CHAP. 653.—An ACT to amend the charter of the city of Char-
lottesville,

Approved March 3, 1892.

1. Be it enacted by the general assembly of Virginia,
That sections thirteen, fourteen, and twenty-six of an act
to provide a new charter for the town of Charlottesville,
approved March twenty-eighth, eighteen hundred and
seventy-one; and sections four and thirty-seven of the
act amending said charter, approved March second, eigh-
teen hundred and eighty-eight; and section one of act ap-
proved April seventh, eighteen hundred and seventy-seven ;
and section twenty-three of act approved April fourth,
eighteen hundred and eighty-seven, amending said charter,
be amended and re-enacted so that said sections shall
hereafter be as follows:

§ 4. There shall be elected by the council of said city,
from among the qualified voters of said city, an overseer
of the poor, a street commissioner, and such officers and
clerks as they may deem proper and necessary, and any
one or more of said offices may be held and exercised by
the same person. The officers herein mentioned shall be
appointed or elected by the council within thirty days
after the qualification of a majority of the members there-
of, and shall exercise the duties of their respective offices
for the term for which members of the council have been
elected, unless sooner vacated by death, resignation, re-
moval, or for other cause.

§ 13. The council, so constituted, shall have power,
within said city, to lay off, open, curb, and pave streets,
alleys, walks, and gutters, for public use; and to alter,
improve, and light the same, and have them kept in good
order and free from obstructions on or over them; to regu-
late the width of sidewalks on the streets, and to order
the sidewalks, footways, and gutters to be curbed, graded,
paved, and kept in good order, free and clean by the owners
or occupants thereof; to lay off public grounds, and to
provide, contract for, and take care of all buildings neces-
sary for the use of the city; to establish and regulate
markets, to prescribe the time for holding the same, and
what articles shall be sold in such markets; to prevent
injury or annoyance to the public or individuals from any-
thing dangerous, offensive, or unwholesome; to protect
places of divine worship in and about the places where
held; to abate or cause to be abated anything which, in
the opinion of three-fourths of the council, shall be a nui-
sance; to regulate the keeping of gun powder or other com-
bustibles; to provide, in or near the city, places for the
burial of the dead, and to regulate interments in the city; to
provide for the building of houses or other structures, and
for the making of division fences, and for the draining of
lots by proper drains and ditches; to make regulations for
guarding against damage or danger from fires; tu provide for
the poor of the city, and appoint and publish the places of
holding the city elections; to provide a revenue for the city,
and approximate the same to its expenses; to provide the
annual assessment of taxable persons and property in the
city ; to establish rules for the transaction of business and
for the government and regulation of its own body; to pro-
mote the general welfare of the city, and to protect the prop-
erty of persons therein, and to preserve peace and good
order, keep a city police force; to require and take from
the city’s chief of police and treasurer bonds, with such
securities, and in such penalty, as the council may see fit,
which bonds shall be made payable to the city by its cor-
porate name, and conditioned for the faithful discharge of
their duties; to permit or prohibit the establishment of
new places for the interment of the dead in or near the
city, and to regulate the same; to erect or authorize, or
Prohibit, the erection of gas-works or water-works in or
near the city; to prevent injuries to the same; to prohibit
the pollution of the water which may be provided for the
use of the city; to establish and construct sewers or pub-
lic ducts for city purposes through the streets, lanes, squares
or commons, or wherever else they may deem expedient;
to pass all by-laws, rules and ordinances not repugnant to
the constitution and laws of the state, which it may deem
necessary for the good order and government of the city,
the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and
protection of its citizens or their property; and to do such
other things and pass such other laws as may be necessary
or proper to carry into full effect any power, authority,
capacity or jurisdiction which is or shall be granted to or
vested in said city, or in the council, court or officers
thereof, or which may be necessarily incident to a muni-
cipal corporation; and to enable the authorities of said
city more effectually to enforce the provisions of this sec-
tion, their jurisdiction is hereby declared to extend one
mile beyond its corporate limits. But whenever any new
street shall be opened, any existing street or sidewalk be
graded or paved, or any culvert or other public im-
provement be made, the city council may determine what
portion of the expenses thereof shall be paid by the city
and what portion by the owners of the real estate benefited
thereby, or may order that the whole expense be borne by
the owners of such real estate. The assessments made
against the owners of such real estate for such improve-
ments shall be a lien on said property, and may be col-
lected by the same officer and in the same manner as city
taxes and levies; but no such public improvements shall
be made, to be defrayed in whole or in part by a local as-
sessment, unless first requested by a petition signed by at
least a majority of the owners of property to be assessed
for such improvement, or unless, in ordering such improve-
ment, three-fourths of the whole council shall concur.

§ 14. To carry into effect the powers herein enumerated
and all other powers conferred upon said city and its coun-
cil by the laws of Virginia, said council shall have power
to make and pass all needful and proper orders, by-laws
and ordinances not contrary to the constitution and laws
of said state, and to prescribe and impose reasonable fines
or penalties or to impose imprisonments in the city jail
for a period not exceeding thirty days,’in cases of contempt
or to enforce the collection of fines; which fines, penalties
or imprisonments shal! be imposed, recovered or enforced
under the judgment of the mayor or any one of the alder-
men of said city. And the authorities of said city may,
with the consent of the county court of Albemarle county,
entered of record, use the jail of said county for any pur-
poses for which the use of a jail may be needed by then,
under the acts of the council or of the state of Virginia:
provided, however, that in all cases where a fine is imposed
by the mayor, any alderman, or by the council exceeding
ten dollars, the party or parties so fined shall have the
right of appeal to the hustings court of said city.

§ 23. The council of said town may negotiate any loan or
loans, for the purpose of improving tke streets, lighting
the same, buying necessary real estate, erecting public
buildings, supplying the town with water, sewerage, and
for other purposes; and shall have authority to issue regis-
tered and coupon bonds for the said loan or loans, payable
not more than forty years after the date of said bonds, un-
less such loan or loans be made for the purpose of supply-
ing the town with water, in which case the bonds may be
made payable not more than forty years after their date;
and said bonds shall bear interest at arate not greater
than eight per centum, payable semi-annually: provided
that two-thirds of the council of said town shal! approve
and authorize said loan or loans: and provided further,
that said loan or loans shall be sanctioned by three-fifths
of the qualified voters of said town voting upon the ques-
tion; which three-fifths shall include a majority of the
votes cast by those tax-payers of the town, at such election,
who pay a tax on real or personal property assessed at five
hundred dollars or upwards; and, also a majority of the
registered voters of said town, to be ascertained by a vote
taken and conducted in the manner authorized for any
election under the charter of the said town, after having
given notice thereof by publication for four weeks succes-
sively, in one or more of the newspapers published in the
said town. And at any election held under this section,
each ballot shall be endorsed with the name of the voter,
which shall be inspected by the officer or officers conduct-
ing the election at their respective voting places:
and provided further, that the council of said town
shall annually invest in Virginia state or United
States bonds, as a sinking fund, such proportion of the
revenue Of said town as shall be equal in cash value to one
twentieth of said loan or loans; or in case said loan or
loans be made for the purpose of supplying the town with
water, such proportion of such revenue as shall be equal
in cash value to one-fortieth of the loan or loans made
for that purpose; which sinking fund shall be used ex-
clusively for payment of the bonds issued for said Joan or
loans. Any bond issued under the provisions of this sec-
tion shall be regularly numbered, signed by the mayor,
clerk and treasurer, and recorded in a book to be kept for
that purpose.

§ 26. The mayor shall have power to suspend, and the
council shall have power to remove, all other city officers,
ACTS OF ASSEMBLY.

the chief of police and the policemen, whether they be
elected or appointed, for misconduct in office or neglect
of duty, to be specified in the order of suspension or re-
moval; but no such removal shall be made without a
reasonable notice to the officer complained of and an
opportunity afforded him to be heard in his defence. .

§ 37. There shall be elected by the qualified voters of the
city of Charlottesville on the fourth Thursday in May,
eighteen hundred and eighty-eight, one clerk of the corpo-
ration court, who shall hold his office for the term of six
years; one commonwealth’s attorney, one sergeant and one
commissioner of the revenue, who shall! hold their offices for
the term of two years; one city treasurer, une justice and one
constable, who shall hold their offices for the term of three
years. And there shall be established for the city of
Charlottesville a corporation court, to be held by the city
judge of said city at such times as may be designated by
law and for aterm not exceeding twenty days in each
month; and the jurisdiction of said court shall be such
as is now prescribed by law, and the salary of said judge
shall be fixed by the city council at a sum not exceeding
eight hundred dollars per annum; and the city of Char-
lottesville shall remain a part and parcel of the same
legislative and senatorial district to which it belonged as
the town of Charlottesville.

§ 38. That the corporate authorities of said city be, and
they are hereby, authorized and empowered to erect suita-
ble dams and reservoirs and to lay suitable pipes to sup-
ply said city with an adequate supply of water, and to
establish and construct a sewerage system for said city;
and for such purposes to acquire, either by purchase, or
by condemnation according to the provisions of the gen-
eral law for the condemnation of lands by incorporated
cities, such lands and so much thereof as may be neces-
sary for the aforesaid purposes.

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