Chap. 85.—An ACT to incorporate the city of Radford.

Approved January 22, 1892.

1. Be it enacted by the general assembly of Virginia,
That the territory contained within the limits prescribed
and herein designated, as follows, viz.: Beginning at a
point where Plum creek empties into New river; thence
southwardly to intersection of Auburn avenue and Com-
merce avenue on lands of South Radford development
company; thence passing west of dwelling of M. Gibson;
thence due south to the southside of the old National turn-
pike, and with the southside of the same to a point oppo-
site the western boundary line of the Radford West-End
land company’s property; thence with said boundary line
to New river, and with New river to the beginning, be
deemed and taken as the city of Radford, and the inhabi-
tants of the city of Radford, for all purposes for which
towns and cities are incorporated in this commonwealth,
shall continue to be one body, politic in fact and in name,
under the style and denomination of the city of Radford,
and-as such shall have, exercise, and enjoy all the rights,
powers, and privileges, and be subject to all the duties and
obligations now incumbent and pertaining to said city as
@ municipal corporation, it having been ascertained that
there now exists over five thousand population within the
said limits.

2. There shall be for the said corporation of Radford a
court, which shall be called the corporation court of Rad-
ford, ‘and shall be held by the judge thereof, with such
powers and at such times as the constitution ‘and laws of
the state now in force for the government of corporation
courts may provide. The judge of said court shall reside
in said city, or within the jurisdiction of his said court:
provided, however, that the said city of Radford shall pay to
the county of Montgomery, in ten equal annual instalments,
the first payment to be made on the first day of January,
eighteen hundred and ninety-three, that proportion of

thousand dollars, which the value of the real estate
taken in by reason of the extension of the corporate limits
of said city under this act sustains to the value of the
whole of the real estate so taken in and that of Montgom-
ery county, as ascertained by the assessment of eighteen
hundred and ninety-one, the amount to be determined by
a committee appointed on behalf of the county and a like
committee on behalf of the city.

CHapPrer II.

1. 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 council of the city of Radford;
and in such other boards and officers as are hereinafter
mentioned, or may be provided by the council.

2. The municipal officers of 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 the revenue, one justice of the peace
from each ward, and one constable for said city.

3. The city shall be divided into two wards, as follows,
viz.: The territory east of Connelly’s run shall be known
as east ward, and the territory west of Connellv’s run shall
be known as west ward. Each ward shall be entitled to six
councilmen, who shall be as follows: for the East ward, J.
P. Kelly, E. F. Gill, G. W. Tyler, H. P. Briggs, D. V. Stur-
devan, and G. T. Kearsley; for the West ward: W. I.
Kenderdine, J. D. Moffitt, W. R. Whorton, J. H. Washing-
ton, H. H. Powers, and C. A. Beincampen, and who shall
hold office until their successors shall be elected thereafter
in the manner herein provided; and as justice for east
ward, J. D. Peters, and for west ward, W. W. Boswell, and
as constable for said city, R. T. Smith.

4. The election of the municipal officers mentioned in the
second section of this act shall be held on the fourth Thurs-
day in May, eighteen hundred and ninety-two, and on the
fourth Thursday in May in every second year thereafter,
except the treasurer and the clerk of the hustings court
shall be elected in the manner hereinafter provided. The
treasurer shall be elected on the fourth Thursday in May,
eighteen hundred and ninety-two, and every third year
thereafter. The clerk of the court of hustings on the
fourth Thursday in May, eighteen hundred and ninety-
two, and every six years thereafter. Said elections shall
be conducted under the provisions of the general election
laws of the state. When two or more persons are to be
elected to the same office, the several persons of the num-
ber required having the highest number of votes shall be
declared elected. At the first general election in May,
eighteen hundred and ninety-two, there shall be elected
81x councilmen, who shall hold their offices two years, and
81x who shall hold their offices one year ; but the first council
so elected under this act shall be elected by a popular vote,
each ward being represented by an equal number of coun-
cilmen, and three councilmen in each ward so elected shall
hold their office for one year, and three in each ward for
two vears. |

5. The mayor and all other municipal officers of said
city, before entering upon the duties of their respective
office, shall be sworn in accordance with the laws of the
state. If any person elected or appointed to any office in
said city shall neglect to take such oath for thirty days
after receiving notice of his election or appointment, or
shall for the like space of time neglect to give such secu-
rities as may be required of him by the council, he shall
be considered as having declined said office, and the same
shall be declared vacant, and such vacancy shall be filled
as prescribed by section five of this chapter. And the
said municipal officers elected on: the fourth Thursday in
May, shall enter upon the discharge of the duties of their
respective offices, on the first day of July next succeeding
their election.

CHAPTER III.

6. The mayor shall be elected by the qualified voters of
the city of Radford, for the term of two years; 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 the juris-
diction, and exercise all the power and authority in crim-
inal cases of a justice of the peace of said city, in addition
to the powers hereby given him by virtue of this act; but
he shall receive no fees for his services as such justice of
the peace, and he shall preside at all meetings of the
council, and shall not have a vote except in case of a tie.

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

9. He shall exercise a constant supervision over the
conduct of all subordinate officers, have power and author-
‘ity to investigate their acts, have access to all books and
documents in their offices, and may examine said officers
and their subordinates on oath. He shall also have power
to suspend or remove such officer for misconduct in office,
or neglect of duty; but no such removal shall be made
without reasonable notice to the officer complained of, and
an opportunity be afforded him to be heard in his defence.
On the removal or suspension of such an officer, the mayor
shall report the same to the city council, at their next
stated meeting, for their consideration ; but in no case
shall it be final until ratified by three- fourths of the whole
council.

10. In case of the absence of, 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: provided, however, that the
present mayor of the town of Radford, Geo. A. Sullivan,
shall be the mayor of the city of Radford, until his suc-
cessor is elected and qualified.

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

CHAPTER IV.

12. The council of the city shall be composed of twelve
members. Each ward shall be represented by an equal
number of councilmen qualified to hold office. They shall
be elected by the popular vote of each ward, except the
election of the first council as hereinbefore provided.

13. The city council shall elect annually one of its mem-
bers to act as president, and when from any cause he shal!
be absent, the council shall elect a president pro tempore.
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 convened
by the order in writing of any three members directed to
the clerk of the council, and the president shall preside
only in the absence of the mayor.

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

15. The city council shall have authority to adopt such
rules and appoint such officers, committees, or clerks as
s-hey may deem proper for the regulation of their proceed-
ings and for the convenience of business; to compel the
attendance of absent members; to punish its members for
lisorderly behavior, and by a vote of three-fourths of the
whole council to expel a member for malfeasance of or
malfeasance in office. They shall keep a minute-book, in
which their clerk shall note the proceedings of the coun-
2i], and shall record said proceedings at large on the record-
book, and keep the same properly indexed. The meetings
of the council shall be open to the public, except when
the public welfare shall 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 eight members. No vote or question
decided at a stated meeting shall be reconsidered at a spe-
cial meeting, unless there be at-least ten members present
and seven of them concur. All contracts relating to city
affairs shall be in writing, signed and executed in the name
of the city, by the officer authorized by resolution or ordi-
nance to make the same, and in cases not otherwise direct-
ed, shall be executed by the mayor. Every contract in-
volving an appropriation of money, shall only be payable
out of the fund provided for the purpose, and shall not be
inapplicable of the appropriation properly applicable
thereto, and no debt or contract shall be binding upon the
city, unless authorized by law, or by ordinance, and an ap-
propriation sufficient to pay the same be previously enacted
and made by council: provided that persons claiming un-
authorized debts or contracts may recover against the per-
son illegally making the same.

17. The city council shall have, subject to the provis-
ions of this act, the control and management of the fis-
cal and municipal affairs of the city, and of all property,
real and personal, belonging to said city, and make such
ordinances and by-laws relating to the same as they shall
deem proper, and they shall likewise have power to make
such ordinances, orders, by-laws and regulations as they
mgy deem necessary 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 guitable
buildings and grounds therefor, and to enforce such regu.
lations as shall be necessary and proper to prevent huck.
stering, forestalling or regrating.

Second. To erect and provide in or near said city, suita
ble work-houseg, house of correction or reformation, anc
houses for reception and maintenance of the poor anc
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 neces-
sary officers and other person proper to be connected with
the aforesaid institutions, and regulate pauperism within
the limits of the city; and the council, through the
agency they shall appoint for the direction and mainte-
nance 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,
and acquire, purchase or provide for public buildings,
parks, necessary or proper for said city; to erect with-
in the city, a city prison, and such prison shall con-
tain such apartments as shall be necessary for the safe-
keeping and employment for persons confined therein.

Fourth. To establish or enlarge works within or with-
out the limits of the city for furnishing water and light
or either to the inhabitants of the said city, to persons,
firms, or other municipalities in the vicinity thereof; to
contract and agree with the owners of any land for the
use and purchase thereof, or have the same condemned
according to law, for the location, extension, or any of the
fixtures or appurtenances thereof, and shall have the
power to protect from injury, by ordinance prescribing
adequate penalties, the said works, pipes, 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 the streets,
sidewalks and public alleys in said city, and have them
kept in good order and properly lighted, and over any
street in the city which has been, or may be ceded or con-
veyed 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
may prevent or remove any structure, obstruction, or en-
croachment over or under, or in any street, sidewalk, or
alley in said city, and may permit shade trees to be planted
along said streets; but no company 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 upon its 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 their works, unless it be manifest that they,
their officers, agents or servants are transcending the
authority given them by this act, and that interposition
of the court is necessary to prevent 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 rate of speed of locomotives
engines and cars upon the railroads, within the said 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
articles 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 be
subject to his inspection, and they may impose penalties
for any violation of any such ordinance.

Tenth. To secure the inhabitants from contagious, in-
fectious, or other dangerous diseases, and to prevent, by
appropriate legal remedy, all measures affecting or likely
to affect the city or the inhabitants thereof, when the
same may originate outside the limits of said city; Jo
establish, erect, and regulate hospitals; to provide for and
enforce the removal of patients to said hospitals; to ap-
point and organize a board of health for said city, with
the authority necessary for the prompt and efficient per-
formance of its duties.

Eleventh. To require and compel the abatement and
removal 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
prevent and regulate slaughter-houses, soap and candle
factories, within said city, or the exercise of any danger-
ous, offensive, or unhealthy business, trade, or employ-
ment therein, and to regulate the transporation 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,
or drained, or may cause such substance to be covered or
to be removed therefrom, and may collect the expenses of
so doing from the said owner or owners, occupier or occu-
piers, or any of them (except in cases where such nui-
sance 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 said owners
or their agents. In case of non-resident owners who have
no agents in said city, such notice may be given by publi-
cation for not less than four weeks in any newspaper in
said city: provided, also, that should the expense of abat-
ing such nuisance exceed the sum of ten dollars, the owner
of the premises shall have the right of appeal to the cor-
poration court.

Thirteenth. To direct the location of all buildings for
storing gunpowder and other combustible substances, and
to regulate the sale and use of gunpowder, fire-crackers, or
fire-works, manufactured or prepared therefrom, kerosine
oil, nitro-glycerine, camphene, burning-fluid, or other com-
bustible material; to regulate the exhibition of fire-works,
the discharge of fire-arms, the use of lights and candles
in barns, stables, and other buildings, and to restrain the
making of bonfires 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
animals at an improper speed, throwing stones, or the engag-
ing in any employment of sport on the streets, sidewalks,
or public alleys, dangerous or annoying to passengers, and
to prohibit and punish the abuse or cruel treatment of
horses or other animals in such 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 per-
sons 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 duly licensed, and the selling or giv-
ing to be drunk any intoxicating liquors to any child or
minor without the consent in writing of his or her parents
or guardians; 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.

19. Any member of said council being voluntarily ab-
sent 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 city council is empowered to acquire by pur-
chase or otherwise such lands as may be necessary for the
burial of the dead.
21. The said council shall also have power to prescribe
and enforce all needful rules and regulations, not incon-
sistent with the laws of the state, for the use, protection,
preservation and ornamentation of the cemetery; to set
aside, in their discretion, by metes and bounds, and a
portion thereof, for the interment of strangers and the
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. The money from
such sale or lease of burial lots, shall be invested, used
and employed for the use, protection, preservation, and
ornamentation of said cemetery. The cemetery, when
established and inclosed with the property included in it,
shall be exempt from all state, county, and municipal tax-
ation; and the council shall hold all property, franchises,
and choses in action of whatsoever nature, heretofore ac-
quired by the town of Radford.

22. Where, by the provisions of this act, the council
have authority to pass ordinances on any subject, they
may prescribe any penalty not exceeding five hundred
dollars for a violation thereof, and may provide that the
offender, on failing to pay the penalty recovered, shall be
imprisoned in the jail of said city for a term not exceed-
ing ninety days, which penalties may be prosecuted and
recovered with costs in the name of the city of Radford,
or shall compel them to work on the streets or other pub-
lic improvements in the said city: provided that when
the penalty imposed is a fine of ten dollars or over, and
imprisonment, or imprisonment alone, the accused shall
have the right of appeal to the corporation court.

23. The city council shal] not take or use any private
property for streets or other public purposes, without mak-
ing to the owner thereof just compensation for the same;
but in case where the council cannot by agreement obtain
the title to the ground for such purposes, it shall be Jaw-
ful for said council to.apply to and obtain from the cir-
cuit or county court of Montgomery county, in which the
land is situated, or the judge of the court of hustings for
said city, 1f the land lies within said city, for authority
to condemn the same, which shall be applied for and pro-
ceeded with according to.law.

24. In every case where a street in said city has been or
shall be encroached upon by any fence, building, or other-
wise, the council may require the owner (if known, or if
unknown, the occupant of the premises encroaching) to
remove the same, and if such removal be not made within
the time prescribed by the council, they may impose a
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 persons claiming thereunder as against the said city.

25. Whenever any street, alley, or lane in said city shall
have been open to and used as such by the public for the
period of five years, the same shall hereby 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 Jaw 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 designed for
private use; but upon a petition of a majority of the per-
sons interested therein, the council shall have power to
open the same for the use of the public.

26. Whenever any new street shall be laid out, a street
graded, macadamized, curbed, or paved, a culvert built, or
any other public improvement whatsoever made, the coun-
cil shall determine what portion, if any, of the expense
thereof, shall be paid out of the city treasury, chargeable
to the ward within which such improvement is made, and
what portion by the owners of real estate benefited thereby ;
but no such public improvement shall be made, to be de-
frayed in whole or in part by a local assessment, until
first requested by a petition, signed by at least a majority
in value of the owners of according to the last assess-
ment for taxation of the property to be assessed for such
improvements, or unless the entire council, including the
standing committee of the proper ward, shall concur in
voting any improvements to be expedient, or in determin-
ing 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 assess-
ments for improvements as are hereinafter vested in them
for the collection of taxes.

27. The city council shall grant and pay to all city
officers, clerks and assistants, elected and appointed in
pursuance 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.

28. If any person, having been an officer of said city,
shall not, within ten days after he shall have vacated or
been removed from office, and upon notification and
request of the city clerk, or within such time thereafter
as the city council shall allow, deliver over to his suc-
cessor in office, all property, books and papers belonging
o the city or appertaining to such office in his possession
yr under his control, he shall forfeit and pay to the city
he sum of five hundred dollars, to be sued for and re-
-overed with costs; and all books, records and documents
ised in any such office by virtue of any provision of this
uct, or of any ordinance 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 officer, and
the chief officer thereof shall be responsible therefor.

CHAPTER V.

29. 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, one justice
of the peace for each ward, and one constable for the city.

30. The city council may appoint, in addition to those
hereinbefore 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
sureties to be approved by the council, in such penalty as
they may deem proper, payable to the city by its corporate
name, with condition for the faithful discharge of said
duties. All officers appointed by the council may be
removed from office at its pleasure. In case of any vacan-
cies occurring in any municipal office, where it is not
herein otherwise provided, the city council shall elect a
qualified person to fill such office during the unexpired
term.

31. There shall be elected by the qualified voters of the
city of Radford, on the fourth Thursday in May, eighteen
hundred and ninety-two, and in every third year there-
after, one city treasurer, who shall hold his office for the
term of three years, and until his successor be elected and
qualified, unless sooner removed from office. He shall
qualify before the council and give bond with surety to be
approved by it, in a penalty to be determined by the coun-
cil, but not less than twenty thousand dollars in any year.

32. The said treasurer shall receive all money belonging
to the city. He shall keep his books as treasurer in such
manner as the city council may prescribe; and such books
and accounts show all receipts and expenditures of the
city, be kept in his official name and character, separate
and distinct from his individual books, always subject to
the inspection of the mayor and any member of the city
council, or any committee thereof. The treasurer, at the
expiration of his term of office, shall deliver all money,
books, and papers in his hands, belonging to said office, to
his successors in office.
33. No money shall be paid out by the treasury except
upon appropriations made by law, or on warrant of the
clerk of the council, countersigned by the president of the
council in pursuance thereof; and he shall keep a sepa-
rate account of each fund and appropriation, 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
to pay the same, or his agent, to the treasurer in the fol-
lowing manner: A warrant shall first be obtained from
the clerk of the council directing the treasurer to receive
the sum paid, specifying on what account the payment is
to be made. Upon the payment of the money to the treas-
urer he shall give a receipt for the same, which shall be
carried to the clerk, and his receipt therefor shall] be tbe
acquittance of the party making the payment.

30. The treasurer shall also report to the city council at
the end of each fiscal year, and oftener, if required, # full
and detailed account of all receipts and expenditures dur-
ing the preceding fiscal year and the state of the treasury.
He shall also keep a register of all warrants, their date,
amount, number, and fund from which paid, and the per-
son to whom paid, specifying also the time of payment;
and all such warrants shall be examined at the time of pay-
ment, 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 discrepancies; 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 herein be described or ordained by the city
council.

37. All moneys received on any special assessments shal]
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 whatsoever.

38. The treasurer shall 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; shall verify his cash account
at least once every three months to the satisfaction of a
committee of council to be appointed for that purpose;
such moneys when received by him shall forthwith be
deposited to the credit of the proper account in the proper
place or places of deposit, shall be kept separate and dis-
tinct from his own moneys, on separate accounts and
books, and none shall be withdrawn unless the same shall
have been previously appropriated by council to the pur-
pose for which it is drawn. And he is hereby expressly
prohibited from using, directly or indirectly, the corpora-
tion money or warrants in his custody or keeping, for his
own use and benefit, or that of any person or persons
whatsoever, or to receive, directly or indirectly, for his
own use, any benefit, interest, or profit thereof; and any
violation of this provision shall subject him to immediate
removal from office. In case of his removal, the city
council shall elect a qualified person to fill said office until
the next general election which may be held in the city,
when the qualified voters of said city shall, as in other
cases, fill such vacancy by an election of a successor, who
shall hold his office for the remainder, if any, of the unex-
pired term of the officer removed. The treasurer shall
receive such compensation as is provided by law in case
of the county treasurer: provided, he shall not receive an
amount greater than three thousand dollars per annum
for his service in collecting both state and city taxes. No
person shall be allowed to qualify a second time as trea-
surer unless and until he shall have satisfactorily settled
his account as treasurer for the preceding term; and if
such settlement be not made on or before the regular time
for his entering upon the duties of his office for another
term, the office shall be considered vacant, and the vacancy
shall be filled as hereinbefore provided.

39. There shall be one city clerk appointed by the city
council, 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 the proceedings; he shall
have the custody of the corporate seal. 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. It shall also be his duty, immediately after the
close of each session of the city council, to make and
present to the mayor a transcript of every ordinance, reso-
lution or order, concerning any public improvement of
for the payment of money, and every ordinance, resolu-
tion, 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 og authorizing
the payment of money, the issue of bonds or notes. He
shall in like manner give notice to all parties presenting
communications or petitions to the city council of the
final action of the council on such communication or
petition. He shall 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 every sixth year
after the year eighteen hundred and ninety-two, one clerk
of the court of hustings for the city of Radford, who shall
serve for the period of six years, and until his successor
be elected and qualified. He shall receive in compensa-
tion for his services, the fees and emoluments allowed by
law to clerks, and such allowances as the city council
may from time to time deem just and proper.

42. There shall be elected by the qualified voters of the
city, on the fourth Thursday in May, eighteen hundred
and ninety-two, and on the fourth Thurday in May, in
every second year thereafter, one commonwealth’s attorney,
who shall prosecute in all cases in the hustings court of
the city of Radford. He shall hold his office for a term
of two years, and until his successor be elected and qualify,
unless sooner removed, and shall receive such compensa-
tion for his services as may be prescribed by law, and such
salary as may be fixed by the city council.

43. There shall be elected by the qualified voters of the
city of Radfard, on the fourth Thursday in May, eighteen
hundred and ninety-two, and on the fourth Thursday in
May in every third year thereafter, one commissioner of
revenue, who shall hold his office for the period of two
years, and until his successor shall be elected and quali-
fied, unless sooner removed from office. He shall give
bond, with sureties, in such amount as the council may
determine, said bond to be approved by the city council,
entered on their record, and filed in the office of the city
clerk. In case a vacancy shall occur in the office of com-
missioner of the revenue, the city council shall elect a
qualified person to fill said office until the next general
election which may be held in the city, when the vacancy
shall be filled for the unexpired term.

44. The said commissioner of the revenue shall per-
form all the duties in relation tothe assessment of prop-
erty for the purpose of levying the city taxes that 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
manner as the mayor and city council may direct and pre-
scribe, which books, records aud other papers shall be
subject to the inspection and examination of the mayor,
the members of the city council, or any committee thereof,
and of the collector of city taxes.

45. To aid the commissioner of the revenue in his du-
ties, the clerk of the court of hustings for the city of
Radford, as required, shall deliver to him such lists as
are mentioned in the section of the chapter of the
code of Virginia of eighteen hundred and eighty-seven,
as far as may relate to lands in said city. He shall re.
ceive 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 the revenue in
ascertaining the value of the real property taxable in said
city, shall fix the same at the actual cash value of said
property at the time of assessment, irrespective of the
value assessed for the purposes of state taxation, until
the next general assessment, and the first assessment not
later than July first, eighteen hundred and ninety-two:
provided, however, that a board, consisting of the commis-
sioner of the revenue and two freeholders, shall be ap-
pointed by the corporation court, whose duty it shall be
to assess the real estate of the city.

46. There shall be elected by the qualified voters of the
city of Radford, on the fourth Thursday in May, eighteen
hundred and ninety-two, and on the fourth Thursday in
May in every second year thereafter, one city sergeant,
who shall attend the terms of the court of hustings for
said city and act the officer thereof, and shall perform
such other duties as may be prescribed and ordained by
the city council, and shall receive such compensation
therefor as the council shall determine. He shall be col-
lector of delinquent city taxes placed in his hands by the
city treasurer, and for that purpose shall have all the pow-
ers and anthority, and be subject to the same liability and
penalties as are prescribed for county treasurers in the
collection of state taxes and county levies, and may he
proceeded against in the same manner, so far as applica-
ble and not inconsistent with the provisions of this act.
He shall pay over to the treasurer (or in the treasury of
the city, as may be prescribed by ordinance) weekly or
oftener, if he thinks proper, all moneys which come into
his hands for taxes, or otherwise, belonging to the said
city. He shall report to the council in writing at each
stated meeting the amount of all moneys collected by him
for the city, from whom collected, and when collected, and
paid over as herein directed. Before entering upon the
duties of his office as collector of the delinquent taxes of
the city, he shall enter into bond, with sureties, to be ap-
proved by the council, in such sum as the council may
direct; said bond to be payable to the city of Radford,
and conditioned for the faithful discharge of the duties
of said office, and shall be entered on the records of the
council, and the original shall be filed in the office of the
clerk of the council.

47. The sergeant may, with the approval of the court of
hustings for the city, appoint a deputy or deputies, who
may be removed from office by the said sergeant, by the
mayor, or by the council. During the continuance in
office of said sergeant, his deputy or 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 Radford, on the fourth Thursday in May next, and
on the fourth Thursday in May in every second year there-
after, one constable for said city, who shall hold his office
for the term of two years, and until his successor be ap-
pointed and qualified, unless sooner removed from office.
Said constable shall keep his office in such convenient
place in the city as may be designated by the city coun-
cil, and shall receive such compensation for his services
as is allowed by law. He shall, in all civil cases, have
the same powers and duties, and be subject to the same
penalties, as are prescribed by law for other constables,
and shall perform such duties as the city council may or-
dain.

49. There shall be elected by the qualified voters of
such ward, on the fourth Thursday in May, eighteen hun-
dred and ninety-two, and on the fourth Thursday in May
in every second year thereafter, one justice of the peace
for each ward of said city, who shall be residents of their
respective wards, and shall hold office for the term of
two years, and until their successors be elected and qual-
ified, unless sooner removed from office. The said jus-
tices of the peace shall be conservators of the peace
within the limits of the corporation of Radford, and shall
have the same power 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: provided that said justices shall not
have jurisdiction over violations of ordinances of the city
of Radford passed by its council.

CHAPTER VI.

60. For the execution of its powers and duties the city
council may, in the name of and for the use of the city,
contract loans or cause to be issued certificates of debt or
bonds: provided no such certificate of debt or bonds
shall be issued except by a two-thirds vote of the council,
endorsed by a majority of the freehold voters of each
ward voting on the question, and by the standing commit-
tee of each ward; but such loans, certificates, or bonds
shall not be irredeemable for a period greater than thirty-
four years; provided further, that said council shall not
contract said loans or issue such certificates of debt or
bonds for the purpose of subscribing to the stock of any
company incorporated for a work of internal improve-
ment, or other purpose, without being first authorized so
to do by three-fourths of the freehold voters of each ward
voting on the question; provided further, that in no case
shall the aggregate debt of the city of either ward at any
one time, exceed fifteen per centum of the assessed value
of the taxable property, real and personal, within its lim-
its; provided further, that the council shall determine,
whenever a loan is deemed necessary for either ward, for
the benefit of said ward, the amount of loan that the fif-
teen per cent. limit will justify, as determined by the
assessed valuation of the taxable property of said ward;
and when so determined, the council may issue bonds, or
certificates of debt, in the name of the city, for said
amount so determined; and 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 jurie-
diction of the city council shall be let to the lowest re-
sponsible bidder, and notice shall be given at least thirty
days before the work is finally let, by advertisement in
one or more newspapers published in the city; and the
party to whom said contract shall be let, shall give such
bonds as the council and the standing committee of the
proper ward may require and approve; but in no event
shall any contract be let to any member of the city council,
nor shall any member have any interest in such contract.

51. Whenever hereafter there shall be contracted by the
council any debt not payable within one year thereafter,
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 in-
terest agreed to be paid thereon, which sum shall be ap-
plied and invested towards the payments of such debts.

52. For the execution of its powers and duties, the city
council may raise taxes annually by assessments in said
city, on all subjects 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 expe-
dient (in accordance with the laws of this state and the
United States): provided that no tax upon real and per-
sonal property in said town shall exceed one dollar and
twenty-five cents upon the one hundred dollars’ assessed
value thereof: and provided, also, that no corporation tax
shall be levied upon the machinery, implements, money,
and capital of any manufacturing establishment actually
In use for manufacturing purposes, within the said city for
fifteen years from the first of January, eighteen hundred
and ninety-two, nor upon property used for public pur-
poses or public charities.

53. The inhabitants of, and the owners of, land lying
within the territory west of Connelly’s run shall not be
liable on their real and personal property within said ter-
ritory for any part of the present debt of the town of Rad-
ford, nor for the interest thereon; nor shall any tax be
levied therefor; nor shall the inhabitants of and the own-
ers of land lying within either of the wards hereby created
be liable upon their real and personal property within such
ward for any tax or assessment made by councils relating
to the opening, grading, paving, macadamizing, curbing,
or improvement of the highways, erection or maintenance
of bridges, schools, or other buildings or improvements in-
tended for public use or purpose within the other ward.

54. No assessment made by councils shall be valid, un-
less the resolution or ordinance authorizing the same shall
show the objects thereof, how much is raised for said ob-
ject, respectively, and the rates thereof, and shall direct
how such amounts when collected shall be applied.

55. All taxes required for the purpose of paying the sal-
aries of the municipal officers and other current expenses
of maintaining the municipal organization, such as print-
ing, stationery, and other office expenses and supplies, or
the expenses for salaries of policeman and firemen, and
all other expenses of maintaining the police and fire ser-
vices, including fuel, apparatus, rent, and the expense of
maintaining the hustings court, and repairs, shall be as-
sessed, levied, or collected from either ward, and applied
generally without regard to the amount thereof; but all
taxes or assessments for the purpose of opening, grading,
paving, macadamizing, curbing, or improving streets or
other highways, erecting or maintaining bridges, schools,
or buildings, or other permanent improvements intended
for public use or purposes, shall be assessed, levied, and
collected only upon the persons and property within the
ward where such expenditures are to be made, and shall
only be assessed, levied, and collected on the recommenda-
tion or report of the standing committee of such ward to
councils to that effect; and the city collector shall keep
separate accounts of such taxes collected in each ward,
and, after deducting his fees, shall pay the same over to
the treasurer of the city, to be set and kept apart as spe-
cial funds, to be applied to the special purposes within the
particular ward where such taxes were assessed, levied,
and collected: provided that the property in one ward
shall not be liable for the sinking fund herein provided
for, for the other ward.

56. There shall be at all times two standing committees :
one composed of four of the members for the east ward,
and the other composed of four of the members for the
west ward; and each committee shall have the power and
duty of considering and acting upon all matters within
its respective ward relating to the opening, grading, pav-
ing, macadamizing, curbing, or improving streets or high-
ways, erecting or maintaining bridges, schools, or other
buildings, or improvements intended for public use or
purposes within such ward, and other matters involving
the special liability of such ward for assessment or taxes;
and no liability shall be authorized or incurred by coun-
cils on account of the purposes for such ward is alone tax-
able; and no tax to provide money for the said purposes
shall be imposed by councils, assessed, levied, or collected
until the said committee shall have recommended ta
councils to impose, authorize, or incur the said liability,
or to assess, levy, and collect the said taxes, and shall
have fixed the rate thereof.

57. The city council may levy a tax on licenses to agents
of insurance companies, whose principal office is not
located in said city; to auctioneers; to public theatrical
or other performances or shows; to keepers of billiard
tables and ten-pin alleys; to hawkers and peddlers; to
agents for the renting of real estate; to commission mer-
chants and any other business, whether a license may be
required therefor by the state or not; and to lawyers and
doctors for the privilege of practicing in the corporation ;
the amount of the license in case of lawyers and doctors
is not to exceed that imposed by the state. For water or
light supplied by the city from its works council shall fix
the rates thereof, the time when such rates shall be paid,
and the penalties for the non-payment thereof.

58. Any 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.

59. The council may grant or refuse license 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,
and carts using them in the city to take out a license
therefor, and may assess and require taxes to be paid
thereon and subject the same to such regulations as they
may deem proper, and may prescribe their fees and com.
pensation.

60. All goods and chattels wheresoever found may be
distrained and sold for taxes assessed and due thereon,
and no deed of trust nor mortgage upon goods and chat-
tels shall prevent the same from being distrained and sold
for taxes assessed against the grantor in such deed.

61. There shall be a lien on real estate for the city taxes
as assessed thereon from the commencement of the year
from which they were assessed. The council may require
real estate in the city delinquent for the non-payment of
taxes to be sold for said taxes, with interest thereon at
the rate of ten per centum per annum, and such per
centum as the council may prescribe for charges. Such
real estate shall be sold, and may be redeemed in the
manner provided by law.

62. The city council may organize and maintain a fire
department for the city and appoint an engineer, assist-
ants, and other officers, with any or all the powers which
have been or may be vested by law in such officers; and
they may make rules and regulations for the govern-
ment of the officers and men of said department; may
prescribe their respective duties in 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 extinguish
and prevent fires, to prevent property from being stolen,
and to require citizens to render assistance to the fire
department in case of need.

63. For the purpose of guarding against the calamities of
fire, the city council may, from time to time, designate such
portions and 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
portion of the city without their permission, and shall,
upon the petition of the owner or owners of at least one-
half of the ground included in any square of the city, pro-
hibit their erection on said square of any buildings, or
addition to any buildings, unless the outer walls thereof
be made of brick and mortar, or stone and mortar, and
may provide for the removal of any such building or ad-
dition which shal! be erected contrary to such prohibition
at the expense of the builder or owner thereof; and if any
such building shall have been commenced before said
petition can be acted on by the council, or if any building
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.

64. The said council shall, by ordinance, provide for
any irregular election not herein provided for, and appoint
the necessary officers for conducting the same.

65. The city of Radford and its inhabitants shall be
exempt from old assessments for levies in the way of
taxes imposed by the authorities of Montgomery county
for any purpose whatever, except upon property in said
county, owned by the inhabitants of said city, nor shall
such inhabitants be liable to serve upon juries in said
county.

66. All ordinances now in force in the town of Radford,
not inconsistent with this act, the laws of this state, and
of the United States, shall be and remain in force until
altered, amended, or repealed by said council.

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

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