Chap. 223.—An ACT to amend and re-enact the 35d section of the charter of the
city of Alexandria, approved February 20, 1871, as amended by an act approved
17th day of March, 18/6, and by an act approved March 20, 1877, and by an act
approved January 25, 1879, and by an act approved March 1, 1888, and by an
act approved February 25, 1892, and by an act approved March 8, 1804, and by an
act approved March 3, 1896, and by an act approved March 4, 189.

Approved February 7, 1898.

1. Be it enacted by the general assembly of Virginia, That section
thirty-three of an act entitled an act to amend the charter of the city of
Alexandria, approved February twenty, eighteen hundred and seventy-
one, as amended by an act approved March twenty-two, eighteen hun-
dred and seventy-one, and by an act approved seventeenth dav of
March, eighteen hundred and seventy-six, and by an act approved
Mareh twenty, elghteen hundred and se venty- seven, and by an act ap-
proved January twenty-fifth, eighteen hundred and seventy-nine, and
by an act approved March first, eighteen hundred and eighty-eight, and
by an act approved February twenty-fifth, eighteen hundred and ninety-
two, and by an act approved March eighth, cizhtee ny hundred and ninety-
four, and by an act approved March third, eighteen hundred and ninety-
six, and by an act approved March fourth, eighteen hundred and ninetv-
six, be amended and re-enacted so as to read as follows:

$35. That the city council is authorized and empowered to lay out,
establish, open, close, vacate, widen, extend, regulate, grade, pave.
eravel, macadamize, regrade and repave streets, lanes, avenues and
allevs in said city; to lmprove, repair, pave and repave sidewalks, pave-
ments and cutters; to set and reset curb; to cause sewers and drains to
be built, and publie squares and parks to be opened, regulated, orna-
mented and perfected in the manner hereinafter provided, and generally
to have such other improvements made in and about such streets,
avenues, lanes, alleys, parks and squares as the public wants and con-
Vellences may require,

That whenever the city council shall deem it expedient to lay out,
establish, open, widen, extend, regulate, grade, pave, gravel, macadam-
ize, regrade or repave any street, lane, AVENUC OF public alley in said
eitv, or to Improve, pave or repave any sidewalk, pavement or gutter,
or to have set or reset and put down any curbing, or to have any other
public improvement whatsoever made in said city, the said city council
may determine what portion, if any, of the expense thereof shall be
paid from the treasury of the city, and what portion thereof shall be
assessed upon the real estate, which, in the opinion of the city council,
shall be benefited thereby; but no such public improvement shall be
nade to be defraved in whole or in part by a local assessment until first
requested by a petition from the owners of the real estate to be affected
thereby, or unless a majority of the council shall concur in voting such
improvement to be expedient or in determining to make said improve-
ment, i which case no petition shall be necessary. If no petition
be filed the council, or the committee thereof to whom the matter shall be
referred, shall, before determining that such iniprovement shall be made,
in whole or in part, at the expense of the persons whose lands, in its
opinion will be thereby benetited, have such persons summoned, by :
least ten days’ notice, to appear before such council or committee to he
heard for or against such improvement. After such hearing, if the
council shall determine to have such improvement made, it may order
it tv be made, and after the work shall be completed it shall designate
some officer who shall, upon such principles as may be determined bv
ordinance or resolution of the council, apportion the total cost and ex-
pense of said improvement, and report the propurtionate amount thereof
it is proposed to assess against each parcel of land benefited thereby.
The report of such apportionment shall lie in the office of the city au-
ditor twenty davs, open to inspection by any person whose property it
is proposed to charge with any such assessment. Fifteen days’ notice
shall be given to each person interested of the existence of such_ re-
port in the manner provided by law for the service of notice, specifying
the amount it is intended shall be borne by a local assessment against
the land of such person, and said notice shall cite such person to ap-
pear, at a time and place designated, before a joint committee of both
branches of the city council to be appointed for that purpose, which
committee shall consist of not less than five members, and show cause
against the proposed assessment. Such apportionment shall stand as to
all persons not appearing and objecting thereto, and shall be a lien on the
land so charged, enforceable as are other city taxes against real estate there-
in. Any person objecting thereto shall appear in person or by attorney at
the time and place designated in said notice, and shall be heard at that
meeting or at some subsequent one. If the committee shall overrule
such objection, then the party shall have the right to appeal from the
decision of the committee within fifteen days from the date of such de-
cision to the corporation court of the city. The clerk of the council,
where an appeal is taken, shall immediately deliver to the clerk of the
corporation court the original notice with the judgement of the committee
endorsed thereon, and the clerk of said court shall docket the same.
Every such appeal shall be tried by the court, or the judge thereof, in a
summary way without pleadings in writing, and without a jury in term
time or in vacation, upon reasonable notice to the adverse party. <All
levral evidence produced by either party shall be heard, whether the
sme was produced or not before the committee from whose decision the
appeal is taken. The amount so ascertaiued as proper to be borne by
the appellant, shall be a hen on the land of such person, enforceable as
other city taxes against real estate therein. Whenever the city coun-
cil shall deem it advisable to establish, build or construct sewers in the
snid city, it shall have the power to do the same under the same provis-
ions and regulations, and in the same manner and by the same proceed-
ings, and shall have a like lien as hereinbefore specitied for
the improvements of streets. The city engineer shall examine
the sidewalks and gutters in the said city and monthly report to
the city council such sidewalks and gutters as need repairing, and
curbing as needs resetting, and the city council, by ordinance or joint
resolution, may require the owner or owners of the lots of ground in
front of which the said sidewalk or gutter needs repairing, or curbing
needs resetting, to have the same repaired, or curbing reset, within the
time specified in said joint resolution or ordinance, and if the said
owner or owners fail to have such sidewalk or gutter repaired, or curbing
reset, within the time prescribed by said ordinance or joint resolution,
the city engineer shall forthwith have the same done, and two-thirds of
the costs thereof, together with interest at six per centum per annum,
shall be a lien upon the said lot of ground from the time that there is
filed with the city auditor a statement made out by the city engineer
showing the cost thereof, which lien shall be a prior lien to all other
liens upon said property, except state taxes, and be enforceable as other
city taxes against real estate therein. And whenever it shall become
necessary for the public health or sanitary purposes to have graded,

paved or otherwise improved any alley or court within the corporate
limits, the right toawh hich jand use of and right of svayoxer which is for
the exclusive benefit of the owners of the real estate abutting thereon.
the said city council shall have power to require the owner or owners of
the real estate abutting upon any such alley or court to have the same
graded, paved or otherwise improved after ten days’ notice in the man-
ner provided by law for the service of notice, and if after such notice
the owner or owners of the real estate abutting upon any such alley
or court fail to have the said alley or court graded, paved or other-
wise Improved, as may be required by the city council, then the
said city council shall have the power to grade, pave or otherwise im-
prove the said alley or court, and after the work shall be completed
it shall desiznate some officer who shall, upon such principles as may
be determined by ordinance or resolution of the council, appor-
tion the total cost and expense of said improvement, and the cost
thus assesscd shall constitute a lien and a prior lien against the several
lots or parcels of ground abutting upon the alley or court, of all
other liens except state taxes; and the city council shall have the same
rights and remedies for the enforcement of the said lien as for other city
taxes against real estate therein, and the same proceedings shall be
had in such cases as in the cases hereinbefore provided for in this sec-
tion, and the hen shall take effect in the same manner as provided for
in this section in reference to the assessments for street improvements
therein named.

2. All acts or parts of acts inconsistent with this act are hereby re-
pealed. :

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