CHaP. 200.—An ACT to provide a new charter for the city of
Roanoke.

Approved February 12, 1892.
CHAPTER I.

1. Be it enacted by the general assembly of Virginia,
That the territory contained within the following limits,
namely: Beginning at the intersection of the present cor-
poration line with the road leading to Colonel Tayloe’s
residence, thence along said road to the eastern corner of
the lands of the Belmont land company, thence with the
southeastern boundary line of same and continuing same
course through the land of the Roanoke land and improve-
ment company to the south bank of Roanoke river, thence
up the river with the south bank thereof to the western
boundary line of the Roanoke iron company’s land; thence
along same and across the Norfolk and Western railroad
to the northern boundary of said road; thence along the
northern side of said railroad land to the Sexton farm;
thence with the western boundary of said farm to the
Salem turnpike, at the southwestern corner of the land of
the Melrose land company, thence with the northern and
western boundary lines of said company’s land to the
Salem turnpike and present corporation line; thence with
present corporation line to the Linwood tract; thence
with the western and northern boundary lines of same
and crossing the Shenandoah Valley railroad to Tinker
creek ; thence down said creek to the present corporation
line; thence with the same to the beginning; shall be
deemed and taken as the city of Roanoke, and the inhabi-
tanta of the city of Roanoke 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 Roanoke,
and as such shall have, exercise, and enjoy all the rights,
immunities, powers, and privileges, and be subject to all
the duties and obligations now encumbent upon and per-
taining to said city as a municipal corporation.

2. The said city of Roanoke shall be divided into five
(5) wards, as follows:

The first ward shall consist of all that portion of the city
embraced within the following boundary: Beginning at a
point on the Norfolk and Western railroad north of J. M.
Gambill’s mill; thence with the eastern side of said mill
to Roanoke street; thence with Roanoke street to Frank-
lin street; thence with Franklin street to the south bank
of Roanoke river at the iron bridge; thence with the
south bank of said river westwardly to the Norfolk and
Western railroad at the corner of the Roanoke iron com-
pany’s property; thence with the Norfolk and Western
railroad to the beginning.

The second ward shall consist of all that portion of the
city embraced within the following boundary: Beginning
at the intersection of Jefferson street and the Norfolk and
Western railroad; thence with said street southward to
Roanoke river at the Crystal Spring land company’s
bridge; thence with the south bank of said river west-
ward to Franklin street; thence with the east line of the
first ward to the Norfolk and Western railroad; thence
with the said railroad to the place of beginning.

The third ward shall consist of all that portion of the
city embraced within the following boundary : Beginning at
the intersection of Henry street and the Norfolk and West-
ern railroad; thence northward with Henry street to Gil-
mer street; thence with Gilmer street eastwardly to Henry
street; thence with said street and Gainesborro road to
Peach Tree street; thence with said street to the Lynch-
burg turnpike; thence north to the northern boundary
line of the city; thence eastwardly with said line to Tin-
ker creek; thence with said creek to the Norfolk and
Western railroad; thence with the south track of said road
to the place of beginning.

The fourth ward shall consist of all that portion of the
city embraced within the following boundary: Beginning
at the intersection of Jefferson street and the Norfolk and
Western railroad; thence with the said railroad easterly to
Tinker creek; thence with the corporate line to the south
bank of Roanoke river; thence with the south bank of the
said river to Jefferson street; thence with Jefferson street
to the place of beginning. |

The fifth ward shall consist of all that portion of the
city embraced within the following boundary: Beginning
at the intersection of Henry street and the Norfolk and
Western railroad; thence with the western boundary line
of the third ward to the northern boundary of the city;
thence with the said boundary line westwardly and south-
wardly to the Norfolk and Western railroad; thence with
the said railroad to the place of beginning.

CHAPTER II.

1. The administration and government of said city shall
be vested in one principal officer, to be styled “mayor,”
one body to be called the “common council for the city of
Roanoke,” and any such other bodies and officers as are
hereinafter mentioned or which may be provided for by
the common council.

2. The municipal officers of said city shall consist of a
mayor, twenty common councilmen, a police justice, a
treasurer, an auditor, a clerk of the hustings court, a ser-
geant, a commissioner of the revenue, one justice of the
peace for each ward, one constable, a commonwealth’s at-
torney, a clerk of the market, a city solicitor, and a city
engineer.

3. The mayor, sergeant, commonwealth’s attorney, jus-
tices of the peace, and constable shall be elected by the
qualified voters of the city on the fourth Thursday in
May, eighteen hundred and ninety-two, and every two
years thereafter; the treasurer shall be elected by the

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yualified voters of the city on the fourth Thursday in
May, eighteen hundred and ninety-three, and every three
years thereafter; the clerk of the hustings court shall be
alected by the qualified voters of the city on the fourth
Thursday in May, eighteen hundred and ninety-six, and
avery 81x years thereafter; the commissioner of the reve-
nue shall be elected by the qualified voters of the city on
the fourth Thursday in May, eighteen hundred and ninety-
four, and every four years thereafter.

4. At the general election to be held on the fourth
Thursday in May, eighteen hundred and ninety-two, there
shall be elected twenty councilmen, ten of whom shall
hold office for one year, and ten for two years, and there-
after ten councilmen shall be elected each year at the said
general election, whose term of office shall be two years.
The councilmen so elected under this act shall be elected
by a popular vote of the qualified voters of the city of
Roanoke, each ward to elect its own councilmen, and to
be represented in said council by an equal number. The
present members of the council shall continue in office
and exercise the powers vested in them by law until the
aforesaid twenty councilmen shall, after election on the
fourth Thursday in May, eighteen hundred and ninety-
two, have entered upon the discharge of their duties on
the day prescribed by this act.

5. The election for all of the foregoing officers shall be
held under and pursuant to the general laws of the state.

6. The term of office of said officers shall begin on the
first day of July succeeding their election. )

7. The common council shall elect a city engineer, city
solicitor, clerk of the markets, an auditor, and a police jus-
tice, the first of whom shall hold office for three years, the
second two for one year, and the last two for two years,
and the common council shal] elect such other officers as
it may deem expedient for the proper conduct of the af-
fairs of the city and in the execution of the powers herein-
after conferred upon it, and prescribe their term of office

8. The term of office of those officers mentioned in the
preceding section, and all other officers elected by the
council, shall begin on the first day of August succeeding
their election.

Cyaprer III.

1. The council shall, annually, elect one of its mem.
bers to act as president, and when from any cause he shal
be absent, it shall elect a president pro tempore.

The president shall have the power to cal] a meeting o
the council whenever he deems it necessary; and in case
of his absence, inability, or refusal, the council may be
convened by the order of the clerk, upon request of an}
five members in writing, but no special meeting shall b
convened until notice has been served upon each membe
of the council in person or by leaving a copy of same a
his place of abode.

The council shall by ordinance fix the time for holdin:
their stated meetings, and na business shall be transacte
at a special meeting but that for which it shall have bee1
called.

The council shall have the authority to adopt such rule
and to appoint such officers and committees or clerks a
it may deem proper for the regulation of their proceeding
and convenient transaction of business; to compel the at
tendance of absent members; to punish its members fo
disorderly behavior, and by a vote of three-fourths of th
body to expel a member for malfeasance or misfeasancs
in office. They shall keep a minute book in which the
clerk shall note the proceedings of each session, and shal
record such proceedings at large in the record book, anc
keep the same properly indexed. “The meetings of the
council shall be open to the public except when the pub.
lic welfare shall require secrecy. A majority of the
members of the council shall constitute a quorum for the
transaction of business; but no ordinance shal! be passed
or resolution adopted having for its object the appropriation
of money except by a concurrence of a majority of the
council. No vote or question decided at a stated meeting
shall be reconsidered at a special meeting unless there be
at least fifteen members present and twelve concur therein.

The council shall have, subject to the provision given
in this act, the control of the fiscal and municipal affairs
of said city, and all property, real and personal, belong-
ing to said city, and may make such ordinances and by-
laws relative to the same as they shall deem proper; and
they shall likewise have power to make such ordinancer,
orders, by-laws, and regulations 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 shall be necessary and proper to prevent huck-
stering, forestalling, or regrating.

Second. To erect and provide in or near said city suita-
ble workhouses, 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 receiving or entitled to the benefit of the
poor laws; appoint necessary 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 the agency they shall appoint

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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; to erect within the city
a city prison, and said prison shall contain such apart-
ments. as shall be necessary for the safe-keeping of all
persons confined therein.

Fourth. To establish or enlarge water-works, electric
lights, and gas-works within or without the limits of the
city; to contract and agree with the owners of any land
for the use and purchase thereof, or have the same con-
demned according to law, for the location, extension, or
enlargement of their said works, the pipes connected
therewith, or any fixtures or appurtenances thereof, and
shall have the power to protect from injury, by ordinance
prescribing adequate penalties, the said works, pipes, fix-
tures, and land, or anything connected therewith, or works,
fixtures, and other appurtenances of water or gas com-
panies established under their authority, whether within
or without the limits of the said city.

Fifth. To open, close, improve, widen or narrow streets,
avenues and alleys, and have them kept in good order and
properly lighted, make sidewalks, build bridges, culverts,
and sewers within the said city, or cause to be graded,
paved, or macadamized any public street, avenue, or alley
or parts thereof, which is now or may be hereafter laid
out and opened in said city, and have the same set with
curbstone, and shall have power to provide for the pay-
ment of any such improvements out of the general revenue,
or by assessments on the real estate benefited thereby, as
to the judgment of the council shall seem expedient; and
over any street or alley in the city which has 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 prevent the building of or remove any
structure, obstruction, or encroachment 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 or individual shall occupy with its or his
works, or any appurtenances thereof, the streets, sidewalks,
or alleys in the city’ without the consent of the council
duly entered upon its record book.

Sixth. To prevent the cumbering of streets, sidewalks,
alleys, lanes, or bridges in the city in any manner what-
ever.

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 locomotive 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 weight or measure, to cause their weights and
measures to be sealed by the city sealer, and to be subject
to his inspection, and may impose penalties for any vio-
lation of any such ordinance.

Tenth. To secure the inhabitants from contagious, in fec-
tious, or other dangerous diseases; to establish, erect, and
regulate hospitals or subscribe funds for the maintenance
of private hospitals; to provide for and enforce the re-
moval of patients to the hospital or hospitals established
by the city, or to which the city has subscribed; to ap-
point and organize a board of health of said city, and
clothe it with authority necessary for the prompt and
efficient performance 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, and col-
lect said expense by suit or motion; to prevent and regu-
late slaughter-houses, soap and candle-factories within
said city, or the exercise of any dangerous, offensive, 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 said city shall be subject to
be covered with stagnant water, or if the owner or owners,
occupier or occupiers, thereof shal] permit any offensive
or unwholesome substance to remain or accumulate there-
in, the council may cause such grounds to be filled, raised,
or drained, or may cause such substance to be covered or
to be removed therefrom, and may collect the expense of
so doing from the said owner or owners, occupier or occu-
piers, or any of them (except in cases where such 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 man-
ner in which taxes levied upon real estate for the benefit
of said city are authorized to be collected, or by suit or
motion: provided, that reasonable notice shall first be
given to said owner or owners, or his, her, or their agent
or agents. In case of non-resident owners who have no
agents in said city, such notice may be given by publica-
tion for not less than ten (10) days in any newspaper in
said city, and all expense of such publication to be paid
by the owner or occupier as above. The occupier of such

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premises shall only be cumpelled to pay for the same an
amount not exceeding the amount due by him for rent,
and he shall! have the right to offset any amount he may
have so paid against the rent due the owner of the premises.

Thirteenth. To direct the location of all buildings
for storing gunpowder and other combustible and ex-
plosive substances, and to regulate the sale and use of
gunpowder, fire-crackers, or fire-works manufactured or
prepared therefrom, kerosene oil, nitro-glycerine, cam-
phene, burning fluid, or other combustible material; to
regulate the exhibition of fire-works, the discharge of fire-
arms, the use of lights and candles in barns, stables, and
other out-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 confiscations, regulations, and, taxes as they may
deem proper.

Fifteenth. To prevent the riding and driving of horses
or animals at an improper speed, throwing stones, or en-
gaging in any employment or sport on the streets, side-
walks, or public alleys, dangerous or annoying to passen-
gers, and to prohibit and punish the abuse or cruel treat-
ment 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 of liquors and intoxicating drinks to be drunk
in any public place not duly licensed, and the selling or
giving to be drunk any intoxicating liquors to any child
or minor, and the selling or giving of cigarettes to any
minor under fifteen years of age; and for any violation of
any such ordinance may impose fines in addition to those
prescribed by the laws of the state.

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

2. First. 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.

Second. The city council is empowered to hold such
lands as may have already been acquired by the city of
Roanoke to be used as a place for the burial of the dead,
and to acquire, by purchase or otherwise, such additional
lands as may be necessary for that purpose. The said
council shall also have the power to prescribe and enforce
all needful rules and regulations not inconsistent with
the laws of the state, for the use, protection, preservation,
and ornamentation of the cemetery or cemeteries; to set
aside, in their discretion, by metes and bounds, 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 of persons shall be admit-
ted to interment in the cemetery or cemeteries. The
cemetery or cemeteries, when established or enclosed
with the property included in it or them, shall be exempt
from all state, county and municipal taxation.

3. 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 impris-
oned in the jail of the city for a term not exceeding nine-
ty days, which penalties may be prosecuted and recovered
with costs, in the name of the city of Roanoke, or shall
compel them to work on the streets or other public improve-
ments in the said city. The accused, if convicted, shall have
the right of appeal to the hustings court of said city.

4. The council shall not take any private property for
public purposes without making to the owner thereof just
compensation for the same; and where the council cannot,
by agreement with the owner, obtain the title to or the use
of such property for such purposes, it shall be lawful for
said council to institute and prosecute proceedings for the
condemnation thereof according to law.

5. 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 with-
in 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, or by suit or
motion; and whatever amount the occupant or tenant shall
have to pay therefor, for said amount he shall have a valid
and lawful offset against the rent due or to become due to
his landlord.
6. Whenever any street or lane in said city shall have
been opened to and used as such by the public for a 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 inter-
est 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 or record, or which has been filed in the clerk’s of-
fice of the corporation court of the city of Roanoke, shall
be deemed and held to be dedicated to the public use, un-
less it appears by said record that the said street or alley
so reserved is designed for private use. But upon a peti-
tion of a majority of the persons interested therein, the
council shall have the power to open the same for the use
of the public, and a map thereof shall be filed with the
city engineer in case the same is opened for the public.

7. Whenever any new street shall be laid out, or street
paved or graded, culverts or sewers built, or any other pub-
lic improvements whatsoever made, the council shall de-
termine what portion, if any, of the expense thereof
shall be paid out of the city treasury, and what portion,
if any, by the owners of the real estate benefited thereby ;
and for whatever amount the council shall decide shall be
paid by the owners of the real estate bounding and abut-
ting on said streets, or benefited by any such improvements,
an assessment shall be levied by the council by the front
foot bounding, or abutting, or benefited as aforesaid,
which said assessment shall be payable within ninety days
from the date it is made, and shall be a lien upon the prop-
erty against which it is assessed from the date of such
assessment, and shall also be a personal debt of the owner
of the property, which lien and debt may be enforced by
bill in chancery, suit, or motion; but no such assessment
on abutting property shall be made until a plan of such
improvement has been made by the city engineer, with
an estimate of the cost and the amount to be paid by
each abutting owner, such plan and estimate to be filed
in the clerk’s office of the city council, and a hearing
given to said abutting owners before said council or com-
mittee thereof after notice.

8. The city council shall grant and pay to all city offi-
cers, clerks, and assistants, elected or appointed in pur-
suance 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; but no officers shall be ap-
pointed or salaries paid unless approved by council.

9. 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 or request
of the city clerk, or within such time thereafter as the
city 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 five hundred dollars, to be sued for and recovered with
costs; and all books, records, and documents used in any
such office by virtue of any such provision of this act, or
of any ordinance or order of the city council or any su-
perior ‘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.

10. To prescribe limits within which no buildings shall
be constructed except of brick, stone, or other incombus-
tible material, with fire-proof roof, and to impose a pen-
alty for violation of such ordinance; and shall have au-
thority to appoint one or more persons to inspect build-
ings and condemn such as are unsound and unsafe.

11. The council may, by ordinance, make such regula-
tions, not inconsistent with law, as they may deem expe-
dient in relation to the erection and alteration of wooden
buildings outside the fire limits, and may regulate the
building, management, and inspection of elevators, hoist-
ways, and elevator-shafts in said city.

12. The council may, by ordinance; make such regula-
tions in relation to the size and shape of all carriages,
wagons, carts, trucks, sleighs, sleds, and other vehicles, or
any part thereof, and their loads, passing through the
highways and public places of the city, as it may deem
necessary for the public good.

13. The council shall, without unnecessary delay, enact
stringent and efficient laws for securing the safety of per-
sons from fire in halls and buildings let or used for public
assemblies and for entertainments and amusements.

14. In the building of any sewers through the streets
or alleys of the city, the council shall have authority to
contract with the adjacent property owners for the tempo-
rary use of the adjacent property, and pay adequate com-
pensation therefor; and in case the compensation cannot
be agreed upon, the temporary use of such adjacent prop-
erty may be condemned by proceedings similar to those
employed in the condemnation of the freehold under the
general law of the state.

15. The council shall have authority to make all such
ordinances, by-laws, rules, regulations, and resolutions,
not inconsistent with the laws of the state, as may be
expedient, in addition to the special powers in this chap-
ter granted, for maintaining the good government and
welfare of the city and its trade, commerce, and manu-
factures, and to enforce, by ordinances, and inflict penal-
ties for the violation thereof, not exceeding one hundred
dollars.

16. The mayor shall appoint for his term of office, from
the qualified voters of the city of Roanoke, three persons,
subject to the approval of council, who shall constitute
and be known as the board of public works. Council
shall clearly define the duties of said board, which shall
be to have special supervision over all matters involving
work on public improvements, approved and ordered by
council, of every character, and the proper execution of
the work as authorized, and no accounts for said work
shall be paid unless approved by them, their salaries to
be fixed by the mayor, and approved by the council. The
mayor shall take from such officers a bond or bonds, with
surety to be approved by the council, in such penalty as
he and they may deem proper, with conditions for the
faithful performance of said duties.

17. The officers appointed by the council may be re-
moved from office at its pleasure, and any officer elected
by the council may be removed for cause after a proper
investigation and hearing. In case of any vacancies oc-
curring in any municipal office where it is not herein
otherwise provided, the council shall elect a qualified per-
son to fill said office during the unexpired term.

18. No ordinance of council shall become a law until
approved and signed by the mayor. In case of his disap-
proval, he shall return the same to the council, with his
reasons therefor in writing, and the council shall then
have the right to pass such ordinance over his veto by a
vote of four-fifths of all the members of the council.
In case the mayor fails to either approve or disapprove
an ordinance within ten days after it has been presented
to him, it shall become a law.

CuHaprer IV.

1. Mayor.—First. It shall be the duty of the mayor to
enforce the laws and ordinances of the city and all orders
and resolutions of the council. He shall see that the du-
ties of the various city officers are faithfully performed.
He shall have power to investigate their acts, have access
to all books and documents in their offices. He shall also
have power to suspend or remove such officers, whether
they be elected or appointed, for misconduct in office or
neglect of duty, to be specified in the order of suspension
or removal, but no such removal shall be made without
reasonable notice to the officer complained of and an op-
portunity offered him to be heard in his defence. When-
ever the mayor shall remove or suspend any such officer,
he shall report the fact, with his reasons therefor, to the
council at its next regular meeting, but in no case shall
such removal be final until ratified by a majority of the
whole council.

Second. In case of the absence or inability of the mayor,
the president of the council, or, in his absence or inability,
some other member designated by the council, shall act
as mayor, and shall possess the same powers and discharge
the same duties as the mayor during such absence or ina-
bility.

Third. It shall be his duty to communicate with the
city council at the end of each fiscal month a general
statement of the condition of the city in relation to its
government, finances, and improvements, with such recom-
mendations as he may deem proper.

Fourth. 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 council shall be filled according to law.

Fifth. The mayor shall receive such salary as shall be
fixed by the said council, and he shall receive no other
compensation or emoluments whatever, and his salary
shall not be diminished during his term of office.

The mayor shall be authorized to appoint a chief of po-
lice and such number of policemen as may be author-
ized by the council, which appointments shall be reported
to the council at the next regular meeting thereof, and if
approved by it they shall be confirmed. Such chief and
policemen shall constitute the police force of the city,
and shall hold their respective positions during good be-
havior or until they may be ‘severally removed by the
mayor or by a three-fifth’s vote of the council after notice to
and failure of the mayor to act, after having been re-
quested so todo by the council. The police force shall be
under the control of the mayor for the purpose of enforcing
peace and order and executing the laws and the ordinances
of the city, and shall also perform such other duties as the
council may prescribe. For the purpose of enabling it to
execute its duties and powers, each member of the police
force is hereby made and constituted 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 city, may be necessary to enable him to discharge
the duties of his office. The uniform, rules, and regula-
tions for the police force shall be prescribed by the mayor
and approved by the council. The pay of all policemen
shall be prescribed by the council.

2. Police Justice.—First. The police justice shall pos-
sess all the jurisdiction and exercise all the power and au-
thority in criminal cases of a justice of the peace of said
city, but he shall receive no fees for services as such po-
lice justice. He shall also try all violations of the city
ordinances, and inflict such punishment as may be pre-

Google
cribed for a violation of the same. He shall keep his
‘fice and court at the place prescribed by the council
laily, except Sundays; and if from any cause he shall be
inable to act, the mayor shall appoint one of the justices
»f the peace of said city to discharge the duties of the
police justice prescribed herein during such disability,
and receive the same compensation.

Second. The police justice shall keep a regular account
of all fines, forfeitures, and costs imposed or arising in the
administration of ,his office, which he shall report weekly
to the auditor. The chief of policeshall collect such fines,
forfeitures, and costs, and report the same weekly to the
auditor and pay over the same weekly to the treasurer.

Third. The police justice shall receive such salary as
shall be fixed by the city council, and he shall receive no
other compensation or emoluments whatever, and his sal-
ary shall not be diminished during his term of office.

3. Treasurer.—First. The city treasurer shall receive
all money belonging to the city, and shall keep his books
and accounts in such manner as the city council may pre-
scribe, and such books and accounts shall be subject to
the inspection of the mayor or any committee of the
council authorized to examine the same.

Second. No money shall be paid out except upon war-
rants of the auditor. All moneys to be paid to the treas-
urer of the city, except taxes and other assessments, as
the city council may so ordain, shall be paid by the per-
son liable to pay the same, or his agent, to the treasurer
in the following manner: A warrant shall first be ob-
tained from the auditor, directing the treasurer to receive
the sum to be paid, specifying on what account the pay-
ment is to be made. Upon payment of the money to the
treasurer, he shall give a receipt for the same in dupli-
cate, which receipts shall be carried to the auditor, who
shall endorse on the original receipt the fact that a dupli-
cate thereof has been filed in his office, and deliver the
same to the person entitled thereto, and shall file the du-
plicate in his office, and no payment into the treasury,
unless this requirement is complied with, shall be an ac-
quittance of any claim on the part of the city.

Third. The treasurer shall also report to the city auditor
at the end of each fiscal year, and oftener if required, a
full and detailed account of all receipts and expenditures
during the fiscal year in the city treasury. He shall also
keep a register of all warrants of every kind, the number
and the person to whom paid, specifying also the time of
payment, and all such warrants shall be examined by the
finance committee, who shall examine and compare the
same with the books of the auditor at the end of each fiscal
year, and report their finding to council.
Fourth. The treasurer shall collect all taxes and assess-
ments which may be levied by the said city and perform
such other duties as may hereafter be prescribed or or-
dained by the city council.

Fifth. The treasurer shall be required to keep all money
in his possession belonging to the city upon deposit in
some safe banking institution or institutions in the city
of Roanoke, and such moneys shall be deposited to his
credit as treasurer of the city of Roanoke; and he is hereby
expressly prohibited from using directly or indirectly the
corporation 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 be
deemed to be a malfeasance in office, for which he may be
removed by proceedings instituted in the husting court
for said city. In case of his removal the judge of the
hustings court shall appoint a qualified person to fill said
office until the next general election, which may be held
in the city when the qualified voters in said city shall, as
in other cases, fill such vacancy by the election of his suc-
cessor, who shall hold office for the remainder, if any, of
the unexpired term of the officer removed. |

Sixth. The treasurer shall receive such compensation
as is provided by law in the case of city treasurers.

4, Auditor.—First. The auditor shall superintend the
fiscal concerns of the city, and shall manage the same in
the manner required by this act and the ordinances and
resolutions of the city council.

Second. He shall keep a regular set of books, in which
shall be opened and kept as many accounts, under appro-
priate titles, as may be necessary to show distinctly all
the estate and property whatsoever, real and personal,
vested in the city by law or otherwise, and of trusts in the
care of the same; all funds due to and owing by the city,
all receipts and expenditurs in the various departments
of the city, and all appropriations made by the city coun-
cil and the sums expended under the same respectively.

Third. He shall, from time to time, as often as he may
deem necessary or the city council shall direct, suggest
plans to the council for the improvement and management
of the city finances.

Fourth. He shall have the supervision and control of
the fiscal concerns of all departments and officers of the
city, who shall collect, receive, or disburse the public
moneys, or who are charged with the management or
custody thereof, and may, at any time, require from any
of them an account, in writing, of any and all moneys or
property of the city in their hands or under their control,
and he shall immediately, upon the discovery of any
default, irregularity, or delinquency, report the same to
the city council.
_ Fifth. He shall sign all warrants on the city treasurer
and shall not suffer any appropriation made by the city
souncil to be overdrawn. Every case where the appro-
Driation shall be exhausted and the object of which is not
-ompleted, he shall immediately report to the city council
and give such report with a statement of the moneys which
have been drawn on euch appropriation and the particular
purposes for which they were drawn. Whenever an ac-
count against the city shall be presented to him for pay-
ment, the person presenting the same shall, if the auditor
require, produce evidence, first, that the amount expressed
in the account is due to the person in whose favor it is
made; second, that the supplies or the services for pay-
ment of which the account is made have been furnished
or performed; third, he shall have the authority to ad-
minister oaths or affirmations in verification of demands
for his signature, but shall not be entitled to receive any
fee therefor. The council, however, may require before
any warrant is issued that the account be submitted to
council.

Sixth. He shall make a report, verified by oath or
affirmation, to the city council at the end of each fiscal
month, of the public accounts of the said city and of the
trusts in their care, exhibiting all the expenditures of the
city, the sources from which the revenue and funds are
derived, and in what manner the same have been dis-
bursed, each account to be accompanied by statement, in
detail, in separate columns, of the several appropriations
made by the council, the amount drawn on each appro-
priation, and the balance standing to the debit or credit
of same.

Seventh. He shall be paid a salary fixed by the council,
which shal! not be diminished during his term of office.

Eighth. There shall be kept in the auditor’s office alien
docket, in which, in proper columns, shall be entered all
claims for curbing, paving, sidewalks, assessments for
damages, and contributions for opening public streets,
lanes, and alleys, or parts thereof; for paving, grading,
and macadamizing same, and for sewerage, and any other
public improvements, which docket shal] at all times be
opened to the inspection of the public; and after said lien
shall have been docketed, all persons shall be effected
with notice.

5. Clerk of the council.—First. There shall be one city
clerk appointed by the 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.

Second. The said clerk shall attend the meetings of the
said council and keep a record of its proceedings; he shal!
have the custody of the corporate seal and all official
bonds taken by order of council or under the require-
ments of law; he shall keep all papers that by the pro-
vision of this act or the direction of the cify council are
required to be filed with or kept by him. It shall be his
duty, immediately after the close of each session of the
city council, to make and present to the mayor a trans-
cript of every ordinance, resolution or order concerning
any public improvement, or for the payment of money,
and every ordinance, resolution, order, and act of legisla-
tive character passed by the city council at such session.
He shall in like manner transmit to the auditor a trans-
cript of al] orders, ordinances or resolutions appropria-
ting money or authorizing the payment of money, the
issue of bonds or notes. He shall in like manner give
notice to all parties presenting communications or peti-
tions 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 re-
quired by this act to publish, and such other reports and
ordinances as they may direct, and shall in general per-
form such other acts and duties as the city council may,
from time to time require of him.

6. Clerk of the hustings court.—There shall be one
clerk of the court of hustings for the city of Roanoke,
who shall serve for a period of six years, and until his
successor be elected and qualified. He shall receive in
compensation 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.

7. There shall be one commonwealth’s attorney, who
shall prosecute in all cases in the hustings court of the
city of Roanoke. 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.

8. Commissioner of revenue.—First. There shal] be one
commissioner of revenue, who sball bold his office for the
period of four years and until his successor shall be
elected and qualified, 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 of-
fice of the city clerk. In case a vacancy shall occur in
the office of the commissioner of revenue, the city coun-
cil 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 by election for the unex-
pired term. |

Second. The said commissioner of revenue shall per-
form all the duties in relation to the 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
s0me 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 prescribe,which
books, records, and other papers shall be subject to the in-
spection and examination of the mayor, the members of the
city council, or any committee thereof, and of the collector
of city taxes.

Third. To aid the commissioner of revenue in his du-
ties, the clerk of the court of hustings for the city of
Roanoke, as required, shall deliver to him such lists as are
mentioned in section four hundred and thirty-nine of the
code of Virginia of eighteen hundred and eighty-seven,
as far as may relate to Jands 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.

9. Sergeant.—First. There shall be one city sergeant,
who shall attend the terms of the court of hustings for
said city and act as the officer thereof, and shall perform
such other duties as may be prescribed and ordained by
the city council, and shall! receive such compensation there-
for as the council shall determine. He shall be collector
of delinquent city taxes placed in his hands by the city
treasurer, and for that purpose shall have all the powers
and authority, and be subject to the same liabilities and
penalties, as are prescribed for township collectors in the
collection of state taxes and county levies, and may be
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 thecity. He
shall report to the council in writing at each stated meet-
ing the amount of all moneys collected by him for the city
and paid over as herein directed. Before entering upon
the duties of his office as collector of the city taxes, he
shall enter into bond, with sureties to be approved by the
council, in such sum as the council may direct, said bond
to be payable to the city of Roanoke, 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.

Second. The sergeant may, with the approval of the.
court of hustings for 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 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.

10. Constable.—There shall be elected one constable for
the city, who shall hold his office for the term of two years,
and until his successor be appointed 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 council, 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
the law for other constables, and shall perform such duties
as the city council may ordain.

11. Justices of the peace.—There shall be one justice of
the peace for each ward of said city, who shall be resi-
dents of their respective wards, and shall hold office for
the term of two years, and until their successors be elected
and qualified, unless sooner removed from office. The
said justices of the peace shall be conservators of the
peace within the limits of the corporation of Roanoke and
one mile beyond, and shall have the same powers 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 the counties of this state, in their respective
counties.

12. Clerk of markets.—The clerk of the markets shall
perform such duties and receive such compensation as
may be prescribed by the city council]. All moneys re-
ceived by him shall be reported weekly to the auditor and
paid to the treasurer.

13. City solicitor.—First. All law matters to which the
said city may be a party or in any wise interested shall
be under the supervision, direction, and control of the
city solicitor, subject to the direction of the council. He
shall prepare all bonds, obligations, contracts, leases, cov-
enants, and assurances which may be required of him by
any ordinance or the council; commence and prosecute
all and every suit or suits, action or actions, brought by
the city for or on account of any of the estate, rights,
trusts, privileges, claims, or demands of the same, and
defend all actions or suits brought against the city, or any
officer thereof, before any court in this commonwealth,
and shal] do all and every professional act incident to the
office which may be required of him by the mayor, any
committee, or the council.

Second. He shall, when required, furnish the council,
or committees thereof, the head of any department or the
mayor, with his written opinion on any subject which may
be submitted by them to him.

Third. He shall at least once in every month make a
report to the city auditor of all moneys received by him
by virtue of his office, and immediately pay the same to
the city treasurer.

Fourth. The city solicitor shall receive a fixed salary
and no other compensation, and al] fees received by him
in his official capacity shall be paid into the city treasury
monthly, as hereinbefore provided.

14. City engineer—First. The city engineer shall make
field notes of all work performed by him for the city and
for private individuals within the city limits, and the
same shall be kept in his office for reference and be turned
over to his successor.

Second. The city engineer shall devote his entire time
and attention to the service of the city in surveying the
streets, alleys, Janes, and highways thereof, furnish regu-
lations for buildings, and make al] necessary plans, drafts,
or maps which may be required for the use of the city for
highways, paving, surveying, or building. All instru-
ments, paper, and other materials necessary for the equip-
ment and supply of his office shall be furnished by the
city, and all maps, drafts, or plans made by the city en-
gineer for the purpose aforesaid, and intended for preser-
vation, shall be executed upon sheets of good draft paper,
and shall, as far as practicable, be all of a uniform size,
and the same shall be the property of the city, and be
bound in book form, and be kept among the archives of
the city for the use of the council and the various officers
of the city government and the inspection of the citizens,
and shall do and perform any other service that may be
required by resolution or ordinance.

Third. The salary of the city engineer shall be fixed
by the city council, and all fees received by him in his
official capacity shall be paid over to the city treasurer
monthly, in the same manner as is required for paying in
other moneys.

15. All officers provided for in this act and all other
officers appointed by the council, before entering upon
the discharge of their duties, shall enter into bond in
such penalty as the council may prescribe, payable to the
city of Roanoke, conditioned for the faithful discharge
of their respective duties, all sureties to be residents of
the state of Virginia, except well-known and responsible
surety companies.

CHAPTER V.

1. General provisions.—The city council may, in the
name and for the use of the city, contract loans, or cause
to be issued certificates of debt or bonds; provided no
such certificates of debt or bonds shall he issued except
by a three-fourths vote of the council, endorsed by a ma-
jority of the freehold voters voting on the question; but
such loans, certificates, or bonds shall not be irredeema-
ble 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 improvement, or other purpose, with-
out being first authorized so to do by a three-fourths vote
of the freehold voters of the city voting on the question ;
provided further, that in no case shall the aggregate debt
of the city at any one time exceed ten per centum of the
assessed value of the property, real and personal, within
the city limits; and provided further, that the said coun-
cil shall not endorse the bonds of any company whatso-
ever without the same authority. All contracts for the
erection of public improvements within the jurisdiction
of the city council, shall be let to the lowest responsible
bidder, and notice shall be given at least thirty days be-
fore the work is finally let by advertisment in one or
more newspapers 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 con-
tract be let to any member of the city council, nor shall
any member have any jnterest in such contract.

2. Whenever, hereafter, there shall be contracted by
the council any debt not payable within one year thereaf-
ter, 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 the debt, in addition to the an-
nual interest agreed to be paid thereon, which sum shall
be applied and invested towards the payment of such
debt.

3. For the execution of its powers and duties, the city
council may raise taxes annually, by assessments in the
said city on all subjects taxable by the state, such sums
of money as they shall deem necessary to defray the ex-
penses 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 ex-
ceed one dollar and twenty-five cents upon the one hun-
dred dollars assessed value thereof; and provided, also,
that no corporation tax shall be levied upon the machin-
ery, implements, money, and capital of any manufactur-
ing establishment actually in use for manufacturing pur-
poses within the said city for twenty years from the third
day of February, eighteen hundred and eighty-two; but
this proviso is not intended to apply to capital employed
in purchasing articles manufactured outside of the city
and brought here to be used in manufacturing.

4, The city council may levy a tax on water and gas,
on license to agents of insurance companies whose prin-
cipal office is not located in said city; to auctioneers; to
public theatrical or other performances or shows; to keep-
srs of billiard tables and ten-pin alleys; to hawkers and
peddlars; to agents for the renting of real estate; to com-
mission merchants, and any other business, whether a 1i-
cense may be required therefor by the state or not.

5. Any payment of taxes by the tenant shall be a
credit against the person to whom he owes rent.

6. 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, and 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 as they may deem proper,
and may prescribe their fees and compensation.

7. All goods and chattels, wheresoever found, may be
distrained and sold for taxes assessed and due thereon,
and no deed of trust or mortgage upon goods and chattels
shall prevent the same from being distrained and sold for
taxes assessed against the grantor in such deed.

8. There shall be a lien on real estate for the city taxes,
as assessed thereon, from the commencement of the year
from which they are 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 six per centum per annum. Such real estate
shall be sold, and may be redeemed in the manner pro-
vided by law.

9. 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 government
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 fot
the breach of such regulations; and may make such ordi:
nances as they may deem proper to extinguish and pre-
vent fires, to prevent property from being stolen, and tc
require citizens to render assistance to the fire department
in case of need.

10. All bonds, contracts, deeds, and other papers shal.
be executed by the mayor, by the direction of the council
and the seal of the city shall be affixed and attested by;
the clerk of the council.

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

12. Unless otherwise specially provided, the person
holding any of the offices provided for in this charte:
which have heretofore existed under the charter in fore
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,
dating the commencement of such term from the term
fixed in said former charter; and all ordinances and laws
in force immediately before the passage of this charter,
so far as consistent herewith, and all labilities, actions,
claims, contracts, and prosecutions arising thereunder
shall remain and continue as if this act had not been
passed.

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

14. In every case where this charter creates a new office,
and in case of any vacancy occurring by death, resigna-
tion, removal, or otherwise, in any office elective by the
people, the same shall be filled by appointment by the
council, which appointee shall hold said office until the
next general election therefor, unless otherwise herein
provided.

15. The term of officegf each and every member of the
police force of said city shall terminate ten days after the
passage of this act. |

16. The present council shall have power to appoint a
police justice, who shall hold office until the first day of
August, eighteen hundred and ninety-two.

17. The present mayor of said city shall have and exer-
cise all the powers, rights, and authorities herein provided
for from and after the passage of this act.

18. That the said city of Roanoke shall pay to the coun-
ty of Roanoke, in seven equal annual payments, the first
of which payments is to be made August first, eighteen
hundred and ninety-two, that proportion of seven thou-
sand dollars yet due from said county 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
Roanoke county, as ascertained by the assessment of eigh-
teen hundred and ninety.

19. All acts and parts of acts in conflict with this act
are hereby repealed.

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