Chap. 493.—An ACT to amend and re-enact sections 5, 12, 18 and 20 of an act
entitled an act to incorporate the town of Berkley in the county of Norfolk,
approved March 38, 1890, and as amended and re-enacted by an act approved
February 12, 1896.

Approved February 24, 1898.

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

$5. The said council shall have power to pass all by-laws and ordi-
nances 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 shall have power to make such
special ordinancea, by-laws, orders and regulations to carry out the fol-
lowing 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, obstruc-
tion or encroachments over or under or in a street or alley or any side-
walk 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 pro-
verty, to levy annually such taxes as it may deem necessary for the
yurposes of suid town, which shall not exceed one dollar on the one
sundred dollars’ valuation of property as per state assessment; also to
provide for the appointment and organization of a board of health for
said town, with the authority necessary for the prompt and eflicient
performance of its duties. To provide, in or near the town, lands to
be appropriated, improved and kept in order, as places for the inter-
ment of the dead, with power to charge for the use of grounds in said
places of interment, and to regulate the same. ‘To prevent the burial
of dead in the town, except in the public burial grounds, and to
regulate burials in said grounds; to require the keeping and return
of bills of mortality by the keepers or owners of all cemeteries. To
require and compel the abatement and removal of all nuisances within
said town at the expense of the person or persons causing the same, or the
owner or owners of the grouud whereon the same shall be; to prevent or
reculate slaughter-houses and soap and candle factories within said town,
or the exercise of any dangerous, offensive or unhealthy business, trade or
employment therein. If any ground in the said town shall be subject to
be covered by stagnant water, or if the owner or owners, occupier 01
occupiers thereof shall permit any offensive or unwholesome sub-
stances to remain or accumulate therein, the council may causc such
ground to be filled up, 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 occupiers, or any
of them, by distress or sale in the same manner in which taxes levied
upon real estate, for the benefit of said town, are authorized to be col.
lected: provided, that reasonable notice shall be first given to the saic
owners or agents. In case of non-resident owners, who have no agen
in said town, such notice may be given by publication, for not les:
than two weeks, in any newspaper printed in said town.

§ 12. The first election of councilmen under this charter after the pas:
sage of this amendment shall be held on the fourth Thursday in May
nineteen hundred, and a similar election shall be held every second yea
thereafter.

$18. The terms of councilmen elected under this charter shall com
mence on the first day of July next succeeding their election. Th
terms of officers elected by the council shall commence immediate];
upon their election and qualification, and extend for the term of tw:
years and until their successors are elected and qualified. The counci
shall have power to fill by election vacancies occurring in any office, an
such election shall be for the unexpired term.

§ 20. The council of said town shall have power to borrow money fo
the purpose of improvement of said town by the issueand sale of bond
of said town: provided, the aggregate amount so borrowed shall not ex
ceed the sum of one hundred thousand dollars. Said bonds shall b
registered or coupon bonds, shall state the purposes for which they ar
issued, shall be issued in such denominations as the council may pre
scribe, and shall bear interest not to exceed six per centum per annum
and shall be exempt from all town taxation. The said bonds shall b
made payable not later than thirty years from their date, and may b
made redeemable at any time after fifteen years from their date. Sai
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, and may provide a sinking fund for the re-
demption of the principal of said bonds.

The internal improvements to be made in said town shall be under the
general control and management of an improvement brard, who shall
consist of three electors, who shall be freeholders of said town. They
shall be elected by the council biennially 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 successors are elected and qualified. They
shall qualify as other oflicers, and shall givee such bonds as the council
may determine. They shall select from among themselves a chairman,
who shall be the business manager of the board, and shall receive such
compensation for his services as the council may determine upon. Said
board shall manage the affairs and business pertaining to all internal
improvements, subject to the approval of the council, employ labor, re-
ceive proposals and award contracts, and enforce such rules and regula-
tions as they may adopt, or as may be provided by law or the ordinances
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.