Chap. 259.—An ACT to amend and re-enact sections 5, 6, 15, 18-b, 19-h, 19-1,
29, 30, 40, 43, 44, 65 and 78 of the charter of the city of Richmond, as the
same may have been heretofore amended. [H B 387]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions five, six, fifteen, eighteen-b, nineteen-h, nineteen-i, twenty-five,
twenty-nine, thirty, forty, forty-three, forty-four, sixty-five and
seventy-eight of the charter of the city of Richmond, as the same
may have been heretofore amended, be and the same are hereby
amended and re-enacted so as to read as follows:

5. The mayor and members of the board of aldermen and of
the common council of the city of Richmond shall be elected on
the second Tuesday in June immediately preceding the expiration
of the terms of office of their predecessors, and their terms of office
shall begin on the first day of September succeeding ; all other elec-
tive officers of the city of Richmond shall be elected on Tuesday
after the first Monday in November, and their terms of office shall
begin on the first day of January succeeding, except the terms of
office of the clerks of the corporation courts of the city of Rich-
mond shall begin coincidently with those of the judges of their said
courts. In the event of the adoption of any resolution or ordinance
of the council or acts of the general assembly of Virginia heretofore
or hereafter passed, changing the boundary of any ward or wards,
or establishing a new ward out of the territory of another ward or
wards, by reason of which any member of either branch of the
city council, any magistrate, or any other city officer, who is required
to reside in the ward from which he is elected, becomes a resident
of a new ward or some other ward than that from which he was
elected, then, in that event, such officer shall continue in office to
the end of the full term for which he was elected, just as if there
had been no change in the wards of the city. The terms of office
of all officers whose residence is not changed by the creation of a
new ward or change of the boundaries of the old wards shall not
be affected, but such term shall continue, expire and be filled as if
there had been no creation of new wards or change of boundaries
of old wards.

6. In case of vacancies arising in any office elective by the
people, whose election is provided for by this charter, when a gen-
eral election will occur before the expiration of term of such office,
at which an election can be legally held for the purpose, it shall
be the duty of the mayor, upon the happening of any such vacancy
or vacancies, forthwith to certify the fact of such vacancy or vacan-
cies to the judge of the hustings court, who shall issue his writ re-
quiring an election, to fill such vacancy or vacancies, to be held at
such general election in the manner prescribed in the general election
laws of the State; provided, however, that until such vacancy is
filled by an election, as hereinbefore prescribed, the council of the
city of Richmond shall elect a qualified person to fill such vacancy,
except that if the vacancy occurs in the office of clerk of a court, it
shall be filled by the court—or if in the office of sheriff by the circuit
court of the city of Richmond, and if in the office of attorney for
the Commonwealth or city sergeant, by the hustings court of the
city of Richmond, or in any of such excepted cases, by the judge
of the designated court in vacation. The person so elected by the
council to fill such vacancy or so appointed by a court or the judge
thereof, shall qualify in the mode prescribed by law and shall con-
tinue in office until his successor is elected and qualified.

~ 15. When any vacancy shall occur in either branch by death,
resignation, removal from the ward, failure to qualify, or from any
other cause, the branch in which said vacancy occurs shall elect a
qualified person to supply the vacancy for the unexpired term. Upon
the formation 9f a new ward, either by resolution of the council or
by act of the general assembly of Virginia, the members elected to
represent such new ward in the board of aldermen shall be divided
into two classes, to be numbered by lot upon the assembling of the
board of aldermen at its first meeting after the first day of September
next succeeding the election of such members. One of said mem-
bers shall be of the first class, and two of said members shall be
of the second class. The term of service of the members of the
first class shall expire with that of the members of the common
council elected at the first election after the creation of the new
ward, and the terms of service of the members of the second class
shall expire with that of the members of the common council elected
at the next succeeding election thereafter. The successors of such
members of the first and second class shall be elected for the full
term of four years at the election for members of the council next
preceding the expiration of the terms of such members respectively
and the alternation thus established shall continue.

18-b. There shall be one city clerk appointed by the city council
who shall be ex-officio clerk of each branch of the city council and
shall hold his office for the period of two years, and until his suc-
cessor shall be appointed and qualified, unless sooner removed from
office by the city council. He shall have the custody of the corpo-
rate seal. Z ,

19-h. To construct and maintain or authorize the construction
or maintenance of bridges, and viaducts over James -river or other
stream or creek, or over any ravine, where any portion thereof is
within the city limits, and to construct and maintain, or authorize
the construction and maintenance of, subways, vaults, areas, or cel-
lars under the streets or other places, or elsewhere within the limits
of the city, and charge and collect compensation for. use of same,
and to prevent injury to or obstruction of. the streets, alleys, or
other public places or property of the city, and may charge tolls
for the use of any such bridge or viaduct by the public, and require
compensgatiion for the use thereof by transmission or transportation
companies, unless and to the extent that the right to charge such
compensation shall be restricted or prevented by any contract hereto-
fore or hereafter made with any of such companies.
19-i. To authorize the laying down of railway tracks in the
streets of the city and the running of cars thereon, under such con-
ditions and regulations as they may prescribe, and also, from time
to time, to prescribe additional conditions and regulations as to the
construction, reconstruction, repair, and maintenance of the tracks,
roadbed, and cars, and the running of cars on such tracks. The city
council may take, under any contract heretofore made, hold, main-
tain and operate any street railway and fixture thereto belonging,
lying within the city, and the lots and buildings and appurtenances
owned by such company, and the equipment thereof, and maintain
and operate the same for the carriage of passengers or freight, for
hire or reward, or, when so taken, the council may grant the same
to be operated by some other person; and, in order to meet the ex-
penses of such acquisition, may issue bonds, to be known as “city
railway bonds,” and secure the same upon the roadbed, tracks, rolling
stock, and earnings of such street railway. The city council may
likewise construct sewers, culverts, or drains under the streets, alleys
or other public places in the city and may compel the use thereof,
and may cause to be assessed upon the real estate benefited thereby
the expense of such construction to the extent of the peculiar benefits
resulting therefrom to such abutting land owners. Or they may,
in lieu of such assessment, assess and collect compensation for the
use of such sewers, culverts or drains, and compel the payment of
such compensation. And the city council may acquire, by condem-
nation or otherwise, any interest or right of any property holder
in and to the use of any sewer, culvert.or drain already constructed
in the city, and when such right shall be so acquired, charge such
person for the use of the same.

25. The council, or in cases provided for by general appropria-
tions, the advisory board, may order public local improvements, the
cost of which is to be apportioned between the city and abutting
land owners, by a majority vote of all members elected to the council
and to each branch thereof or of the advisory board, as the case
may be, and whenever such an improvement shall be ordered making
or improving the walkways upon then existing streets or improving
and paving then existing alleys or for the construction of sewers
by order of the council, the cost thereof shall be apportioned between
the city and the abutting landowners benefited thereby, unless the
council shall direct that the whole cost of the improvement be paid
out of the public treasury. In all such cases it shall be the duty
of the advisory board to ascertain and determine what proportion
of such cost shall be borne by the abutting owners and what pro-
portion thereof shall be borne by the city. The tax or assessment
thus imposed shall not be in excess of the peculiar benefits resulting
from the improvement to such abutting landowners but may in all
cases equal such benefits; provided, however, that such cost may in
any case be apportioned in pursuance of an agreement between the
council or board and said landowners.

The advisory board, the city and the said abutting landowners
shall each have, respectively, all of the rights and duties especially
as to notice and the service thereof, hearing, appeals and the ac-
quisition of lines which are prescribed in sections thirty hundred
and sixty-eight, thirty hundred and sixty-nine, thirty hundred and
seventy and thirty hundred and seventy-one of the Code of Virginia
or any amendments thereof, and all proceedings shall be in accor-
dance therewith.

Section 29. The heads of the several departments shall have the
exclusive control of the doing of all work necessary for their re-
spective departments, and the purchasing of all supplies and materials
therefor in accordance with the ordinances and resolutions of the
council ; provided, however, that no contract in excess of one thousand
dollars, made for the purposes aforesaid, shall be effective until it
shall have been approved by the advisory board, and then only after
an ordinance or resolution making the appropriation therefor, unless
an appropriation covering the same has already been made in the
annual budget, except in cases of emergency, where great loss or
damage to the city would ensue, and in such cases the head of the
department in which such emergency exists shall file with the comp-
troller a certificate, showing the nature of such emergency and the
necessity for the expenditure. All contracts for work or material
shall only be let after due advertisement and bidding, where prac-
ticable, and the heads of the respective departments shall have the
power to reject any and all bids, and order new bidding, or, in their
discretion, let the contract without further bidding. And the advisory
board is hereby required to make and promulgate rules and regu-
lations as to the advertisement, bidding and letting to contract of
work to be done and materials to be furnished for the city. The
heads of the departments shall approve all bills against the city
for work done for the city and for all materials furnished under
any contract for the city which they are authorized to make, and
no bill for such work or supplies shall be paid by the comptroller
unless the same has been so approved and certified by the head of
the department as correct; provided, however, that the council of
the city of Richmond may at any time provide for the establishment
of a storeroom and warehouse and the appointment of a purchasing
agent to take charge of the same and to purchase and distribute
all materials and supplies needed by the city or any of the depart-
ments thereof, and adopt rules and regulations concernig the same.

Section 30. It shall be the duty of the director of public works,
when he deems it necessary so to do to recommend to the advisory
board grades, or changes of grades in the streets, alleys and public
places of the city, with profiles and plans showing the same, and
thereupon the board, if they determine that there should be a change
in the grade of such street, alley or public place, may ratify or
confirm such proposed grades, or they may make such changes there-
in as they may deem necessary and then confirm the same, or they
may reject the recommendation of the director of public works.
Whenever the advisory board shall order any street, alley or public
place to be graded or the grade thereof to be changed and the new
grade to be executed, if the improvement be such as may cause
damage to the abutting land owners, it shall be the duty of the
board, when the improvement is ordered to be made, to proceed by
personal inspection of all the premises likely to be affected by such
work to ascertain what damages, if any, will accrue to the owners
of the several properties so likely to be affected. It shall then be
the duty of the board, upon such ascertainment having been made,
to give such notice and hearings and to proceed in such manner as
may be prescribed by statute, and their determination, subject to such
appeal as may be allowed by law, shall have the effect of a judgment.

Section 40. The comptroller shall annually submit to the mayor
not later than January fifth of each year, a detailed report showing
the aggregate income of the then fiscal year from all sources and
of the estimated anticipated revenues of the city for the next ensuing
fiscal year, together with a statement of the amount of liabilities
outstanding upon which interest is to be paid and of all bonds and
city debts payable during the next ensuing fiscal year, when due, and
where payable, so that the mayor may fully understand the financial
status and the money exigencies of the city for the succeeding finan-
cial year.

Section 43. There shall be appointed by the city comptroller one
collector of city taxes for the city of Richmond, who shall hold his
office during good behavior, subject, however, to be removed from
ofhice by the city comptroller. He shall give bond to the city of
Richmond for the faithful discharge of the duties imposed upon him
as such collector by the charter and ordinances of the city of Rich-
mond, with sureties satisfactory to the city attorney, to the amount
of not less than fifty thousand dollars, or in such larger amount
as may be prescribed by the city council; said bond shall be filed
with the city clerk and preserved and kept among the records of the
council. , .

The collector shall appoint as many deputies or assistants as may
be necessary, and shall maintain an office south of the James river,
in the former territory of the city of Manchester, for the collection
of all taxes and public dues of every kind, including water and gas
bills, whether current or delinquent, assessed or due from the south
side of James river and all bills and records in connection with such
taxes and dues shall be kept at said office.

Provided, however, that notwithstanding the provisions of this
section and the provisions of sections forty-four to fifty-one, inclu-
sive, of this charter, in relation to the duties of the collector of city
taxes, the city council may by an ordinance adopted by a recorded
affirmative vote, of at least two-thirds of the members elected to
each branch of the council, abolish the office of collector of city taxes
and ordain that the city treasurer, duly elected or appointed in the
manner prescribed by general law, shall be vested with all of the
powers and discharge all of the duties prescribed by this charter
and under the ordinances of the city of Richmond for the city col-
lector and the city treasurer may thereupon, appoint such number
of deputies or assistants as may be necessary for the discharge of
the duties imposed on him by the city charter and ordinances, with
the approval of the city comptroller and of the advisory board
of the city of Richmond, and may, with such approval, fix their wages
or compensation. But in any such case, the treasurer shall matntain
an office in the former territory of the city of Manchester, as pro-
vided in section forty-three of this charter and for the purposes there-
in, set out. The compensation to be paid such treasurer for services
to be rendered the city shall be fixed and determined by the city
comptroller, with the approval of said advisory board. In the dis-
charge of the duties imposed on him by the charter and ordinances
of the city, the city treasurer shall be deemed a city officer in the
department of finance of the city government, and subject to the
authority over the officers of that department given to the city comp-
troller by this charter, and especially to the provisions of section
thirty-eight thereof. In the event of his suspension or removal as
such city officer, the council may by ordinance, transfer his duties
and authorities to some other person pending the election or appoint-
ment of a new city treasurer. He shall give bond to the city of
Richmond for the faithful discharge by himself and by his deputies
of the duties imposed on him by the charter and ordinances of the
said city, with sureties satisfactory to the city attorney, and in an
amount of not less than fifty thousand dollars ($50,000), or such
larger amount as may be required by said comptroller, with the
approval of said advisory board, which bond shall be filed with the
city clerk and preserved and kept among the records of the council.

Section 44. The said collector shall receive all moneys belonging
to the city and collect all assessments, levies and taxes, and shall
keep his office in the city hall or other place as may be required
by the council. He shall keep his books and accounts in such manner
as the city comptroller may prescribe, and such books and accounts
shall always be subject to the inspection of the mayor, comptroller and
any member of the city council, or any officer, committee or com-
mittees thereof.

Section 65. All goods and chattels, wheresoever found, may be
distrianed and sold for taxes assessed and due thereon and for
taxes assessed against the owner thereof and no deed of trust or
mortgage upon goods or chattels shall prevent the same from being
distrained and sold for taxes assessed against the grantor in such
deed while such goods and chattels remain in the grantor’s possession,
or shall not have been removed therefrom more than thirty days;
nor shall any such deed prevent the goods and chattels conveyed
from being distrained and sold for taxes assessed thereon, no matter
in whose possession they may be found. |

Section 78. The director of public works shall be the general
superintendent and have general management and control of the
streets, street cleaning and street repairing, and all culverts, ceme-
teries and public improvements. He shall make such surveys, re-
ports, drawings, plans, specifications and estimates needed in any
department of the city government, when requested by the head
of such department, and perform such other duties as the advisory
board may require of him. All surveys or other acts which may
be made or done by said director shall be as valid and effectual as
if the same were done by the surveyor of a county, and any map
or plan of the city, or a part thereof, now on file in his office, formerly
known as the city engineer’s office, or hereafter made and filed
therein, made in pursuance of any ordinance of the city or statute
of the State and specially the map approved by resolution of the
council of June twenty-fourth, eighteen hundred and seventy-two
(1872), on file in his office, formerly known as the city engineer’s
ofice, or a copy of such map, shall be prima facie evidence in the
courts of the Commonwealth of the boundaries and lines of the
streets, alleys and other public places of the city shown thereon. He
shall keep his office in such place as the city council may direct,
and shall keep therein all maps, drawings and papers pertaining to
his office. All books and papers in his office shall be open at all
times to the inspection of the mayor, the advisory board, to mem-
bers of the city council, or to any officer, committee or committees
thereof.

2. The public interest requiring that these amendments to the
charter of the city of Richmond should be effective as soon as pos-
sible, an emergency exists and this act shall take effect from its
passage.