Chap. 181.—An ACT to authorize the Board of Visitors of Virginia Polytechnic
Institute to convey certain lands to the city of Winchester. [H 357]

Approved March 10, 1948

Be it enacted by the General Assembly of Virginia:

1. The Board of Visitors of the Virginia Polytechnic Institute,
with the approval of the Governor in writing first obtained, is
authorized to convey to the city of Winchester a certain tract or
parcel of land twenty feet in width and extending along Strother
Lane three hundred sixty-six feet more or less. Such conveyance
shall be upon such terms as the Board deems proper.

2. An emergency exists and this act is in force from its passage.

Chap. 182—An ACT to amend Chapter 64, as amended, of the Acts of Assembly
of 1922, approved February 25, 1922, which provided a new charter for the
city of Suffolk by adding four new sections numbered 2-al, 2-b, 2-q and 2-y
relating to power of council as to taxation generally, consumer or subscriber
taxes, regulation of buildings and general powers, to validate certain acts and
to repeal certain acts and parts of acts. {(H 512]

Approved March 10, 1948

Be it enacted by the General Assembly of Virginia:

1. That chapter sixty-four, as amended, of the Acts of Assem-
bly of nineteen hundred twenty-two, approved February twenty-
five, nineteen hundred twenty-two, be amended by adding thereto
four new sections numbered two-a one, two-b, two-q, and two-y
as follows:

Section 2-a 1. The council shall have power to raise annually
by taxes and assessments in said city such sums of money as the
council hereinafter provided for shall deem necessary for the pur-
poses of the city, in such manner, on such subjects and transac-
tions, and from such sources as said council shall deem expedient,
in accordance with the Constitution and laws of this State and of
the United States and the provisions of this charter, and without
limitation as to subject or rate except such as may be provided
thereby; provided, however, that it shall impose no tax on the
bonds of the city.

Section 2-b. In addition to the other powers conferred by law,
the said city shall have the power to impose, levy and collect, in
such manner as its council shall deem expedient, a consumer or
subscriber tax upon the amount paid for the use of water, elec-
tricity, gas, telephone, and any other public utility within the city,
or upon the amount paid for any one or more of such public utility
services, and the council may provide that such tax shall be added
to and collected with bills rendered consumers for such services.

Section 2-q. The council shall have power to extinguish and
prevent fires and to compel citizens to render assistance to the fire
department in case of need, and to establish, regulate and control
a fire department or division; to regulate the size, materials, con-
struction, maintenance and repair of buildings, fences and other
structures, hereafter erected, in such manner as the public safety
and convenience may require; to regulate the plumbing, electrical,
heating, elevator, escalator, boiler, unfired pressure vessel, and air
conditioning installations in such buildings and other structures,
for the purpose of preventing fire and other dangers to life and
health; to regulate the business of installing, erecting or repairing
electrical wiring, fixtures or electrical apparatus for heat, light and
power, for the purpose of preventing fire and other dangers to life,
health and safety; to remove, or require to be removed, any build-
ing, structure or addition thereto which, by reason of dilapidation,
defect of structure, or other cause, may become dangerous to life
or property, or which may be erected contrary to law; to establish
and designate, from time to time, fire limits, within which wooden
buildings shall not be constructed, removed, added to or enlarged,
and to direct that any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick,
iron, or other fireproof material.

Section 2-y. The council shall have power to do all things
whatsoever necessary or expedient for promoting or maintaining
the general welfare, comfort, safety, education, morals, peace,
government and health of the city or its inhabitants.

2. Any consumer or subscriber tax heretofore levied, imposed
or collected under an ordinance of the city of Suffolk which became
effective July one, nineteen hundred forty-seven, and all acts done
pursuant thereto are hereby validated and confirmed.

3. All provisions of this charter in conflict herewith are
repealed to the extent of such conflict.

4. An emergency exists and this act is in force from its passage.
Cmap. 183—An ACT to amend Chapter 64, Acts of Assembly of 1922, approved
February 25, 1922, as amended, which provided a new charter for the city
of Suffolk by adding a new section numbered 2-c, to empower the city of
Suffolk to acquire title to property or any interest or estate therein by con-
demnation proceedings upon the deposit in the court having jurisdiction, in
a lump sum, the total funds necessary to compensate owners thereof for such
property to be acquired or damaged. (H 513]

Approved March 10, 1948

Be it enacted by the General Assembly of Virginia:

1. That chapter sixty-four, Acts of Assembly of nineteen hun-
dred twenty-two, approved February twenty-five, nineteen hundred
twenty-two, as amended, be amended by adding thereto a new
section numbered two-c as follows:

Section 2-c. In addition to the other powers conferred by law,
the city may, in exercising the right of eminent domain, make use
of the procedure prescribed by the general law or may elect to
proceed as hereinafter provided. In the latter event the ordinance
directing acquisition of any property shall provide therein in a
lump sum the total funds necessary to compensate the owners
thereof for the property to be acquired or damaged. Upon the
adoption of such ordinance the city may file a petition in the clerk’s
office of a court having jurisdiction, which shall be signed by the
city manager and set forth the interest or estate to be taken in the
property and the uses and purposes for which the property or the
interest or estate therein is wanted; or when property is not to be
taken but is likely to be damaged, the necessity for the work or
improvement which will cause or is likely to cause such damage.
There shall also be filed with the petition a plat of a survey of the
property with a profile showing cuts and fills, trestles and bridges,
if any, and a description of the property which, or an interest or
estate in which, is sought to be taken or likely to be damaged and
a memorandum showing names and residences of the owners and
tenants of the property, if known, and showing also the quantity of
property which, or an interest or estate in which, is sought to be
taken or which will be or is likely to be damaged. There shall be
filed also with the petition a notice thereof directed to the owners
and tenants of the property, if known, copies of which shall be
served on such owners as well as on the tenants of such property,
if known. If any such person be unknown or a nonresident of the
State or cannot with reasonable diligence be found in the State, or
if his residence be unknown, he may be proceeded against by order
of publication published once a week for two successive weeks in
a daily newspaper published or having general circulation in the
city of Suffolk, and shall be posted at a main entrance to the
courthouse.

Upon the filing of the petition and the funds provided by the
council for the purpose having been duly deposited to the credit of
court, if the court is of the opinion that the property or interest
or estate therein to be acquired is for the uses and purposes of the
city as provided by law, it shall order that the interest or estate of
the owner of such property shall terminate and the title to such
property or the interest or estate to be taken in such property shall
be vested absolutely in the city and such owner shall have such
interest or estate in the funds so deposited as he had in the property
taken or damaged and all liens by deed of trust, judgment or other-
wise upon said property or estate shall be transferred to such funds
and the city shall have the right to enter upon and take possession
of such property for its uses and purposes and to construct its
works or improvements. The clerk of the court in which such pro-
ceeding is instituted shall make and certify a copy of the order
and deliver or transmit the same to the clerk of the court in which
deeds are admitted to record, and where such land is located partly
within and partly without the city a copy of such order shall be
sent to the clerk of the court without the city in whose office deeds
are admitted to record, who shall record the same in his deed book
and index it in the name of the record title owner of such property
and in the name of the city, for which he shall receive the fees
prescribed for recording a deed, which shall be paid by the city.

If the city and the owner of property so taken or damaged agree
upon compensation therefor, upon filing such agreement in writing
in the clerk’s office of such court the court or judge thereof in
vacation shall make such distribution of such funds as to it may
seem right, having due regard to the interest of all persons therein
whether such interest be vested, contingent or otherwise, and to
enable the court or judge to make a proper distribution of such
money it may in its discretion direct inquiries to be taken by a
special commissioner in order to ascertain what persons are entitled
to such funds and in what proportions and may direct what notice
shall be given of the making of such inquiries by such special
commissioner.

If the city and the owner cannot agree upon the compensation
for the property taken or damaged, if any, upon the filing of a
memorandum in the clerk’s office of said court to that effect, signed
by either the city or the owner, the court shall appoint commis-
sioners provided for in section forty-three hundred sixty-six of the
Code of Virginia, and all proceedings thereafter shall be had as
provided in section forty-three hundred sixty-six through forty-
three hundred eighty-one of the Code of Virginia in so far as they
are then applicable and not inconsistent with the provisions of this
section, and the court shall order the deposit in bank to the credit
of the court of such additional funds as appear to be necessary to
cover the award of the commissioners or shall order the return to
the city of such funds deposited that are not necessary to compen-
sate such owners for property taken or damaged. The commission-
ers so appointed shall not consider improvements placed upon the
property by the city subsequent to its taking nor the value thereof
nor the enhancement of the value of the property by such improve-
ments in making their award.

Provided, that the provisions of section thirty-eight hundred
thirty-two of the Code of Virginia, as now or hereafter in effect,
shall apply to any property belonging to any corporation possessing
the power of eminent domain that may be taken hereunder.

2. An emergency exists and this act is in force from its passage.