Chap. 473.—An ACT to provide a new charter for the city of Roanoke and to re-
peal the existing charter of said city and the several acts amendatory thereof,
and all other acts or parts of acts inconsistent with this act so far as they re-
late to the city of Roanoke. [S B 397]

Approved March 22, 1924.

1. Be it enacted by the general assembly of Virginia, as follows:

Section 1. ‘The city and its boundaries.—The inhabitants of the
territory comprised within the present limits of the city of Roanoke, as
hereinafter described, or as the same may be hereafter altered and es-
tablished by law, shall continue to be a body politic and corporate, to
be known and designated as the city of Roanoke, and as such shall have
and may exercise all powers which are now, or hereafter may be, con-
ferred upon, or delegated to, cities under the Constitution and laws of
the Commonwealth of Virginia, as fully and completely as though said
powers were specifically enumerated herein, and no enumeration of
particular powers by this charter shall be held to be exclusive; and the
said city of Roanoke as such shall have perpetual succession, may sue
and be sued, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure, the present
boundaries of the said city being as follows, to-wit:

Beginning at a point on the Roanoke river, in the corporation line
of the city of Roanoke, as of February twenty-eighth, eighteen hundred
and ninety-six, located at the intersection of the line produced on the
south side of an alley, northeast of Arbutus avenue of the Riverland
road addition, as set forth in their plan prepared by Messrs. Smith,
Bradford and Gilbert, and dated May twenty-ninth, nineteen hundred
and thirteen, and running thence with the southeast side of said alley,
south forty-seven degrees, east fifteen hundred and twenty-seven feet
to the south side of Ivy street, as set forth in their plans; thence south
forty-three degrees, west four hundred and ninety-four feet to the south-
east side of Belville avenue or the old Ballyhack road; thence with the
southeast side of said avenue or the old Ballyhack road south forty-
seven degrees, east seven hundred and thirty-eight feet to a point;
thence south three degrees, east seventeen hundred and seventeen and
five-tenths feet to the planted corner stone, near the top of Mill Moun-
tain, east of the observatory; thence along the top of Mill Mountain,
south seventy-eight degrees forty-five minutes, west eight hundred and
twenty-seven feet to a point; thence south seven degrees forty-nine min-
utes, west twenty-seven hundred and ninety-seven and three-tenths
feet to a point east of Mountain Park; thence south forty-one degrees,
forty-two minutes, west eighty and five-tenths feet to the intersection
of the eastern boundary line of the Crystal Spring Land Company,
corner of Hartsook; thence with his line south thirty-one degrees fifteen
minutes, west six hundred and seventeen and one-tenth feet to a point;
thence continuing with his line north eighty-four degrees, no minutes,
west six hundred and three and nine-tenths feet to a point; thence
south thirty-two degrees forty-five minutes, west thirteen hundred and
three and five-tenths feet to a point; thence south thirty degrees thirty
minutes, west five hundred and sixty-one feet to corner Virginia Iron,
Coal and Coke Company’s lands on the south; thence with its lines
south seventy-seven degrees forty-five minutes, west four hundred and
eighty-four feet to a point in the center of a road; thence continuing
south seventy-seven degrees forty-five minutes, west four hundred,and
sixty feet to a point; thence north four degrees nine minutes, east eight
hundred and fifty feet to a point on the east side of a continuation of
Cornwallis avenue, as set forth on the Crystal Spring Land Company’s
plat; thence crossing said avenue south seventy degrees forty-nine min-
utes, west eighty-three feet to the southeast corner of the Mary W.
Sands property; thence with her property, south seventy degrees forty-
nine minutes, west four hundred and eight feet to a point; thence north
forty degrees one-tenth minute, west three hundred feet to a points
thence north forty-nine degrees twenty-one minutes, west five hundred
and sixty-five feet to a point; thence north fifty-four degrees five-tenths
minute, west five hundred and fifty-eight and eight-tenths feet to Rich-
lieu avenue; thence crossing said avenue north fifty-seven degrees forty-
one minutes, west five hundred and eighty feet to the northeast corner
of the Virginia College property; thence following its line north thirty-
two degrees nineteen minutes, west six hundred and seventy-five one
hundredths feet to a point; thence north fifty-seven degrees forty-one
minutes, west seven hundred and four feet to Carolina avenue; thence
south thirty-four degrees thirty minutes, west twelve hundred and forty-
eight feet to a corner of the Wertz land; thence with his line north
twenty-six degrees fifteen minutes, west nine hundred and twenty-four
feet to a point; thence north forty-stx degrees fifteen minutes, west five
hundred and ninety-four feet to a point; thence north forty-four degrees
forty-five minutes, west eight hundred and forty-one and five-tenths
feet to a point; thence north thirty-six degrees thirty minutes, east two
hundred and seventy and six-tenths feet to the corner of the Bryant
land; thence north fifty-one degrees no minutes, east four hundred and
eighty and ninety-seven one-hundredths feet to a point; thence north
seventy-two degrees fifteen minutes, east four hundred and eighty-five
and one-tenth feet to a point; thence north thirty-six degrees thirty
minutes, west two hundred and ninety-seven and no tenths feet to a
point; thence north thirty-one degrees no minutes, west two hundred and
seventy-seven and two-tenths feet to a point; thence north sixty-two
degrees fifteen minutes, east one hundred and seventy-two and seventy-
six one-hundredths feet to a point; thence north thirty degrees fifteen
minutes, west crossing a creek forty-three and eighty-nine one-hun-
dredths feet to a point; thence north five degrees fifteen minutes, east
one hundred and forty-eight and five-tenths feet to a point; thence
north fourteen degrees forty-five minutes, east one hundred and twenty-
two and seventy-six one-hundredths feet to a point; thence north twenty-
nine degrees, thirty minutes, east one hundred and nine and eighty-
nine one-hundredths feet to a point in the south side of road; thence
north forty-two degrees forty-one minutes, west one hundred and thirty-
six feet to the west side of the old Franklin road; thence with the same
north forty-six degrees forty-two minutes, east five hundred and nine-
teen feet to a point; thence north forty-five degrees forty-seven min-
utes, east ten hundred and seventy feet to a point; thence north thirty-
three degrees three minutes, west one hundred and sixty-five feet to a
point; thence crossing a small creek north forty-six degrees thirty-seven
minutes, east twelve hundred and forty-one feet to a point; thence north
twenty-two degrees fifty-eight minutes, west thirty-six feet to the right-
of-way line of the Roanoke and Southern Railway of the Norfolk and
Western system; thence following said right-of-way line on a curve to
the left on an arc distance of six hundred and sixty feet to a point;
thence north thirty-one degrees forty-five minutes, east nine hundred
and seventy-three feet to the Roanoke river, in the corporation line of
February twenty-eighth, eighteen hundred and ninety-six; thence with
the line of old corporation up the river to the intersection of the south
side of Floyd avenue produced (Floyd avenue shown on map of Was-
ena Corporation of date May, nineteen hundred and seventeen), thence
with the south side of Floyd avenue north seventy-seven degrees no
minutes, west fifteen hundred and fifty-eight feet, more or less, to the
east side of Main street; thence with the east side of Main street south
sixty-eight degrees fifteen minutes, west five hundred and forty-two
feet to a stone; thence south fifty-three degrees thirty-nine minutes,
west four hundred and five-tenths feet to a stone on the boundary line
of the Wasena Land Company, thence with east side of Brandon road,
south twenty-nine degrees five minutes, west one hundred and sixty-
five feet to a stone; thence south four degrees twenty-three minutes,
west five hundred and ninety-three feet to a stone; thence with south
side of Brandon road south seventy-six degrees fifty minutes, west six
hundred and forty-nine fect; thence leaving Brandon road north eleven
degrees twenty-five minutes, east six hundred and ninety-nine feet to a
stone, corner to the Evergreen cemetery; thence with the line of same
north ten degrees forty-seven minutes, east four hundred and ninety-
eight feet to a stone on the line of the Wasena Land Company, thence
with line of Evergreen cemetery and Wasena Land Company north
sixty-one degrees sixteen minutes, west eighty and seven-tenths feet to
a stone between a large white oak and a large white oak stump; thence
north no degrees forty-five minutes, east nine hundred and fifteen and
five-tenths feet to a stone; thence leaving the line of the Wasena Land
Company and continuing with the lines of the Evergreen cemetery south
eighty-four degrees fifty-six minutes, west five hundred and ninety-one
feet to a stone on the east side of Dunmore street and with the east
side of Dunmore street north twenty-three degrees forty-six minutes,
two hundred and fifty-nine feet to a stone on the south side of Blue-
mont avenue; thence leaving Dunmore street and with south side of
Bluemont avenue south seventy-two degrees fifty-five minutes, west
five hundred and twelve feet to an iron fence post on the south side of
Bluemont avenue and the center line of Ghent boulevard; thence south
eighty-four degrees thirty minutes, west nine hundred and forty-seven
feet to the north edge of a concrete wall at an angle; thence north
eighty-eight degrees thirty minutes, west three hundred and forty-two
feet to a stone at the intersection of the south side of Bluemont avenue
and the west side of Winbourne street; thence with the west side of
Winbourne street south one degree thirty-five minutes, west one hun-
dred and forty-six feet to an iron fence post, a point in the line of the
Raleigh Court Corporation and with lines of same and the Evergreen
cemetery south eighty-eight degrees no minutes, east three hundred
and forty-seven feet to an iron fence post, thence south thirty-seven
degrees fifteen minutes, east six hundred and seventy-six feet to a
large white oak; thence south twenty-nine degrees fifty-eight minutes,
east four hundred and sixty feet to an iron fence post, corner to Ever-
green cemetery; thence leaving the lines of Evergreen cemetery and
continuing with the lines of Raleigh Court Corporation south no
degrees sixteen minutes fifty seconds, west three hundred and seventy-
seven and two-tenths feet to a stone; thence south seven degrees, forty-
two minutes thirty seconds, west three hundred and seventy-seven and
two-tenths feet to a stone; thence south twenty-one degrees thirty-
nine minutes fifty seconds, west one hundred and eighty-one and
eight-tenths feet to a stone; thence crossing Murray’s run south forty-
eight degrees five minutes, west four hundred and thirteen and six-
tenths feet to a stone, thence north eighty-eight degrees nineteen
minutes, twenty seconds, west four hundred and eighty-three feet to
a stone; thence north eighty-two degrees, fifty-nine minutes, twenty
seconds, west seven hundred and eighty-six and five-tenths feet to a
stone; thence south forty-one degrees, thirty-four minutes, twenty
seconds, west two hundred and eighty-four and seven-tenths feet to
a stone; thence north seventy-five degrees, fifty-two minutes, twenty
seconds, west seven hundred and one and two-tenths feet to a stone
thence north seventy-six degrees, fifty-two minutes, fifty seconds, west
nine hundred and eighty-eight and fifty-five one-hundredths feet to
stone; thence south fifty-one degrees, forty-six minutes, west five hun-
dred and seventy feet, more or less, to a stone; thence south seventy
wi Re # ORS eae AE AR NE Se ee a? | See

degrees twenty-two minutes, west ten hundred and eleven feet to a
stone; thence north thirty-five degrees, fifty-eight minutes, west three
hundred and fifty-six and seven-tenths feet, more or less, to a stone:
thence north fifty-two degrees, twenty-six minutes, east two hundred
and thirty feet to a stone; thence north twenty-one degrees, twenty
minutes, east eleven hundred and sixty feet, more or less, to a stone:
thence north eighty-seven degrees six minutes, east four hundred and
forty-six and three-tenths feet, more or less, to a white oak; thence
north four degrees twenty-nine minutes, east seven hundred and thirty
feet, more or less, to a white oak; thence leaving the lines of the Raleigh
Court Corporation, north sixty-three degrees, fifty-three minutes, west
seven hundred and five feet to a stone near a gate, a corner to the
Vaughan land, and with the same north nine degrees fifty-five minutes,
east’ six hundred and fifty-five feet to a planted stone in the center
line of Windsor avenue; thence north nine degrees thirty-nine minutes,
east eleven hundred and fifty-one feet to a planted stone on the south
side of Virginia avenue, a corner to the Vaughan land, thence leaving
the Vaughan land and with the south side of Virginia avenue south
seventy-seven degrees forty-five minutes, east one hundred and sixty-
six feet to a planted stone; thence crossing Virginia avenue and with
the east line of W. S. Doyle north eleven degrees thirty-six minutes,
east two hundred and sixty-seven feet to a planted stone, a corner
to the W. S. Doyle and the United States Potash and Brick Corpora-
tion, and with the lines of the latter north fifteen degrees twenty-five
minutes, east six hundred and forty-three feet to a planted stone;
thence north nine degrees thirty-two minutes, west three hundred and
seventy-five feet to a planted stone on the south side of Roanoke avenue
and with the south side of Roanoke avenue south eighty-five degrees,
ten minutes, west ninety-six and five-tenths feet to a point; thence
leaving the south side of Roanoke avenue and the lands of the United
States Potash and Brick Corporation north three degrees no minutes,
west three hundred and twenty-six feet to a planted stone on the south
right-of-way line of the Norfolk and Western railroad (Belt Line),
thence with south right-of-way line south eighty-five degrees fifty-five
minutes, west one hundred and eleven and five-tenths feet to a planted
stone; thence north four degrees no minutes, west four hundred and
twenty-two feet to a planted stone; thence north fifty-three degrees
fifteen minutes, west one hundred and three feet to a planted stone,
a corner of the Roanoke Lumber Supply Company, and on the south
right-of-way line of the Virginian railroad; thence north forty-five
degrees no minutes, west eight hundred and ninety-eight feet, more
or less, to the south bank of the Roanoke river, where the corporation
line of February twenty-eighth, eighteen hundred and ninety-six, in-
tersects the said south bank, said point being eighteen hundred and
fifty feet down the river from the center of the iron bridge where the
same crosses the Roanoke river from Roanoke avenue; thence following
corporation limits of February twenty-eighth, eighteen hundred and
ninety-six; said point being the western boundary line of the Roanoke
Iron Company; thence along the same and across the Norfolk and
Western railroad to the northern boundary line of said road; thence
along the northern side of said railroad land to the Sexton farm; thence
with the western boundary line of said farm to the Salem turnpike at
the southwest corner of the land of the Melrose Land Company; thence
with the northern and western boundary lines of said company’s land
to the Salem turnpike, a corner to the corporation line of February
third, eighteen hundred and eighty-two, and with the lines of the same
in an eastward direction along the Lynchburg and Salem road to the
road leading to Watt’s mill; thence with said road to a spring near
the mill; thence in a straight line to the lands of Mistress Lucy Camp-
bell, at the corner of the land of Henry Langhorne; thence east with
said Mistress Lucy Campbell’s land to the corner of the lands of J. B.
Muse and Dr. Miller and with the line of Muse and Miller to a point
on the western line of the Linwood ‘tract, being a point in the line of
the corporation line of February twenty-eighth, eighteen hundred and
ninety-six, and following the corporation line of February twenty-
eighth, eighteen hundred and ninety-six, along the western and north-
western boundary lines of the Linwood tract, crossing the Shenandoah
Valley railroad (Norfolk and Western railroad) to Tinker creek; thence
down said creek to bridge of the Norfolk and Western railway on Tinker
creek a corner to corporation of February third, eighteen hundred and
eighty-two; thence down the center of Tinker creek the following
courses: south twenty-one degrees thirty minutes, east about two
hundred feet to a point north sixty-seven degrees forty minutes, east
six hundred and sixty-nine feet to a point; thence south fifty-five de-
grees forty-five minutes, east ten hundred and sixty-nine feet to center
line of Roanoke Railway and Electric Company’s bridge; thence north
seventy-five degrees no minutes, east three hundred and seventy-four
feet to a point; thence south seventy-four degrees no minutes, east
three hundred and seventy-four feet to a point; thence south sixty-one
degrees thirty minutes, east seventy-five feet to a point; thence south
twenty-three degrees fifteen minutes, east four hundred and ninety-
five feet to a point; thence south thirty-five degrees forty-five minutes,
east five hundred and sixty feet to a point; thence south twenty-four
degrees fifteen minutes, east two hundred and seventy and five-tenths
feet to a point; thence south twenty-seven degrees twenty minutes,
east three hundred and thirty-seven feet to a point; thence south thirty
degrees fifteen minutes, east four hundred and eighty-seven and five-
tenths feet to a point; thence south twenty-nine degrees fifteen minutes,
east six hundred and twenty-five feet to the center of Tinker creek,
@ point on the corporation line of the town of Vinton and with said
corporation line north seventy-seven degrees fifty minutes, east sixty
feet to a point in the center of a small creek, the center line of which
is the corporate line of the town of Vinton; thence with the eastern
side of Tinker creek, south no degrees ten minutes, east seven hundred
and eighty feet to a point; thence south seven degrees twenty minutes,
east eight hundred and seventy feet to a point; thence south twenty
degrees fifty-one minutes, west three hundred and fifty feet to a point
of intersection of the east side of Tinker creek and the northern boun-
dary line of the Virginian railroad right-of-way; thence with the same
along a tangent, north seventy-eight degrees twenty-seven minutes
west seven hundred and sixty feet to a point of curve; thence along one
degree thirty minutes curve; to the left, an arc distance of sixteer
hundred and eleven and one-tenth feet to a point of tangent; thence
south seventy-eight degrees fifty-five minutes forty-six seconds, west
seven hundred and twenty-eight and five-tenths feet to a point of
spiral curve; thence along the spiral curve three hundred feet to a point
of curve; thence along a six degree curve to the left, an are distance of
eleven hundred and ninety feet to a point of spiral curve; thence along
the spiral curve three hundred feet to a point of tangent; thence south
ten degrees, forty-eight minutes, fourteen seconds, east two hundred
and eighty and six-tenths feet, said point being opposite station twenty
hundred and twenty-one—forty-seven and four-tenths of the center
line of the Virginian railway; thence leaving the northern right-of-way
line of the Virginian railway south sixty-eight degrees thirty-eight
minutes, west six hundred and two feet, to a point; thence north twenty-
two degrees twenty-nine minutes, west six hundred and three feet to a
point; thence south twenty-seven degrees, thirty-one minutes, west nine
hundred and fifty-four feet to a point; thence north sixty-two degrees
five minutes, west eight hundred and one feet to a point; thence south
nineteen degrees forty minutes, west seven hundred and fifty-nine feet
to a point in the eastern property line of Ninth street, southeast, and
with the same south sixteen degrees forty-five minutes, east ten hundred
and fifty feet to a point in the northern boundary of the right-of-way
of the Virginian railway opposite station nineteen hundred and eighty-
three—forty-three; thence along the northern right-of-way line of the
Virginian railway north eighty degrees, ten minutes, fourteen seconds,
west nine hundred and fifty-nine and seven-tenths feet to a point of
spiral curve; thence along spiral curve two hundred and ten feet to a
point of curve; thence along a three degree curve to the right, an arc
distance of fourteen hundred and thirty-three and three-tenths feet
to a point of curve spiral; thence along the spiral curve two hundred
and ten feet to a point of tangent; thence north thirty degrees, fifty-
two minutes, fourteen seconds, west two hundred and ten and three-
tenths feet to a point of spiral curve; thence along spiral curve three
hundred feet to point of curve; thence with a seven degree, thirty
minute curve to the left, an arc distance of one hundred and thirty-two
and seven-tenths feet opposite station nineteen hundred and forty-
eight—seventy-nine, on the center line of the Virginian railroad, said
point being the intersection of eastern corporation line of February
twenty-eighth, eighteen hundred and ninety-six (said line being the
line between the Belmont Land Company and the Buena Vista Land
Company produced), with the northern right-of-way line of the Vir-
ginian railway; thence with the corporation line of February twenty-
eighth, eighteen hundred and ninety-six, produced across the Virginian
railway right-of-way and the Roanoke river to the south bank; thence
with south bank up the river to the place of beginning.

Section 2. Powers of the city.—In addition to the powers men-
tioned in the preceding section the said city shall have power:

(1) To raise annually by taxes and assessments in said city such
sums of money as the council hereinafter provided for shall deem
necessary for the purposes of said city, and in such manner as said
council shall deem expedient, in accordance with the Constitution and
laws of this State and of the United States; provided, however, that
it shall impose no tax on the bonds of said city; provided further,
that said tax shall not exceed the sum of two dollars and twenty-five
cents ($2.25) on the one hundred dollars of assessed value of real and
personal property in this city.

(2) To impose special or local assessments for local improvements
and enforce payment thereof; provided, however, that such assess-
ments for improvements to that part of the street which constitutes
the roadway, shall be made only with the consent in writing of a major-
ity of the owners of the property affected, subject, however, to such
limitations prescribed by the Constitution of Virginia as may be in
force at the time of the imposition of such special or local assessments.

(3) Subject to the provision of the Constitution of Virginia and
of sections forty-seven, forty-eight and forty-nine of this charter, to
contract debts, borrow money and make and issue evidence of indebted-
ness.

(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 other part thereof.

(6) To acquire, in any lawful manner, for the purpose of encourag-
ing commerce and manufacture, lands within and without the city
not exceeding at any one time five thousand acres in the aggregate, and
from time to time to sell or lease the same or any part thereof for in-
dustrial or commercial uses and purposes.

(7) To make and maintain public improvements of all kinds, in-
cluding municipal and other public buildings, armories, markets, com-
fort stations or rest rooms and all buildings and structures necessary
or appropriate for the use of the departments of fire and police; and to
acquire by condemnation or otherwise all lands, riparian and other
rights and easements necessary for such improvements, or any of them.

(8) To furnish all local public service; to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by
condemnation or otherwise, within or without the corporate limits,
land and property necessary for any such purposes.

(9) To acquire in any lawful manner in any county of the State,
or without the State, such water lands, and lands under water as the
council of said city may deem necessary for the purpose of providing
an adequate water supply for said city and of piping or conducting the
samc; 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 sanitary patrol over all
lands comprised within the limits of the watershed 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 to acquire lands or material for any
such use. For any of the purposes aforesaid said city may, if the
council shall so determine, acquire by condemnation, purchase or other-
wise, any estate or interest in such lands or any of them, or any right or
easement therein, or may acquire such lands or any of them in fee,
reserving to the owner or owners thereof such rights or easements
therein as may be prescribed in the ordinance providing for such con-
demnation or purchase. The said city may sell or supply to persons,
firms or industries residing or located outside of the city limits any
surplus of water it may have over and above the amount required to
supply its own inhabitants.

(10) 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.

(11) To acquire by purchase, Jease or condemnation any existing
water, gas or electric plant, works or system, or any part thereof, within
the limits of the city, or within the territory contiguous thereto, and all
real estate, personal property and appurtenances used in connection
therewith, or any part thereof, and all rights, privileges and franchises,
or any part thereof, owned by any person or persons, corporation or
corporations, and in case of any disagreement between the city and the
person or persons, corporation or corporations, as to the amount of
price or compensation to be paid therefor, said city may condemn such
water, gas or electric plant, works or system, real estate and personal
property, and all corporate rights, privileges and franchises of such
person or persons, corporation or corporations, or any part thereof,
but the said city shall not purchase, lease or condemn an existing water,
gas or electric plant, works or system, or any part thereof, or any
appurtenances used in connection therewith, real estate or personal
property, corporate rights, privileges and franchises, or any part thereof,
until an ordinance is passed by a majority of the whole council pro-
viding for the same and published for at least thirty days from its date
in some newspaper published and circulated in the city, and a majority
of the qualified voters voting at an election advertised, held and con-
ducted in accordance with the general election laws of the State of
Virginia, shall vote so to do.

(12) 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, play grounds and other public grounds; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels, sewers
and drains, and to regulate the use of all such highways, parks, public
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 provided by law; regulate the operation
and speed of all cars and vehicles using the same, as well as the opera-
tion and speed of all engines, cars and trains on railroads within the
city; to regulate the services to be rendered and rates to be charged by
busses, motor cars, cabs and other vehicles for the carrying of pas-
sengers and by vehicles for the transfer of baggage; require all tele-
phone and telegraph wires and all wires and cables carrying electricity
to be placed in conduits under ground and prescribe rules and regula-.
tions for the construction and use of such conduits; and to do all other
things whatsoever adapted to make said streets and highways safe,
convenient and attractive.

(13) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways, and bridges beyond 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, and to
acquire land necessary for such purpose by condemnation or otherwise.

(14) Subject to the provisions of the Constitution of Virginia to
grant franchises for public utilities.

(15) 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; or to contract for and regulate the collection
and disposal thereof.

(16) To compel the abatement and removal of all nuisances with-
in the city, or upon property owned by the city, beyond its limits; to
require all lands, lots and other premises within the city to be kept
clean, sanitary and free from weeds; to regulate or prevent slaughter
houses or other noisome or offensive business within said city, the
keeping of animals, poultry or other fowls 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 un-
mecessary noise therein; to regulate the location of stables and the
manner in which they shall be kept and constructed, and generally to
define, prohibit, abate, suppress and prevent all things detrimental to
the health, morals, comfort, safety, convenience and welfare of the
inhabitants of the city.

(17) 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 accumulate
thereon, the said council may cause such ground to be filled up, raised
or drained, or may cause such substance to be covered or removed
therefrom, 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 publica-
tion for not less than ten days, in any newspaper published in said
city.

“(18) To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate or prohibit
the sale and use of dynamite, gunpowder, firecrackers, kerosene oll,
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.

(19) To prevent the running at large in said city of all animals
and fowls, and to regulate the keeping or raising of same within said
city, and to subject the same to such levies, regulations and taxes as it
may deem proper. ,
(20) To restrain and. punish drunkards, vagrants, mendicants and
street beggars.

(21) To prevent vice and immorality; to preserve public peace and
good order, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame, gambling houses and
gambling devices of all kinds, to prevent lewd, indecent or disorderly
conduct or exhibitions in the city, and to expel from said city persons
guilty of such conduct.

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

(23) 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 regulate the size,
materials and construction of buildings, fences and other structures
hereafter erected in such manner as the public safety and convenience
may require; to remove, or require to ke removed, any building, struc-
ture or addition thereto which by reason of dilapidation, defect of
structure, or other causes, may have become dangerous to life or prop-
erty, or which may be erected, contrary to law; to establish and
designate from time to time fire hmits within which limits wooden
building shall not be constructed, removed, added to or enlarged, and
to direct that any cr all future buildings within such limits shall be
constructed of stone, natural or artificial, concrete, brick, iron or other
fire-proof material.

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

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

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

(27) To prevent persons having no visible means of support,
paupers and persons who may be dangerous to the peace and safety of
the city from coming to said city from without the same; and for this.
purpose to require any railrodd company, or the owners of any con-
veyance bringing such person to the city, to take such person back to
the place whence he was brought, or enter into bond with satisfactory
surety that such person shall not become a charge upon said city within
one year from the date of his arrival; and to expel therefrom any such
person who has been in said city less than ninety days.

(28) To provide for the preservation of the general health of the:
inhabitants of said city, make regulations to secure the same, inspect
all food and foodstuffs and prevent the introduction and sale in said
city of any article or thing intended for human consumption, which is.
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy or otherwise dispose of any such article or thing
without liability to the owner thereof; prevent the introduction or
spread 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 con-
tagious or infectious diseases to hospitals provided for them, to pro-
vide for the organization of a department of health, 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 establish a quaran-
tine ground within or without the city limits, and such cuarantine
regulations against infectious and contagious diseases as the said
council may see fit, subject to the laws of the State and the United
States; to provide and keep records of vital statistics and compel the
return of all births, deaths and other information necessary thereto.
\(29) To acquire by purchase, gift, devise, condemnation, or other-
wise, lands, either within or without the city, 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
ven ; and generally to regulate the burial and disposition of the
ead.

(30) To exercise full police powers, and establish and maintain a
department or division of police.

(31) 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 ite inhabitants.

(32) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the powers
conferred by this charter or by any general law, and to provide and im-
pose suitable penalties for the violation of such ordinances, rules and
regulations, or any of them, by fine not exceeding five hundred dollars
‘or imprisonment not exceeding six months, or both, the city may main-
tam a suit to restrain by injunction the violation of any ordinance,
notwithstanding such ordinance may provide punishment for its viola-
tion.

The enumeration of particular powers in this charter shall not be
deemed or held to be exclusive, but in addition to the powers enumerat-
ed 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 Constitu-
tion and general laws of this State.

Section 3. Creation and powers of council.—There is hereby
created a council, which shall have full power and authority, except as
herein otherwise provided, to exercise all of 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. It shall by ordinance fix the salaries of all officers and
employees of the city, and may, so far as is not inconsistent with the
provision of this charter, define the powers and prescribe the duties
of all such officers and employees.

Section 4. Composition of council; vacancies.—The council shall
consist of five members, who shall be elected at large and shall serve
for a term of four (4) years from the first day of September next follow-
ing the date of their election and until their successors shall have been
elected and qualified; provided, however, that at the first election
hereunder, two councilmen shall be elected to succeed those whose
terms expire on the thirty-first day of August, nineteen hundred and
twenty-four, and at the next election three councilmen shall be elected
to succeed those whose terms expire on the thirty-first day of August,
nineteen hundred and twenty-six. The council shall be a continuing
body, and no measure pending before such body shall abate or be dis-
continued by reason of the expiration of the term of office or removal
of the members of said body, or any of them. Vacancies in the council
shall be filled within thirty days, for the unexpired term, by a majority
vote of the remaining members; provided, however, that if the term of
office to be filled does not expire for two years or more after the next
regular election following such vacancy, and such vacancy occurs in
time to permit it, a qualified person shall then be elected by the qualified
voters and shall from and after the date of his qualification succeed
such appointee and serve the unexpired term.

Section 5. Qualification of members; conduct of candidates. Any
person qualified to vote in said city shall be eligible to the office of
councilman therein. No candidate for the office of councilman shall
promise any money, office, employment, or other thing of value, to
secure a nomination or election, or expend in connection with his can-
didacy any money except as permitted by the general laws of the State;
and any such candidate violating this provision shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine not exceeding five hundred dollars, or imprisonment for a term
not exceeding six months, or both, in the-discretion of the court or
jury, and shall forfeit his office, if elected; in which event, the person
receiving the next highest number of votes, who has not violated the
said provision, shall be entitled to said office.

Section 6. Compensation of councilmen.—Each member of the
council shall receive subject to the provision of this charter, a salary
of one thousand dollars ($1,000.00) per year, except the president,
whose salary shall be twelve hundred dollars ($1,200.00) per year, such
salaries to be payable in equal monthly installments.

Section 7. Limitations of the powers of the council.—Neither the
council, nor any of its members, shall dictate the appointment of any
person to office or employment by the city manager, or in any manner
interfere with the city manager, or prevent him from exercising his
own judgment in the appointment of officers or employees in the ad-
ministrative service. Except for the purpose of inquiry, the council
and its members shall deal with the administrative service solely through
the city manager and neither the council nor any member thereof,
shall give orders to any of the subordinates of the city manager either
publicly or privately.

Section 8. Officers elective by council; rules.—The council sha lk
elect one of its members to preside over its meeting, who shall be en-
titled president, and who shall be ex-officio mayor, and shall also elect
another member to be vice-president of the council. The council
shall also elect a city manager, a city clerk, a city auditor (the duties
of both offices, city clerk and city auditor, may in the discretion of the
council, be imposed on one individual), a city attorney and civil and
police justite. The council shall also appoint the members of such
boards and commissions as are hereafter provided for. All elections
by the council shall be viva voce and the vote recorded in the journal
of the council. The council may determine its own rules of procedure;
may punish its members for misconduct and may compel the attend-
ance of members in such manner and under such penalties as may be
prescribed by ordinance. It shall keep a journal of its proceedings.
A majority of all the members of the council shall constitute a quorum
to do business, but a smaller number may adjourn from time to time.
No person elected to the council, whether he qualify or not shall dunng
the term for which he is elected, be elected or appointed to any position
or office of trust or profit under the city government. ,

Section 9. Elections by council, when held, terms, et cetera.—Dur-
ing the month of September, nineteen hundred and twenty-six and
during the month of September of every second year thereafter, the
council shall elect a city clerk, a city auditor (the duties of both officers,
city clerk and city auditor may in the discretion of council be imposed
on one individual), a city attorney, and a civil and police justice, each
of whom shall serve for a term of two years from the first day of October
next following the date of his election and until his successor shall have
been elected and qualified. The council in its discretion may elect an
assistant civil and police justice for such term as may be prescribed by
ordinance, not exceeding two years.

Section 10. Meetings of council.—At three o’clock post meridian
on the first day of September next following the regular municipal
election, or if such day be Sunday, then on the day following, the
council shall meet at the usual place for holding meetings of the legis-
lative body of the city, at which time the newly elected councilmen
shall assume the duties of their office. Thereafter the council shall
meet at such times as may be prescribed by ordinance or resolution;
provided, that it shall hold at least one regular meeting each week,
except during the months of June, July and August, when two regular
meetings each month may be held. The president of the council, any
member thereof, or the city manager, may call special meetings of the
council at any time upon at least twelve hours written notice to each
member, served personally or left at his usual place of business or
residence; or such meeting may be held at any time without notice;
provided, all members of the council attend. All meetings of the
council shall be public, except where the public interest may require
executive sessions, and any citizen may have access to the minutes and
records thereof at all reasonable times.

Section 11. Penalty for absence.—Absence from five consecutive
regular meetings shall operate to vacate the seat of a member, unless
the absence is caused by his being incapacitated by sickness or is excused
by the council by a resolution setting forth the reason thereof and
entered upon the journal.

Section 12. Legislative procedure.—Except in dealing with ques-
tions of parliamentary procedure the council shall act only by ordinance
or resolution, and all ordinances except ordinances making appropria-
tions, or authorizing the contracting of indebtedness or issuance of
bonds or other evidence of debt, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appropria-
tions or authorizing the contracting of indebtedness or the issuance of
bonds or other obligations and appropriating the money to be raised
thereby shall be confined to those subjects respectively.

The enacting clause of all ordinances passed by the council shall be,
‘“‘be it ordained by the council of the city of Roanoke.’”’ No ordinance,
unless it be an emergency measure, shall be passed until it has been read
at two regular meetings not less than one week apart, or the require-
ment of such reading has been dispensed with by the affirmative vote of
four of the members of the council. No ordinance or section thereof
shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section as revised
or amended. The ayes and noes shall be taken upon the passage of all
ordinances or resolutions and entered upon the journal of the proceed-
ing of the council and every ordinance or resolution shall require, on
final passage, the affirmative vote of at least three of the members. No
member shall be excused from voting except on matters involving the
consideration of his own official conduct, or where his financial or per-
sonal interests are involved.

In authorizing the making of any public improvement, or the ac-
quisition of real estate or any interest therein; or authorizing the con-
tracting of indebtedness or the issuance of bonds or other evidences of
indebtedness (except temporary loans in anticipation of taxes or reve-
nues or of the sale of bonds lawfully authorized) ; or authorizing the sale
of any property or rights in property of the city of Roanoke, or granting
any public utility franchise, privilege, lease or right of any kind to use
public property or easement of any description or any renewal, amend-
ment or extension thereof, the council shall act only by ordinance; pro-
vided, however, that after any such ordinance shall have taken effect,
all subsequent proceedings incidental thereto and providing for the
carrying out of the purposes of such ordinance may, except as other-
wise provided in this charter, be taken by resolution of the council.

Section 13. Emergency measures.—All ordinances and resolutions
passed by the council shall be in effect from and after thirty days from
the date of their passage, except that council may, by the affirmative
vote of four of its members, pass emergency measures to take effect at
the time indicated therein. An emergency measure is an ordinance
or resolution for the immediate preservation of the public peace, prop-
erty, health or safety, or providing for the usual daily operation of a
municipal department in which the emergency is set forth and defined
in a preamble thereto. Ordinances appropriating money for any such
emergency may be passed as emergency measures, but no measure pro-
viding for the sale or lease of city property, 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 be so passed.

Section 14. Record and publication.—Every ordinance or reso-
lution upon its final passage shall be recorded in a book kept for the
purpose, and shall be authenticated by the signature of the presiding
officer and the city clerk. Every ordinance of a general or permanent
nature shall be published in full once within ten days after its final
passage in & newspaper or newspapers of general circulation published in
the municipality; and where legally permissible, such publication shall
be made but once; provided, that the foregoing requirements as to pub-
lication shall not apply to ordinances reordained in or by a general
comp1'ation or codification of ordinance printed by authority of the
council.

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 evi-
dence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from a copy thereof certified by the
city cane or from the volume of ordinances printed by authority of the
counc

Section 15. President of the council.—The president of the council
shall preside at meetings of the council, and perform such other duties
consistent with his office as may be imposed by the council. He shall
be entitled to a vote, but shall possess no veto power. He shall be
recognized as the official head of the city for all ceremonial purposes,
by the courts for the purpose of serving civil process, and by the gov-
ernor for military purposes. He may use the title of mayor in any case
in which the execution of contracts or other legal instruments in writ-
ing, or other necessity arising from the general laws of the State may so
require; but this shall not be construed as conferring upon him the
administrative or judicial functions, or other powers or functions, of a
mayor, under the general laws of the State. In time of public dangers.
or emergency, he may, with the consent of the council, take command
of the police and maintain order and enforce the laws, and for this pur-
pose may deputize such special policemen as may be necessary. During
his absence or disability his duties shall be performed by the vice-
president of the council.

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

NOMINATIONS AND ELECTIONS.

Section 16. Time of holding municipal elections.—A municipal
election shall be held on the second Tuesday in June in nineteen hun-
dred and twenty-four, and every second year thereafter which shall be
known as the regular election for the election of councilmen.

Section 17. Method of conducting municipal elections.—The can-
didates at any regular municipal election for the election of councilmen,
equal in number to the places to be filled, who shall receive the highest
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 elections cast more than one vote for the same

rson.
pe Section 18. 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-five, and quadrennially
thereafter, the following officers: one attorney for the Commonwealth,
one commissioner of the revenue, one city treasurer, one city sergeant,
one high constable and one issuing justice, who shall hold their offices
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 Tuesday after the first Monday in November,
nineteen hundred and twenty-nine, and every eight years thereafter,
one clerk of the corporation court of the city of Roanoke who shall be
clerk of all courts of record in this city, whose term shall begin and end
as is now, or may hereafter be prescribed by the general assembly of
this State.

Section 18a. The council may in its discretion combine the offices
of civil and police justice and issuing justice, as of the end of any term
of the office of issuing justice, whereupon the civil and police justice
or his assistant shall exercise all the powers and perform all the duties
conferred by law upon the issuing justice and the civil and police jus-
tice; and in the event of such two offices being combined as aforesaid the
office of issuing justice shall thereupon be abolished and the assistant
civil and police justice shall in addition to his other duties act as clerk
to the civil and police justice and receive such compensation as the
council may prescribe.

Section 19. General provisions relating to elections; elections, how
conducted.—All elections provided for in this charter, except as other-
wise provided herein, shall be conducted, and the result canvassed and
certified by the regular election officials provided for by the general
election laws of the State and all such elections shall be governed by
the general election laws.

THE CITY MANAGER.

Section 20. The city manager; appointment, qualifications, et
cetera.—The city manager shall be the administrative head of the
municipal government. He shall be chosen by the council without
regard to his political beliefs and solely upon the basis of his executive
and administrative qualifications. The choice shall not be limited to
inhabitants of the city or State. He shall be appointed for an indefinite
period and shall hold office during the pleasure of the council. He shall
receive such compensation as shall be provided by the council by ordi-
nance. He shall be bonded as the council may deem necessary. Dur-
ing the absence or disability of the city manager the council may des-
ignate some properly qualified person to perform the duties of the
office.

Section 21. Powers and duties of the city manager.—The city
manager shall be responsible to the council for the efficient administra-
tion of all officers of the city. He shall have power, and it shall be
his duty:

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

(b) Except as otherwise provided in this charter, to appoint such
city officers and employees as the council shall determine are necessary
for the proper administration of the affairs of the city, with the power
to discipline and remove any such officer and employee, but he shall
report each appointment and removal to the council at the next meet-
ing thereof following any such appointment or removal.

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

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

(e) To make reports to the council from time to time upon the
affairs of the city and to keep the council fully advised of the city’s
financial condition and its future financial needs.

(f) To prepare and submit to the council a tentative budget for
the next fiscal year.

‘e), To perform such other duties as may be prescribed by the
council.

Section 22. Investigations.—The council, the city manager, and
any other officer, board or commission authorized by them, or either
of them shall have power to make investigations as to city affairs, and
for that purpose to subpoena witnesses, administer oaths, and compel
the production of books and papers.

Any person refusing or failing to attend, or to testify or to produce
such books and papers, may by summons issued by 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, such person to have the right 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 prosecution for perjury.

Section 23. Creation of departments.—The council may by ordi-
nance create administrative departments, and when such departments
are created may define the functions which such departments are to
administer, may provide for the appointment of heads for such de-
partments and define their duties and responsibilities.

Section 24. City clerk.—The city clerk shall be elected at the time,
in the manner, and for the term provided by section nine of this
charter. He may by and with the consent of the council appoint one
deputy and such number of assistants as may be provided for by ordi-
nance. He shall be the clerk of the council; shall keep a record of its
proceedings, and either he or his deputy shall attend all meetings thereof.
He shall keep all books and papers which by the provisions of this char-
ter or by direction of the council, are required to be kept by or filed with
him. He shall be the keeper of the city seal, and shall affix and. attest
the same when so directed by the council. He shall transmit copies of
all ordinances or resolutions to such officers and persons as are affected
thereby. He shall give information to persons presenting communica-
tions or petitions to the council of the final action of the council thereon.
He shall, except as otherwise expressly provided in this charter, publish
or cause to be published, all reports, ordinances, and other documents
required by this charter to be published, and also such other reports as
the council may by ordinance or resolution direct. He shall perform
such other duties as are required by this charter, and in general shall
perform such acts and duties as the council shall by ordinance or reso-
lution require of him. Any of the duties of said city clerk may be per-
formed by his deputy. The city clerk and his deputy shall receive such
compensation and give such bond as the council may by ordinance
provide

Section 25. City auditor.—The city auditor shall be elected at the
time, in the manner, and for the term provided by section nine of this
charter.

(a) The said auditor shall have charge and control of the keeping
of all accounts and financial records of the city of Roanoke, wherein
shall be stated, among other things, the appropriations for the year for
each distinct object and branch of expenditures, and also the receipts
from each and every source of revenue, so far as it can be ascertained.
AJl of such accounts and financial records shall be subject to the exami-
nation of the city manager and members of the city council, or other
person required by order of the city manager or ordinance of the coun-
cil to make such examination.

(b) The said auditor shall be charged with and exercise a general
supervision over all the officers and employees of the city charged in any
manner with the assessment, receipt, collection, or disbursement of the
city revenues; and the collection and return of such revenues into the
city treasury; and prescribe such system and regulation necessary for
the better reporting and accounting for all city revenue and receipts.

(c) The said auditor shall have the power to examine and audit
all accounts, claims and demands for or against the city; and no money
shall be drawn from the treasury or paid by the city to any person, ex-
cept as herein otherwise provided, unless the balance due and payable
be first settled and adjusted by the said auditor; and for the purpose of
ascertaining the true state of any balance or balances so due, he shal]
have and is hereby clothed with full power and authority to admin-
ister an oath or oaths to the claimant or claimants, or any other person
or persons, whom he may think proper to examine as to any fact,
matter or thing concerning the correctness of any account, claim or
demand presented and the person so sworn shall, if he swears falsely, be
guilty of perjury, and be subject to the punishment prescribed by law.

(d) The said auditor shall draw a warrant on the treasury for all
money found to be due and payable to any person, stating the particular
fund or appropriation to which the same is chargeable and the person to
whom payable; and no money shall be drawn from the treasury except
on the warrant of the auditor as aforesaid, countersigned by the city
manager. But the auditor is forbidden to issue his warrant for the
payment of any money in excess of the appropriation on account of
which said money is drawn.

(e) It shall be the duty of said auditor, as nearly as may be, to
charge all officers in the receipt of revenues or moneys of the city, with
the whole amount, from time to time, of such receipts. He shall also
require of all officers in receipt of city moneys that they shall submit
reports thereof, with vouchers and receipts of payment therefor, into
the city treasury, weekly or monthly, or as often as he shall see fit to
require the same by any regulation which he may adopt; and if any
such officer shall neglect to make adjustment of his accounts, when
required, as aforesaid, and to pay over such moneys as received, it
shall then be the duty of said auditor to issue notice in writing, directed
to such officer and his securities, requiring him or them within ten
days to make settlement of his said accounts with the auditor, and
to pay over the balance of moneys found to be due and in his hands
belonging to said city, according to the books of said auditor; and in
case of the refusal or neglect of such officer to adjust his said accounts
or pay over said balance into the treasury of the city, as required,
it shall then be the duty of said auditor to make report of the delin-
quency of such officer to the city attorney who shall at once take action
to have him suspended from office, and proceed forthwith to institute
the necessary proceedings for the removal of such officer from office,
and immediately on his removal, institute suit in the name of said
city against him and his sureties to recover the balance of moneys so
found to be due and in his hands belonging to said city.

(f) The auditor shall make out an annual statement, as soon as
possible after the end of each fiscal year, giving a full and detailed
statement of all the receipts and expenditures during the year, which
he shall forthwith file with the city manager and lay the same before
the next meeting of the council.

(g) In addition to the other duties of said auditor, it is hereby
made his duty, each and every month, to make out a monthly state-
ment, giving a full and detailed account of all moneys received, from
what sources and on what account received, and of all moneys ordered
to be paid or drawn for by warrant by him, and on what account the
same have been paid; and shall deliver said statement to the city council
at their next meeting.

(h) No contract, agreement or other obligation involving the ex-
penditure of money shall be entered into nor shall any ordinance,
resolution or order for the expenditure of money be passed by the coun-
cil or be authorized by any officer of the city, unless the city 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 city treasury to the credit of the fund from which
it is to be drawn, and not appropriated for any other purpose, which
certificate shall be filed and preserved. The sum so certified shall
not thereafter be considered unencumbered, until the city is discharged
from the contract, agreement or obligation.

(i) All moneys actually in the treasury to the credit of the fund
from which they are to be drawn and all moneys applicable to the
payment of the obligation or appropriation involved that are anticipated
to come into the treasury before the maturity of such contract, agree-
ment or obligation from taxes, assessments, license fees or from sales
of property or of services, products, or by-products of any city under-
taking, and moneys to be derived from lawfully authorized bonds,
for the purpose of such certificate shall be deemed in the treasury to
the credit of the appropriate fund and subject to such certification.

Section 26. City attorney.—The city attorney shall be elected at
the time, in the manner, and for the term provided by section nine of
this charter. He shall at the time of his election have practiced law
in the State of Virginia for at least five years and in the city of Roanoke
for at least two years. He shall be the legal adviser of and attorney
and counsel for the city and the school board of the city and for all
officers, and departments thereof, in matters relating to their official
duties. Heshall prosecute all suits, actions and proceedings for and on
behalf of the city and the school board of the city, and defend all suits,
actions and proceedings against the same, and shall prepare all con-
tracts, bonds and other instruments in writing, in which the city or
the school board of the city are interested or concerned, and shall
endorse on each his approval of the form and correctness thereof,
provided that in the case of bonds to be issued by the city, it shall be
sufficient if he certify to the council his approval thereof as to form
in a separate writing, to be filed and preserved with the records of the
council.

He shall be the prosecuting attorney for the prosecution of the
violation of city ordinances.

The council, the city manager, or any officer, board or commission
may require the opinion of the city attorney upon any question of law
involving their respective powers and duties.

The city attorney shall apply in the name of the city to a court of
competent jurisdiction for such injunction or injunctions as may be
necessary to restrain and prevent the misapplication of the funds of the
city, or the invasion or abuse of its corporate powers, or the usurpation
of authority by any city official, or the execution or performance of any
contract made in behalf of the city in contravention of law, or which
was procured by fraud or corruption.

When an obligation or contract made on behalf of the city granting
a right or easement or creating a public duty is being evaded or violated,
the city attorney, when directed by council, shall institute and prose-
cute such suit or suits as may be necessary to enforce the forfeiture
thereof, or the specific performance thereof, as the nature of the case
may require.

In case any officer, board or commission shall fail to perform any
duty required by law, the city attorney shall apply to a court of com-
petent jurisdiction for a writ of mandamus to compel the performance
of such duty. Whenever the city or the school board shall purchase
or otherwise acquire real estate or any interest therein, unless other
provision is made by the council, the city attorney shall examine and
certify the title thereto before the purchase price thereof shall be paid.
The said city attorney shall perform such other duties as may be re-
quired of him by ordinance or resolution of the council.

Section 27. Civil and police justice.—The civil and police justice
shall be elected at the time, in the manner and for the term provided
by section nine of this charter.

(a) Oath.—Such civil and police justice, before entering upon the
performance of his duties, shall take the oath prescribed by law.

(b) Compensation. —Such civil and police justice shall receive such
salary as the council shall fix by ordinance, and he shall receive no
other compensation or emoluments whatsoever.

(c) Jurisdiction.Such civil and police justice shall be a con-
servator of the peace within the corporate limits of the city of Roanoke
and within one mile beyond said limits, and within such limits shall
have exclusive original jurisdiction for the trial of all offenses against
the ordinances of the city, provided that the city shall have the right of
appeal to the corporation court of said city from any decision of the
civil and police justice affecting the legality or validity of any ordinance
passed by the council of the city; and he shall have concurrent jurisdic-
tion with the corporation court in all cases of the violation of the rev-
enue laws and the laws prohibiting the manufacture, use, sale, offering
for sale, transportation, keeping for sale and giving away ardent spirits.
He shall possess all the jurisdiction and exercise all the power and
authority in criminal cases of a justice of the peace and except where it
is otherwise specifically provided by law, shall have exclusive original
jurisdiction for the trial of all misdemeanor cases occurring within the
corporate limits of the city and concurrent jurisdiction with the county
authorities of offenses committed within one mile of the corporate limits.
He shall possess all the jurisdiction and exercise all the power and
authority in civil cases of a justice of the peace, except he shall not
have power to issue any warrants in detinue, unlawful detainer, attach-
ments, distress warrants and warrants for small claims. Council may
by ordinance impose such other duties as it deems expedient.

(d) He shall keep a regular account of all fees, fines, forfeitures,
and costs imposed or arising in the administration of his office, which he
shall report weekly to the auditor, and shall pay such fees as he has
collected to the treasurer. The chief of police, or such officer as shall
be designated for that purpose, shall collect all fines, forfeitures and
cost and report the same weekly, to the auditor and pay the same
weekly to the treasurer.

(e) He shall keep his office and court at such place as may be
prescribed by council, which shall be kept open for the transaction of
business every day in the year except Sundays and legal holidays, and
if from any cause he is unable to act, thé issuing justice or if an assistant
civil and police justice has been elected, said assistant civil and police
justice shall discharge the duties of the civil and police justice pre-
scribed herein during such inability.

(f) Any vacancy occurring in the office of civil and police justice
arising from any cause shall be filled by council by election of a person
with the qualifications prescribed herein.

Section 28. Assistant civil and police justice.—The council in its
discretion may elect an assistant civil and police justice in the manner
provided by section nine of this charter.

The assistant civil and police justice shall possess the qualifications
prescribed for the civil and police justice, and shall act for said civil
and police justice, when, from any cause, said civil and police justice
is unable to perform the duties. When acting for said civil and police
Justice, he shall possess all the jurisdiction and exercise all the power
and authority prescribed for the civil and police justice.

Said assistant civil and police justice shall act for the issuing justice
when, from any cause, said issuing Justice is unable to perform his
duties. Such assistant civil and police justice shall be paid at the rate
received by the civil and police justice or issuing justice when acting
for them, and the council shall determine whether such compensation
shall be deducted from the salary of the one for whom he is acting.

Section 29. Issuing justice.—There shall be one justice of the
peace for the city of Roanoke, who shall be styled issuing justice. The
issuing justice shall be elected at the time, in the manner and for the
term provided in section eighteen of this charter. Said issuing justice
shall receive no fees for his services as such, but shall be paid such
salary as shall be fixed by council, and he shall receive no other com-
pensation or emolument whatever. He shall be a conservator of the
peace within the limits of the city of Roanoke, and one mile beyond, and
shall have the same powers and duties within said limits as is prescribed
by law for justices of the peace, except that said justice shall not have
the power to try civil cases, nor any of the powers granted to the civil
and police justice of said city, nor shall he have the right to issue any
garnishment process, or execution, except in cases of unlawful detainer.
All warrants and process issued by the issuing justice shall be return-
able before the civil and police justice, except such as may by law be
returnable before the judge of the corporation court or the clerk thereof.

He shall collect such fees as are prescribed by law for issuing any
civil warrant, and shall pay into the city treasury all sums collected;
such payments shall be made to the treasurer on Monday of each week,
by pay-in warrant through the auditor’s office. The issuing justice
shall on a form to be prescribed by the auditor keep an account of all
fees collected by him.

In case of failure of the issuing Justice to keep such record and to
make report and pay to the treasurer any fees collected by him, as herein
provided, then the city of Roanoke shall have the right’ of action against
said issuing justice for the payment of the sums collected by him, and
for his failure to make the reports, and pay the money collected by
him as herein provided, shall upon conviction therefor before the cor-
poration court of the city be fined not less than ten dollars nor more
than twenty dollars for each offense, and in the discretion of the judge
of the said corporation court be removed from office.

If from any cause said issuing justice is unable to act, the civil and
police justice, or if an assistant civil and police justice has been elected,
such assistant civil and police justice shall discharge the duties of such
issuing Justice prescribed herein during such inability.

Section 30. High constable-—The high constable for said city
shall be elected at the time, in the manner and for the term provided in
section eighteen of this charter. He shall qualify in the corporation
court of the city of Roanoke and shall give bond with surety to be
approved by said court in such penalty as council may from time to
time prescribe by ordinance, payable to the Commonwealth of Vir-
ginia, and conditioned for the faithful performance of his duties, said
bonds to be filed in the office of the clerk of said court. He shall per-
form such duties, have such powers and be subject to such penalties
as are now or may hereafter be prescribed by law in reference to con-
stables. Said high constable may, with the approval of the council,
appoint one or more deputies to “execute the duties of his office; but
the surety on the bond’ of said high constable shall be equally hable
for the acts of the said deputy or deputies as for those of the principal.
The council shall have power to remove the high constable or any of
his deputies for cause and appoint others in their places. The said
high constable shall have for services rendered by himself and his
deputies such fees as are now or may hereafter be prescribed by law.

Section 31. Police force.—The police force shall be composed of a
superintendent or chief of police and of such officers, patrolmen and
other employees as the council may determine. The superintendent
or chief of police shall have the immediate direction and control of the
said force, subject, however, to the supervision of the city manager
and to such rules, regulations and orders as the said city manager may
prescribe. The superintendent or chief of police shall issue all orders,
rules and regulations for the government of the whole force. In case
of the disability of the superintendent or chief of police to perform his
duties by reason of sickness, absence from the city or other cause, the
city manager shall designate some member of the police force to act as
superintendent or chief of police during such disability, and the officer
so designated shall serve without additional compensation. The mem-
bers of the police force shall be appointed and may be removed by the
city manager, and no person shall be eligible to appointment as patrol-
man unless he shall have been a bona fide resident of the city of Roanoke
at least six months prior to his appointment, but the city manager
shall report each appointment and removal to the council. Each
member of the police force, both rank and file, shall have issued to him
a warrant of appointment signed by the city manager, in which the
date of his appointment shall be stated, and such warrant shall be his
commission. Each member of the said force shall, before entering
upon the duties of his office, take and subscribe an oath before the city
clerk that he will faithfully without fear or favor perform the duties
of his office, and such oath shall be filed with the city clerk and pre-
served with the records of his office. And in addition the several
officers of the said force shall, if so required by the council, give bond
in such penalty and with such security as the council may by ordinance
prescribe.

No person except as otherwise provided by general law or by this
charter shall act as special police, special detective or other special
police officer for any purpose whatsoever except upon written authority
from the city manager. Such authority, when conferred, shall be
exercised only under the direction and control of the superintendent
or chief of police and for a specified time; provided, however, that the
council may from time to time designate the maximum number of such
special police, special detectives or other special police officers.

The officers and privates constituting the police force of said city
shall be, and they are, hereby invested with all of the power and authority
which pertains to the office of constable at common law in taking
cognizance of and in enforcing criminal laws of the State and the
ordinances and regulations of said city, and it shall be the duty of each
such officer and private to use his best endeavors to prevent the com-
mission within the said city of offenses against the laws of said State,
and against the ordinances and regulations of said city; to observe and
enforce all such laws, ordinances and regulations; to detect and arrest
offenders against the same; to preserve the good order of said city,
and to secure the inhabitants thereof from violence and the property
therein from injury. Such policemen shall have no power or authority
in civil matters, but shall execute any criminal warrant or warrant of
arrest that may be placed in his hands by any justice of the city, and
shall make due return thereof.

The manager shall prescribe the uniforms and badges for the mem-
bers of the police force, and direct the manner in which the members
of said force shall be armed. Any person other than a member of said
force who shall wear such uniform or badge as may be prescribed as
aforesaid, may be subjected to such fine or imprisonment, or both, as
may be prescribed by the council by ordinance.

Section 3l-a. Bail.—In order that there shall at all times be some
officer at the police station empowered to grant bail in misdemeanor
cases, the chief of police or the ranking officer in charge at the police
station shall, in the absence of the civil and police justice or his assistant,
have the same right and power to admit to bail persons arrested on
charges of misdemeanor and brought to the police station, as a justice
of the peace and the fees therefor shall be as provided by law.

Section 32. Fire force.—The fire force shall be composed of a
chief and such other officers, firemen and employees as the council
may determine. The fire chief shall have immediate direction and
control of the said force, subject, however, to the supervision of the city
manager, and to such rules and regulations and orders as the said city
manager may prescribe. - The city manager shall issue all orders, rules
and regulations for the government of the whole force.

The members of the fire force shall be appointed by the city manager
and may be removed by him. The city manager shall make report to
council of each appointment and removal: provided, however, that in
case of riot, conflagration or emergency, the city manager may ap-
point additional firemen and officers for temporary service. .

The chief of the fire department and his assistants are authorized
to exercise the powers of police officers while going to, attending or
returning from any fire or alarm of fire. The fire chief and each of
his assistants shall have issued to him a warrant of appointment signed
by tle city manager, in which the date of his appointment shall be stated,
and such warrant shall be his commission. The city manager shall pre-
scribe the uniform and badges for the members of the fire force.

Whenever any bui'ding in said city sha'l be on fire it shall be lawful
for the chief of the fire department. to order and direct such building
or any other building which he may deem hazardous and likely to
communicate fire to other buildings, or any part of such buildings,
to be pulled down or destroyed; and no action shall be maintained
against said chief or any person acting under his authority or against the
city therefor. But any person interested in the property so destroyed
may within one year thereafter apply in writing to the council to assess
and pay the damages he has sustained. The council may thereupon
pay to the claimant such sum as may be agreed upon between him and
the council. If no agreement be affected, such claimant may give to
the city attorney of said city ten days’ written notice of his intention
to apply to the corporation court of said city for the appointment of
commissioners to ascertain and assess his said damage. Upon it ap-
pearing that such notice has been given, the corporation court of said
city shall appoint five disinterested freeholders, residents of said city,
any three or more of whom may act, for the purpose of ascertaining
and assessing the amount of such damages. Thereupon the said com-
missioners shall proceed to ascertain and assess the amount of such
damages in the same manner as is now or may hereafter be provided
by law in the case of taking private property for public use, and the
procedure upon the filing of the report of said commissioners shall
conform as nearly as may be to the procedure under the statutes of
Virginia relating to eminent domain.

Section 33. The annual budget.—At least thirty 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 officers of the city govern-
ment according to classification as nearly uniform as possible. The
budget shall present the following information:

(a) An itemized statement of the appropriations recommended
with comparative statement in parallel columns showing appropria-
tions made for the current and next preceding year.

(b) An itemized statement of the taxes required and of the esti-
mated revenues of the city from all other sources for the ensuing fiscal
year, with comparative statements in parallel columns of the taxes
and other revenues for the current and next preceding year, and of the
increases or decreases estimated or proposed.

(c) A fund statement showing a condition of the various appro-
priations, the amount of appropriations remaining unencumbered, and
the amount of revenues remaining unappropriated.

(d) Explanatory text relative to the conditions, reasons, et cetera,
connected with the estimates for the ensuing year; also a work program
showing the undertakings to be begun and those to be completed
during the next year and each of several years in advance.

(e) . A statement of the financial condition of the city, and

(f) Such other information as may be required by the council.

Section 34. The annual appropriation.—Before the end of each
fiscal year, or as soon thereafter as may be practicable, the council
shall pass an annual appropriation ordinance which shall be based on
the budget submitted by the city manager, and shall levy such tax for
the ensuing fiscal year as in its discretion shall be sufficient to meet
all just demands against the city on any account, subject, however, to
the provisions and limitations contained in section two of this charter.

Section 35. Fiscal year.—The council may determine when the
fiscal year of the city shall begin and end, and may change the same
from time to time. The council may also determine when city licenses
and taxes shall be payable.

Section 36. Unencumbered balances.—At the close of each fiseal
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 each ap-
propriation shall revert to the respective fund from which it was appro-
priated and shall be subject to further appropriation. No money shall
be drawn from the treasury of the city nor shall any obligation for the
expenditure of money be incurred except pursuant to the appropria-
tions made by the council. |

Section 37. City treasurer.—The city treasurer shall be elected
at the time, in the manner and for the term provided in section eighteen
of this charter. He shall give bond in such sum as the council may
prescribe with surety to be approved by the council, conditioned for
the faithful discharge of his official duties in relation to the revenue
of the city, and of such other official duties as may be imposed upon
him by this charter and the ordinances of the city. He shall collect
and receive all city taxes, levies, assessments, license taxes, rents,
school funds, fees and all other revenues or monies accruing to the city,
except such as council shall by ordinance make it the duty of some
other officer to collect, and for that purpose shall be vested with any
and all powers which are now or may hereafter be vested in such city
treasurer as collector of State taxes. He shall be the custodian of all
public money of the city, and all other money coming into his hand
as city treasurer. The city treasurer shall keep and preserve such
moneys in such banks or trust companies as may be determined by
ordinance or by the provisions of any law applicable thereto. It shall
be the duty of said city treasurer to conduct all of the proceedings
and render all services necessary to perfect the sale and transfer of real
estate in said city, where the same shall be sold or advertised for sale
for the non-payment of any taxes or assessments imposed by the coun-
cil. He shall perform such other duties, have such powers and be
liable to such penalties as are now or may hereafter be prescribed by
law or ordinance. For such services the city treasurer shall receive
such compensation as the council may from time to time prescribe by
ordinance.

Section 38. Commissioner of the revenue. —The commissioner
of the revenue shall be elected at the time, in the manner and for the
term provided in section eighteen of this charter. He shall give bond
in such sum as the council may by ordinance prescribe, with surety to be
approved by the council, conditioned for the faithful performance of all
of his duties under this charter, and under any ordinance of the city.
He shall perform such duties not inconsistent with the laws of the State
in relation to the assessment of property and licenses as may be required
by the council for the purpose of levying city taxes and licenses. He
shall have power to administer such oaths as may be required by the
council in the assessment of license taxes or other taxes for the city.
He shall make such reports in regard to the assessment of both property
and licenses, or either, as may be required by the council. The council
may by ordinance require that all tax bills shall be made out by the com-
missioner of the revenue and delivered insuch manner as said ordinance
may prescribe. For all such services the said commissioner of the rev-
enue shall receive such compensation as the council may from time to
time prescribe by ordinance.

Section 39. Vacancies in the office of city treasurer or commis-
sioner of the revenue, high constable or issuing justice.—In case of any
vacancy in the office of the city treasurer, commissioner of the revenue,
high constable or issuing justice, the council shall select a qualified per-
son to fill the office in which such vacancy occurs for the unexpired term;
provided that if the term of office so filled does not expire for two years
or more after the next regular municipal election for the election of
councilmen following such vacancy, and such vacancy occurs in time to
permit it, a city treasurer, commissioner of the revenuc, high constable,
or issuing justice, as the case may be, shall then be elected and shal]
from and after the date of his qualification succeed such appointee and
serve the unexpired term.

Section 40. Public improvements.—Any public work or improve-
ment costing more than one thousand dollars, except as provided in the
next succeeding section, shall be executed by contract. All contracts
for more than one thousand dollars shall be awarded to the lowest re-
sponsible bidder, after public advertisement and competition, as may
be prescribed by ordinance. But the city manager shall have the power
to reject any and all bids and all advertisements shall contain a reserva-
tion of this right.

Section 41. Improvement by direct labor, emergency work.—After
bids shall have been advertised for and received for making any public
improvement or doing any public work, the council may authorize the
making of such improvement or doing such work by the direct employ-
ment of the necessary labor and purchase of the necessary materials and
supplies on the basis of detailed estimates submitted by the city mana-
ger; provided the probable cost of such work or improvements as shown
by such estimate is less than the bid of the lowest responsible bidder
for the same work or improvement; and provided, further, that the city
manager shall certify to the council that in his opinion the cost of making
such improvement or doing such work will not exceed the said estimate.
Separate accounts shall be kept of all work and improvements so done
or made.

In an emergency requiring immediate action, the city manager may
cause any such improvement to be made or other public work to be done
by direct employment of the necessary labor and purchase of the neces-
sary material and supplies without previously advertising for or re-
ceiving bids therefor. Every such case shall be reported by him in
writing to the council at its next regular meeting with a statement of the
facts constituting such emergency. Separate accounts shall be kept of
all such work; provided that nothing in this or the next preceding sec-
tion shall prevent the said city from doing maintenance and repair work
by direct labor and from maintaining a reasonable force of men for that

urpose.
P Section 42. Alterations or modification of contracts.—When it be-
comes necessary in the prosecutioh of any work or improvement under
contract to make alterations or modifications of such contract, such
alterations or modifications shall be made only on the order of the city
manager. No such order shall be effective until the price to be paid for
the work and material, or both, and the credits, if any, to be allowed the
city, under the altered or modified contract, shall have been agreed
upon in writing and signed by the contractor and by the city manager.

Section 43. Contracts for public advertising.—All public advertis-
ing or publications necessary under this charter shall be in a daily news-
paper of general circulation, published in the city, and shall be done by
contract. Such contract shall,be entered into only after opportunity
has been given for competition under such rules and regulations as the
council may provide and for a term not exceeding one year.

Section 44. 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 neg-
ligence of the city, or of any officer, agent or employee thereof, unless a
written statement, verified by the oath of the claimant, his agent or
attorney, of the nature of the claim and of the time and place at which
the injury is alleged to have occurred or been received, shall have been
filed with the city attorney, of said city within thirty days after such
cause of action shall have accrued.

Section 45. Laying out of streets.—No property within the corporate
limits of the city or within five miles of said limits, as now or hereafter
established, shall be laid out with streets or alleys thereon, except upon
a plan or plat to be submitted to the city manager and approved by the
council. The said plan or plat shall, if approved by the council, be re-
corded in the proper clerk’s office within sixty days after such approval.
The council may, before approving any such plan or plat, require the
owner to lay out and establish proper building lines on the platted land
and to show on the plat that all conveyances of lots shown on the plat
are to be made with reference to such building lines, for the benefit of
the respective lot owners of the city.

Notwithstanding anything in this section contained, the city shall
not be liable for any accidents or damages which may occur or be sus-
tained upon any street, alley, boulevard or way, heretofore or hereafter
laid out, until and unless the said street, alley, boulevard or way shall
have been accepted by the council. Nor shall the approval of any plan
or plat in this section referred to, be taken as an acceptance by the coun-
cil of any street, alley, boulevard or way shown thereon.

This section, however, is not to be effective until the city of Roanoke
shall prepare and place on file in the office of the city engineer, a map
covering the locations in question, officially approved ‘by this city,
showing in general a comprehensive plan for the future development
and laying out of its main proposed thoroughfare or thoroughfares.

Section 46. Sinking fund commission.—The president of the coun-
cil, the city treasurer and the auditor shall compose the sinking fund
commission. |

There shall be set apart from the resources of the city a sum equal
to one per centum per annum of the aggregate debt not payable within
one year, whether contracted heretofore or hereafter. The fund thus
set apart shall be called the sinking fund, and shall be applied to the
payment of the debt of this city as it shall become due, and if no part
be due or payable it shall be invested in the bonds or certificates of
debt of this city, or of the State of Virginia, or of the United States, or
some State of the Union. Said fund shall be subject to the orders and
management of the sinking fund commission. Said sinking fund com-
mission shall report to council the condition of said fund on the first
day of July and January of each year or oftener if required by council:
provided, however, that if serial bonds are issued, then no sinking fund
shall be provided therefor.

Section 47. Bond issues.—The council may, in the name and for
the use of the city, cause to be issued certificates of debt. or bonds for
making any manner of public improvement and for the purchase and
acquisition of land or other property for public school purposes,
and for public school buildings and the equipment thereof, and also
for fire houses and for purchasing and acquiring fire engines, fire
alarm system and other apparatus for use in extinguishing fires,
and for the erection of necessary buildings, the construction of
bridges and viaducts, streets, drains, sewers, and the purchase
of land for parks and other recreational purposes, provided, that no
such certificates of debt or bonds shall be issued except by ordinance
adopted by a majority vote of all the members of the council and en-
dorsed by a majority of the freehold voters of the city voting on the
question at an election for such purpose to be called, held and conducted
in accordance with an ordinance adopted by the council of the city of
Roanoke providing for such elections, but such certificate or debt or
bonds shall not be irredeemable for a period greater than thirty-four
years; provided, further, that if a separate levy be made for school pur-
poses, then and in that event the school board of the city of Roanoke
shall semi-annually pay into the city treasury such amounts from said
levy as may be necessary to pay the interest and sinking fund on and
for all outstanding bonds of the city of Roanoke which have been or
may have been or may hereafter be issued for school purposes, in the
event that no special levy should be made for school purposes, then the
school board shall render to the city council a statement at the end of
each month showing the collections and disbursements made by said
board. And provided, further, that in no case shall the aggregate debt
of the city at any one time exceed eighteen per centum of the assessed
value of the real estate within the city limits, subject to taxation, as
shown by the last preceding assessment for taxes; and provided, further,
that the said council shall not endorse the bonds of any company what-
soever without the same authority.

All bonds issued under the provisions of this section shall be signed
by the president of the council and the treasurer, and the seal of the
city shall be affixed and attested by the city clerk. The said bonds
shall be sold by resolution of the council and the proceeds used under
its direction. Every bond issued by the council shall state on its face
for what purpose or purposes it is issued, and the proceeds shall be
applied exclusively to the purpose or purposes for which such bonds are
issued.

Section 48. Refunding bonds.—The council shall have the author-
ity to issue bonds for the purpose of refunding, so far as necessary, any
bonds of the city at maturity, but no such refunding bond shall be issued
for a greater period than thirty years. Such refunding bonds shall be
sold by the council, and the proceeds from such sale shall be used for
the purpose of paying the maturing bonds, and for no other purpose.
Such refunding bonds to be signed in the same manner as other bonds.

Section 49. Temporary loans.—The council shall have the power
to negotiate and secure temporary loans by issuing bonds or making
notes therefor bearing interest at not exceeding six per centum per
annum; such bonds, notes, or other evidences of debt to be signed in
the same manner as other bonds are signed; provided, that no such debt
shall be created except by a majority vote of the entire council; and
provided, further, that such debts shall be payable on such bonds re-
deemable within one year from the creation of such debt or issue of
such bonds, but no such debt or bonds shall exceed in the aggregate the
sum of one hundred and twenty-five thousand dollars.

Section 50. Special assessments.—All local or special assessments
shall be made and collected as council shall prescribe by ordinance and
in accordance with law, and such special assessments shall have priority
over all other claims or liens, whether prior or subsequent thereto.

Section 51. Lien for taxes, et cetera.—There shall be a prior lien
on all real estate and on each and every interest therein for the city
taxes as assessed thereon, from the commencement of the year for which
they were assessed, and also for all local assessments which may be made
thereon according to law. There shall also be a lien on any land or
premises for the amount of expense incurred by said city in abating
any nuisance thereon or cutting or removing weeds therefrom, after
notice to the owner thereof by publication or otherwise as may be pro-
vided by ordinance; provided, however, that the lien for the amount of
any such local assessment or for the expense of abating any nuisance or
cutting or removing weeds from any premises shall not be good against
a purchasing of such land or premises for value without notice except
and until from the time that the same shall be docketed in a book or
books kept for that purpose in the office of the city clerk and indexed
in the name of the person or persons owning such estate or land at the
time the said lien accrued. The council may require such real estate
in the city delinquent for the non-payment of taxes, or assessments or
expenses incurred as above provided, to be sold for said taxes or assess-
ments or expenses, with interest thereon at the rate of six per centum
per annum, and such percentage as may be prescribed for charges; and
the council may regulate the terms on which the real estate so delinquent
may be sold or redeemed, provided, such sales shall be made subject to
the prior lien of the Commonwealth for taxes.

Section 52. Levy for taxes.—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 ob-
tained, 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 per-
son. And where taxes or levies are paid to the city by any fiduciary
on any estate in his hands or for which he may be liable, such taxes and
levies shall be refunded out of the said estate.

Section 53. 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
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
construed to repeal, or amend any general law of the State with respect
to taxation.
(b) The council may require every person, firm or corporation using
or operating a cart, wagon, dray, buggy, motorcycle, automobile, motor
truck, or other vehicle, on the streets of the city to secure a license and
to pay a tax therefor, whether such vehicle is used or operated for com-
pensation or not.

(c) The council may subject any person, firm or corporation who
or which without having obtained a license therefor, shall follow any
business, occupation, vocation, trade, pursuit, calling, or shall do any
other act for which a license is required by this section, to such fine or
penalty as it is authorized to impose for any violation of its laws.

(d) The council may, in its discretion, determine whether or not
the commissioner of the revenue shall receive fees for issuing and trans-
ferring city Jicenses, and it may fix the amount of such fees and change
the same from time to time; provided, however, that no such fees shall
be payable out of the city treasury, but shall be paid by the person ob-
taining the license or transfer, and such license or transfer may be with-
held by the commissioner of the revenue until such fees are paid.

(e) Council may provide by ordinance for revoking any license for
failure to comply with conditions upon which same is granted.

Section 54. School districts.—The school districts as now estab-
lished shall continue until changed by council by ordinance upon recom-
mendation of the school board of this city.

Section 55. School board.—The school trustees now in office shall
continue until the end of the terms for which they were elected, and
council shall elect their successors as prescribed by ordinance.

Section 56. Powers and duties of the school board.—The school
trustees of said city shall be a body corporate under the name and style
of the school board of the city of Roanoke, and shall have all of the pow-
ers, perform all of the duties and be subject to all of the limitations now
provided, or which may hereafter be provided by law in regard to school
boards of cities, except that the city manager shall be ex-officio a mem-
ber of said school board, with all the powers and duties prescribed for
members thereof, and except that all real estate, with the buildings and
improvements thereon heretofore or hereafter purchased with money
received from the sale of bonds of this city, appropriated by the council
or received from any other source for the purpose of public education,
shall be the property of the said city of Roanoke, unless such money so
received from any other source be received on other conditions. The
said school board shall transmit to the council and to the city auditor
a detailed statement of all moneys received by said board or placed to
its credit. No money shall be expended by said school board until the
account, claim or demand has been approved by said school board and
a record thereof made in the proceeding of said board, and said account,
claim orjdemand submitted to the auditor of the city of Roanoke for
audit. After such account, claim or demand has been audited as above
provided, a warrant on the city treasurer shall be drawn, signed by the
chairman of the board and countersigned by the clerk thereof, payable
to the person, or persons entitled to receive such money, and stating on
the face the purpose or service for which.it is to be paid, and that such
warrant is drawn in pursuance of an order entered by the board on the
seseseee eeccceccececececcecccee GRY Of ...eeeeececteeceeetssesceseeesceesssereeceeeee «Separate ac-
counts shall be kept by the said board of the moneys appropriated by
the council, and moneys received from other sources, and every such
statement shall show the balance of each class of funds on hand or under
control of said board as of the date thereof.

The said school board shall on or before the fifteenth day of Novem-
ber of each year prepare and submit to the city manager for his infor-
mation 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 purpose of
public education from sources other than appropriations by the council.

Section 57. Courts, et cetera.—All courts of said city as now con-
stituted and established by law shall be continued with the same juris-
diction as heretofore.

Wherever power is conferred upon said city by this charter to make
rules and regulations, and impose and enforce penalties for the protec-
tion of any property owned by said city, but situated more than one
mile beyond the corporate limits thereof, the circuit court of the county
in which such property is located shall have exclusive jurisdiction of all
offenses committed in such county against ordinances of said city pre-
scribing such rules, and regulations, and imposing such penalties; and
jurisdiction of injunction suits for the protection of any such property
shall be as is now, or may hereafter be, provided by general law.

Section 58. Books, records, et cetera.—All books, records and docu-
ments used by any city officer in his office or pertaining to his duties
shall be deemed the property of said city, and the chief officer in charge
of such office shall be responsible therefor. Any such officer or person
made by this section responsible for the keeping of such books, records
and documents shall, within ten days after the end of his term of office,
or within ten days after the date of his resignation or removal from office,
as the case may be, deliver to the city clerk all such records and docu-
ments. Any such officer or person failing to deliver such books, records
or documents, as required by this section, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not less than
one hundred dollars nor more than five hundred dollars, or imprisoned
not exceeding six months, or both, in the discretion of the court or jury
before whom the case is tried.

Section 59. Qualification of members of the council and other offi-
cials—The members of the council before entering upon the duties of
their respective offices shall each take the oaths prescribed by the laws
of this State for State officers. Such oaths may be administered by any
judge of a court of record within said city, and the certificate thereof
shall be filed with the city clerk and entered upon the journal of the
council. Every other person elected or appointed to any office under
this charter or under any ordinance of the council, except clerks and
laborers, shall before entering upon the duties of his office take and sub-
scribe said oaths together with such other oaths as may be required by
ordinance, before any person authorized to administer an oath, and the
certificate of the same shall be filed in the office of said city clerk. The
clerk of the corporation court of said city shall notify all persons elected
by the people under this charter of their election, and the city clerk shall
notify all persons elected by the council of their election. If any person
elected to any office in the said city shall after receiving notice of election
fail to take such oaths and give such bonds, with security, as may be re-
quired by law or ordinance, he shall be considered as having declined
said office, and the same shall be deemed vacant, and such vacancy shall
be filled according to the provisions of this charter.

Section 60. Bonds of officers.—Except in the case of officers whose
bonds are specially provided for by this charter, the council in fixing
the salary of any officer, clerk or employee of the city, shall determine
whether such officer, clerk or employee shall give bond and the amount
or penalty thereof. All officers required by this charter to give bond,
and all officers, clerks and employees of whom bond is required by the
council shall, before entering upon their respective duties, give bond
with surety to be approved by the council, conditioned for the faithful
performance of the duties of their respective offices, which bond, unless
otherwise specially provided by this charter, shall be payable to the said
city, and in such penalty as the council may by ordinance prescribe. The
council shall accept as surety on any such official bond only a good, sol-
vent surety or fidelity company authorized to do business in this State.
The council may provide that the premium on any such bond shall be
paid by the city. The sureties on the bond of any such officer shall be
equally liable for the acts of any deputy or deputies of such officer as
for those of such officer himself. Unless otherwise specially provided in
this charter, all such bonds shall be filed with and preserved by the city
clerk. The parties to bonds taken in pursuance of this section shall be
subject to the same proceedings on said bonds for enforcing the condi-
tions and terms thereof by motion or otherwise before the corporation
court or circuit court of said city, as are now or may hereafter be pro-
vided by law in the case of collectors of the county levy and the sureties
on their bonds for enforcing payment of the county levies.

Section 61. General disqualifications—No member of the council,
or any other officer, or agent, or any commissioner appointed for the
opening of streets, or any member of a committee constituted or ap-
pointed for the management, regulation or control of corporate property
of this city, shall be a contractor with the said city, or its agents, or
with such committee, for any work or labor ordered to be done, or
goods, wares and merchandise, or supplies of any kind, ordered by the
said city, or by such committee, to be purchased, or in any manner,
directly or indirectly, to be interested in the profits of any such contract.
Every such contract shall be void, and the officer, agent, or member of
such committee, making such contract shall forfeit to the Common-
wealth the full amount stipulated for thereby. No officer of this city,
who along or with others is charged with the duty of auditing, settling
or providing by levy or otherwise for the payment of claims against
said city, shall, by contract, directly er indirectly, become the owner of,
or interested in any claims against the city. Every such contract shall
be void, and if any such claim be paid, the amount, paid with interest,
may be recovered back by the city, within two years after payment, by
action or motion in the corporation court of this city.

Section 62. General laws to apply.—All general laws of the State
applicable to municipal corporations now in existence or hereafter en-
754 ACTS OF ASSEMBLY. [va.

acted and which are not in conflict with the provisions of this charter
or with ordinances or resolutions hereafter enacted by the council pur-
suant to authority conferred by this charter shall be applicable to the
said city; provided, however, that nothing contained in this charter shall
be construed as limiting the power of the council to enact any ordinance
or resolution not in conflict with the Constitution of the State or with
the express provisions of this charter.

Section 63. Existing ordinances.—All ordinances and resolutions
in force at the time of the taking effect of this charter not inconsistent
with its provisions shall continue in force until amended or repealed.

Section 64. Continuance of contracts.—All contracts entered into
by the city or for its benefit prior to the taking effect of this charter
shall continue in full force and effect. All public works begun prior to
the taking effect of this charter shall be continued and completed here-
under. Public improvements for which legislative steps shall have been
taken under laws in force at the time this charter takes effect may be
carried to completion in accordance with the provisions of such laws.

Section 65. Power to appoint boards or commissions of citizens.—
The council may provide for the appointment of boards or commissions,
to be composed of such number of citizens, regardless of sex, as the
council may deem expedient to act in an advisory capacity in conjunc-
tion with any one or more of the officers of the city. The members of
all such commissions shall serve without compensation.

Section 66. 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 sentenced 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 Roanoke.

Section 67. Pension funds.—The council of said city shall have
authority to establish a fund or funds for the relief or pensions of persons
in the service of said city; to receive gifts, devises and bequests of money
or property for the benefit of such fund or funds; to make contributions
of public monies thereto on such terms and conditions as it may see fit;
and to make rules and regulations for the management, investment and
administration of such fund or funds.

Section 68. Partial invalidity.—If any clause, sentence, paragraph,
or part of this act shall for any reason be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of said act, but shall be confined in its opera-
tions to the clause, sentence, paragraph, or part thereof directly in-
volved in the controversy in which such judgment shall have been ren-
dered.

Section 69. Citation of act.—This act may for all purposes be re-
ferred to or cited as the Roanoke charter of nineteen hundred and
twenty-four.

Section 70. Repealing clause.—All acts and parts of acts in con-
flict with this charter are hereby repealed insofar as they affect the
provisions of this charter; and former charters for the said city, and
amendments thereto, are hereby repealed. .
Section 71. When charter takes effect.—An emergency is hereby
declared to exist, and this act shall be in force and effect from its pas-

sage. .