Chap. 411.—An ACT to amend and re-enact all acts creating and amending the
charter of the city of Charlottesville, and to provide a charter and special
form of government for the said city, and to repeal all acts and parts of
acts inconsistent with this act, so far as they relate to the city of eI
lottesville. [H B 486]

Approved March 24, 1922.

. Whereas, on December seventh, nineteen hundred and twenty, an
election was held in the city of Charlottesville, Virginia, by which
the qualified voters of said city adopted the form of government
provided by the Code of Virginia of nineteen hundred and nineteen,
and known as “Modified Commission Form;” and

_ Whereas, doubt has arisen as to the validity of said election; and

Whereas, the voters of the city of Clrarlottesville in mass meet-
ing assembled in response to a call issued by the chamber of com-
merce of said city and concurred in by the Rotary club and the
Young Men’s Business club of said city, did at the courthouse in
said city on the night of February twentieth, nineteen hundred and
twenty-two, request the general assembly of Virginia so to amend
and re-enact the charter of said city as to incorporate therein the
following amendments and changes:

(1) All legislative, financial and police authority vested in the
city of Charlottesville by law shall be and is hereby given to a
council of three members to be elected at large from the qualified
voters of the city.

2. Each of said councilmen shall hold office for two years, and
shall receive an annual salary of three hundred dollars each (except
the president, who shall be mayor, and shall receive five hundred
dollars) from the city for their services.

(3) An election shall be held in the said city pursuant to law,
at the time for the next regular election for councilmen in June, nine-
teen hundred and twenty-two. As soon as the said councilmen shall
qualify, they shall meet and elect from their number a president,
who shall be mayor without veto power, and who shall preside and
also have a vote on all questions. Said council so composed shall
take office on September first, nineteen hundred and twenty-two, from
and after which time the powers and duties and salaries of the mayor
and two branches of the council heretofore elected shall cease.

(4) It shall be the duty of said council of three members to
immediately elect for a period of one year a business manager at a
salary to be fixed by them, who may be removed from office by said
council at their discretion.

(5) Said business manager shall have full executive authority
im the management of all ministerial affairs, and shall have the
right to employ and discharge all employees under his control. Said
business manager shall give bond for the faithful performance of his
duties for such sum as said council may require. The duties and
responsibilities of said business manager are to be fixed by ordinance
of the city council.

(6) In all other respects the said council shall have and be vested
with the same authority heretofore exercised by the mayor and the
two branches of the council, and in all other respects their duties and
liabilities shall be regulated by the existing laws, not in conflict here-
with; now, therefore,

Section 1. Be it enacted by the general assembly of Virginia,
That all acts creating and amending the charter of the city of Char-
lottesville be, and the same are hereby, amended and re-enacted in
the manner and form following:

Section 2. That so much of the land as lies and is contained within
the following boundaries, beginning at a point at the intersection of
the northerly line of the right-of-way of the Southern railway com-
pany and the western line of Jefferson Park avenue, or Fry springs
road, thence along the northern line of said Southern railway’s right-
of-way line north seventy-one degrees twelve minutes east one thous-
and four hundred and fifty-four feet to a stake, thence north seventy-
one degrees forty-nine minutes east one thousand nine hundred and
eighty-seven feet to a stake (leaving out the right-of-way of the
Southern railway, this being the modification hereinbefore mentioned),
thence crossing the right-of-way of said Southern railway south one
degree thirty-nine minutes east three hundred and thirty-six feet (this
change in distance being necessitated by the modification hereinbefore
referred to), to a cast iron monument in the south side of Grove
street in Fifeville (this being an old city monument), thence south
forty-three degrees ten minutes east one hundred eighty-one and
nine-tenths feet to a concrete monument in L. H. Bingler’s back yard,
thence south twenty-nine degrees thirty minutes east, three thousand
eight hundred and ninety-three and one-tenth feet to a stake near rock
out-crop at the south end of Ridge street one hundred and thirty feet
east of the line of said Ridge street, thence south seventy-five degrees
fifty-one minutes east, three thousand three hundred twenty-seven and
two-tenths feet to a pipe in the alley south of Belmont park, sixty-three
feet west of Rialto street line; thence north sixty-six degrees fifty-nine
minutes east, three thousand one hundred twenty-six and nine-tenths
feet to a stake in the property of J. P. Burke near the northwest
corner of said property east of Monticello road; thence north sixty-
three degrees forty minutes east, one thousand three hundred twenty-
four and two-tenths feet to a stake in the north edge of embank-
ment of Chesapeake and Ohio railway, sixty-six and five-tenths feet
west of Chesapeake and Ohio railway division sign; thence north
thirty degrees twenty-two minutes east, three thousand seven hundred
and thirty-eight feet to an iron pipe in the south side of Free Bridge
road; thence north twelve degrees forty minutes east, three thousand
six hundred and twenty-three and seven-tenths feet to an iron pipe in
the north end of Locust Grove avenue at John A. Smith’s gate ; thence
south eighty-three degrees ten minutes west, three thousand one
hundred and forty-four feet to a stake in west side of Rio road;
thence north forty-seven degrees twenty-six minutes west, six hun-
dred and fifty-eight feet to a stake near gate-post in E. Bradbury’s
yard; thence north forty-six degrees eighteen minutes west, eight
hundred and fourteen feet to a stake in the east fence of private road
of M. Mason about two hundred feet north of Rugby avenue; thence
north fifty-three degrees twenty-five minutes west, one thousand one
hundred thirty-eight and seven-tenths feet to a stake on north side
of new Southern railway cut about two hundred feet from Rugby
avenue; thence parallelling said Rugby avenue two hundred feet
therefrom, north seventy-eight degrees eleven minutes west, four
thousand four hundred thirty-one and three-tenths feet to a stake two
hundred feet west of Old Barracks road in the Rosser property ;
thence south ten degrees forty minutes west, paralleling Rugby road
and two hundred feet therefrom, one thousand one hundred nine and
two-tenths feet to a stake opposite gate posts of entrance to Rosser
property ; thence north seventy-two degrees forty-nine minutes west,
one thousand one hundred ninety-six and three-tenths feet to a stake
in fence between Dabney and Moore properties ; thence south fifty-six
degrees fifty-five minutes west, two thousand five hundred ninety-
three and seven-tenths feet to a stake near the westport of Massey’s
gate on north side of Ivy road; thence south twelve degrees fifty-three
minutes west, five hundred eighty-eight and four-tenths feet to
stake in the north side of the Lynchburg road, the following courses,
forty-three degrees forty-three minutes west, one hundred and ninety-
seven and six-tenths feet to a stake; south fifty-two degrees fifty-five
minutes west, five hundred and eighty-eight and four-tenths feet to
stake; south fifty-four degrees thirty-seven minutes west, three hun-
dred and twenty-five feet to a stake; south forty-eight degrees fifty
minutes west, one hundred feet to stake; south fifty degrees forty-
three minutes, eighty-five feet to stake; south sixty-one degrees
thirty-five minutes west, one hundred and eighty feet to stake; south
seventy-three degrees fifty-five minutes west, one hundred and fifty-
five feet to stake; south eighty-seven degrees sixteen minutes west,
one hundred feet to stake; north eighty-two degrees twenty-one min-
utes west, one hundred and forty-three feet to stake; north seventy-
two degrees sixteen minutes west, one hundred and sixty-eight feet
to stake; south eighty-two degrees eighteen minutes west, one hun-
dred and sixty-nine feet to stake; thence south twenty-two degrees
fifty-five minutes east, crossing Lynchburg road one hundred and
sixty-five feet to a stake in the west line of Maury avenue; thence
along said Maury, avenue the following courses, south eleven degrees
fifty-three minutes east, sixty feet to a stake; south no degrees thirty-
eight minutes west, two hundred and eighty feet to stake; south
forty-three degrees thirty-three minutes east, four hundred two and
one-tenth feet to a stake; south sixteen degrees forty-one minutes
east, two hundred. seventy and three-tenths feet to stake; south no
degrees eight minutes east, three hundred thirteen and three-tenths
feet to the place of beginning, shall be and is hereby, made the
city of Charlottesville; and the inhabitants of the city of Charlottes-
ville for all purposes for which towns and cities are incorporated ir
this Commonwealth, shall continue to be one body, politic in fact anc
in name, under the style and denomination of the city of Charlottes-
ville, and as such shall have all the rights, immunities, powers, and
privileges, and be subject to all the duties and obligations now incum-
bent and pertaining to said city as a municipal corporation; and by
that name may sue and be sued, and be subject to all the provisions
of the Code of Virginia, except so far as may be herein otherwise
provided.

Section 3. The said city shall be divided into wards as now consti-
tuted, but the number of wards may be hereafter increased or dimin-
ished and the boundaries thereof changed by the city council as
authorized by law.

Section 4. (a) The municipal authorities of the said city shall
consist of a council of three members, one of whom shall be mayor,
as hereinafter set forth, unless and until this form be changed in a
manner prescribed by law, a clerk of the corporation court, a Com-
monwealth’s attorney, a treasurer, a sergeant, a commissioner of the
revenue, a police justice, a justice of the peace, a constable, who
shall be elected by the qualified voters of the city of Charlottesville
at elections held at the intervals and on the days prescribed for
such elections by the laws of the State. All persons who are quali-
fied voters of the city of Charlottesville shall be eligible to any of
the said offices. The terms of office of all of said officers'shall begin
and continue for such length of time as is prescribed by law; pro-
vided, that any one of said officers shall be eligible to one or more
offices to be filled by the council—that is to say, that any officer
elected by the people may hold office to which he was elected as
well as one or more offices to which he may be elected or appointed
by the council. All the corporate powers of said city shall be exer-
cised by said council, or under its authority, except as otherwise
provided herein.

-(b) The form of government for said city shall be modified com-
mission plan, as follows: All corporate powers, legislative, financial
and police authority vested in the city of Charlottesville by law shall
be and is hereby vested in a council of three members to be elected
at large from the qualified voters of the city, except as hereinafter
provided.

(c) Each of said councilmen shall hold office for two years and
shall receive an annual salary of three hundred dollars each (except
the president of said council, who shall be mayor, and shall receive
five hundred dollars) from the city for their services.

(d) An election shall be held in the said city pursuant to law, at
the time for the next regular election for councilmen in June, nine-
teen hundred and twenty-two. As soon as the said councilmen shall
qualify, they shall meet and elect from their number a president,
who shall be mayor without veto power, and who shall preside and
also have a vote on all questions. Said council shall also elect a
vice-president. Said council, so composed, shall take office on Sep-
tember first, nineteen hundred and twenty-two, from and after which
time the powers and duties and salaries of the mayor and two
branches of the council heretofore elected shall cease.

_(e) It shall be the duty of said council of three members to
immediately elect for a period of one year a business manager at a
salary to be fixed by thém, who may be removed from office by said
council at their discretion.

_ (f) Said business manager shall have full executive authority in
the management of all ministerial affairs, and shall have the nght to
employ and discharge all employees under his control. Said business
manager shall give a bond for the faithful performance of his duties
for such sum as said council may require. The duties and responsi-
bilities of said business manager are to be fixed by ordinance of the
city council. Until said council so fixes his duties and responsibilt-
ties, the said business manager shall have the powers vested in city
managers by sections two thousand nine hundred and forty-four and
two thousand nine hundred and forty-five of the Code of Virginia,
nineteen hundred and nineteen, and general laws amendatory thereof.

(g) In all other respects the said council shall have and be vested
with the same authority heretofore exercised by the mayor and the
two branches of the council, and in all other respects their duties
and liabilities shall be regulated by the existing laws, not in conflict
herewith.

Section 5. There may be elected by the council such officers and
clerks as said council deems proper and necessary, and any one or
more of said offices may be held and exercised by the same person.
The officers herein mentioned shall be elected or appointed by the
council on the first day of September, nineteen hundred and twenty-
two, or as soon thereafter as practicable, and biennially thereafter,
except when elected to fill a vacancy (which may be done by the
council), in which case the election shall be for the unexpired term.
It may be competent for the council, in order to secure the services
of a suitable person, to elect non-residents, but such officer shall
reside in the city during his tenure of office.

Section 6, The councilmen, and other officers elected by the peo-
ple shall each, before entering upon the duties of their offices, take
the oaths prescribed for all other officers by laws of Virginia, and
qualify before the corporation court of said city, or the judge thereof
in vacation, and in the cases of the mayor, and councilmen a certifi-
cate of such oaths having been taken, shall be filed by them, respec-
tively, with the clerk of the council, who shall enter the same upon
the journal thereof; but if any or either of said officers shall fail to
qualify, as aforesaid, for ten days after the commencement of the
term for which he, or they, were elected, or shall neglect for a like
space of time to give such bond as may be required of him, his ofhce
or their offices shall be deemed vacant.

Section 7. Whenever, from any cause, a vacancy shall occur in
the office of mayor, it shall be filled by the council and a vacancy
in the office of councilmen shall be filled by that body at its next
regular meeting from the qualified electors of said city, and the
office thus elected shall hold his office for the term for which his
predecessor was elected, unless sooner vacated by death, resignation,
removal, or from other causes. An entry of said election shall be
made in the record book. If the mayor of said city or a councilman
shall remove from the city limits, such removal shall operate to
vacate his office.

Section 8. At its first meeting in September, nineteen hundred
and twenty-two, and biennially thereafter, the council shall elect one
of its members to act as president, who shall preside at its meetings
and continue in office two years. Or if a vacancy occur in the office
before the end of his term, such vacancy shall be filled as provided
in section seven.

At the same time the council shall elect one of its members to be
a vice-president, who shall preside at such meetings in the absence
of the president, and who, when the president shall be absent or
unable to perform the duties of his office, by reason of sickness, or
other cause, shall perform any and all duties required of, or entrusted
to, the president. The president, or the vice-president, when author-
ized, as above stated, to act, shall have power at any time to call
a meeting.

Section 9. Two councilmen shall constitute a quorum for the
transaction of business at any meeting of that body.

Section 10. The president, or vice-president, as the case may be,
shall be entitled to a vote on all questions as any other member, but
in no case shall he be entitled to a second vote on any question,
though it be necessary to break a tie—that is to say, his office shall
not entitle him to a vote. ;

Section 11. The council shall have authority to adopt such rules
and to appoint such officers and clerks as it may deem proper for
the regulation of its proceedings, and for the convenient transaction
of business, to compel the attendance of absent members, to punish
its members for disorderly behavior, and by vote of two-thirds of
all the members elected to it, expel a member for malfeasance or
misfeasance in office. The council shall keep a journal of its proceed-
ings, and its meetings shall be open, except when, by a recorded
vote of two-thirds of those members present, it shall declare that the
public welfare requires secrecy. The council shall also require to be
kept by its clerk a separate book, termed “the general ordinance
book,” in which shall be recorded all ordinances and resolutions of a
general and permanent character, properly indexed and opened to the
public inspection. Other documents or papers in the possession of
the clerk of the council which may affect the interest of the city shall
not, without special order of the body, its president or vice-president,
be exhibited, nor copies thereof furnished to other persons than the
committees or city officials entitled thereto.

Section 12. At each regular meeting of the council the proceed-
ings of the last regular meeting and all intervening called meetings,
shall be read, and thereupon be corrected, if erroneous, and signed
by the person presiding for the time being.

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

Section 13. The council of the city, except as hereinbefore pro-
vided, shall have power within said city to control and manage the
fiscal and municipal affairs of the city and all property, real and per-
sonal, belonging to said city; they shall have power to provide a
revenue for the city, and appropriate the same to its expenses, also
to provide the annual assessments of taxable persons and property
in the city, and it may make such ordinances, orders, and by-laws
relating to the foregoing powers of this sectidn as it shall deem
proper and necessary. They shall likewise have power to make such
ordinances, by-laws, orders and regulations as it may deem desirable
to carry out the following powers which are hereby vested in them:

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

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

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

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

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

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

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

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

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

Tenth. To direct the Iocation of all buildings for storing gun-
powder or other explosive or combustible substance; to regulate or
prohibit the sale and use of dynamite, gunpowder, fire-crackers,
kerosene oil, gasoline, nitro-glycerine, camphene, burning fluid, and
all explosive or combustible materials, the exhibition of fireworks,
the discharge of firearms, the use of candles and lights in barns,
stables and other buildings, the making of bonfires and the carrying
of concealed weapons.

Eleventh. To prevent the running at large in said city of all
animals and fowls, and to regulate and prohibit the keeping or raising
of the same within said city, and to subject the same to such con-
fiscation, levies, regulations and taxes as it may deem proper.

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

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

Fourteenth. To prevent vice and immorality; to preserve public
peace and good order, to prevent and quell riots, disturbances and
disorderly assemblage; to suppress houses of ill-fame, and gaming
houses, to prevent lewd, indecent or disorderly conduct or exhibitions
in the city, and to expel from said city persons guilty of such conduct.

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

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

_ Seventeenth. Said council shall have power to require and take
from the city’s business manager, chief of police, treasurer, auditor,
commissioner of the revenue, and all other bonded officers, bonds
with security and in such penalty as they may see fit, which said
bonds shall be made payable to the city by its corporate name, and
conditioned for the faithful discharge of their duties; said bonds
shall be entered on the record of the council and shall be filed with
the clerk of the corporation court of the city.

Eighteenth. Said council shall have power to erect, or authorize
or prohibit the erection of gas works, waterworks, or electric light
works in or near the city, and to regulate the same.

Nineteenth. To prohibit the pollution of water which may be
provided for the use of the city.

Twentieth. To pass all by-laws, rules and ordinances, not repug-
nant to the Constitution and laws of the State, which they may deem
necessary for the good order and government of the city, the manage-
ment of its property, the conduct of its affairs, the peace, comfort,
convenience, order, morals, health, and protection of its citizens or
their property, including authority to keep a city police force; and
to do such other things, and pass such other laws as may be neces-
sary or proper to carry into full effect any power, authonty, capacity,
or jurisdiction, which is, or shall be granted to, or vested in said
city, or officers thereof, or which may be necessarily incident to a
municipal corporation; and to enable the authorities of said city
more effectually to enforce the provisions of this section, and any
other powers conferred upon them by this charter, their jurisdiction,
civil and criminal, is hereby declared to extend one mile beyond the
corporate limits of said city.

Twenty-first. To create a floating debt not exceeding one hundred
thousand dollars when, by a vote of the total membership of the
council, the council has passed a resolution declaring it expedient to
do so, and when the creating of the floating debt thereby provided
for is for the purpose of installing, or extending, one or more public
utilities, which shall constitute an asset, or assets, at least equal in
value to the amount expended thereon, which utility, or utilities,
shall materially add to the service rendered by the city to its tax-
payers and other citizens; and it shall be the duty of the council to
provide in the next bond issue for the bonding of the floating debt
thus created, and failure to do this shall suspend this clause.

Section 14. Local assessments upon abutting landowners for
making and improving the sidewalks upon the streets and improving
and paving the alleys, and for either the construction or for the use
of sewers, may be imposed not in excess of the peculiar benefits re-
sulting therefrom to such abutting landowners. And the same shall
be regulated as prescribed by the general law.
Section 15. To carry into effect the powers herein enumerated,
and all other powers conferred upon said city and its council by the
laws of Virginia, said council shall have power to make and pass all
proper and needful orders, by-laws, and ordinances not contrary to
the Constitution and laws of said State, and to prescribe reasonable
fines and penalties, including imprisonment in the city jail for a period
not exceeding six months, and for the enforcement of the collection of
fines, to impose imprisonment for a period not exceeding ninety days,
which fines, penalties or imprisonment shall be imposed, recovered
and enforced by and under the police justice, or any alderman or
councilman of said city. The city may maintain a suit to restrain,
by injunction, the violation of any ordinance, notwithstanding such
ordinance may provide punishment for its violation. And the au-
thorities of said city may, in accordance with the contract between the
councils of said city and the county of Albemarle, continue to use
the jail of said county for any purpose for which the use of a jail
may be needed by them, under the acts of the council or of the
State of Virginia; provided, however, that in all cases where a fine or
imprisonment is imposed by the police justice, or councilman, or by
the council, the party or parties so fined or imprisoned shall have
the right of appeal to the corporation court of said city. All fines
imposed for the violation of the city charter, by-laws, or ordinances,
shall be paid into the city treasury.

Section 16. Each councilman, and the police justice of said city,
for the time being, are declared to be, and are hereby, constituted
conservators of the peace within said city, and within one mile from
the corporate limits thereof, and shall have all the powers and
authority, in civil, as well as in criminal cases, as justices of the
peace. And the chief of police and the policemen of the city shall
also be conservators of the peace within the limits aforesaid, and all
proper arrests may be made and warrants of arrest executed by such
chief of police and policemen.

Section 17. The council shall cause to be made up annually, and
entered upon its journal, an accurate estimate of all sums of money
which are or may become lawfully chargeable on said city, and which
ought to be paid in one year; the said council shall order a city levy
of so much money as in its discretion shall be sufficient to meet all
just demands against the corporation.

Section 18. The levy so made shall be laid on all persons
who are residents of said city over twenty-one years of age, upon
dogs, and upon all personal and real estate within said city, except
such persons, personal and real estate as are exempt from taxation
under the laws of this State, and also upon all other such subjects
within said city as may at the time be assessed with State taxes;
provided, however, that the tax on real estate and personal property
shall not exceed in any one year one dollar and eighty-five cents on
every hundred dollars value thereof; and provided, also, that lands
while used for agricultural or grazing purposes included in this
charter, at the time they are taxed, may be assessed for incorporation
purposes at a lower rate; provided, however, that nothing in this act
contained shall authorize the imposition of a tax upon intangible
personal property at a rate in excess of that authorized by gen-
eral law.

But nothing contained in this section, as hereby amended, shall
limit or restrict the power of the city council to levy such additional
taxation as they may deem necessary for the use and benefit of the
city; provided, such additional taxation shall be authorized and
sanctioned by a vote cf the qualified voters of said city, in the mode
and manner prescribed in section twenty-three of this charter, or be
authorized by the council by a vote equal to at least two-thirds of
the total membership. Provided, that nothing in this section shall
be construed to repeal or amend any general law of the State now
in effect.

Section 19. License taxes may be imposed by ordinance on busi-
nesses, trades, professions, and callings and upon the persons, firms,
associations and corporations, engaged therein and the agent thereof.
except in cases where taxation by the localities shall be prohibited
by the general law of the State, and nothing herein shall be con-
strued to repeal, or amend any general law with respect to taxation.

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

And said council may also grant or refuse license to owners or
keepers of wagons, drays, carts, hacks, and other wheeled vehicles
kept or employed in said town for hire or as carriers for the public,
may prescribe a schedule of charges for their services, and may re-
quire the owners of such wagons, drays, carts, and so forth, using
them in the city, to take out a license therefor, and require taxes to
be paid thereon, and subject same to such other regulations as they
may deem proper.

Section 20. The revenue from these and other sources shall be
collected, paid over, and accounted for at such times and to such
persons as the council shall order, and pursuant to such ordinance
as now exists or may hereafter be passed by the council. The city
treasurer shall be the custodian of all the funds of the city.

Section 21. The council shall require the treasurer of the said
corporation to make out a quarterly report of .the receipts and
expenditures, together with a balance sheet of said city for the
preceding quarter, which report shall state on what account the ex-
penditures were made, and from what source or sources the receipts
were derived, which report when approved by the council, or in such
manner as the council may direct, shall be published in one or more
newspapers of the city on or before the twentieth day of December,
March, June and September of each year.

Section 22. The council of said city of Charlottesville is hereby
authorized to make and issue the registered or coupon bonds of saic
corporation, payable not exceeding forty years after their date, bear-
ing interest at not more than five per centum per annum, payable semi-
annually; said bonds to be used exclusively in paying off and dis-
charging the principal and interest of the present bonded debt of the
corporation of Charlottesville. The said councils shall not be au-
thorized to dispose of such bonds at less than par value, except by
a recorded affirmative vote of all the members elected to the council.
Said registered and coupon bonds shall be regularly numbered, signed
by the mayor, clerk and treasurer of the city, and recorded in a book
kept for that purpose. |

Section 23. To provide for the payment of the bonded debt of
the city there shall be set apart annually by the council from the
revenues of the city such sum as will be sufficient to meet each issue
of bonds, either heretofore or hereafter issued, as the same shall be-
come due, except that for any issue of bonds a definite amount of
which is payable annually and known as serial bonds no sum shall be
so provided; but for such serial bonds the council shall make in their
annual budget definite provision for their payment. The fund thus
set apart shall be paid in two equal installments on the first day of
January and the first day of July of each year, to the sinking fund
commissioners hereafter designated, and shall, together with the ac-
cretions thereto arising from interest on investments, etc., be known
as the sinking fund, and be held sacred for the payment of the debt
of the city as it shall become due; and if no part of said debt be due
or payable, said fund shall be invested in the bonds or certificates of
debt of said city, or of this State, or the United States, or of some
State of this Union, or any other bonds the sinking fund commis-
sioners may deem a safe investment; said fund shall, in the hands of
the treasurer, as to all questions of investments, purchase or sale
within the limitations of this section, be subject to the orders and
management of the mayor, chairman of the finance committee of the
council, auditor, and treasurer, who together shall compose the sink-
ing fund commission.

Section 24. The council of said city may negotiate any loan or
loans for the purpose of improving the streets, lighting the same,
buying necessary real estate, erecting public buildings, supplying the
city with water,. sewerage, and for other purposes; and shall have
authority to issue registered and coupon bonds for the said loan or
loans, payable not more than forty years after the date of said bonds,
and said bonds shall bear interest at a rate not greater than five per
centum, payable semi-annually; provided, that the council shall not
negotiate such loan or loans, and issue bonds therefor, for sums which
when added to the debt of the city then existing, shall cause the total
indebtedness of the city to be greater than eighteen per centum of
the assessed valuation of the real estate of the city subject to taxa-
tion, as shown by the last preceding assessment for taxes; provided,
however, that in determining the limitation of the power of the city
to incur indebtedness, there shall not be included the classes of in-
debtedness mentioned in subsection a and b of section one hundred
and twenty-seven of the Constitution of the State; and provided,
further, that such bonds are authorized by an ordinance enacted in
accordance with section one hundred and twenty-three of the Con-
stitution of Virginia, and approved by the affirmative vote of a ma-
jority of the qualified voters of the city who vote upon the question
of their issuance, to be ascertained at a general election or at
a special election held for that purpose; said special election,
if one be held, to be ordered by the council, and to be conducted
in accordance with the law of the State of Virginia, regarding
election by the people. But no election touching the question shall
be held until notice thereof has been given by publication for four
successive weeks in one or more newspapers published in said city,
and recorded in a book to be’ kept for that purpose.

Section 25. The rights of the city in its gas, water and electric
works and sewer plant, now owned, or hereafter acquired, shall not
be sold even after such action of the council as is prescribed by
section three thousand and sixteen of the Code of Virginia of nine-
teen hundred and nineteen, until and except such sale shall have been
approved by a majority of the qualified voters of the city, voting on
the question at a special election ordered by the council and subject
in other respects to the provisions of section twenty-four of this
charter applicable to a special election.

Section 26. The city sergeant shall attend the terms of the cor-
poration court of said city and shall act as the officer thereof; the
said sergeant may, with the approval of the said court, appoint one
or more deputies, who may be removed from office by the sergeant
or the said court, and may discharge any of the duties of the office
of sergeant, but the sergeant and his sureties shall be liable therefor.

Section 27. The officers of said city elected or appointed by the
council shall, during the time they are in office, have all the power
and authority of like officers in the State under its general laws,
unless the same be abridged or restricted by the councils.

Section 28. The mayor or the council may prohibit any theatrical
or other performance, show or exhibition within said city or a mile
of its corporate limits, which may be deemed injurious to morals
or good order. >

Section 29. The mayor, except as hereinbefore: provided in sec-
tion four, subsection f, shall be the chief executive officer of the
city, and shall take care that the by-laws and ordinances thereof are
fully executed. He shall see that the duties of the various city of-
ficers, members of the police and fire departments, whether elected or
appointed, in and for the city, are faithfully performed. He shall have
power to investigate their acts, have access to all books and docu-
ments in their offices, and may examine them and their subordinates
on oath. The evidence given by persons so examined shall not be
used against them in any criminal proceedings. He shall also have
power to suspend such officers and the members of the police and
fire departments, and to remove such officers for misconduct in office
or neglect of duty, to be specified in the order of suspension or
removal; but no such removal shall be made without reasonable
notice to the officer complained of and an opportunity afforded him
to be heard in person or by counsel, and to present testimony in his
defense. From such order of suspension or removal the city officer
so suspended or removed, or the member of the police and fire depart-
ments so suspended, shall have an appeal of right to the corporation
court.

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

section 30. The police justice shall have and possess all the
jurisdiction and exercise all the powers and authority in all criminal
cases of a justice of the peace for said city, and his jurisdiction shall
extend to within one mile of the corporate limits of the city; but he
shall receive no fees for services as such police justice, but all such
fees shall be turned into the city treasury. He shall also have juris-
diction of and try violations of the city ordinances, and inflict such
punishment as may be prescribed for a violation of the same. He
shall have authority to issue his warrant for the arrest of any person
or persons violating any of the ordinances, acts or resolutions of said
city; it shall be his duty especially to see that peace and good order
are preserved, and persons and property are protected in the city;
he shall have power to issue executions for all fines and costs im-
posed by him or he may require the immediate payment thereof, and
in default of such payment he may commit the party in default to the
city jail until the fine and costs be paid, for a period, however, not
exceeding ninety days. He shall hold his court daily, except Sundays,
at the place prescribed by the council, and if from any cause he
shall be unable to act, he shall appoint any other justice of the
peace, or any councilman of said city, to discharge the duties
of the police justice prescribed herein during such inability, and
who shall be paid for such services by the police justice at the
same rate per diem as such police justice receives. The police justice
shall keep a regular account of all fines, forfeitures, fees and costs
imposed, arising or collected in the administration of his office, which
he shall report monthly to the city treasurer, except‘that all fines col-
lected for offenses committed against the State shall go to the literary
fund, as provided by law. The police justice of said city shall be
removed, as hereinbefore provided, by the mayor upon proof of mal-
feasance or misfeasance in office. The police justice shall receive a
compensation for his services, to be fixed by the councils, which shall
not be increased or decreased during the term for which he is elected,
but said compensation shall not be more than twelve hundred dol-
lars per annum, but nothing herein contained shall be deemed to
repeal or alter the general law with respect to civil and police jus-
tices in cities.

Section 31. The salaries of all officers who receive stated com-
pensation for their services from the city shall be fixed by the
council.

Section 32. The council shall fix by ordinance the time for
holding their stated meetings and no business shall be transacted
at a special meeting, unless by unanimous consent, except that for
which it shall have been called, and every call for a special meeting
shall specify the object thereof.

Section 33. The regulation and restrictions for granting any
franchise in the city shall be such as are provided by the general
law as found in section ten hundred and thirty-three-e of the Code
of: Virginia of nineteen hundred and four.

Section 34. All moneys belonging to said city shall be paid over
to the treasurer, and no money shall be by him paid out except as
the same shall have been appropriated and ordered to be paid by the
councils, and the said treasurer shall also pay the same upon warrants
approved in such manner as may be prescribed by ordinance of the
council.

Section 35. If the said treasurer shall fail to account for and
pay over all of the moneys that shall come into his hands when
thereto required by the council, it shall be lawful for the council,
in the corporate name of the city, by motion before any court of
record having jurisdiction in the city of Charlottesville, to recover
from the treasurer and his sureties, or their personal representatives,
any sum that may be due from said treasurer to said city on ten days’
notice.

Section 37. All fines imposed for any violation of any city ordi-
nance or State law shall be collected by the chief of police; and if
said chief of police'shall fail to collect, account for, and pay over all
the fines in his hands for collection, it shall be lawful for the council
to recover the same, so far as the same are accruing to the city, by
motion, in the corporate name of the city, before the corporation
court of said city, against the said chief of police, his sureties on
his said bond, or any or either of them, his or their executors or
administrators, on giving ten days’ notice of the same.

Section 38. The council shall have power to make such ordi-
nances, by-laws, orders and regulations as they may deem necessary
to prevent dogs, hogs and other animals from running at large in the
limits of the city, and may subject the owners thereof to such fines,
regulations and taxes as the councils may deem proper, and may sell
said animals at public auction to enforce the payment of said fines and
taxes; and may order such dogs, as to which are in default, to be
killed by a policeman or constable.

Section 39. The city shall not take or damage any private prop-
erty for streets, or other public purposes, without making to the
owner, or owners, thereof just compensation for the same. But in
all cases where the city council cannot by agreement obtain title to
the ground necessary for such purposes, it shall be lawful for it to
apply to the circuit court of the county in which the land shall be
situated, or to the proper court of the city having jurisdiction of such
matters, if the subject lie within the city, to condemn the same.

Section 40. In every case where a street in said city has been or
shall be encroached upon by any fence, building or otherwise, the
city council may require the owner or owners, if known, and if un-
known the occupant or occupants of the premises so encroaching, to
remove the same. If such removal shall not be made within the time
ordered by the city council, it may impose a penalty of five dollars for
each and every day that it is allowed to continue thereafter, and may
cause the encroachment to be removed, and collected from the owner
all reasonable charges therefor, with cost, for which there shall be
lien on the premises so encroaching, which lien may be enforced in
a court of eq:::ty having jurisdiction of the subject. No encroach-
ment upon any street, however long continued, shall constitute an
adverse possession thereto, or confer any right upon the peison claim-
ing thereunder as against said city.

Section 41. All rights, privileges and properties of the city of
Charlottesville heretofore acquired and possessed, owned and en-
joyed by an act now in force, not in conflict with this act, shall con-
tinue undiminished and remain vested in said city under this act;
and alli laws, ordinances and resolutions of the corporation of Char-
lottesville now in force, and not inconsistent with this act, shall be
and continue in full force and effect in the city of Charlottesville,
until regularly repealed.

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

Section 43. That the corporate authorities of said city be, and
they are hereby, authorized and empowered to erect suitable dams and
reservoirs, and to lay suitable pipes to supply said city with an
adequate supply of water, and to establish and construct a sewerage
system for said city; and for such purpose to acquire, either by
purchase or by condemnation, according to the provisions of the
general law for the condemnation of lands by incorporated cities, such
lands and so much thereof as may be necessary for the aforesaid
purposes. ,

Section 44. All elections under this charter shall conform to the
general law of the State in regard to elections by the people.

Section 45. The property now belonging to the county of Albe-
marle within the limits of the city of Charlottesville shall be within
and subject to the joint jurisdiction of the county and city authorities
and officers, and shall not be subject to taxation by the authorities of
either county or city; and if the county and city aforesaid cannot
agree upon the term of joint occupancy and use of such property
in regard to which settlements may not have already been effected,
the right of said city to such joint occupancy and use being hereby
recognized, then the board of arbitration herein provided for shall
determine the terms of such joint occupancy and use, and said board
of arbitration shall determine what rights, if any, the city aforesaid
has in all other county property ; but this 1s subject to the recognition
of the right of the city, as well as the county (through the district
school board or otherwise) in the school property in Charlottesville
school district ; and nothing herein contained shall affect the rights
of the inhabitants of said city to participate in the beriefits of the
Miller Manual Labor School in the Samuel Miller district in said
county.

Section 46. A board of arbitrators composed of three members,
one to be selected by the board of supervisors of Albemarle county,
one by the council of Charlottesville, and they to choose a third,
is hereby established, whose duty it shall be to adjust and decide the
matters hereinbefore submitted to them, and all such other questions
as may arise between said city and county, growing out of the exten-
sion of the corporation limits, and the establishment of a city gov-
ernment. The awards of said arbitrators shall be entered upon the
records as the judgments of the city court or the county circuit court,
as the arbitrators may designate.

Section 47. And it is further provided that the same person shall
be eligible to and, if elected, may hold a county office and a city
office, if the said offices be of the same nature, at the same time;
provided, such officer lives within the city limits; and any person
otherwise qualified, who is a resident of the city of Charlottesville,
shall be eligible to election or appointment to any county office of
Albemarle county.

Section 48. It appearing that an emergency exists by reason of
the fact that the election for councilmen must be held in the city
of Charlottesville in June, nineteen hundred and twenry-two, and
also by reason of the fact that license taxes have to be adjusted in
the city of Charlottesville on the first day of May in each year, this
act is hereby declared to be an emergency act within the provisions
of section fifty-three of the Constitution of Virginia, and shall be in
force from its passage and retroactive and effective as of the six-
teenth day of March, nineteen hundred and twenty, as herein
provided.
Section 49. All acts and parts of acts inconsistent herewith are
hereby repealed; but such repeal shall not affect any offense or act
committed or done, or any penalty or forfeiture incurred, or any
right established, accrued or accruing prior to the approval of this
act by the governor, and shall not affect any right, act or transaction
legalized and validated by section forty-eight of an act of the general
assembly of Virginia, approved on the twenty-eighth day of Feb-
ruary, nineteen hundred and twenty-two, amending and re-enacting
the charter of the city of Charlottesville.