Chap. 398.—An ACT to provide a new charter for the city of Fredericksburg,
Virginia, and to repeal the existing charter of said city, and all other acts or
parts of acts in conflict herewith. [S B 362]

Approved March 29, 1932

1. Be it enacted by the general assembly of Virginia, as follows:
Cuaprter 1—THE City, Irs BOUNDARIES AND GENERAL POWERS

Section 1. The inhabitants of the city of Fredericksburg, Virginia,
within the boundaries as now established or hereafter established in the
manner provided by law, shall continue to be a body corporate and
politic by name the city of Fredericksburg, and under that name shall
have perpetual succession; may use a corporate seal; contract and be
contracted with; may sue and be sued; may acquire property within or
without its boundaries for any municipal purpose, in fee simple or
lesser interest or estate, by purchase, gift, devise, lease or condemna-
tion and may sell, lease hold, manage and control such property as its
interests may require; and, except as prohibited by the Constitution of
Virginia or restricted by this charter, the city of Fredericksburg shall
have all municipal powers, functions, rights, privileges and immunities
of every name and nature whatsoever.

Section 2. The city shall have the power to furnish all local public
service, to purchase, hire, construct, maintain and operate or lease
public utilities; to acquire by condemnation or otherwise, within or
without the city limits, land and property necessary for such purposes ;
provided, that the power of condemnation shall not extend to the
properties of existing public utilities. And the city shall have full and
complete powers to operate any such public utility so acquired, so as to
enjoy for its citizens fully and completely, all benefits to be derived
therefrom. :

Section 3. The enumeration of particular powers by this charter
shall not be held or deemed to be exclusive, but, in addition to the
powers enumerated herein, implied hereby or appropriate to the exer-
cise hereof, it is intended that the city of Fredericksburg shall have,
and may exercise, all powers which, under the Constitution of Virginia,
it would be competent for this charter specifically to enumerate. All
powers of the city, whether express or implied, shall be exercised in
the manner prescribed by this charter, or if not prescribed herein, then
in the manner provided by ordinance of the council.

Section 4. The corporate limits and boundaries of the city of
Fredericksburg, Virginia, shall be as now established, the said limits
being described as follows:

“Beginning at a point on the west low water line of the Rappa-
hannock river, three hundred and thirty-three feet down stream from
the south side of Jefferson street; thence south sixty-three degrees
thirty minutes, west a distance of thirty-six hundred and fifty-six feet
to a stone; thence north twenty-six degrees twenty-nine and one-half
minutes, west a distance of eighty-four hundred and twenty feet to
a stone; thence north sixty-two degrees thirty-four minutes, east a dis-
tance of thirty-one hundred and eight and eight-tenths feet to an iron
pin; thence north twenty-seven degrees twenty-six minutes, west a dis-
tance of one hundred and fortv-four feet to a stone; thence north
thirty-six degrees thirty-nine minutes, east a distance of two hundred
and eighty-five feet to a stone; thence north thirty-seven degrees
twenty-six minutes west a distance of six hundred and eight feet to a
stone; thence north eleven degrees nineteen minutes, east a distance of
three hundred and seventy-seven feet to a stone; thence north fifty-six
degrees thirty-four minutes, east a distance of five hundred and fiity-
six feet to the low water line on the west side of the Rappahannock
river; thence southerly along the several meanders of the said low
water line of the Rappahannock river, to the beginning.”

Section 5. The boundaries of said city as now or hereafter estab-
lished, together with a city plat, shall be recorded among the deeds in
the office of the clerk of the corporation court of said city.

CHAPTER 2—-GOVERNMENT AND ADMINISTRATION

Section 6. The government and administration of the city shall be
vested in the mayor, one body to be called the council of the city of
Fredericksburg, and in one administrative officer, to be styled the city
manager, and in such other departments, boards and other officers as
are hereinafter provided for, or as are permitted or required by law,
appointed by the council.

Section 7. The council shall consist of twelve members, six af
whom shall be residents of and elected from the upper ward, and six
of whom shall be residents of and elected from the lower ward, by the
qualified voters of their respective wards, and who shall hold office for
the term of four years from the first day of September, next ensuing
their election, unless sooner removed by death, resignation or other
cause. The lines and boundaries of the upper and lower wards of the
city shall remain as now established by law, but the council shall have
the power to re-arrange and define ward lines and to divide the city
into two or more wards, and to provide for the representation of said
wards in the council, according to population, provided no change shall
be made in the existing ward lines, prior to January first, nineteen
hundred and thirty-three, nor shall any change thereafter be made
oftener than once every four years. ,

There shall be elected on the second Tuesday in June, nineteen hun-
dred and thirty-two, three members from each ward, and every two
years thereafter, on the same date, until a different representation is
provided by the council, three members from each ward, provided that
members of the present council shall continue to hold office until the
end of the term now fixed by law.

Vacancies in the council shall be filled within thirty days by the
election by the council, by a recorded majority vote, from the qualified
residents of the ward in which such vacancies shall occur, and those
elected to fill such vacancies shall hold office for the unexpired term of
the parties whose vacancies they filled, unless sooner removed by death,
resignation or other cause.

Removal of a member of the council from the ward from which he
was elected, shall vacate his office.

Members of the council shall be qualified electors of the city, and
shall not hold any other public office, except that of notary public.

Section 8. No candidate for the council or mayor, shall promise
any money, office, employment or other thing or value to secure thle
nomination or election, or expend in connection with his candidacy,
any money except as permitted by the election laws of the State, and
any such candidate violating this provision shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine not
exceeding five hundred dollars, or imprisonment for a term not ex-
ceeding six months, or both, in the discretion of the court or jury, and
shall forfeit his office, if elected; in event of said forfeiture the person
securing the next highest number of votes shall be entitled to said
office, provided he has not violated the provisions of this section.

Should all of the candidates for council or mayor be disqualified
hereunder, then the vacancies shall be filled by election by the council.

Section 9. 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 administration service. Except for the purpose of
inquiry, the council and its members shall deal with the administration
service solely through the city manager and neither the council nor any
member thereof shall give orders to or interfere with, any of the sub-
ordinates of the city manager, either publicly or privately.

Section 10. No person elected to the council, whether he qualify or
not, shall during the term for which he was elected or twelve months
after the expiration of that time, be elected by the council or appointed
by the city manager, to any position of trust or office of trust or profit
of the city. ,

Section 11. The council shall elect one of its members to preside
over its meetings, who shall be entitled, president, and shall also elect
another member to be vice-president, of the council to act in the place
of the president in his absence or incapacity. The president and vice-
president shall be elected for a term of two years, and any vacancy in
the offices shall be filled by the election by the council for the un-
expired term.

Section 12. The council shall meet at such times as may be pre-
scribed by ordinance, or resolution, provided, however, that it shall
hold at least one meeting each month. No business shall be transacted
at a special meeting except that for which it shall have been called,
unless all members of the council attend such special meeting or give
their written consent thereto.

Section 13. The mayor-president or any five members of the coun-
cil may call special meetings of the council at any time upon written
notice to each member served personally or left at his usual place of
business or residence, but special meetings may be held at any time
without notice, provided all members of the council attend said meeting
or waive notice thereof.

Section 14. A majority of the members of the council shall con-
stitute a quorum for the transaction of business. No vote shall be con-
sidered or rescinded at any special meeting unless at such special meet-
ing there be present as large a number of members as were present
when such vote was taken. No ordinance or resolution appropriating
money, imposing taxes, or authorizing the borrowing of money, shall
be passed except by record affirmative vote of a majority of all mem-
bers elected to the council.

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 regulation of
their proceedings, and for the convenient transaction of business; to
compel the attendance of absent members; to punish its members for
disorderly behavior; and by a vote of seven members of the council,
to expel a member for malfeasance or misfeasance in office. The coun-
cil shall keep a record book in which the clerk shall note the proceed-
ings of the council, and shall record said proceedings at large in the
record book and keep the same properly indexed.

Section 16. The school trustees of the city shall be elected or ap-
pointed by the council, in the manner and for the term prescribed by
the general law of the State. |

Section 17. The council shall appoint a local board of health, con-
sisting of five persons, one of whom shall be a practicing physician and
another the city manager, and shall likewise appoint a health officer,
who shall also be a physician, and who shall be ex-officio a member of
the board. Members of the board and the health officer shall hold office
for such term as may be fixed by the council, and shall perform such
duties as may be prescribed by State law and by ordinances of the city.

Section 18. The council may appoint an auditor, city collector, city
attorney and sanitary officer, or may by ordinance fix the method of
their appointment, all of whom shall hold office for such term as may
be fixed by the council.

Section 19. There shall be elected by the qualified voters of the
city on the second Tuesday in June, nineteen hundred and thirty-two,
and every four years thereafter, a mayor, who shall himself be a quali-
fied voter of said city, and who shall be the chief executive officer of
the city. His term shall begin the first of September, next ensuing his
election, and he shall receive such annual compensation as may be fixed
by the council, provided the same shall not be increased or decreased
during his term of office.

Section 20. Should the person elected mayor, omit or fail from any
cause to qualify on or before the first day of September, next following
his election, or, if after his election, he shall die or resign, or be re-
moved from office for any cause, then, and in all such events, the coun-
cil shall immediately thereafter elect some other qualified voter in his
stead, to serve out the unexpired term.

Whenever, from any cause, the mayor shall be unable to perform
the duties of his office, these duties shall be discharged by the president
of the council, or in his absence, the vice-president, who shall, in such
cases, exercise all the powers of the mayor, except the power of vetoing
acts of the council. | a |
Section 21. The duties of the mayor shall be such as are prescribed
by the Constitution and laws of the State and by ordinances enacted
by the council, but the mayor shall have no power to remove any city
officer or any employee of the city, including policemen and firemen.

CHAPTER 3—POWERS OF THE COUNCIL

Section 22. The council shall have all the general powers vested in
it by the Constitution and laws of the State, and it shall have power
to enact ordinances providing for the exercise within its jurisdiction of
all police powers which the State itself may exercise under the Con-
stitution, except such as may be specially denied cities by the act of the
general assembly, and shall further have power:

(a) To levy, assess and collect taxes, and to borrow money within
the limits provided by the Constitution of Virginia and by the statute
laws of the Commonwealth.

(b) To establish a market in and for the city, provide for the ap-
pointment of proper officers therefor, prescribe the time and place for
holding the market, provide suitable grounds and buildings therefor,
and enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling or regrading. ‘

(c) To erect and keep in order all public buildings necessary and
proper for the city, to erect and maintain 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 chain gang, and require
offenders to work thereon.

(d) To establish, maintain and operate waterworks and sewer
systems and other public utility works, within and without the city;
and 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 enlargement of the said works, the pipes,
wires and other appurtenances connected therewith and the fixtures or
appurtenances thereof; and to protect from injury, by ordinance, pre-
scribing penalties, the said works, pipes, wires, appurtenances, fixtures
and land, or anything connected therewith, whether within or without
the limits of said city.

- (e) 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, either on the outer side of the widewalks, or
in the center of said streets; and over any street or alley in the city,
which may be ceded or conveyed to the city by proper deed, they shall
have like power and authority as over other streets, and alleys; 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 company shall occupy
with its works, or any appurtenances thereof, the streets, sidewalks, or
alleys of the city, without the consent of the council, duly entered upon
its records. In the meantime, no order shall be made, and no injunction
shall be awarded by any court or judge, to stay proceedings of the city
council in the prosecution of their work, unless it be manifest that they,
their officers or servants, are transcending the authority given by law,
and that the interposition of the court is necessary to prevent injury
that cannot be adequately compensated in damages.

(f£) To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the city in any manner whatever.

(g) To determine and designate the route and grade of any rail-
road to be laid out in said city, and to restrain and regulate the speed
of locomotive engines and cars upon the railroads within the said city.

(h) To make provision for and regulate the weighing, measuring,
or testing of all products and articles offered for sale and barter in
the city.

(1) To secure the inhabitants from contagious infection, or other
dangerous disease, by quarantine or otherwise; 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 perform-
ance of its duties.

(j) To require and compel the abatement and removal of all
nuisances within the said city, at the expense of the person or persons
causing same, or the owner or owners of the ground whereon the
same shall be; to regulate, or prevent slaughter-houses, soap factories
or candle factories within the city, and the exercise of any dangerous,
offensive or unhealthy business, trade or employment therein; to regu-
late the transportation of coal, explosives, oils and other articles
through the streets of the city.

(k) If any ground in said city, or within one mile of its corporate
limits, 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 ground to be filled, raised or drained, or may cause such
substance to be covered or to be removed therefrom, and may collect
the expense of so doing from the owner or owners, occupier or oc-
cupiers, or any of them (except in cases where such nuisance is caused
by the action of the city authorities, or their agents, 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 bene-
fit of said city are authorized to be collected; or by any other legal
proceeding ; 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 pub-
lished in the city.

(1) 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 pistols, gunpowder, explo-
sives, firecrackers, fireworks, gasoline, kerosene, oil or other com-
bustible material ; to regulate the exhibition of fireworks, the discharge
of firearms, and to restrain the making of bonfires within the city.

(m) To prevent hogs, dogs and other animals, and fowls, from
running at large in said city, and to subject the same to such con-
fiscation, regulations and taxes as they may deem proper.

(n) To regulate the riding and driving of horses and other animals
and the operation of motor or other vehicles, but not in conflict with
State law; to prevent the throwing of stones or engaging in any em-
ployment 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.

(0) To provide for the punishment of misdemeanors committed
within the judicial limits of the city; to restrain and punish drunkards,
vagrants and street beggars; to prevent vice and immorality; to pre-
serve the public peace and good order; to prevent and quell riots, dis-
turbances and disorderly assemblages; to suppress houses of ill-fame
and gambling houses; to prevent and punish indecent and disorderly
conduct or exhibitions in said city, and to expel from the city, persons
guilty of such conduct who have not resided therein as much as one
year.

(p) 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.

(q) To acquire, by condemnation, purchase, or otherwise, provide
for, maintain, operate and protect air-craft landing fields, either within
or without the corporate limits of the city. _ ,

(r) 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 its inhabitants, not in conflict with the Constitution of the State.

(s) To regulate the burial of dead within the city and to regulate
the public cemeteries, and to require the return of bills of mortality by
keepers of all cemeteries in or near the city.

(t) Where, by provision of this act, the council have authority to
pass ordinances on any subject, they may prescribe any penalty not
exceeding five hundred ($500.00) dollars, or by imprisonment not ex-
ceeding twelve months or both, in the discretion of the court, justice or
jury trying the case for the violation thereof, and may provide that the
offender, on failing to pay the penalty recovered and costs, shall be
imprisoned in the jail or prison farm of the city for a term not exceed-
ing ninety days, which penalties may be prosectited and recovered with
costs in the name of the city of Fredericksburg, or shall compel them
to work in the streets or other public improvements of the said city.
The council shall also have the right to establish chain gangs in which
they may require persons convicted of violations of the 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 violating the State laws.

(u) In every case where a street in said city has been, or shall be
encroached upon by any fence, building or otherwise, the council may
require the owner (if known, or if unknown, the occupants of the
premises encroaching), 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 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 hereafter empowered to collect taxes. No en-
croachment 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.

(v) Whenever any street, alley or lane in said city shall have been
opened and used as such by the public for the period of five years, the
same shall thereby become a street, alley or land for public purposes,
and the council shall have the same authority and jurisdiction over and
right and interest therein, as they have by law over the streets, alleys
and lanes laid out by them, and 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 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 alley so reserved is designated for private
use. But upon a petition of a majority of the persons interested there-
in, the council shall have power to open the same for the use of the
public. The council shall have the right to elect, by resolution entered
of record, whether it will or will not accept the dedication of any street
or alley and shall also have the right to supervise all plotting and
planting and any and all other activities for the beautification of the
city.

(w) The city council shall grant and pay to all city officers such
salaries or compensation 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 compensation of any
officer which it may see fit. |

(x) Whenever, by an 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 chairman of the
finance committee of the council, the city manager 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 sink-
ing fund in bonds of the State of Virginia and the United States gov-
ernment, and those of the city of Fredericksburg, 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 ordinance. .No
fees nor commission shall be paid to any officer for the handling ane
control of the sinking funds.

(y) 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 one hundred dollars, to
be sued for and recovered, with costs, and all books, records and
documents used in 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 apper-
taining to said office and the chief officer thereof shall be responsible
therefor.

CHAPTER 4—THE City MANAGER

Section 23. The council shall appoint a city manager, who shall be
the chief administrative officer of the city. The manager shall be
chosen by the council solely on the basis of his executive and adminis-
trative qualifications and need not, when appointed, be a resident of the
city or State. The appointment of the city manager shall be for such
term as may be fixed by the council. Before the city 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 there-
on at a meeting of the council prior to the final vote on the question
of his removal, but pending 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 suspen-
sion or removal in the council. In case of the absence or disability of
the manager, the council may designate some qualified person to per-
form the duties of the office during such absence or disability.

Section 24. (a) 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 all officers and employees in the ad-
ministrative service of this city; but the manager may authorize the
head of a department or officer 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 ex-
perience of such appointees in the work which they are to perform.
All such appointments shall be without definite term, unless for tem-
porary service not to exceed six months.

(b) At least fifteen 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, according to
classification as nearly uniform as possible. 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 judgment shall be sufficient to meet all
just demands against the city on any account. The council may deter-
mine 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 25. 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 case, shall be final and there shall be no appeal therefrom
to any other officer, body or court whatsoever.

Section 26. It shall be the duty of the city manager to protect
property; to supervise the administration of the affairs of the city; to
make such recommendations to the council concerning the affairs of
the city as may seem to him desirable; to advise with the chairman of
the finance committee and to keep the council advised of the financial
condition and future needs of the city; to prepare and submit to the
council such reports as may be required by that body; to execute all
contracts on behalf of the city, except as may be otherwise provided by
this act, or by ordinance passed in pursuance hereof, and to perform
all such other duties as may be prescribed by this charter or required
of him by the council. |

Section 27. The city manager shall be entitled to a seat in the
council, but shall have no vote therein. The manager shall have the
right to take part in the discussion in all matters which come before
the council.

CHAPTER 5—POLICE AND FIRE DEPARTMENT

Section 28. There shall be a police department and fire department
which may be incorporated into one department, known as the “depart-
ment of public safety,” with the director thereof to be appointed by
the council.

First. (a) The city council shall provide by ordinance for the
appointment or election of a chief of police and members of the police
force in the city and shall include therein the method of their appoint-
ment, the term or time for which appointed and their pay.

(b) The chief of police and policemen shall constitute the police
force of the city and shall hold their respective positions as provided
by ordinance.

(c) The police force shall perform such duties as the council may
prescribe. For the purpose of enabling it to execute its duties, every
member thereof is hereby made a conservator of the peace and en-
dowed with the powers of a constable in criminal cases and with such
other powers under the laws of the State as may be necessary to the
discharge of the duties of his office.

(d) The pay, uniform, rules and regulations of the said police
force shall be prescribed by the council.
Second. (a) The city manager shall appoint a chief engineer ot
the fire department, whose duties, and pay shall be such as the council
may ordain. The city manager shall further appoint such number of
firemen as may be authorized by the council. Vacancies in the force
of firemen shall be filled in like manner. The chief engineer and fire-
men shall retain their position during good behavior or until they are
removed by the city manager. ,

(b) The pay, uniform, rules and regulations of the said members
of the fire department shall be prescribed by the council.

CHAPTER 6—ELECTIVE OFFICERS

Section 29. The clerk of the corporation court, the Common-
wealth’s attorney, the treasurer, the commissioner of revenue, the city
sergeant and such other elective officers as may be required by the Con-
stitution and statute laws of the State, shall be elected in the manner
prescribed by law, and shall perform such duties and receive such com-
pensation as prescribed by law.

Section 30. There shall be elected by the qualified voters of the
city at the general election to be held on the Tuesday after the first
Monday in November, nineteen hundred and thirty-three, a police jus-
tice who shall hold office for a term of four years from the first day
of January, next ensuing, and until his successor is elected and quali-
fied. In case of death, resignation or removal from any cause, the
vacancy in said office shall be filled for the unexpired term by the coun-
cil. The compensation of said police justice shall be fixed by the coun-
cil, paid out of the city treasury and shall not be increased or decreased
during his term of office. All fees from said office shall be paid to the
city collector. The police justice shall qualify in the manner prescribed
by law for other city officials.

(a) The police justice so elected, shall be a conservator of the peace
within the corporate limits of the city of Fredericksburg, and within
one mile beyond the corporate limits of the city, and within such limits
shall have exclusive, original jurisdiction. for the trial of all offenses
against the ordinances of the city (provided the city shall have the
right to appeal to the corporation court of said city from any decision
of the police justice affecting the legality or validity of any ordinance
passed by the council of the city), and in addition thereto, shall, in any
offenses against the laws of this Commonwealth, possess the jurisdic-
tion and exercise all the powers conferred upon the justices of the
peace and police justices by the laws of the State, in all of which cases
the punishment may be the same as the corporation court of the city
is authorized to impose. There shall be an appeal from the judgment
of such police justice to the corporation court of the city, as now or
hereafter provided by law from the judgments of justices of the peace
or police justices.

(b) The police justice 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 daily to the city manager, or if there
be an auditor to the latter. The chief of police, or such officer as shall
be designated by the council for that purpose, shall collect all fees,
fines, forfeitures and costs and report the same daily to the city man-
ager, or if there be an auditor, to the latter, and pay the same daily
to the city collector. |

(c) The police justice shall keep his office and court at such place
as may be prescribed by the council, which shall be kept open for the
transaction of business every day in the year except Sunday and legal
holidays. The court shall open each day at nine o’clock after meridian.

(d) In case of sickness or inability of such police justice to dis-
charge the duties of his office, or if he is situated so as to render it
improper for him to preside at any trial, the corporation court, or the
judge thereof in vacation, shall, by order entered of record, designate
some justice of the peace or magistrate of said city to act in his place.

CHAPTER 7—-FINANCE AND TAXATION

Section 31. The council may, in the name and for the use of the
city, contract debts and cause to be issued therefor, notes or bonds in
the manner prescribed by law, and subject to all of the restrictions
imposed upon cities by the Constitution and statute laws of the Com-
monwealth. Nothing contained in this charter shall in any manner
affect any notes or bonds of the city now outstanding.

Section 32. In the execution of its powers and duties, the city
council may levy and collect taxes, annually, by assessment in said city
on all subjects, the taxation of which by cities is not forbidden by
general law, to such extent as they shall deem necessary to defray the
expenses of the same, and in such manner as they shall deem expedient
(in accordance with the laws of this State and the United States).

Section 33. The city council may levy a tax or a license on any
person, firm or corporation conducting any business or profession what-
soever 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 34. 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 license to be issued and
the fees therefor fixed, by the council.

Section 35. All goods and chattels wheresoever found may be dis-
trained and sold for taxes assessed and due thereon and no deed of
trust or mortgage upon goods and chattels shall prevent the same from
being distrained and sold for taxes against the grantor in such deed,
in the manner prescribed by law.

Section 36. There shall be a lien on real estate for the city taxes
as assessed thereon from the commencement of the year for which
they are assessed. The council may require real estate in the city,
delinquent for nonpayment of city taxes, to be sold for said taxes, with
interest thereon at the rate of six per centum per annum, and such per
centum as the council may prescribe for expenses. Such real estate
may be sold and may be redeemed in the manner provided by law,
provided that any such sale, where no persons bids the amount charge-
able on any such real estate, it shall be lawful for thé treasurer to pur-
chase 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 37. The city of Fredericksburg, and its inhabitants, shall
be exempt from all assessment for levies in the way of taxes imposed
by the authorities of Spotsylvania county, for any purpose whatever,
except upon property in the said county owned by the inhabitants of
said city, nor shall said inhabitants be liable to serve upon juries in
said county.

CHAPTER 8—MISCELLANEOUS

Section 38. (a) All moneys received or collected for use of the
city from any source, shall be paid over, held and disbursed as the city
council may order or resolve, and in such depository or depositories as
may be prescribed by the council, either by ordinance or resolution.

(b) Where a depository is so designated the deposit may be con-
ditioned upon security to be furnished by it and approved by the
finance committee, either in the form of a surety bond or the deposit
of securities, as directed, and where security is furnished and approved
the council may relieve the surety on the bond of the depositing official
from liability growing out of the loss of said deposit by reason of ‘acts
or failure of said depository, provided nothing herein shall be con-
strued to release said surety from liability for loss resulting from any
dereliction of duty on the part of said official.

Section 39. (a) In any action against the city to recover damages
against it for any negligence in the construction or maintenance of its
streets, alleys, lanes, parks, public places, sewers, reservoirs or water
mains, or other public works engaged in by the city, where any person
or corporation is liable with the city for such negligence, every such
person or corporation shall be joined as defendant with the city, where
service of process may be had in Virginia in any action brought to
recover damages for such negligence, and where there is judgment or
verdict against the city, as well as the other defendants, it shall be
ascertained by the court or jury, which of the defendants is primarily
liable for the damages assessed.

(b) If it be ascertained by the judgment of the court that some
person or corporation other than the city is primarily liable, there shall
be a stay of execution against the city until execution against such
person or persons or other corporation or corporations shall have been
returned without realizing the full amount of such judgment.

Section 40. No action shall' be maintained against the said city for
damages for any injury to any person or property alleged to have been
sustained by reason of the negligence of the city or of any officer,
agent, or employee thereof, unless a written statement, verified by oath
of the claimant, his agent or attorney, or the personal representative
of any decedent whose death is the result of the alleged negligence of
the city, its officers, agents or employees, of the nature of the claim
and the time and place at which the injury is alleged to have occurred,
or to have been received, shall have been filed with the city attorney
or the city manager of said city, within ninety days after such cause
of action shall have accrued. And no officer, agent, or employee of the
city shall have authority to waive such conditions precedent or any
of them.

Section 41. The city council shall have full and complete powers
to pass any ordinances not in conflict with State law for planning
and zoning the city for any purpose deemed advisable by the council,
as completely as if all such purposes were fully set forth specifically

erein.

Section 42. Unless otherwise specifically provided, the persons
holding any of the offices provided for in this charter, which offices
have existed under the charter heretofore in force, shall continue to
hold the same under their previous election or appointment until the
term of such office as herein provided shall expire, dating the com-
mencement of such term from the time fixed in said former charter.

Section 43. The city council shall require bond with security from
the city manager, the chief clerk to the city manager, treasurer, city
collector, auditor, the official handling fines and penalties in the police
court, and such other officials and employees as may from time to time
be prescribed by the council, in such penalty as may be provided by
ordinance.

Section 44. Should any portion of this act be declared uncon-
stitutional, this act shall not affect the remainder hereof.

Section 45. An emergency existing, due to the fact that a muni-
cipal election will be held in the month of June, nineteen hundred and
thirty-two, this act shall be in effect from its passage.

All acts and parts of acts in conflict with any provision hereof are
hereby repealed. ,