Chap. 75.—An ACT to amend and re-enact section 6 of the charter of the city
of Richmond relating to the filling of vacancies in elective offices, and to
amend and re-enact section 19 and sub-sections III., V., VIII. and XI. of
section 19 of the charter of the city of Richmond relating to the powers of
the council of the city of Richmond, and to amend and re-enact section 22
of the charter of the city of Richmond relating to the making of compensa-
tion and the payment of damages for land or other property taken by the
city .of Richmond for its purposes.

Approved March 6, 1906.

1. Be it enacted by the general assembly of Virginia, That sections
six and nincteen and sub-sections three, five, eight, and eleven of section
nineteen, and section twenty-two of the charter of the city of Richmond
be amended and re-enacted so as to read as follows:

§6. In cases of vacancies arising in any office elective by the people
when a general election will occur before the expiration of the term of
such office, at which an election can be legally held for the purpose, it
shall be the duty of the mayor, upon the happening of any such vacancy
or vacancies, forthwith to certify the fact of such vacancy or vacancies
to the judge of the hustings court who shall issue his writ requiring an
clection to fill such vacancy or vacancies, to be held at such general elec-
tion, in the manner prescribed in the general election laws of the State.

819. The council of the city of Richmond shall have power to enact
suitable ordinances to secure and promote the general welfare of the
inhabitants of the city, and shall also have, subject to the provisions
herein contained, the control and management of the fiscal and munici-
pal affairs of the city, and of all property, real and personal, belonging
to the said city; and may make such ordinances and adopt such resolu-
tions relating to the same as they shall deem proper and necessary.
They shall likewise have the power to make such ordinances, resolutions,
and regulations as they may deem desirable and suitable to carry out
the following specific powers, which are hereby vested in them:

Sub-section ITI. To erect and keep in order all public buildings neces-
sary or proper for said city; to open, regulate the use of, and to orna-
ment public squares and parks, and may maintain nurseries for the pro-
pagation and growth of trees and shrubs to be used for the purpose of
improving, shading and ornamenting such squares, parks and streets of
the city, and may authorize the exchange or donation of any surplus
stock of such trees or shrubs to be used for a like purpose by other per-
sons within or without the city.

Sub-section V. To establish, maintain, enlarge or improve water
works, gas works, and electric plants within or without the limits of the
city of Richmond, and furnish water, gas, and electricity to consumers
for domestic or- commercial purposes, and charge and collect compensa-
tion therefor, and, to accomplish these purposes, to contract and agree
with owners of land for the use or purchase thereof, and for all land,
rights, or easements necessary for the construction, maintenance or
repair of dams, sluices, conduits, culverts, pipes, basins, reservoirs, poles
or wires connected therewith, or any fixture or appurtenance thereof, or
may have the same condemned for said purposes and for the supplying
of water to any canal, sluice, pipes or other fixture or appliance used in
connection with said water works whenever, in their discretion, they may
deem the same necessary or desirable: provided, that the natural drainage
of any roads, streets, or lands outside of its corporate limits shall not be
impeded or illegally interfered with by the city in the erection or con-
struction of the works and improvements, or the doing of any other acts
authorized by this charter. They shall have power to protect from in-
jury by adequate penalties the said works, pipes, poles, wires, fixtures,
land and canals, or anything connected therewith, within or without the
limits of said city, and to prevent the pollution of water in James river
or in any branch or stream flowing into the same by prohibiting the
throwing or discharge in any manner of any filth, offensive and delete-
rious matter or liquid therein within fifteen miles above the said works,
as to render, or probably to render, the water impure. There shall be no
lease nor sale of the city gas, water, or electric works, unless the propo-
sition shall first be submitted to the voters of the city of Richmond, at
some regular election, and receive in favor thereof a majority of all
votes cast at such election.

Sub-section VITT. To construct and maintain or authorize the con-
struction or maintenance of bridges and viaducts over James river or
other stream or creek, or over any ravine, where any portion thercof is
within the city limits, and to construct and maintain, or authorize the
construction and maintenance of, subways, vaults, areas, or cellars under
the streets or other public places, or elsewhere within the limits of the
city, and charge and collect compensation for use of same, and to prevent
injury to or obstruction of the strects, alleys, or other public places or
property of the city; but any bridge constructed across James river under
authority of this section shall be free to the public, except that com-
pensation may be required of transmission or transportation companies
for the use of such bridge.

Sub-section XI. To regulate and prescribe the breadth of tires upon
the wheels of wagons, carts, and vehicles of heavy draught upon the
streets of said city; but the foregoing shall not apply to vehicles coming
into and not owned in said city; and to limit the speed of street cars
and vehicles on the streets, and to prescribe the motive power that may
be used for their propulsion, and also to prescribe the kind, character.
and weight of vehicles that may be used in parks and on any particular
street or streets.
$22. The city of Richmond shall not take or damage private property
for the opening or improvement of streets or for any other public pur-
poses without making to the owner thereof just compensation for the
same, but in all cases where land or other property, or any right, ease-
ment or estate therein is needed or will be damaged for any use author-
ized by this charter, which cannot, because of the incapacity of the
owner, or inability to agree upon the compensation to be paid or terms
of settlement, or because the owner cannot, with reasonable diligence,
be found in this State, or is unknown, agree on terms of purchase or set-
tlement with those entitled to said land, property, interest, right, ease-
ment or estate, the city of Richmond may acquire the same or have the
damages ascertained by condemnation proceedings instituted in the cir-
cuit court of the county in which such land, property, interest, right.
easement or estate lies or is situated, or in the hustings court of the city
of Richmond if the subject lies or is situated within the city; such pro-
ceedings to be instituted and conducted as provided by law. And in the
event the said citv shall proceed to acquire by condemnation a right of
way for any bridge or viaduct over the lands of the owner of any toll
bridge or viaduct now in existence, the commissioners, in awarding dam-
ages, shall be governed by the general law of the State concerning the
exercise of the power of eminent domain.

2. This act shall be in force ninety days after the adjournment of this
session of the general assembly.