Chap. 382.—An ACT to provide a new charter for the city of Hopewell and to
repeal the existing charter of said city and the several acts amendatory thereof
and all other acts or parts of acts inconsistent with this act so far as they
relate to the city of Hopewell. [S B 336]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, as fol-
lows:

Section 1. The city and its boundaries—The inhabitants of the
territory comprised within the present limits of the city of Hopewell,
as hereinafter described, or as the same may be hereafter altered and
established by law, shall continue to be a body politic and corporate,
to be known and designated as the city of Hopewell, and as such
shall have and may exercise all powers which are now or hereafter
may be, conferred upon, or delegated to, cities of the first class un-
der the Constitution and laws of the Commonwealth of Virginia, as
fully and completely as though said powers were specifically enum-
erated herein, and no enumeration of particular powers by this char-
ter shall be held to be exclusive; and the said city of Hopewell as
such shall have perpetual succession, may sue and be sued, contract
and be contracted with, and may have a corporate seal which it may
alter, renew, or amend at its pleasure by proper ordinance.

And it shall continue to consist of one ward until such time as it
may be subdivided into additional wards, in the manner prescribed
by general law.

The jurisdiction of the said city of Hopewell shall extend over the
harbor of Hopewell and over vessels of every description which may
arrive and be in the harbor thereof.

The present boundaries of the said city being as follows; to-wit:

Beginning at the mouth of Bailey’s creek at a point determined as
that point where the mean low water line on the north side of said
Bailey’s creek joins the mean low water line on the west side of the
James river; thence in a westerly direction upstream along the mean
low water line of Bailey’s creek as it meanders to a point near the
lower fork of Cattail creek where said low water line is intersected by
a line projected due true south from a point on an iron pipe, the co-
ordinates of which are twenty-five hundred N. and seventy hundred and
seventy-two and forty one-hundredths E; said co-ordinates being given
with reference to a certain plat recorded in the clerk’s office of the
circuit court of Prince George county in plat book number three at
page number one hundred and thirty-five; thence from said point
of intersection of the mean low water line on the northerly side of
Bailey’s creek and a line projected from said point on an iron pipe,
due true west to a point in the center line of said lower fork of Cattail
creek; thence up said center line of the lower fork of Cattail creek
as it meanders to its intersection with the center line of Cattail creek;
thence up the center line of Cattail creek in a westerly and north-
westerly direction, as it meanders to a point where the southwestern
boundary of a subdivision known as Battle Ground Addition leaves
Cattail creek, said point being near or in Petersburg street and in a
westerly direction from south Twenty-first avenue; thence in a north-
westerly direction along said southwestern boundary of Battle Ground
Addition to its intersection with the center line of south Twenty-fifth
avenue, an established street the width of which is fifty feet, said point
of intersection being in or near the intersection of Pickett street and
south Twenty-fifth avenue; thence in a northerly direction along the
center line of south Twenty-fifth avenue, said center line being also
the western boundary of Battle Ground Addition, to its intersection
with the southerly line of City Point road, said City Point road being
the main county road between Petersburg and City Point; thence in
a direct line along the projection of the center line of south ‘’wenty-
fifth avenue in a northerly direction to its intersection with the north-
erly line of City Point road; thence eastwardly along the north side
of said City Point road to a point where same is intersected by the
western boundary of the Dolin subdivision; thence running north-
wardly and thence eastwardly and thence northwardly still following
the boundaries of the said Dolin subdivision, so as to include said
Dolin subdivision within the corporate limits of said city to the in-
tersection of the last named northerly course with the mean low wa-
ter line of the Appomattox river; thence northerly along the projection
of said last named northerly course to its intersection with the south-
ern boundary of Chesterfield county, said boundary being the mean
low water line on the north side of the Appomattox river; thence in
an easterly direction along said mean low water line of the Appomat-
tox river, the boundary of Chesterfield county to a point one hundred
and fifty feet distant from and at right angles to the center line of
the Appomattox river bridge on the Richmond-Hopewell highway ;
thence due true south eleven degrees and thirty-two minutes east, a
distance of four hundred and thirty-five feet more or less to a point;
thence due true north seventy-eight degrees and twenty-eight minutes
east one hundred and seventeen feet to a point; thence due true south
eleven degrees and thirty-two minutes east, a distance of seventy feet
to a point in the mean low water line on the south side of the Appo-
mattox river; thence eastwardly along the said mean low water line
of the Appomattox river a distance of sixty-six feet more or less to
a point; thence due true north eleven degrees and thirty-two min-
utes west, a distance of seventy feet to a point; thence due true north
seventy-eight degrees and twenty-eight minutes east, a distance of one
hundred and seventeen feet to a point; thence due true north eleven
degrees and thirty-two minutes west, a distance of four hundred and
thirty-five feet more or less to a point in the mean low water line on
the north side of the Appomattox river, said point being in the south-
ern boundary of Chesterfield county and said point being further
described as being one hundred and fifty feet distant and at right an-
gles to the center line of above mentioned Appomattox river bridge
and being in an easterly direction therefrom; thence in an easterly
direction along the said low water line of the Appomattox river, fol-
lowing the line of Chesterfield county to a point in the Appomattox
river in the said boundary line of Chesterfield county where the said
boundary line is intersected by a projection northwardly of the line
of the east side of Bermuda street; thence southerly along said pro-
jection of the line of the eastern side of Bermuda street to a point in
the mean low water line on the southern shore of the Appomattox
river; thence down the said mean low water line of the Appomat-
tox river to its intersection with the westerly mean low water line of
the James river; thence down said mean low water line of the James
river to its intersection with the mean low water line on the north-
erly side of Bailey’s creek, said point being the point of ‘beginning.

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

First. To raise annually by the levy of taxes and assessments in
said city such sums of money as the council hereinatter provided for
shall deem necessary for the purposes of said city, and in such man-
ner as said council shall deem expedient, in accordance with the Con-
stitution and laws of this State and of the United States; provided,
however, that it shall impose no tax on the bonds of said city.

Second. To impose special or local assessments for local im-
provements and enforce payment thereof; provided, however, that
such assessments or improvements to that part of the street which
constitutes the roadway, shall be made only with the consent in writ-
ing of a majority of the owners of the property affected, subject,
however, to such limitations prescribed by the Constitution of Vir-
ginia as may be in force at the time of the imposition of such special
or local assessments.

Third. Subject to the provisions of the Constitution of Virginia
and of this charter, to contract debts, borrow money and make and
issue evidences of indebtedness.

Fourth. To expend the money of the city for all lawful pur-
poses.

Fifth. To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate or interest therein, with-
in or without said city and for any of the purposes of the city; and
to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of
the same or any part thereof.

Sixth. To acquire, in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within and without the
city not exceeding at any one time five thousand acres in the aggre-
gate, and from time to time to sell or lease the same or any part
thereof for industrial or commercial uses and purposes.

Seventh. To make and maintain public improvements of all kinds
including municipal and other public buildings, airports, auditoriums
armories, markets, comfort stations, rest rooms, and all buildings anc
structures necessary or appropriate for the use of the departments of!
fire and police; and to establish a market or markets in and for said
city, and to appoint proper officers therefor; to prescribe the time
and place for holding the same; to provide suitable buildings and
grounds therefor and to make and enforce such rules and regula-
tions as shall be necessary to restrain and prevent huckstering, fore-
stalling and regrading, and for the purpose of regulating and con-
trolling the sale of fresh meats, fresh fish, farm and domestic products
in said city; the council shall have authority to confine the sale of
such articles or products to the public markets and public squares
provided by the city for that purpose, and shall have full power and
authority to use such streets, avenues or alleys in the city around the
public market and public squares as may be necessary to provide for
vehicles from which farm and domestic products are offered for sale,
and may by resolution or ordinance designate the streets or other pub-
lic places on or in which all licensed peddlers may sell or offer for
sale their goods, wares or merchandise, and shall have authority to
levy and collect a license tax for the sale of fresh meats and fresh
fish, and may impose a curbage tax for each wagon, cart or other
vehicle containing farm and domestic products brought into said city
and sold or offered for sale on the market and to acquire by condemna-
tion or otherwise all lands, riparian and other rights and easements
necessary for such improvements, or any of them.

Eighth. To furnish all local public service; to purchase, hire, con-
struct, own, lease, maintain and operate local public utilities, to ac-
quire by condemnation or otherwise, within or without the corporate
limits, lands and property necessary for any such purposes.

Ninth. To acquire in any lawful manner in any county of the
State, such water, lands, and lands under water as the council of
said city may deem necessary for the purpose of providing an ade-
quate water supply for said city and of piping or conducting the same;
to lay all necessary mains; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make
reasonable rules and regulations for promoting the purity of its said
water supply and for protecting the same from pollution; and for this
purpose to exercise full police powers and sanitary patrol over all
lands comprised within the limits of the watershed tributary to any
such water supply wherever such lands may be located in this State;
to impose and enforce adequate penalties for the violation of any such
rules and regulations; and to prevent by injunction any pollution or
threatened pollution of such water supply and any and all acts likely
to impair the purity thereof; and to acquire lands or materials for any
such use. For any of the purposes aforesaid said city may, if the
council shall so determine, acquire by condemnation, purchase, or other-
wise, any estate or interest in such lands or any of them, or any right
or easement therein, or may acquire such lands or any of them in
fee, reserving to the owner or owners thereof such rights or ease-
ments therein as may be prescribed in the ordinance providing for
such condemnation or purchase. The said city may sell or supply to

persons, firms or industries residing or located outside of the city
limits any surplus of water it may have over and above the amount
required to supply its own inhabitants.

Tenth. To establish and enforce water rates and rates and charges
for public utilities, or other service, products, or conveniences, oper-
ated, rendered or furnished by the city; to employ necessary compe-
tent inspectors to inspect the reservoirs, watersheds, filtering plants,
pumps, and pumping machinery and all other equipment of and all
sources of water supply of every water company furnishing such wa-
ter for domestic purposes, or use in the homes, or the inhabitants of
the city; to give reasonable notice to any such water company of any
condition disclosed by any such inspection which, in the opinion of
said inspector and of a majority of the city council renders, or unless
remedied probably will render the said water or water supply of the
city or its inhabitants or any part thereof dangerous or unfit to
be used for drinking purposes or general domestic purposes and to
require any such water company to remedy any such condition within
a reasonable time, to be stated in said notice; to specify in said no-
tice the particular acts or things which are required to be done by
any such water company to remedy or prevent any such condition
of said water or water supply; and if said condition be not remedied
by said water company and the acts and things specified in said no-
tice to said water company to be done by it, be not done within the
time specified in said notice, and if a majority of said city council
shall, by resolution, at a meeting of said council, of which said water
company has had reasonable notice and opportunity to produce evi-
dence and be heard, declare that an emergency exists requiring the
doing of said acts or things, so specified in said notice or any part
of them, or remedy or prevent such unfit or improper water or
water supply being provided for or furnished to the inhabitants of
the city, or any of them, then the council is hereby empowered and it
shall be its duty immediately to do the acts or things so specified in
said notice to said water company, and in said emergency resolution,
and said city council shall have the power and it shall be its duty, either
by withholding the water rentals which may thereafter become due
from the city to said water company, to reimburse the city for any
amount expended in the doing of said acts or things, or to recover said
amount from said water company by any appropriate action at law
or suit in equity; provided, however, that the maximum amount which
the said city may so expend in any calendar half-year period, between
January first and June thirtieth, or between July first and December
thirty-first, shall not exceed the sum of two thousand and five hundred
dollars; and provided further, that any such water company shall
have the right by proper legal proceedings to have determined whether
or not any such expenditure which may have been so made by said
city was made through abuse of discretion or without probable cause
to believe said expenditure a necessary one for the protection of the
city’s water supply; and if in any such proceeding it shall be finally
determined that said expenditure was one not necessary for said pur-
pose, said water company shall recover from the city any water ren-
tals which may have been retained as a reimbursement for said ex-
penditure; and provided further, that if said expenditure be found
not a necessary one, the city shall be entitled to receive from said
water company, by reason of said expenditure, only such amount
as under a quantum meruit it may be determined the said water com-
pany has received actual benefit of and in justice ought to pay value
received for. Permitting the growth of algae in an amount which ma-
terially affects the purity, taste or smell of such water, so as to render
the same unfit for drinking purposes or general domestic use, in
the reservoirs or sources of water supply is hereby declared a con-
dition which it is the duty of the council to prevent or remedy un-
der the powers granted in this sub-section. Nothing herein con-
tained shall be construed as in any way limiting, altering, affecting
or impairing the existing duties, jurisdiction or powers of the State
Corporation Commission, or of the State Board of Health, or any
other agency of the State over water companies in the city of Hope-
well or elsewhere, but any existing powers, duties or jurisdiction of
the State Corporation Commission, State Board of Health or other
agency of the State which are hereby conferred or imposed upon the
city council, shall be deemed to be concurrent.

Eleventh. To acquire in the manner provided by seneral law any
existing water, gas or electric plants, works or systems, or any part
thereof.

Twelfth. To establish, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle and clean, public squares, highways,
streets, alleys, boulevards and parkways, and to alter, or close the
same; to establish and maintain parks, playgrounds and other public
grounds; to construct, maintain and operate bridges, viaducts, sub-
ways, tunnels, sewers and drains, and to regulate the use of all such
highways, parks, public grounds and works; to plant and maintain
shade trees along the streets and upon such public grounds; to pre-
vent the obstruction of such streets and highways; to construct, abolish
or prevent grade crossings over the same by railroads in the manner
provided by law; regulate the operation and speed of all cars and
vehicles using the same, as well as the operation and speed of all en-
gines, cars and trains on railroads within the city; to regulate the
services to be rendered and rates to be charged by buses, motor cars,
cabs and other vehicles for the carrying of passengers and by ve-
hicles for the transfer of baggage, and to do all other things what-
soever to make said streets and highways safe, convenient and at-
tractive.

Thirteenth. To construct and maintain, or aid in constructing and
maintaining, public roads, boulevards, pathways, ferries and bridges
beyond the limits of the city, in order to facilitate public travel to and
from said city and its suburbs and to and from said city and any
property owned by said city and situated beyond the corporate limits

thereof, and to acquire land necessary for such purpose by condemna-
tion or otherwise.

Fourteenth. Subject to the provisions of the Constitution of Vir-
ginia to grant franchises for public utilities.

Fifteenth. To collect and dispose of sewage, offal, ashes, gar-
bage, carcasses of dead animals and other refuse, and to acquire and
operate reduction or other plants for the utilization or destruction of
such materials, or any of them; or to contract for and regulate the
collection and disposal thereof.

Sixteenth. To compel the abatement and removal of all nuisances
within said city, or upon property owned by the city, beyond its limits ;
to require all lands, lots and other premises within the city to be
kept clean, sanitary and free from weeds and all manner of rub-
bish; to regulate or prevent slaughter houses or other noisome or
offensive business within said city, the keeping of animals, poultry or
other fowls therein, or the exercise of any dangerous or unwholesome
business, trade, or employment therein; to regulate the transporta-
tion of all articles through the streets of the city; to compel the abate-
ment of smoke and dust, and prevent unnecessary noise therein; to
regulate the location of stables and the manner in which they shall
be kept and constructed, and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, com-
fort, safety, convenience and welfare of the inhabitants of the city.

Seventeenth. If any ground in the said city shall be subject to be
covered by stagnant water or if the owner or occupant thereof shall
permit any offensive, insanitary, or unwholesome substance to remain
or accumulate thereon, the said council may cause such ground to be
filled up, raised or drained, or may cause such substances to be cov-
ered or removed therefrom, provided, that reasonable notice shall be
first given to the said owner or occupant or his agent. In case of un-
occupied property of non-resident owners who have no agent in said
city, such notice may be given by publication for not less than once
a week for two consecutive weeks in any newspaper published or
having a general circulation in said city.

Eighteenth. To direct the location of all buildings for storing
gunpowder or other explosive or combustible substances, to regulate
or prohibit the sale and use of dynamite, gunpowder, fire crackers,
kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and
all explosive or combustible materials, the exhibition of fireworks, the
discharge of firearms, the use of candles and other flame lights in
barns, stables and other buildings, the making of bonfires and the
carrying of concealed weapons.

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

Twentieth. To restrain and punish drunkards, vagrants, mendi-
cants and street beggars.
Twenty-first. To prevent vice and immorality; to preserve public
peace and good order; to prevent and quell riots, disturbances and
disorderly assemblages ; to suppress houses of ill-fame, gambling houses
and gambling devices of all kinds; to prevent lewd, indecent or dis-
orderly conduct or exhibitions in the city, and to expel from said
city or to punish persons guilty of such conduct.

Twenty-second. To inspect, test, measure and weigh any com-
modity or article for consumption or use within the city, and to es-
tablish, regulate, license and inspect weights, meters, measures and
scales.

Twenty-third. To extinguish and prevent fires and to compel cit-
izens to render assistance to the fire department in case of need, and
to establish, regulate and control a fire department or division; to reg-
ulate the size, materials and construction of buildings, fences and
other structures hereafter erected in such manner as the public safety
and convenience may require; to condemn, remove or require to be
removed, any building, structure or addition thereto which by reason
of dilapidation, defect of structure, or other causes, may have become
dangerous to life, health, public safety or property, or which may be
erected contrary to law; to establish and designate from time to time
fire limits, within which limits wooden buildings shall not be construct-
ed, moved into, added to, or enlarged, and to direct that any or all
future buildings within such limits shall be constructed of stone, nat-
ural or artificial, concrete, brick, iron or other fireproof material.

Twenty-fourth. To provide for the care, support and maintenance
of orphans, children of indigent parents and of indigent sick, aged,
insane, or poor persons and paupers.

Twenty-fifth. To establish, organize and administer public li-
braries, and public schools, subject to the general laws establishing a
standard of education for the State.

Twenty-sixth. To provide and maintain, either within or without
the city, charitable, recreative, curative, corrective, detentive, or penal
institutions.

Twenty-seventh. ‘lo prevent persons having no visible means of
support, paupers and persons who may be dangerous to the peace
and safety of the city from coming to said city from without the same,
and to expel therefrom any such persons who have been in said city
less than one year.

Twenty-eighth. To provide for the preservation of the general
health of the inhabitants of said city, make regulations to secure the
same, inspect all food and foodstuffs and prevent the introduction and
sale in said city of any article or thing intended for human consump-
tion which is adulterated, impure or otherwise dangerous to health,
and to condemn, seize and destroy or otherwise dispose of any such
article or thing without liability to the owner thereof; prevent the in-
troduction or spread of contagious or infectious diseases, and prevent
and suppress diseases generally; to provide and regulate hospitals

within, or those without the city limits, serving the inhabitants of said
city, and to enforce the removal of persons afflicted with contagious
or infectious diseases to hospitals, State or private institutions, or
places of quarantine provided for them; to provide for the organiza-
tion of a department of health, to have the powers of a board of health
for said city, with the authority necessary for the prompt and efficient
performance of its duties, with power to invest any or all the of-
ficials or employees of such department of health with such powers
as the police officers of the city have; to establish a quarantine ground
within or without the city limits, and such quarantine regulations
against infectious and contagious disease as the said council or de-
partment of health may see fit, subject to the laws of the State and of
the United States; to provide and keep records of vital statistics and
compel the return of all births, deaths and other information necessary
thereto.

Twenty-ninth. To acquire by purchase, gift, devise, condemnation,
or otherwise, lands, either within or without the city, to be used, kept
and improved as a place for the interment of the dead, and to make
and enforce all necessary rules and regulations for the protection and
use thereof, whether owned by the city or by others; and generally
to regulate the burial and disposition of the dead.

Thirtieth. To exercise full police powers, and establish and main-
tain a department or division of police.

Thirty-first. To do all things whatsoever necessary or expedient
for promoting or maintaining the general welfare, comfort, education,
morals, peace, government, health, trade, commerce or industries of
the city or its inhabitants.

Thirty-second. To enact and enforce ordinances pursuant to gen-
eral law to regulate the manufacture, transportation, sale, keeping
or storing for sale, advertising or exposing for sale, receiving, giving
away, or dispensing ardent spirits, and to provide and enforce such
penalty for the violation of such ordinances as may be permitted by
general law.

Thirty-third. To enact ordinances providing for the collection of
all classes of delinquent taxes, levies, assessments, and licenses accru-
ing to said city on persons and on all real and tangible personal prop-
erty and occupational or other license taxes, and to prescribe the method
of enforcing such collection, by distress, levy, sale or otherwise, as
may be permitted, authorized, or not expressly prohibited by general
law.

Thirty-fourth. To enjoin and restrain the violation of any city
ordinance or ordinances although a penalty is provided upon convic-
tion of such violation.

Thirty-fifth. To prescribe and regulate the routes in and through
the city to be used by motor vehicle carriers and to prescribe different
routes for different carriers and to regulate motor vehicle traffic in such
manner as may be deemed necessary for the general welfare.
Thirty-sixth. To regulate the time for filing of returns all classes
of property subject to taxation by said city and assess penalties in en-
forcing the same; and to require the commissioner of revenue to assess
property upon the failure of taxpayers to file returns, as directed by
council, or in the absence of such direction, then as provided by gen-
eral law.

Section 3. Authority over subdivisions.—To supervise subdivisions
of tracts of land in said city or within three miles of the corporate limits
thereof in accordance with the following provisions:

First. Every owner or proprietor of any tract of land situated with-
in the corporate limits of said city, or within three miles of the corpo-
rate limits thereof, who may hereafter subdivide the same into three
or more parts, for the purpose of laying out any town or city, or any
addition thereto, or any part thereof, or suburban lots, may cause a plat
of such subdivision with reference to known or permanent monuments
to be made, which shall accurately describe all the subdivisions of such
tracts or parcels of land, and giving the dimensions and length and
breadth thereof and the breadth and courses of all the streets and
alleys established therein. Descriptions of lots or parcels of land in such
subdivisions, according to the number and designation thereof on said
plat, contained in conveyances or for the purpose of taxation and cop-
ies of such plats and extracts therefrom properly attested by the clerk
in whose office said plats are recorded, shall have the same force and
effect as evidence that copies of deeds may have and shall be deemed
good and valid for all intents and purposes.

Second. Every such plat shall contain a statement to the effect that
the above or foregoing subdivision of (here insert a correct description
of the land or parcel subdivided) as appears in this plat is with the
free consent and in accordance with the desire of the undersigned
owners and proprietors, which shall be signed, by the owners and pro-
prietors, and shall be duly acknowledged before some officer author-
ized to take acknowledgements to deeds, and when thus executed and
acknowledged said plat, subject to the provisions contained in sub-
section four of this section, shall be filed for record and be recorded
in the office of the clerk of the proper court of the county or city.

Third. The recordation of such plat shall operate to transfer, in
fee simple, to the Commonwealth of Virginia such portion of the
premises platted as is on such plat set apart for streets, alleys, or other
public use and to create a public right of passage over the same; but
nothing herein contained shall prevent the persons who set apart such
land for streets and alleys, their heirs and assigns, where otherwise
they have the right and power so to do from erecting, putting down
and maintaining gas, water, telephone, sewer and electric works; pipes,
wires, conduits, fixtures and systems along or under the portions so set
apart. They shall not, however, obstruct or hinder the passage over
such streets or alleys further than is reasonably necessary while lay-
ing down, erecting, repairing or removing such works, pipes, wires,
conduits and fixtures, such removal, however, to be only with the con-
sent of the city manager of such city in event such works, pipes, wires,
conduits, fixtures and systems have been constructed or placed in ac-
cordance with plans and specifications approved as hereinafter in
subsection fifth of this section prescribed.

Fourth. No such plat, however, shall be recorded by the clerk of
any court of this Commonwealth, until the dimensions and location
of such streets, alleys, or lots, as indicated, on said plat, shall be ap-
proved by the city manager of said city, if the land be situated en-
tirely within said city, or if said land or part thereof be in a county,
by the city manager of the said city and by the board of supervisors
or the engineer of roads of the county (or if there be no engineer of
roads of such county, by the county surveyor of such county), or if
said city manager and the board of supervisors or road engineer, or
county surveyor, as the case may be fail to agree or act within the
hereinafter mentioned time after application thereto by the part inter-
ested, then by the judge of the circuit court of the county wherein
said land or part thereof lies; provided, however, that this section
shall apply only after such city shall place on file accessible to the
public in the city manager’s office, a map officially approved by said
city, showing in general a comprehensive plan for the future develop-
ment and laying out of its main proposed thoroughfare or thorough-
fares, which plan may be subject to reservations, conditions and
exceptions as in the judgment of the city is wise, including the right
to make such reasonable and suitable modifications thereof as may
be needful in the judgment of the said city.

Any person desiring to have a subdivision plat certified as herein
provided, where the platted property lies wholly or partly within a
county, shall apply therefor and file a copy thereof with the officers
aforesaid who are to act hereunder; and if the same be not acted upon
as herein provided. either favorably or unfavorably, within thirty days
after the same is filed then the judge of the court aforesaid, upon not
less than ten days’ previous notice to said city by the applicant, shall
have jurisdiction of such application and dispose thereof, in his dis-
cretion, in accordance herewith; and on a hearing thereof, the judge
shall enter an order of record either approving or disapproving such
plan as being either in conformity with or not in conformity with
said plan of said city, which order shall state the facts and be a mat-
ter of permanent record of said court. And upon an order of ap-
proval so entered the clerk shall record the plat. Should the officers
in the first instance disapprove the application, the applicant shall be
entitled to an appeal to the said court, under such reasonable rules
in relation thereto as the court shall allow. If the property in ques-
tion lies wholly within the city, then the circuit court of the city shall
have jurisdiction in the same manner as is herein provided for the said
circuit court of said county or counties. No plat subdividing any tract
of land situated within the corporate limits of the city of Hopewell,
Virginia, or within three miles of said city, into three or more parts
for the purpose of laying out any town or city, or any addition thereto,
or any part thereof, or suburban lots, shall hereafter be recorded ex-
cept in conformity with the provisions of this act.

Fifth. In event the proprietor or owners of any such subdivision
desire to construct in, or under any streets, or alleys located in that
portion of such subdivision which lies beyond the corporate limits of
the city of Hopewell, any gas, water, sewer, telephone or electric light
or power works, pipes, wires, fixtures or systems, they may present
plans or specifications thereof to the city manager of the city of Hope-
well, adjoining or within three miles thereof, who shall within ninety
(90) days thereafter approve or disapprove the same, and in event
of his failure either to approve or disapprove any such plans or speci-
fications within such period, such plans and specifications may be sub-
mitted, aften ten (10) days’ notice to the city of Hopewell, to the judge
of the circuit court of the county, wherein the land embraced within
said subdivision, or any part thereof lies, for his approval or dis-
approval, and his approval thereof shall, for all purposes of this
act be treated and considered as the approval of said city manager,
and from the decision of said judge in approving or disapproving such
plans or specifications there shall be no appeal; provided, however,
that nothing herein contained shall be construed as granting the right
of appeal from the action of said city manager in approving or dis-
approving such plans and specifications, and provided further, that
in event the improvements contemplated by such plans and specifica-
tions are constructed under plans and specifications which have not
been approved in one of the methods hereinbefore prescribed, such
owner or proprietor shall have the right to remove them upon an-
nexation by the city of the territory in which they may be laid, and
the said city shall at no time thereafter make use of them for public
purposes without paying the owner thereof just compensation.

In the event the whole or any part of any such subdivision which
is located in any county and is made and platted pursuant to this act,
shall thereafter be made, by annexation proceedings or otherwise, a
part of the city of Hopewell, then so much of such works, pipes, wires
and systems as shall have been laid and constructed in accordance with
plans and specifications approved either by the city manager of the city
of Hopewell, or by the judge of said circuit court in the manner afore-
said, and as shall be works of public improvement or utility of that na-
ture which said city has theretofore owned or operated within its limits
and shall be located in, upon or under any street or alley to be made
a part of said city by such annexation or other proceeding, shall be
and become the property of said city, which shall within six months
after such annexation becomes effective, pay therefor to the owners
thereof the fair value thereof as of the date such payment becomes
due, provided the same, or the use thereof, may by said city be made
subject to the same charges or assessments imposed by said city upon
or for the use of other like public facilities. In event the owners there-
of and said city are unable to agree upon such fair value, then the
same shall be determined by three disinterested appraisers to be ap-
pointed, upon the petition of either party in interest, by the court in
such annexation or other proceedings and the cost of such appraisal
shall be borne as such court, in its discretion, may determine. Any
and all payments made hereunder shall constitute and be considered as
credits upon the sum or sums of money authorized or required to be
set apart for and expended upon public improvements in territory an-
nexed under the provisions of chapter one hundred and twenty of
the Code of Virginia.

Nothing in this act contained shall be construed as to prevent the
owner or proprietor of such subdivision, where otherwise he has the
right and power so to do, from erecting, putting down and maintaining
gas, water, sewer, telephone and electric works, pipes, wires, fixtures
and systems and other like improvements along or under any streets
or alleys in such subdivision under plans or specifications which have
not been approved in the manner hereinbefore prescribed.

Sixth. Any such plat may be vacated by the proprietors thereof,
at any time before the sale of any lots therein, by a written instrument,
declaring the same to be vacated, duly executed, acknowledged or
proved and recorded in the same office with the plat to be vacated,
and the execution and recordation of such writing shall operate to
destroy the force and effect of the recording of the plat so vacated and
to divest all public rights in, and to reinvest such proprietors with the
title to, the streets, alleys, commons and public grounds laid out or
described in such plat. In cases where lots have been sold, the plat
or any part thereof, may be vacated upon the application of all the
owners of lots in said plat and with the approval of the city or county
officers mentioned in sub-section four of this section, and the approval
of said officers shall be obtained as provided in said sub-section four,
for the approval and recordation of the original, and shall not be va-
cated otherwise. |

Seventh. The clerk of the circuit court of the county or circuit
or corporation court of the city in whose office the plat aforesaid is
recorded shall write in plain legible letters across the plat so vacated
the word “vacated” and also make a reference on the same to the
volume and page in which said instrument of vacation is recorded.

Eighth. Nothing in this act contained shall be construed as an
obligation upon the city of Hopewell to pay for the grading, or for
paving of sidewalks, curb and gutter improvements or construction
except as may be provided by general laws heretofore or hereafter
enacted relative to annexation of territory by cities and towns.

Section 4. Creation and powers of dock commission.

First. The city of Hopewell, in addition to the rights, powers and
privileges conferred by this charter and by the Constitution and gen-
eral laws of this State, be and it is hereby empowered to create a dock
commission of such qualifications, membership, period of service and
compensation as it, by its council, may deem best for the develop-
ment, government and maintenance of its port and harbor, port ter-
minals and facilities, and to which may be delegated any or all of
the authority and powers of said city as herein provided, in the op-
eration, management or control of same.

Second. The said city is hereby authorized and empowered to
develop, govern and maintain a port and harbor for said city in the
following ways and manner and for the following uses and purposes:

(a) To delimit and fix the harbor and port lines having regard
to the acts of the Congress of the United States pertaining thereto,
and with such Federal assistance as may be requisite.

In fixing the lines and boundaries of said harbor, regard may be
had to existing depth and width of channel in the James and Appo-
mattox rivers; to the possible future growth of commerce and trade;
to the location of railroad terminals; to the necessity for an anchorage
and turning basin by dredging or otherwise and may accordingly fix
such lines and boundaries on the James river, to Bermuda Hundreds
or north thereof and as far east down the river as eastern boundary
of Jordan’s point and on the Appomattox as high up as the western
line of the right of way of the Prince George and Chesterfield Railway ;
said lines and boundaries to be delimited and fixed regardless of
whether the shore lines and abutting property is within the corporate
limits of said city or without.

(b) To fix and determine pier head and bulk head lines, as defined
by engineers of the United States war department, in their rules and
regulations governing rivers and harbors and navigable waters. To
develop its port facilities by acquiring needful lands or property.

By improving, maintaining and operating municipal wharves, docks
and terminal or terminals for said city upon the water front, slips,
dock sheds, warehouses, elevators, tracks and railroad and steamship
facilities, by acquiring all needful lands, rights in lands and water
rights to be used and operated for the landing, loading and unloading
of vessels, railroad cars or other carriers, and for the interchange
or transfer of goods, merchandise or other property between vessels,
railroad cars or other carriers, and for the temporary shelter or stor-
age of goods, merchandise or other property carried or about to be
carried by such vessels, railroad cars or other carriers.

(c) To charge and collect reasonable wharfage fees, tolls or dues
for the use of such municipal terminal or terminals and warehouses,
or for the services rendered in operation thereof.

Third. To remove or cause to be removed any obstruction to navi-
gation within the port after proper notice shall have been given to the
party or persons responsible for such obstructions. If such obstruc-
tion is not removed after such notice is given it may be removed by
said dock commission, which shall thereupon have the right to col-
lect from the party responsible for such obstruction the cost of the
removal upon proof of liability therefor.

Fourth. The city council may appoint, or provide for the appoint-
ment of, the harbor master mentioned in section thirty-six hundred
and eighty-two of the Code of Virginia and may further define his

powers and duties not inconsistent with general law. It may also fix
his term of office, and failure to fix such term shall be deemed to be
at the pleasure of the appointing power.

Fifth. The council shall have such additional power and author-
ity over its port and harbor as established, or as may hereafter be
established under the provisions of this charter, as now or may be
hereafter provided by general law, and may delegate such of said
powers and authority to the dock commission provided for in this
section as it may by ordinance provide.

Section 5. Creation and powers of city planning and park com-
mission.—

First. The said city is hereby authorized and empowered to create,
maintain and control a city planning and park commission with such
powers, rights and duties as may be hereinafter specified, together with
such powers and duties as may be hereinafter specified, together
with such powers and duties as legally or properly emanate therefrom;
to create, maintain and control a system of public parks and play-
grounds within or without the corporate limits thereof or adjacent
thereto; to make and form a city plan for said city and to carry out
the same, and for such purposes to acquire and hold property and
real estate by purchase, gift, or devise, and to condemn private prop-
erty for park purposes or in the due execution of its city plan to open
and maintain streets or highways; to use all proper and necessary
police powers in the maintenance, government, and control of said
parks, property and streets; to make appropriations for their estab-
lishment, maintenance and control and to enact such other ordinances,
consistent with the provisions of this act, as may be necessary for
the creation, regulation and control of such public parks, streets and
highways and the carrying out and due execution of any city plan here-
tofore or which may be hereafter made and adopted by it.

Second. Said city is hereby authorized and empowered to create
and form a board or commission, the name and style of which shall
be “city planning and park commission,” with the following powers,
rights and duties:

To be composed of five members, who shall have been residents of
said city for a period of not less than five years prior to election as
members of said commission; who shall serve without any compen-
sation or salary; three members of which shall constitute a quorum
for the transaction of any and all business of said commission. The
term of office of each member shall be for a period of five years and
until a successor shall have been elected and qualified.

Third. The terms of the members of the first commission shall
be as follows: One member for one year; one member for two years,
one member for three years, one member for four years, one member
for five years, to be determined by lot among themselves; the members
of the first commission or board to be elected by a majority vote of
the whole membership of the council. Any vacancy thereafter occur-
ring in said commission by expiration of term of office or for any other
reason, shall be filled by the remaining members of the commission,
subject to the approval of a majority of the whole membership of
the council.

Any vacancy occurring except by expiration of the term of office
shall be filled only for the unexpired term. Each member shall quality
by taking the oath of office and executing a bond, if required by the
council, conditioned upon the faithful performance of his duties, in such
sum as may be fixed by the council to be approved by the city attorney
and deposited with the clerk of the council. The cost of said bonds to
be paid out of any funds to the credit of said commission with the city
treasurer.

Fourth. The members of said commission shall immediately, upon
their election and qualification, organize by selecting one of their mem-
bers as chairman, and by the election of a secretary, who need not
be a member of the commission. The term of office of the chairman
shall be for one year and that of the secretary shall be at the will of
the commission, but they may be re-elected to any number of successive
terms. The salary of the secretary, if any, shall be fixed by said com-
mission and his duties prescribed by it.

Fifth. Said commission shall, to the extent of its ability, promote
and aid the council, its officials, and subordinates in the carrying out
and execution of the “city plan” heretofore recommended by “Morris
Knowles, Incorporated,” regarding the growth and development of
the city of Hopewell, formally accepted and approved by the council
of the city of Hopewell on the twenty-eighth day of May, nineteen
hundred and twenty-nine, or in any change or modification thereof.
In furtherance of such work and as an advisor and aid to said com-
mission, the city engineer is made ex-officio a member of said commis-
sion.

Sixth. The council may refer to said commission any major proj-
ects or plans under consideration by it in the execution of said “city
plan” for further careful study and survey. Said commission, after
proper consideration thereof, to make report to the council its find-
ings and conclusions, together with any recommendations it may deem
advisable. Said council may likewise, if it wishes so to do, refer to
said commission for its consideration and report thereon, any changes
or amendments sought to be made in its zoning ordinances.

In turn said commission may consider subdivision plats of ground
offered as future additions to the said city and amend, reject or ap-
prove same as such.

Said commission, subject to the approval and adoption by the coun-
cil, may lay out and project new streets for traffic and for the con-
venience of the public, but not in interference or departure from the
intent and purpose of the city plan heretofore adopted.

Seventh. Said commission shall have general superintendence and
control over any park or parks that may be at any time acquired by or
on behalf of said city. It shall be authorized to recommend to the

council to establish one or more parks in such locality or localities as
in its discretion it may deem best, for the interests of the residents of
said city, and whenever, in its opinion, any property within, adjoining
or near said city needed for park purposes and the same cannot be ac-
quired by donations, or purchase, said commission may then recom-
mend the same be acquired by condemnation proceedings in the name
of the city of Hopewell, under and in accordance with such statutes
and laws as are, or may be made and provided by the State of Vir-
ginia in such cases under the power of eminent domain.

The said commission is authorized and empowered, by aid with
the consent of the council, to sell any portion or any part of the land
so purchased and not needed for park purposes, and apply the proceeds
from any property so sold toward the payment of any debt due on
said property until all indebtedness thereon is fully extinguished.

The title to all property acquired for park purposes by gift, de-
vise or condemnation shall vest in the city of Hopewell.

Eighth. Said commission shall have the care, management, and
custody of all parks and grounds used for park purposes. It may re-
ceive gifts, donations or devises of personal or other property or lands
for park purposes ; may lay out and improve walks, drives, roads, lakes,
or swimming pools, plant trees, construct ornamental or other build-
ings of a necessary or suitable character and make such other improve-
ments as it may deem advisable and desirable for park purposes and
uses.

Ninth. It is empowered to enforce ordinances, rules and regula-
tions for the protection of all property and improvements belonging
to or pertaining to the park or parks under its control and to protect
the same from injury; likewise to prevent disorder and improper con-
duct within the precincts of the parks.

Tenth. The police power of the city of Hopewell is hereby ex-
tended over the parks, both within and adjacent to the city, that may
be acquired, and all violations of such ordinances, rules and regula-
tions may be enforced by the police department of the city or any
member thereof and may be punished as are all other misdemeanors
and offenses against the city by the police justice of said city. Such
violations may be punished by a fine not exceeding fifty dollars ($50.00)
and in default of payment of the fine the offender or delinquent may
be sentenced to confinement in the city jail for a period not exceeding
three months.

Eleventh. The commission, in association with the city manager,
shall have power to employ and maintain park police for the mainte-
nance of order and the preservation of park property, who shall have
authority to make arrests for misdemeanors committed within any park
and for the violation of park rules and regulations.

Twelfth. The commission shall have authority to make any ex-
penditure for park and city planning purposes within its funds and
its powers as herein defined, but no further, or otherwise. Subject to
the concurrence and approval of the city manager said commission
shall have power to employ and pay superintendents, employees and
other persons as it may deem necessary for maintaining, improving,
and controlling said parks.

Said commission shall keep accurate records, books of account and
shall make a report to the council on or before the first of December
of each year, or at such other time as may be designated by said council,
showing the amount received, from what sources, and how expended,
with such explanations and recommendations as may be deemed to be
for the best interest of the public parks and for carrying out the city
plan. Such books shall be open to inspection and examination by any
accountant or auditor selected by the city manager or council for that
purpose, and at any time by the city manager of any member of the
council.

Thirteenth. The commission, in conjunction with the city man-
ager, shall, each year prior to the making of the annual levy of taxes
by the council, prepare and submit to said council an estimate of the
amount of money which will be required for the purchase, mainte-
nance, control and improvement of park property for the succeeding
fiscal year which estimated budget shall set forth the item of ex-
pense as accurately as possible.

The city is hereby empowered in its discretion in its annual levy
of taxes to make such special levy for park and city planning purposes,
separate and distinct from its levy for other and ordinary municipal
purposes, a tax of not more than ten cents ($.10) on the one hundred
dollars assessed value of real estate within the city, as shall be nec-
essary to meet the expenditures contemplated in said estimate of the
commission.

The amount so levied shall be collected by the city treasurer and
carried to the credit of the commission and shall not be diverted there-
from and the same shall be and remain, a separate and distinct park
and city planning fund in the hands of the city treasurer.

All expenditures on account of this fund shall be made upon vouch-
ers, and approved by the commission through its chairman and sec-
retary, which vouchers shall, when accompanied by detailed statements
of such expenditure, be payable on presentation to the treasurer of
the city.

All funds arising from any concession or source of operation which
are to be devoted to, or used for the purchase, maintenance and bet-
terment of public parks under or controlled by the city of Hopewell
shall be paid from time to time to the city treasurer and a separate
account kept thereof and said commission shall from time to time be
authorized by council to order payments from same which shall be
made therefrom so long as there is a balance to the credit of the ac-
count of the said commission.

Section 6. Power of eminent domain.—In order to carry out effec-
tually the powers conferred by this charter, the city of Hopewell

is hereby expressly authorized to acquire, by condemnation proceed-
ings instituted in the circuit court of the city of Hopewell, if the sub-
ject lies or is situated within the city, and if not within the city, in
the circuit court of the county in which such subject lies, lands or any
interest therein, any right, easement or estate of any person or cor-
poration therein.

Whenever the city of Hopewell cannot agree on terms of pur-
chase or settlement with those entitled to such subject, because of
the incapacity of such owner, or because of the inability to agree upon
the compensation to be paid, or other terms of settlement or purchase,
or because the owner, or some one of the owners of the subject pro-
posed to be acquired, is a non-resident of this State, or cannot with
reasonable diligence, be found in this State, or is unknown. If the
subject is situated partly within the city and partly within a county,
the circuit court of such county shall have concurrent jurisdiction in
such condemnation proceedings with the court of the city of Hope-
well hereinbefore mentioned. The judge or the court exercising such
concurrent jurisdiction shall appoint five disinterested freeholders re-
siding either in such county or in the city, any three of whom may
act, as provided by law.

Section 7. Creation and powers of council—There is hereby cre-
ated a city council, which shall have full power and authority, ex-
cept as herein otherwise specifically provided, to exercise all of the
powers conferred upon the city, and to pass all laws and ordinances
relating to its municipal affairs, subject to the Constitution and general
law of the State and of this charter, and shall have full and complete
control of all fiscal and municipal affairs of said city and all of its real
and personal property and may from time to time amend, re-amend
and/or repeal any or all of the said ordinances, for the proper regula-
tion, management, and government of the said city and may impose
fines and penalties for the violation or non-observance thereof. It
shall by ordinance or resolution fix the salaries of all officers and em-
ployees of the city elected or appointed by it, or appointed by its auth-
ority or their rates of pay, and may so far as is not inconsistent with
the provisions of this charter define the powers and prescribe the du-
ties of all such officers and employees. To effectuate the powers con-
ferred by general law as well as the powers herein specifically granted,
the said council may employ all such persons as may be necessary.

Section 8. Composition of council; vacancies.—The council shall
consist of five members, who shall be elected at large and shall serve
for a term of four (4) years from the first day of September next
following the date of their election and until their successors shall
have been elected and qualified; provided, however, that at the first
election hereunder, two councilmen shall be elected to succeed those
whose terms expire on the thirty-first day of August, nineteen hundred
and thirty-four, and at the next election three councilmen shall be
elected to succeed those whose terms expire on the thirty-first day of
August, nineteen hundred and thirty-six. The council shall be a con-
tinuing body, and no measure pending before such body shall abate
or be discontinued by reason of the expiration of the term of office
or removal of the members of said body, or any of them. Vacancies
in the council shall be filled within thirty days, for the unexpired term,
by a majority vote of the remaining members; provided, however, that
if the term of office to be filled does not expire for two years or more
after the next regular election for councilmen following such vacancy,
and such vacancy occurs in time to permit it, then the council shall
fill such vacancy only for the period then remaining until such election,
and a qualified person shall then be elected by the qualified voters and
shall from and after the date of his election and qualification succeed
such appointee and serve the unexpired term, the number of candi-
dates equal to the number of vacancies to be filled for full terms re-
ceiving the highest number of votes shall be entitled to such full terms
and the candidate receiving the next highest number of votes shall be
entitled to the unexpired term caused by such vacancy.

Section 9. Qualification of members; conduct of candidates.—
Any person qualified to vote in said city shall be eligible to the office
of councilman therein. No candidate for the office of councilman shall
promise any money, office, employment, or other thing of value, to
secure a nomination or election, or expend in connection with his can-
didacy any money except as permitted by the general laws of the State;
and any such candidate violating this provision shall be guilty of a 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
trying the case, and shall forfeit his office, if elected; in which event,
the person receiving the next highest number of votes, who has not
violated this provision, shall be entitled to said office.

Section 10. Compensation, oath of councilmen and mayor.—Each
member of the council shall receive, subject to the provisions of this
charter, a salary of forty dollars ($40.00) per month, except the pres-
ident, whose salary shall be seventy-five dollars ($75.00) per month,
such salaries shall be payable in monthly or in equal semi-monthly in-
stallments, as salaries of other city officials are paid, and before enter-
ing upon the performance of their duties they shall take the oath pre-
scribed by law.

Section 11. Limitations of the powers of the council.—Neither the
council, nor any of its members, shall dictate the appointment of any
person to office or employment by the city manager, or in any manner
interfere with the city manager, or prevent him from exercising his
own judgment in the appointment of officers or employees in the ad-
ministrative service. Except for the purpose of inquiry, the council
and its members shall deal with the administrative service solely through
the city manager and neither the council nor any member thereof, shall

give orders to any of the subordinates of the city manager either pub-
licly or privately.

Section 12. Officers elective by council; rules—-The council shall
on the first btisiness day in September next following the regular munic-
ipal election, or as soon thereafter as may be practicable, elect one
of its members to preside over its meetings, who shall be entitled pres-
ident, and who shall be ex-officio mayor, and shall also elect another
member to be vice-president of the council who shall be ex-officio vice-
mayor, each of whom shall serve for a period of two years from the
first day of the September in which such election is held and until their
successors have been elected and have qualified. The council shall
also elect a city manager, a city clerk, a city auditor (the duties of
both offices, city clerk and city auditor, may in the discretion of the
council be imposed on one individual), a civil and police justice, a sub-
stitute civil and police justice, and subject to the provisions of section
thirty-four of this charter may elect a judge of the juvenile and do-
mestic relations court, at the time and for the tenure hereinafter pro-
vided.

The council shall also appoint the members of such boards and
commissions as are provided for in this charter or as may be estab-
lished by the council or by general law.

The council may, if it deems necessary, select the following officers:
a city attorney, a clerk of the police court, and a bailing justice, and
may combine the duties of clerk of the police court, with those of the
substitute civil and police justice. No other justices shall be appointed
or elected for said city, except those provided for in this charter.

All elections by the council shall be viva voce and the vote record-
ed in the journal of the council.

The council may determine its own rules of procedure; may punish
its members for misconduct and may compel the attendance of mem-
bers in such manner and under such penalties as may be prescribed
by ordinance. It shall keep a journal of its proceedings. A majority
of all the members of the council shall constitute a quorum to do
business, but a small number may adjourn from time to time.

No person now a member or who may hereafter be elected to the
council, shall, during his tenure of office as such member, or for one
year thereafter, be eligible to any office to be filled by the council by
election or appointment.

Section 13. Elections by council. When held, terms, et cetera.—
The council shall, on the first Tuesday in September, nineteen hundred
and thirty-four (or as soon thereafter as may be practicable) and
every two years thereafter elect a civil and police justice, a substitute
civil and police justice, a judge of the juvenile and domestic relations
court, and if the council deems it necessary, may, as provided in the
preceding section, elect a clerk of the police court and a bailing justice ;
each of whom shall serve for a term of two years from the first day
of November next following the date of his election and until his
successor shall have been elected and qualified. The council may
also elect, appoint or employ a city attorney, and elect a city clerk
and a city auditor, the last two offices may be filled by one person;
and may by ordinance fix the tenure of their terms of office or em-
ployment; failure to fix such tenure shall be construed to be at the
will of the council.

Section 14. Meetings of council—On the first business day in Sep-
tember (or as soon thereafter as may be practicable), next following
the regular municipal election, the council shall meet at the usual place
for holding meetings of the legislative body of the city for the purpose
of organizing for the ensuing term. Thereafter the council shall
meet at such times as may be prescribed by ordinance or resolution.
The president of the council, any member thereof, or the city manager,
may call special meetings of the council at any time upon at least twelve
hours’ written notice to each member, served personally or left at his
usual place of business or residence; or such meeting may be held at
any time without notice, provided, all members of the council attend.
All meetings of the council shall be public, except where the public in-
terest may require executive sessions, and any citizen may have ac-
cess to the minutes and records of all public meetings at all reasonable
times.

Section 15. Legislative procedure-——Except in dealing with ques-
tions of parliamentary procedure the council shall act only by ordinance
or resolution, and all ordinances except ordinances making appropria-
tions, or authorizing the contracting of indebtedness or issuance of
bonds or other evidences of debt, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appro-
priations or authorizing the contracting of indebtedness or the
issuance of bonds or other obligations and appropriating the money to
be raised thereby shall be confined to those subjects respectively.

The enacting clause of all ordinances passed by the council shall
be, “be it ordained by the council of the city of Hopewell.” No ordi-
nance, unless it be an emergency measure, shall be passed until it has
been read at two regular meetings not less than one week apart, or
the requirement of such reading has been dispensed with by the affirm-
ative vote of four of the members of the council. No ordinance or
section thereof shall be revised or amended by its title or section num-
ber only, but the new ordinance shall contain the entire ordinance,
or section as revised or amended. The ayes and nays shall be taken
upon the passage of all ordinances or resolutions and entered upon
the journal of the proceedings of the council and every ordinance or
resolution shall require, on final passage, the affirmative vote of at
least three of the members. No member shall be excused from vot-
ing except on matters involving the consideration of his official con-
duct, or where his financial or personal interests are involved.

In authorizing the making of any public improvement, or the ac-
quisition of real estate or any interest therein; or authorizing the con-
tracting of indebtedness or the issuance of bonds or other evidences
of indebtedness (except temporary loans in anticipation of taxes or
revenues or of the sale of bonds lawfully authorized); or authoriz-
ing the sale of any property or rights in property of the city of Hope-
well, or granting any public utility franchise, privilege, lease or right
of any kind to use public property or easement of any description or
any renewal, amendment or extension thereof, the council shall act
only by ordinances; provided, however, that after any such ordinance
shall have taken effect, all subsequent proceedings incident thereto
and providing for the carrying out of the purposes of such ordinance
may, except as otherwise provided in this charter, be taken by reso-
lution of the council.

Section 16. Emergency measures.—All ordinances and resolutions
passed by the council shall be in effect from and after thirty days from
the date of their passage, except that council may, by the affirmative
vote of four of its members, pass emergency measures to take effect
at the time indicated therein. Ordinances appropriating money for
any emergency may be passed as emergency measures, but no measure
providing for the sale or lease of city property, or making a grant,
renewal, or extension of a franchise or other special privilege, or reg-
ulating the rate to be charged for its service by any public utility,
shall be so passed.

Section 17. Record of ordinances and resolutions.—Every ordi-
nance or resolution upon its final passage shall be recorded in a book
kept for the purpose, and shall be authenticated by the signature of
the presiding officer and the city clerk.

Section 18. Ordinances and resolutions, et cetera, as evidence.—
A record of entry made by the city clerk or a copy of such record
or entry duly certified by him shall be prima facie evidence of the
terms of the ordinance, resolution, record or entry and its adoption.
All ordinances and resolutions of the council may be read in evidence
in all courts and in all other proceedings in which it may be necessary
to refer thereto, either from a copy thereof certified by the city clerk
or from the volume of ordinances printed by authority of the council.

Section 19. President of the council—The president of the coun-
cil shall preside at meetings of the council, and perform such other
duties consistent with his office as may be imposed by the council. He
shall be entitled to a vote, but shall possess no veto power. He shall
be recognized as the official head of the city for all ceremonial pur-
poses, by the courts for the purpose of serving civil process, and by
the governor for military purposes. He may use the title of mayor
in any case in which the execution of contracts or other legal in-
struments in writing, or other necessity arising from the general laws
of the State may so require; but this shall not be construed as con-
ferring upon him the administrative or judicial functions, or other
powers or functions, of a mayor, under the general laws of the State.
In time of public danger or emergency, he may, with the consent of
the council, take command of the police and maintain order and en-
force the laws, and for this purpose may deputize such special police:
men as may be necessary. During his absence or disability his duties
shall be performed by the vice-president of the council.

The powers and duties of the president of the council shall be suck
as are conferred upon him by this charter, and by general law, to-
gether with such others as may be conferred by the council in pur-
suance of the provisions of general law and of this charter.

Section 20. Time of holding municipal elections—A municipal
election shall be held on the second Tuesday in June, nineteen hun-
dred and thirty-four, and every second year thereafter, which shall
be known as the regular election for the election of councilmen.

Section 21. Method of conducting municipal elections—The can-
didates at any regular municipal election for the election of council-
men, equal in number to the places to be filled, who shall receive the
highest number of votes at such election, shall be declared elected.

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and
no elector shall in such elections cast more than one vote for the same
person.

Section 22. Election of other officers—There shall be elected by
the qualified voters of said city, on the Tuesday after the first Monday
in November, nineteen hundred and thirty-seven, and quadrennially
thereafter, the following officers: One attorney for the Commonwealth,
one commissioner of the revenue, one city treasurer and one city ser-
geant, who shall hold their offices for a term of four years from the
first day of January ensuing their election and until their successors
are duly elected and qualified, unless sooner removed from office; and
there shall be elected by the qualified voters of said city on the Tuesday
after the first Monday in November, nineteen hundred and forty-one,
and every eight years thereafter, one clerk of the circuit court of the
city of Hopewell, whose term shall begin and end as is now, or may
hereafter be, prescribed by general law.

Section 23. General provisions relating to elections; elections, how
conducted.—All elections provided for in this charter, except as other-
wise provided herein, shall be conducted, and the result canvassed and
certified by the regular election officials provided for by the general
election laws of the State and all such elections shall be governed by
such general election laws.

Section 24, The city manager; appointment, qualifications, et cet-
era.—The city manager shall be the administrative and executive head
of the municipal government. He shall be chosen by the council with-
out regard to his political beliefs and solely upon the basis of his ex-
ecutive and administrative qualifications. He shall be appointed for
an indefinite period and shall hold office during the pleasure of the
council. He shall receive such compensation as shall be provided by
the council by ordinance or resolution. He shall be bonded as the coun-
cil may deem necessary. During the absence or disability of the city

manager or in case of a vacancy, the council may designate some prop-
erly qualified person to perform the duties of the office during such
absence, disability or vacancy.

Section 25. Powers and duties of the city manager—The city
manager shall be responsible to the council for the efficient adminis-
tration of all officers of the city elected, appointed or designated by
council or by its authority. He shall have power and it shall be his
duty:

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

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

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

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

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

(f) To prepare and submit to the council a tentative budget for
the next fiscal year as provided by general law and by section thirty-
seven of this charter.

(g) To perform such other duties as may be prescribed or re-
quested by council.

Section 26. Investigations—The council, the city manager and
any other officer, board or commission authorized by them or either of
them shall have power to make investigations as to city affairs, and
for that purpose to subpoena witnesses, administer oaths, and compel
attendance and the production of books and papers.

Any person refusing or failing to attend, or to testify or to pro-
duce such books and papers, may by summons issued by such board
or officer be summoned before the police justice of said city by the
board or official making such investigation, and upon failure to give
satisfactory explanation of such failure or refusal, may be fined by
the police justice not exceeding one hundred dollars or imprisonment
not exceeding thirty days, either or both, such person to have the right
to appeal to the circuit court of said city. Any person who shall give
false testimony under oath at any such investigation shall be liable to
prosecution for perjury.

Section 27. Creation of departments.—The council may, by ordi-
nance, create administrative departments, and when such departments
are created, may define the functions which such departments are to
administer, may provide for the appointment of heads for such depart-
ments and define their duties and responsibilities.

Section 28. City clerk.—The city clerk shall be elected at the time,
in the manner, and for the term provided by sections twelve and thir-
teen of this charter. He may by and with the consent of the coun-
cil appoint one deputy and such number of assistants as may be pro-
vided for by ordinance. He shall be the clerk of the council, shall
keep a record of its proceedings, and either he or his deputy shall
attend all meetings thereof. He shall keep all books and papers which
by the provisions of this charter or by direction of the council, or
by general law, are required to be kept by or filed with him. He shall
be the custodian of the city seal, and shall affix and attest the same
when so directed by the council. He shall transmit copies of all ordi-
nances or resolutions to such officers and persons as are particularly
affected thereby. He shall give information to persons presenting com-
munications or petitions to the council of the final action of the coun-
cil thereon. He shall, except as otherwise expressly provided in this
charter, publish or cause to be published, all reports, ordinances and
other documents required by law to be published, and also such other
reports as the council of the city may by ordinance or resolution direct.
He shall perform such other duties as are required by this charter,
and in general shall perform such acts and duties as the council shall
by ordinance or resolution require of him. Any of the duties of said
city clerk may be performed by his deputy. The city clerk and his
deputy shall receive such compensation as the council may by ordinance
or resolution provide and give such bond as the council may by ordi-
nance require.

Section 29. City auditor—The city auditor shall be elected at
the time, in the manner, and for the term provided by sections twelve
and thirteen of this charter and shall give such bond as the council
may require. He shall receive such compensation as the council may
provide.

(a) The said auditor shall have charge and control of the keep-
ing of all accounts and financial records of the city of Hopewell, where-
in shall be stated, among other things, the appropriations for the year
for each distinct object and branch of expenditures, and also the
receipts from each and every source of revenue, so far as it can be
ascertained. All of such accounts and financial records shall be
subject to the examination of the city manager and members of the
city council, or other person required by order of the city manager
or of the council to make such examination.

(b) The said auditor shall be charged with and exercise a gen-
eral stipervision over all the officers and employees of the city charged
in any manner with the assessment, receipt, collection, or disbursement
of the city revenues; and the collection and return of such revenues
into the city treasury; and prescribe such system and regulation nec-
essary for the better reporting and accounting for all city revenue
and receipts.
(c) The said auditor shall have the power to examine and audit
all accounts, claims and demands for or against the city; and no
money shall be drawn from the treasury or paid by the city to any
person, except, as herein otherwise provided, unless the balance due
and payable be first settled and adjusted by the said auditor; and for
the purpose of ascertaining the true state of any balance or balances
so due, he shall have and he is hereby clothed with full power and
authority to administer on oath or oaths to the claimant or claimants,
or any other person or persons, whom he may think proper to ex-
amine as to any fact, matter or thing concerning the correctness of any
account, claim or demand presented and the person so sworn shall,
if he swears falsely, be guilty of perjury, and be subject to the punish-
ment prescribed by law.

(d) The said auditor shall draw a warrant on the treasury for
all money found to be due and payable to any person, stating the par-
ticular fund or appropriation to which the same is chargeable and
the person to whom payable; and no money shall be drawn from the
treasury except on the warrant of the auditor as aforesaid, counter-
signed as the council may by ordinance or resolution direct. But the
auditor is forbidden to issue his warrant for the payment of any
money in excess of the appropriation on account of which said money
is drawn.

(e) It shall be the duty of said auditor, as nearly as may be, to
charge all officers in the receipt of revenues or moneys of the city,
with the whole amount, from time to time, of such receipts. He shall
also require of all officers in receipt of city moneys that they shall
submit reports thereof, with vouchers and receipts of payment there-
for, into the city treasury, weekly or monthly, or as often as he shall
see fit to require the same by any regulation passed by the council; and
if any such officer shall neglect to make adjustment of his accounts,
when required, as aforesaid, and to pay over such moneys as received,
it shall then be the duty of said auditor to issue notice in writing,
directed to such officer and his sureties, requiring him or them with-
in ten days to make settlement of his said accounts with the auditor,
and to pay over the balance of moneys found to be due and in his
hands belonging to said city, according to the books of said auditor ;
and in case of the refusal or neglect of such officer to adjust his
said accounts or pay over said balance into the treasury of the city,
as required, it shall then be the duty of said auditor to make re-
port of the delinquency of such officer to the city attorney who shall
at once take action to have him suspended from office, and proceed
forthwith to institute the necessary proceedings for the removal of
such officer from office, and immediately on his removal, institute suit
in the name of said city against him and his sureties to recover the
balance of moneys so found to be due and in his hands belonging to
said city.
({) The auditor shall make out an annual statement, as soon a:
possible after the end of each fiscal year, giving a full and detailec
statement of all the receipts and expenditures during the year, whicl
he shall forthwith file with the city manager and lay the same befor
the next meeting of the council.

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

Section 30. City attorney —The city attorney may be appointed,
elected or employed at the time, in the manner, and for the term
provided by sections twelve and thirteen of this charter. He shall
at the time of his appointment be a qualified voter in said city and
shall have practiced law in the State of Virginia for at least three
years and in the city of Hopewell for at least two years. He shall be
the legal adviser of and attorney and counsel for the city and the
school board of the city and for all officers, and departments thereof,
in matters relating to their official duties. He shall prosecute all suits,
actions and proceedings for and on behalf of the city and the school
board of the city, and defend all suits, actions and proceedings against
the same, and shall prepare all contracts, bonds and other instru-
ments in writing, in which the city or the school board of the city
are interested or concerned, and shall endorse on each his approval
of the form and correctness thereof, provided that in the case of
bonds to be issued by the city, it shall be sufficient if he certify to
the council his approval thereof as to form in a separate writing,
to be filed and preserved with the records of the council.

He may by ordinance be designated as the prosecuting attorney
for the prosecution of violations of all city ordinances.

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

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

When an obligation or contract made on behalf of the city grant-
ing a right or easement or creating a public duty is being evaded
or violated, the city attorney, when directed by council, shall insti-

tute and prosecute such suit or suits as may be necessary to enforce
the forfeiture thereof, or the specific performance thereof, as the
nature of the case may require.

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

Section 31. Civil and police justice——The civil and police justice
shall be elected at the time, in the manner and for the term provided
by sections twelve and thirteen of this charter. At the time of his
election he shall have practiced law in the State of Virginia for at
least five years and shall have been a bona fide resident and qualified
voter of, and shall have practiced law in, the said city for at least
two years.

(a) Oath. Such civil and police justice, before entering upon
the performance of his duties shall take the oath prescribed by law
and shall enter into bond in the penalty of two thousand dollars pay-
able to the city of Hopewell, Virginia, and conditioned as the law di-
rects, with corporate surety deemed sufficient by the council of said
city, which bond shall be filed with the court clerk and preserved in his
office.

(b) Such civil and police justice shall receive such monthly sal-
ary as the council may determine, which salary is to be paid in the
same manner as the salaries of other officials are paid, and in addition
thereto, shall receive such fees as may be earned by him in the trial
or other proceedings in civil matters, and such fees as are earned by
him in issuing criminal warrants and admitting persons to bail in
criminal matters, until and unless such fees are paid into the city
treasury under the provisions of section sixty-five of this charter, pro-
vided that he shall not charge or receive any fees for issuing criminal
warrants or admitting any person to bail when such services are per-
formed during usual court hours.

(c) The said civil and police justice shall have an annual vaca-
tion of one month during each year, between the first day of July
and the thirtieth day of September, with pay.

(d) The said civil and police justice shall collect such costs and
fees required by law to be paid to him in civil matters, the amount of
such costs and fees shall be the same as allowed to justices of the
peace and civil and police justices by general law, except that said jus-
tice shall receive for issuing a warrant of arrest in a misdemeanor
case the sum of one dollar, for issuing a warrant of arrest in a felony
case the sum of two dollars, for issuing a search warrant in any case
the sum of two dollars, for admitting any person to bail charged with
a misdemeanor the sum of one dollar, for admitting any person to
bail charged with a felony the sum of two dollars, provided that none
of said fees shall be taxed against or paid by the said city, for issuing
a warrant or other process of similar kind in a civil case the sum of
one dollar, for trying any civil case when the amount or thing in
controversy does not exceed one hundred dollars in value, the sum
of one dollar, for each one hundred dollars additional or fractional
part thereof in value, the sum of fifty cents, which said fee shall be
taxed as a part of the costs; providing that in all criminal cases tried
before such justice, and in which there is a conviction, the said jus-
tice shall, if authorized by council, tax as a part of the costs the sum
of one dollar as trial fee, and not more than two dollars as arrest and
attendance fees of officers, which criminal trial fees and arrest and at-
tendance fees shall be collected and paid into the city treasury and all
fines collected shall be accounted for according to general law and
city ordinances and paid into the treasury of the said city or to the
State, whichever may be entitled thereto. In civil cases the civil and
police justice shall charge and collect for every second or subsequent
continuance of the case a fee of fifty cents, to be paid at the time
such continuance is granted, by the party on whose motion or at whose
request such continuance is granted, but such continuance fee shall
not be taxed as a part of the costs of such case.

(e) Jurisdiction. Such civil and police justice shall be a con-
servator of the peace within the corporate limits of the city of Hope-
well and for one mile beyond said limits, and within the city limits
shall have exclusive original jurisdiction for the trial of all offenses
against the ordinances of the city, provided that the city shall have
the right of appeal to the circuit court of said city from any decision
of the civil and police justice affecting its revenues or the legality or
validity of any ordinance passed by the council; he shall have con-
current jurisdiction with the circuit court in all cases of the violation
of the revenue laws of both State and city, and the laws regulating
the manufacture, use, sale, offering for sale, transportation, keeping
for sale and giving away ardent spirits. He shall possess all the ju-
risdiction and exercise all the power and authority in criminal cases
of a justice of the peace and except where it is otherwise specifically
provided by law, shall have exclusive original jurisdiction for the
trial of all misdemeanor cases occurring within the corporate limits
of the city and concurrent jurisdiction with the county authorities of
offenses committed within one mile of the corporate limits. He shall
possess all the jurisdiction and exercise all the power and authority
in civil cases as is provided by general law for civil and police justices.
Council may by ordinance impose such other duties as it deems ex-
nedient.

(f) The said civil and police justice shall have exclusive orig-
inal jurisdiction in all civil matters cognizable by justices of the peace
for the counties and shall, in addition thereto, have concurrent juris-
diction with the circuit court of any claim for damages for any injury
done to property or to the person, which would be recoverable by ac-
tion at law, if such claim does not exceed three hundred dollars. No
other justice of the peace in said city shall hereafter exercise such
jurisdiction as is herein conferred on said civil and police justice, ex-
cept as provided in this charter.

(g) The said civil and police justice shall also have jurisdiction
to try and decide attachment cases as provided by general law.

(h) He shall have concurrent jurisdiction with the circuit court
of said city in actions at law, except for the recovery of a fine, where the
amount in controversy does not exceed one thousand dollars. An appeal
shall be allowed from the judgment of such justice only in cases where
the amount or thing in controversy exceeds twenty dollars in value ex-
clusive of interest, and in all cases affecting the public revenues; but
no such appeal shall be granted unless and until the party applying
for same shall have given bond in the amount and with surety to be
approved by such justice, to abide the judgment of the court to which
the appeal is made. In all misdemeanor trials before such justice
there may be an appeal to the circuit court of said city as is now or
may hereafter be provided by law for appeals from judgments of
justices. An appeal to the circuit court shall also be allowed from
the judgment of such justice imposing a penalty for the infraction of
any city ordinance.

(i) The said civil and police justice shall have all the powers
and authority respecting interrogatories as is now provided for civil
justices under section thirty-one hundred and sixteen of the Code
of Virginia and other sections pertaining to such interrogatories.

(j) The said civil and police justice shall keep a civil docket book
and a criminal docket book, in which shall be entered all cases tried
and prosecuted before him and of all civil processes issued by him,
except summonses for witnesses, the proceedings had therein and the
disposition of same, which docket books shall be furnished by coun-
cil. All papers connected with any proceedings before such justice,
except such as may be removed on appeal, distress warrants, and such
as in criminal matters may be required by law to be returned or lodged
in the office of the clerk of the circuit court, shall be properly indexed,
filed and preserved. The council shall provide, for such justice, the
necessary and proper books, forms, files and office equipment, which
shall be and remain the property of the city, and shall be turned over
by such justice to his successor in office. The books and papers in
such office shall be examined and audited at any time the council may
see fit, by such person or persons as the council may designate.

(k) He shall keep a regular account of all fees, fines, forfeitures,
and costs imposed or arising in the administration of his office in
both civil and criminal matters, which he shall report to the auditor.
at such intervals and in such form as council may require. The said
civil and police justice or the clerk of the police court, if such officer
is appointed, or such other person as council may designate for that
purpose, shall collect all fines, forfeitures and costs imposed in said
court and report to the auditor monthly such as have accrued to the
city, and pay the same to the treasurer not later than the fifth day of
the next succeeding month in which collected.

(1) He shall hold his court at such place as may be prescribed
by council, which shall be kept open for the transaction of business
every day in the year except Sundays and legal holidays, and if from
any cause he is unable to act, the substitute civil and police justice
shall discharge the duties of the civil and police justice prescribed
herein during such inability.

(m) Any vacancy occurring in the office of the civil and police
justice or substitute civil and police justice from any cause, shall be
filled by council by the election of a person with like qualifications,
prescribed by this charter.

Section 32. Substitute civil and police justice—The substitute
civil and police justice shall be elected for the term and in the manner
provided in sections twelve and thirteen of this charter. He shall
possess the qualifications for the civil and police justice, and shall
act for said civil and police justice, when, from any cause, said civil
and police justice is unable to perform the duties of his office. When
acting for said civil and police justice, he shall be subject to all the
provisions of law regarding the civil and police justice and shall pos-
sess all the jurisdiction and exercise all the power and authority and
receive the same fees as are prescribed for the civil and police justice,
and either of said justices while serving as civil and police justice
may perform acts, with reference to the proceedings of the other in
any matter, in the same manner, and with the same force and effect
as if they were his own. He shall take the oath prescribed by law
and enter into bond in the sum of one thousand dollars, with corporate
surety conditioned as provided by law.

Such substitute civil and police justice shall be paid at the rate re-
ceived by the civil and police justice when acting for him, and the
council shall determine whether such compensation shall be deducted
from the compensation of the civil and police justice, except that no
deduction shall be made from the compensation of the civil and police
justice for the month he is absent on vacation.

Section 33. Clerk of the police court—The clerk of the police
court if and when elected as provided in sections twelve and thirteen
of this charter, shall have been a resident of said city for at least two
years and shall be a qualified voter thereof. He shall perform such
duties and receive such compensation as council may by ordinance
prescribe. He shall give such bond as council may by ordinance re-
quire, and qualify by taking the oath required by law of public of-

‘i

Section 33-a. Bailing justice——The bailing justice for said city
if and when elected as provided in sections twelve and thirteen of this
charter shall take the oath prescribed by law and give bond in the pen-
alty of one thousand dollars, conditioned according to law to be ap-
proved by the council, with corporate surety and shall have, at the
time of his election, been a resident of the city of Hopewell for at least
two years and shall be a qualified voter thereof. He shall have author-
ity to issue summonses in criminal cases and criminal warrants, return-
able before, and to be heard and determined by the civil and police
justice or the substitute civil and police justice and to bail persons
charged with misdemeanors or violations of the city ordinances. His
term of office shall be concurrent with that of the civil and police
justice, and his compensation shall be the same fees as allowed by
this charter to the civil and police justice for issuing summonses in
criminal cases, criminal warrants, search warrants, and admitting per-
sons to bail in misdemeanor cases and for violations of the city or-
dinances, but in no case shall any of such fees be taxed against, charge-
able to or paid for by the said city. The said bailing justice shall be
a conservator of the peace within the corporate limits of the city of
Hopewell, but shall have no other authority, powers or jurisdiction
except those provided for in this charter.

Section 34. Judge of the juvenile and domestic relations court, his
election, qualifications, et cetera——As provided in sections twelve and
thirteen of this charter, the council shall elect a special justice of,
the peace who shall have practiced law in the city of Hopewell for
at least two years, and who shall be a qualified voter in the said city,
to be known as the judge of the juvenile and domestic relations court
of the city of Hopewell, who shall hold office for a term of two years
from the first day of November following his election, and until his
successor has been elected and has qualified, unless sooner removed
as provided by general law. He shall have and possess all the authority
and jurisdiction given judges of juvenile and domestic relations courts
by general law. Provided, that should a vacancy occur in said office
prior to November first, nineteen hundred and thirty-four, the council
may fill such vacancy for the remaining period and provided further
that the council may designate the civil and police justice or the sub-
stitute civil and police justice to act as the judge or substitute judge
of the juvenile and domestic relations court, and such designation shall
have the same effect as if the council had elected such person to the
office. The judge of the juvenile and domestic relations court shall re-
ceive such compensation as the council may by ordinance or resolution
prescribe. He shall take the oath prescribed by law and give such
bond as the council may require.

Section 35. Police force—The police force shall be composed of
a superintendent or chief of police and of such officers, patrolmen
and other employees as the council may determine. The superintendent
or chief of police shall have the immediate direction and control of the
said force, subject, however, to the supervision of the city manager
and to such rules, regulations and orders as the said city manager may
prescribe. The superintendent or chief of police shall issue all orders,
rules and regulations for the government of the whole force. In case of
the disability of the superintendent or chief of police to perform his du-
ties by reason of sickness, absence from the city or other cause, the
city manager shall designate some member of the police force to act
as superintendent or chief of police during such disability, and the
officer so designated shall serve without additional compensation. The
members of the police force shall be appointed and may be removed
by the city manager, and no person shall be eligible to appointment
as patrolman unless he shall have been a bona fide resident of the city
of Hopewell at least twelve months prior to his appointment, but the
city manager shall report each appointment and removal to the council.
Each member of the police force, both rank and file, shall have issued
to him a warrant of appointment signed by the city manager, in which
the date of his appointment shall be stated, and such warrant shall
be his commission. Each member of the said force shall, before en-
tering upon the duties of his office, take and subscribe an oath before
the clerk of the circuit court that he will faithfully without fear or
favor perform the duties of his office, and such oath shall be filed with
the clerk of said court and preserved with the records of his office.
And in addition, the several officers of the said force shall, if so re-
quired by the council, give bond in such penalty and with such security
as the council may by ordinance prescribe.

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

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

in his hands by any justice of the city, and shall make due return
thereof.

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

Section 36. Fire force-—The fire force shall be composed of a
chief and such other officers, firemen and employees as the council
may determine. The fire chief shall have immediate direction and
control of the said force, subject, however, to the supervision of the
city manager, and to such rules and regulations and orders as the said
city manager may prescribe. The city manager shall issue all orders,
rules and regulations for the government of the whole force. The
members of the fire force shall be appointed by the city manager and
may be removed by him. The city manager shall make report to coun-
cil of each appointment and removal; provided, however, that in case
of riot, conflagration or emergency, the city manager may appoint addi-
tional firemen and officers for temporary service.

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

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

Section 37. Annual budget—At least sixty days before the end o:
each fiscal year, the city manager shall prepare and submit to the coun:
cil an annual budget for the ensuing fiscal year, based upon detailec
estimates furnished by the several officers of the city government
according to classification as nearly uniform as possible. The budge
shall present the following information:

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

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

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

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

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

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

Section 38. Annual appropriation—At least every thirty days be-
fore the end of each fiscal year, the council shall adopt a budget for
the ensuing fiscal year and pass an annual appropriation ordinance
which shall be based on the budget so adopted and shall levy such
tax for the ensuing fiscal year as in its discretion shall be sufficient
to meet all just demands against the city on any account, subject,
however, to the provisions and limitations contained in section two
of this charter.

Section 39. Fiscal year, maturity of local levies, et cetera——The
council may determine when the fiscal year of the city shall begin and
end, and may change the same from time to time. The council may
also determine when city licenses, taxes and other local levies shall
be payable, and may by ordinance make the same payable in equal
semi-annual installments, and/or city license taxes aggregating fifty
dollars or more per year levied or assessed against any one person,
firm or corporation, in quarterly payments, and prescribe penalties for
non-payment thereof on time. For the purpose of reducing the amount
of money borrowed by the city on short term notes and on tax antici-
pation certificates, the said city shall have the power to allow a dis-
count on taxes paid in advance, to be fixed by ordinance, but which
discount shall not exceed a sum equal to six per centum per annum
for the period of such anticipated payment.

Section 40. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment, at any time within: the
year, of any work, improvement, or other object for which a specific
appropriation has been made, the unencumbered balance of each ap-
propriation shall revert to the respective fund from which it was
appropriated and shall be subject to further appropriation. No money
shall be drawn from the treasury of the city nor shall any obligation
for the expenditure of money be incurred except pursuant to appro-
priations made by the council.

Section 41. City treasurer—The city treasurer shall be elected at
the time, in the manner and for the term provided in section twenty-
two of this charter. He shall take the oath prescribed by law and
shall give bond in such sum as the council may by ordinance prescribe,
but not less than fifty thousand dollars nor more than one hundred
thousand dollars, with surety to be approved by the council, condi-
tioned for the faithful discharge of his official duties, in relation to the
revenues of the city, and of such other official duties as may be im-
posed upon him by general law and by this charter and the ordinances
of the city. He shall collect and receive all city taxes, levies, assess-
ments, license taxes, rents, school funds, fees and all other revenues
or monies accruing to the city, except such as council shall by ordinance
make it the duty of some other officer to collect, and for that purpose
shall be vested with any and all powers which are now or may here-
after be vested in such city treasurer as collector of State taxes. He
shall be the custodian of all public money of the city, and all other
money coming into his hands as city treasurer. It shall be the duty
of the said city treasurer to conduct all of the proceedings and render
all services necessary to perfect the sale and transfer of real estate in
said city, where the same shall be sold or advertised for sale for the
non-payment of any taxes or assessments imposed by the council.
He shall perform such other duties, have such powers and be liable
to such penalties as are now or may hereafter be prescribed by general
law or ordinance. For such services the city treasurer shall receive
such compensation as may be fixed under the provisions of general law.

Section 42. Commissioner of revenue.—The commissioner of the
revenue shall be elected at the time, in the manner and for the term
provided in section twenty-two of this charter. He shall give bond in
such sum as the council may by ordinance prescribe, not to exceed five
thousand dollars, with surety to be approved by the council, condi-
tioned for the faithful performance of all of his duties under the general
law, and this charter, and under any ordinance of the city. He shall
perform such duties not inconsistent with the laws of the State in
relation to the assessment of property and licenses as may be required
by the council for the purpose of levying city taxes and licenses. He
shall have power to administer such oaths as may be required by
general law or by the council in the assessment of license taxes or
other taxes for the city. He shall make such reports in regard to the
assessment of both property and licenses, or either, as may be required
by the council. For all such services the said commissioner of the
revenue shall receive such compensation as may be fixed under the
provisions of general law.

Section 43. Vacancies in the office of city treasurer or commis-
sioner of the revenue.—In case of any vacancy in the office of the city
treasurer or commissioner of the revenue, the same shall be filled as
provided by general law.

Section 44. Public improvements——Any public work or improve-
ment costing one thousand dollars or more, except as provided in the
next succeeding section, shall be executed by contract. All contracts
for more than one thousand dollars shall be awarded to the lowest
responsible bidder, after public advertisement and competition, as may
be prescribed by ordinance, and the council shall be the sole judge of
the responsibility of any bidder. But the council shall have the power
to reject any and all bids, whether such advertisements shall contain
a reservation of this right or not.

Section 45. Improvement by direct labor, emergency work.—For
public work or improvement costing one thousand dollars, or after
bids shall have been advertised for and received for making any public
improvement or doing any public work costing one thousand dollars
or more, the council may authorize the making of such improvement
or doing such work by the direct employment of the necessary labor
and purchase of the necessary materials and supplies on the basis of
detailed estimates submitted by the city manager.

Separate accounts shall be kept of all work and improvements so
done or made.

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

Section 46. Alterations or modification of contracts—When it be-
comes necessary in the prosecution of any work or improvement under
contract to make alterations or modifications of such contract, such
alterations or modifications shall be made only on the order of the
city manager. No such order shall be effective until the price to be
paid for the work and material, or both, and the credits, if any, to be

allowed the city, under the altered or modified contract, shall have been
agreed upon in writing and signed by the contractor and by the city
manager.

Section 47. Public advertising——All public advertising necessary
under this charter or required by general law shall be in a newspaper
published, or, of general circulation in said city, and may at the option
of the council be done by contract. No such contract shall be entered
into until after opportunity has been given for competition under such
rules and regulations as the council may provide and for a term not
exceeding one year.

Section 48. Actions against the city for damages.—No action shall
be maintained against the said city for damages for an injury to any
person or property alleged to have been sustained by reason of the
negligence of the city, or any officer, agent or employee thereof, unless
a written statement, verified by the oath of the claimant, his agent or
attorney, of the nature of the claim and of the time and place at which
the injury is alleged to have occurred or been received, shall have been
filed with the city attorney, of said city, within sixty days after such
cause of action shall have accrued.

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, where
any person or corporation is lable with the city for such negligence,
every such person or corporation shall be joined as defendart with
the city 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 defendant, it shall be ascertained by the court or jury which
of the defendants is primarily liable for the damages assessed.

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 re-
turned without realizing the full amount of such judgment.

If the city, where not primarily liable, shall pay the said judgment
in whole or in part, the plaintiff shall, to the extent that said judgment
is paid by the city, assign the said judgment to the city without recourse
on the plaintiff, and the city shall be entitled to have execution issued
for its benefit against the other defendant or defendants who have been
ascertained to be primarily liable, or may institute any suit in equity
to enforce the said judgment, or an action at law, or scire facias to
revive or enforce said judgment.

Section 49. Sinking fund commission.—There shall be set apart
from the resources of the city a sum to be designated by council,
which shall be known as the sinking fund, and shall be applied to the
payment of the bonded debt of said city as it shall become due, whether
contracted heretofore or hereafter, and if no part.be due or payable it
shall be invested in the bonds or certificates of said city, or of the State
of Virginia, or of the United States, or some state of the Union.
Said fund shall be subject to the orders and management of the sinking
fund commission. The said commission shall report to the council
the condition of said fund on the first day of January and July of each
year, or oftener if required by the council.

(a) The sinking fund commission, consisting of the president of
the council, the city treasurer and the city manager, is hereby created
and established for the purposes hereinabove set forth.

Section 50. Bond issues.—The council may, in the name and for
the use of the city, cause to be issued certificates of debt or bonds for
any one or more of the following purposes, namely: to provide for
water supply, water works, electric lights or other lighting system, gas
works, wharves, docks, harbors, including necessary turning basins and
shipping facilities and equipment in connection with such wharves,
docks and harbors, and suitable equipment against fire, or for erecting
and improving school buildings, jails, municipal buildings, hospitals,
warehouses, court houses, fire houses, libraries, and other public build-
ings, incinerators, disposal plants, abattoirs, slaughter houses, public
market buildings, auditoriums, armories, air ports, and equipment and
furnishings for same; opening, grading, paving, reopening, curbing,
guttering or otherwise improving any one or more of the streets or
alleys or widening existing ones; and in building, constructing and
aiding in the improvement of permanent public roads leading to said
city, or bridges or to purchase bridges, or the establishment, main-
tenance or operation of ferries within ten (10) miles of the cor-
porate limits of the said city as at present established or as the same
may be hereafter altered or established by law; or for laying, insti-
tuting and maintaining sewers and culverts in and along any of such
streets, avenues or alleys or any part thereof, or for any other perma-
nent improvement; or for the funding or refunding of existing indebt-
edness ; and the purchase of land for the above mentioned purposes and
for parks and other recreational purposes, provided, that no such cer-
tificate of debt or bonds shall be issued except by ordinance adopted
by a majority vote of all the members of the council and endorsed by
a majority of the voters of said city voting on the question at an
election for such purpose to be called, held and conducted in accord-
ance with an ordinance adopted by the council of the city of Hopewell
providing for such election; but such certificates of debt or bonds
shall not be irredeemable for a period greater than thirty-five years
from the date of their issue; provided further, that if a separate levy
be made for school purposes, then and in that event, the school board
of the city of Hopewell shall semi-annually pay into the city treas-
ury such amounts from said levy as may be necessary to pay the
interest and sinking fund on and for all outstanding bonds of said
city which have been or may have been or may hereafter be issued
for school purposes, in the event that no special levy should be made
for school purposes, then the school board shall render to the city
council a statement at the end of each month showing the collections
and disbursements made by said board. And provided, further, that
in no case shall the aggregate debt of said city at any one time exceed
eighteen per centum of the assessed value of the real estate within the
city limits, subject to taxation, including machinery and fixtures per-
manently affixed to the freehold, as shown by the last preceding assess-
ment for taxes; in determining the limitation of the power of said city
to incur bonded indebtedness, there shall not be included within the
limits hereinabove described the classes of indebtedness mentioned in
subsections “a” and “b” of section one hundred and twenty-seven of
the Constitution of Virginia.

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

Section 51. Refunding bonds.—The council shall have the authority
to issue bonds for the purpose of refunding, so far as necessary, any
bonds of the city at maturity, but no such refunding bonds shall be
issued for a greater period than thirty years. Such refunding bonds
shall be sold by the council and the proceeds from such sale shall be
used for the purpose of paying the maturing bonds and for no other
purpose. Such refunding bonds to be signed and executed in the same
manner as other bonds.

Section 52. Tax anticipation loans——The council may from time to
time borrow money, in anticipation of the collection of the revenue for
the then current year, and to issue, from time to time, certificates,
bonds, notes or other obligations therefor ; provided, that the certificates,
bonds, notes or other obligations mature within one year from the date
of their issue, and the total issue of said certificates, bonds, notes or
other obligations does not exceed the estimated revenue for such year.

Section 53. Interest.—All bonds or other evidences of debt issued
by the said city, if interest bearing, shall bear interest at a rate not
exceeding six per centum per annum and shall not be sold upon a
basis which will cost the city more than six per centum interest per
annum.

Section 54. Special assessments.—AlI] local or special assessments
shall be made and collected as council shall prescribe by ordinance and
in accordance with law, and such special assessments shall have priority
over all other claims or liens, whether prior or subsequent thereto.

Section 55. Lien for taxes, et cetera——There shall be a prior lien
on all real estate and on each and every interest therein for the city
taxes assessed thereon, from the commencement of the year for which
they were assessed, and also for all local assessments which may be
made thereon according to law. There shall also be a lien on any
land or premises for the amount of expense incurred by said city in
abating any nuisance thereon or cutting or removing weeds or rub-
bish therefrom, after notice to the owner thereof by publication or
otherwise as may be provided by ordinance; provided, however, that
the lien for the amount of any such local assessment or for the expense
of abating any nuisance or cutting or removing weeds and rubbish
from any premises shall not be good against a purchaser of such land
or premises for value without notice except and until from the time that
the same shall be docketed 1n a book or books kept for that purpose
in the office of the city treasurer and indexed in the name of the
person, or persons owing such estate or land at the time the said lien
accrued. The council may require such real estate in the city de-
linquent for the non-payment of taxes, or assessments or expenses in-
curred as above provided, to be sold for said taxes or assessments or
expenses, with interest thereon at the rate of six per centum per
annum, and such percentage as may be prescribed for charges; and
the council may regulate the terms on which the real estate so de-
linquent may be sold or redeemed, provided, such sales shall be made
subject to the prior lien of the Commonwealth for taxes, if any.

Section 56. Levy for taxes——AIl goods and chattels of any person
against whom taxes for the city are assessed may be distrained and
sold for said taxes when due and unpaid in the same manner and to
the same extent that goods and chattels may be distrained and sold
for State taxes.

A tenant by whom payment is made or from whom payment is
obtained, by distress or otherwise, of taxes or levies due the city, by
a person under whom he holds, shall have credit for the same against
such person out of the rents he may owe him, except when the tenant
is bound to pay such taxes and levies by an express contract with such
person. And where taxes or levies are paid to the city by a fiduciary
on any estate in his hands or for which he may be liable, such taxes
and levies shall be refunded out of the said estate.

Section 57. License taxes——(a) License taxes may be imposed by
ordinance on business, trades, professions, and callings and upon the
persons, firms, associations and corporations engaged therein and the
agents thereof, except in cases where taxation by the localities shall be
prohibited by the general law of the State, and nothing herein shall be
construed to repeal, or amend any general law of the State with respect
to taxation.

(b) The council may require every person, firm or corporation
using or operating a cart, wagon, dray, buggy, motorcycle, automobile,
motor truck, or other vehicle, on the streets of the city to secure a
license tag and to pay a tax therefor, whether such vehicle is used
or operated for compensation or not.

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

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

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

(f) In addition to other remedies provided by general law, or pro-
vided by ordinance enacted pursuant to general law, the city shall have
a lien from January first of each tax year prior to any other lien ex-
cept for other taxes, on any and all, vehicles, fixtures, furniture, books
of account and of the accounts therein, and all stock in trade, or
effects, used in, or in connection with, any business for which a license
is required for the amount of such license or licenses, plus fees,
interest, penalties and costs. The council may by ordinance provide
for the enforcement of such lien by levy or otherwise as the council
may determine.

Section 58. School districts—The school district as now established
shall continue until changed by council by ordinance upon recommen-
dation of the school board of the city.

Section 59. School board.—The school trustees now in office shall
continue until the end of the terms for which they were elected, and
council shall elect their successors as prescribed by general law.

Section 60. Powers and duties of the school board.—The school
trustees of said city shall be a body corporate under the name and
style of the school board of the city of Hopewell, and shall have all
of the powers, perform all of the duties and be subject to all of the
limitations now provided, or which may hereafter be provided by law
in regard to school boards of cities of the first class, except that all
real estate, with the buildings and improvements thereon heretofore or
hereafter purchased with money received from the sale of bonds of
said city, appropriated by the council or received from any other source
for the purpose of public education, shall be the property of the said
city of Hopewell, unless such money so received from any source be
received on other conditions. The said school board shall transmit to
the council and to the city auditor a detailed statement of all moneys
received by said board or placed to its credit. No money shall be
expended by said board until the account, claim or demand has been
approved by said school board and a record thereof made in the pro-
ceedings of said board, and said account, claim or demand submitted to
the auditor of the city of Hopewell for audit. After such account,
claim or demand has been audited as above provided, a warrant on the
city treasurer shall be drawn, signed by the chairman of the board and
countersigned by the clerk thereof, payable to the person, or persons
entitled to receive such money, and stating on the face the purpose
or service for which it is to be paid, and that such warrant is drawn
in pursuance of an order entered by the board on the...................-.-..
Eh A 0) Separate accounts shall be kept
by the said board of the moneys appropriated by the council, and
moneys received from other sources, and every such statement shall
show the balance of eaeh class of funds on hand or under control of
said board as of the date thereof.

The said school board shall annually at least ninety days before
the beginning of the next fiscal year prepare and submit to the city
manager for his information in making up the annual budget a de-
tailed estimate of the amount required for the conduct of the public
schools of the city for the ensuing fiscal year, with an estimate of the
amount of all funds which will probably be received by said board
for the purpose of public education from sources other than appro-
priations by the council.

Section 61. Wherever power is conferred upon said city by this
charter to adopt ordinances, rules and/or regulations, and impose and
enforce penalties for offenses committed thereon or for the protection
of any property owned by said city, but situated more than one mile
beyond the corporate limits thereof, the circuit court of the county in
which such property is located shall have exclusive jurisdiction of all
offenses committed in such county against such ordinances, rules and
regulations imposing such penalties, unless otherwise specifically pro-
vided by general law; and jurisdiction of injunction suits for the pro-
tection of any such property shall be as is now, or may hereafter be,
provided by general law.

Section 62. Books, records, et cetera.—All books, records and docu-
ments used by any city officer in his office or pertaining to his duties
shall be deemed the property of said city, and the chief officer in charge
of such office shall be responsible therefor. Any such officer or person
made by this section responsible for the keeping of such books, records
and documents shall, within ten days after the end of his term of
office, or within ten days after the date of his resignation or removal
from office, as the case may be, deliver to the city clerk all such
records and documents. Any such officer or person failing to deliver
such books, records or documents, as required by this section, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall
be fined not less than one hundred dollars nor more than five hundred
dollars, or imprisoned not exceeding six months, or both, in the dis-
cretion of the court or jury before whom the case is tried.

Section 63. Qualification of members of the council and other
officials—The members of the council before entering upon the duties
of their respective offices shall each take the oath prescribed by the

laws of this State for State officers. Such oaths shall be administered
as provided by general law and the certificate thereof shall be filed
with the city clerk and entered upon the journal of the council. Every
other person elected or appointed to any office under this charter or
under any ordinance of the council, except clerks and laborers, shall,
before entering upon the duties of his office, take and subscribe said
oath, together with such other oaths as may be required by ordinance,
before any person authorized to administer an oath, and the certificate
of the same shall be filed in the office of the said clerk. The clerk of
the circuit court of said city shall notify all persons elected by the
people, under this charter, of their election, and the city clerk shall notify
all persons elected by the council of their election. If any person elected
to any office in the said city shall, after receiving notice of election, fail
to take such oaths and give such bonds, with security, as may be re-
quired by law or ordinance, prior to the day on which their term of
office begins, he shall be considered as having declined said office, and
the same shall be deemed vacant, and such vacancy shall be filled
according to the provisions of this charter.

Section 64. Bonds of officers——Except in the case of officers whose
bonds are specially provided for by this charter, the council in fixing
the salary of any officer, clerk or employee of the city, shall determine
whether such officer, clerk or employee shall give bond and the amount
of penalty thereof. All officers required by this charter to give bond,
and all officers and employees and clerks of whom bond is required by
the council shall, before entering upon their respective duties, give
bond with surety to be approved by the council, conditioned for the
faithful performance of the duties of their respective offices, which
bond, unless otherwise specifically provided by this charter or by
general law, shall be payable to the said city, and in such penalty as the
council may by ordinance prescribe. The council shall accept as surety
on any such official bond a good, solvent, surety, or fidelity company
authorized to do business in this State, and may provide by proper
ordinance that bonds other than corporate surety may be accepted in
which event the council may increase the penalty thereof to such sum
as it may deem necessary and as provided in such ordinance. The
council may provide that the premium on any such bond shall be paid
by the city. ‘The sureties on the bond of any such officer shall be equally
liable for the acts of any deputy or deputies of such officer.as for
those of such officer himself. Unless otherwise specifically provided in
this charter, all such bonds shall be filed with and preserved by the
city clerk. The parties to bonds taken in pursuance of this section
shall be subject to the same proceedings on said bonds for enforcing
the conditions and terms thereof, by motion or otherwise, before the
circuit court of said city, as are now or may hereafter be provided by
law in the case of collectors of the county levy and the sureties on
their bonds for enforcing payment of the county levies.
Section 65. Compensation of fee officers—The council may, by
ordinance, conformable to the general law, provide and fix annual
compensation, to be determined by the council, but not in excess of the
compensation provided by general law, for the officers hereinafter
named, which annual compensation shall be in lieu of all salary, fees,
commissions and/or other emoluments of office from all sources, which
would or could accrue to such officers from any source, and thereafter
all such fees, commissions and/or other emoluments of office, which
but for this section would or could accrue to such officers, shall, unless
accruing from said city, be collected and accounted for and paid into
the city treasury by such officers.

In providing and fixing such annual compensation, the council
shall make proper allowance for the payment of deputies, assistants,
clerical and/or stenographic help. In the event of a disagreement be-
tween the officer and the council as to the proper allowance, then and
in that event the same shall be determined by the State Fee Com-
mission or such board or commission having authority in the premises.

The compensation of any of the officers hereinafter named shall
not be diminished during the term for which they are elected, except
pursuant to general law.

This section shall apply to the clerk of the circuit court, the city
sergeant, and the civil and police justice. The annual compensation
of the civil and police justice shall be not less than eighteen hundred
dollars, nor more than thirty-six hundred dollars per year, to be fixed
by the council as hereinabove provided. Such annual compensation
shall be paid in monthly or semi-monthly installments.

Until such annual compensation provisions as mentioned in this
section are made by the council, such officers shall receive such com-
pensation as is provided by this charter, or by general law, and such
monthly salaries as the council may from time to time determine to
be paid in monthly or semi-monthly installments, but not to exceed the
following sums: clerk of the circuit court, one hundred and twenty-
five dollars per month; the city sergeant, fifty dollars per month, and
the civil and police justice, one hundred and fifty dollars per month.

Section 66. General disqualifications—No member of the council,
or any other officer, or agent, or any commissioner appointed for the
opening of streets, or any member of a committee constituted or ap-
pointed for the management, regulation or control of corporate prop-
erty of this city, shall be a contractor with the said city, or its agents,
or with such committee, for any work or labor ordered to be done, or
goods, wares and merchandise, or supplies of any kind, ordered by the
said city, or by such committee, to be purchased, or in any manner,
directly or indirectly, to be interested in the profits of any such con-
tract. Every such contract shall be void, and the officer, agent, or
member of such committee, making such contract, shall forfeit to the
Commonwealth the full amount stipulated for thereby. No officer

of this city, who, alone or with others, is charged with the duty of
auditing, settling or providing by levy or otherwise for the payment
of claims against said city, shall, by contract, directly or indirectly,
become the owner of, or interested in any claims against the city.
Every such contract shall be void, and if any such claim be paid, the
amount, paid with interest, may be recovered back by the city, within
two years after payment, by action or motion in the circuit court of this
city. Provided, however, that the city and its departments may make
purchases from a city councilman on a competitive basis, considering
price and quality.

Section 67. Officers not to serve as election officials—No person,
nor the deputy of any person holding any office or post of profit or
emolument, under the United States government, or holding any elective
office of profit or trust in, or who is an employee of the city of Hope-
well, shall be appointed, or serve as a member of the electoral board,
registrar, judge or clerk of any election to be held in said city.

Section 68. General laws to apply.—All general laws of the State
applicable to municipal corporations now in existence or hereafter
enacted and which are not in conflict with the provisions of this charter
or with ordinances or resolutions hereafter enacted by the council pur-
suant to authority conferred by this charter shall be applicable to the
said city; provided, however, that nothing contained in this charter
shall be construed as limiting the power of the council to enact any
ordinance or resolution not in conflict with the Constitution of the
State or with the express provisions of this charter.

Section 69. Existing ordinances.—All ordinances and resolutions in
force at the time of the taking effect of this charter not inconsistent
with its provisions, shall continue in force until amended or repealed.

Section 70. Continuance of contracts——AlIl contracts entered into
by the city for its benefit prior to the taking effect of this charter shall
continue in full force and effect. All public works begun prior to the
taking effect of this charter shall be continued and completed hereunder.
Public improvements for which legislative steps shall have been taken
under laws in force at the time this charter takes effect may be carried
to completion in accordance with the provisions of such laws.

Section 71. Power to appoint boards or commissions of citizens.—
The council may provide for the appointment of boards or commissions,
including the board of zoning appeals, to be composed of such number
of citizens, regardless of sex, as the council may deem expedient. The
members of all such boards and commissions shall serve without com-
pensation. The council may prescribe the powers and duties of such
boards and commissions consistent with the general law.

Section 72. Working prisoners.—Subject to the general law of the
State regulating the working of those convicted of offenses against the
State, the council shall have the power to provide by ordinance for the
employment or the working, either within or without the city limits,
or within or without any city prison or jail, of all persons sentenced to
confinement in said prison or jail for the violation of the laws of the
State of Virginia or the ordinances of the city of Hopewell.

Section 73. Pension funds.—The council of said city shall have
authority to establish a fund or funds for the relief or pensions of
persons on the service of said city; to receive gifts, devises and
bequests of money or property for the benefit of such fund or funds:
to make contributions of public moneys thereto on such terms and
conditions as it may see fit; and to make rules and regulations for the
management, investment and administration of such fund or funds.

Section 74. Corporation court and the office of judge and the office
of clerk thereof abolished.—First. All jurisdiction heretofore vested in
the corporation court of the city of Hopewell is hereby vested in the
circuit court of said city and all causes, actions and proceedings pend-
ing in the said corporation court of said city are hereby transferred
to the circuit court of said city and shall be proceeded with in the said
circuit court as if they had been originally instituted therein. All
records of the corporation court of the city of Hopewell shall be trans-
ferred to and become a part of the records of said circuit court of
said city and the said corporation court of the city of Hopewell is hereby
abolished.

Second. The office of judge of said corporation court of the city
of Hopewell is hereby abolished and the term and tenure of office of
the said judge is hereby ended, determined and terminated.

Third. The office of the clerk of the corporation court of the city
of Hopewell 1s hereby abolished. The clerk of the said court shall
continue in office under the designation as clerk of the circuit court of
the city of Hopewell to all intents and purposes as if he had been
regularly elected as clerk of the said circuit court of the city of Hope-
well.

Section 75. Circuit court—The circuit court for the said city as
established by section six of chapter sixty-five of the Acts of General
Assembly approved on February twenty-sixth, nineteen hundred and
sixteen, shall continue to be and shall be known as the circuit court of
the city of Hopewell, which shall be held and presided over by the
judge of the third judicial circuit. The court, or the judge thereof
shall have the same jurisdiction, duties and powers in all respects
within the corporate limits of the said city that the circuit courts of
cities of the first class in this Commonwealth have within their re-
spective cities, and such jurisdiction, duties and powers as are con-
ferred on said court by general law and by this charter. The terms
of the said circuit court shall be not less than four in each year, to be
begun and held as now fixed by law and until the same shall have
been changed as provided by law. The terms of the said circuit court
shall continue to be held in the municipal building, and in the room
provided by the council for such purposes. The said city shall pay to
the judge of the circuit court of the city of Hopewell a salary of not
less than five hundred dollars nor more than fifteen hundred dollars

per year, to be fixed by the council, in addition to its pro rata part of
the regular salary of said judge as fixed by general law.

Section 76. Additional jurisdiction, powers, duties, et cetera, of
the circuit court.—The circuit court of the city of Hopewell shall have
jurisdiction to hear and determine civil motions and causes of law and
equity arising within the said city. The said circuit court shall have and
exercise criminal jurisdiction over all offenses committed within the
said city and concurrent jurisdiction with the circuit courts of the
adjoining counties of offenses committed within one mile of the
corporate limits of said city. The jurisdiction over criminal offenses
committed within the corporate limits of the city shall be exclusive of
all other courts of original jurisdiction, except misdemeanors, which
shall be tried before the civil and police justice of the said city subject
to the right of appeal to the said circuit court as provided by law. The
said circuit court shall have exclusive, original jurisdiction over all
matters of probate and administration arising within the corporate
limits of said city, and the judge thereof in vacation, may act upon
such matters, or any matters, where authorized under general law. The
said court, and the judge thereof, shall have, possess and exercise the
same jurisdiction, powers and duties over all matters generally as are,
by statute and general law, vested in, conferred and imposed upon,
corporation courts and judges thereof in cities of the first class. The
said circuit court, or the judge thereof in vacation, shall have and exer-
cise general control over rooms now in use in the municipal building of
said city by such court and the clerk’s office thereof, together with such
additional rooms as may be assigned or set apart for the said court and
the clerk’s office thereof by resolution of the city council, and no other.

Section 77. Clerk of the circuit court, powers, duties, et cetera.—
The clerk of the circuit court of said city shall have and possess all
and singular the authority, powers and privileges, and be subject to
the limitations, and shall discharge all and singular the duties pro-
vided by law for clerks of circuit courts in cities of the first class in
this Commonwealth in which both circuit and corporation courts are
established.

Section 78. Additional powers and duties of the clerk of the cir-
cuit court—The clerk of the circuit court shall have and possess all
the authority, powers and privileges and shall be subject to the limi-
tations, and shall discharge all and singular the duties, usually de-
volving upon and provided by law for clerks of corporation courts in
cities of the first class in this Commonwealth where such courts are
established.

Section 79. Partial invalidity—If any clause, sentence, paragraph
or part of this act shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect.
impair or invalidate the remainder of said act, but shall be confined ir
its operations to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which such judgment shall have beer
rendered.
Section 80. Citation of act—This act may for all purposes be re.
ferred to or cited as the Hopewell charter of nineteen hundred anc
thirty-four.

Section 81. Repealing clause—AIl acts and parts of acts in con.
flict with this "charter are hereby repealed insofar as they affect the
provisions of this charter; and former charters for the said city, anc
amendments thereto, are hereby repealed.

Section 82. When a charter takes effect—An emergency is hereby
declared to exist, and this act shall be in force and effect from its
passage.