Chap. 230.—An ACT to provide a charter and special form of government for
the city of Hampton, and to repeal the existing charter of said city, for-
merly the town of Hampton, approved May 23, 1887, and the several acts
amendatory thereof, approved, respectively, February 29, 1892; February
24, 1896; March 3, 1898; January 13, 1900; January 30, 1900; February 23,
1901; the two acts of May 15, 1903; March 2, 1914: March 9, 1916, and the
act of December 26, 1903, which became a law without the governor’s signa-
ture; and all other acts and parts of acts inconsistent with this act so far
as they relate to the city of Hampton. [H B 268]

Approved March 16, 1920.

Whereas, the city of Hampton, a city having a population in excess
of five thousand inhabitants and less than ten thousand inhabitants,
pursuant to chapter three hundred and ninety-two of the acts of
assembly of nineteen hundred and sixteen, as amended by chapter two
hundred and twenty-six of the Acts of Assembly of nineteen hundred
and eighteen, has requested the general assembly of Virginia to grant
a special form of government for the said city as hereinafter mentioned
and set out;

Now, therefore, to the end that the said city of Hampton may
have a special form of government, pursuant to the provisions of
section one hundred and seventeen of the Constitution of Virginia,
as amened, be it enacted by the general assembly of Virginia as

ollows:

Sec. 1. The city and its boundaries —The inhabitants of the terri-
tory comprised within the present limits of the city of Hampton, as
hereinafter described, or as the same may be hereafter altered and
established by law, shall continue to be a body, politic and corporate,
to be known and designated as the city of Hampton, and as such shall
have perpetual succession; may sue and be sued, contract and be
contracted with; and may have a corporate seal, which it may alter,
renew or amend at its pleasure. The present boundaries of the said
city being as follows, to-wit:

Beginning at a point on the center of the bridge over Bright’s
creek, known as “The Dike”; thence running southwesterly up the
center of Bright’s creek a distance of six hundred and twenty-five
(625) feet; thence running southerly by a line parallel with King
street to a point where said line intersects the northerlv side of Union
street, including the northern curb line, until it intersects with the
west curb line of Condor street; thence along anc including the
western curb line of Condor street until it intersects the northern
curb line of Lincoln street; thence westerly along and including the
northern curb line of Lincoln street until it intersects the eastern curb
line of Back river road; thence southerly, but not including, the east-
em curb line of Back river road until it intersects the southern curb
line of Newport News avenue; thence easterly alony and including
the southern curb line of Newport News avenue, until it intersects
the western curb line of South street; thence southerly along and
including the western curb line of South street until it intersects the
southern curb line of Thornett street, or lane; thence easterly along
and including the southern curb line of Thornett street, or lane, until
it intersects the western curb line of Jackson street; thence southerly
along and including the western curb line of Jackson street to low
water mark on Herbert’s creek; thence along Herbert’s creek, follow-
ing the line of low water mark to Hampton creel at a point at low
water mark at the extreme corner of “Cedar Hall,” property of F. W.
Darling ; thence running in a direct line easterly across Hampton creek
to a point at low water mark on the extreme scuthwest corner of the
Hampton Normal and Agricultural Jnstitute grounds. the same being
at the mouth of the creek dividing the Hampton Normal and Agri-
cultural Institute property from the National Soldiers’ Home prop-
erty ; thence running northerly around the shores of }Jampton creek,
following the line of low water mark, to the center of the mouth of
the cove between the property belonging formerly to fi. M. Johnson,
now the property of the Hampton Normal and Agricultural Institute,
and that of Mistress C. M. Bickford, formerly the Tyler property ;
thence along and up the center of said cove in a southeasterly direc-
tion about one hundred (100) feet to a bend in the cove; thence in a
straight line along said cove about five hundred (500) feet to the
northerly and easterly side of Hob Core road; thence southeasterly
along the eastern side of Hob Core road, across the County road, until
it intersects the southern curb line of the County road; thence easterly
along, and including, said southern curb line of said county road to a
stone monument on the western line of the right-of-way of the Hamp-
ton Roads Traction Company, in line with two other stone monuments
on the western line of said right-of-way ; thence from said first named
monument along the line of said monuments north nineteen degrees,
west, across the County road to a monument on the north side of the
said road; thence same course one hundred and twenty-five (125)
feet to a second monument; thence same course three hundred and
eighty-seven (387) feet to the center of the cove in the Tabb property ;
thence down the center of said cove to its mouth at Hampton creek;
thence in a direct line across Hampton creek to low water mark at
the north side of Academy street; thence in a northerly direction
around the shores of Hampton creek following the line of low water
mark except crossing the mouth of the cove north of Locust street, to
center of Bright’s creek; thence along the center of Bright’s creek
to the center of the bridge across said creek, known as “The Dike,”
the same being the point of beginning.

Sec. 2. The said city shall be a saparate magisterial district, a
separate school district, and a separate election district of Elizabeth
City county; and the voting place of said election district shall be at
the court house of Elizabeth City county, in the said city; and the
elections provided for in this act shall be conducted by the same of-
ficers that are now or may hereafter be provided by law to conduct
the elections for county, district and city officers.

The council shall make all necessary rules for receiving and de-
positing the ballots cast for city officers, providing separate ballot
boxes for the same, on which boxes the words “City of Hampton”
shall be painted or printed in letters not less than one and one-half
inches in length.
Sec. 3. Ward and ward lines are abolished.
f

THE COUNCIL.

Sec. 4. The council of the city shall consist of five members who
shall be elected on the second Tuesday in June, nineteen hundred and
twenty, on a general ticket at large, from the electors of the city, and
who shall serve for a term of four years from the first day of Septem-
ber next following the date of their election, and until their successors
shall have been duly elected and qualified; provided, that in the first
election hereunder the three candidates having the highest number of
votes shall serve for four years, and the two candidates having the
next highest number of votes shall serve for two years; the successors
to the two candidates elected for two years to be elected by the quali-
fied voters of the city on the second Tuesday in June, nineteen hun-
drd and twenty-two, for a term of four years,—an election being held
accordingly every two years to elect successors to the councilmen,
whose terms of office expire as herein provided; and provided, further,
that the members of the first council elected hereunder shall have the
power, and it shall be their duty, within ten days after the date of the
certification of their election, to qualify and organize for the sole pur-
pose of electing a city manager, as hereinafter provided; and the
said council shall, if practicable, elect a city manager prior to the said
first day of September, nineteen hundred and twenty, whose active
service shall begin on that day, at the same time as their own. The
council shall be a continuing body, and no measure pending before
such body shall abate or be discontinued by reason of the expiration
of the term of office or removal of the members of said body or any
of them. The council shall elect one of its members to preside over
its meetings, and he shall be ex-officio mayor. He shall have the same
powers and duties as other members of the council and be entitled to
a vote on all questions, but shall have no veto, and he shall be the
official head of the city. With the exception of those officers required
by the Constitution of the State to be elected by popular vote, the mem-
bers of the council shall be the only elective city officials. Any vacancy
in the council, except as otherwise provided in this charter, shall be
filled by the remaining members. Each member of the council shall
receive a salary of one hundred dollars ($100) annually, except the
president, whose salary shall be two hundred dollars ($200) annually,
such salaries to be payable quarterly. Absence from three successive
regular meetings shall operate to vacate the office of a member, unless
the absence is excused by the council by resolution setting forth the
reason thereof, and entered upon the journal.

CITY OFFICERS

Sec. 5. The council shall elect a city manager, a city clerk, a
city attorney and a police justice. All elections by the council shall
be viva voce, and the vote recorded in the minutes of the council. The
council may determine its own rules of procedure; may punish its
members for misconduct, and may compel the attendance of its mem-
bers in such manner and under such penalty as may be prescribed by
ordinances. It shall keep a journal of its proceedings. A majority
of the members of the council shall constitute a quorum to do business,
but a smaller number may adjourn from time to time. The council
shall have at least two regular meetings in each month. For each
absence of a councilman or the president of the council, from a regu-
lar meeting of the council, without a good and sufficient excuse, there
shall be deducted from his pay a sum equal to five per centum of his
annual salary. The president of the council, or any member thereof,
or the city manager, may call special meetings of the council at any
time upon at least twelve hours’ written notice to each member, served
personally or left at his usual place of business or residence; or such
meeting may be held at any time without notice, provided all members
of the council attend. Neither the council nor any of its members
shall dictate the appointment of any person to office or employment
by the city manager, or in any manner interfer with the city manager
or prevent him from exercising his own judgment in the appointment
of officers or employees in the administrative service. Except for
the purpose of inquiry the council and its members shall deal with
the administrative service solely through the city manager, and neither
the council, nor any members thereof, shall give orders to any of the
subordinates of the city manager, either publicly or privately.

Sec. 6. The city clerk, the city attorney, and the police justice
shall be elected prior to the first day of October, nineteen hundred and
twenty, each of whom shall serve for a term of four years from the
first day of October next following the date of his election, and until
his successor shall have been elected and qualified, and shall perform
such duties and receive such compensation as may be hereinafter pre-
scribed.

Sec. 7. The officers provided for in this act, whether appointed or
elected, before entering upon the duties of their respective offices,
shall execute such bond as may be required of each of them, con-
ditioned upon the faithful discharge of their official duties, and shall
qualify before the circuit court of the county of Elizabeth City, Vir-
ginia, or the judge thereof, or the clerk thereof, in vacation. A vacancy
arising in any of the offices provided for herein, whether elective or
appointive, shall be filled by the council for the unexpired term of the
officer vacating such office.

Sec. 8. The president of the council shall preside at meetings of
the council, and perform such other duties consistent with his office
as may be imposed by the council. He shall be recognized as the
official head of the city for all ceremonial purposes, and by the gov-
ernor for military purposes. He may use the title of mayor in any
case in which the execution of contracts, or other legal instruments in
writing, or other necessity arising from the general laws of the State,
may so require; but this shall not be construed as conferring upon
him the administrative or judicial functions, or other powers or func-
1920.] ACTS OF ASSEMBLY. 327

tions of a mayor under the general laws of the State. During his
absence or disability, his duties shall be performed by another mem-
ber appointed by the council, who shall be called president pro tem-
pore.

The powers and duties of the president of the council shall be
such as are conferred upon him by this charter, together with such
others as may be conferred by the council in pursuance of the pro-
visions of this charter, and no others.

Sec. 9. The city clerk shall be chosen by the council from the
electors of the said city. His duties shall be to keep a correct record
of all the proceedings of the council, to provide the requisite books
and stationery, to keep in a well bound book (which book shall be at
all times open to the inspection of the public, and be properly and
conveniently indexed for reference) a true and accurate account of any
special or local assessments, giving a description of the lot on which
said special tax or assessment has been levied, the name of the owner
thereof, and the amount of such special tax or assessment due thereon ;
and perform such other duties as the council may from time to time
prescribe. The city clerk shall receive such compensation as the coun-
cil may deem proper, and before entering upon his duties he shall
execute a bond with surety to be approved by the council, in the penal
sum of one thousand dollars ($1,000), payable to the city of Hampton,
and conditioned upon the faithful discharge of his duties as such city
clerk. The office of the commissioner of the revenue and city clerk
may, in the discretion of the council, be held by the same person.

Sec. 10. The city attorney shall be chosen by the council from
the electors of said city, and shall be the legal adviser of the city,
and shall render urto the city all and every professional act incident to
the office, which may be required of him by the council, any commit-
tee thereof, the mayor or city manager. All matters of law to which
the city may be a party or in any wise interested shall be under his
supervision, direction and control, subject to the direction of the coun-
cil, and he shall receive such salary as the council may deem proper.

Sec. 11. The police justice shall be chosen by the council from
the electors of the city.

The said police justice shall have all the powers and duties of a
justice of the peace, in both civil and criminal matters, and in addi-
tion to such powers and duties it shall be his duty, and he shall have
jurisdiction to enforce the penal laws of the State and city and the
ordinances and resolutions of the council; and he shall have exclusive
Original jurisdiction of all offenses, of whatever nature, against the
ordinances of the city. His jurisdiction shall extend throughout the
corporate limits of the city, and, in criminal matters, for one mile
beyond those limits. In enforcing such laws, ordinances and resolu-
tions he shall have power to enforce and collect all fines and penalties,
and to inflict and impose such other punishments as by said laws,
ordinances or resolutions are ordained as a penalty for any breach
thereof; and to enforce the payment of any fine or penalty imposed
by him for any violation of a city ordinance or resolution, or any
State law, by imprisonment in the city jail. The police justice shall
hold a court each day, except Sunday, to take cognizance of such
cases as may be brought before him under the laws of the State or
the ordinances of the city. In case of the absence from the city, or
inability to act, on the part of the police justice, the council may
designate some person to act in his place, who, when acting, shall
possess the same powers and discharge the same duties as said police
justice, and receive the same rate of compensation. Before.entering
upon the discharge of his duties the police justice shall give a bond
in the penal sum of one thousand dollars ($1,000), to be approved by
the council, payable to the city of Hampton, and conditioned upon
the faithful performance of his duties. He shall receive for his ser-
vices as police justice such a salary as the council may deem proper,
provided the same shall not exceed eight hundred dollars ($800.00)
per year, which said salary shall be in full compensation for all of his
services, and in lieu of all fees whatever; but he may receive, in addi-
tion to his salary, those fees allowed by law for the hearing of civil
cases. He shall tax and collect the usual fees for the trial of cases
for violation of State and municipal laws prescribed by statute or by
the ordinances of the city; and all fees so collected shall be paid unto
the city treasurer monthly. .

Sec. 12. City manager; appointment, qualification and removal.—
The city manager shall be the administrative head of the municipal
government; he shall be chosen by the council without regard to his
political beliefs and simply upon the basis of his executive and ad-
ministrative qualifications; the choice shall not be limited to the
inhabitants of the said city or the State, unless otherwise required by
the Constitution of the State. The city manager shall receive such
compensation as shall be provided by the council by ordinance; he
shall be appointed for an indefinite period, and shall serve at the will
of the council; provided, however, that he may not be removed within
twelve months from the date on which he assumed his duties, except
for incompentency, malfeasance, misfeasance or neglect of duty. In
case of his removal within said period he may demand written charges
and a public hearing thereon before the council prior to the date on
which his final removal shall take effect ; but the decision and action of
the council on such hearing shall be final, and pending such hearing
the council may suspend him from duty. During the absence or
disability of the city manager the council shall designate some prop-
erly qualified person to perform his duties.

Sec. 13. Powers and duties of the city manager.—The city man-
ager shall be responsible to the council for the efficient administra-
tion of all affairs of the city. He shall have power, and it shall be
his duty:

(a) To see that the laws and ordinances are enforced ;

(b) Except as otherwise provided in this act, to appoint all heads
of departments and all subordinate officers and employees, with the
power to discipline and remove any officer or employee so appointed,
provided that so long as the city fire department shall remain a
volunteer department, he shall appoint all paid officers and employees
of the fire department from a list recommended by that department ;

(c) To exercise supervision and control over all departments and
divisions created hereunder, or that may be hereafter created by the
council ;

(d) To attend all regular meetings of the council, with the right
to take part in the discussion, but having no vote. He shall be entitled
to notice of all special meetings ;

(e) To recommend to the council for adoption such measures
as he may deem necessary or expedient; \

({) To see that all terms and conditions imposed in favor of
the city or its inhabitants in any public utility franchise are faithfully
kept and performed; and, upon knowledge of any violation thereof, to
call the same to the attention of the city attorney, whose duty it shall
be forthwith to take such steps as are necessary to protect and enforce
the same;

(g) To act as budget commissioner, and as such to prepare and
submit to the conncil an annual budget, and also to meke an annual
report to the council, in writing, of the receipts and disbursements on
the part of the city, and an annual statement showing the general con-
dition of the city’s affairs;

(h) To keep the council at all times fully advised as to the finan-
cial condition and needs of the city;

(1) To perform all such other duties as may be prescribed by this
act, or to be required of him by ordinance or resolution of the council.

Sec. 14. At the general election of State officers to be held on
the Tuesday after the first Monday in November, nineteen hundred and
twenty-one, there shall be elected a city treasurer, a city commissioner
of the revenue and a city sergeant, whose term of office shall begin
on the first day of January next succeeding their election, and shall
continue for four years and until their respective successors shall have
been elected and have qualified.

Sec. 15. The city treasurer shall be elected at the time, and in the
manner and for the term provided in section fourteen of this act.
Before entering upon the duties of his office he must execute a bond
with security to be approved by the city council ina penalty not greater
than the amount of city revenue to be received annually by him, nor
less than fifty per centum thereof, payable to the city and conditioned
upon the faithful discharge of his official duties as city treasurer. He
shall collect and keep all funds and other monies belonging to the city,
and pay out the same on the order of the council, attested by the city
clerk. He shall receive no salary, but his compensation for the per-
formance of his duties shall be a commission as follows: Upon all
monies collected from taxes, levies, assessments, fines and penalties,
five per centum of all such amounts collected, up to forty thousand
dollars ($40,000) ; three per centum on all such amounts collected be-
tween forty and sixty thousand dollars, and one per centum on all
amounts collected exceeding sixty thousand dollars ($60,000) ; pro-
vided, that his commission on the proceeds of bonds issued by the
city, or money borrowed by the city, or received from other sources,
he shall receive a commission only of one-fourth of one per centum;
and upon money collected or invested by the city and subsequently
paid back, he shall receive a commission of five per centum upon the
interest only collected thereon, and not upon the principal sum.

Sec. 16. The commissioner of the revenue shall be elected at the
time and in the manner prescribed in section fourteen of this act. He
shall give bond in the penal sum of two thousand dollars ($2,000),
payable to the city, with security to be approved by the council, and
conditioned for the faithful performance of his duties. He shall issue
all State and city licenses and discharge all the duties imposed on him
by this act, by the general law, and as may be required of him by ordi-
nance and resolution of the council. He shall assess all property and
persons properly taxable within the city for State and city purposes,
and extend such taxes and levies on a roll or book for that purpose,—
a copy of which, with the city taxes and levies extended, he shall de-
liver to the treasurer of the city, and another copy thereof with State
taxes and levies extended, he shall deliver to the treasurer of Elizabeth
City county. He shall also deliver a copy of said roll or book to the
commissioner of the revenue of Elizabeth City county, in order that
the commissioner of the revenue of Elizabeth City county may extend
thereon the taxes and levies for county and district purposes ; and shall
also perform such duties as the council may prescribe. He shall re-
ceive for his services such compensation as the general law may pre-
scribe and such compensation as may be allowed by the council for
extending the city taxes and levies.

Sec. 17. The city sergeant shall be elected at the time, in the
manner and for the term provided in section fourteen of this act. Be-
fore entering upon his duties he shall execute a bond with surety to be
approved by the circuit court of Elizabeth City county, or the judge or
clerk thereof, in vacation, in the penal sum of one thousand dollars
($1,000), payable to the Commonwealth of Virginia, and conditioned
upon the faithful discharge of his duties as such sergeant. He shall
have, and perform, only such duties, and receive only such fees as
provided by law for sergeants of towns and as may be conferred on
him by the charter or the ordinances of the city, for which he shall
receive only such compensation as may be provided for by law, and
such compensation as the council may allow him for such duties as
may be performed under the ordinances of the city.

Sec. 18. Powers of the council.—The council shall have all the
general powers vested in it by the Constitution and laws of the State,
and it shall have power to enact ordinances providing for the exercise,
within its jurisdiction, of all powers which the State itself may exer-
cise under the Constitution, except such as may be specially denied
cities by act of the general assembly.

And it shall have power:

(a) To purchase, hold, sell and convey all real and personal
property necessary for its uses and purposes ;

(b) To erect and keep in order all necessary public buildings, and
to establish and regulate public squares, parks, waterfront, wharf prop-
etty, public landings, wharves and docks, in or near the city ; and may
acquire, by purchase, through condemnation, or otherwise, the land
it may deem necessary for such uses;

(c) To secure and protect the inhabitants from contagious, in-
fectious or other dangerous diseases; to compel the abatement and
removal of all nuisances within the city, at the expense of the person
or persons causing the same, or the owner or owners of the grounds
whereon the same shall be; to prevent or regulate the exercise of any
dangerous, offensive or unhealthy business or employment therein ;

(d) To direct the location of all buildings for storing explosives
or combustible substances ; to regulate the sale and use of gun-powder,
nitro-glycerine, fireworks, gasoline, kerosene oil, or other like com-
bustible material; to regulate the exhibition of fireworks, the discharge
of firearms, the sale, purchase and use of same; and the making of
bonfires in the streets, highways, alleys and yards of said city;

(e) 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 and disorderly conduct or exhibitions in the
city, and to expel therefrom persons guilty of such conduct who have
resided therein less than one year;

(f) To make such regulations and orders as will protect its citi-
zens from unsafe houses or walls, and to that end it shall have the
power to cause to be condemned and taken down any such building
or wall; but no such condemnation shall be made, or such house or
wall be taken down, until the owner thereof (or, in case of an infant
or insane person, his guardian or committee) be duly summoned be-
fore the council and allowed reasonable opportunity to show cause
against such action; .

(zg) To provide for the regular and safe construction of houses
in the city for the future; to designate and prescribe, from time to
time, the parts of the city within which no buildings of other than
approved fire-proof material, shall be erected ; and to regulate the con-
struction of buildings in the city so as to protect it against danger
trom fire ;

(h) To open or extend, widen or narrow, curb and pave, the
streets, sidewalks and public alleys in the city; to take care of, super-
vise and control the said streets, sidewalks and alleys; to improve,
and otherwise alter the same; to have the streets properly lighted and
kept in good order; to make or construct sewers and public ducts
through the same, or wherever else deemed expedient, and to require
abutting property owners on the streets or alleys where such sewers
are laid to connect with the same under such rules and regulations as
the council may prescribe; to build bridges or culverts in the said
city ; to prevent or remove obstructions or encroachments over, under
or in the same; to plant or remove shade trees; and to prevent the
cumbering of the streets, alleys, walks, lanes or bridges in any man-
ner whatever. And to acquire, by purchase, through condemnatior
or otherwise, the land, or any interest therein, that it may deem neces-
sary for such uses;

(1) To pass all by-laws, rules and ordinances not repugnant to
the Constitution 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 shall be, granted to, or vested in,
said city or in the council or officers thereof, or which may be neces-
sarily incident to a municipal corporation ;

(j) To impose special or local assessments for local improve-

ments, and enforce payment thereof; subject, however, only to the
limitations prescribed by the Constitution of Virginia as may be in
force at the time of the imposition of such special or local assessments,
and as may be vested in it under the general laws of the State.
' (k) To acquire, by purchase, condemnation, or otherwise, or to
construct or lease, and operate, its own plant, machinery and equip-
ment for supplying its inhabitants, streets, grounds and buildings,
with water, light, power and fuel; and to that end it may acquire, by
purchase or lease, any plant existing in or near the city; and may
acquire lands and franchises outside of the limits of the city; and
may, by purchase, condemnation, or otherwise, acquire easements and
rights-of-way; to purchase, condemn, or otherwise acquire, one or
more locations for a site for fire engine-houses, stables, city buildings,
and for other municipal purposes.

(1) To enforce the payment of fines and costs upon conviction,
for violation of any of the ordinances of the city, by imprisonment in
the city jail, where such fines and costs cannot be otherwise collected.

Sec. 19. Revenue.—The revenue shall be under the control of
the council, and shall be derived from the following sources: Taxes
upon all property, real, personal and mixed, owned or taxable within
the corporate limits,—except such as may be exempted from city
taxation; provided that the rate of city taxation shall not exceed one
dollar and fifteen cents ($1.15) on each one hundred dollars ($100)
valuation on all real and tangible property, and not°to exceed the
limit imposed by the State on other property, for all city purposes.
It may impose and collect license taxes for the city; license for the
sale of merchandise, upon manufacturers, traders, lawyers, physi-
cians, dentists brokers, pawn-brokers, hotels, boarding-house keepers,
keepers of drinking or eating houses, keepers of livery stables, photo-
graph artists of all kinds, agents of all kinds, vendors of medicine,
theatrical and circus companies or other performances or shows,
manageries, jugglers, itinerant salesmen, and all shows and exhibi-
tions for which an entrance fee is required ; upon keepers of pool and
billiard tables, ten-pin alleys, shooting galleries, hawkers, peddlers,
sample-merchants ; upon the business of fire or bankrupt sales; upon
the business of commission merchants living within or without the
city ard buying or selling therein; upon any and all business, occupa-
tions, professions and pursuits; and upon all persons, firms, corpora-
tions, or employments, whether of like kind with any of the foregoing
or not, which it may deem proper, and whether any such person, firm,
corporation or employment be herein specifically enumerated or not,
and whether any tax be imposed thereon by the State or not; upon
wagons, drays, carts, hacks, automobiles, motor-cycles and other
wheeled vehicles and delivery wagons, used for business, within the
city, whether the owners reside, or their place of business is within or
without the limits thereof; upon dogs and other animals; and upon
all monies owned by or credits due to any person living in the city;
all capital of persons having a place of business in the city and doing
business therein and employed in said business, though the said busi-
ness may be conducted beyond the city ; provided that so much of said
capital as is invested in real estate, or employed in the manufacture
of articles outside the limits of the city, shall not be taxed as capital ;
all stocks in incorporated joint stock companies doing business in the
city and by whomsoever owned and not exempt by law from taxation ;
income, interest on money, dividends of banks or other corporations ;
provided that no capital, interest, income, or dividend shall be taxed
when a license or other tax is imposed upon the business in which said
capital is employed, or upon the principal money, credit or stocks
from which the interest, income or dividend is derived; nor shall a
tax be imposed at the same time upon stock of a corporation and upon
dividends thereof.

Assessments upon stocks and bonds shall be according to the
market value thereof.

As to all such business, firms, corporations or employments the
council may lay a direct tax, or may require a license tax therefor,
under such regulations as it may prescribe; and from fines, penalties
and costs imposed for violation or non-observance of the ordinances,
by-laws and resolutions adopted pursuant to this act.

The council may subject any person who, without having obtained
a license therefor, shall do any act, or follow any employment, busi
ness or profession in the city for which a license is required by ordi-
nance, to such fine, penalty or imprisonment as it is authorized to im-
pose for any violation of its laws. —

Sec. 20. There shall be a lien on all real estate, and on each
and every interest therein, for the city taxes assessed thereon, from
the commencement of the year for which they were assessd, and also
for all local assssments which may be made thereon according to law.
There shall also be a lien on any lands or premises for the amount
of the expense incurred by the city in abating any nuisance thereon,
or cutting or removing weeds therefrom, after notice to the owner
thereof, by publication or otherwise, as may be provided by ordinance.
A list showing all such unpaid municipal taxes, levies, assessments or
expenses incurred as aforesaid, with the name of the person against
whom, and a description of the property upon which the same is
charged, shall be docketed in a book or books kept for that purpose in
the office of the city treasurer, and indexed in the name of the person
or persons owning such estates or lands at the time the said lien ac-
crued; provided, however, that the lien for the amount of any local
improvements, or for the expense of abating any nuisance, or cutting
or removing weeds, from any premises shall not be good against a
purchaser, for value, without notice, of such land or premises, except
and until from the time the same shall be docketed in said book or
books in the name of the person or persons owning such estate or lands
at the time the lien accrued. The city treasurer shall make a report
to the council at its regular session in February of each year of all
real estate in the city delinquent for city taxes; assessments or charges
thereon for two years from the date when the same became a lien on
said real estate. The council shall approve, or amend and approve, the
said list, and give the treasurer due credit for the amount of delinquent
taxes on the list as approved; and thereupon the council shall direct
the treasurer to sell the said several parcels of real estate so returned
and approved delinquent, or so much thereof as may be necessary, for
the taxes, assessments and charges thereon, with interest and such per-
centage as it may prescribe; and unless the same shall be previously
paid, the treasurer shall make sale to the highest bidder, for cash, at
the front door of the courthouse of the said city on the first Tuesday
in August thence next ensuing, after having published notice of such
sale in one of the daily newspapers published or having a general cir-
culation in the city, for at least once, not less than twenty days previ-
ous to such sale, with a list of the several parcels of real estate to be
sold, and describing therein such parcel as it is described on the as-
sessment rolls for the year for which it is delinquent, together with
the name of the person to whom each parcel is assessed and the amount
of the taxes, assessments or charges thereon, with interest and charges,
to which notice shall be appended a notice of the time and place of
the sale. Such sale may be adjourned from day to day until com-
pleted; on such sale the city treasurer shall execute to the purchaser
a certificate of sale in which the property purchased shall be described,
and the aggregate amount of taxes or assessments, with interest,
charges and expenses, specified; and if at any such sale no bid shall
be made for any parcel of land equal to the city taxes, assessments
and charges with the interest and charges thereon, then the same shall
be struck off to the city, and the city treasurer shall execute to the
city a certificate of sale as herein provided in the case of any other pur-
chaser, and shall deposit such certificate with the city clerk. The
owner of any real estate so sold, his heirs or assigns, or any person
having a lien upon, or right to charge, such real estate for debt, or
any person having any interest in said real estate, may redeem the
same by paying to the purchaser, his heirs or assigns, within two
years from the sale thereof the amount for which the same was sold
and such additional taxes thereon as may have been paid by the pur-
chaser, his heirs or assigns. The purchaser of real estate sold for
taxes, assessments and charges and not redeemed shall, after the
expiration of two years from the sale, obtain from the city treasurer
a deed conveying the same wherein shall be set forth what appears
of record in the city treasurers’ office in relation to the sale. When
the purchaser has assigned the benefit of his purchase, the deed may,
with his assent, evidenced by his joining therein, or by a writing an-
nexed thereto, be executed to his assignee. If the purchaser shall
have died his heirs or assigns may move the circuit court of Elizabeth
City county to order the city treasurer to execute a deed to them.
When the purchaser of any real estate sold for taxes, assessments or
charges thereon, his heirs or assigns, shall have obtained a deed there-
for, and within sixty days from the date of such deed, shall have
caused the same to be recorded in the clerk’s office of Elizabeth City
county, the right or title to such real estate shall stand vested in the
grantee in such deed as it was vested in the person assessed with
the taxes, assessments or charges on account whereof the sale was
made, at the commencement of the year at which said taxes were
assessed thereon, or at the time the said assessments or charges were
assessed thereon, or in any person claiming under such person not-
withstanding any irregularity in the proceeding under which the said
grantee claims title, unless such irregularity appears on the face of
the proceedings ; provided, however, that if the taxes, assessments or
charges thereon, for the non-payment of which the sale was made,
were not in arrears, and such fact be proved by the party entitled to
such real estate, such deed shall be void.

Sec. 21. Courts.—The city shall continue, in every respect, within
the jurisdiction of the circuit court of Elizabeth City county, Virginia,
in which county it is situated; and there shall be one and the same
circuit court for the city and the said county. There shall be, for the
said county and city, but one courthouse and county clerk’s office,
and the county clerk of the said county shall continue, in all respects,
as the clerk of the said circuit court. Such court shall continue to
be known as the circuit court of Elizabeth City county. Virginia, in
which said county the city is located; and such court shall have the
same jurisdiction in the city, in all respects, as corporation or hustings
courts have in other cities, in so far as such jurisdiction is applicable
to cities of the second class. There shall be one jail for both city and
county, of which the sheriff of Elizabeth City county shall be ex-
officio jailer.

Sec. 22. County and district officers —All county, district court
officers, and all notaries public of Elizabeth City county, of which the
city is a part, whether heretofore or hereafter elected or appointed,
shall except as othdfwise herein provided, continue to exercise and
have the same rights and privileges, and perform the same duties, and
have the same jurisdiction, and receive the same fees in the city as
they would receive were the city a magisterial district onlv of said
county ; and the qualified voters residine within the city of Hamnton
shall be entitled to vote for county and district officers at the general
election for countv officers of the courtv of Elizabeth City as if sefch
“ty were not a city of the second class.

The electoral board for the said citv of Hampton shall be appointed
by the circuit court of the county of Elizabeth City, or the judge
thereof, in vacation, in conformity with the provisions of section
thirty-one of the Constitution of Virginia.

The poor of said city shall continue to be supported and maintained
in the same way, and in the same manner, and with the same class
of funds, as before the town of Hampton became a city.

Sec. 23. Magisterial and school districts; levies—The city of
Hampton shall constitute one separate magisterial district and one
separate school district of the county of Elizabeth City, in which it
is located; and it shall continue to elect all district officers for such
magisterial district in the manner provided by law, and the school
trustees, and other school officers of such school district, whether
elected or appointed, shall bear the same relation to the county school
system as that existing before the city was declared to be such. There
shall be but one superintendent of schools for the city of Hampton and
the county of Elizabeth City.

The board of supervisors of Elizabeth City county shall have the
same power and authority to levy a tax for county, school, and dis-
trict purposes—except road purposes—upon all property within the
corporate limits of the city as it has upon property in the remainder
of the county, without the corporate limits of such city, and all State,
county, school and district levies—except road taxes or levies—shall
continue to be collected and disbursed by the treasurer of Elizabeth
City county in the same manner as if the city had not been declared
to be such. ,

Sec. 24. When city may borrow money; bonds.—The council of
the city, whenever, in the opinion of a majority of its members, ascer-
tained by a recorded affirmative vote of all the members elected to
the council, it is to the interest of the municipality to do so, may
borrow money for the uses and purposes of the municipality, should
the voters so elect, in the manner prescribed by the Constitution and
the general laws of the State.

The city is hereby authorized and empowered to borrow any such
sum or sums, not exceeding the aggregate of eighteen (18) per centum
of the assessed valuation of the real estate in the munieipalitv, sub-
ject to taxation as shown by the last preceding assessment of taxes
upon the faith, credit and property thereof, and to issue bonds therefor,
signed by the mayor and attested by the clerk; provided that such
bonds shall not be sold at less than their par value, nor bear interest
at a rate exceeding six (6) per centum per annum; and shall become
due and payable not exceeding forty years from the date of their issue.
And the council, acting hereunder, shall make proper provision for the
payment of the annual interest unon such bonds as mav be issued un-
der this act, and shall provide a sinking fund for the retirement thereof
at or before maturity. The coupons thereof shall be receivable for
city taxes. | |

Sec. 25. Existing ordinances.—All ordinances and resolutions of
the city of Hampton in force at the time of the taking effect of this
act, not inconsistent with its provisions, shall continue in force until
amended or repealed.
Sec. 26. Constitutionality—If any section or provision of this act,
or any part of any section, shall be declared unconstitutional, the
part so declared unconstitutional shall cease to be operative, but
the remainder of this act, and every section, or part thereof, not so de-
clared unconstitutional shall continue to be the law governing this

Sec. 27. Investigations—The council and the city manager, or
either of them, shall have power to make investigations as to the city’s
affairs, and for that purpose to subpoena witnesses, administer oaths
and compel the production of books and papers. Any person refusing
or failing to attend, or to testify, or to produce such books and papers,
may, by summons issued by the president of the council or the city
manager, be summoned before the police justice of the said city, and
upon failure to give satisfactory explanation of such failure or refusal,
may be fined by the police justice, not exceeding one hundred dollars
or imprisoned not exceeding thirty days; such person to have the right
of appeal to the circuit court of Elizabeth City county. Any person
who shall give false testimony under oath at any such investigation
shall be liable to prosecution for perjury.

Sec. 28. Purposes of this act—The provisions of this act shall be
so interpreted, applied and construed as to organize and govern the
city of Hampton in the same manner as towns in this Commonwealth
are organized and governed, except so far as the provisions of the
Constitution and the provisions of this act prohibit such interpretation,
application and construction; and to this end all acts and parts of acts
inconsistent with the provisions of this act are hereby repealed,
amended or modified so far as the same are necessary to conform
to the government of a citv of the second class under this act; but in
all other respects, where the general law is applicable, the same shall
remain in force.

All acts and parts of acts in any way concerning the city of
Hampton, and the rights of the neople thereof or any of them, not
inconsistent with this act, shall be in full force to all intents and
purposes as if this act had never been passed.

Sec. 29. When act takes effect—lIt being necessary to hold a
municipal election in the city of Hampton, for the election of council-
men on the second Tuesday in June, nineteen hundred and twenty,—
the electors of the said city having adopted a change in the form of
government of said citv. so as to have the city manager plan with
five councilmen elected at large, in accordance with the provisions of
an act of the general assemblv of Virginia, entitled an act to provide
for change in the form of government of cities having a population
of Jess than one hundred thousand. and of towns. and to provide in
what manner sich cities and towns mav adont such form of govern-
ment. annroved March twentieth. nineteen hundred and sixteen, as
amended by an act approved March fourteenth, nineteen hundred and
eighteen.

An emergency is hereby declared to exist by reason thereof, and
this act shall be in effect from and after the date of its passage.