ber in each year until said instalments shall discharge
said sum of fifteen thousand four hundred and fourteen
dollars, and the interest thereon.

It shall be the duty of the board of supervisors of Rock-
bridge county to cause to be transferred and assigned to
the city of Buena Vista six hundred and sixteen and fifty-
six one-hundredths shares of the capital stock of the Val-
ley railroad company now belonging to said county.

And the city of Buena Vista will, in like manner, be enti-
tled to fourteen and sixty-eight hundredths per centum of
any future issue of stock made on account of the sub-
scription of said county to the Valley railroad company.

It shall be lawful for the city of Buena Vista to antici-
pate the payment of said indebtedness by increasing said
semi-annual payments at the pleasure of the proper au-
thorities of said city. It shall likewise be lawful for the
said city of Buena Vista at any time to anticipate the
payment of said indebtedness by payment in full upon the
following terms: The sinking fund, as hereinbefore pro-
vided for, together with compound interest at the rate of
six per centum per annum, shall be a credit to the said
city of Buena Vista upon the said sum of thirty thousand
nine hundred and seventy-four dollars and eighty cents,
and upon payment of the balance found to be due by the
said city of Buena Vista in cash, or in such other manner
as may be agreed upon by the authorities of the county of
Rockbridge and the said city of Buena Vista.
67. The treasurer of Rockbridge county and his depu-
ties shall be entitled to all the rights and remedies for the
collection of taxes heretofore assessed (prior to February
first, eighteen hundred and ninety-two), upon persons and
property in the town of Buena Vista, and which remain
unpaid, to which they are entitled before the passage of
this act, as though this act had not passed. And the
sheriff of Rockbridge county and his deputies shall have
the right to collect any execution in their hands before
the passage of this act, by levy and sale thereunder of any
property liable therefor, and situated in said town, or by
the sale of property on which a levy has already been
made, just as though this act had not been passed.

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