Chap. 309.—An ACT <to provide a new charter for the city of Bristol, and to
* repeal all acts or parts of acts in conflict therewith, and to declare all con-
tracts and obligations heretofore or hereafter made by the present council
and government of the city of Bristol and all powers heretofore or here-
after exercised by them, while in‘ office, to be legal and valid. [H B 93]

Approved March’ 19, 1920.

“Be it enacted-by: the. general assembly of Virginia as follows:

Sec. 1. Gontracts and éxercise of power of present council legal
and valid.—All contgacts and obligations of the city of Bristol hereto-
fore or hereafter made by the present council and government by them,
while in office, not inconsistent with this charter and the general laws
and Constitution of the eState, shall be and are hereby declared to
be valid and legal. , , +

Sec. 2. . The city corporate-—The inhabitants of the city of Bristol,
Virginia,.as its limits-are or hereafter may be established, shall con-
tinue to bea body, poljtic and cerporate, to be known and designated
as the city of Bristol, and as such shall have and may. exercise all
powers which 4re pow: or hereafter may be conferred upon, or dele-
gated to, cities under the Constitution and laws“of the Commonwealth
of Virginia as‘ fully and complete?fy as though said powers were
specifically enumerated herein, and no enumeration of particular
powers by this charter shall beheld to be exclusive. oy.

Sec. .3. City boundaries—The corporate limits of the city of
Bristol, Virginia, until altered.as provided by.law, shall embra¢e, the
territory within the following boundaries, to-wit: . Beginning on, the
State liné, between the States of Virginia and Tennessee,’ at the, ppint
where Beaver ereek* crosses said line on State street, betweet, the
cities of Bristol, Tennessee, and Bristol, Virginia, and ruhnjng thence
east along said State line for the distance of one miles ; thence rinming

a due course north’ for-the distance of one mile ; thence rupaing. west
) a oe

* - $8

a} ; ; ‘= é
parallel with said State line for the distance of two miles; thence
running a due course south to the said State line; and thence along
said State line east to the beginning.

Sec. 4. Powers of the city of Bristol—In addition to the powers
mentioned in section two hereof, the said city of Bristol shall have the
following powers :

(1) To raise annually by taxes and assessments in said city such
sums of money as the council thereof shall deem necessary for the
purposes of said city, and in such manner as said council shall deem
expedient, in accordance with the Constitution of this State and of the
United States ; provided, however, that it shall impose no tax on the
bonds of said city. ~

(2) Toimpose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations
prescribed by the Constitution of V irginia as may be in force at the
time of the imposition of such special or local assessments.

(3) Subject to the provisions of the Constitution of Virginia and
of this charter, to contract debts, borrow money and make and issue
evidence of indebtedness.

(4) To expend the money of the city for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation or other-
wise; property, real or personal, or any estate or interest therein,
within or without the city or State and for any of the purposes of the
city; and to hold, improve, sell, lease, mortgage, pledge or otherwise
dispose of the same or any part thereof, including any property now
owned by the city.

(6) To acquire, in any lawful manner, for the purpose of encotr-
aging commerce, manufacture, education, and the building of homes,
lands within and without the city, net exceeding at any one time one
thousand acres in the aggregate, and from time to time, to sell, dis-
pose of, lease, or donate the same or any part thereof for commercial,
industrial, education, or residential uses and purposes, including any
land: now owned by the city, and including the power to donate any
land now or hereafter owned by the city for hospital purposes.

(7) To make and adopt a comprehensive plan for the city, and
to that end all plats and re-plats sub-dividing any land within the city
into streets, alleys, roads, and lots or tracts shall be submitted to and
approved by the council before such plats or re-plats are filed for
record-or recorded in the office of the clerk of the corporation court of
the city of Bristol, Virginia.

(8) Construct, maintain, regulate and operate sitbtic improve-
ments of all kinds, including municipal and other buildings, armories,
comfort stations, markets, and all buildings and structures necessary
or appropriate for the use and proper operation of the varioug de-
partments of the city; and to acquire by condemnation or otherwise
all lands, riparian and other rights and easements necessary for such
improvements, or any of them.

(9) To acquire in any lawful manner in any county of the State,
or without the State, such water, lands, property rights and riparian
rights as the council of said city may deem necessary tor the purpose
of providing an adequate water supply for said city and of piping or
conducting the same; to lay all necessary mains; to erect and maintain
all necessary dams, pumping stations and other works in connection
therewith; to make reasonable rules and regulations for promoting
the purity of its said water supply and for protecting’ the same from
pollution ; and for this purpose to exercise full police powers and sani-
tary patrol over all lands comprised within the limits of the water
shed tributary to any such water supply wherever such lands may ‘be
located in this State; to impose and enforce adequate penalties for
the violation of any such rules and regulations; and to prevent by
injunction any pollution or threatened pollution of such water supply
and any and all acts likely to impair the purity thereof; and for the
purpose of acquiring lands, interest in lands, property rights and
riparian rights or materials for any such -use to exercise within the
State all powers of eminent domain provided by the laws of this State;
provided, that the lands which may be held in this State by said city
for such purpose shall not exceed, in the aggregate, thirty thousand
acres, at any one time. For any of the purposes aforesaid said city
may, if the council shall so determine, acquire by condemnation, pur-
chase or otherwise, any estate or interest in such lands or any of them
in fee, reserving to the owner or owners thereof such property rights
Of easements therein as may be prescribed in the ordinance provided
for such condemnation or purchase. :

(10) To merge its water supplies, waterworks and water proper-
ties, in whole or in part, either with or without its distribution system,
with that of the city of Bristol, Tennessee, including any corporation
owned or controlled by the city of Bristol, Tennessee, under joint
ownership, control and. operation, either incorporated or unincorpo-
rated, as may, by the city council, be determined best, and to join with
the city of Bristol, Tennessee, in acquiring and developing additional
water-supplies in the States of Virginia or Tennessee, or both. Such
joint ownership, control and operation. of such water systems, in so far
as the city of Bristol, Virginia, is concerned may be effectuated
and managed either directly by the council of the city or by such of
its councilmen, officers, or citizens or by such other persons as may be
authorized to do so by ordinance and election by the council.

(11) To acquire, by purchase, or exchange, or by the exercise of
the power of eminent domain, any spring, springs, water-supplies, pipe
lines, reservoirs, land, property, easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein, in
the State of Virginia, which is now, or may be at the time, used for
supplying the inhabitants of any part of any other State, or any city
in any. other State, with water.

And to exercise the power of eminent domain for the purpose of
acquiring or taking any or all spring, springs, water-supplies, pipe
lines, reservoirs, lands, property, easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein,
in the State of Virginia, now or hereafter owned by the city of Bristol,
Tennessee, or by any person, firm or corporation holding the title to
the same for the city of Bristol, Tennessee, or supplying water to the
city of Bristol], Tennessee, or to the inhabitants of Bristol, Tennessee,
from sources in the State of Virginia.

And to exercise the power of eminent domain for the purpose of.
acquiring or taking any or all spring, springs, water-supplies, pipe
lines, reservoirs, land, property. easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein,
in the State of Virginia, now or hereafter owned by any private,
quasi-public service, or public service corporation, incorporated under
the laws of Virginia, or any other State, for the purpose of sup-
plying, or supplying the city of Bristol, Virginia, or its inhabitants,
with water, notwithstanding any provision to the contrary in section
thirty hundred and thirty-one, or other section or sections, of the
Code of Virginia. :

The powers of eminent domain granted in the foregoing provisions
of sub-section (eleven) of section four of this chapter shall in no
event be defeated, limited or abridged by reason of any ‘contract
now or hereafter in force between the city of Bristol, Virginia, and
the city of Bristol, Tennessee, or Bristol-Goodson Water Company,
or ,

(12) To establish, impose and enforce water rates and rates and
charges for public utilities, or other service, products, or conveniences,
operated, rendered or furnished by the city; and to assess, or to cause
to be assessed water rents directly against the owner or owners of the
buildings, or against the proper tenant or tenants, and may by ordi-
nance provide that where charges are made against tenants, the owner
or ownets shall be directly liable in case such tenant or tenants fail
to pay when the rents or charges are assessed. ; |

(13) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys,
boulevards and parkways, and to alter or close the same; to establish
and maintain parks, playgrounds, and other public grounds; to con-
struct, maintain and operate bridges, vidducts, subways, tunnels, sewers
and drains, and to regulate the use of all such highways, parks, pub-
lic grounds and works; to plant and maintain shade trees along the
streets and upon such public grounds; to prevent the obstruction of
such streets and highways, abolish and prevent grade crossings over
the same by railroads in the manner prescribed by general law for
the elimination of grade crossings; to require any railroad company
operating a railroad at the place where any highway or streets ts
crossed within the city limits to erect and maintain at such crossing
any style of gate deemed proper and keep a man in charge thereof, or
keep a flagman at such crossing, during such hours as the council may
require in accordance with the provisions of section thirty-nine hundred
and ninety-eight and other sections of the Code of Virginia; and to
regulate the length of time such crossings may be closed due to any
operations of the railroads; to regulate the operation, weight of load
and speed of all cars and vehicles using’ the same, as well as the opera-
tion and speed of all engines, cars and trains, or railroads within the
city; to regulate the services fo be rendered, including routes traversed,
436 ACTS OF ASSEMBLY. : [VA

and rates charged by buses, motor cars, cabs and other vehicles fot
the carrying of passengers and by vehicles for the transfer of baggage
to permit railroads and street car lines to be built in the streets and
alleys, and to determine and designate the route and grade thereof.
and to specify and require the proper construction and maintenance
of the streets between the rails and on either side thereof for such
distances as such streets may be. affected by the construction, operation,
repair or maintenance of such railroads or street car lines, and to re-
quire the reconstruction of so much of said streets as may bé damaged
by the removal of such railroads or street car line; to permit or pro-
hibit poles and wires for electric, telephone and telegraph purposes toa
be erected and gas pipes to be laid in the streets and alleys, and to
prescribe and collect an annual license charge for such privileges,
heretofore or hereafter granted; to require the owner or lessee of
any electric light, telephone or telegraph pole, or poles or wires now
in use or hereafter erected, to change the location or move the same;
to require all telephone and telegraph wires and all wires and cables
carrying electricity, now in use or®hereafter used, to be placed in
conduits underground and prescribe rules and regulations for the con-
struction and use of such conduits; to open, lay out, and improve new
streets across the track or tracks, yard or yards, of any railroad in
the city, and any such new or existing street or streets may cross any
such track or tracks, yard or yards, of any railroads in the city, in
the discretion of the council, either at grade, or pass above or below
any such existing structure or structures ; provided, that after due no-
tice to such railroad company and full opportunity to be heard and
after the council shall have decided whether such crossing shall be
made at grade, or pass above or below any such existing structure or
structures, the plans and specifications for such crossing as the council
shall have determined upon, shall be submitted to the principal agent
of such railroad company in the city, and in the event the city and
railroad company cannot within sixty days thereafter agree upon such
plans and specifications, or cannot agree in regard to the division of
the cost of constructing such crossing, then the city shall submit such
plans and specifications to the State,corporation commission, and the
State corporation commission, after reasonable notice to such railroad
company and after hearing such evidence as either party may adduce,
shall approve, or revise and approve, the plans for such crossing as the
council shall have determined shall be made, or substitute such other
plans or character of crossing, whether at grade, overhead or under-
pass, as the State corporation commission may deem proper under
all the facts, circumstances and conditions in the case, and the State
corporation commission shall determine what part of the cost of con-
structing such crossing shall be paid by the city, if any, and what
part by the railroad company, but in no event shall the city be re-
quired to pay more than one-half thereof, and after such crossing
shall have been constructed, it shall be maintained, within the limits
of the railroad right of way, by such railroad company or by the lessee
thereof; and to do all other things whatsoever adapted to make said
streets and highways safe, convenient and attractive.
1920. ] } ACTS OF ASSEMBLY. 437

(13%) To acquire by gift, purchase, exchange, or by the exercise

of the power of eminent domain within this State, lands, and any in-
terest or estate in lands, rock quarries, gravel pits, sand pits, water
and water rights, and the necessary roadways thereof, either within
or without this State, and acquire and install machinery and equip-
ment, and build the necessary roads or tramroads thereto, and operate
the same for the purpose of producing materials required for the
construction, repair and maintenance of streets, highways, sidewalks,
water works, reservoirs, sewers, public buildings, and any and all
public improvements, and to sell any surplus of such materials for
private purposes; and to acquire by gift, purchase, exchange, or by
the exercise of the power of eminent domain within this State, lands
and machinery and equipment, and build and operate a plant or plants
for the preparation and mixing of materials for the constriction of
improved streets and other public improvements, and the maintenance
and repair thereof, and to build and operate coal tipples and yards
in connection therewith.
(14) To construct and maifftain, or aid in constructing and main-
taining, public roads, State highways, boulevards, parkways and
bridges, beyond and within ten miles of the limits of the city, in order
to facilitate public travel to and from said city and its suburbs, and
to and from said city and any property owned by said city and situated
beyond the corporate limits thereof, regardless of distance, and to
acquire land and property rights necessary for such purpose by con-
demnation or otherwise.

(15) To establish, construct and maintain sanitary sewers, sewer
lines and systems and to require the abutting property owners to
connect therewith and to establish, construct, maintain and operate
sewage disposal plants, and to acquire by condemnation or otherwise,
within or without the city, all lands, rights of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to
charge and collect reasonable fees or assessments or costs of service
for connecting with and using the same.

(16) In connection with its system of sewerage, the city may con-
tinue to use Beaver creek and Little creek as sewers, and to this end
the council.may at any time order the channel of said Beaver creek
or Little creek to be so altered, widened, deepened, straightened, im-
proved, or the location thereof changed, as it may think proper, and
such wall or walls to be constructed along its banks as will tend to
prevent overflow; and said city of Bristol is hereby authorized and
empowered to condemn, in the manner provided by law, any land, or
interest in land, or any riparian rights, or any property rights, neces-
sary for the purpose of so altering, widening, deepening, straightening,
improving or changing the location of the channel of said Beaver creek
or Little creek within the said city of Bristol. ,

The city of Bristol is further authorized and empowered to change
the location of the channel of any other creek or creeks within the city
and to acquire by condemnation or otherwise any land, or interest in
land, or any riparian rights, or any property rights within the city,
necessary for such purpose.
438 = - . - ACTS OF ASSEMBLY. [va.

(17) - To join with the city of Bristol, Tennessee, in the construc-
tion, maintenance, use and operation of a sanitary sewer line or lines
and sewerage disposal plant, either within the State of Virginia or
Tennessee, or both, ahd to acquire by condemnation or otherwise, any
lands, interest in lands, properties, property rights and riparian rights
necessary thereto. a

* (18) Subject to the provisions of the Constitution of Virginia
and of this charter to grant franchises for public utilities.

(19) To collect and dispose of sewage, offal, ashes, garbage, car-

casses of dead animals, and other refuse, and to acquire and operate
reduction or other plants for the utilization or destruction of such
materials, or any of them; to contract for and regulate the collection
and disposal thereof, and to require and regulate the collection and
disposal thereof.
, (20) Tocompel 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 premi#es whereon the same may be,
and to collect said expense by suit or motion or by distress and sale;
to require all lands, lots and other premises within the city to be kept
clean and sanitary and free from stagnant water, weeds, filth and
unsightly deposits, or to make them so at the expense of the owners
or occupants thereof, and to collect. said expense by suit or motion,
or by distress and sale; to regulate or prevent slaughter houses or
other noisome or offensive business within said city, the keeping of
hogs or other animals, poultry or other fowl therein, or the exercise
of any dangerous or unwholesome 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, and prevent
unnecessary noise; to regulate the location of stables and the manner
in which they shall be kept and constructed; to regulate the location,
construction and operation and maintenance of bill-boards, and gen-
erally to define, prohibit, abate, suppress and prevent all things de-
trimental to the health; morals, aesthetics, safety, convenience and wel-
fare of the inhabitants of the city. |

(21) To inspect, test, measure and weigh any commodity or
article of consumption or use within the city, and to establish, regulate,
liéense and inspect weights, meters, measures and scales.

(22) To provide by ordinance for a system of meat inspection,
and appoint meat inspectors, agents or officers to carry the same into
effect, license, regulate, control and locate slaughter. houses within or
without the corporate limits of the city. The city may acquire by
lease or purchase and may hold property for use as a slaughter house,
either within or without the corporate limits of the city; and may
grant an exclusive franchise to any person or corporation to conduct a
slaughter house.within the city for a reasonable length of time, not to
exceed thirty years, subject to the regulations and on the conditions
prescribed by the council, and in compliance with the general laws of
the State as to the granting and selling of franchises and public prop-
erty by cities and towns. : |
1920.] ACTS OF ASSEMBLY. ~ 43S

(22) To extinguish and prevent fires and to compel citizens
to render assistance to the fire department in case of need, and to
establish, regulate and control a fire department or division; to regu-
late the size, height, materials and construction of buildings, fences,
walls, retaining walls and other structures hereafter erected in such
manner as the public safety and conveniences may require; to remove
or require to be removed or reconstructed ‘any building, structure or
addition thereto which by reason of dilapidation, defect of structure,
or other causes, may have become dangerous to life or property, or
which may be erected contrary to law; to establish and designate from
time to lime fire limjts, within which limits wooden buildings shall
not be constructed, removed, added to; enlarged or repaired, and. to
direct that any or all future buildings within such limits shall be
constructed of stone, natural or artificial, concrete, brick, iron or other
fireproof material ; and may enact stringent and efficient laws for. se-
curing the safety of persons from fires in halls and buildings t used for
public assemblies, entertainments or amusements.

(23) To charge and to collect fees for permits to use public
facilities and for public service and privileges.

(24) To provide for the care, support and maintenance of chil-
dren and of sick, aged, insane or poor persons and paupers.

(25) To establish as hereinafter provided a child welfare board,
through which to provide for making money allowances to aid in main-
taining and educating poor and destitute children.

(26) To establish, organize and administer public schools and
libraries subject to the ‘general laws establishing a standard of educa-
tion for the State.

(27) To provide and maintain, either. within or without the city,
charitable, recreative, curative, corrective, detentive or penal institu-
tions.

(28) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace or safety of
the city from coming to said city from without the same; and for this
purpose to require the owner of. any conveyance bringing such person
to the city to take such person back to the place whence he was brought,
or enter into bond with satisfactory security that such person shall not
become a charge upon said city within one year from the date of his
arrival; and also to expel therefrom any such person who has been in
said city less than ninety days; also to expel from the city all persons
found therein dangerous to the peace, safety and welfare of the city or
any person who may be advocating the overthrow of the Federal,
State or municipal government by force or violence or inciting the
people, or any of them, to riot, or to any unlawful effort against the
social, governmental, industrial, educational or moral welfare of the
people.

(29) To provide for the preservation of the general health of the
inhabitants of said city, make regulations to secure the same, inspect
all foods and foodstuffs and prevent the introduction and sale in said
city of any articles or thing intended for human consumption, which
is adulterated, impure or otherwise dangerous to health, and to con-
3 5 \w a ea ws & hy Te a & Bh Of OTe 27S 4S 8 | in

demn, seize and ‘destroy or otherwise dispose of any such article
or thing without liability to the owner thereof; prevent the intro-
duction or spread of contagious or infectious diseases, and prevent
and suppress disease generally; to provide and regulate hospitals
within or without the city limits, and if necessary to the suppression
of diseases, to enforce the removal of persons afflicted with contagious
or infectious diseases to hospitals provided for them; to construct and
maintain or to aid in the construction and maintenance of a hospital
or hospitals for the use of the people of the city; to provide for the
organization of a department or bureau of health, to have the powers
of a board of health, for said city, with the aythority necessary for
the prompt and efficient performance of its duties, with power to in-
vest any or all the officials or employees of such departments of health
with such powers as the police officers of the city have; to establish
quarantine ground within or without the city limits, and such quaran-
tine regulations against infectious and contagious diseases as the coun-
cil may see fit, subject to the laws. of the State and of the United
States; to provide and keep records of vital statistics and compile
the return of all births, deaths and other information necessary thereto.

(30) To acquire by purchase, gift, devise, condemnation or other-
wise, lands, either within or without the city, or both, to be used,
Kept and improved as a ‘place for the interment of the dead, and to
make and enforce all necessary rules and regulations for the protection
and use thereof; and generally to regulate the burial: and disposition
of the dead. :

(31) To accept and receive, unconditionally or upon conditions,
absolutely or in trust, gifts, grants, bequests and devises of any kind
of property, real or personal for educational, charitable or other public
purposes; and to do all the things and acts necessary to carry out the
purposes of such gifts, grants, bequests and devises, with power to
manage, maintain, operate, sell, lease or otherwise handle or dispose
of the same, in accordance with the terms and conditions of such
gifts, grants, bequests and devises.

(32) To acquire by purchase, gift, devise or condemnation prop-
erty adjoining its parks, or lots on which its monuments are located,
or other property used for public purposes, or in the vicinity of such
parks, plats or property which is used and maintained in such a man-
ner as to impair the beauty, usefulness or efficiency of such parks,
plats or public property, and may likewise acquire property adjacent
to any street, the topography of which, from its proximity thereto,
impairs the convenient use of such street, or renders impracticable,
without extraordinary expense, the improvement of the same, and
the city may subsequently dispose of the property so acquired, making
limitations as to the use thereof, which will protect the beauty, use-
fulness, efficiency or convenience of such parks, plats and property.

And when the city proposes to open or widen a street, or change
the channel of a creek, by taking any part of a block or square in
uch manner that the value of the property abutting the proposed
street or creek would be injuriously affected, unless the property on
such block or square is replatted and the property line or lines re-
1920. | ACTS OF ASSEMBLY. 441

adjusted, then and in that event the city at the same time it acquires
the land for said street or creek channel may, in its discretion, alsa
acquire by purchase, gift, condemnation or otherwise all or any part
of the property on such squares or blocks and may subsequently
replat and dispose of the property so acquired, in whole or in part,
making such limitations as to the uses thereof as it may see fit.

(33). To exercise full police powers and establish and maintain
a department or division of police. - oe

(34) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the peace and good
order; to prevent and quell riots, disturbances and disorderly assem-
blages ; to suppress houses of ill-fame and gambling houses ; to prevent
and punish lewd, indecent and disorderly exhibitions in said city, and
to expel therefrom persons guilty of such conduct who have not re-
sided therein as much as one year.

(35) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals and similar shows or fairs, or
prohibit the holding of the same or any of them within the city.

(36) To make and enforce ordinances similar to the prohibition
laws of the State.

(37) The city is authorized to exempt by four-fifths vote of the
members of the council the buildings, machinery and equipment of
factories and industries from city taxes for a reasonable period of
time not exceeding ten years in any event.

(38) To establish, maintain and operate a market or markets in
and for said city; prescribe the times and places for holding the
same ; and to make and enforce such regulations as shall be necessary
to prevent huckstering, forestalling or regrating.

(39) To provide for the development of power and light and the
distribution and sale of same, and to construct, own, maintain and
operate facilities necessary thereto, and to acquire by condemnation
or otherwise, within or without the city, land, interests in land, water
power sites, easements, property, and property rights necessary for
such purpose. ,

(40) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the city
or its inhabitants.

(41) To prescribe any penalty for the violation of any city ordi-
nance, rule or regulation or of any provisions of this charter, not
exceeding five hundred dollars or twelve months imprisonment in jail,
or both.

(42) To join with the city of Bristol, Tennessee, in the construc-
tion, maintenance, cleaning and sanitation of State street, or any other
street on the State line, and in the regulation and routing of traffic
along and over the same; to join with the city of Bristol, Tennessee,
in the establishing and regulating jitney, motor vehicles and other
public service passenger routes, and in fixing and regulating the charges
for such passenger carrying service; to authorize the appointment and
qualification of police officers of the city of Bristol, Tennessee, as
police officers in the city of Bristol, Virginia, and to permit and au-
thorize the appointment of police officers of the city of Bristol, Vir-
ginia, as police officers in the city. of Bristol, Tennessee; to join. with
the city of Bristol, Tennessee, in any plan, arrangement or contract to
promote or maintain the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the city
of Bristol, Virginia, or its inhabitants, or to secure additional water for
the city of Bristol, Virginia, and its inhabitants, but this grant of
power or the exercise thereof shall in no event defeat, limit or abridge
the right of the city of Bristol, Virginia, to exercise the power of
eminent domain as set out in section four, sub-sections (nine) and
(eleven) of this charter.

(43) To pass and enforce all by-laws, rules, regulations and ordi-
nances 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, court or officers
thereof, or which may be necessarily incident to a municipal corpora-
tion. |

The city of Bristol may maintain a suit to restrain by injunction
the violation of any ordinance, notwithstanding punishment may be
provided for the violation of such ordinance.

Sec. 5. Wards.—The city shall be divided into. three wards, as
follows: The first ward shall consist of that portion of the city lying
west of the following line: Commencing at the intersection of State
and James streets, and running thence along the middle of James
and Johnston streets to the termination of the same; and thence a
straight line to the corporation limits on the north; the second ward
shall consist of all that portion of.the city lying east of the first ward
and west of the following line: Commencing on State street at the
intersectidreof State and Front streets and running thence along the
middle of Front and Russell Streets to the termination of the same;
and thence a straight line to the corporation limits on the north; and
the third ward shall consist of all that portion of the city lying east
of the second ward. The city council shall have the power to re-
arrarige or increase but not to diminish the number of wards of said
city.

Sec. 6. Creation of council—There is hereby created a council
which shall have full power and authority, except as herein otherwise
provided, to exercise all the powers conferred upon the city, and to
pass all laws and ordinances relating to its municipal affairs, subject
to the Constitution and general law of the State and of this charter.

Sec. 7. Composition of council and vacancies.—The council shall
consist of five members, who shall be elected on a general ticket from
the city at large and shall serve for a term of four years from the
1920. ] , ACTS OF ASSEMBLY. 443

first day of September next following the date of their election and
until their successors shall have been duly elected and qualified.

Vacancies in the council, except as otherwise provided by genera!
laws, shall be filled within thirty days, for the unexpired term, by a
majority vote of the remaining members.

Sec. 8. Qualification of members.—Any person qualified to vote
in the city shall be eligible to the office of councilman.

Sec. 9. Limitations on powers and disqualifications—(a) Any
member of a council who shall have been convicted of a felony while
in office shall thereby forfeit his office.

(b) No members of the council or other officer shall be inter-
ested directly or indirectly in the profits of any contract or work, to
be financially interested directly or indirectly in the sale to the city
of any land, materials, supplies or services (other than official ser-
vices ). Any member of the council or any other officer of the city,
offending against the provisions of this section, shall, upon convic-
tion thereof, be fined not more than five hundred dollars or be 1m-
prisoned not more than ninety days, or both, in the discretion of the
court, and shall forfeit his office. The prohibitions of this section
shall not apply if the council shall declare by unanimous vote of the
members thereof that the best interests of the city are served despite a
personal interest direct or indirect.

(c) Except for the purpose of 1 inquiry, the council and its mem-
bers shall deal with the administrative service solely through the city
manager, and neither the council nor any member thereof, shail give
orders to any of the subordinates of the city manager, either public
or privately. Any such orders or other interferences on the part of
the council or any of its members with subordinates or appointees
of the city manager, instead of dealing or communicating direct with
the city manager, is prohibited.

Sec. 10. Organization rules of the council—(a) At nine o’clock
ante meridian on the first day of September following a regular mu-
nicipal election, or if such day be Sunday, then on the day following,
the council shall meet at the usual place for holding the tffeetings of
the legislative board of the city, at which time newly elected council-
men shall assume the duties of their office. Thereafter the council
shall meet at such times as may be prescribed by ordinance or resolu-
tion, except that they shall regularly meet not less than once each
month. The mayor, any member of the council, or the city manager
may call special meetings of the council, at any time upon (at least
twelve hours) written notice, with the purpose of said meeting stated
therein, 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. No busi-
ness other than that mentioned in the call shall be considered at such
meetin

(b) All meetings of the council shall be public and any citizen
may have access to the minutes and records thereof at all reasonable
times.
(c) The council shall elect one of its members as chairman, who
shall be entitled mayor; also a city manager, a city clerk, a city at-
torney and a city auditor.

The council shall also appoint the members of such boards and
commissions as are hereinafter provided for. The council may appoint
all such other boards and commissions as may be deemed proper, and
prescribe the powers and duties thereof, under the supervision of the
director of the department pertaining thereto. The council may deter-
‘mine its own rules of procedure, may punish its own members for mis-
conduct and may compel attendance of members. It shall keep a jour-
nal of its proceedings. A majority of all members of the council
shall constitute a quorum to do business, but a smaller number may
adjourn from time to time, and compel the attendance of absentees.
All elections by the council shall be viva voce and the vote recorded
in the journal of the council.

Sec. 11. Powers of mayor.—The mayor shall preside at meetings
of the council and perform such other duties consistent with his of-
fice as may be imposed by the council and he shall have a vote and
voice in the proceedings but no veto. He shall be the official head of
the city. In times of public danger, or emergency, he, or during his
absence or disability, then the city manager, may take command of
the police and maintain order and enforce the laws, and for this pur-
pose, may deputize such assistant policemen as may be necessary.
During his absence or disability, except as above provided, his duties
shall be performed by another member appointed by the council. He
shall authenticate by his signature such instruments as the council,
this charter, or the laws of the State shall require.

Sec. 12. Appointments or elections.—On the first day of Septem-
ber following the regular municipal election and organization of the
council, or as soon thereafter as may be practicable, the council shall
elect a city manager, a city clerk, a city auditor and a city attorney
and such other officers as may come within their jurisdiction, each of
whom shall serve at the pleasure of the council; provided, that the
council may elect the city clerk, city auditor and city attorney for
terms of one year each, beginning September first, subject to removal
by the council for cause, and in no event shall the council elect any
officer for a term extending beyond the thirty-first day of August next
succeeding each regular quadrennial municipal election for members of
the council.

ORDINANCES.

Sec. 13. Legislative procedure—Except in dealing with parlia-
mentary procedure the council shall act only by ordinance or resolu-
tion, and with the exception of ordinances making appropriations, or
authorizing the contracting of indebtedness, shall be confined to one
subject.

Sec. 14. Enactment.—(a) Each proposed ordinance, or resolu-
tion, shall be introduced in written or printed form, and the enacting
1920. | ACTS OF ASSEMBLY. 445

clause of all ordinances passed by the council shall substantially be,
“Be it ordained by the council of the city of Bristol, Virginia.”

(b) No ordinance, or resolution having the effect of an ordi-
nance, or resolution permitting the violation of an ordinance, unless
it be an emergency measure, shall be passed until it has been read
at two meetings not less than one week apart, one of which shall be
a regular meeting and the other of which may be either an adjourned
or called meeting, provided the requirement of a second reading by
the affirmative vote of four members of the council may be confined to
the reading of the title only. Any ordinance or resolution read at one
such meeting may be amended and passed as amended at the next such
meeting, provided that the amendment does not materially change the
ordinance. No ordinance shall be amended unless such section or sec-
tions as is intended to be amended shall be re-enacted. The ayes and
noes shall be taken and recorded upon the passage of all ordinances
or resolutions and entered upon the journal of the proceedings of the
council. Except as otherwise provided in this charter an afhrmative
vote of a majority of the members elected to the council shall be neces-
sary to adopt any ordinance or resolution.

Sec. 15. Emergency measures.—(a) No ordinance passed by the
council shall take effect until at least thirty days from the date of its
passage except that the council may, by the affirmative vote of three
of its members, pass emergency measures to take effect at the time
indicated therein. ,

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or provid-
ing for the daily operation of a municipal department. The emergency
shall be stated in every such measure. Ordinances appropriating
money may be passed as emergency measures, but no measure selling:
or conveying any real estate or making a grant, renewal or extension
of a franchise or other special privilege or regulating the rate to be
charged for its service by any public utility, shall ever be so passed.

Sec. 16. Record and publication—(a) Every ordinance or reso-
lution having the effect of an ordinance when passed shall be recorded
by the city clerk in a book kept for that purpose, and shall be authen-
ticated by the signatures of the presiding officer and the city clerk.

(b) Every ordinance of a general or permanent nature shall be
published in full once within ten days after its final passage by post-
ing a copy thereof at the front door of the courthouse and at two
other public places in the city or when ordered by the council, by
publication in a newspaper published or circulated in the city for such
time as the council may direct; provided that the foregoing require-
ments as to publication shall not apply to ordinances reordained in
or by a general compilation or codification of ordinances printed by
authority of the council.

(c) <A record or entry made by the city clerk or a copy of such
record or entry duly certified by him shall be prima facie evidence of
the terms of the ordinance and its due publication.

All ordinances and resolutions of the council may be read in
446 ACTS’ OF ASSEMBLY. [va.

evidence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from the original record thereof,
from a copy thereof certified by the city clerk, or from any volume
of ordinances printed by authority of the council.

Sec. 17. Printing—The council shall, from time to time, direct
the publication, with suitable index, of the city ordinances.

NOMINATIONS AND ELECTIONS.

‘Sec. 18. Municipal elections—A municipal election shall be held
on the second Tuesday in June of every fourth year after the year
nineteen hundred and nineteen, and shall be known as the regular
municipal election for the election of councilmen. All other municipal
elections that may be held shall be known as special municipal elec-
tions except-the election mentioned in section twenty hereof.

Nothing in the laws of the State applying to party registration,
enrollment or other party procedure, shall apply to registrations,
nominations, and elections held hereunder. Except as herein otherwise
provided registration, nominations and elections held under this char-
ter shall be in accordance with the general laws of the State.

Sec. 19. Method of conducting municipal elections.—The candi-
dates at any regular municipal election for the election of councilmen,
equal ig number to the places to be filled, who shall receive the high-
est number of votes at such election, shall be declared elected. .

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and no
elector shall in such election cast more than one vote for the same
person.

In counting the vote any ballot found to contain a greater number
of names for the office of councilmen than the number of vacancies
in the council to be filled shall be void, but no ballot shall be void for
containing a less number of names than is permitted hereby..

Sec. 20. Election of other officers—There shall be elected by the
qualified voters of said city, on the Tuesday after the first Monday
in November, nineteen hundred and twenty-one, and quadrennially
thereafter, the following officers : one attorney for the Commonwealth,
one commissioner of the revenue, one city treasurer, and one city sef-
geant, who shall hold their office for the term of four years from the
first day of January ensuing their election and until their successors
are duly elected and qualified, unless sooner removed from office; and
there shall be elected by the qualified voters of said city on the Tues-
day after the first Monday in November, nineteen hundred and twenty-
seven, and every eight years thereafter, one clerk of the corporation
court of the city of Bristol, whose term shall begin and end as 1s now,
or may hereafter be prescribed by the general assembly of this State.

The attorney for the Commonwealth, commissioner of the revenue,
city treasurer and city sergeant shall qualify before the clerk of the
corporation court, and the clerk of the corporation court shall qualify
before the judge of said court, unless otherwise provided by general
law, in which event the general law shall govern.
1920.] ACTS OF ASSEMBLY. . 447

™,

THE CITY MANAGER.

Sec. 21. General provisions —The city manager shall be the ‘ad-
ministrative and executive head of the municipal. government. He
shall be chosen by the council solely on the basis of his executive and
administrative qualifications. The choice shall not be limited to in-
habitants of the city or State. 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 without a public hearing or written
charges prior to his final removal, if he so desires, but during such
hearing the council may suspend him from office. During the absence
or disability of the city manager the council shall designate some
properly qualified person to perform the daties of the office.

Sec. 22. Powers and duties of the city manager.—The city man-
ager shall be responsible to the council for the proper administration
of all affairs of the city coming within his jurisdiction under this
charter, the general law or the ordinances or resolutions of the council.
He shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) Such city officers and employees as the council shall deter-
mine are necessary for the proper administration of the city shall be
appointed, and may be removed by the city manager, except those
in the financial, legal and judicial departments and the clerjcal and
other attendants of the council; but the city manager shall report
each appointment and removal to the council at the next meeting
thereof following any such appointment or removal; to see that all
terms and conditions imposed in favor of the city or its inhabitants in
any public utility franchise or any contract are faithfully kept and
performed; upon knowledge of any violation thereof to call the at-
tention of the same to the council, whose duty it shall be forthwith to
direct such steps as are necessary to protect and enforce the same.

(c) To exercise supervision and control over all departments and
divisions created therein, or that may be hereinafter created by the
council and have general supervision over all public improvements,
works and‘undertakings, except as otherwise provided in this charter.

(d) To attend all meetings of the city council with the right to
take part in the discussion but having no vote.

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

(f) To prepare the annual budget and keep the city council fully
advised as to financial conditions and needs of the city.

(zg) To make all such contracts in behalf of the city as may be
authorized by this charter, or in accordance with the provisions of the
appropriations made by the council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council.

(h) Unless and until provided by the council, he shall act as
city purchasing agent.
(1) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the city
council.

ADMINISTRATIVE DEPARTMENTS.

Sec. 23. Enumeration of departments.—The following administra-
tive departments are hereby created:

(a) Department of law.

(b) Department of finance.

_(c) Department of public works and utilities.

(d) Department of ptblic safety.

(e) Department of public welfare.

Sec. 24. Directors of departments.—(a) At the head of each de-
partment there shall be a director; provided that unless and until the
council shall otherwise provide by ordinance the city manager shall
be director of all departments except the department of law. Unless
and until otherwise provided by ordinance the city attorney shall be
director of the department of law.

(b) The council shall by ordinance determine and prescribe the
functions of each department and may create new departments, com-
bine existing departments and establish new departments for special
work, when in its opinion, the proper administration of the city re-
quires it.

(c) Except the directors of the departments of law and finance,
who shall be appointed by and be immediately responsible to the coun-
cil, the director of each department shall be appointed by and be
immediately responsible to the city manager for the administration of
his department, and each director shall be chosen on the basis of his
general executive and administrative experience and ability, and his
education, training and experience in the class of work which he ts to
administer.

Sec. 25. The city clerk.—The city clerk shall be elected in the
manner and for the term provided by this charter. He shall be the
clerk of the council, shall attend all meetings thereof, and shall keep
a permanent record of its proceedings. He shall keep all papers, docu-
ments and records pertaining to the city of Bristol, Virginia, the cus-
tody of which is not otherwise provided for.

(b) He shall be custodian of the city seal, and shall affix it to all
documents and instruments requiring the seal, and shall attest the
same. He shall give to the proper department or officials ample notice
of the expiration or termination of any franchises, contracts or agree-
ments. :

(c) He shall upon final passage transmit to the proper depart-
ments or officials copies of all ordinances or resolutions of the coun-
cil relating in any way to such departments or to the duties of such
officials. He shall perform such other duties as are required by this
charter or by the council by ordinance or resolution.

Sec. 26. The city treasurer—(a) The city treasurer shall be the
disbursing agent of the city and have the custody of all monies, the
city clerk’s bond and all evidences of value belonging to the city or
held in trust by the city.

(b) He shall receive all monies belonging to and received by the
city and keep a correct account of all receipts and expenditures. He
shall collect all taxes, assessments, water rents, and other charges be-
longing to and payable to the city, and for that purpose be vested
with any and all powers which are now or may hereafter be vested in
such city treasurer as collector of State taxes.

(c) He shail pay no money out of the treasury except in the
manner prescribed in this charter. :

(d) He shall keep and deposit all monies or funds in such manner

and only in such places as may be determined by ordinance or by the
provisions of any law applicable thereto.
_ (e) He shall be subject to the supervision of the director of
finance and shall perform such other duties not inconsistent with his
office, have such powers and be liable to such penalties as are now
or may hereafter be prescribed by law or ordinance.

(f) He shall make all such reports and perform such other duties
not inconsistent with his office as may be required by the director of
finance or by ordinance or resolution of the council. _

(g) The said treasurer shall not be entitled to any commission
whatsoever, for handling the orders of the court, releasing the er-
roneous assessment on either real or personal property, and any at-
tempt by said treasurer to charge a commission on said release orders
of court shall subject him to the firie herein provided, and removal
from office. ;

(h) The said treasurer in his annual settlements with the city
shall present to the council his account with the auditor of the State,
so that it may determine what amount of compensation the State has
paid him.

(i) Unless otherwise provided by this charter, no money shall be
paid into the treasury, nor shall the treasurer receive any money except
upon the presentation of a proper form authorizing such payment and
receipt, which form shall show the source and amount of such money,
and shall be signed by some authorized officer of the city, and either
signed or countersigned by the auditor, or the form so signed shall
be issued by the auditor in such manner as to enable him to keep
an absolute check upon the officer or officers signing same and the
treasurer, and the auditor shall keep a record thereof; and no license,
permit or other authorization for which the party receiving same 1s
required to pay money to the city shall be valid unless and until the
treasurer receipts the same, giving the amount and date of such
receipt.

Sec. 27. The city auditor—(a) The city auditor shall keep
books of account of the receipts from all sources and expenditures of
all departments.

(b) He shall, in a suitable book or books kept for that purpose,
keep an accurate account with the city treasurer, and all entries to
be made therein shall, if practicable, be made on the date which they
occur, and the accounts so kept that an examination of said book
or books at any time will show the condition of the treasury. He
shall as soon as the commissioner of the revenue completes the land
and personal property books take the copies of said books, which the
commissioner is required to furnish the city, carefully audit said books,
comparing them with the books of the previous year. The land
book shall be compared with the assessors book and the list of
transfers furnished by the clerk of the corporation court and the per-
sonal property book shall be compared with the books of the previous
year, and the said auditor shall procure a copy of the poll-books used
in the election next preceding the assessment from which said books
were made, and he shall ascertain which of the citizens and voters, if
any, have not been assessed by the commissioner of the revenue, and
the list of those not assessed shall be laid before the city council at its
next meeting. The said auditor shall examine said books and see that
the amount of tax is correctly extended in accordance with the rate
of taxation at that time in force, and the column of said book shall
be carefully audited and the errors therein, if any, shall be corrected.
The commissioner of the revenue is required to be present and render
the auditor such assistance as he may desire, and in case of a disagree-
ment between the commissioner and the auditoy, the director of finance
shall, upon being notified, at once determine the question in dispute;
when said books are corrected and audited the total thereof shall be
charged to the city treasurer on his account. The said auditor shall
take. the delinquent lists required to be furnished him by the treasurer
and lay the same before the director of finance, and it shall be the duty
of said director of finance to carefully examine said delinquent report
of both real and personal tax. (If said treasurer has returned any
tax, either real or personal, delinquent that should not under the pro-
visions of the law of the State and the ordinances of the city have
been returned delinquent, the said director of finance shall refuse to
allow him credit therefor and shall strike from the delinquent report
any and all such taxes; after said report has been corrected as herein
provided, the auditor will credit the treasurer with the amount of
the same.

.(c) He shall, subject to the supervision of the director of finance,
prescribe a method of keeping accounts for all departments and of-
fices of the city, which method shall be uniform as near as practicable
and conform to laws of the State applicable thereto.

(d) He shall perform such other duties as may be required of him
by this charter or by the director of finance, or by the council. _

(e) Unless and until otherwise provided by ordinance the duties
of the offices of city clerk and city auditor shall be performed by one
official and supervision of the director of finance under this section
shall apply only in so far as it pertains to duties of the auditor.

Sec. 28. The city attorney—(a) Together with the mayor, the
city attorney shall have the management, charge and entire control of
all the law business of the city and shall be the legal adviser of and
the attorney and counsel for, the municipality and all its officers in
matters relating to their official duty ; he shall give written opinions to
any officers or department or official commission of the city, when
requested so to do, and shall file a copy of the same with the city
clerk.

(b) He shall conduct for the city all cases in court whenever the
city is a party thereto, and upon request of the mayor or city manager
he shall appear before the police justice to represent the city for viola-
tion of ordinance.

(c) He shall prepare or officially pass upon_all contracts, bonds
and instruments in writing in which the city is concerned, and shall
certify before execution as to the legality and correctness of form.

(d) He shall perform such other duties as may be prescribed
by this charter or by the council.

Sec. 29. The commissioner of revenue—The commissioner of
revenue shall, subject to the supervision of the director of finance, per-
form such duties not inconsistent with the laws of the State in rela-
tion to the assessment of property and license taxes as may be re-
quired by the council for the purpose of levying city property and
license taxes.

(b) He shall have power to administer oaths in the performance
of his official duties.

(c) He shall perform such other duties not inconsistent with his
office as may be prescribed for him in this charter, by the director of
finance or by the council.

Sec. 30. The purchasing agent—(a) The city council shall
designate some officer of the city other than the auditor or treasurer
as its purchasing agent, by whom all purchases of supplies for the
city shall be made, and who shall approve all vouchers for the pay-
ment of same. He shall also conduct all sales of personal property
that may be, by the proper official or officials declared of no further
use to the city.

(b) All purchases and sales shall conform to such regulations
as the council may from time to time prescribe, but in either case
opportunity for competition shall be given if the amount involved is
in excess of two hundred dollars, except in case of emergency.

(c) Unless and until the council shall otherwise provide, the city
manager of the city shall act as such purchasing agent.

Sec. 31. Police justice—(a) The office of police justice is hereby
created for said city, and the judge of the corporation court shall ap-
point one of the justices of the peace, the mayor or some other proper
person, preferably a lawyer, to perform the duties of the police jus-
tice as hereinafter prescribed. He shall be appointed in the month
of August, nineteen hundred and twenty, and every year thereafter.
His term of office shall begin the first of September next after his
appointment and continue for a term of one year and until his succes-
sor is appointed and qualified. He shall receive such fees as herein
provided and may be paid a salary to be fixed by the city council, or
in lieu thereof, he may be paid a salary to be fixed by the city council.

(b) He shall possess all the jurisdiction and exercise the powers
and authority in civil and criminal cases of a justice of the peace
within the limits of said city, and within one mile thereof, and also
all power conferred upon police justices by the general laws of this
State, and in addition to said powers and duties, it shall be his duty
to enforce the penal laws and ordinances of the city, and like ordi-
nances and resolutions of the council; his jurisdiction shall extend as
to all ordinances, resolutions and orders of the council, to the cor-
porate limits of said city. In enforcing the laws and ordinances of the
city, he shall have authority to impose such fines and penalties and
inflict such punishment as by the laws and ordinances ordained.

(c) The maximum limit of his jurisdiction in civil cases shall
be three hundred dollars, and he shall have original jurisdiction to try
attachment cases where the amount involved is not over three hun-
dred dollars, and where the matter in controversy does not exceed
ten dollars, his judgment shall be final.

(d) An appeal may be taken from the judgment of the police
justice in imposing penalties for violation of city ordinances to the
corporation court of the city, except in cases where the penalty 1m-
posed is a fine not exceeding ten dollars, in which case it shall be
final.

(e) He shall have power to enforce the payment of any fine or
penalty imposed by him for violation of city ordinances by imprison-
ment in the city jail.

(f) He shall hold court every day except Sunday, when the same
miay be held to take cognizance of such cases as may be brought be-
fore him under the laws of the State, or ordinances of the city, and
at such place as shall be prescribed by the council. ;
— (g) The said police justice shall perform any other duties as-
signed him by the council not inconsistent with the Constitution and
laws of this State.

(h) In case of the absence from the city or inability to act in any
particular case, said police justice may designate one of the justices
of the peace or other 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 compensation, provided. that if
such absence or inability shall continue more than two days, such
designation shall be made by the judge of the corporation court.

(i) Any vacancy occurring in the office of the police justice may
be filled by the judge of the corporation court, and said police justice
may be removed by said judge for malfeasance, misfeasance, incom-
petence and neglect of official duty; and such removal shall be
deemed a vacation of the office, but all proceedings under this section
shall be by order or motion before said court upon reasonable notice
to the party to be affected thereby.

(j) The police justice shall keep a regular account of all fines,
forfeitures, and costs imposed for the violation of the city ordinances,
and make such reports as may be required by ordinance or resolution
of the council. The chief of police shall collect such fines, forfeitures
and costs and report and pay over the same monthly or oftener as
1920. ] ACTS OF ASSEMBLY. 453

required. The police justice shall, until otherwise provided in accord-
ance with section thirty-one (a) of this charter, receive such fee as
a justice of the peace, and a fee of fifty cents for each warrant issued
or tried, or submitted for violation of city ordinances, to be assessed
in the case as other costs of trial; but in no case shall said fee of
fifty cents be paid by the city.

(k) The account of fines and forfeitures herein directed to be
kept shall be kept in a suitable book for that purpose, and the said
police justice shall enter all cases coming before him on the said
books, and shall enter the amount of the fine, and give the disposition
of the case as soon as he has disposed of the same.

(1) If the police justice fails or refuses to perform any of the
duties required of him by this act, or by the city council, he shall be
fined not less than five dollars nor more than one hundred dollars for
each offense, and he and the sureties on his official bond shall be liable
for all damages, which may accrue to the city or any other person by
reason of such failure or refusal. ;

Sec. 32. Justices of the peace—There shall be elected by the
qualified voters of said city of Bristol on Tuesday after the first Mon-
day in November, nineteen hundred and twenty-one, and every four
years thereafter, one justice of the peace for each ward of said city,
who shall be residents of their respective wards, and who shall hold
office for a term of four years and until their successors are elected and
qualified, and shall perform such duties and possess the jurisdiction
provided by law for justices of the peace generally; but every justice
of the peace shall have jurisdiction over and exercise his powers in the
entire city.

Sec. 33. Procedure before a police justice and justices of the
peace.—The procedure before the police justice and justices of the
peace of the city of Bristol shall conform to the procedure provided by
general laws for police justices and justices of the peace.

Sec. 34. Constable——There shall be elected by the qualified voters
of said city on Tuesday after the first Monday in November, nine-
teen hundred and twenty-one, and every four years thereafter, one
constable for said city, who shall hold his office for a term of four
years and until his successor shall be appointed and qualified. Said
constable shall keep his office in some convenient place in the city,
and shall receive such compensation for his services as is allowed by
law. He shall have the same powers and duties, and shall be subject
to the same penalties as prescribed by law for other constables. Said
power shall be exercised and performed by him within the corporate
limits of said city and within the county of Washington, and said
constable shall also have the same power and duties as the sergeant of
said city, and may execute any process, civil or criminal, that may
be executed by said sergeant or by the sheriff or constable of Wash-
ington county, within said county and said city. And he shall perform
such other duties as is required by law, or as the city council may
prescribe, and receive such compensation in addition to the fees al-
lowed by law as said council may allow.
Sec. 35. The city sergeant—A city sergeant shall be elected at
the time, in the manner and for the term provided in section twenty
of this. charter. He shall attend the terms of the corporation court
for said city and act as the officer thereof, and shall receive therefor
such compensation as the court may allow, so that the same be not
more than three hundred dollars per annum. The said sergeant is
hereby vested with full powers of a policeman, and is authorized and
empowered to make arrests for all violations of the city ordinances,
and shall perform such other duties as may be prescribed by law, or by
the council, and for any and all duties imposed upon him by the said
council, he shall receive such amounts for the performance thereof
as the council may determine. The sergeant may, with the approval
of the judge of the corporation court for the city of Bristol, appoint
a deputy or deputies, who may be removed from office by said ser-
geant or by the corporation court, without notice to said deputy.
During the continuance in office of said sergeant, his deputy or depu-
ties may discharge any of the duties of the office of sergeant, but the
sergeant and his sureties shall be liable therefor.

Sec. 36. Attorney for the Commonwealth.—An attorney for the
Commonwealth shall be elected at the time, in the manner and for the
term provided in section twenty of this charter. He shall prosecute
all cases for the Commonwealth in the corporation court of said city.
He shall be eligible for appointment as city attorney.

Sec. 37. Clerk of the corporation court—(a) A clerk of the cor-
poration court of the city of Bristol shall be elected at the time, in
the manner and for the term provided in section twenty of this charter.
He shall be eligible for appointment as city clerk and city auditor.

(b) He shall, at the end of each fiscal year or oftener if required
by the council, furnish a statement of city delinquent taxes, tax on
deeds and all other taxes, levies and assessments collected or col-
lectible by him. All sums collected by him for or on account of the
city shall be paid over to the city treasurer in the manner and at the
time, or times, provided by the council.

(c) The said clerk shall furnish all lists, statements and reports
that the council may require of him, or that is provided by this charter.

(d) For all allowances made against the city by the courts, or by
the laws of the State. for any account, claim, warrant, for jurors’ or
witness’ attendance, the said clerk shall issue as soon as allowed by
the court, and called for by the party or his agent, to whom said
allowance is made, an order on a suitable form for that purpose. re-
taining a proper stub for all orders so issued, upon the city auditor,
which said order shall direct the city auditor to issue a voucher on the
city treasurer for the sum so allowed, and said order shall state for
what the allowance is made, and any other matter required by the
court or city council. And no such order shall be issued in any other
name than in the name of the party to whom the allowance is made
by the court.

(e) To aid the commissioner of the revenue in his duties, the
said clerk, as required, shall deliver to him such lists as mentioned in
chapter ninety-five of the Code of Virginia, so far as may relate to
lands in the city, and perform such other duties as are or may be re-
quired-by said chapter of the Code of Virginia.

(f) The clerk shall execute such bonds as the judge of the cor-
poration court may fix, and in a penalty prescribed by him, and with
such security as said judge may require. :

(g) If the said clerk fails or refuse to perform any of the duties
required by him. by this charter or the court or city council, he shall
be fined not less than five dollars nor more than one hundred dollars
for each offense, and he and the sureties on his official bond shall be
liable for all damage which may accrue to the city or any other per-
son by reason of such failure or refusal.

FINANCIAL PROVISIONS.

Sec. 3714. Director of finance.—The director of finance shall have
direct supervision over the department of finance and administration
of the financial affairs of the city, including the keeping of accounts
and financial records, the collection of taxes, special assessments and
other revenues, the custody and disbursements of city funds and
monies, and shall perform such other duties as the council may by
ordinance. provide. |

Sec. 38. Accounts, records and reports.—Accounts shall be kept
by the department of finance showing the financial transactions of the
city. The forms and procedure devised shall be adequate to record
all cash receipts and disbursements, all revenue accrued and liabilities
incurred, and all transactions affecting acquisition, custody and dis-
position of values, and to make such reports of the financial trans-
actions and condition of the city as may be required by law or ordi-
nance. Financial reports shall be prepared for each fiscal year, and
for such other periods as may be required by the city manager or the
council. .

Sec. 39. The annual budget.—Not later than sixty days before the
end of each fiscal year,-the city manager shall prepare and submit to
the council an annual budget for the ensuing fiscal year, based upon
detailed estimates furnished by the several departments and other
divisions of the city government, according to a classification as nearly
as possible uniform. The budget shall present the following informa-
tion :

(1) An itemized statement of the appropriations recommended by
the city manager for current expenses and for permanent improve-
ments for each department and each division thereof for the ensuing
fiscal year, with comparative statements in parallel columns of the
appropriations and expenditures for the current and next preceding
fiscal year, and the increases or decreases in the appropriation recom-
mended ; expenditures for the current fiscal year shall include an esti-
mate of expenditures necessary to complete such year.

(2) An itemized statement of the taxes required and the estimated
revenues of the city from all other sources for the ensuing fiscal year,
with comparative statements in parallel columns of the taxes and othe:
revenues for the current and next preceding fiscal year, and the in-
creases and decreases estimated or proposed ;

(3) A statement of the financial condition of the city; and,

(4) Such other information as may be required by the council
or that the city manager may deem advisable to submit.

(5) Copies of such budget shall be printed and be available fo:
distribution not later than two weeks after its submission to the
council; and a public hearing shall be given thereon by the counci
before final action.

Sec. 40. Public improvement contracts, etc—Any public work
or improvement, costing more than one thousand ($1,000.00) dollars.
shall be executed by contract, except where a specific work of im-
provement is, by the council, authorized and directed to be done by
force account, such work to be based on detailed estimates submitted
by the department authorized to execute such work or improvement,
and approved by the city manager. All contracts for more than one
thousand dollars shall be awarded to the lowest responsible bidder in
such manner and under such bond as may be prescribed by ordinance
and after the city manager shall have made due advertisement for
such time as the council may prescribe, by newspaper or posted notices.
But the city manager shall have the power to reject all of the bids
and advertise again; and all advertisements shall contain a reservation
of this right.

In an emergency requiring immediate action the city manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

Sec. 41. Sinking fund provisions—(a) There shall be set apart
annually from the revenues of the city a sinking fund equal to one
per centum on the aggregate outstanding debt of the city, which by its
terms is not payable within one year, and the council may, in its dis-
cretion, annually or from time to time, set aside such additional sink-
ing fund as may be deemed proper.

(b) When the taxes on real and personal property are collected
each year the city treasurer shall take therefrom and deposit in 4
separate account to the credit of the sinking fund commission, in
such bank as the sinking fund commission may designate, said sum
equal to one per centum on the aggregate outstanding debt of the
city, which by its terms is not payable within one year, and such addi-
tional sinking fund as the council may have provided for in the tax
levy and appropriation for that year; and it shall be unlawful for
the council, treasurer or any other officer of the city to use, transfer,
loan or invest such sinking funds except as is provided in this section
or as may be provided by general laws.

(c) All such sinking funds shall be used exclusively in the
payment or purchase and redemption of the outstanding bonds of the
city, and when such sinking funds are not required or may not within
a reasonable time be required for the payment of any bonds of the
city, or cannot be used to advantage in the purchase and redemption
1920. ] ACTS OF ASSEMBLY. 457

of any bonds of the city, which may be outstanding, the same shall
be securely invested in interest bearing municipal, State or govern-
ment bonds or loaned upon otherwise unincumbered real estate, within
the State, upon a basis not exceeding fifty per centum of the fair
cash value of such real estate or invested in other securities approved
by the general laws of the State for the investment of such funds, or
deposited in bank on a reasonable rate of interest. Such sinking
funds may be used in the payment or purchase and a redemption of
serial bonds, as well as term bonds.

(d) The council of the city shall constitute a sinking fund com-
mission for the city, or it may appoint a sinking fund commission
composed of three freeholders who are residents of the city and dele-
gate to such appointed sinking fund commission, its powers and duties
relating to said sinking funds, by ordinance, in which ordinance the
bond of such sinking fund commission shall be fixed.

Sec. 42. Bond issues.—(a) The council may in the name of and
for the use of the city contract debts and make and issue, or cause
to be made and issued as evidence thereof, bonds, notes or other obli-
gations, upon the credit of the city or solely upon the credit of specific
property owned by the city, or solely upon the credit of income derived
from property used in connection with any public utility owned and
operated by the city. But except as provided in sub-section (b) of
this section no debt shall hereafter be contracted for a longer period
than that of the probable life of the work or object for which the debt
is to be contracted, to be determined by the director of public works
and by him certified to the council. The probable life of no public
improvement shall be considered to be over thirty years, except that
the probable life of public buildings other than schoolhouses may
be forty years; concrete bridges, forty years; and parks or other real
estate, fifty years.

(b) Bonds issued for the refunding of previous issues shall in
no case be for a greater period than thirty years.

(c) In lieu, however, of creating a sinking fund, or sinking funds,
as in section forty-one herein provided, the city may issue bonds, here-
inafter called “serial bonds,” payable in annual installments, the
first of which shall be payable at any time the council may prescribe
in the ordinance authorizing the issue of such bonds; and the last of
which shall be payable within the period of the probable life of the
work or object for which the debt evidenced by said bonds was
created, ascertained and certified as hereinabove provided. |

(d) Pending the issuance and sale of any bonds, notes or other
obligations by this section authorized, or in anticipation of the receipt
of taxes and revenues of the current fiscal year, it shall be lawful for
the city to borrow money temporarily and to issue notes or other
evidences of indebtedness therefor, and from time to time to renew
such temporary loans, or to use current funds, to be ultimately repaid
from the proceeds of said bonds, notes or other obligations, or from
the city taxes and revenues, as the case may be; provided that the
proceeds of sale of bonds shall not be used, except for the purposes
set out in this sub-section, or for permanent improvements and utilities
or refunding matured issues, unless approved by vote of the people.

(e) Restrictions on loans and credits.—The credit of the city
shall not directly or indirectly, under any device or pretense what-
soever, be granted to or in aid of any person, association or corpora-
tion. The council shall not issue any bands, notes or other obligations
of the city, or increase the indebtedness thereof, to an amount greater
than eighteen per centum of the assessed valuation of the real estate
in the city subject to taxation; provided, however, that in determining
the limitation of the power of the city to incur indebtedness there
shall not be included the classes of indebtedness mentioned in sub-
sections (a) and (b) of section one hundred and twenty-seven of the
Constitution of the State.

(f) Bonds based solely upon the credit of specific property owned
by the city, or solely upon the credit of income derived from property
used in connection with any public utility owned or operated by the
city shall be issued subject to this charter and any law applicable
thereto.

(g) Said council is hereby expressly authorized to execute and
issue such certificates, notes or bonds in the name of the city for the
purpose of erecting any public school building, jail or other public
building, deemed necessary for the public use and benefit.

(h) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued, the
aggregate amount of the bonds, the term for which they shall be
issued, and the maximum rate of interest to be paid thereon. Any
such ordinance may be amended by ordinance at any time before the
bonds to be affected by such amendment have been sold. All other
matters relating to such bonds may be determined by resolution
within the limitations prescribed by such ordinance or by this charter.

(1) However, if there shall be omitted from this charter any
provision essential to the valid authorization, sale, execution and issu-
ance of any of the bonds of said city, the provisions of the general
law with reference to similar bonds shall supply said omission. _

(j) The administration of special assessments shall be affected
in a manner to be prescribed by ordinance; any such assessments are
subject to review before the corporation court of the city.

(k) Any bonds issued by the city under this charter shall be
signed by the mayor and attested by the clerk under the seal of the
city, and shall be made payable at the office of the city treasurer or
such other place, in or out of the State, as the council may provide.
Such bonds shall be advertised by the city manager and sold by the
city treasurer, under supervision of the mayor, city manager and clerk,
and the sale reported to and approved by the council, and the pro-
ceeds from said sale shall be paid to the city treasurer.

Sec. 43. Appropriation ordinance and levy.—At least thirty days
before the end of each fiscal year the council shall pass the annual
appropriation ordinance, which shall be based on the budget sub-
mitted by the city manager, and shall levy such tax for the ensuing
fiscal year as may be necessary to meet the appropriations made, and
all sums required by law to be raised for account of the city debt,
together with such additions, not exceeding five per centum, as may
be necessary to meet commissions, fees and abatements from the estt-
mates in the amount of taxes collected. The total amount of.appro-
priations shall not exceed the estimated revenues of the city.

Sec. 44. Fiscal year——Unless and until otherwise provided by
ordinance the fiscal year of the city of Bristol shall begin July first
and end June thirtieth. ,

Sec. 45. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within the
year of any work, improvement or other object for which a specific
appropriation has been made, the unencumbered balance of such ap-
propriation shall revert to the respective fund from which it was ap-
propriated, and shall be subject to further appropriation; provided,
however, this does not prohibit the council from giving the city man-
ager permission to authorize such transfer within a department as
may be necessary to meet unexpected obligations. No liabilities shall
be incurred by an officer or employee of the city, except in accord-
ance with the provisions of the appropriations made by the council or
under continuing contracts and loans authorized under the provisions
of this charter. ,

Sec. 46. Payment of claims.—Payments by the city shall be made
only upon vouchers certified to by the head of the appropriate depart-
ment or other division of the city government, and by means of
warrants on the city treasurer, issued by the director of finance and
countersigned by the city manager, except that when the city manager
acts as director of finance then such warrants shall be issued by the
city auditor and countersigned by the city manager. The director of
finance or the city auditor, if the city manager is acting as director
of finance, shall examine all pay rolls, bills and other claims and de-
mands against the city and shall issue no warrant for payment unless
he finds that the claim is in proper form, correctly computed and
duly certified; that it is justly and legally due and payable; and
that an appropriation has been made therefor which has not been
exhausted, or that the payment has been otherwise legally authorized ;
and that there is money in the city treasury to make payment. He
may require any claimant to make oath to the validity of a claim. He
may investigate any claim, and for such purpose may examine wit-
nesses under oath and if he finds it is fraudulent, erroneous or other-
wise invalid, shall not issue a warrant therefor. ;

Sec. 47. Certification—No contract, agreement or other obliga-
tion involving the expenditure of money shall be entered into, nor shall
any ordinance, resolution or order for the expenditure of money be
passed by the council or be authorized by an officer of the city unless
the auditor shall first certify to the council or to the proper officer, as
the case may be, that-the money required for such contract, agreement,
obligation or expenditure is in the treasury or safely assured to be
forthcoming and available in time to comply with or meet such con-
tract, agreement, obligation or expenditure; and no contract, agree-
ment, or other obligation involving the expenditure of money pay-
able from the proceeds of bonds of the city shall be entered into until
the issuance and sale of such bonds have been duly authorized in
oo with the provisions of this charter in reference to city
bonds.

Sec. 48. Contingent fund.—Provision shall be made in the annual
budget and annual appropriation ordinance for a reasonable con-
tingent fund for use in any of the affairs of the city. Such contingent
fund shall be under the joint control of the city manager and the
city council.

TAXATION

Sec. 49. License taxes——(a) License taxes may be imposed by
ordinance on businesses, trades, professions and callings and upon the
persons, firms, associations and corporations engaged therein, and the
agents thereof, except in cases where taxation by the localities shall
be prohibited by the general law of the State, and nothing herein
shall be construed to repeal or amend any general law with respect
to taxation.

(b) The council may subject any person, who, without having
obtained a license therefor, shall do any act or follow any business,
occupation, vocation, pursuit, or calling in the city for which a license
may be required by ordinance, to such fine or penalty as it is author-
ized to impose for any violation of its laws.

(c) For every city license granted by the commissioner of reve-
nue under this charter he shall charge a fee of seventy-five cents,
and for transferring a license, the fee shall be fifty cents; all such
fees shall be paid to the commissioner of revenue by the person ob-
taining the license or transfer and such license or transfer may be
withheld until the fees are paid, provided that the council may by
ordinance prescribe that such fees be paid into the city treasury for
city purposes and that the commissioner of revenue be paid a salary in
lieu thereof.

Sec. 50. General taxes—(a) The council may impose a tax of
one dollar per annum upon the male residents of the city who have
attained the age of twenty-one years.

(b) The council may tax deeds and all other papers placed upon
the records in the office of the clerk of the corporation court, any sums
not exceeding like taxes levied by the State. |

(c) The council may impose a tax upon every dog in the city
unless the general law of the State provides for such tax on behalf
of the city.

_(d). The council of the city of Bristol is authorized to and shall
annually order a city levy of so much, as in their opinion is necessary
to be raised in that way, in addition to what may be received for
licenses and from other sources, to meet the appropriations made and to
be made and all sums required by law to be raised for the purposes
of the city. The levy so ordered may be upon the male persons in
the said city above the age of twenty-one, not exempt by law from the
payment of the State capitation tax, and upon any property therein
subject to local taxation and not expressly segregated to the State
for purposes of State taxation only, and on such other subjects as
may be at the time assessed with State taxes against persons residing
therein; provided, however, that said city may levy a tax upon in-
tangible personal property assessed to residents therein and segre-
gated by law to the State for the purposes of State taxation, at any
rate not exceeding the maximum rate provided by law.

It is hereby expressly provided that said council shall, in its: dis-
cretion, be authorized to fix such annual levy on property subject to
taxation in the city of Bristol, for city purposes, without any limit
as to the rate thereof, any provision of the general laws of the State
to the contrary notwithstanding, provided that said council shall not
fix such levy on property partially segregated to the State for pur-
poses of State taxation at a higher rate than is or may be permitted
by the general laws relating thereto.

(e) There shall be a lien on real estate for the city taxes assessed
thereon, from the commencement of the year for which they are as-
sessed. The city council may require real estate in the city delinquent
for the non-payment of taxes to be sold for said taxes, with interest
thereon, and such per centum as they prescribe for expenses of col-
lection, and they may regulate the terms on which real estate so de-
linquent may be sold or redeemed; provided, that such sales shall
be made subject to the prior lien of the Commonwealth for taxes. .

‘The city shall also have a lien for its taxes or levies upon all
such corporate property as it is authorized to tax under section one
hundred and seventy-six of the Constitution, said lien shall, subject
to the prior lien of the State for taxes, take precedence of all other
liens or incumbrances. . | 4

All city taxes shall be due and payable as and when similar State
taxes are due and payable, provided that the council may prescrib
otherwise by ordinance.

(f) The city treasurer shall make a report to the city auditor in
the month of June of each year of all real estate in the city delinquent
for city taxes assessed thereon in the city delinquent for city taxes
assessed thereon for the next preceding vear, and the city auditor
shall lay the same before the director of finance who shall carefully
check the same and promptly report the same to the council, and
the council shall approve, or amend and approve the same, and if
the said treasurer has returned any tax delinquent that should not
under the provisions of the law of the State and the ordinances of
the city have been returned delinquent, the council shall refuse to allow
him credit therefor and strike the same from the delinquent report, and
after said report has been corrected as herein provided the council.
shall approve the same and direct the auditor to credit the treasurer
with the amount of same. , ,

(g) The delinquent land report shall be returned to the treasurer,
and he shall be charged with the same, and he shall dispose of the
same as he is directed by the laws of the State to dispose of the delin-
quent land tax due to the State, pursuant to the provisions of this
charter and such ordinances as the council may pass in relation thereto.
The auditor will as soon as the treasurer reports to him, give him
credit on his account for any erroneous assessment of tax, all sales
of land to the Commonwealth, and all sales of land to others than
the Commonwealth, and the lists of land previously sold the Com-
monwealth, give said treasurer credit on his account for the full
amount of the respective reports, but no such report shall be credited
him until the same has been laid before the director. of finance, and
the additions carefully audited by the auditor, and the names in all
such reports shall be examined and compared with the delinquent re-
port and the assessment of lands and the fact of any discrepancy,
alterations, or changes shall be reported to the city council.

(h) If the commissioner of the revenue ascertain that any per-
son, or any real or personal property, or income, or salary, has not
been assessed for city taxation for any year, or that the same has been
assessed at less than the law required for any year, or that the taxes
thereon for any cause have not been realized, it shall be the duty of
the commissioner to list the same, and assess city taxes thereon at
the rate prescribed for that year, adding thereto interest at the rate
of six per centum per annum. Where the same was omitted by no
fault of the person charged with the taxes, no interest shall be charged.

(1) The provisions of sub-sections (e), (f), (g) and (h) of sec-
tion fifty of this charter, insofar as applicable, shall apply to the
assessment and collection, and to the administration of the assessment
and collection, of taxes on personal property and all classes thereof. -

(j) All goods and chattels of any person against whom taxes for
the city are assessed may be distrained and sold for said taxes when
due and unpaid in the same manner and to the same extent that
goods and chattels may be distrained and sold for State taxes.

A tenant by whom payment is made or from whom payment is
obtained, by distress or otherwise, of taxes or levies due the city, by
a person under whom he holds, shall have credit for the same against
such person out of the rents he may owe him, except when the tenant
is bound to pay such taxes and levies by an express contract with
such person. And where taxes or levies are paid to the city by
any fiduciary on any estate 1n his hands or for which he may be liable,
such taxes and levies shall be refunded out of the said estate.

Sec. 51. Special assessments.—(a) All local or special assess-
ments shall be made and assessed by the director of finance under
such regulations as the council may by ordinance prescribe.

Provision shall be made by ordinance for the method of levying
and apportioning such special assessments, for the publication and for
giving to such owners an opportunity to be heard before final action
on the assessment.

Any person affected by such special or local assessment may appeal
from the decision of the director of finance as to any such assessment
against him to the corporation court of the said city.
_ (b) The council, may by ordinance provide the method of mak-
ing sale of any lands, lots or premises for non-payment of the amount
of any local or special assessments thereon, or for the non-payment
of any expense incurred by the city in abating any nuisance thereon,
or cutting or removing weeds therefrom as provided in section four
(sub-section twenty) hereof.

Sec. 52. Audit of accounts.—Upon the death; resignation, removal
or expiration of the term of any officer of the city, the city manager
shall order an audit and investigation to be made of the accounts of
such officer and report to the council. )

As soon as practicable after the close of each fiscal year an annual
audit shall be made of all accounts of all city officers. Such audit
shall be made by qualified public accountants, selected by the council,
who have no personal interest, direct or indirect, in the financial af-
fairs of the city or any of its officers or employees. The council may
at any time provide for an examination or audit of the accounts of any
officer or department of the city government.

PUBLIC PROPERTY AND FRANCHISE.

Sec. 53. The sale of public property.—The rights of the city of
Bristol in and to it streets, avenues, parks, bridges and other public
places and in its real estate, and its gas, water, electric and other works,
shall not be sold except by ordinance duly passed by a recorded
affirmative vote of four-fifths of all the members elected to the coun-
cil and under such other restrictions as may be imposed by law, pro-
vided that when any such property or right shall by the council be
estimated to exceed the value of three hundred dollars, the sale thereof
shall be by public auction, or such other competitive manner as the
council may provide in the ordinance authorizing the sale, after due
advertisement once a week for four successive weeks in a newspapet
published or circulated in the city, or by posting notices at the fron!
door of the courthouse and two other public places in the city for at
least thirty days, and provided further that no sale of such property
or right for more than three hundred dollars shall be legal unless the
sale thereof shall have been duly advertised as herein provided. The
council shall determine in the ordinance authorizing the sale whict
method of advertisement shall be used.

(b) Limitations of franchises, leases, et cetera——No franchise
lease or right of any kind to use any such public property or any othe:
public property or easement of any description in a manner not per
mitted to the general public shall be granted for a longer period thai
thirty years.

(c) Right of the city to purchase or take over plant, et cetera.—
Every grant of a franchise or privilege and every contract therefo
made or granted by the city may provide that at the expiration of th
term or period for which it is made or granted, the city, upon th
payment therefor of a fair valuation thereof to be made in the manne
provided in the grant or contract, may purchase and take over to itsel
the plant as well as the property, if any, of the grantee in the streets,
avenues, and other public places in its entirety, but in no case shall the
value of the franchise of the grantee be considered or taken into ac-
count in fixing such valuation; or such grant and contract may pro-
vide that such plant-and property shall at the expiration of such term
or period become the property of the city without any compensation
to the grantee.

(d) How granted—No public utility franchise, privilege, lease
or right of any kind to use any public property, or easement of any
description, and no renewal, amendment or extension thereof shall be
granted except by ordinance. Before any such grant shall be made an
ordinance proposing the same shall be printed, a printed report thereon
by the city manager shall be filed with the council, and one or more
public hearings shall be held thereon. After the adoption of the ordi-
nance proposing such grant and before such grant shall be made,
except in the case of a trunk railway, bids shall be received therefor
publicly after due advertisement of such ordinance and invitation of
bids in such manner as may be provided by general law. And the
procedure upon receipt of such bids shall be as provided by general
law as far as the same may be applicable and not inconsistent with the
provisions of this charter.

However, the cost of printing and advertising any original or
amended franchise contemplated by this section shall be paid by the
city, which shall be reimbursed by the person, firm or corporation to
whom such grant is finally made, and when such printing and advertis-
ing of the sale of such original or amended franchise shall be made
at the request of some person, firm or corporation, the cost of such
printing and advertising shall be paid by the person, firm or corpora-
tion so requesting, but if the sale or grant shall finally be made to
some other person, firm or corporation than the one requesting, the
cost of said printing and advertising shall be paid by the purchaser
or grantee.

(e) Transfer of franchise—No public utility franchise shall be
transferable except with the approval of the council expressed by ordi-
nance, and copies of all authorized transfers and mortgages or other
documents affecting the title or use of any such public utility shall
be filed with the city clerk within ten days after the execution and
delivery thereof.

(f) Rights reserved to the city—All grants, renewals, extensions
or amendments of public utility franchises, whether so provided in the
ordinance or not, shall be subject to the right of the city:

(1) To repeal the same by ordinance at any time for mis-use
or non-use or for failure to begin construction within the time pre-
scribed, or otherwise to comply with the terms prescribed.

(2) To require proper and adequate extensions of plant and
services and the maintenance of the plant and fixtues at the highest
practical standard of efficiency.

(3) To establish reasonable rates and standards of service and

quality of products and prevent unjust discrimination in service or
rates.
120. | ACTS OF ASSEMBLY. 465

(4) To prescribe the form of accounts and at any time to exam-
e and audit the accounts and other records of such utility; and to
‘quire annual and other reports by such public utility; provided that
forms of account shall have been prescribed by the State corpora-
on commission of Virginia for public utilities throughout the State,
1e forms so prescribed shall be controlling so far as they go, but the
ouncil may prescribe more detailed forms for the utilities within it
irisdiction.

(5) To impose such other regulations as may be conducive to
ne safety, welfare and convenience of the public.

(6) Extensions.—All extensions of public utilities within the city
imits shall become a part of the aggregate property of such public
tility, shall be operated as such and shall be subject to all the obliga-
ions and reserved rights contained in this charter and in any original
rant hereafter made. The right to use and maintain such extension
hall terminate with the original grant.

(7) However, if there shall be omitted from this charter any
rovision essential to the valid sale, or granting, renewing, extending,
ir amending of any franchise, privilege, lease, or right of any kind tc
ise any public property therein, the provisions of the general law with
eference to this subject shall supply said omissions.

PUBLIC SCHOOLS.

Sec. 54. (a) The city of Bristol shall constitute a single schoo
district and shall have a school board composed of five members
who shall serve without compensation, and who shall exercise the
powers and perform the duties of school trustees in other cities unde:
the general laws of the State, except as in this charter otherwise pro
vided. Said school trustees shall be selected and elected so as to giv
all sections of the city representation on the school board. No persot
ineligible as school trustee under the State law shall be elected :
school trustee in said city. ,

The present school board of said city having recommended th
foregoing provision, the members of the present school board ar
hereby authorized to resign upon the taking effect of this chartes
and thereupon the city council shall proceed to elect their successor
under this charter in the following manner: Two members shall b
elected to hold office until December thirty-first, nineteen hundred an
twenty-one, and two members to hold office until December thirty
first, nineteen hundred and twenty-two, and one member to hold offic
until December thirty-first, nineteen hundred and twenty-three, an
until their successors are elected and qualify; and thereafter the ter:
of office of each member of said board shall be for a period of thre
years beginning on the first day of January, and the members of tt
school board shall be elected by the city council in the month
December of each year.

Said school trustees shall take and subscribe before some office
authorized to administer oaths, the oaths prescribed for State office:
and file the same in the office of the city clerk, and enter upon theii
duties on the first day of January following their election.

Provided, that if and whenever permitted by the Constitution o:

the State, women who have attainéd the age of twenty-one years shal
be eligible to be elected to the office of school trustee, such womer
shall be eligible for election as school trustees in said city.
_ (b) The said school board shall at least ninety days before the
end of each fiscal year prepare and submit to the city manager for hi:
information in making up the annual budget a detailed estimate of
the amount of money required for the conduct of the public schools of
the city for the ensuing fiscal year, with an estimate of the amount of
all funds which will probably be received by said board for the pur-
pose of public education from sources other than appropriations by
the council.

(c) Said school board shall perform such duties not inconsistent
with their office, and shall make such reports and keep such accounts
of receipts and disbursements as the council may require. |

(d) The title to all real estate acquired for public school purposes
shall be taken and held in the name of the city of Bristol.

GENERAL PROVISIONS.

Sec. 55. Vacancies.—Vacancies in the office of the clerk of the
corporation court, attorney for the Commonwealth, commissioner of
the revenue, city treasurer, and city sergeant, shall be filled in the man-
ner provided by general laws of the State.

Vacancies in any and all of the other offices provided for in this
charter shall be filled by the authority and in the manner provided
herein for the original appointment or election of such officers, except
as otherwise provided herein.

Vacancies in the council shall be filled by the remaining members
of the council, except as otherwise provided by general law.

Sec. 56. Salaries and compensation.—The respective officers pro-
vided for in this charter shall receive such salaries, compensation,
fees and emoluments as may be provided by the general laws of
the State and prescribed by the council of the city of Bristol, except
as herein otherwise provided. .

The members of the council shall receive no salary for the term
ending August thirty-first, nineteen hundred and twenty-three. The
mayor shall receive a salary of three hundred dollars per year, pay-
able in monthly installments of twenty-five dollars each, for the term
ending August thirty-first, nineteen hundred and twenty-three.

Sec. 57. Oath of office and qualification—Except as otherwise
provided by general law or by this charter, all officers elected or
appointed under the provisions of this charter shall take the oath
of office and execute such bond as may be required by general law.
by this charter, or by ordinance or resolution of the council, before the
clerk of the corporation court of the city of Bristol, and file the same
with the city clerk, before entering upon the discharge of their duties,
and if the requirements of this section have not been complied with
by any officer within thirty days after the term of office shall have
begun or after his appointment to fill a vacancy, then such office shall
be considered vacant.

Sec. 5714. Officers to administer oaths——The commissioner of the
revenue, city clerk, city auditor and city manager shall have power to
administer oaths and to take and sign affidavits in the discharge of
their respective official duties.

Sec. 58. Bond.—All officers elected or appointed under the pro-
visions of this charter shall, unless otherwise provided by general law
or by this charter, execute such bonds, with such approved corporate
security, as may be required by general law, by this charter, or by
ordinance or resolution of the council, and file the same with the city
clerk before entering upon the discharge of their duties. The city
shall pay the premiums on such bonds. ,

Sec. 59. Investigations——The council, the city manager, and any
officer, board or commission authorized by them, or either of them,
shall have power to make investigation as to city affairs, and for that
purpose to subpoena witnesses, administer oaths, and compel the pro-
duction of books and papers.

Any persons refusing or failing to attend, or to testify or to pro-
duce such books and papers, may by summons issued by such board
or officer be summoned before the police justice of said city by the
board or official making such investigation, 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, and such person shall have the nght to appeal
to the corporation court of the city. Any person who shall give false
testimony under oath at any such investigation shall be liable to prose-
cution for perjury. ]

Sec. 60. Revocable permits.—Every permit given or authorized by
the council or city manager to violate the ordinances of the city estab-
lishing fire limits and providing for the character of materials which
may be used in the construction of buildings within such fire limits,
and every permit authorizing the violation of the ordinances of the
city relating to obstructions in, over and under, or encroachments on
the streets, alleys, parks and other public grounds and property of the
city, and every permit authorizing the violation of any ordinance of
the city, shall be deemed to be a license and not a franchise or grantt.
and shall be revocable at the will of the council. ,

Sec. 61. Actions against the city for damages.—No action shall
be maintained against the said city for damages for an injury to any
person or property alleged to have been sustained by reason of the
negligence of the city, or of any officer, agent or employee thereof, un
less a written statement of the nature of the claim and of the time
and place at which the injury is alleged to have occurred or beer
received, shall have first been filed with the city attorney of said city

Sec. 62. Books and papers delivered to successor or city clerk.—
Any person holding a municipal office and vacating the same or
468 ACTS OF ASSEMBLY. [VA.
account of removal or otherwise shall deliver over to his successor
in office, or to the city clerk, all property and books and papers be-
longing to the city or appertaining to such office which may be in his
possession or under his control, and in case of his failure to do so
within ten days after he shall have vacated the office, or within such
time thereafter as the council shall elect, and upon due notification or
request of the city clerk, he shall forfeit and pay to said city the sum
of five hundred dollars, to be sued for and recovered with costs, and
all books, records and documents used in such office by virtue of any
provisions of this act or of any ordinance or resolution of the council,
or by order of any superior officer of said city, shall be deemed the
property of said city and as appertaining to said office, and the incum-
bent of such office, and his sureties on his bond shall be responsible
therefor.

Sec. 63. Elections held at courthouse.—All elections shall be held
at the courthouse and city hall of the said city under and pursuant to
the general laws of the State, except as otherwise provided in this
charter.

Sec. 64. Exempt from taxes in Washington county.—The city of
Bristol and its inhabitants shall be exempt from all assessments for
levies in the way of taxes imposed by the authority of Washington
county for any purpose whatever, except upon property in said county,
owned by the inhabitants of said city, nor shall such inhabitants be
liable to serve upon juries in said county.

All property owned directly or indirectly by the city of Bristol,
located in the county of Washington or in any other county in the
State of Virginia, used wholly and exclusively for city purposes, shall
be exempt from taxation in and by said county or counties or by any
district therein; and any property acquired for or in connection with
the development of a water supply for said city and which is used or
shali be used for the purpose of a home of any one employed by the
city to protect and care for such water supply, and any property ac-
quired and retained for the protection of such water supply, shall be
deemed to be used wholly and exclusively for city purposes.

Sec. 65. Working prisoners.—Subject to the general laws of the
State regulating the working of those convicted of offenses against
the State, the council shall have the power to provide by ordinance
for the employment or the working, either within or without the city
limits, or within or without any city prison or jail, of all persons sen-
tenced to confinement in said prison or jail for the violation of the laws
of the State of Virginia or the ordinances of the city of Bristol.

Sec. 66. Penalty for officers failing to perform duties—If any
officer of the city of Bristol, whether he be elected by vote of the peo-
ple or by the council, or appointed by the council, by the judge of
the corporation court, or by the city manager, shall fail or refuse to
perform any of the duties required of him by this charter or by ordi-
nance or resolution of the city council, he shall be fined not less than
five dollars nor more than one hundred dollars for each offense, and
he and his securities on his official bond shall be liable for all damages
which may accrue to the city or any other person by reason of such
failure or refusal.
Sec. 67. Child welfare board—(a) The council may provide by
ordinance for the establishment and organization of a child welfare
board, within the department of public welfare, and the same shall be
subject to the supervision of the director thereof, through which to
make money allowances to aid in maintaining and educating the
poor and destitute children in the city and through which to administer
such other charitable purposes as the council may deem proper.

(b) Such child welfare board shall consist of six members, at
least two of whom shall be women, to be appointed by the council for
a term of six years, except that the terms of those first appointed shall
be for one, two, three, four, five and six years, respectively, and who
shall serve without compensation. ,

(c) The council shall prescribe by ordinance the powers and
duties of the child welfare board, and provide the manner in which,
for whom and to whom, and under what terms and conditions such
allowances shall be paid.

(d) All appropriations for the work entrusted to the child wel-
fare board shall be made by the council as other appropriations are
made, and the child welfare board shall not make any allowances in
excess of the appropriations so made. ,

(e) The child welfare board shall perform all such duties as the
council may prescribe, both in regard to child welfare and other
charitable purposes.

Sec. 68. Police agents—Any person, firm, association, or owner
or owners, or the president of any corporation owning any industrial
plant or commercial house or houses, or educational or eleemosynary
institutions in the city may, with approbation of the city manager or
mayor, appoint one or more police agents, who shall have authority in
all cases in which the rights of such person, firm, association, or owner
or owners, or the president of such owning corporation are involved,
to exercise within the city and State all powers which can be lawfully
exercised by any constable or police officer for the preservation of the
peace, the arrest of offenders and disorderly persons, and for the
enforcement of laws against crimes, and such person, firm, associa-
tion, or owner or owners, or the president of such owning corporation
may remove any such agent at pleasure, and the city manager or
mayor, or the successor of either, giving such consent may at any time
revoke it. Such police agents shall qualify before the ofhcer approving
their appointment and a record shall be kept of their appointment
and qualification; but the city shall not on account of said approval
or consent of the mayor or city manager to said appointment, be liable
to any person for the negligence or acts of omission or commission of
said police agents. |

Sec. 69. City plan—The city council may cause to be prepared
and adopted a comprehensive city plan providing for the future im-
provement and growth of the city within and without the city limits,
and including the altering and extension of streets, and opening of
new sub-divisions, the changing and improving the channels of the
creeks running into and through the city, the location and opening of
the most practical and direct highways from the city into the ad-
jOining country, the improvement of entrances and terminals to and
from the city, including those of public service corporations looking
to the future harmonious development of a city plan, the planning
for playgrounds, parks and boulevard system, the location of public
buildings, including school buildings and other public works, and
public utilities, and all such other things as will tend to make the city
of Bristol a more convenient, attractive and modern city.

The council may, in its discretion, appoint an advisory city planning
commission, and define its powers and prescribe its duties by ordi-
nance.

Sec. 70. Laying out streets, rights therein, sub-dividing lands and
recording plats thereof—(a) Whenever any street, alley or lane shall
have been opened to and used as such by the public for the period of
five years, the same shall thereby become a street, alley or lane for
all purposes, provided that the city council shall by ordinance, so
declare, and after such declaration the city shall have the same author-
ity and jurisdiction over and right and interests therein as it has by
law over the streets, alleys and lanes laid out by it.

And any street or alley, park or land reserved for other public pur-
poses, in the division or sub-division into lots of any portion of the
territory within the corporate‘limits of the city by a plat or plan of
record shall be deemed and held to be dedicated to the public use, and
the council shall have authority, upon the petition of any person
interested therein or upon its own initiative, to open such street or
alley, park or land reserved for other public purposes, or any portion
of the same. No agreement between or release of interest by the per-
son owning the lands immediately contiguous to any such alley or
street, park or land reserved for other public purposes, whether the
same has been opened and used by the public or not, shall avail or
operate to abolish said alley or street, park or land reserved for other
public purposes, so as to divest the interest of the public therein, or
the authority of the council over the same. Notwithstanding anything
this section contained, the said city shall not be liable for any acct-
dents which may occur upon any street, alley, boulevard, or way,
whether heretofore or hereafter laid out, until the said’ street, boule-
vard, alley, or way shall have been accepted or declared by the city
council, =

‘(b) The said city shall have the use and control of all streets
and alleys, both below and above ground.

' (ce) No plat of any sub-division of lots or lands within the city
stich as is mentioned ‘in section fifty-two hundred and seventeen of
the Code of Virginia shall be recorded in the office of the clerk of
the corporation court as provided by said section fifty-two hundred
and severiteen of the Code of Virginia until the same shall have been
submitted to the director of public works and to the council and ap-
proved by the council by ordinance or resolution, a copy of which
shall be certified thereon by the city clerk and mayor, and recorded
with such plat.
(d) Before approving such plat, and thereby accepting the dedi-
cation of the streets, alleys, parks and public places thereon, the coun-
cil shall require that the streets and alleys thereon shall be properly
laid out and located with reference to the topography of the land so
platted and the relation thereof to the streets and alleys contiguous
thereto and the adjoining lands, both as to connections and widths,
which widths of such streets and alleys shall be plainly marked in
figures or written on such plat, and which streets and alleys shall be
laid out in harmony with the general plan of the city.

(e) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require
the owner thereof to execute and deliver to the city of Bristol a release
and waiver of any claim or claims for damages which such owner, his
heirs, successors or assigns may have or acquire against the city of
Bristol by reason of establishing proper grade lines on and along such
streets and alleys and by reason of doing necessary grading or filling
for the purpose of placing such streets and alleys upon the proper
grade and releasing the city of Bristol from building any retaining
wall or walls along the streets and alleys and property lines; and
the council may require such release and waiver to be written and
executed on said plat and recorded therewith or by an instrument of
writing to be executed and recorded in said clerk’s office.

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing
the contour thereof, together with proper grade lines laid thereon, and
if and when the council is satisfied that the proper grade lines are
laid on such profile, the profiles shall be approved by the council and
recorded by the owner or at his expense in the record of the profiles of
the streets and alleys of the city, and the council may, in its discretion,
require such release and waiver to be made with reference thereto.

(f) Before approving any such plat of any such sub-division of
lots or lands the city council may, in its discretion, require the owner
of such lots or lands to grade the streets and alleys therein, according
to grade lines approved and established by the council.

(g) Before approving any such plat of any such sub-division of
lots or lands within the city, the council may, in its discretion, require
the owner thereof to lay out and establish proper building lines
thereon, and to show on such plat that all conveyances of lots shown
on such plat are to be made with reference thereto for the benefit of
the respective lot owners and the city of Bristol.

(h) Before approving any such plat of any such sub-division of
lots or lands the city council may, in its discretion, require the owner
thereof to designate and establish segregation districts thereon as is
provided by sections thirty hundred and forty-three, thirty hundred and
forty-four, thirty hundred and forty-five, thirty hundred and forty-six,
thirty hundred and forty-seven, thirty hundred and forty-eight, thirty
hundred and forty-nine, thirty hundred and fifty, thirty hundred and
fifty-one, thirty hundred and fifty-two and thirty hundred and fifty-
three of the Code of Virginia.
Sec. 71. Powers of policemen.—For the purpose of enabling the
city to execute its duties and powers each member of the police force
and each policeman is hereby made and constituted a conservator o!
the peace and endowed with all the power of a constable in crimina!
cases and all other powers which under the laws of the city may be
necessary to enable him to discharge the duties of his office.

Sec. 72. Judge of corporation court—The judge of the corpora-
tion court for said city shall receive an annual salary of not less thar
fifteen hundred dollars, nor more than three thousand dollars, to be
fixed by the city council, payable in monthly installments as provided
by law; said judge shall qualify by taking the oath required by law
within thirty days after receiving his commission, said oath to be
taken before any officer authorized by law to administer oaths, which
oath shall be returned to the clerk of said corporation court and by him
recorded in the common law order book of said court, and the origina!
filed as provided by law. Said judge shall not be permitted to prac-
tice law in any courts of this Commonwealth.

Sec. 73. Part of senatorial and legislative districts—The said city
of Bristol shall be and remain a part and parcel of the same legisla-
tive and senatorial district to which it now belongs until otherwise
provided by law.

Sec. 74. Present officers to hold over; contracts, et cetera, to con-
tinue-—The present mayor, councilmen and all other officers of the
city of Bristol shall continue to hold office, and to perform the duties
of their respective offices for said city for the terms for which they
were elected or appointed and until their successors be elected or ap-
pointed and qualified, as herein or elsewhere provided by law; and
all liabilities, actions, claims, contracts and prosecutions heretofore
existing tinder the charter of the city of Bristol shall remain and con-
tinue as if this act had not been passed.

Sec. 75. Ordinances to continue in force——All ordinances now in
force in the city of Bristol, not inconsistent with this charter, shall be
and remain in force until altered, amended or repealed by the council
of said city.

Sec. 76. Council to settle controversies——In the event the city
manager, or other officer elected by the council, in the administration
of their respective duties, shall disagree or have any controversy with
any of the officers of the city elected by the voters, such matter in dis-
pute or controversy shall be referred to the council for review and
decision.

Sec. 77. Partial invalidity—If any clause, sentence, paragraph.
or part of this act, shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect.
impair or invalidate the remainder of said act, but shall be confined
in its operations to the clause, sentence, paragraph, or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.

Sec. 78. Citation of act—This act may for all purposes be re-
ferred to or cited as the Bristol charter of nineteen hundred and
twenty.
Sec. 79. General laws to apply—The enumeration of particular
powers and authority in this charter shall not be deemed or held to be
exclusive, but in addition to the powers enumerated herein, implied
thereby, or appropriate to the exercise thereof, the said city shall have
and may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and general
laws of this State.

Sec. 80. Repealing clause.—All acts and parts of acts in conflict
with this charter are hereby repealed, in so far as they affect the
provisions of this charter, and former charters and amendments
thereto for the city of Bristol are hereby repealed. -

Sec. 81. When charter takes effect—This act providing for a
budget which is required to be prepared and approved by the first
day of June, nineteen hundred and twenty, and the State board of
health having ordered the city of Bristol to secure an additional water
supply and the city requiring certain power and authority relating
thereto which is provided by this act, an emergency is hereby declared
to exist, and by reason thereof this act shall be in force from its
passage.