Chap. 393.—An ACT to provide a new charter for the city of Williamsburg, and
to repeal all acts and parts of acts in conflict therewith. [S B 4]

Approved March 29, 1932

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

CHAPTER J

Section 1. The inhabitants of the city of Williamsburg, as its limits
now are, or may be hereafter established, shall continue to be a body
corporate and politic, and as such, shall have, and may exercise, all
powers which are now, or may be hereafter, conferred upon or dele-
gated to cities of its class, under the constitution and laws of Virginia,
as fully and completely as if herein enumerated in detail, and no
enumeration of particular powers in this charter shall be held to be
exclusive.
Section 2. The administration and government of the said city
shall be vested in the council of the city of Williamsburg, and in such
other boards and officers as are hereinafter mentioned, or may be by
law otherwise provided.

Section 3. The council shall be a body political and corporate, by
the name of the “city of Williamsburg,” shall have perpetual succession
and a seal, and by that name may sue and be sued, and plead and be
impleaded.

Section 4. The members of the council shall each be clothed with
all the powers and authority of a justice of the peace to issue warrants,
both civil and criminal, to grant bail, and to issue attachments, all of
which shall be returnable before the civil and police justice or trial
justice of the city.

The council may unless it shall conjointly appoint and employ a
trial justice as hereinafter provided, appoint a civil and police justice
for the said city, who shall be vested with all the power and authority
conferred and charged with all the duties imposed on civil and police
justices provided for cities containing ten thousand and less than forty-
five thousand inhabitants, except that as to civil jurisdiction, when the
amount in controversy exceeds. fifty dollars there may be removal as
provided by general law.

In lieu of appointing a civil and police justice the council may in
its discretion enter into an agreement with one or more counties in the
same judicial circuit, of which the city of Williamsburg is a part,
whereby it shall conjointly employ with such county or counties a trial
justice, who shall be vested with all the power and authority conferred
and charged with all the duties imposed on civil and police justices of
cities containing ten thousand and less than forty-five thousand in-
habitants, and in addition such other powers, authority and duties as
shall be conferred and imposed on such trial justice by the act provid-
ing for his appointment in the said county or counties, subject to the
foregoing provision as to removal.

Appeals may be taken to the circuit court for the city of Williams-
burg and county of James City, from the decision of the civil and
police justice or trial justice, as herein provided, in both civil and
criminal matters in the same manner, upon the same terms, and be
tried in the same way as appeals from the decisions of civil and police
justices of cities containing ten thousand and less than forty-five thou-
sand inhabitants, are taken and tried under the general laws of the
State.

The council of said city shall provide a salary to compensate such
civil and police justice or trial justice; all fees collected by the said
civil and police justice or trial justice shall be paid into the city treas-
ury, for the use and benefit of the city.

Like provisions may be made for a substitute justice, and woken
such substitute acts, he shall receive the compensation which would
have been paid had the principal acted, and which compensation shall
be deducted from the salary or allowance made to the principal.
Section 5. The municipal officers of said city shall, beginning Sep-
tember first, nineteen hundred and thirty-four and biennially there-
after, consist of five councilmen, a city sergeant, and a commissioner of
the revenue, elected by the qualified voters of said city, and a treasurer,
a sheriff, an attorney for the Commonwealth, and a clerk of the circuit
court of the city of Williamsburg and of the county of James City,
elected conjointly for the city of Williamsburg and the county of James
City, by the voters of the said county and city, and such additional
officers as are herein provided for or may be provided for by the council.

Section 6. The treasurer elected by the county of James City and
city of Williamsburg shall collect all levies and taxes assessed and
levied by said council, and shall account to it therefor in such manner
as it may prescribe.

Section 7. The power and authority of the councilmen shall, in
addition to those mentioned and authorized by this act, be such as are
mentioned and prescribed by law.

Section 8. The present mayor, councilmen, sergeant and commis-
sioner of the revenue of the city shall continue in office until the ex-
piration of the terms for which they were respectively elected; and the
mayor and councilmen to be elected in June, nineteen hundred and
thirty-two, shall serve from September first, nineteen hundred and
thirty-two, to September first, nineteen hundred and thirty-four. In
June, nineteen hundred and thirty-four, and biennially thereafter there
shall be elected five councilmen, whose terms of office shall begin Sep-
tember first following. The sergeant and commissioner of the revenue
shall be elected at the times. in the manner, and for the term prescribed
by law. The council may fill any vacancy that may occur in said coun-
cil, or in the office for sergeant for any unexpired term.

Section 9. The supervision of the public schools in the city shall
be vested in a school board composed of three trustees, appointed by
the council. Vacancies on the said board shall be filled by the council.

Section 10. All municipal officers of the city, before entering upon
the duties of their respective officers, shall be sworn in accordance with
the laws of the State by any one authorized to administer oaths under
the laws of the State. If any person elected or appointed to any office
in said city shall neglect to take such oath before the day on which he
is to enter upon the discharge of the duties of his office, or shall for
twenty days after the beginning of his term of office, fail to give such
bond as may be required of him by the council, a vacancy in said office
shall then exist.

CHAPTER II.—MaAyor AND VIcE-MAvor

Section 11. At its first meeting in September, nineteen hundred
and thirty-four, and biennially thereafter following the regular muni-
cipal election, the council shall choose one of its members as presiding
officer, who shall have the title of mayor. The mayor shall preside
at the meetings of the council, and perform such other duties as may
be prescribed by this charter or as may be imposed by the council, con-
sistent with his office. He shall have no power of veto. 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. In time of public danger or emergency,
he may, take command of the police, maintain order and enforce the
law. Such course of action shall be subject to revision by the council.

The council may by ordinance provide for a salary, if any, to be
paid the mayor in addition to his salary as councilman.

Section 12. The council shall also at its first meeting in September,
nineteen hundred and thirty-four, and biennially thereafter following
the regular municipal election, choose one of its members as_vice-
mayor. The vice-mayor shall perform the duties of the mayor during
his absence or disability. In the event of the death, removal or resigna-
tion of the mayor, the council shall choose one of its members as mayor
for the unexpired term. No additional compensation shall attach to
the office of vice-mayor. }

CuHaApter IIJ.—TuHE CouNcIiL

Section 13. The council of the city on and after September, nine-
teen hundred and thirty-four, shall be composed of five members. They
shall be elected by the popular vote of the qualified voters of the city.

Section 14. The council shall, by ordinance, fix the time for their
stated meetings. Special meetings shall be called by the clerk of the
council upon the written request of the mayor, the city manager or any
two members of the council: no business shall be transacted at a special
meeting, but that for which it shall be called, unless the council are
unanimous. The meetings of the council shall be open to the public,
except when the public welfare shall require executive sessions.

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat shall be
deemed vacant, and his unexpired term shall be filled according to the
provisions of this act. ,

Section 15. The council shall appoint a clerk to serve at the will
of the council, and shall have authority to adopt rules and appoint such
officers and committees as they may deem proper for the regulations oi
their proceedings and for the convenient transaction of business; to
compel the attendance of absent members; and enforce orderly conduct
at meetings.

The council shall keep a minute book, in which the clerk shall note
the proceedings of the council, and shall record said proceedings at
large on the record book, and keep the same properly indexed.

Section 16. A majority of the members of the council shall con-
stitute a quorum for the transaction of business; but no ordinance shall
be passed or resolution adopted having for its object the appropriation
of money, or the levy of taxes and licenses, except by the concurrence
of at least three members. No vote or question decided at a stated
meeting shall be reconsidered at a special meeting unless all members
present, and four of them concur.
CHAPTER IV.—-City MANAGER

Section 17. The council shall appoint a city manager, who shall
be the chief executive officer of the city. The manager shall be chosen
by the council solely on the basis of his executive and administrative
qualifications and need not, when appointed, be a resident of the city
or the State. No member of the council shall, during the time for
which elected, be chosen as city manager. The manager shall be
appointed for an indefinite term, but shall be removable at the pleasure
of the council. Before the manager may be removed he shall, if he so
demand, be given a written statement of the reasons alleged for his
removal and the right to be heard publicly thereon at a meeting of the
council prior to the final vote on the question of his removal, but pend-
ing and during such hearing the council may suspend him from office.
The action of the council in suspending or removing the manager shall
be final, it being the intention of this charter to vest all authority and
fix all responsibility for such suspension or removal in the council.
In case of the absence or disability of the manager the council may
designate some qualified person to perform the duties of the office
during such absence or disability.

Section 18. The city manager shall be responsible to the council
for the proper administration of all affairs of the city placed in his
charge, and to that end, except as otherwise provided herein, he shall
have the power to appoint and remove all officers and employees in the
administrative service of the city, other than elective officials, but the
manager may authorize the head of a department or office responsible
to him to appoint and remove subordinates in such department or
office. Appointments made by, or under the authority of, the city
manager shall be on the basis of executive and administrative ability
and of the training and experience of such appointees in the work
which they are to perform. All such appointments shall be without
definite term unless for temporary service, not to exceed sixty days.

Section 19. Officers and employees appointed by the city manager,
or under his authorization, may be removed by him, or by the officer
by whom appointed, at any time. The decision of the manager, or other
officer, in any such case, shall be final, subject to review by the council.

Section 20. It shall be the duty of the city manager to act as chief
conservator of the peace within the city; to supervise the administration
of the affairs of the city; to see that the ordinances of the city and the
laws of the State are enforced; to make such recommendations to the
council concerning the affairs of the city as may seem to him desirable;
to keep the council advised of the financial conditions and future needs
of the city; to prepare and submit to the council the annual budget
estimate ; to prepare and submit to the council such reports as may be
required by that body; and to perform such other duties as may be
prescribed by this charter or required of him by the council.

Section 21. The city manager, and such other officers of the city
as may be designated by vote of the council, shall be entitled to seats
in the council, but shall have no vote therein. The manager shall have
the right to take part in the discussion of all matters coming betore
the council, and the directors and other officers shall be entitled to take
part in all discussions of the council relating to their respective depart-
ments and offices.

CHAPTER V.—POWERS OF COUNCIL

Section 22. The council of the city shall have, subject to the provi-
sions of this act, the control and management of the fiscal and muni-
cipal affairs of the city, and of all property, real and personal, belong-
ing to said city, and may make such ordinances and by-laws relating
to the same as they shall deem proper. The council shall in addition
to other powers given by law, have power to make such ordinances,
orders, by-laws and regulations as they may deem proper and necessary
to carry out the following powers, which are hereby vested in them:

First. To establish a market in and for said city, provide for the
appointment of proper officers therefor, prescribe the time and places
for holding the market, provide suitable grounds and buildings there-
for, and enforce such regulations as shall be necessary and proper to
prevent huckstering, forestalling, or regrating. }

Second. To erect and keep in order all public buildings necessary
and proper for the city, to erect and maintain either within or without
the city a city prison or prison farm, or both, for the safekeeping of
all persons who may be confined therein, and to establish a prisoner
labor force and require offenders to work thereon.

Third. To establish, maintain and operate water-works and sewer
systems within and without the ctiy; to contract and agree with the
owners of any land for the use of and purchase thereof, or have same
condemned according to law, for the location, extension, or enlarge-
ment of the said works, the pipes connected therewith, and the fixtures
or appurtenances thereof; and to protect from injury by ordinance,
prescribing adequate penalties, the said works, pipes, fixtures, and land,
or anything connected therewith, whether within or without the limits
of the said city.

Fourth. To open, extend, widen, or narrow, lay out, graduate,
curb, and pave, and otherwise improve streets, sidewalks, and public
alleys in said city, and have them kept in good order and properly
lighted; in order to properly light the streets of said city, the council
may erect and operate such number of lamps and fixtures thereto
belonging as they may deem necessary; they may build bridges in and
culverts under said streets, and may prevent or remove any structure,
obstruction, or encroachment over, or under, or in any street, sidewalk,
or alley in said city, and may permit shade trees to be planted along
said streets; but no person shall occupy with his works, or any appur-
tenances thereof, the streets, sidewalks, or alleys of the city, without
the consent of the council, duly entered upon its records.

Fifth. To prevent the cumbering of streets, sidewalks, alleys.
lanes, or bridges in the city in any manner whatever.
Sixth. To determine and designate the route and grade of any
public utility laid out in said city.

Seventh. To make provisions for and regulate weights, measures
and standards.

Fighth. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish, erect, and regulate hospitals; to
provide for and enforce the removal of patients to said hospitals; to
appoint and organize a board of health for said city, with the authority
necessary for the prompt and efficient performance of its duties.

Ninth. To require and compel the abatement and removal of all
nuisances within the said city, at the expense of the person or persons
causing the same, or the owner or owners of the ground whereon the
same shall be; to regulate or prevent slaughter-houses, soap factories,
candle factories within the city, and the exercise of any dangerous,
offensive or unhealthy business, trade, or employment therein; and to
regulate the transportation of coal, explosives, garbage and other
articles through the streets of the city, and to restrain and, regulate the
speed of locomotive engines and cars upon the railroads within the city.

Tenth. If any ground in said city shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof, shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expenses of so doing from
the owner or owners, occupier or occupiers, or any of them (except
in cases where such nuisance is caused by the action of the city au-
thorities or their agents, or by natural causes beyond the control of
the owner or occupant, in which case the city shall pay the expense
of abating the same), by distress and sale in the same manner in which
taxes levied upon real estate for the benefit of said city are authorized
to be collected; provided, that reasonable notice shall be first given to
said owners or their agents. In case of nonresident owners who have
no agent in said city, such notice shall be given by publication at least
once a week for not less than four consecutive weeks in any newspaper
published in the said city.

Eleventh. To regulate and direct the location and construction of
all buildings for the storage of gunpowder, explosives and combustible
substances ; to regulate the sale and use of gunpowder, explosives, fire-
crackers, fireworks, kerosene oil, or other combustible material ; to regu-
late or prohibit the exhibition of fireworks, the discharge of firearms,
the use of lights or candles in barns and stables and other outbuildings
within the city, and to restrain the making of bonfires within the city.

Twelfth. To prevent hogs, dogs, and other animals from running
at large in the said city, and to subject the same to such confiscation,
regulations, and taxes as they may deem proper. ]

Thirteenth. To regulate the riding and driving of horses and other
animals and the operation of motor and other vehicles, but not in con-
flict with State law; to prevent the throwing of stones or engaging in
any employment or sport on the streets, sidewalks or public alleys,
dangerous or annoying to persons; and to prohibit and punish the abuse
or cruel treatment of horses and other animals in said city.

Fourteenth. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots, disturbances and disorderly
assemblages ; to suppress houses of ill-fame and gambling houses, and
to prevent and punish lewd, indecent, and disorderly conduct or exhibi-
tions in said city.

Fifteenth. To prevent the coming into the city of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the city. |

Sixteenth. To acquire, by condemnation, purchase or otherwise,
provided for, maintain, operate and protect air-craft landing fields
either within or without the corporate limits of the city.

Seventeenth. To do all things whatsoever necessary or expedient
for promoting or maintaining the general welfare, comfort, education,
morals, peace, government, health, trade, commerce and industries of
the city, or its inhabitants, not in conflict with the Constitution of the
State.

Section 23. The council is empowered to acquire lands to be used
as a place for the burial of the dead. The said council shall have the
power to prescribe and enforce all needful rules and regulations not
inconsistent with the laws of the State for the use, protection, and
ornamentation of the cemetery; to set aside, at their discretion, by
metes and bounds, any portion thereof for the interment of strangers
and the indigent poor; to divide the remainder into burial lots, and sell
or lease the same, and to execute all proper deeds or other writings in
evidence of such sale or lease, and to prescribe what class or conditions
of persons shall be admitted to interment in the cemetery. The ceme-
tery, when established and enclosed, with the property included in it,
shall be exempt from all State, county, and municipal taxation.

Section 24. The police force shall be under the control of the city
manager for the purpose of enforcing peace and order, and executing
the laws of the State and ordinances of the city. They shall also per-
form such other duties as the city manager may prescribe. For the
purposes of enabling them to execute their duties and powers, each
policeman is hereby made a conservator of the peace, and endowed
with all the powers of a constable in criminal cases, and all other powers
which, under the laws of the State, may be necessary to enable him to
discharge the duties of his office. The pay, uniform, rules and regula-
tions for said police shall be prescribed by the city manager, subject to
approval by the council.

Section 25. Where, by provisions of this act, the council have
authority to pass ordinances on any subject, they may prescribe any
penalty not exceeding twenty-four months in jail and/or a fine not
exceeding five hundred dollars, either or both, for a violation thereof,
and may provide that the offender, on failing to pay the penalty recov-
ered and costs shall be imprisoned in the jail or prison farm of the city
for a term not exceeding ninety days, which penalties may be prosecuted
and recovered with costs in the name of the city of Williamsburg, or
shall compel them to work on the streets or other public improvements
of the said city. The council shall also have the right to establish
prisoner labor force in which they may require persons convicted of
violations of city ordinances, to work on the streets and other public
grounds of the city, and the further right to deal with the State for the
use and employment of persons convicted of violations of State laws.

Section 26. The city council shall not take or use any private prop-
erty for streets or other public purposes without making the owner
thereof just compensation for the same; but in cases where the council
cannot by agreement obtain title to the ground for such purposes, the
council may exercise the power of eminent domain, as provided by law.

Section 27. In every case where a street in said city has been, or
shall be, encroached upon by any fence, building or otherwise, the coun-
cil may require the owner to remove the same, and if such removal be
not made within the time prescribed by the council, they may impose
such penalty as they may deem proper for each and every day it is
allowed to continue thereafter, and may cause the encroachment to be
removed, and collect from the owner all reasonable charges therefor,
with costs by the same process that they are hereinafter empowered to
collect taxes.

Except, in any case where there is a bona fide dispute as to the true
boundary line or the location of the true street line (and 1f passage over
such street is not seriously impeded) the same shall first be established
and determined by an adjudication of a court of competent jurisdiction
in a proceeding instituted by either the city or property owner for that
purpose before the said city shall take any steps to remove the said
obstruction or encroachment, or to impose any penalty therefor. No
encroachment upon any street, however long continued, shall constitute
any adverse possession to or confer any rights upon the persons claim-
ing thereunder as against the said city.

Section 28. Whenever any street, alley, or lane in said city shall
have been used as such by the public with the knowledge and consent
of the owner for the period of five years, the same may at the election
of the council by resolution entered in its minutes thereby become a
public street, alley or lane, and the council shall have the same au-
thority and jurisdiction over and right and interest therein, as they
have by law over the streets, alleys and lanes laid out by them. Actual
dedication may be made by plat or deed. Any street or alley reserved
in the division or subdivision into lots of any portion of the territory
within the corporate limits of said city, by a plan or plot of record,
shall be deemed and held to be dedicated to public use, unless it appears
by said record that the street or allev so reserved is designed for private
use. The council shall have the right to elect, by resolution entered on
its minutes whether it will, or will not accept the dedication of any
street or alley.
Section 29. The city council shall grant and pay to all city officers
such salaries or compensation, if any, as the said council may from time
to time deem just and proper, or shall be fixed by this act; provided
the council may permit the city manager to fix the salaries or com-
pensation of any officers which it may see fit.

Section 30. Whenever, by act of assembly or ordinance of the
council, the necessity of collecting, maintaining and handling a sinking
fund for the retirement of city obligations may arise, the city manager,
the chairman of the finance committee of the council, and the treasurer
of the city shall be, and the same are hereby constituted, a board of
sinking fund commissioners, who are authorized to invest such sinking
fund in bonds of the United States government, those of the city of
Williamsburg, and such other municipal or county bonds issued by cities
or counties in Virginia as shall meet the approval of the council, and
to collect, care for, and reinvest the interest or income accruing from
the same as may be directed by the city council by resolution or ordi-
nance. No fees nor commission shall be paid to any officer for the
handling and control of the sinking fund.

Section 31. If any person, having been an officer of such city,
shall not within ten days after he shall have vacated, or been removed
from office, and upon notification or request of the clerk of the council,
or within such time thereafter as the city council shall allow, deliver
over to his successor in office all property, books, and papers belonging
to the city, or appertaining to such office in his possession or under
his control, he shall forfeit and pay to the city the sum of five hundred
dollars, to be sued for and recovered with costs; and all books, records,
and documents used in any such office by virtue of any provision of
this act, or of any ordinance or order of the city council, or any
superior officer of the said city, shall be deemed the property of the
said city and appertaining to said office, and the chief officer thereof
shall be responsible therefor. .

CHAPTER VI.—CITY OFFICERS

Section 32. The sergeant of the city shall be a member of the
police force of said city, and may be designated chief of the police
force, in the discretion of the city council; he shall have and exercise
the powers of a constable. The councilmen, sergeant, policemen, and
the civil and police justice or trial justice, in criminal and police mat-
ters, shall have jurisdiction for one mile from the corporate limits of
the said city.

Section 33. The treasurer, sergeant, or bonded officer, designated
by the council, shall collect and disburse all fines, licenses, and all other
moneys due the city, in such manner as the council may from time to
time direct, except the taxes assessed at the regular levy, which, by
law, are collectible by the treasurer. Such designated officer shall
perform such additional duties as the council, by ordinance, may direct.
He shall, before entering upon the discharge of the duties of his office,
execute in the circuit court for the city of Williamsburg and county of
James City, or before the clerk thereof, a bond according to law, with
surety, in such penalty as may be fixed by law or as the city council may
prescribe, conditioned for the faithful performance of the same.

The city council may combine offices where not expressly prohibited,
excepting that the assessing and collecting officers shall not be the same
person.

Section 34. The council may appoint or permit the city manager
to appoint, in addition to those herein provided for, such officers and
clerks as they may deem necessary, and define their powers, prescribe
their duties, and fix their compensation. The council may take from
any officer, whether elected or appointed by them, a bond, with surety,
to be approved by the council, in such penalty as it may deem proper.
payable to the city, with condition for the faithful discharge by the
said officer of the duties of his office.

Section 35. The city treasurer shall, except as is hereinbefore
provided, receive all money belonging to the said city; he shall keep
his books and accounts in such manner as the council may prescribe,
and such books and accounts shall always be subject to the inspection
of any member of the council, or any committee thereof, or the city
manager. |

Section 36. No money shall be paid out by the treasurer except on
a warrant of the clerk of the council, countersigned by the city man-
ager; and the treasurer shall keep a separate account of each fund and
appropriation, and the debits and credits belonging thereto. Provided,
however, the council shall have the right to require all city funds to
be deposited to the credit of the city and may prescribe the method
of disbursement.

Section 37. The treasurer shall report to the city council and to
the city manager at the end of each fiscal year, and oftener if required,
a full and detailed account of all receipts and expenditures during the
current and the preceding fiscal years, and of the state of the treasury.
He shall also keep a register ofall warrants, their date, amount, num-
ber, and fund from which paid, and the person to whom paid, specify-
ing also the time of payment; all such warrants shall be examined at
the time of making such report to the city council by a committee
thereof, which shall examine and compare the same with the books
of the clerk, and report discrepancies, if anv, to the council.

Section 38. The treasurer shall, in addition to collecting all taxes
and assessments which mav be levied by said city, perform such other
duties as are herein prescribed or may be ordained by the city council.

Section 39. All moneys received on all special assessments shall be
held by the treasurer as a special fund, to be applied to the payment
of the matter for which the assessment was made, and said moneys
shall be used for no other purpose.

Section 40. The treasurer may be required to keep all moneys in
his hands belonging to the city in such place or places of deposit as the
city council may by ordinance provide, order, establish or direct, and
such moneys shall be kept separate and distinct from the treasurer’s
own moneys. And he is hereby expressly pronibited trom using, di-
rectly or indirectly, the corporation money or warrants in his custody
or keeping for his own use or benefit, or that of any person or persons
whomsoever. ,

Section 41. The clerk of the council shall attend the meetings of
the council, shall keep a record of its proceedings, and shall have the
custody of the seal of the said city. He shall keep all papers that by
the provisions of this act, or the direction of the council, are required
to be filed with or kept by him. Immediately after the close of each
session of the city council, he shall make and present to the city man-
ager a transcript of every ordinance, resolution or order concerning
any public improvement, or for the payment of money, and every ordi-
nance, resolution, order and act of legislative character passed by the
city council at such session. He shall, in like manner, transmit to the
treasurer a transcript of all ordinances, resolutions or orders appro-
priating money or authorizing the payment of money, or the issue of
bonds or notes. He shall, in like manner, give notice to all persons
presenting communications or petitions to the city council of the final
action of the council on such communications or petitions. He shall
publish such reports and ordinances as the city council are required by
this act to publish, and such other reports and ordinances as it may
direct, and shall in general perform such other acts and duties as the
council may from time to time require of him.

Section 42. The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of
levying city taxes that may be ordered by the city council, and such
other duties as the council may prescribe or direct. He shall keep his
office in some convenient place in the city, and shall keep therein such
books, schedules, and records, and in such manner as the city manager
and city council may direct and prescribe, which books, records, and
other papers shall be subject to the inspection and examination of the
members of the city council, or any committee thereof, the city man-
ager, and of the collector of city taxes. He shall receive for his services
the fees allowed by law and such other compensation, if any, as the
city council may from time to time direct. The commissioner of the
revenue, in ascertaining the value of real property taxable in said city,
shall assess the same as required by law.

Section 43. For the execution of its powers and duties, the city
council may raise taxes, annually, by assessment in said city on all sub-
jects, the taxation of which by cities is not forbidden by general law,
such sums of money as they shall deem necessary to defray the ex-
penses of the same, and in such manner as it shall deem expedient.

Section 44. The city council may levy a tax or a license on any
person, firm, or corporation conducting any business or profession
whatsoever in this city, except when prohibited by general law, whether
a license may be required therefor by the State or not, and may exceed
the State license, if any be required.

Section 45. Any payment of taxes made by the tenant, unless under
an expressed contract contained in his lease, shall be a credit against
the person to whom he owes the rent.

Section 46. The council may require of owners of motor vehicles,
trailers, and semi-trailers, residing in the city, licenses for the privilege
of operating such vehicles in the city, such licenses to be issued, and the
fees therefor fixed by the council.

Section 47, All goods and chattels wheresoever found, may be
distrained and sold for taxes assessed and due thereon, and no deed of
trust nor mortgage upon goods and chattels shail prevent the same from
peing distrained and sold for taxes assessed against the grantor in such

eed.

Section 48. There shall be a lien on real estate for the city taxes
as assessed thereon from the commencement of the year for which
they were assessed. The council may require real estate in the city
delinquent for the nonpayment of city taxes to be sold for said taxes,
with interest thereon at the rate of ten per centum per annum, and
such per centum as the council may prescribe for charges. Such real
estate may be sold and may be redeemed in the manner provided by
law ; provided that at any such sale, where no person bids the amount
chargeable on any such real estate, it shall be lawful for the treasurer
to purchase the same for the benefit of the city upon the same terms
and conditions prescribed by general law, for the purchase of delinquent
real estate by treasurers for the benefit of the State and city or town,
respectively.

Section 49. The city council may organize and maintain a fire de-
partment for the city, and provide for the appointment of an engineer,
assistants, and other officers with any and all powers which have been
or may be vested by law, in such officers, and it may make rules and
regulations for the government of the officers and men of said depart-
ment; may prescribe their respective duties in case of fire or alarms of
fire; may fix their pay and may impose reasonable fines for the breach
of such regulations, and may make such ordinances as it may deem
proper to extinguish and prevent fire; to prevent property from being
stolen, and to require citizens to render assistance to the fire depart-
ment in case of need.

- Section 50. For the purpose of guarding against the calamities of
fires, the city council may, from time to time, designate such portions
and parts of the city as it deems proper within which buildings of wood
may or may not be erected. It may prohibit the erection of wooden
buildings in any portion of the city without its permission, and may
provide for the removal of such buildings or addition which shall be
erected contrary to such prohibition at the expense of the builder or
owner thereof ; or if any building in process of erection or already built
appears clearly to be unsafe the council may cause such building to be
taken down, after reasonable notice to the owner; and the council may,
by proper ordinances, divide the city into zones; specify the kind and
character of buildings which may be erected in the different zones:
provide for the disposition of garbage and waste; provide precautionary
measures against danger from fires; provide for the removal of build-
ings or structures of any kind, erected in violation of ordinances, at the
expense of the builder or owner; and may do all other things lawful
to be done, looking to the health and safety of the inhabitants of the
city.

Section 51. All officers hereafter elected under this act, subject to
the provisions of section ten hereof as to present incumbents, shall be
elected at the times and for the terms, as hereinbefore provided, and
shall enter upon the discharge of their duties, in accordance with the
provisions of the general laws of this State, concerning city officers.

Section 52. The jailor of the city of Williamsburg, or the person
in charge of the prison or prison farm of said city is authorized to
receive into said jail, prison, or prison farm without mittimus or
warrant, all persons apprehended by the sergeant or any police officer
of said city for violation of the rules, regulations, by-laws, or ordi-
nances, or for disturbing the peace of the said city, and shall be au-
thorized to retain such persons in his custody until ten o’clock the
following morning, at which time they shall be discharged unless regu-
larly committed to his custody by a mittimus or warrant, in which case
the officer so receiving said party shall be entitled to the fees provided
to be paid when a person is committed under a warrant or mittimus of
a justice of the peace.

Section 53. No tax shall be levied or corporation debt in excess of
one hundred dollars contracted unless by a resolution passed by a
recorded vote of a majority of the council.

Section 54. The city of Williamsburg and the officers diereot:
elected or appointed in accordance with the provisions of this act, shall
be clothed with all the powers, and be subject to all the provisions of
the general laws of this State, except in so far as the same are in
express conflict with the provisions of this act.

Section 55. Nothing in this act shall permit the council of the city
of Williamsburg to take any part of the land belonging to the College
of William and Mary for any purpose herein named.

CuHaAptTer VII.—City PLANNING

Section 56. The council may adopt a city plan, showing the streets;
highways, and parks heretofore laid out, adopted, and established, and
such city plan shall be final with respect to the location, length, and
width of such streets and highways, and the location and dimensions
of such parks. Such city plan may include any areas outside of the
boundaries of the city, but located within a distance of one and one-
half miles from the corporate limits, which areas, in the opinion of the
council, require inclusion in the city plan on account of their proximity
to the city and the need of regulating the growth of the community as
a whole. Such city plan is hereby declared to be established for the
promotion of the health, safety, and general welfare. Upon the adoption
of the city plan, or any amendment thereto, a certificate to that effect,
together with a plat, shall be filed immediately with the clerk of every
county affected by such city plan or amendment.

Section 57. The council is hereby authorized to appoint a city
planning commission, fix the terms of members, remove any member
for cause, fill any vacancies, which may occur, and provide for the
powers and duties of such commission, not in conflict with the provi-
sions of this act.

Section 58. The council may at any time, after a public hearing,
amend the city plan, by widening, relocating, or closing existing streets
and highways, and by altering any existing park, or by laying out new
streets and highways and establishing new parks. Before amending
the city plan, the council shall refer the proposed amendment to the
city planning commission for a report thereon, and shall not act on
such amendment until a report has been received from said commis-
sion, unless a period of thirty days has elapsed after the date of refer-
ence to the commission. Any amendment of the city plan, upon its
adoption by the council, shall be final unless changed as herein provided
as to the location, length, and width of any street and highway, and
the location and dimensions of any park. Any widening, relocating,
closing, or laying out of streets and highways proposed under provisions
of law other than those contained in this article shall be deemed an
amendment of the city plan, and shall be subject in all respects to the
provisions of this chapter.

Section 59. No plat showing a new street or highway within the
city, or within a distance of one and one-half miles from the corporate
limits, shall be filed or recorded in the office of the clerk of the city or
of any county until such plat has been approved by the council. Before
giving any approval, the council shall refer every such plat to the city
planning commission for a report, and shall not act on any plat so
referred until a report has been received from the commission, unless
a period of forty-five days has elapsed after the date of reference to
the commission. Before reporting to the council on any plat, the com-
mission shall hold a public hearing thereon. If any plat is disapproved
by the commission, it shall report the reasons for such disapproval to
the council. The council shall not approve any plat unless the streets
and highways provided in such plat are of sufficient width, of proper
grades, and suitably located to meet the probable traffic needs; to afford
adequate light, air, and access of fire apparatus to such buildings as
may be erected along the proposed streets and highways; and to insure
healthful conditions on the land adjacent to such streets and highways.
The council may, in appropriate cases, require that a plat, before being
approved, shall provide adequate open spaces for parks, playgrounds,
or other recreational uses; but the inclusion of such open spaces upon
a plat does not require their dedication to public use. After a plat has
been approved by the council, the streets, highways, parks, and other
open spaces shall be a part of the city plan. The council, after a public
hearing, may adopt general regulations in regard to the filing of plats.

Section 60. For the purpose of preserving the integrity of the city
plan, no permit shall hereafter be issued for the construction of any
building within the street lines of any mapped street or highway, as laid
down in the city plan, within the city. Provided, however, if the land
within any mapped street or highway is not yielding a fair return to
the owner, the board of appeals, provided for in chapter eight hereof,
by a majority vote of all of its members, may issue a permit for a
building within the street lines of such street or highway, upon such
conditions as will increase as little as possible the cost of opening such
street or highway, and will protect as far as possible the rights of the
public and the integrity of the city plan. The board of appeals, before
taking any action under the provisions of this section, shall hold a
public hearing, of which adequate notice shall be given to all persons
deemed to be affected. Any decision by the board of appeals, rendered
under the provisions of this section, shall be subject to the same court
review as provided for zoning decisions of the board.

Section 61. No public sewer, water pipe, or other public utility
shall be laid and no grading or paving shall be done by the city in any
street or highway in the city, or within a distance of one and one-half
miles from the corporate limits, unless such street or highway has been
placed upon the city plan by the council. No permit shall be issued for
any building in the city, or within a distance of one and one-half miles
from the corporate limits, unless such building is located adjacent to a
street or highway which has been placed upon the city plan by the
council. Provided, however, where the literal enforcement of the
provisions of this section would result in practical difficulty or un-
necessary hardship, or where the nature or use of the proposed build-
ing does not require its location to be adjacent to a street or highway,
the board of appeals, by a majority vote of all its members, may issue
a permit for a building, upon such conditions as the board may deem
necessary to preserve the integrity of the city plan and to insure the
proper location of future streets and highways in the city and the
surrounding area. Any decisions of the board of appeals, rendered
under the provisions of this section, shall be subject to the same court
review as provided for zoning decisions of the board.

CHAPTER VIII.—ZONING

Section 62. For the purpose stated in chapter one hundred and
ninety-seven of the Acts of Assembly, approved March eighteenth, nine-
teen hundred and twenty-six, the city council is hereby empowered to
pass zoning ordinances in conformity therewith, subject, however, to
the following modifications thereto:

(a) For any or all of the aforesaid purposes, the council may
divide the city and the adjoining area within one and one-half miles of
the corporate limits.

(b) The council shall not adopt any zoning ordinance or map until
it shall have appointed a city planning commission, as provided in
chapter seven and shall have received from said commission its recom-
mendations as to a zoning ordinance and map, and shall have held a
public hearing thereon.

(c) Any zoning ordinance, regulations, restrictions, and boundaries
of districts may be changed from time to time by the council, either
upon its own motion or upon petition, under such conditions as the
council may prescribe, after a public hearing and adequate notice to all
owners and parties affected. If a protest or protests be filed with the
council, signed by the owners of twenty per centum or more of the area
of the land included in the proposed change, or by the owners of
twenty per centum or more of the area of the land immediately adjacent
to the land included in the proposed change, within a distance of one
hundred feet therefrom, or by the owners of twenty per centum or
more of the area of the land directly opposite across any street or streets
from the land included in the proposed change, within a distance of
one hundred feet from the street lines directly opposite, then no such
change shall be made except by the unanimous vote of all of the mem-
bers of the council. No change shall be made by the council in any
zoning ordinance or map until such change has been referred to the city
planning commission for a report thereon, and no action shall be taken
by the council until a report has been received from the commission,
unless a period of thirty days has elapsed after the date of reference
to the commission.

(d) Within thirty days after the adoption of any zoning ordinance
and map, the council shall appoint a board of appeals, consisting of
five members, at least one of whom shall be from the territory adjacent
to the city, none of whom shall hold any other position with the city.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expiration
of the term of the different members, it shall be filled by the council for
the unexpired term.

Unless the council designates some member of the board as chair-
man, the board shall select a chairman from among its own members,
and may create and fill such other offices as it may choose. The board
may employ such persons as the council may approve, and expend such
sums as are appropriated by the council for its work.

CHAPTER IX,

Section 63. The plan of government provided by this charter may
be changed to any other plans provided for government of cities of
the second class at any time by the submission of such proposed change
to a special election in the manner provided by general law for the
submission of the same.

Section 64. All acts and parts of acts in conflict with any of the
provisions of this act are hereby repealed.

2. It being desirable to put in operation certain provisions of this
charter without delay, an emergency is declared to exist and this act
shall take effect from and as of the date of its passage.