Chap. 336.—An ACT to amend and re-enact sections 12, 19c, 19e, 62, 64, 65 and
78 of an act entitled “an act to provide a new charter for the city of Rich-
mond,” approved March 24, 1926, as heretofore amended. [S B 292]

Approved March 21, 1928

1. Be it enacted by the general assembly of Virginia, That sections
twelve, nineteen-c, nineteen-e, sixty-two, sixty-four, sixty-five and
seventy-eight of an act entitled “an act to provide a new charter for the
city of Richmond,” approved. March twenty-fourth, nineteen hundred
and twenty-six, as heretofore amended, be amended and re-enacted so
as to read as follows:

Section 12. In case of the absence or inability of the mayor, the
president of the board of aldermen shall possess the same powers and
discharge the municipal duties of the mayor during such absence or
inability, and in the absence of the mayor and the president of the
board of aldermen, the vice-president of the board of aldermen shall
possess such powers and discharge such duties; in the absence or in-
ability of the mayor, the president of the board of aldermen and the
vice-president of the board of aldermen, the president of the common
council shall possess such powers and discharge such duties, and in
the absence or inability of the mayor, the president of the board of
aldermen, the vice-president of the board of aldermen, and the presi-
dent of the common council, then the vice-president of the common
council shall possess such powers and discharge such duties.

Section 19-c. To erect and keep in order all public buildings neces-
sary or proper for said city; to establish and maintain public squares,
parks, playgrounds and boulevards and to cause the same to be laid
out, equipped or beautified, whether the same be located within the
corporate limits or within five miles thereof; to maintain nurseries for
the propagation and growth of trees and shrubs to be used for the
purpose of improving, shading and ornamenting such squares, parks,
playgrounds, boulevards and streets of the city, and may authorize
the exchange or donation of any surplus stock of such trees or shrubs
to be used for a like purpose by other persons or corporations within
or without the city, and to acquire aviation fields, air ports, landing
fields, hangars, and such other grounds, structures, buildings, equip-
ment or obstructions on contiguous or adjacent property as may be
necessary or incident to the operation of aerial navigation within the
corporate limits of the city of Richmond or within ten miles thereof,
and to operate or license the use and operation of the same; and in
this connection, the advisory board of the city of Richmond is hereby
authorized to make and promulgate rules and regulations for the
operation and use of such airports and aviation fields, and prescribe
and enforce penalties for the violation of such rules and regulations.

Section 19-e. To establish, maintain, enlarge or improve water
works, gas works, and electric plants within or without the limits of
the city of Richmond, and furnish water, gas and electricity to con-
sumers for domestic or commercial purposes and charge and collect
compensation therefor, whether within or without the corporate limits ;
and to enforce the collection of unpaid gas, water or electric bills by
the same process or procedure that is now or may hereafter be pre-
scribed by law for the collection of State taxes or local levies, or by
such other method as the council may deem desirable, and to accom-
plish these purposes, to contract and agree with owners of land for
the use or purchase thereof, and for all land, rights or easements nec-
essary for the construction, maintenance or repair of dams, sluices,
conduits, culverts, pipes, basins, reservoirs, poles or wires connected
therewith, or any fixture or appurtenance thereof or may have the
same condemned for said purposes and for the supplying of water to
any canal, sluice, pipes or other fixtures or appliance used in connec-
tion with said water works, whenever, in their discretion, they may
deem the same necessary or desirable; provided, that the natural drain-
age of any roads, streets or lands outside of its corporate limits shall
not be impeded or illegally interfered with by the city in the erection
or construction of the works and improvements or the doing of any
other acts authorized by this charter. They shall have power to protect
from injury, by adequate penalties, the said works, pipes, poles, wires,
fixtures, land and canals, or anything connected therewith, within or
without the limits of said city, and to prevent the pollution of water
in James river or in any branch or stream flowing into the same or
into any canal from which a water supply may be obtained by
prohibiting the throwing or discharge in any manner of any filth, offen-
sive or deleterious matter or liquid therein. ‘There shall be no lease
nor sale of the city gas, water or electric works, unless the proposi-
tion shall first be submitted to the voters of the city of Richmond, at
some regular election and receive in favor thereof a majority of all
votes cast at such election.

Section 62. The city council may grant or refuse licenses, and in
the event of the refusal to grant any license, may prohibit the conduct
of business without such a license, and may require taxes to be paid
on such licenses, to auctioneers, to public theatricals or other per-
formances or shows; to keepers of billiard tables, tenpin alleys and
pistol galleries; to hawkers and peddlers in the city; or persons to sell
goods by sample therein; to agents for the sale or renting of real
estate; to commission merchants, and all other business which can-
not, in the opinion of the council, be reached by the ad valorem system
under the preceding section; provided, the council shall, in addition,
be expressly authorized and empowered to regulate the sale at auction
of jewelry, clocks, gold and silverware, gold and silver-plated ware,
rugs, curtains, carpets, tapestries, statuary, porcelains, chinaware, pic-
tures, paintings, bric-a-brac, or other articles of virtu and may also
prescribe the time, manner and conditions under which such auction
sales may be held and shall also have power to enact and enforce, by
adequate penalties all ordinances deemed necessary or expedient to
prevent fraud or deception in the sales of any goods, wares or mer-
chandise in the city of Richmond or within one mile thereof. They
may also grant or refuse such license to all sellers of wine or spirituous
or fermented liquors to whom the State grants such licenses, and
require taxes to be paid therefor in addition to those imposed by the
State. In the event of the failure of any person, firm or corporation
to pay any of the licenses imposed under the authority of this or the
succeeding section, the council may require interest to be paid at the
rate of six per centum (6%) per annum from the date that such
licenses become due and payable, and in addition shall be authorized
to impose such fines and penalties as it may deem proper.

Section 64. The collector of city taxes shall be empowered to col-
lect city taxes and all assessments or charges for the use of water, gas,
sewers or other service rendered by the city of Richmond for which
a charge is authorized to be made, by the same process or procedure
that is now or may hereafter be prescribed by law for the collection of
State taxes or local levies.

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

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

2. That all acts or parts of acts, in so far as the same conflict
herewith, be and the same are hereby repealed.

3. An emergency existing, this act shall be in force from its passage.