Chap. 1012.—An ACT to provide a new charter for the city of Charlottesville,
and to repeal all acts inconsistent therewith.

Approved March 3, 1900.

1. Be it enacted by the general assembly of Virginia, That so much
of the land as lies and is contained within the following boundaries,
becinning at the entrance to the Brennan estate from the Monticello
road (the gate nearest to town); thence north forty-eight, east one hun-
dred and six poles, crossing the Chesapeake and Ohio railway, to corner
of the vard belonging to (the farm) late Thomas LL. Farish’s estate, on
the road to the Woollen Mills; thence with said yard fence, north thirty-
three and one-half, east fifty -eight and one-half poles; thence north
twenty-one, west one hundred and sev enty-six and a half poles, to the
northeast corner of B. C. Flannagan’s dwelling-house; thence north
seventy-two and one-half, west one hundred and fourteen poles, to the
south bank of the Virginia Midland railway; thence along said southern
hank, south forty-eight and one-half, west one hundred poles, and south
fifty-eight and one-half, west thirty- five poles to the south side of
Preston avenue; thence along the south side of said avenue, north forty-
seven. and one- -half, west thirty- seven poles, to the southeast corner of
John M. White’s lot; thence leaving the road or avenue, south cighty-
seven and one-half, west thirty-seven and four-tenths poles, to the south-
east corner of Jesse Seay’s lot; thence north eighty-two and one-half, west
one hundred and forty- eight poles, to the southeast corner of Mistress
Turner's slaughter-house; thence north sixty-nine and one-half, west
thirty-four poles, to the lane leading to the said Mistress Turner’s house;
thence with said lane, south twenty-six, west thirty poles, to the Chesa-
peake and Ohio railway; thence east with said railway to the crossing of
the University avenue; thence leaving the railway, south thirteen and
one-fourth, west one hundred and eighteen poles, crossing the Virginia
midland railway, to a corner in line with the Fife lots; thence south
cighty-seven and one-half, east thirty-six poles, to the southern line of
said lots, and along the same sixty-eight and one-half poles to thie
southwest corner of Thomas B. Bunch’s lot, at the head of R. H. Fife’s
ice-pond; thence south forty-three and one-half, east thirty-seven poles,
to the corner in branch below said ice-pond; thence south twenty-four
and three-fourths, east one hundred and twenty-seven and one-half
poles, to the southwest corner of James S. Barksdale’s lot on the road
to Hartman’s mill; thence along the northern margin of said road,
south sixty-one and three-fourths, east twenty-three and one-half poles,
to the southeast corner of said Barksdale’s garden; thence south eighty-
one, east seventy-five poles, to Pollock’s branch; thence with said branch
as far as its several courses will admit, north forty-two and a half, east
eighty-five poles, north seventy-four and one-half, east twenty poles,
and north forty-five and one-half, east eight poles, to a point on said
branch west of J. L. Hay’s house; thence south sixty-nine and one-half,
east one hundred and eleven and one-half poles, crossing the Scotts-
ville road (and including the said Hay’s house), to the place of begin-
ning, shall be, and is hereby, made the city of Charlottesville; and the
inhabitants of the city of Charlottesville, 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 denomi-
nation of the city of Charlottesville, and as such shall have all the
rights, immunities, powers, and privileges, and be subject to all the
duties and obligations now incumbent and pertaining to said city as a
municipal corporation; and by that name may sue and be sued, and be
subject to all of the provisions of the code of Virginia, except so far as
may be herein otherwise provided.

2. The municipal authorities of the said city shall consist of a mayor,
twelve aldermen, a clerk of the corporation court, a commonwealth's
attorney, a treasurer, a sergeant, a commissioner of the revenue, a jus-
tice of the peace, and a constable, who shall be elected as hereinafter
provided. The above officers incumbent at the time of the passage of
this act shall remain in office for the period for which they were elected.
That is to say, the mayor, the clerk of the corporation court, the com-
monwealth’s attorney, the treasurer, the sergeant, the commissioner of
the revenue, the justice of the peace, and the constable, until June
thirtieth, nineteen hundred. The twelve aldermen, present incumbents,
shall hold office until June thirtieth, nineteen hundred and one, and
their successors to be elected on the fourth Thursday of May, nineteen
hundred and one, and on the fourth Thursday in May in every second
year thereafter; three aldermen shall be elected from each ward in the
said city of Charlottesville. All persons who are qualified voters of the
city of Charlottesville shall be eligible to any of the said offices. The
terms of office of all of said officers shall begin on the first day of July
next after their election.

3. The mavor and aldermen shall constitute the council of said city,
and all the corporate powers of said city shall be exercised by said coun-
cil or under its authority, except when otherwise provided.

4. There shall be elected by the council of said city, from among the
qualified voters of said citv, an overseer of the poor, a street commis-
sioner, and such officers and clerks as they may deem proper and neces-
sary, 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 davs after their term of office be-
gins, and shall exercise the duties of their respective oftices for the term
for which members of the council have been elected, unless sooner
vacated by death, resignation, removal, or for other cause. There shall
also be appointed by the council of the said city, at their first regular
meeting in June, nineteen hundred, from the qualified voters of said
city, a police Justice, who shall hold his oflice for the term of two years
from July first, nineteen hundred, and his successor to be elected by the
council of said city of Charlottesville at their first regular meeting in
June every two years thereafter: and further provided, that no office,
or offices, not specially provided for in this charter shall be created
except by a vote of two-thirds of the members of the council in regular
meeting assembled.

5. The election of mavor, aldermen, and all other officers clected by
the people, and the registration of voters of the said city of Charlottes-
ville, shall be held and conducted in the manner prescribed by the laws
of Virginia, then existing, and the present oflicers of said city are con-
tinued in office until replaced by due process of law.

6. The mayor, aldermen, and other oflicers elected by the people shall
each, before entering upon the duties of their offices, take the oaths
prescribed for all other officers, hy the laws of Virginia, and qualify
hefore the corporation court of the said city, or the judge thereof in
vacation; but if any or either of them shall fail to do so for ten days
after the commencement of the term for which he or they were elected,
his or their office shall be deemed vacant.

7%. Whenever from any cause a vacancy shall occur in the office of
mayor or alderman, the same shall be filled by the council at its next
regular meeting, from its own body or from the qualified electors of said
citv. and the officer thus elected shall hold his office for the term for
which the members of the council have been elected, unless sooner
vacated by death, resignation, removal, or for other cause: provided, that
in case of an alderman, he shall be taken from the ward in which he is
a voter. An entry of said election shall be made in the record hook of
the council. If the mavor of said city shall remove from the city limits,
or an alderman shall remove from the ward which he represents, such
removal shall operate to vacate his office.

8. The mayor, when present, shall preside over the mectings of the
council, and in his absence, the president of the council (who shall be
elected by the council at its first annual meeting in July of each year)
shall preside, and in the absence of both the council shall choose its
presiding officer from its body for that meeting.

9. Seven aldermen shall constitute a quorum for the transaction of
business at any meeting of the council.

10. The mayor shall “have no vote in the council, except in case of a
tie, when he shall give the casting vote.

11. The council shall cause to be kept in a journal an accurate record
of all its proceedings, by-laws, acts, and orders, which shall be properly
indexed and open to the inspection of anv one who is entitled to vote
for members of the council.
12. At each regular meeting of the council the proceedings of the last
regular meeting and all intervening called meetings shall be read to the
council, and shall thereupon be corrected, if erroneous, and signed by
the person presiding for the time being. Upon the call of any member
the ayes and noes shall be recorded in the journal.

13. The council so constituted, shall have power, within said citvy—

To lay off, open, curb, and pave streets, alleys, walks, gutters, for public
use; and to alter, improve, and light the same, and have them kept in
good order and free from obstruction on and over them; to regulate 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, [ree
and clean by the owners or occupants thereof;

To lay off public grounds, and to provide, contract for, and take care
of all buildings necessary 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
anything 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 two-
thirds of the council, shall be a nuisance;

‘To regulate the keeping of gunpowder or other combustibles;

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;

To 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 assessments of taxable persons and property
in the city:

To establish rules for the transaction of business and for the govern-
ment and regulation of its own hody:

To promote the general welfare of the city, and to protect the property
of persons therem, and to preserve peace and good order, keep a city
police force;

To require and take from the city’s chief of police, treasurer, auditor,
commissioner of the revenue, and all other bonded officers bonds, with
security, and in such penalty as the council may see fit, which said
bonds shall be made pavable to the citv by its corporate name, and
conditioned for the faithful discharge of their duties, and said honds
shall he filed with the clerk of the corporation court, and it shall be the
dutv of the couneil to require and take such bonds;

To permit or prohibit the establishment of new places for the inter-
ment of the dead in or near the city. and to regulate the same:

To erect or authorize or prohibit the erection of gas-works, water-
works, or electric-light works in or near the city, and to regulate the
same;
To prohibit the pollution of water which may be provided for the use
of the city;

To establish and construct sewers or public ducts for city purposes
through the streets, lanes, syuares, or commons, or wherever else they
mav deem expedient;

To pass all by-laws, rules, and ordinances not repugnant to the con-
stitution 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 shal] be granted to or vested in said citv, or in the council,
court, or officers thereof, or which mav be necessarily ineident to a
municipal corporation; and to enable the authorities of said city more
effectually to enforce the provisions of this section, their jurisdictions
is hereby declared to extend one mile bevond its corporate limits.

14. Whenever a new sidewalk shall be ordered to be made by the
council, the city shall cause the curb to be put down, and the property
along the boundary of which said sidewalk shall extend, shall be charged
with a proportion of the cost of said curbing and sidewalk, not exceed-
ing one-half. The property owners of the city shall be required to
repair the sidewalks in front of their property, and if they fail to do so
the city shall proceed at once to repair all sidewalks and charge the
same to the respective property owners and their property: provided,
that the council shall have authority to designate what repairs shall be
made in each case, and shall notify property owners accordingly: and
provided further, that before property in any case is charged with
expense under this section, said property owner or owners must be
notified that at a time and place designated in the notice that applica-
tion will be made to the corporation court of Charlottesville or to the
judge thereof in vacation, for the approval of such action as may be
contemplated, and, on the hearing of such application, said property
owners may appear and resist the same. Said notice shall be ordered by
the council; it shall be addressed to the property owners concerned, and
it shall be signed by the mavor of the city. It shall be sufficiently
served, if published once a weck for four successive wecks in some
newspaper published in the city of Charlottesville, or it may be served
directly on the property owners to be affected in the manner in which
notices are required to he served by sections thirty-two hundred and
seven and thirty-two hundred and eight of the code of Virginia of
eighteen hundred and eightv-seven. The order of the said court or of
the judge thereof in vacation shall determine what action shall he
taken in the premises.

15. To carry into effect the powers hercin enumerated and all other
powers conferred upon said city and its council by the laws of Virginia.
said council shall have power to make and pass al] 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 and
penalties, including imprisonment in the city jail for a neriod not
exceeding six months, and for the enforcement of the collections of
fines to impose imprisonment in the city jail for a period not exceeding
ninety days, which fines, penalties, or imprisonment shall be imposed, re-
covered, and enforced by and under the mayor until the first day of July,
nineteen hundred, and by the police justice after the first day of July,
nineteen hundred, or by any one of the aldermen of said city. And
the authorities of said city may, in accordance with the contract between
the council of said city and the county of Albemarle, continue to usc
the jail of said county for any purpose for which the use of a jail may
be needed by them, under the acts of the council or of the state of Vir-
ginia: provided, however, that in all cases where a fine or imprisonment
is imposed by the mayor, police justice, any alderman, or by the council,
the party or parties so fined or imprisoned shall have the right of appeal
to the corporation court of said city. All fines imposed for the viola-
tion of the city charter, by-laws or ordinances shall be paid into the
city treasury.

16. The mayor, each one of the aldermen, and the police justice of
said city, for the time being, are declared to be, and are hereby, con-
stituted conservators of the peace within said city and within one mile
from the corporate limits thereof, and shall have all the powers and
authority in civil as well as in criminal cases as justices of the peace.
And the chief of police and the policemen of the city shall also be
conservators of the peace within the limits aforesaid, and all proper
arrests may be made and warrants of arrest executed ‘by such chief of
police and policemen.

17. The council shall cause to be made up, annually, and entered
upon its journal an accurate estimate of all sums of money which are
or may become lawfully chargeable on said city, and which ought to be
paid in one year; and said council shall order a city levy of so much
money as in its discretion shall be sufficient to meet all just demands
against the corporation.

18. The levy so made may be laid on all male persons who are
residents of said city over twenty-one years of age; upon dogs, and
upon all personal and real estate within said city, except such persons.
personal and real estate as are exempt from taxation under the laws of
this state, and also upon all other such subjects within said city as mav
at the time be assessed with state taxes: provided, however, that the
tax on real estate and personal property, including choses in action, shall
not exceed in anv one year one dollar and twelve and one-half cents
on every hundred dollars’ value thereof: and provided also, that lands
while used for agricultural or grazing purposes included in this charter,
at the time they are taxed, shall be assessed for incorporation purposes
at the same rates that the same lands would be assessed for county pur-
poses if outside of the corporation limits: and provided, moreover, that
the tax on income shall not exceed the rate of taxation on the same as
fixed by the laws of this state at the time of said levy. But nothing
contained in this section, as hereby amended, shall limit or restrict
the power of the city council to levy such additional taxation as thev
mav deem necessary for the use and benefit of the city: provided, such
additional taxation shall be authorized and sanctioned by a vote of the
qualified voters of said city in the mode and manner prescribed in
section twentv-four of this charter.
19. In all cases in which the laws of the state require a license to he
taken out by any person engaged in the pursuit of any business, trade.
occupation, or calling, or for any other purpose, the said council shal
have power to require a license to be taken out in all such cases for
the benefit of said city before such person shall be permitted to pursi
such business, trade, occupation, or calling within the corporate limits
of said city, or within one mile from said limits. Said council may alsc
grant or refuse license to owners or keepers of wagons, drays, carts,
hacks, and other wheeled carriages kept or employed in said city fo1
hire or as carriers for the public, and may require the owners of such
wagons, drays, carts, and so forth, using them in the city to take out 6
license therefor, and require taxes to be paid thereon and subject the
same to such regulations as they may deem proper.

20. The revenue from these and other sources shall be collected, paid
over, and accounted for at such times, and to such persons as the council
shall order. The city treasurer shall be the custodian of all the funds of
the city.

21. The council shall require the treasurer of the said corporation to
make out a quarterly report of the receipts and expenditures, together
with a balance sheet, of said citv for the preceding quarter, which
report shall state on what account the expenditures were made, and from
what source or sources the receipts were derived, which report, when
approved by the council, or in such manner as the council may direct,
shall be published in one or more newspapers of the city on or before
the fifteenth day of October, January, April, and July of each year.

22. The council of the said city of Charlottesville is hereby author-
ized to make and issue the registered or coupon bonds of said corpora-
tion, payable not exceeding forty years after their date, bearing interest
at not more than five per centum per annum, payable semi-annually;
said bonds to be used exclusively in paying off and discharging the
principal and interest of the present bonded debt of the corporation of
Charlottesville. But said council shall not be authorized to dispose of
such bonds at less than par value. Said registered and coupon bonds
shall be regularly numbered, signed by the mayor, clerk, and treasurer
of the city, and recorded in a hook kept for that purpose.

23. The council of the city of Charlottesville shall, annually, invest in
Virginia state or United States bonds, as a sinking fund, such propor-
tion of its annual revenue as shall be equivalent in cash value to at
least one-fortieth of the bonded debt of said city, out of which to pav, as
they fall due, the bonds of the town or city of Charlottesville: provided,
nevertheless, that the said council may instead of investing its revenue
in Virginia or United States bonds, use said revenue which is to he
annually invested in said bonds in paying off and discharging the
principal of any of the bonds of the said town or city of Charlottesville.

24. The council of said city may negotiate any loan or loans, for the
purpose of improving the strects, lighting the same, buying necessary
real estate, erecting public buildings, supplying the city with water,
sewerage, and for other purposes; and shall have authority to issue
registered and coupon bonds for the said loan or loans, pavable not more
than forty years after the date of said bonds, and said honds shall bear
interest at a rate not greater than five per centum, payable semi-
annually, provided that two-thirds of the council of said city shall
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 city voting upon the question; which three-fifths shall
include a majority of the votes cast by those tax-payers of the city, at
such election, who pay a tax on real or personal property assessed at
five hundred dollars or upward; and also a majority of the registered
voters of said city, to be ascertained by a vote taken and conducted
in the manner authorized for any election under the charter of the said
city, after having given notice thereof by publication for four weeks
successively, in one or more of the newspapers published in the said
city. 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 conducting the election at their respective voting
places: and provided further, that the council of said city shall annually
invest in Virginia state, United States, or of the city of Charlottesville
bonds as a sinking fund, such proportions of the revenue of said city
as shall be equal in cash value to one-fortieth of said loan or loans;
which sinking fund shall be used exclusively for payment of the bonds
issued for said loan or loans. Anv bond issued under the provisions of
this section shall be regularly numbered, signed by the mayor, clerk, and
treasurer, and recorded in a book to be kept for that purpose.

25. The city sergeant shall attend the terms of the corporation court
of said city, and shall act as the officer thereof; the said sergeant may.
with the approval of the said court, appoint one or more deputies, who
may be removed from office by the sergeant or the said court, and may
discharge any of the duties of the office of sergeant, but the sergeant
and his surcties shall be hable therefor.

26. The officers of said city elected or appointed by the council shall,
during the time they are in office, have all the power and authority of
like officers in the state under its general laws, unless the same he
abridged or restricted by the council.

27. The mayor shall have power to suspend, and the council shall
have power to remove all city officers appointed by the mayor or council,
including the chief of police and the policemen, 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 a reasonable
notice to the officer complained of and an opportunity afforded him to
be heard in his defense.

28. The council may order and require real estate in the city delin-
quent for non-payment of city taxes to be sold by the sergeant at public
auction for the arrears, with interest thereon, and with such additional
per centum as the council may preseribe for charges, and the surplus
shall he paid to the owner; and they may prescribe and regulate
the manner, and the terms on which the said delinquent real estate
shall he sold and redeemed: provided, a list of said delinquent lands,
with the average of tax thereon, shall be published for at least four
weeks In some newspaper published in the citv, and posted at the
front door of the court-house of the citv: provided further, that sueh
lien and sale shall he subject to the lien of the state and the eity for all
Other taxes and levies due on such property.
29. The mayor, with the concurrence of the council, or the council
or the mayor, when the council cannot be convened, may prohibit any
theatrical or other performance, show or exhibition within said city or a
mile of its corporate limits, which may be deemed injurious to the morals
or good order of the city or the people of Albemarle county.

30. The mayor shall be the chief executive officer of the city; he
shall take care that the by-laws, ordinances, acts, and resolutions of
the council are faithfully executed. He shall see that the duties of the
various officers are faithfully performed. Ife shall have power to in-
vestigate their acts, and have access to all books and documents in their
offices relating to the city, and may examine them and their subordinates
on oath; he shall be ex-officio a conservator of the peace within the
city and within a mile of the corporate limits, and shall, within the
same, and until first day of July, nineteen hundred, exercise all the
powers vested in a justice of the peace for the city; he shall have control
of the police of the city, and may appoint special police officers when he
deems it necessary. He shall, from time to time, recommend to the
council such measures as he may deem needful for the welfare of the
city. Jn case of the absence or inability of the mayor, the president
of the council, or, in his absence or inability, some other member desig-
nated bv the council, shall act as mayor and possess the same powers
and discharge the same duties as are possessed and discharged by the
mavor, when actually on duty. In case a vacancy shall occur in the
office of mayor, the president of the council shall discharge the duties
of the oflice until the next regular meeting of the council, at which time
the vacancy shall be filled by the council. The mayor shall receive a
compensation for his services, to be fixed by the council, which shall
not be increased or diminished for the term for which he shall have
been elected, but said compensation shall be not less than four hundred
dollars per annum, or more than six hundred dollars per annum.

31. The police justice shall have and possess all the jurisdiction and
exercise all the powers and authority in all criminal cases of a justice of
the peace for said city, and his jurisdiction shall extend to within one
mile of the corporate limits of the city; but he shall receive no fees for
services as such police justice, but all such fees shall be covered into the
city treasury. He shall also have jurisdiction of and try all violations
of the city ordinances, and inflict such punishment as may be prescribed
for a violation of the same. He shall have authority to issue his war-
ant for the arrest of any person or persons violating any of the ordi-
nances, acts or resolutions of said city; it shall he his duty especially to
see that peace and good order are preserved, and that persons and
property are protected in the city; he shall have power to issue execu-
tions for all fines and costs imposed hy him, or he may require the
immediate payment thereof, and in default of such payment he may
commit the party in default to the city jail until the fine and costs he
paid, for a period, however, not exceeding ninety days. Te shall hold
his court daily except Sundays at the place prescribed by the council,
and if from any cause, he shall be unable to act, he shall appoint any
other justice of the peace, or any one of the aldermen of said city, to
discharge the duties of the police justice prescribed herein during such
inability, and who shall be paid for such services by the police justice
at the same rate per diem as such police justice receives. The police
justice shall keep a regular account of all fines, forfeitures, fees, and
costs imposed, arising or collected in the administration of his office,
which he shall report monthly to the city treasurer. The chief of police
shall collect such fines, forfeitures, fees, and costs, keep an account
thereof, and pay the same monthly into the city treasury, except that all
fines collected for offenses committed against the state shall go to the
literary fund, as provided by law. The police justice of said city shall
be removed, as hereinbefore provided, by the city council upon proof
of malfeasance or misfeasance in office. The police justice shall receive
a compensation for his services, to be fixed by the council, which shall
not be increased or decreased during the term for which he is elected,
but said compensation shall be not less than four hundred dollars per
annum or more than six hundred dollars per annum. The payments of
fees heretofore made for issuing and trying warrants in the mayor’s
court are hereby validated, and the council of the city of Charlottesville
are authorized to pay the same fees as have heretofore been paid for
Issuing and trving such warrants from January first, nineteen hun-
dred, until July first, nineteen hundred.

82. The council shall fix by ordinance the time for holding its stated
meetings, and no business shall be transacted at a special meeting except
that for which it shall have been called, and every call for a special
meeting shall specify the object thereof; and at no regular or called
meeting of the council shall any franchise be granted or amended until
notice of the application to be made therefor shall have been published
once a week for two successive weeks in some newspaper published in
the city before the time of the meeting at which the same is to be
applied for; and no franchise or amendment thereto shall be granted
except by a two-thirds vote of the members elect of the council; and
all such parties applying for franchises or amendments to franchises,
already granted, must pay the requisite publishing charges.

33. All moneys belonging to the said city shall be paid over to the
treasurer, and no money shall be by him paid out except as the same
shall have heen appropriated and ordered to be paid by the council;
and the said treasurer shal! also pay the same upon warrant approved in
such manner as mav be prescribed by ordinance of the council.

38+. If the said treasurer shall fail to account for and pay over all
or any moneys that shall come into his hands when thereto required
by the council, it shall be lawful for the council, in the corporate name
of the citv. by motion before any court of record having jurisdiction in
the citv of Charlottesville, to recover from the treasurer and his sureties,
or their personal representatives, any sum that may be due from said
treasurer to said city on ten days’ notice.

35. All fines imposed for anv violation of any city ordinance or state
Jaw shall be collected by the chief of police; and if the said chief of
police shall fail to collect, account for, and pay over all the fines in his
hands for collection, it shall be lawful for the council to recover the
same, so far as the same are aecruing to the city, by motion, in the
corporate name of the city, before the corporation court of said city,
against the said chief of police, his sureties on his said bond, or anv

or either of them, lis or their executors or administrators, on giving
ten days’ notice of the same.
36. The council shall have power to make such ordinances, by-laws,
orders, and regulations as they may deem necessary to prevent hogs,
dogs, and other animals from running at large in the limits of the
city, and may subject the owners thereof to such fines, regulations, and
taxes as the council may deem proper, and may sell said animals at
public auction to enforce the payment of said fines and taxes; and may
order such dogs, as to which taxes are in default, to be killed by a police-
man or constable.

37. The council shall not take or use any private property for streets
or other public purposes without making to the owner or owners thereof
just compensation for the same; but in all cases where the said corpora-
tion cannot, by agreement, obtain title to the land or other property
necessary for such purposes, it shall be lawful for said corporation to
apply to and obtain from either the corporation court of the city of
Charlottesville or the circuit or county court of Albemarle county,
according to jurisdiction over the subject matter, for authority to con-
demn the same, which shall be applied for and proceeded with aecording
to law.

38. All the rights, privileges, and properties of the city of Charlottes-
ville, heretofore acquired and possessed, owned and enjoyed by any act
now in force, not in conflict with this act, shall continue undiminished
and remain vested in said city under this act; and all laws, ordinances.
and resolutions of the corporation of Charlottesville now in force, anc
not inconsistent with this act, shall be and continue in full force ane
effect in the city of Charlottesville, until regularly repealed by a counci.
elected as provided under this charter.

39. There shall be elected by the qualified voters of the city of Char.
lottesville on the fourth Thursday in May, nineteen hundred, a mayor
a commonwealth’s attorney, a sergeant, a justice of the peace, and :
constable for said city, who shall hold office for the term of two vear:
from July first, nineteen hundred, and their successors to be electe
on the fourth Thursday in May every two years thereafter; one treasurer
who shall be elected on the fourth Thursday in May, nineteen hundred
who is to hold office for the term of three years from July first, ninetee)
hundred, and his successor to be elected on the fourth Thursday 11
May every three years thereafter; one commissioner of the revenue, whi
shall be elected on the fourth Thursday in May, nineteen hundred
and to hold office for a term of four years from July first, ninetee
hundred, and his successor to be elected on the fourth Thursday 1
May every four years thereafter; one clerk of the corporation court, wh
shall be elected on the fourth Thursday in May, nineteen hundre
and who shall hold his office for the term of six years from Jul
first, nineteen hundred, and his successor to be elected on th
fourth Thursday in May every six years thereafter; and ther
shall be elected from and by the qualified voters of the city of Charlotte:
ville on the fourth Thursday in May, nineteen hundred and one, thre
aldermen from each ward, who shall be qualified voters in the wards fe
which they are elected, and who shall hold their respective offices fe
the term of two years from the first day in July, nineteen hundred an
one, and their successors are to be elected on the fourth Thursday i
May, every two years thereafter. And there shall be established for th
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 the jurisdic-
tion 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 Charlottes-
ville shall remain a part and parcel of the same legislative and senatorial
district to which it belonged as the town of Charlottesville. Each of the
said officers shall continue to discharge the duties of his office until his
successor 1s qualified.

40. That the corporate authorities of said city be, and they are
hereby, authonzed and empowered to erect suitable dams and reservoirs,
and to lay suitable pipes to supply 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 condemna-
tion, according to the provisions of the general law for the condemna-
tion of lands by incorporated cities, such lands and so much thereof as
may be necessary for the aforesaid purposes.

All elections under this charter shall conform to the general law
of the state in regard to elections by the people.

42. The property now belonging to the county of Albemarle within
the limits of the city of Charlottesville, shall be within and subject
to the joint jurisdiction of the county and city authorities and officers,
and shall not be subject to taxation by the authorities of either county
or city; and if the county and city aforesaid cannot agree upon the
term of joint occupancy and use of such property in regard to which
settlements may not have already been affected, the right of said city
to such joint occupancy and use being hereby recognized, then the board
of arbitration herein provided for, shall determine the terms of such
joint occupancy and use, and said ‘board of arbitration shall determine
what rights, if any, the city aforesaid has in all other county property;
but this is subject to the recognition of the right of the city as well as
the county (through the district school board or otherwise) in the school
property in the Charlottesville school district; and nothing herein con-
tained shall affect the rights of the inhabitants of said city to participate
in the benefits of the Miller manual labor school in the Samuel Miller
district, in said county.

43. The right of the county, if any, to have the paupers now at the
county poorhouse, who were sent from the territory recently added to
the corporation of Charlottesville, transferred to the city poorhouse
or their maintenance at the county poorhouse provided for by the city,
shall be determined by the board of arbitrators herein provided for.

A board of arbitrators composed of three members, one to he
selected by the board of supervisors of Albemarle county, one by the
city council of Charlottesville. and they to choose a third, is hereby
established, whose duty it shall be to adjust and decide the matters
hereinbefore submitted to them, and all such other questions as may
arise between said city and county. growing out of the extension of the
corporation limits and the establishment ‘of a city government. The
awards of said arbitrators shall be entered up as the judgments of the
city court or the county circuit court, as the arbitrators may designate.

And it is further provided, that the same person shall be eligible
to, and, if elected, may hold a county ollice and a city office, if the said
offices be of the same nature, at the same time: provided, such officer
lives within the city limits, and any person otherwise qualified, who is a
resident of the city of Charlottesville, shall be eligible to election or
appointment to any county otlice of Albemarle county.

46. All acts and parts of acts inconsistent herewith are hereby
repealed.

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