Chap. 325.—An ACT to amend and re-enact sections 5 and 20 of an act enti-
tled an act to incorporate the town of Berkley, in the county of Norfolk,
approved March 3, 1890.

Approved February 12, 1896.

1. Be it enacted by the general assembly of Virginia, That sections
five and twenty of an act entitled an act to incorporate the town of
Berkley, approved March third, eighteen hundred and ninety, be
amended and re-enacted so that said sections shall hereafter be as

ollows:

§ 5. The said council shall have power to pass all by-laws and
ordinances for the proper government of said town not in conflict
with the constitution and laws of this state or the constitution and
laws of the United States, and in addition thereto they shal] have
power to make such special ordinances, by-laws, orders and regula-
tions to carry out the following powers: First, to close, extend,
widen, narrow, lay out, grade, improve and otherwise alter the streets
and public highways in said town and have them properly lighted
and kept in good order, and to make and construct sewers and ducts
through the streets or public highways and grounds of the town, and
to prevent or remove any structure, obstruction or encroachments
over or under or in a street or alley or any sidewalk thereof; second,
to require real estate owners in the improved and unimproved
sections of the town to bear an equitable proportion of the expense
of constructing suitable sidewalks in front of such property, and
to levy annually such taxes as it may deem necessary for the pur-
poses of said town, which shall not exceed seventy-five cents on the
one hundred dollars’ valuation of property as per state assessment.

§ 20. The council of said town shall have power to borrow money
for the purpose of permanent improvements of said town by the
issue and sale of bonds of said town: provided the aggregate amount
so borrowed shall not exceed the sum of fifty thousand dollars. Said
bonds shall be registered, shall state the purposes for which they are
issued, shall be issued in such denominations as the council may
prescribe, and shall bear interest not to exceed six per centum per
annum, and shall be exempt from all town taxation. The said
bonds shall be made payable not later than thirty years from date,
and may be made redeemable at any time after fifteen years from
date. Said bonds shall be signed by the president of the council of
said town and countersigned by the recorder, under the corporate
seal of said town, and shall be sold and negotiated in such manner
as the said council may prescribe: provided that said bonds shall
not be sold for less than their par value. The council shall provide
for the payment of the accruing interest on said bonds by setting
aside a sufficient amount from the levy provided for in section five.
The internal improvements to be made in said town shall be under
the general control and management of an improvement board,
which shall consist of three electors, who shall be freeholders of
said town. They shall be elected by the council bi-ennially for the
term of two years. The members of the first board shall be elected
prior to the first day of June, eighteen hundred and ninety-six, and
their term shall begin on the first day of June, eighteen hundred and
ninety-six, and shall continue for two years, and until their success-
ors are elected and qualified. They shall qualify as other officers,
and shall give such bonds as the council may determine. They shall
select from among themselves a chairman, who shal! be the business
manager of the board, and shall receive such compensation for his
services as the council may determine upon. Said board shall man-
age the affairs and business pertaining to all internal improve-
ments, subject to the approval of the couucil, employ labor, receive
proposals and award contracts, and enforce such rules and regula-
tions as they may adopt or as may be prescibed by law or the ordi-
nances of the town. The said board shall not be members of the
council, and are prohibited from being interested in any way with
the contracts which may be made.
2. This act shall be in force from its passage.