Chap. 258.—An ACT to amend and reenact an act of the general assembly
of Virginia approved March 14, 1908, entitled an act to provide a new
charter for the city of Charlottesville, and to repeal all acts inconsistent
therewith, and to repeal all acts or parts of acts inconsistent with this
act, (H. B. 486.)

Approved March 25, 1914.

Sec. 1. Be it enacted by the general assembly of Virginia, That
an act of the general assembly of Virginia, in force March four-
teenth, nineteen hundred and eight, entitled an act to provide a
new charter for the city of Charlottesville, and to repeal all acts
inconsistent therewith, and to repeal all acts or parts of acts in-
consistent with this act, be amended and re-enacted so as to read as
follows:

Sec. 2. That so much of the land as lies and is contained within
the following boundaries, beginning at the entrance to the Brennan
estate from Monticello road (the gate nearest to town) ; thence north
forty-eight, east one hundred and six poles, crossing the Chesapeake
and Ohio railway, to corner of the yard belonging to (the farm)
late Thomas L. Farish estate, on the road to the woolen mill; thence
with said yard fence, north thirty-three and one-half, east fifty-
eight and one-half poles; thence north twenty-one, west one hun-
dred and seventy-six and one-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 bank,
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 eighty-seven and one-half, west thirty-seven and four-tenths
poles to the southeast 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 Chesapeake 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 eighty-
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 the south-
west 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 a half, east twenty poles, and north forty-five and
a 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 Scottsville road (and includ-
ing the said Hay’s house) to the place of beginning, 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 denomination
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 the provisions of the Code of Virginia, except so
far as may be herein otherwise provided.

Sec. 3. The said city shall be divided into wards as now con-
stituted, but the number of wards may be hereafter increased or
diminished and the boundaries thereof changed by the city council,
as authorized by law.

Sec. 4. 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 justice of the peace, a constable who shall be elected
by the qualified voters of the city of Charlottesville at elections held
at the intervals and on the days prescribed for such elections by
the laws of the State. All persons who are qualified voters of the
city of Charlottesville shall be eligible to any of said offices. The
terms of office of all of said officers shall begin and continue for such
length of time as is prescribed by the general law; provided, that
any one of said officers shall be eligible to one or more offices to be
filled by the council—that is to say, that any officer elected by the
people may hold the office to which he was elected as well as one or
more offices to which he may be elected or appointed by the council.

Sec. 5. The aldermen of said city (three from each ward) shall

constitute the council of said city, and all the corporate powers of
said city shall be exercised by said council, or under its authority,
except when otherwise provided.
' Sec. 6. ‘There may be elected by the council of said city from
among the qualified voters of said city, an overseer of the poor, a
city engineer, a street commissioner, a police justice, and such offi-
cers and clerks as said council may deem proper and necessary, and
any one or more of said offices may be heid and exercised by the
same person. The officers herein mentioned shall be elected or ap-
pointed by the council on the first day of September, nineteen hun-
dred and eight, or as soon thereafter as practicable, and biennially
thereafter, except when elected to fill a vacancy (which may be
done by the council) in which case the election shall be for the
unexpired term. But no oflice or offices not specially provided for
in this charter shall be created except by a vote of two-thirds of all
the members elected to the council in regular meeting assembled.

It may be competent for the council, in order to secure the ser-
vices of a suitable person as city engineer or street commissioner,
to elect a non-resident to said offices, but each of said officers shall
reside in the city during his tenure of office.

Sec. 7. The mayor, aldermen and other officers elected by the
people shall each, before entering upon the duties of their offices,
take the oath prescribed for all other officers by the laws of Vir-
ginia, and qualify before the corporation court of said city, or the
judge thereof in vacation, and in the cases of the mayor and the
aldermen, a certificate of such oaths having been taken, shall be filed
by them, respectively, with the clerk of the council, who shall enter
the same upon the journal of the council; but if any or either of said
officers shall fail to qualify, as aforesaid, for ten days after the
commencement of the term for which he, or they, were elected, or
shall neglect for a like space of time to give such bond as may be
required of him by the city council, his or their office shall be deemed
vacant.

Sec. 8. Whenever, from any cause, a vacancy shall occur in the
office of mayor, aldermen, president or vice-president of the council,
the same shall be filled by the council at its next regular meeting
from its own body or from the qualified electors of said city, and
the officer thus elected shall hold his office for the term for which his
predecessor was elected, unless sooner vacated by death, resignation,
removal or from 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 book of the council. If
the mayor 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.

Sec. 9. At its first meeting in September, nineteen hundred and
eight, and biennially thereafter, the council shall elect one of its
members to act as president, who shall preside at its meetings and
continue in office two years. Or if a vacancy occur in the office
before the end of his term, such vacancy shall be filled by the coun-
cil as provided in section eight.

At the same time the council shall elect one of its members to
be a vice-president, who shall preside at such meetings in the ab-
sence of the president, and who, when the president shall be absent,
or unable to perform the duties of his office, by reason of sickness or
other cause, shall perform any and all duties required of, or en-
trusted to, the president, and when, for any cause, both the presi-
dent and the vice-president shall be absent from any meeting, a
president pro tempore shall be elected by the council, who shall
preside. The president of the council, or the vice-president, when
authorized, as above stated, to act, shall have power at any time to
call a meeting of the council; and in case of absence, sickness, dis-
ability or refusal to act of both the president and the vice-president
of the council, said council may be convened by the order in writing
of any three members of the body, addressed to its clerk.
Sec. 10. Seven aldermen shall constitute a quorum for the trans-
action of business at any meeting of the council.

Sec. 11. The president, vice-president, or president pro tempore,
as the case may be, shall be entitled to a vote on all questions before
the council, as any other alderman, but in no case shall he be en-
titled to a second vote on any question, though it be necessary to
break a tie—that is to say, his office shall not entitle him to a vote.

Sec. 12. The council shall have authority to adopt such rules
and to appoint such officers and clerks as it may deem proper for
the regulation of its proceedings, and for the convenient transaction
of business, to compel the attendance of absent members, to punish
its members for disorderly behavior, and by a vote of two-thirds
of all the members elected to the council, expel a member for mal-
feasance or misfeasance in office. The council shall keep a journal.
of its proceedings, and its meetings shall be open, except when, by
a recorded vote of two-thirds of those members present, the council
shall declare that the public welfare requires secrecy. The council
shall also require to be kept by its clerk a separate book, termed
“the general ordinance book,” in which shall be recorded all ordi-
nances and resolutions of a general and permanent character, prop-
erly indexed and opened to the public inspection. Other documents
cr papers in the possession of the clerk of the council which may
affect the interest of the city, shall not, without special order of the
council, its president or vice-president, be exhibited, nor copies
thereof furnished to other persons than the committees or city
officials entitled thereto.

Sec. 18. 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 thereupon be corrected, if erroneous,
and signed by the person presiding for the time being.

Upon call of any member the ayes and noes shall be recorded in
the journal.

Sec. 14. The council of the city shall have power within said
city to control and manage the fiscal and municipal atfairs of the
city and all property, real and personal, belonging to said city;
it shall have power to provide a revenue for the city, and approxi-
mate the same to its expenses, also to provide the annual assess-
ments of taxable persons and property in the city, and it may make
such ordinances, orders and by-laws relating to the foregoing
powers of this section as it shall deem proper and necessary. It
shall likewise have power to make such ordinances, by-laws, orders
and regulations as it may deem desirable to carry out the following
powers which are hereby vested in it:

First. To close, extend, widen, narrow, lay out, graduate, im-
prove and otherwise alter streets and public alleys in the said city,
and have them properly lighted and kept in good order, and it may
make or construct sewers or ducts through the streets or public:
grounds of the city, and through any place, or places whatsoever,
when it may be deemed by the said council expedient. The land in-
cluded in any street that is closed shall revert to the abutting
owners on either side of the same, each receiving one-half thereof.
That is, the new line of each abutter shall be the middle of the
former street. The said council may have over any street or alley
in the city, which has been, or may be ceded to the city, like author-
ity as over other streets or alleys, and may prevent or remove any
structure, obstruction or encroachment over, or under, or in a street
or alley, or any sidewalk thereof, and may have shade trees planted
along the said streets.

Second. To prevent the cumbering of the streets, avenues, walks,
public squares, lanes, alleys, or bridges, in any manner whatsoever ;
to compel the occupant or owner of buildings or grounds to remove
snow, dirt or rubbish from the sidewalks in front thereof.

Third. To extinguish and prevent fires, prevent property from
being stolen, and to compel citizens to render assistance to the fire
department in case of need, and to establish, regulate and control
a fire department for said city ; to regulate the size of, materials, and
construction of buildings hereafter erected, in such manner as the
public safety and convenience may require; to remove, or require to
be removed, any building, structure, or addition thereto, which by
reason of dilapidation, defect. of structure, or other causes, may
have, or shall become, dangerous to life or property, or which may
be erected contrary to law; to establish and designate from time to
time fire limits, within which limits wooden buildings shall not be
constructed, removed, added to or enlarged, and to direct that all
future buildings within such limits shall be constructed of stone,
natural or artificial, concrete, brick or iron.

Fourth. To regulate and prescribe the breadth of tires upon
the wheels of wagons, carts, and vehicles of every kind and descrip-
tion used upon the streets of said city.

Fifth. To provide for the preservation of the general health of
the inhabitants of said city, make regulations to secure the same,
prevent the introduction or spreading of contagious or infectious
diseases, and prevent and suppress disease generally; to provide and
regulate hospitals within or without the city limits, and to enforce
the removal of persons afflicted with contagious or infectious dis-
eases, to hospitals provided for them; to provide for the appoint-
ment and organization of a board of health or other board to have
the powers of a board of health for said city, with the authority
necessary for the prompt and efficient performance of its duties,
with power to invest any or all the officials or employees of such
department of health with such powers as the police officers of the
city have; to regulate the burial, cremation, or disposition of the
dead; to compel the return of births and deaths to be made to its
health department, and the return of all burial permits to such
department.

Sixth. To acquire by purchase, condemnation, or otherwise,
either within or without the city, lands to be appropriated, improved
and kept in order as places for the interment of the dead, and may
charge for the use of the grounds in said places of interment, and
may regulate the same; to prevent the burial of the dead in the city,
except in public burying grounds; to regulate burials in said
grounds; to require the keeping and return of bills of mortality
by the keepers (or owners) of all cemeteries, and shall have power
to acquire by purchase, condemnation, or otherwise, according to
law, such lands, and in such quantity as it may deem proper or neces-
sary for the purpose of burying the dead.

Seventh. To establish a quarantine ground within or without
the city limits, and such quarantine regulations against infectious
and contagious diseases as the said council may see fit, subject to
the laws of the State and of the United States.

Eighth. To require and compel the abatement and removal of
all nuisances within said city, or upon any property owned by said
city, without its limits, at the expense of the person or persons caus-
ing the same, or the occupant or owner of the ground whereon the
same may be; to prevent and regulate slaughter houses, and soap
and candle factories within said city, or the exercise of any danger-
ous, offensive, or unhealthy business, trade or employment therein;
to regulate the transportation of all articles through the streets of
the city; to compel the abatement of smoke and dust; to regulate
the location of stables, and the manner in which they shall be con-
structed and kept.

Ninth. If any ground in the said city shall be subject to be
covered by stagnant water, or if the owner or occupant thereof shall
permit any offensive or unwholesome substance to remain or accumu-
late thereon, the said council may cause such ground to be filled up,
raised, or drained, or may cause such substance to be covered or
removed therefrom, and may collect the expense of so doing from the
said owner or occupant by distress or sale, in the same manner in
which taxes levied upon real estate for the benefit of said city are
authorized to be collected; provided, that reasonable notice shall be
first given to the said owner or occupant or his agent. In case of
non-resident owners, who have no agent in said city, such notice may
be given by publication for not less than ten days, in any news-
paper published in said city, such publication to be at the expense
of said owner, and cost thereof to be collected as a part of the ex-
pense hereinbefore provided for.

Tenth. To direct the location of all buildings for storing gun-
powder or other explosive or combustible substances; to regulate or
prohibit the sale and use of dynamite, gunpowder, firecrackers,
kerosene oil, nitro-glycerine, camphene, burning fluid, and all ex-
plosive or combustible materials, the exhibition of fireworks, the
discharge of firearms, the use of candles and lights in barns, stables
and other buildings, the making of bonfires and the carrying of con-
cealed weapons. .
Eleventh. To prevent the running at large in said city of all
animals and fowls, and to regulate and prohibit the keeping or
_ raising of the same within said city; and to subject the same to such
confiscation, levies, regulations and taxes as it may deem proper.

Twelfth. To prevent the riding or driving of animals at im-
proper speed, to regulate the speed and manner of use upon the
_ streets of said city of all animals or vehicles; to prevent the flying
_ of kites, throwing of stones, or the engaging in any employment or
sport in the streets or public alleys, dangerous or annoying to the
public, and to prohibit and punish the abuse of animals. .

Thirteenth. To restrain and punish drunkards, vagrants, mendi-
cants and street beggars.

Fourteenth. To prevent vice and immorality; to preserve public
peace and good order, to prevent and quell riots, disturbances, and
disorderly assemblages; to suppress houses of ill fame, and gaming
houses, to prevent lewd, indecent or disorderly conduct or exhibitions
in the city, and to expel from said city persons guilty of such con-
. duct who shall not have resided therein as much as one year.

' Fifteenth. To prevent, prohibit or regulate the coming into the
. city from points either within or beyond the limits of the State, of
_ paupers or persons having no ostensible means of support, or per-
- sons who may be dangerous to the peace or safety of the city; and
- for this purpose may require any railroad company, or the owners
of any conveyance bringing such person to, or leaving him in said
city, to enter into bond with satisfactory security, that such person
shall not become chargeable to the city within one year from the
_ date of his arrival, or may compel such company, or owner, to take
“ any such person back to the city whence he was brought, and may
< compel any such person to leave the city, if he has not been in the
city more than ninety days before the order is given.

Sixteenth. And the said council shall also have power to make
~ such other and additional ordinances as it may deem necessary for
~ the general welfare of said city; and nothing herein contained shall
- be construed to deprive said city of any of the powers conferred
~ upon it, either by general or special laws of the State of Virginia,
‘ except in so far as the same may be inconsistent with the provisions
* of this charter.

E Seventeenth. Said council shall have power to require and take

” feom 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 payable to the city by its corporate name, and conditioned
“ for the faithful discharge of their duties; said bonds shall be en-
» tered on the record of the council, and shall be filed with the clerk
- of the corporation court of the city.

Eighteenth. Said council shall have power 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.
Nineteenth. To prohibit the pollution of water which may be
provided for the use of the city.

Twentieth. To pass all by-laws, rules and ordinances, not repug-
nant to the Constitution and laws of the State, which it may deem
necessary for the good order and government of the city, the man-
agement of its property, the conduct of its affairs, the peace, com-
fort, convenience, order, morals, health, and protection of its citizens
or their property, including authority to keep a city police force;
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 shall be granted to, or vested
in said city, or in the council, court or officers thereof, or which may
be necessarily incident to a municipal corporation; and to enable the
authorities of said city more effectually to enforce the provisions of
this section, and any other powers conferred upon them by this
charter, their jurisdiction, civil and criminal, is hereby declared to
_ extend one mile beyond the corporate limits of the city.

Sec. 15. Local assessments upon abutting land owners for mak-
ing and improving the sidewalks upon the streets and improving
and paving the alleys, and for either the construction or for the
use of sewers, may be imposed not in excess of the peculiar benefits
resulting therefrom to such abutting land owners. And the same
shall be regulated as prescribed by the general law.

Sec. 16. To carry into effect the powers herein 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 all
proper and needful orders, by-laws and ordinances not contrary to
the Constitution and laws of said State, and to prescribe reasonable
fines and penalties, including imprisonment in the city jail for a
period not exceeding six months, and for the enforcement of the
collection of fines, to impose imprisonment in the city. jail for a
period not exceeding ninety days, which fines, penalties or imprison-
ment shall be imposed, recovered and enforced by and under the
police justice, or any one of the aldermen of said city. The city
may maintain a suit to restrain by injunction, the violation of any
ordinance, notwithstanding such ordinance may provide punishment
for its violation. 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 use the jail of the 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 Virginia; provided, how-
ever, that in all cases where fine or imprisonment is imposed by the
police justice, any alderman, or by the council, the party or parties
so fined or imprisoned shall have the right of appeal to the corpora-
tion court of said city. All fines imposed for the violation of the
city charter, by-laws, or ordinances, shall be paid into the city
treasury.

Sec. 17. Each one of the aldermen, and the police justice of
said city, for the time being, are declared to be, and are, hereby
constituted 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 afore-
said, and all proper arrests may be made and warrants of arrest ex-
ecuted by such chief of police and policemen.

Sec. 18. 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; the 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.

Sec. 19. The levy so made shall 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 subjects, within said
city as may at the time be assessed with State taxes; provided, how-
ever, that the tax on real estate and personal property, including
choses in action, shall not exceed in any 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
said lands would be assessed for county purposes if outside the cor-
porate 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 they may 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 twenty-four of this charter; pro-
vided, further, that the tax for public free schools shall be in addi-
tion to the amount hereinbefore prescribed (which is for city pur-
poses) and shall be in conformity to and regulated by the general
laws as to taxes for said free schools.

Sec. 20. The council may require a license and impose a tax
thereon from merchants, commission merchants, auctioneers, manu-
facturers, traders, lawyers, physicians, dentists, brokers, keepers of
ordinaries, hotel keepers, boarding-house keepers, keepers of drinking
cr eating houses, keepers of livery stables, photographic artists of
all kinds, agents of all kinds (including the agents of insurance com-
panies, whose principal office is not located in the city), sellers of
wines and other liquors, vendors of quack medicine, public, theatri-
cal or other performances or shows, keepers of billiard tables, ten
pin alleys, pistol galleries, hawkers, peddlers, sample merchants,
railroad companies, telegraph companies, telephone companies, gas
companies, electric companies, traction companies of all sorts, street
rulway companies, express companies, insurance companies,
and on any other person, firm, corporation, or employment which
it may deem proper, whether such person, firm, corporation or
employment be herein specially enumerated or not, and whether any
tax be imposed thereon by the State or not.

And this right to require a license and impose a tax thereon shall
apply to all persons who use the streets of the city for delivery
wagons; provided, that the license tax paid by any merchant to the
city of Charlottesville shall be in lieu of any tax on a delivery wagon
used by him in said city.

And said council may also grant or refuse. license to owners or
keepers of wagons, drays, carts, hacks and other wheeled vehicles
kept or employed in said town for 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 a license therefor, and
require taxes to be paid thereon and subject same to such regulations
as they may deem proper.

Sec. 21. The revenue from these and other sources shall be col-
lected, paid over, and accounted for at such times, and to such per-
sons as the council shall order, and pursuant to such ordinance as
now exists or may hereafter be passed by the council. The treasurer
shall be the custodian of all the funds of the city.

Sec. 22. The council shall require the treasurer of the said cor-
poration to make out a quarterly report of the receipts and ex-
penditures, together with a balance sheet of said city for the pre-
ceding quarter, which report shall state on what account the ex-
penditures were made, and from what source, or sources the re-
ceipts 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
December, March, June, and September of each year.

Sec. 23. The council of said city of Charlottesville is hereby
authorized to make and issue the registered or coupon bonds of said
corporation, payable not exceeding forty years after their date,
bearing interest at not more than five percentum 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. The said council shall not
be authorized to dispose of such bonds at less than par value; except
by a recorded affirmative vote of three-fourths of all the members
elected to the council. Said registered and coupon bonds shall be
regularly numbered, signed by the mayor, clerk and treasurer of
the city, and recorded in a book kept for that purpose.

Sec. 24. The council of the city of Charlottesville shall set apart
from the resources of the city, such proportion 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 pay as they fall due, the
Londs of the town or city of Charlottesville. The fund thus set
apart shall be called the sinking fund, and shall be paid in two
equal installments, on the first of January and first of July of each
year, to the sinking fund commissioners hereinafter designated, and
shall be applied to the payment of the debt of said town or city,
as it shall become due; and if no part of said debt be due or payable,
said fund shall be invested in the bonds or certificates of debt of
said city, or of this State, or the United States, or of some State
of this union, or any other bonds the sinking fund commissioners
may deem a safe investment; said fund shall, in the hands of the
treasurer, as to all questions of investment, purchase or sale within
the limits of this section, be subject to the orders and management
of the mayor, chairman of finance committee of the council, auditor,
treasurer, and president of the common council, who, together, shall
compose the sinking fund commissioners.

Sec. 25. The council of said city may negotiate any loan or loans,
for the purpose of improving the streets, lighting the same, buying
necessary real estate, erecting public buildings, supplying the city
with water, sewerage, and for any purpose which the council may
deem of advantage or benefit to the city inside the corporate limits
of the city or not more than a mile therefrom; and shall have
authority to issue registered and coupon bonds for the said loan or
loans, payable not more than forty years after the date of said
bonds, and said bonds shall bear interest at a rate not greater than
five percentum, payable semi-annually; provided, that the council
shall not negotiate such loan or loans, and issue bonds therefor, for
sums which, when added to the debt of the city to be greater than
eighteen percentum of the assessed valuation of the real estate of the
city subject to taxation, as shown by the last preceding assessment
for taxes; provided, however, that in determining the limitation of
the power of the city to incur indebtedness, there shall not be in-
cluded the classes of indebtedness mentioned in sub-section a and b
of section one hundred and twenty-seven of the Constitution of the
State; and provided, further, that such bonds are authorized by an
ordinance enacted in accordance with section one hundred and
twenty-three of the Constitution of Virginia, and approved by the
affirmative vote of the majority of the qualified voters of the city,
voting upon the question of their issuance, which majority shall
include a majority of the votes cast by those taxpayers of the city,
at such election, who pay a tax on real or personal property assessed
at five hundred dollars or more, to be ascertained by submission to
the qualified voters of the city at the general election next succeeding
the enactment of the ordinance, if practicable, or if not practicable,
at a special election held for that purpose; said special election, if
one he held, to be ordered by the council, and to be conducted in
accordance with the law of the State of Virginia, regarding election -
by the people. But no election touching the question shall be held
until notice thereof has been given by publication for four successive -
weeks in one or more newspapers published in said city. Any bond
issued under the provisions of this section shall be regularly num-
bered, signed by the mayor, clerk and treasurer, and recorded in a
book to be kept for that purpose.

Sec. 26. The rights of the city in its gas, water and electric ©
works and sewer plant, now owned, or hereafter acquired, shall not |
be sold even after such action of the council as is prescribed by sec-
tion ten hundred and thirty-three of the Code of Virginia of nine-
teen hundred and four, until and except such sale shall have been
approved by a majority of the qualified voters of the city, voting -
on the question at a special election ordered by the council, and sub-
ject in other respects to the provisions of section twenty-five of this
charter applicable to a special election.

Sec. 27. The city sergeant shall attend the terms of the corpora-
tion 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 sureties shall be liable therefor.

Sec. 28. 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, un-
less the same be abridged or restricted by the council.

Sec. 29. The mayor or the council may prohibit any theatrical
or other performance, show or exhibition within said city or a mile
of its corporate limits, which may be deenied injurious to the morals
or good order of the city or the people of Albemarle county.

Sec. 30. The mayor shall be the chief executive officer of the
city, and shall take care that the by-laws and ordinances thereof
are fully executed. He shall see that the duties of the various city
officers, members of the police and fire departments, whether elected
or appointed, in and for the city, are faithfully performed. He shall
have power to investigate their acts, have access to all books and
documents in their offices, and may examine them and their sub-
ordinates on oath. The evidence given by persons so examined shall
not be used against them in any criminal proceedings. He shall
also have power to suspend such officers and the members of the
police and fire departments, and to remove such officers for mis-
conduct in office or neglect of duty, to be specified in the order of
suspension or removal; but no such removal shall be made without
reasonable notice to the office complained of and an opportunity
afforded him to be heard in person or by counsel, and to present testi-
mony in his defense. From such order of suspension or removal the
city officer so suspended or removed, or the member of the policé or
fire department so suspended, shall have an appeal of right to the
corporation court.

Said mayor shall have all other powers and duties which may be
conferred upon him by general laws. The corporation court of said
city may remove the mayor of said city from office for malfeasance,
misfeasance, or gross neglect of official duty, and such removal shall
be deemed a vacation of the office. All proceedings against the
mayor for the purpose of removing him from office, shall ke by
order of, or motion before said court, upon reasonable notice to the
party affected thereby, and with the right to said party of an appeal
to the supreme court of appeals. In the event of the death, resigna-
tion or removal of the mayor or his inability to discharge his duty
from some other cause, his place shall be filled and his duties shall
be discharged by the president of the council until another mayor is
elected and qualified, or until such inability shall cease! A vacancy
in the office of mayor shall be filled as provided for in section eight
of this charter.

Sec. 31. The police justice shall have and possess all the jurisdic-
tion 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 in-
flict such punishment as may be prescribed for a violation of the
same. He shall have authcrity to issue his warrant for the arrest
of any person or persons violating any of the ordinances, acts or
resolutions of said city; it shall be his duty especially to see that
peace and good order are preserved, and persons and property are
protected in the city; he shall have power to issue executions for
all fines and costs imposed by him, er 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 be paid,
for a period, however, not exceeding ninety days. He 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 of the aldermen of
said citv, to discharge the duties of the police justice prescribed
herein during such inability, and who shall be paid for such ser-
vices 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, except that all fines collected for offenses com-
mitted against the State, shall go to the literary fund, as provided
by law. The police justice of said city shall be removed as herein-
before provided, by the mayor upon procf of malfeasance or mis-

ft cerewine say athnn Riva: swaklinn sMctiAe& chcall monnssro ac bANIMaAN ecatIANH
for his services, to be fixed by the council, which shall not be in-
creased or decreased during the term for which he is elected.

Sec. 32. The salaries of all officers who receive stated compen-
sation for their services from the city, shall be fixed by the council.

Sec. 33. 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.

Sec. 34. The regulations and restrictions for granting any fran-
chise in the city shall be such as are provided by the general law
as found in section ten hundred and thirty-three-e and ten hundred
a thirty-three-f of the Code of Virginia of nineteen hundred and

our.

Sec. 35. All moneys belonging to said city shall be paid over
to the treasurer, and no money shall be by him paid out except as
the same shall have been appropriated and ordered to be paid by
the council; and the said treasurer shall also pay the same upon
warrant approved in such manner as may be prescribed by ordinance
of the council.

Sec. 36. 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 cor-
porate name of the city, by motion before any court of record having
jurisdiction in the city of Charlottesville, to recover from the treas-
urer and his sureties, or their personal representatives, any sum that
may be due from said treasurer to said city on ten days’ notice.

Sec. 37. All fines imposed for any violation of any city ordi-
nance or State law shall be collected by the chief of police; and if
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 accruing to the
city, by motion, in the corporate name of the city, before the cor-
poration court of said city, against the said chief of police, his
sureties on his said bond, or any or either of them, his or their
executors or administrators, on giving ten days’ notice of the same.

Sec. 88. The council shall have power to make such ordinances,
by-laws, orders and regulations as they may deem necessary to pre-
vent hogs, dogs and other animals from running at large in the
limits of the city, and may subject the owners thereof 1.0 such unes,
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 policeman or constable.

Sec. 89. The city shall not take or damage 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 city council cannot by agreement obtain title to the ground
noaraceary far cicrh niurnnceae it chal] ha lawful far it ta annlv ta tha
circuit cotrt of the county in which the land shall be situated, or to
the proper court of the city having jurisdiction of such matters, if
the subject lie within the city to condemn the same.

Sec. 40. In every case where a street in said city has been or
shall be encroached upen by any fence, building or otherwise, the
city council may require the owner or owners, if known, and if un-
known the occupant or occupants of the premises so encroaching,
to remove the same. If such removal shall not be made within the
~ time ordered by the city council, it may impose a penalty of five
dollars for each and every day that it is allowed to continue there-
after, and may cause the encroachment to be removed, and collect.
from the owner al! reasonable charges therefor, with costs, for
which there shall be a lien on the premises so encroaching, which
lien may be enforced in a court of equity having jurisdiction of the
~ subject. No encroachment upen any street, however, long continued,
shall constitute an adverse possession thereto, or confer any right
upon the person claiming thereunder as against said city.

Sec. 41. All rights, privileges and properties of the city of
Charlottesville heretofore acquired and possessed, owned and en-
joyed 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, and not inconsistent with this act,
- shall be and continue in full force and effect in the city of Char-
lottesville, until regularly repealed by a council elected as provided
_ under this charter.

Sec. 42. The corporation court of the city of Charlottesville
shall remain as it now exists and be held by the city judge at such
times as are, or may be, designated by law, and the jurisdiction of
, said court shall be such as is now prescribed; provided, of course,
_ that the power to abolish said:court in accordance with Constitution
_ of the State is in no way hereby affected. And the city of Char-
_ lottesville shall remain a part and parcel of the same legislative and
. senatorial districts to which it now belongs.

. Sec. 43. That the corporate authorities of said city be, and they
are, hereby authorized and empowered to erect suitable dums and
reservoirs, and to lay suitable pipes to supply said city with an ade-
_ quate supply of water, and to establish and construct a sewerage
system for said city; and for such purpose to acquire, either by pur-
‘chase or by condemnation, according to the provisions of the gen-
eral law, for the condemnation of lands by incorporated cities, such
_ lands and so: much thereof as may be necessary for the aforesaid
- purposes.
_ Sec. 44. All elections under this charter shall conform to the
_general law of the State in regard to elections by the people.
| Sec. 45. The property now belonging to the county of Albemarle
within the limits of the city of Charlottesville, shall be within and

Cg ee as te Be BS ce be a edee Gael nites gaat hnmste aw
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 effected, 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 recogni-
tion of the right of the city, as well as the county (through the dis
trict school board or otherwise) in the school property in Charlottes:
ville school district; and nothing herein contained 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.

Sec. 46. A board of arbitrators composed of three members, one
to be 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, whcse duty it shall be to adjust and decide the
matters hereinbefore submitted to them, and all such other ques-
tions 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 judgment of the city court or the county circuit court, as the
arbitrators may designate.

Sec. 47. And it is further provided that the same person shall
be eligible to and, if elected, may hold a county office 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 office of
Albemarle county.

Sec. 48. All acts and parts of acts inconsistent herewith are
hereby repealed.