Chap. 152.—An ACT to amend and re-enact sections 23, 33, 43, 99, 100, 101, 102,
°103 and 106 of an act approved February 28, 1896, entitled an act to pro-
vide a new charter for the city of Roanoke, and the acts amendatory
thereof. [S B 117]

Approved March 10, 1920.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-three, thirty-three, forty-three, ninety-nine, one hundred, one
hundred and one, one hundred and two, one hundred and three and
one hundred and six, of an act approved February twenty-eighth,
eighteen hundred and ninety-six, entitled an act to provide a new
charter for the city of Roanoke, and the acts amendatory thereof, be
a the same are hereby amended and re-enacted so as to read as
ollows: |

Sec. 23. To establish a market or markets in and for said city,
and to appoint proper officers therefor; to prescribe the time and
place for holding the same; to provide suitable buildings and grounds
therefor, and to enforce such regulations as shall be necessary to
prevent huckstering, forestalling and rebating. And for the purpose
of regulating and controlling the sale of fresh meats, fresh fish,
farm and domestic products in said city the council shall haye au-
thority to confine the sale of such articles or products to the public
markets and public squares provided by the city for that purpose,
and shall have authority to levy and collect a license tax for the sale
of fresh meats and fresh fish, and may impose a curbage tax, not
exceeding fifty cents, for each wagon, cart or other vehicle contain-
ng farm and domestic products brought into said city and offered
or sale.

Sec. 33. To compel the abatement and removal of all nuisances
within the city or upon property owned by the city beyond its limits
at the expense of the person or persons causing the same, or of the
owner or occupant of the ground or premises whereon the same may
be; to require all lands, lots and other premises within the city to be
kept clean, sanitary and free from weeds, or to make them so at the
expense of the owners or occupants thereof; to regulate or prevent
slaughter houses or other noisome or offensive business within said
city, the keeping of animals, poultry or other fowl therein, or the
exercise of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of all articles through
the streets of the city, to compel the abatement of smoke and dust,
and prevent unnecessary noise therein; to regulate the location of
stables and the manner in which they shall be kept and constructed,
and generally to define, prohibit, abate, suppress and prevent all
things detrimental to the health, morals, comfort, safety, convenience
and welfare of the inhabitants of the city.

Sec. 43. Where, by the provisions of this act, the council has
the authority to pass ordinances on any subject, it may prescribe any
penalty not exceeding five hundred dollars for a violation thereof,
and may provide that the offender, on failing to pay the penalty 1m-
posed, shall be imprisoned in the jail of the city for a term not ex-
ceeding ninety days, which penalties may be prosecuted and recovered,
with costs, in the name of the city of Roanoke, or may compel such
offender to work on the streets or other public improvements of said
city; provided, however, that for the violation of any ordinance or
ordinances passed by the council of the city of Roanoke regulating
the manufacture, sale or use, of ardent spirits, the council shall have
the power to provide that any person found guilty of such violation
shall be fined not less than fifty dollars nor more than five hundred
dollars and be confined in jail not less than one nor more than six
months, and that the penalty for the second or any subsequent offense
committed after the first conviction shall be a fine of not less than
one hundred dollars nor more than five thousand dollars and im-
prisonment not less than six months nor more than one year. The
accused, if convicted, shall have the right of appeal to the corporation
court of said city, provided no ordinance passed in pursuance hereof
relating to the manufacture, transportation, sale or use, of ardent
spirits as defined in the prohibition law of Virginia, shall prescribe
less penalties than those prescribed by nor be construed to repeal
section 72 of said prohibition law.

Sec. 99. The council may, in the name and for the use of the
city, cause to be issued certificates of debt or bonds for making any
manner of public improvement, and for the purchase and acquisition
of land or other property for public school purposes and for school
buildings and the equipment thereof; provided, that no such certifi-
cates of debt or bonds shall be issued except by a three-fourths vote
of the council, endorsed by a majority of the freehold voters of said
city voting on the question; but such certificates of debt or bonds shall
not be irredeemable for a period greater than thirty-four years; pro-
vided, further, that 1f a separate levy be made for school purposes,
then and in that event the school board of the city of Roanoke shal)
semi-annually pay into the city treasury such amounts paid from said
levy as may be necessary to pay the interest and sinking fund on and
for all outstanding bonds of the city of Roanoke, which have been or
may have been or may hereafter be issued for school purposes. In
the event that no special levy should be made for school purposes,
then the school board shall render to the city council a statement at
the end of each month showing the collections and disbursements made
by said board. And provided, further, that in no case shall the ag-
gregate debt of the city at any one time exceed eighteen per centum
of the assessed valuation of the real estate in the city subject to taxa-
tion, as shown by the last preceding assessment for taxes; and, pro-
vided further, that the said council shall not endorse the bonds of
any company, whatsoever, without the same authority.

Sec. 100. The council shall have the power to negotiate and se-
cure temporary loans by issuing bonds or making notes therefor
bearing interest at not exceeding six per centum per.annum; such
bonds, notes, or other evidences of debt to be executed in the same
manner as other bonds are executed; provided, that no such debt shall
be created except by a three-fourths vote of the entire council; and,
provided further, that such debts shall be payable or such bonds
redeemable within one year from the creation of such debt or issue
of such bonds, but no such debt or bonds shall exceed in the aggregate
the sum of one hundred and twenty-five thousand dollars. .

Sec. 101. There shall be set apart from the resources of the city
a sum equal to one per centum per annum of the aggregate debt not
payable within one year, whether contracted hertofore or hereafter.
The fund thus set apart shall be called the sinking fund, shall be
applied to the payment of the debt of the city as it shall become due,
and if no part be due or payable it shall be invested in the bonds or
certificates of debt of the city or of this State, or of the United States,
or of some State of this Union; said funds shall, in the hands of
the treasurer, as to all questions of investment, purchase, or sale, be
subject to the orders and management of the president of the council,
city treasurer and city auditor, who together shall compose the sinking
fund commissioners.

Sec. 102. Any public work or improvement costing more than
one thousand ($1,000.00) dollars except as hereinafter provided
shall be executed by contract. All contracts for more than one
thousand ($1,000.00) dollars shall be awarded to the lowest re-
sponsible bidder, after public advertisement and competition as may
be prescribed by ordinance, but the council shall have the power to
reject any and all bids and all advertisements shall retain a reservation
of this right.

After bids shall have been advertised for and received for making
any public improvement or doing any public work, the council may
authorize the making of such improvement or doing of such work
by the direct employment of the necessary labor and the purchase
of necessary material and supplies on the basis of detail estimates
submitted to it; provided, the probable cost of such work or im-
provement as shown by such estimates is less than the bid of the
lowest responsible bidder for the same work or improvement. Sepa-
rate accounts shall be kept of all work or improvement so done
or made.

And in any case, the council may authorize the making of such
street improvement as in its judgment is necessary, without advertis-
ing for bids, when it has the means, material, supplies and equipment
available for such work. Separate accounts shall be kept of all such
work ; provided, that nothing in this section shall prevent the said
city from doing maintenance work by direct labor and from maintain-
ing a reasonable force of men for that purpose. ,

Sec. 103. For the execution of its powers and duties, the council
may raise annually by taxation and assessment in said city such sums
of money as it shall deem necessary for the purpose of said city, and
in such manner as said council shall deem expedient in accordance with
the Constitution and laws of this State and of the United States ; pro-
vided, however, that it shall impose no tax on the bonds of said city,
provided further that such tax shall not exceed the sum of two dollars
and: twenty-five cents on the one hundred dollars of assessed value
of real and personal property in the said city. _

Sec. 106. The council may grant or refuse license to owners or
keepers of wagons, drays, carts, hacks, automobiles and motorcycles
and other wheeled conveyances of all sorts kept or employed in the
city for hire or use, and may require the owners thereof using them
in the city to take out .a license therefor, and may assess a value
and require taxes to be paid thereon, and subject the same to such
regulations as it may deem proper and may regulate their charges.

An emergency existing, this act shall be in force from its passage.