An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.

Volume 1968 Law 99

Volume	1952
Law Number	216
Subjects	Municipal charters Property Taxation Public officers Public expenditures Pensions Healthcare Education Law Enforcement Amendments Judicial Public spaces Slavery Utilities Recreation Children -- Institutional care Cemeteries Debt Budget

CHAPTER 216

An Act to provide a new charter for the city of Roanoke; and to repeal
Chap 478 of the Acts of Assembly of 1924, approved March 22,
1924, which provided a new charter for said city, and all amendments
thereof.

[S 341]

Approved March 7, 1952

Be it enacted by the General Assembly of Virginia:
1. § 1. The city and its boundaries.

The inhabitants of the territory comprised within the present limits
of the city of Roanoke, 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 Roanoke,
and as such shall have and may exercise all powers which are now, or
hereafter may be, conferred upon, or delegated to, cities under the Consti-
tution and laws of the Commonwealth of Virginia, as fully and completely
as though said powers were specifically enumerated herein, and nec
enumeration of particular powers by this charter shall be held to be ex-
clusive; and the said city of Roanoke as such shal] have perpetual suc-
cession, 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
the present boundaries of the said city being as follows, to wit:

Beginning at a point in the east line of Cornwallis Avenue, S. E., ex-
tended said point being in the present corporation line as established in the
annexation order dated December 16, 1915, (which is recorded in the
Clerk’s Office of the Hustings Court for Roanoke City in Deed Book 280,
page 439); thence with said corporation line S. 75°-30’-W. 2819.2 feet
to an iron rail monument, corner to the Prospect Hills subdivision ; thence
with the lines of same S. 57°-46’-W. 641.91 feet to a stone monument;
thence S. 57°-10’-W. 1834.23 feet to an iron rail monument; thence
N. 23°-36’-W. 1475.36 feet to a point; thence N. 27°-02’-W. 466.69 feet
toa point; thence N. 72°-13’-W. 355.58 feet to a point; thence N. 15°-46’-W.
328.59 feet to a point; thence N. 22°-13’-W. 732.0 feet to a point on the
north line of U. S. Highway Route No. 220; thence with the north
line of same N. 60°-14’-E. 456.2 feet to a point in the line of the Acsal
Company property (formerly Clay); thence N. 45°-00’-W. 2275.0 feet
to a point in the center line of the Norfolk and Western Railway Company,
Winston-Salem Division; thence with same 8. 14°-15’-W. 10.0 feet to
a point; thence with the west lines of the city of Roanoke Almshouse
Farm N. 46°-42’7-W. 1028.8 feet to a point; thence N. 28°-46’-W. 265.2
feet to a point on the north line of Virginia Department of Highways
Route No. 613 (sometimes called the Bent Mountain Road) ; thence with
the north line of same the following courses and distances: S. 64°-39’-W.
640.3 feet to a point; S. 53°-54’-W. 289.5 feet to a point; S. 32°-59’-W.
234.2 feet to a point; S. 54°-36-W. 337.3 feet to a point; S. 52°-58’-W.
712.2 feet to a point; S. 74°-58’-W. 418.7 feet to a point; S. 39°-45’-W.
264.8 feet to a point; S. 82°-18’-W. 167.4 feet to a point; N. 86°-55’-W.
367.2 feet to a point; S. 80°-10’-W. 386.0 feet to a point; S. 59°-35’-W.
227.0 feet to a point; S. 45°-04’-W. 128.1 feet to a point; S. 32°-15’-W.
237.0 feet to a point; S. 33°-45’-W. 647.1 feet to a point; thence leaving
Virginia Department of Highways Route No. 613, and with the southwest
line of the city of Roanoke property N. 53°-05’-W. 1300.11 feet to a point;
thence N. 31°-22’-E. 953.0 feet to a point on the Corbieshaw line; thence
with lines of same S. 75°-08’-W. 1100.2 feet to an iron pipe; thence N.
32°-52’-W. crossing U. S. Highway Route No. 221, 224.2 feet to a point
on the north line of old Sweetbrier Avenue (now Brambleton Avenue) ;
thence with north line of same N. 40°-15’-E. 85.0 feet to a point; thence
N. 36°-48’-W. 364.1 feet to a point; thence N. 60°-57’-E. 137.7 feet to a
point on the outside boundary line of the Greenland Hills subdivision;
thence with the lines of same N. 33°-05’-W. 303.8 feet to a point; S.
54°-41’-W. 266.65 feet to a point in an old road; thence S. 89°-05’-W.
189.1 feet to a point; thence N. 80°-05’-W. 183.5 feet to a point; thence
N. 31°-47’-E. 278.7 feet to a point; thence N. 36°-43’-W. 341.5 feet to a
point, corner to the Col. James P. Woods lands; thence with the lines
of same N. 36°-30’-W. 573.37 feet to an angle point; thence through the
Col. James P. Woods property N. 83°-51’-E. 1521.8 feet, more or less,
to a spring at the head of a branch; thence continuing through the Woods
property, and with the meanders of the branch the following courses
and distances: N. 19°-05’-W. 219.9 feet; N. 46°-05’-W. 210.0 feet;
N. 35°-40’-W. 67.3 feet; N. 15°-15’-E. 88.5 feet; N. 58°-52’-W. 153.9 feet;
N. 21°-03’7-W. 56.0 feet; N. 40°-15’-W. 101.5 feet; N. 64°-35’-W. 124.3 feet;
N. 50°-23’-W. 38.4 feet; N. 18°-30’-W. 186.7 feet; N. 74°-20’-W. 272.5 feet;
N. 80°-36’-W. 108.6 feet; N. 57°-56’-W. 87.4 feet; N. 19°-39’-W. 243.0 feet;
N. 46°-52’-E. 32.4 feet; N. 45°-24’-W. 75.8 feet to a point in the north
line of the Woods property; thence with the same leaving the branch
N. 39°-11’-E. 120.92 feet to a point; thence N. 34°-49’-W. 197.6 feet to
a point on the old Crawford line; thence with the same N. 52°-01’-B.
198.4 feet to a point; thence leaving same N. 54°-08’-W. 332.0 feet to a
point in Mud Lick Creek, near the center of an old bridge abutment;
thence with the center of Mud Lick Creek to Roanoke River (with the
same as it meanders) the following courses and distances: N. 15°-54’-W.
306.5 feet to a point on the north line of Virginia Secondary Route No. 682
(sometimes called the Garst Mill Road) and N. 11°-43’-W. 94.0 feet;
N. 35°-56’-W. 103.8 feet; N. 2°-00’-W. 105.3 feet; N. 16°-10’-W. 112.0 feet;
S. 82°-39’-W. 59.5 feet; N. 40°-17’-W. 104.0 feet; N. 59°-49’-W. 85.0 feet;
S. 65°-09’-W. 298.0 feet; S. 49°-00’-W. 92.0 feet; N. 35°-47’-W. 118.2 feet;
N. 9°-26’-W. 103.0 feet; N. 36°-50’-W. 82.0 feet; N. 4°-00’-E. 46.0 feet;
N. 41°-00’-E. 278.0 feet; N. 7°-04-E. 88.0 feet; N. 23°-25’-W. 178.5 feet;
N. 38°-18’-W. 145.5 feet; N. 0°-05’-E. 149.4 feet to a point in the. line
between the Jack Garst Estate lands, and the lands of the Persinger
Heirs; thence still with the center of Mud Lick Creek, and with the
western boundary lines of the John A. Persinger Heirs property the
following courses and distances: N. 1°-53’-W. 130.0 feet; N. 25°-00’-W.
217.0 feet; N. 16°-04’-W. 216.0 feet; N. 9°-20’-E. 98.9 feet; N. 19°-38’-W.
95.0 feet; N. 42°-45’-W. 100.0 feet; N. 49°-23’-E. 30.0 feet; N. 86°-42’-E.
61.0 feet; S. 65°-00’-E. 128.0 feet; S. 50°-45’-E. 221.7 feet; N. 68°-00’-E,
162.0 feet; S. 75°-40’-E. 201.0 feet; N. 82°-07’-E, 125.0 feet; N. 49°-53’-E.
36.0 feet; N. 10°-12’-W. 71.0 feet; N. 73°-10’-W. 71.0 feet; N. 85°-35’-W.
114.5 feet; N. 51°-40’-W. 67.0 feet; N. 25°-55’-W. 96.0 feet; N. 31°-25’-W.
161.0 feet; N. 11°-40’-E. 272.7 feet; N. 5°-53’-E. 206.0 feet; N. 15°-067-W.
177.4 feet; N. 25°-56’-W. 101.2 feet; N. 20°-00’-W. 197.0 feet; N. 0°-47’-E.
54.5 feet; N. 18°-07’-E. 137.0 feet to a point on the south line of U. S.
Route No. 11 (sometimes called the Lee Highway) ; thence N. 30°-09’-E.,
crossing the Highway, 80.0 feet to a point on the north line of same;
thence still with the center of Mud Lick Creek, and the western boundary
lines of the Persinger Heirs lands, the following courses and distances,
1.e.: N. 78°-04’-E. 75.0 feet; N. 55°-30’-E. 124.0 feet; N. 59°-31’-E. 339.7
feet; N. 46°-14’-E. 190.0 feet; N. 17°-40’-E. 47.0 feet; N. 11°-10’-W.
255.0 feet; N. 9°-16’-E. 142.5 feet; N. 65°-23’-E. 151.6 feet; N. 32°-02’-E.
76.0 feet; N. 33°-15’7-W. 131.0 feet; N. 8°-05’-W. 47.5 feet to a point in
the south line of the Virginian Railway Company right-of-way; thence
N. 8°-24’-W. 186.7 feet to a point; thence N. 27°-05’-E. 162.0 feet to a
point of intersection of the center of Mud Lick Creek and the south bank
of Roanoke River; thence N. 8°-50’-E., crossing Roanoke River, 115.0 feet
to a point on the north bank of same; thence with the north and west
banks of Roanoke River the following courses and distances, i.e.:
S. 81°-10’-E. 82.5 feet; N. 44°-57’-E. 640.0 feet; N. 35°-22’-E. 360.0 feet;
N. 35°-59’-E. 245.0 feet; N. 32°-06’-E. 462.0 feet; N. 28°-00’-E. 285.0 feet;
N. 15°-06’-E. 248.0 feet; N. 21°-00’-E. 132.0 feet; N. 17°-48’-E. 260.0 feet;
N. 29°-43’-E. 220.0 feet; N. 11°-43’-E. 300.0 feet; thence S. 59°-00’-E.
115.0 feet, more or less, to a point on the west bank of Roanoke River
(corner to Parcel 1-A in the annexation proceedings of January 1, 1943) ;
thence with same N. 22°-49’-E. 950.53 feet to a point in the corporation
line of January 31, 1890, said point being also corner to Parcel 2 in the
1943 annexation order above; thence with the said corporation line the
following courses and distances: N. 25°-17’-E., crossing the Norfolk
and Western Railway Company West End Yards, 1040.0 feet, more or less,
to a corner of the reservoir tract; thence N. 31°-08’-W. 566.9 feet to a
point; thence S. 73°-09’-W. 159.5 feet, corner to Parcel No. 1 of the
annexation proceedings of January 1, 1949; thence with lines of the
Norfolk and Western Railway Company S. 73°-09-W. 4382.1 feet;
S. 19°-09’-W. 849.5 feet; S. 69°-06’-W. 997.0 feet and S. 26°-01’-W. 332.0
feet to a point in the center of Peters Creek; thence up the center of Peters
Creek the following courses and distances, i.e.: S. 56°-50’-W. 124.0 feet;
N. 75°-25’-W. 215.7 feet; N. 28°-10’-W. 118.5 feet; N. 88°-55’7-W. 164.0
feet; N. 59°-23’-W. 95.0 feet; N. 80°-58’-W. 109.0 feet; S. 39°-32’-W. 174.5
feet; S. 78°-50’-W. 79.0 feet; S. 54°-40’-W. 85.0 feet; N. 73°-02’-W. 310.0
feet; N. 14°-33’-W. 116.5 feet; N. 80°-55’-W. 154.0 feet; N. 57°-02’-W.
128.0 feet; N. 34°-40/-W. 86.0 feet; N. 8°-50’-W. 245.5 feet; N. 26°-24’-E.
122.0 feet; N. 45°-15’-W. 87.0 feet; N. 17°-12’-W. 59.0 feet; N. 24°-12’-E.
122.0 feet; N. 1°-44’-W. 84.0 feet; N. 62°-37’-W. 134.5 feet; N. 43°-30’-W.
252.7 feet; N. 26°-00’-W. 104.5 feet; N. 4°-52’-E. 191.0 feet; N. 0°-40’-W.
148.5 feet; N. 32°-51’-E. 179.3 feet; thence N. 5°-55’-W., crossing Virginia
Secondary Route No. 1432 (Shenandoah Avenue, N. W.) 73.0 feet; thence
continuing up the center of Peters Creek the following courses and dis-
tances, i.e.: N. 15°-53’-E. 55.9 feet; N. 24°-07’-W. 100.2 feet; N. 48°-00’-W.
158.0 feet; N. 71°-40’-W. 94.5 feet; S. 84°-43’-W. 119.0 feet; N. 88°-54’-W.
105.0 feet; N. 78°-27’-W. 127.0 feet; N. 75°-37’-W. 1538.5 feet; N.
60°-15’-W. 137.6 feet; N. 16°-30’-W. 94.4 feet; N. 34°-35’-W. 229.7 feet;
N. 24°-04’-W. 490.8 feet; N. 37°-30’7-W. 184.0 feet; N. 23°-00’-W. 196.9
feet; N. 2°-05’-W. 200.7 feet; N. 9°-05’-W. 99.0 feet; N. 9°-04’-E. 235.2
feet; N. 44°-45’-E. 224.4 feet; N. 71°-19’-E. 171.9 feet; N. 24°-48’-E. 107.6
feet; N. 12°-05’-W. 224.2 feet; N. 32°-30’-W. 145.3 feet; N. 33°-00’-E.
171.3 feet; N. 60°-35’-E. 216.3 feet; and N. 30°-34’-E. 120.5 feet to a
point in Virginia Secondary Route No. 1431 (Salem Turnpike, N. W.) ;
thence still with the center of Peters Creek N. 59°-08’-E. 346.0 feet; S.
63°-10’-E. 163.5 feet; N. 77°-50’-E. 72.0 feet; S. 39°-00’-E. 68.0 feet;
N. 89°-18’-E. 65.0 feet; N. 66°-25’-E. 231.6 feet; N. 17°-25’-E. 92.0 feet;
N. 46°-25’-W. 179.0 feet; N. 20°-40’-E. 84.0 feet; N. 23°-00’-W. 229.0 feet;
N. 0°-48’-W. 150.0 feet; N. 43°-45’-W. 83.0 feet; N. 6°-00’-E. 89.0 feet;
N. 42°-48’-W. 308.0 feet; N. 3°-37’-E. 84.0 feet; N. 9°-16’7-W. 110.0 feet;
N. 4°-53’-E. 274.8 feet; N. 25°-30’-W. 123.5 feet; N. 22°-53’-E. 113.0 feet;
N. 40°-58’-W. 137.0 feet ; S. 82°-05’-W. 214.5 feet; N. 26°-11’-W. 165.0 feet;
N. 10°-24’-W. 91.0 feet; N. 24°-40’-W. 186.4 feet; N. 6°-18’-W. 79.0 feet;
N. 5°-21’-E. 373.0 feet; N. 3°-55’-W. 180.0 feet; N. 25°-18’-E. 102.0 feet;
N. 10°-38’-E., crossing U. S. Route No. 460 (Melrose Avenue) 138.5 feet
to a point on the north line of same; thence with said north line, leaving
Peters Creek, N. 74°-48’-W. 1382.3 feet; N. 69°-34’-W. 100.0 feet; and
N. 56°-25’-W. 93.6 feet to a point on the east line of Virginia Route No.
117; thence with same N. 72°-06’-E. 97.9 feet; N. 49°-11’-E. 106.1 feet;
N. 31°-06’-E. 104.9 feet; N. 21°-01’-E. 102.0 feet and N. 19°-14’-E. 93.3
feet to a point in the center of Peters Creek; thence up the center of
Peters Creek N. 78°-47’-W., crossing Virginia Route No. 117, 290.7 feet
to a point; thence continuing up the creek the following courses and dis-
tances, i.e.: N. 26°-00’-W. 81.5 feet; N. 8°-46’-E. 93.0 feet; N. 17°-43’-W.
160.7 feet; N. 0°-51’-W. 71.0 feet; N. 27°-20’-E. 83.5 feet; N. 19°-20’-W.
76.3 feet; N. 1°-32’-E. 77.0 feet; N. 11°-06’-E. 131.0 feet; N. 7°-18’-W.
63.0 feet; N. 24°-27’-E. 74.0 feet; N. 47°-31’-E. 86.0 feet; N. 15°-43’-W.
85.7 feet; N. 20°-13’-E. 120.0 feet; N. 17°-12’-W. 72.0 feet; N. 77°-53’-W.
108.0 feet; N. 24°-05’-W. 111.3 feet; N. 21°-25’-E. 66.5 feet; N. 69°-23’-E.
171.0 feet; N. 17°-40’-E. 52.3 feet; N. 3°-02’-E. 58.0 feet; N. 33°-47’-E.
63.0 feet; and N. 30°-55/-W. 155.0 feet to the south line of the Bowers
Road; thence with same N. 70°-37’-E. 354.5 feet to a point on the west
line of Virginia Route No. 117; thence with same S. 6°-52’-W. 74.1 feet
to a point; thence crossing Virginia Route No. 117, and with the south
line of Virginia Secondary Route No. 625 (Hershberger Road) the follow-
ing courses and distances, i.e.: N. 85°-59’-E. 150.9 feet; S. 87°-59’-E.
74.2 feet; S. 87°-35’-E. 1000.0 feet; S. 82°-07’-E. 171.0 feet; S. 77°-45’-E.
68.5 feet; S. 75°-38’-E. 98.7 feet; S. 68°-08’-E. 98.4 feet; S. 63°-17’-E.
99.1 feet; S. 61°-33’-E. 579.9 feet; S. 63°-40’-E. 101.9 feet; S. 75°-46’-E.
103.2 feet; S. 88°-36’-E. 102.0 feet: N. 89°-00’-E. 494.4 feet; S. 8°-00’-W.
170.2 feet; S. 73°-08’-E. 75.8 feet; N. 20°-47’-E. 202.6 feet to a point in
the south line of Virginia Secondary Route No. 625 (Hershberger Road) ;
thence with the south line of same S. 89°-09’-E., crossing Virginia Second-
ary Route No. 1407 (West Side Boulevard) 31.9 feet; N. 87°-15’-E. 822.1
feet; N. 85°-34’-E. 150.5 feet; N. 83°-26’-E. 150.7 feet; N. 79°-56’-E.
295.9 feet; N. 80°-53’-E. 259.3 feet; N. 82°-03’-E. 975.7 feet; N. 80°-40’-E.
100.5 feet; N. 78°-30’-E. 150.8 feet; N. 74°-52’-E. 150.9 feet; N. 71°-28’-E.
271.9 feet; N. 73°-53’-E. 98.8 feet; N. 80°-14’-E. 341.5 feet; N. 86°-26’-E.,
crossing Virginia Route No. 116 (Cove Road) 112.8 feet; thence con-
tinuing with the south line of Hershberger Road N. 76°-22’-E. 329.8 feet ;
N. 74°-15’-E. 100.7 feet; N. 71°-22’-E. 100.8 feet; N. 67°-56’-E. 100.9 feet;
N. 64°-17’-E. 356.7 feet; N. 61°-55’-E. 102.0 feet; N. 49°-08’-E., crossing
a branch, 102.6 feet; N. 42°-08’-E. 671.0 feet; N. 40°-57’-E. 100.5 feet;
N. 38°-31’-E. 101.2 feet; N. 31°-43’-E. 101.6 feet; N. 26°-38’-E. 463.6 feet;
N. 36°-52’-E. 72.0 feet; N. 49°-25’-E. 97.0 feet; N. 59°-49’-E. 147.6 feet;
N. 67°-39’-E., crossing Lick Run, 302.0 feet; and N. 67°-35’-E. 368.0 feet
to a point in the center line extended of Virginia Secondary Route No. 626
(Kinsey Road) ; thence continuing with the south line of the Hershberger
Road the following courses and distances, i.e.: N. 61°-47’-E. 102.3 feet;
N. 57°-21’-E. 164.0 feet; N. 56°-52’-E. 669.9 feet; N. 55°-00’-E. 272.0 feet;
N. 51°-10’-E. 1134.35 feet; N. 51°-10’-E. 317.8 feet; N. 55°-00’-E. 126.9
feet; N. 72°-13’-E. 102.5 feet; N. 78°-20’-E. 322.6 feet; N. 77°-44’-E. 348.8
feet; N. 76°-45’-E. 257.8 feet; N. 76°-31’-E. 187.7 feet; N. 74°-27’-E. 126.3
feet; N. 71°-42’-E. 159.6 feet; N. 69°-29’-E. 152.3 feet; N. 70°-13’-E. 711.6
feet; N. 67°-47’-E. 184.2 feet; N. 66°-12’-E., crossing James Street
(Delray Street, N. W.) 288.4 feet; N. 66°-06’-E. 112.9 feet; N. 61°-33/’-E.
136.0 feet and N. 61°-33’-E. 134.35 feet to the intersection of the south
line of Hershberger Road with the east line of Virginia Route No. 118
(Airport Road) ; thence with the east line of Virginia Route No. 118 N.
37°-01’-W. 933.4 feet, and N. 39°-48’-W. 830.8 feet; thence leaving Virginia
Route No. 118, N. 50°-82’-E. 505.3 feet to a point, corner to the Airlee
Court Annex subdivision; thence with the lines of same, and following the
general north boundary of Sanitary District No. 1, N. 50°-43’-E. 706.6
feet; N. 50°-25’-E., crossing U. S. Route No. 11, 789.6 feet; thence N.
50°-09’-E. 1460.9 feet to a point on the west line of Virginia Secondary
Route No. 623 (Florist Road, N. W.); thence with the west line of
same S. 27°-86/-E. 152.5 feet; S. 28°-16’-E. 277.0 feet; S. 27°-50’-E.
488.4 feet; S. 28°-26’-E. 248.6 feet and S. 27°-57’-E. 1009.45 feet to a
point on the south line of Virginia Secondary Route No. 625 (Hershberger
Road) ; thence with same N. 56°-23’-E. 528.32 feet; N. 61°-49’-E. 98.65
feet; N. 73°-36’-E. 98.86 feet; N. 78°-02’-E. 290.1 feet; N. 75°-46’-E.
418.0 feet; S. 0°-40’-W. 82.0 feet; S. 12°-187-W. 118.0 feet; S. 3°-50’-W.
81.0 feet; S. 57°-56’-W. 61.0 feet; N. 71°-25’-E. 79.0 feet to a point in the
center of Carvin Creek; thence with the center of:same, in an easterly
direction, the following courses and distances: S. 6°-45’-E. 81.0 feet; S.
67°-42’-E. 139.1 feet; N. 56°-21’-E. 280.3 feet; N. 83°-26’-E. 238.5 feet;
S. 67°-46’-E. 485.1 feet; S. 81°-48’-E. 210.5 feet; S. 66°-37’-E. 207.3 feet;
N. 82°-30’-E. 279.8 feet; S. 79°-56’-E. 465.3 feet; S. 70°-42’-E., crossing
Virginia Route No. 115 (Hollins Road) 292.5 feet; S. 87°-18’-E. 236.9
feet; S. 77°-28’-E. 343.8 feet; S. 66°-46’-E. 439.0 feet; and S. 12°-43’-E.
142.3 feet to a point in the center of Tinker Creek at the confluence with
Carvin Creek; thence down Tinker Creek, with ‘the center line thereof,
the following courses and distances, i.e.: S. 22°-26’-W. 91.5 feet; S.
12°-05’-W. 597.2 feet; S. 26°-25’-W. 230.7 feet; S. 46°-11’-W. 221.5 feet;
S. 36°-54’-W. 661.7 feet; S. 28°-42’-W. 222.0 feet; S. 2°-58’-W. 263.0 feet;
S. 18°-12’-E. 303.0 feet; S. 35°-45’-E. 580.5 feet; S. 32°-27’-E. 139.5 feet
to the center of the bridge crossing Tinker Creek into the Palmer Park
subdivision; thence S. 42°-37’-E. 493.0 feet to a point in the center line of
the Norfolk and Western Railway, Shenandoah Valley Division; thence
still with the center of Tinker Creek, as it meanders, the following courses
and distances, i.e.: S. 54°-47’-E. 329.0 feet; N. 80°-04’-E. 108.1 feet;
N. 27°-42’-E., crossing the dam, 280.0 feet; N. 82°-33’-E. 162.0 feet;
S. 76°-15’-E. 237.0 feet; S. 34°-02’-E. 157.0 feet; S. 43°-11’-W. 105.0 feet;
S. 29°-48’-W. 200.0 feet; S. 34°-42’-W. 350.0 feet; S. 26°-06’-W. 300.0 feet;
S. 1°-43’-W. 213.0 feet; S. 49°-14’-E. 493.0 feet; S. 37°-20’-E. 257.0 feet;
and S. 49°-16’-W. 230.0 feet to a point in the center of the bridge connec-
ting Virginia Secondary Route No. 605 (old Fincastle Road) with Virginia
Route No. 115 (Hollins Road); thence still with the center of Tinker
Creek S. 40°-35’-E. 336.1 feet; S. 27°-37’-E. 200.0 feet; S. 38°-32’-E. 665.0
feet; S. 80°-30’-E. 451.8 feet; S. 87°-47’-E. 583.0 feet; S. 66°-25’-E. 232.0
feet; S. 40°-41’-E. 180.0 feet; S. 43°-58’-E. 602.8 feet; S. 27°-01/7-E. 195.0
feet; S. 10°-12’-W. 169.7 feet; S. 50°-43’-W. 297.9 feet; S. 61°-017-W. 284.7
feet; S. 73°-36’-W. 161.7 feet; S. 63°-36’-W. 246.3 feet; S. 37°-32’-W. 213.2
feet; S. 11°-25’-E. 125.8 feet; S. 30°-27’-E., crossing the dam, 466.2 feet;
thence leaving the center of Tinker Creek N. 21°-33’-E. 141.0 feet; thence
with lines parallel to, and 200.0 feet north of Virginia Secondary Route
No. 1572, N. 51°-38’-E. 131.8 feet, and N. 63°-39’-E. 241.1 feet; thence
S. 26°-21’-E. 200.0 feet to a point in the center of Virginia Secondary
Route No. 1572; thence with lines parallel to, and 200.0 feet from the center
line of Virginia Secondary Route No. 1526 (20th Street, N. E.) the follow-
ing courses and distances: S. 1°-41’-E. 177.4 feet; S. 28°-43’-E. 171.5 feet;
S. 23°-57’-E. 120.9 feet; S. 16°-44’-E. 72.9 feet; S. 27°-59’-E. 67.1 feet;
and 8S. 35°-33’-E. 158.3 feet; thence with a line parallel to, and 200.0 feet
ee the center line of Manning Road, the following courses and distances,
: N. 56°-05’-E. 124.4 feet; N. 64°-00'-E. 258.3 feet and N. 65°-35’-E.

41. 6 feet; thence S. 24°-25/-E, 225.0 feet to a point on the south line of
Manning Road, corner to lot 15, Block 1, Kessler Heights Map; thence
S. 17°-27’-E. 164.04 feet to a point; thence N. 72°-83’-E. 759.65 feet to
a point; thence N. 81°-42’-E. 65.13 feet; thence N. 85°-42’-E. 395.13 feet
to a point, corner to lots 5, 6, 22 and 23, Block 1; Kessler Heights Map;
thence 8. 4°-18’-E. 426.6 feet, crossing Kessler Road Extension, to a point
200.0 feet east of Kessler Road (24th Street, N. E.); thence with a
line parallel to, and 200.0 feet from the center line of Kessler Road
(24th Street, N. E.) S. 29°-56’-E. 1493.9 feet, crossing U. S. Route
No. 460, to a point 200.0 feet south of the center line of same,
thence with a line parallel to, and 200.0 feet from the center line
of U. S. Route No. 460, S. 53°-24’-W. 169.0 feet and S. 48°-39’-W.
61.6 feet; thence with a line parallel to, and 200.0 feet from the
center line of Virginia Secondary Route No. 1004 (Vinton Mill
Road), the following courses and distances: S. 38°-37’-E. 545.2 feet;
S. 43°-01’-E 69.4 feet; S. 56°-05’-E. 64.6 feet; S. 63°-15’-E. 208.9 feet;
thence S. 42°-01’-E. 340.2 feet to a point on the south line of Richard
Avenue, corner to lot 18, Block 1, Vineyard Gardens Map; thence S. 29°-50’-
f. 325.01 feet to a point in the north line of Block 14, Idlewild Park Map;
hence N. 60°-10’-E. 2060.5 feet, crossing Mecca Street to a point; thence
§. 33°-20’-E. 582.0 feet to the north line of King Avenue; thence with
ame N. 52°-07’-E. 50.2 feet to a point; thence crossing King Avenue and
vith the east lines of Arbor Street (Atherly Street, N. E.) S. 71°-59’-E.
125.5 feet to an angle point; thence S. 45°-02’-E. 908.2 feet to a point in
he north property line of the Norfolk and Western Railway Company,
Norfolk Division, 70.0 feet from the center line of the eastbound main
rack; thence with said north property line in a westerly direction, the
ollowing courses and distances, i. e.: S. 44°-43’-W. 517.1 feet; S. 45°-047-
NV. 94.6 feet; S. 45°-28’ W. 86.4 feet; S. 46°-20’-W. 210.0 feet; S. 46°-58’-W.
109.0 feet; and N. 88°-29’-E. 45.45 feet to a point on the old north right-
f-way line, 40.0 feet from the center line of the eastbound main track;

aid point being also in the corporate line of the town of Vinton (as
stablished by an Act of the General Assembly, dated March 30, 1936) ;
thence with same S. 46°-58’-W. 127.0 feet to a point; thence along the
southerly and westerly sides of Glade Creek the following courses and
distances, i. e.: S. 79°-15/-W. 435.6 feet; S. 85°-33’-W. 176.9 feet; N.
77°-11’-W. 111.3 feet; N. 53°-47’-W. 283. 25 feet; N. 57°-35’-W. 457.8 feet;

N. 41°-47’-W. 158.8 feet; S. 49°-24’-W. 294.9 feet: S. 24°-12’-W. 204.57
feet; S. 8°-56’-W. 415.8 feet; S. 42°-03’-W. 224.4 feet; and S. 51°-45’-W.
184.7 feet; thence crossing Glade Creek, and with the east line of the
Mechanics Home Addition Map N. 32°-43’-W. 1306.9 feet to a point on the
south line of Moir Street (said point being the northeast corner of lot 13,
Block 3, of the Mechanics Home Addition Map); thence S. 41°-25’-W.
404.0 feet; thence S. 70°-15’-W. 696.5 feet; thence with the north line of
the Midway subdivision S. 69°-12’-W. 758.0 feet; thence S. 76°-00/-W.
1850.0 feet to .a point in the center of Tinker Creek, a point in the corpo-
ration line of the city of Roanoke (as established by an Act of the General
Assembly of Virginia, approved February 3, 1882); thence down the
center of Tinker Creek, the following courses and distances, i. e.: S.
10°-52’-W. 311.2 feet; S. 3°-16’-E. 224.0 feet; S. 21°-30’-E., crossing the
Norfolk an Western Railway Company, Norfolk Division, 200.0 feet;

thence N. 67°-40’-E. 669.0 feet; S. 55°-45’-E. 1069.0 feet; N. 75°-00'-E.
374.0 feet; S. 74°-00’-E. 374.0 feet; S. 61°-30’-E. 75.0 feet; S. 23°-15’-E.
495.0 feet, crossing the confluence with Glade Creek; thence S. 35°-45’-E.
560.0 feet; thence S. 24°-15’-E., crossing Dale Avenue, 270.5 feet; thence
S. 27°-20’-E. 337.0 feet; S. 30°-15’-E. 487.5 feet; thence S. 29°-15’-E.
625.0 feet; thence N. 77°-50’-E. 60.0 feet to a point on the east bank of
Tinker Creek; thence with same S. 0°-10’-E. 744.0 feet to a point in the
corporate line of the town of Vinton; thence S. 0°-10’-E. 36.0 feet to a
point; thence S. 7°-20’-E. 870.0 feet and S. 20°-51’-W. 350.0 feet to a
point at the intersection of the north right-of-way line of the Virginian
Railway and the east side of Tinker Creek, said point being also a corner
to the Corporation line of December 16, 1915; thence crossing the Vir-
ginian Railway Company right-of-way and Roanoke River 8S. 32°-21’-W.
1871.3 feet to a point, corner to Eastover Place subdivision; thence with
the line of same S. 31°-15’-W. 702.0 feet; corner to the Riverdale Farm
Corporation subdivision; thence with the line of same S. 50°-48’-E. 1909.0
feet to a stone monument; thence N. 78°-49’-E. 836.1 feet; thence S.
62°-05’-E. 211.9 feet to an iron pipe, corner to the Riverdale School prop-
erty ; thence crossing Riverdale Road S. 62°-40’-E. 43.6 feet to the south-
west corner of Highland Road; thence along the south line of Highland
Road S. 51°-19’-E. 142.4 feet to a point, corner to lots 16 and 17, Block 13,
Riverdale Map; thence with the line between lots 16 and 17, and lots 4
and 5, Block 13, S. 30°-25’-W. 1088.4 feet to a point on the north line of
Eastland Road (Edgerton Avenue, S. E.); thence with same S. 64°-43’-E.
85.1 feet to a point; thence crossing Eastland Road (Edgerton Avenue,
S. E.), and with the line between lots 4 and 5, Block 21, Riverdale Map,
S. 28°-13’-W. 675.1 feet to a point on the north line of Ridge Road; thence
with same N. 62°-08’-W. 124.33 feet to a point; thence crossing Ridge
Road, and with the line between lots 3 and 4, Block 20, Riverdale Map,
S. 27°-52’-W. 614.3 feet to a point on the north line of the old Bandy Road
(Dundee Avenue, S. E.); thence with north lines of same N. 79°-09’-W.
199.1 feet, and N. 68°-27’-W. 88.0 feet; thence crossing Bandy Road
(Dundee Avenue, S. E.), and with the east boundary line of the Rose-
wood Park subdivision, S. 0°-417-W. 1117.8 feet to a point on the north
line of Rutrough Road, S. E. (Virginia Secondary Route No. 658) ; thence
crossing Rutrough Road S. 16°-57’-W. 215.0 feet to a point; thence with a
line parallel to, and 200.0 feet from the center line of Rutrough Road,
N. 73°-03’-W. 242.5 feet, and N. 83°-49’-W. 285.5 feet; thence S. 35°-05’-W.
268.0 feet to a point; thence S. 1°-35’-W. 468.8 feet to a point in the old
Kefauver Survey line; thence with lines of same S. 46°-30’-E. 1051.0 feet
to a pine stump, an original corner; thence still with the lines of the
Kefauver Survey S. 72°-45’-W. 1017.0 feet to a point, and S. 74°-32’W.
2591.0 feet, crossing Virginia Route No. 116 (Mt. Pleasant Boulevard)
and S. 73°-45’-W. 753.0 feet to the original Garnand and Kefauver corner;
thence leaving the original Garnand and Kefauver corner 8S. 30°-08’-W.
139.5 feet to a point on the east line of Gearheart Road (now Bandy Road,
S. E.) Virginia Secondary Route No. 666; thence with the east lines of
same the following courses and distances, i. e.: S. 33°-00’7-W. 135.5 feet;
S. 45°-44’-W. 245.0 feet; S. 18°-02’-W. 304.0 feet; and S. 44°-34’-W. 166.0
feet; thence crossing the Road, S. 17°-00’-W. 116.4 feet to a point; thence
S. 52°-12’-E. 97.7 feet to a point on the outside boundary line of the E. M.
Gearheart Estate map; thence with same S. 14°-33’-W. 1153.1 feet to a
point in the north boundary line of the original Tract No. 2 of the W. D.
Garnand lands; thence with same S. 76°-41’-E. 369.2 feet to a concrete
monument; thence S. 53°-06’-W. 126.4 feet to a concrete monument; thence
S. 8°-46’-W. 431.5 feet to a point; thence N. 89°-36’-W. 288.8 feet to a
point; thence S. 14°-38’-W. 166.8 feet to a point; thence S. 62°-38’-E.
323.2 feet to a point; thence S. 61°-18’-E. 266.0 feet to a point on the west
line of Bandy Road (Virginia Secondary Route No. 666) ; thence crossing
a 30-foot road (Reynolds Road, S. E.) and with the west lines of Bandy
Road, the following courses and distances, i. e.: S. 25°-20’-W. 40.8 feet;
S. 25°-14’-W. 100.0 feet; S. 21°-48’-W. 100.5 feet; S. 22°-18’-W. 183.0 feet;
S. 18°-34’-W. 165.0 feet; S. 1°-55’-W. 176.2 feet; S. 14°-17’-E. 237.0 feet,
to a corner of Tract A, of the original W. D. Garnand map; thence with
lines of same S. 86°-28’-W. 229.8 feet to a point; thence N. 6°-03’-E. 38.0
feet to a point, corner of the Mountain View Heights subdivision; thence
with the south line of same along the south side of Buena Vista Road
(Blanton Avenue, S. E.) S. 83°-13’-W. 420.0 feet to an oak tree, the original
corner; thence with the east boundary line of Mountain View Heights
subdivision, crossing Brookside Road (Hillview Avenue, S. E.) near the
spring S. 7°-42’-W. 577.3 feet to an‘ iron pipe, corner to the Goodman
Estate survey ; thence with the lines of same S. 8°-48’-W. 1444.8 feet to an
iron pipe at an angle point; thence S. 70°-26’-W. 703.7 feet to an iron
pipe on the east line of Valley View Road; thence with same 8. 20°-06’-E.
354.3 feet to a point; thence 8S. 54°-21’-W. 171.44 feet to a point; thence
N. 38°-14’-W. 38.4 feet to a point; thence S. 71°-01’-W. 707.4 feet to a
point in the west line of Yellow Mountain Road (Garden City Boulevard)
Virginia Secondary Route No. 672; thence with same the following courses
and distances, 1. e.: N. 9°-386’-W. 144.5 feet; N. 7°-277-W. 31.0 feet; N.
7°-15’-W. 142.5 feet; and N 10°-22’-W. 364.1 feet to a point, corner to lot
21 of the revised map of Garden City Farm; thence with the south bound-
ary line of same, leaving the Yellow Mountain Road (Garden City Boule-
vard) N. 86°-46’-W. 914.6 feet to the center of Chestnut Road (Altamont
Avenue, S. E.); thence N. 30°-25’-E. 10.0 feet to a point on the north
line of same; thence N. 59°-35’-W. 92.95 feet to the northeast corner of
Chestnut Road (Altamont Avenue, S. E.) and Maple Road (Moreland
Street, S. E.) ; thence with the east lines of Maple Road (Moreland Street,
S. E.) N. 20°-10’-E. 476.2 feet to a point, and N. 10°-01’-E. 223.3 feet
to a point; thence with lines parallel to, and 200.0 feet from the center
line of Yellow Mountain Road (Virginia Secondary Route No. 672), the
following courses and distances, i. e.: N. 80°-31’7-W. 123.0 feet; N. 77°-
507-W. 116.2 feet; N. 71°-16’-W. 116.3 feet; N. 68°-28’-W. 97.9 feet;
N. 72°-29’-W. 79.2 feet; N. 80°-24’-W., crossing Pine Road (Crandall
Street, S. E.) 94.1 feet; thence N. 75°-51’-W. 127.8 feet; N. 64°-32’7-W.
121.1 feet; N. 63°-46’-W. 236.8 feet; N. 59°-04’-W. 121.8 feet; N. 51°-17’-
W. 108.3 feet; N. 54°-19-W. 165.1 feet; N. 83°-15’-W. 174.5 feet; S.
82°-32’-W. 321.1 feet; N. 89°-44’7-W. 111.0 feet; N. 81°-35’-W., crossing
the old Rocky Mount Road, Virginia Secondary Route No. 672, 138.1 feet;
N. 67°-59’-W. 134.8 feet; N. 30°-05’-W. 207.4 feet; N. 138°-11’-E. 176.7
feet; N. 30°-06’-E. 139.0 feet; N. 35°-25’-E. 228.5 feet; N. 38°-15’-E. 76.9
feet; N. 42°-56’-E. 56.8 feet; N. 83°-25’-W. 74.5 feet; S. 85°-06’-W. 225.3
feet; N. 89°-22’-W. 121.9 feet; N. 78°-37’-W. 123.4 feet; N. 75°-42’-W.
346.4 feet ; N. 68°-34’-W. 157.0 feet: N. 43°-27’-W. 187.9 feet; N. 18°-58’-W.
169.9 feet : N. 3°-52/-W. 143.4 feet: N. 5°-46’-E. 134.2 feet; N. 15°-40’-E.
135.1 feet; N. 25°-51’-E. 120.8 feet; N. 27°-34’-E. 100.4 feet; N. 26°-04’-E.
76.0 feet; N. 18°-51/-E. 97.5 feet; N. 33°-40’-W. 212.45 feet; N. 53°-07’-W.
300.39 feet: N. 21°-43’-W. 370.7 feet: N. 17°-24’-W. 134.7 feet; N. 3°-44’-
W. 162.4 feet: N. 6°-41’-E 157.5 feet to a point in the Corporation line of
December 16, 1915; thence with same S. 76°-21’-E. 220.2 feet to the place
of beginning, containing 26.676 square miles, or 17,075.2 acres, by plani-
meter measurement.

§ 2. Powers of the city.

In addition to the powers mentioned in the preceding section, the
said city shall have power:

(1) To raise annually by taxes and assessments in said city such
sums of money as the council hereinafter provided for shall deem neces-
sary for the purposes of said city, and in such manner as said council
shall deem expedient, in accordance with the Constitution and laws of
this State and of the United States; provided, however, that it shall impose
no tax on the bonds of said city; and provided, further, that said tax
rate shall not exceed the sum of two dollars and fifty cents ($2.50) on
the one hundred dollars of assessed value of real and personal property in
this city, except for providing for the payment of the principal and interest
on any non-revenue bonds hereafter issued and approved by a vote of the
freeholders, or for any bonds issued to refund the same. The maximum
rate of two dollars and fifty cents ($2.50) shall be construed to include
any and all levies which might otherwise be levied under the provisions
of §§ 58-844, 58-845 and 58-846 of the Code of Virginia ; and the authority
to exceed the two dollars and fifty cents ($2.50) maximum rate shall not
be construed to authorize the council to exceed the same to pay principal
or interest on non-revenue bonds or on any refunding bonds issued to refund
bonds originally issued prior to January first, nineteen hundred and forty-

* 2) To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time of
the imposition of such special or local assessments.

(3) Subject to the provisions of the Constitution of Virginia and of
sections forty-seven, forty-eight and forty-nine of this charter, to contract
debts, borrow money and make and issue evidence of indebtedness.

(4) To expend the money of the city for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation or otherwise,
property, real or personal, or any estate or interest therein, within or
without the city or State 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 other part thereof.

(6) To acquire, in any lawful manner, for the purpose of encouraging
commerce and manufacture, lands within and without the city not exceed-
ing at any one time five thousand acres in the aggregate, and from time
to time to sell or lease the same or any part thereof for industrial or com-
mercial uses and purposes.

(7) To make and maintain public improvements of all kinds, includ-
ing municipal and other public buildings, armories, markets, comfort
stations or rest rooms and all buildings and structures necessary or appro-
priate 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 regulations as shall be necessary to restrain and prevent huck-
stering, forstalling and regrating, and for the purpose of regulating and
controlling 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 public places on or in which
all licensed peddlers may sell or offer for sale their goods, wares or mer-
chandise, 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 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 neces-
sary for such improvements, or any of them.

(8) To furnish all local public service, to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by con-
demnation or otherwise, within or without the corporate limits, lands and
property necessary for any such purpose.

(9) To acquire in any lawful manner in any county of the State, or
without the State, such water lands, and lands under water as the council
of said city may deem necessary for the purpose of providing an adequate
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 sta-
tions and other works in connection therewith; to process, filter, or purify
such water supply and to add thereto mineral or other substances to make
the water more potable or more healthful, or to promote the public
welfare; 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 material for any such use. For
any of the purposes aforesaid said city may, if the council shall so deter-
mine, acquire by condemnation, purchase or otherwise, any estate or in-
terest 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 easements 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. :

(10) To establish and enforce water rates and rates and charges for
public utilities, or other service, products, or conveniences, operated,
rendered or furnished by the city; to employ necessary competent in-
spectors 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 water for domestic
purposes, or use in the homes, of the inhabitants of the city, to compel
any such water company, which owns or operates such reservoirs, water-
sheds, filtering plants, pumps and pumping machinery or other equipment
or source or sources of said water supply to pay the reasonable cost
of such inspectors; 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 notice 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 notice 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 the said council,
at which said water company has had reasonable notice and opportunity
to produce evidence and be heard, declared that an emergency exists re-
quiring the doing of said acts or things, so specified in said notice or any
part of them, to 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 city 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 seven thousand and five hundred dollars; and provided further,
that any such water company shall have the right by proper legal pro-
ceedings 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 purpose, said water company shall recover from the city any water
rentals which may have been retained as a reimbursment 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 company has received acutal benefit
of and in justice ought to pay value received for. Permitting the growth
of algae in an amount which materially 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 condition which it is the duty of the city council to
prevent or remedy under the powers granted in this subsection. Nothing
herein contained shall be construed as in anywise 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 Roanoke
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.

(11) To acquire in the manner provided by the general laws any
existing water, gas or electric plant, works or system, or any part thereof.

(12) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public 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 operation bridges, viaducts, subways, 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 prevent the obstruction of such streets
and highways, abolish and prevent grade crossings over the same by rail-
roads 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 engines, cars and trains on railroads within the city; to regulate
the service to be rendered and rates to be charged by buses, motor cars,
cabs and other vehicles for the carrying of passengers and by vehicles for
the transfer of baggage; require all telephone and telegraph wires and
all wires and cables carrying electricity to be placed in conduits under
ground and prescribe rules and regulations for the construction and use
of such conduits; and to do all other things whatsoever adapted to make
said streets and highways safe, convenient and attractive.

(13) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways, tunnels 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 ac-
quire land necessary for such purpose by condemnation or otherwise.

(14) Subject to the provisions of the Constitution of Virginia to
grant franchises for public utilities.

(15) To collect and dispose of sewage, offal, ashes, garbage, 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.
To compel the abatement of smoke, dust and fly-ash; to regulate and con-
trol the installation, alteration and repair of all combustion equipment
other than internal combustion engines, and to control and prohibit pollu-
tion of the air.

(16)To compel the abatement and removal of all nuisances within
the 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; to regulate or prevent slaughter houses or other
noisome or offensive business within said city; the keeping of animals,
poultry and other fowls therein, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the city; to compel the
abatement of smoke and dust, and prevent unnecessary noise therein;
to regulate the location of buildings or lots where animals or fowls are
kept and the manner in which such shall be kept and constructed, and
generally to define, prohibit, abate, suppress and prevent all things detri-
mental to the health, morals, comfort, safety, convenience and welfare
of the inhabitants of the city.

(17) 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 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 substance to be covered or removed therefrom, provided,
that reasonable notice shall be first given to the said owner or occupant
or his agent. In case of nonresident owners who have no agent in said
city, such notice may be given by publication; in which event two inser-
tions of such notice on separate days, in any newspaper published in said
city, at least ten days before the first day any action is to be taken shall
be sufficient notice.

(18) 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, nitro-
glycerine, camphene, burning fluid, and all explosive or combustible ma-
terials, the exhibition of fireworks, the discharge of firearms, the use of
candles and lights in barns, stables and other buildings, the making of
bonfires and the carrying of concealed weapons, and to regulate the move-
ment over its streets of dangerous, explosive, or highly combustible
materials.

(19) 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; and to prohibit or regulate the keeping or raising of pigeons or
other birds.

(20) To restrain and punish drunkards, vagrants, mendicants and
street beggars, and to provide for the treatment of drunkards, alcoholics
and drug addicts.

(21) To prevent vice and immorality; to preserve public peace and
good order, to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of ill-fame, gambling houses and gambling
devices of all kinds, to prevent lewd, indecent or disorderly conduct or
exhibitions in the city.

(22) To inspect, test, measure and weigh any commodity or article
for consumption or use, manufactured, stored, processed or offered for
sale within the city, and to establish, regulate, license and inspect weights,
meters, measures and scales.

(23) To extinguish and prevent fires and 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
and construction of buildings, fences, and other structures hereafter
erected in such manner as the public safety and convenience may require;
to 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 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 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, con-
crete, brick, iron or other fireproof material. .

(24) To provide for the care, support and maintenance of children
and of sick, aged, insane, disabled, or poor persons and paupers.

(25) To establish, organize and administer public schools, colleges
and libraries subject to the general laws establishing a standard of educa-
tion for the State.

(26) To provide and maintain, either within or without the city,
charitable, recreative, curative, corrective, detentive, or penal institutions.
(27) To provide for the removal of paupers or dependent persons
recently come into the city where permitted by State or Federal laws.

(28) 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 consumption, which is adult-
erated, 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, to prevent the introduction or spread of
contagious or infectious diseases; and prevent and suppress diseases
generally; to provide and regulate hospitals within or without the city
limits, and to enforce the removal of persons afflicted with contagious
or infectious disease to hospitals provided for them, to provide a depart-
ment 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 officials 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 may see fit, subject to the laws of the State and the
United States; to provide and keep records of vital statistics and compel
the return of all births, deaths and other information necessary thereto.

(29) To acquire by purchase, gift, devise, condemnation, or other-
wise, 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; and
generally to regulate the burial and disposition of the dead.

(30) To exercise full police powers, and establish and -maintain a
department or division of police.

(31) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the city or
its inhabitants.

(32) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the powers
conferred by this charter or by any general law, and to provide and impose
suitable penalties for the violation of such ordinances, rules and regula-
tions, or any of them, by fine not exceeding five hundred dollars or im-
prisonment not exceeding twelve months, or both, the city may maintain
a suit to restrain by injunction the violation of any ordinance notwith-
standing such ordinance may provide punishment for its violation.. The
enumeration of particular powers in this charter shall not be deemed
or held to be exclusive, but in addition to the powers enumerated herein
implied thereby, or appropriate to the exercise thereof, the said city shall
have and may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and general laws
of this State.

§ 3. Creation and powers of council.

There is hereby created a council, which shall have full power and
authority, except as herein otherwise 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. It shall by ordinance fix the salaries
of all officers and employees of the city, and may, so far as is not in-
consistent with the provision of this charter, define the powers and pre-
scribe the duties of all such officers and employees.

§ 4. Composition of council; vacancies.
The council shall continue to consist of five members until the first
day of September, 1953, at which time the council shall be enlarged to,
and shall thereafter consist of, seven members. All councilmen shall be
elected at large and each shall serve for a term of four years; provided,
however, that in order to effect the orderly enlargement of the council, as
hereinabove contemplated, a special election shall be held on the second
Tuesday in June, 1953, for the election of two councilmen who shall each
serve for an original term of only three years commencing on the afore-
said first day of September, 1953. On the second Tuesday in June, 1954,
and on said day each four years thereafter, three councilmen shall be
elected and on the second Tuesday in June, 1956, and on said day each
four years thereafter, four councilmen shall be elected each of whom shal!
serve for a term of four years, from the first day of September next
following the date of their election and until their successor shall have been
elected and qualified. The council shall be a continuing 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.

§ 5. 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 candidacy any
money except as permitted by the general laws of the state; and any
such candidate violating this provision shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine not exceeding five
hundred dollars, or imprisonment for a term not exceeding six months,
or both, in the discretion of the court or jury, and shall forfeit his office,
if elected; in which event, the person receiving the next highest number
or votes, who has not violated the said provision, shall be entitled to said
office.

§ 6. Compensation of councilmen. |

Each member of the council shall receive subject to the provision of
this charter, a salary of twelve hundred dollars ($1,200.00) per year, ex-
cept the president, whose salary shall be fifteen hundred dollars ($1,500.00)
per year, such salaries to be payable in equal monthly installments.

§ 7. Limitations of the powers of the council.

Neither the council, nor any of its members, shall dictate the appoint-
ment of any person to office or employment by the city manager, or in
any manner interfere with the city manager, or prevent him from exer-
cising his own judgment in the appointment of officers or employees in the
administrative 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 publicly or
privately.

§ 8. Officers elective by council; rules.

The council shall elect one of its members to preside over its meeting,
who shall be entitled president, and who shall be ex officio mayor, and shall
also elect another member to be vice-president of the council. The council
shall also elect a city manager, a city clerk, a city auditor, a city attorney,
and two, or more, municipal judges, one of whom shall be chief municipal
judge. The council shall also appoint the members of such boards and
commissions as are hereafter provided for. All elections by the council
shall be viva voce and the vote recorded in the journal of the council. The
council may determine its own rules of procedure; may punish its mem-
bers for misconduct and may compel the attendance of members 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 smaller number
may adjourn from time to time. No person elected to the council, whether
he qualify or not shall during the term for which he is elected, be elected
or appointed to any position or office of trust or profit under the city
government.

§ 9. Elections by council, when held, terms, et cetera.

During the month of September, nineteen hundred and fifty-two and
during the month of September of every second year thereafter, the
council shall elect a city clerk, a city auditor, and a city attorney, each
of whom shall serve for a term of two years from the first day of October
next following the date of his election and until his successor shall have
been elected and qualified.

During the month of September in the years 1952 and 1954 and during
the month of September of every second year following the year 1954 the
council shall elect one or more municipal judges to serve on the Municipal
Court. Each municipal judge, so elected, shall serve for a term of four
years from the first day of October next following the date of his election,
and until his successor shall have been elected and qualified. The council
shall designate the municipal judge, or one of the municipal judges, elected
during the month of September, 1954, chief municipal judge.

§ 10. Meetings of council.

At three o’clock post meridian on the first day of September next
following the regular municipal election, or if such day be Sunday, then
on the day following, the council shall meet at the usual place for holding
meetings of the legislative body of the city, at which time the newly
elected councilmen shall assume the duties of their office. Thereafter the
council shall meet at such times as may be prescribed by ordinance or
resolution, provided, that it shall hold at least one regular meeting each
week, except during the months of June, July and August, when two
regular meetings each month may be held. 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 resi-
dence; 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 interest may require executive sessions,
and any citizen may have access to the minutes and records thereof at all
reasonable times.

§ 11. Penalty for absence.

Absence from five consecutive regular meetings shall operate to vacate
the seat of a member, unless the absence is caused by his being incapaci-
tated by sickness or is excused by the council by a resolution setting forth
the reason thereof and entered upon the journal.

§ 12. Legislative procedure.

Except in dealing with questions of parlimentary procedure the
council shall act only by ordinance or resolution, and all ordinances except
ordinances making appropriations, or authorizing the contracting of in-
debtedness or issuance of bonds or other evidence of debt, shall be con-
fined to one subject, which shall be clearly expressed in the title. Ordi-
nances making appropriations or authorizing the contracting of indebted-
ness 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 Roanoke”. No ordinance,
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 affirmative vote of five-
sevenths of the members of the council. No ordinance or section thereof
shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section as revised or
amended. The ayes and noes shall be taken upon the passage of all ordi-
nances or resolutions and entered upon the journal of the proceeding of
the council and every ordinance or resolution shall require, on final pass-
age, the affirmative vote of a majority of the members. No member shall
be excused from voting except on matters involving the consideration of
his own official conduct, or where his financial or personal interests are
involved.

In authorizing the making of any public improvements, or the acquisi-
tion of real estate or any interest therein; or authorizing the contracting
of indebtedness or the issuance of bonds or other evidences of indebted-
ness (except temporary loans in anticipation of taxes or revenue or of the
sale of bonds lawfully authorized) ; or authorizing the sale of any property
or rights in property of the city of Roanoke, 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 ordinance; provided, however, that
after any such ordinance shall have taken effect, all subsequent proceed-
ings incidental thereto and providing for the carrying out of the purposes
of such ordinance may, except as otherwise provided in this charter, be
taken by resolution of the council.

§ 13. Effective date of ordinances; 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 five-sevenths of its members, pass
emergency measures to take effect at the time indicated therein. An
emergency measure is an ordinance or resolution for the immediate
preservation of the public peace, property, health or safety, or providing
for the usual daily operation of a municipal department in which the
emergency is set forth and defined in a preamble thereto. Ordinances
appropriating money for any such 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 regulating the rate to be charged for its service by any public
utility, shall be so passed.

§ 14. Record and publication.

Every ordinance 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. Every ordinance of a general
or permanent nature shall be published in full once within ten days after
its final passage in a newspaper or newspapers of general circulation
published in the municipality; and where legally permissible, such publica-
tion shall be made but once; provided that where any such ordinance is
amended, the council may direct that only the amendment or the substance
of such amendment be published and such publication shall be a sufficient
compliance with this section, provided, that the foregoing requirements
as to publication shall not apply to ordinances reordained in or by a gen-
eral complication or codification of ordinances printed by authority of the
council.

A record or 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 or any amendment thereof and its due publication.
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 clerk or from
the volume of ordinances printed by authority of the council.

§ 15. President of the council.

The president of the council shall preside at meetings of the council,
and perform such other duties consistent with his office as may be im-
posed 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 purposes, 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 instru-
ments in writing or other necessity arising from Federal or State law,
procedure, rules or regulations may so require; but this shall not be con-
strued as conferring 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 dangers or emergency, he may, with the consent of the
council, take command of the police and maintain order and enforce the
laws, and for this purpose may deputize such special policemen 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 such as
are conferred upon him by this charter, together with such others as may
be conferred by the council in pursuance of the provisions of this charter,
and no others.

§ 16. Time of holding municipal elections.

A municipal election shall be held on the second Tuesday in June in
nineteen hundred and fifty-two, and every second year thereafter which
shall be known as the regular election for the election of councilmen.

§ 17. Method of conducting municipal elections.

The candidates at, any regular municipal election for the election of
councilmen, 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.

§ 18. 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 fifty-
three and quadrennially thereafter, the following officers: one attorney
for the commonwealth, one commissioner of the revenue, one city treasurer,
and one city sergeant, who shall hold their offices for the 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 fifty-
three, and every eight years thereafter, one clerk of the Hustings Court of
the city of Roanoke, who shall be clerk of all courts of record in this city,
whose term shall begin and end as is now, or may hereafter be prescribed
by the said General Assembly of this State.

§ 19. General, provisions relating to elections; how elections con-

ucted.

All elections provided for in this charter, except as otherwise pro-
vided herein, shall be conducted, and the result canvassed and certified by
the regular election officials provided for by the general election laws of
ne State and all such elections shall be governed by the general election

ws.
§ 20. The city manager; appointment, qualifications, et cetera.

The city manager shall be the administrative head of the municipal
government. He shall be chosen by the council without regard to his
political beliefs and solely upon the basis of his executive and administra-
tive qualifications. The choice shall not be limited to inhabitants of the
city or State. He shall be appointed for an indefinite period and shall
hold office during the pleasure of the council. He shall receive such com-
pensation as shall be provided by the council by ordinance. He shall be
bonded as the council may deem necessary. During the absence, disqualifi-
cation or disability of the city manager the council may designate some
properly qualified person to perform the duties of the office.

21. Power and duties of the city manager.

he city manager shall be responsible to the council for the efficient
administration of all offices of the city. 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 are necessary
for the proper administration of the affairs of the city, with the power to
discipline and remove any such officer and 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 such 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 con-
dition and its future financial needs.

(f) To prepare and submit to the council a tentative budget for the
next fiscal year.

(g) To perform such other duties as may be prescribed by the council.

22. Investigations.

he council, the city manager, and any other officer, board or com-
mission 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 the production of books and papers.

Any person refusing or failing to attend, or to testify or to produce
such books and papers, may by summons issued:by such board or officer
be summoned before the Municipal Court of the city by the board or official
making such investigation, and upon failure to give satisfactory explana-
tion of such failure or refusal, may be fined by a municipal judge not
exceeding one hundred dollars or imprisoned not exceeding thirty days,
such person to have the right to appeal to the Hustings Court of the city.
Any person who shall give false testimony under oath at any such
investigation shall be liable to prosecution for perjury.

23. Creation of departments.

he council may by ordinance 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 departments and define their duties and responsibilities.

§ 24. City clerk.

The city clerk shall be elected at the time, in the manner, and for
the term provided by section nine of this charter. He may by and with
the consent of the council appoint one deputy and such number of assist-
ants as may be provided 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, are
required to be kept by or filed with him. He shall be the keeper of the
city seal, and shall affix and attest the same when so directed by the
council. He shall transmit copies of all ordinances or resolutions to such
officers and persons as are affected thereby. He shall give information to
persons presenting communications or petitions to the council of the final
action of the council thereon. He shall, except as otherwise expressly pro-
vided in this chapter, publish or cause to be published, all reports, ordi-
nances, and other documents required by this charter to be published,
and also such other reports as the council 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 and give such bond as the council may by ordi-
nance provide.

§ 25. City auditor.

‘The city auditor shall be elected at the time, in the manner, and for
the term provided by section nine of this charter.

(a) The said auditor shall have charge and control of the keeping
of all accounts and financial records of the city of Roanoke, wherein 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 ordinance of the council to make
such examination. |

(b) The said auditor shall be charged with and exercise a general
supervision 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 necessary 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 is hereby clothed with full power and authority to administer
an oath or oaths to the claimant or claimants, or any other person or
persons, whom he may think proper to examine 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 punishment 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 particular
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, countersigned by the city
manager. But the auditor is forbidden to issue his warrant for the pay-
ment 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 therefor, into
the city treasury, weekly or monthly, or as often as he shall see fit to
require the same by any regulation which he may adopt; 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 within ten days to make settle-
ment 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, ac-
cording 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 report 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 belong-
ing to said city.

(f) The auditor shall make out an annual statement, as soon as
possible after the end of each fiscal year, giving full and detailed state-
ment of all the receipts and expenditures during the year, which he shall
forthwith file with the city manager and lay the same before 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 statement, giving
a full and detailed account of all moneys received, from what sources
and on what account received, and of all moneys ordered to be paid or
drawn for by warrant by him, and on what account the same have been
paid; and shall deliver said statement to the city council at their next
meeting.

(h) No contract, agreement or other obligation involving the ex-
penditure of money shall be entered into nor shall any ordinance, resolu-
tion or order for the expenditure of money be passed by the council or
be authorized by any officer of. the city, unless the city auditor shall first
certify to the council or to the proper officer, as the case may be, that
the money required for such contract, agreement, obligation or expendi-
ture is in the city treasury to the credit of the fund from which it is to
be drawn, and not appropriated for any other purpose, which certificate
shall be filed and preserved. The sum so certified shall not thereafter
be considered unencumbered, until the city is discharged from the contract,
agreement or obligation.

(i) All moneys actually in the treasury to the credit of the fund
from which they are to be drawn and all moneys applicable to the pay-
ment of the obligation or appropriation involved that are anticipated to
come into the treasury before the maturity of such contract, agreement
or obligation from taxes, assessments, license fees or from sales of
property or of services, products, or by-products of any city undertaking,
and moneys to be derived from lawfully authorized bonds, for the pur-
pose of such certificate shall be deemed in the treasury to the credit of
the appropriate fund and subject to such certification.

8 26. City attorney.

The city attorney shall be elected at the time, in the manner, and for
the term provided by section nine of this charter. He shall at the time
of his election have practiced law in the State of Virginia for at least five
years and in the city of Roanoke for at least two years. He shall be the
legal advisor 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 instruments 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.

The council, the city manager, or any officer, board or commission
may require the 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 neces-
sary to restrain and prevent the misapplication of the funds of the city,
or the invasion or abuse of its corporate powers, or the usurpation of
authority by any city official, 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 granting
a right or easement or creating a public duty is being evaded or violated,
the city attorney, when directed by council, shall institute 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 re-
quire. :

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 competent
jurisdiction for a writ of mandamus to compel the performance of such
duty. Whenever the city or 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 said city
attorney shall perform such other duties as may be required of him by
ordinance or resolution of the council.

§ 27. Municipal Court.

(a) The court presided over by the civil and police justice and the
assistant civil and police justice at the effective date of this charter is
hereby continued, and shall be known as the Municipal Court of the city
of Roanoke. Said court shall be composed of a chief municipal judge and
of as many municipal judges as council may, from time to time, hereafter
determine and elect in the manner provided for by § 9 of this charter.

(b) The civil and police justice in office at the effective date of this
charter shall be the chief municipal judge until the expiration of his term
of office or until a vacancy may otherwise occur. The assistant civil and
police justice in office on the effective date of this charter shall be a muni-
cipal judge until the expiration of his term of office or until a vacancy
may otherwise occur.

(c) Every judge of the Municipal Court shall, at the time of his
election, be qualified to practice law in the city of Roanoke; shall have
been a resident of said city for at least one year next preceding his elec-
tion; and shall, before entering upon the performance of the duties of
his office, take and subscribe to the oath prescribed by law.

(d) The judges of the Municipal Court may agree upon a division
of the business and upon the assignment of cases for trial in said court
and in the divisions thereof, but in the event they shall not so agree the
chief municipal judge shall make the necessary division of business and
assignment of cases for trial.

The Municipal Court shall be divided and held in the following
divisions:

(1) Criminal Division—for the disposition of criminal matters and

cases.

(2) Civil Division—for the disposition of civil matters and cases.

(3) Traffic Division—for the disposition of matters and cases involv-
ing a violation of state laws or city ordinances relating to the ownership,
operation, use or control of automobiles and all other vehicles.

(4) Miscellaneous Division—for the disposition of matters and cases
involving the adjudication or commitment of insane, epileptic, feeble-
minded or inebriate persons, and for the disposition of all other matters
and cases within the jurisdiction of the Municipal Court or of any
municipal judge not falling within either of the three preceding divisions
of said court.

The Municipal Court, or any division thereof as hereinabove pro-
vided, may be presided over and conducted by any municipal judge, and
each municipal judge concurrently, shall have all the power, authority
and jurisdiction necessary to bring on, hear, determine and adjudicate
all matters and cases within the jurisdiction of the Municipal Court, or
of any judge thereof, properly before him for determination.

(e) All municipal judges shall devote full time to the duties of their
office. Each shall receive such individual salary as the council shall,
from time to time, fix which shall be paid by the city and each may par-
ticipate in the Employees’ Retirement System of the city of Roanoke,
but shall receive no other compensation, fees or emoluments whatsoever
from said city.

(f) Each municipal judge shall be a conservator of the peace within
the corporate limits of the city of Roanoke and within one mile beyond
said limits, and within the city and one mile beyond its limits, said court,
and each judge thereof concurrently, shall have exclusive original juris-
diction for the trial of all offenses against the ordinances of the city,
except in those matters which are provided by law or by this charter
to be within the exclusive original jurisdiction of the Juvenile and
Domestic Relations Court of said city; provided, however, that the city
shall have the right of appeal to any court of record of the city from
the decision of any such municipal judge affecting the legality or validity
of any city ordinance, except that in any criminal matter such appeal
shall be only to the Hustings Court of said city.

The Municipal Court, and each judge thereof concurrently, shall
have exclusive origina] jurisdiction over all misdemeanors committed
within the corporate limits of the city and shall have concurrent original
jurisdiction with the appropriate county or town authorities over all
offenses committed within one mile beyond said limits except where it
is otherwise provided by law or by this charter.

In criminal matters and cases the Municipal Court and the several
divisions thereof, and each municipal judge concurrently, shall possess
and exercise all of the jurisdiction, power and authority which were
possessed and exercised by the civil and police justice of the city im-
mediately before the effective date of this charter or which are now or
may hereafter be conferred by the laws of the Commonwealth upon any
trial justice or upon any justice of the peace.

Notwithstanding the provisions herein contained, the Hustings Court
of the city of Roanoke shall continue to have jurisdiction to try any
persons for any misdemeanor for which such person be indicted or may
certify such indictment to the Municipal Court or the appropriate divis-
ion thereof, or to any other appropriate court, for trial, in which latter
case the indictment shall be in lieu of any warrant, petition, or other
pleading constituting the charge which might otherwise have been re-
quired by law. Each judge of the Municipal Court shall have the power
to order the arrest of, conduct the preliminary examinations of, admit
to bail and take the recognizance of persons charged with crime in the
manner prescribed for justices of the peace and trial justices generally
by Chapter 5, of Title 19, of the Code of 1950, and Acts amendatory
thereto.

(g) The Municipal Court, the proper division thereof, and each
municipal judge concurrently, shall also have and exercise the jurisdic-
tion conferred by general law upon justices of the peace and trial justices
in all matters in connection with the adjudication and commitment of
mentally ill, mentally deficient, insane, epileptic, feeble-minded, inebriate,
and drug addicted persons and the institution and conduct of proceedings
therefor and the commitment for observation as to the mental condition
of any suitable person not an inebriate or a drug addict.

(h) Any person convicted of a crime or of an offense against an
ordinance of the city by Any municipal judge shall have the right, at any
time within ten days from such conviction and whether or not such
conviction Was upon a plea of guilty, to appeal to the Hustings Court
of the city of Roanoke. Upon the appeal of any such case the procedure
and the trial of such appeal case shall be conducted as provided by Sec-
tions 16-8 and 16-10 of Chapter 1, Title 16, of the Code of Virginia, 1950.

(i) (1) In civil matters and cases the Municipal Court, the proper
division or divisions thereof, and each municipal judge concurrently,
shall possess and exercise all of the jurisdiction, power and authority
which were possessed and exercised by the civil and police justice of
the city immediately before the effective date of this charter and which
are now or may hereafter be conferred by the laws of the Commonwealth
upon any trial justice in civil matters.

In both criminal and civil matters within the jurisdiction of the
Municipal Court or of any judge thereof, each municipal judge concur-
rently, shall have full authority to issue warrants, summonses, processes
and writs, both mesne and final. |

(2) Any civil case, within the jurisdiction of the Municipal Court
or of any judge thereof, may, at the election of the plaintiff, be brought
by notice of motion for judgment. Such notice shall be in writing, shall
be signed by the plaintiff or his attorney, shal] contain a brief statement of
the plaintiff’s claim, shall be served at least five days before the return
day thereof in the same manner as civil warrants are served and shall
also be returned, docketed and tried in the same manner as civil warrants
are returned, docketed and tried.

(3) The procedure in all civil matters and cases, except as herein
otherwise provided, shall, as heretofore, conform as nearly as is prac-
tical to the provisions of general law relating to trial justices.

(4) In matters of removals, appeals and bonds in civil matters, the
Municipal Court, and each judge thereof, shall be governed by Title 16,
Chapter 2, Article 6, of the Code of Virginia, 1950, and Acts amendatory
thereto as the same relates to trial justices, except that removals and
appeals in civil matters shall be to the Hustings Court or the Court of
Law and Chancery of said city, as may be designated by the party
making the removal or appeal.

If any plaintiff shall not bring his case to trial within two years from
the time it is docketed in the court to which it is removed, or appealed,
it shall be dismissed at the expiration of said two-year period, unless,
after reasonable notice to the plaintiff, good cause be shown against such
dismissal.

(5) If, in a civil action, the warrant or notice of motion for judg-
ment be upon an account or contract, express or implied, for the payment
of money, affidavits may be made and like proceedings had as provided
by Section 8-511 of the 1950 Code of Virginia in actions of assumpsit.

(j) Costs and fees in criminal and civil matters and cases shall
be charged and collected, or taxed, as the case may be, in accordance
with the provisions of general law relating to costs and fees in criminal
and civil matters and cases before trial justices, except that all such
costs and fees collected in the Municipal Court shall be payable into the
treasury of the city of Roanoke in the manner provided in this charter.

(k) Each municipal judge shall keep his office and court at such
places as may be prescribed by council. The Criminal Division and the
Civil Division of the Municipal Court, and the office of each municipal
judge shall be kept open for the transaction of business every day in the
year except Sundays and legal holidays. The chief municipal judge shall
cause the Traffic Division and the Miscellaneous Division of the Municipal
Court to be kept open for the transaction of business for a sufficient
number of days each week in the year to assuré the prompt dispatch of
all business in each of said divisions.

(1) The council, in its discretion, may appoint by ordinance a sub-
stitute municipal judge, who shall possess the same qualifications of a
municipal judge, to serve for such period as may be specified in the
ordinance. When there is a substitute municipal judge in office pursuant
to this enabling provision, the council shall prescribe, in the appointing
ordinance, when and under what conditions he may act as substitute
municipal judge and what compensation he shall receive for such services.
When lawfully acting as substitute municipal judge, he shall possess
all the jurisdiction and exercise all the power of a municipal judge.

(m) The chief municipal judge shall be in charge of and responsible
for the general administration of thé Municipal Court and of the several
divisions thereof and he shall cause the clerk of said court to promptly
and efficiently perform all duties imposed upon said clerk by this charter
or by said municipal judge.

(n) Whenever a vacancy shall occur in the office of chief municipal
judge, council shall promptly fill the vacancy by electing a municipal
judge as chief municipal judge for a term to coincide with the regular
term of the municipal judge so elected; or, in its discretion, council may
elect some other qualified person as chief municipal judge to serve for
the unexpired term of his predecessor, provided, however, that should
any vacancy occur in the office of chief municipal judge prior to October 1,
1954, council shall elect a successor to serve only for the unexpired term
of his predecessor. Any vacancy occurring in the office of municipal
judge arising from any cause may be filled by council by the election of
a person with the qualifications prescribed herein.

(0) The council, may, by ordinance, impose upon the judges of the
Municipal Court and upon the clerk thereof such other duties, not incon-
sistent with this charter and the laws of the Commonwealth, as it may
deem proper and expedient; and may provide for their vacations, sick
leaves and leaves of absence.

§ 28. Clerk of the Municipal Court.

The chief municipal judge shall appoint a clerk of the Municipal Court
who shall devote full time to the duties of the office which he shall hold
at the pleasure of the chief municipal judge. Said clerk shall receive such
salary as the council shall, from time to time, fix which shall be paid by
the city. and he shall participate in the Employees’ Retirement System
of the city of Roanoke, but shall receive no other compensation, fees or
emoluments whatsoever from said city. The clerk of the Municipal Court
shall be a conservator of the peace within the city and may within the
jurisdiction, territorial and otherwise, of the Municipal Court, issue war-
rants and processes, original, mesne and final, both civil and criminal,
issue abstracts of judgments and subpoenas for witnesses, and all other
processes which might or could be issued by a judge of the Municipal
Court. Said papers shall be signed.in the name of the Municipal Court by
the clerk as such clerk. He shall have authority to take affidavits and
administer oaths and affirmations. Such clerk shall keep the docket and
accounts for the Municipal Court and shall collect all fines, fees, for-
feitures and costs imposed by a municipal judge or arising in the ad-
ministration of the Municipal Court. A bond given for an appearance
before the municipal court for the city of Roanoke or before a judge
thereof, may if requested by the surety on such bond also be a bond for
an appearance in the Hustings Court on the same charge unless the amount
of bond required be raised by proper authority. Such clerk shall make
regular daily reports and transmit and deposit daily all monies collected
by him in accordance with rules promulgated by the city auditor or the
clerk of courts. He shall give bond for the faithful performance of his
duty as such clerk. He shall perform such further duties as may ‘be
prescribed by the chief municipal judge.

8 29. Juvenile and Domestic Relations Court.

There shall be a Juvenile and Domestic Relations Court for the city
of Roanoke. The said court shall be governed, and have all powers, au-
thority and jurisdiction conferred, by the Juvenile and Domestic Relations
Court Law, of the Commonwealth, as now enacted or hereafter amended.

§ 30. Bail.

The Hustings Court of the city of Roanoke, or the judge thereof in
vacation, may appoint one or more of the commissioners in chancery of
the said court, bail commissioner or bail commissioners for such city.
Such bail commissioner shall have the same powers and duties in respect
to the city of Roanoke as bail commissioners for counties have in respect
to their counties, and a bail commissioner shall hold office at the pleasure
of the judge of the Hustings Court. All fees collected by a bail commis-
sioner shall be paid into the city treasury and the bail commissioner shall
be paid a salary to be determined by the city council.

In order that there shall be at all times some officer at the municipal
building empowered to grant bail in misdemeanor cases, the chief of
police or the ranking officer on duty and present at the police station
shall, at all times in the absence of a municipal judge have the same power
to admit to bail persons arrested on charges of misdemeanor and brought
to the police station as a justice of the peace. The sergeant of the city
of Roanoke, Virginia, and any and all of his regularly employed deputies
shall at all times have the same power to admit to bail persons arrested
and brought to the police station, as bail commissioners except as to
persons charged with murder, manslaughter, malicious shooting, burglary,
robbery from the person by violence, arson, rape or attempted rape. It
shall be the duty of the officers empowered by this section so to do to
admit to bail. in proper cases all persons applying therefor and offering
adequate security. No police officer, sergeant or deputy sergeant shall
receive any fee for his services in admitting persons to bail, in addition
to his regular salary. ,

§ 31. Police department.

The police department 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 department, subject, how-
ever, 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 department. In case of the disability of the
superintendent or chief of police to perform his duties by reason of sick-
ness, absence from the city or other cause, the city manager shall designate
some member of the police department 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 department
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 Roanoke at least six months prior
to his appointment, but the city manager shall report each appointment
and removal to the council. Each member of the police department, 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
department shall, before entering upon the duties of his office, take and
subscribe an oath before the city clerk that he will faithfully without fear
or favor perform the duties of his office, and such oath shall be filed with
the city clerk and preserved with the records of his office. And in addi-
tion the several officers of the said department shall, if so required 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 authority 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 department 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 commis-
sion within the said city of offenses against the laws of said State, and
against the ordinances and regulations of said city; to observe 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 in-
jury. Such policeman shall have no power or authority in civil matters,
but Shall execute any criminal warrant or warrant of arrest that may be
placed in his hands by any judge or municipal judge of the city, and shall
make due return thereof. )

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

§ 32. Fire department.

The fire department 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 department,
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 govern-
ment of the whole department.

The members of the fire department shall be appointed by the city
manager and may be removed by him. The city manager shall make re-
port to council of each appointment and removal; provided, however, that
in case of riot, conflagration or emergency, the city manager may appoint
additional 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 re-
turning 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 pre-
scribe the uniform and badges for the members of the fire department.

Whenever any building in said city shall be on fire it shall be lawful
for the chief of the fire department to order and direct such building or
any other building which he may deem hazardous and likely to communi-
cate fire to other buildings, or 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 destroyed 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 between him and the council. If no agree-
ment be effected, such claimant may give to the city attorney of said
city ten days’ written notice of his intention to apply to the Hustings
Court of said city for the appointment of commissioners to ascertain and
assess his said damage. Upon it appearing that such notice has been
given, the Hustings Court of said city shall appoint five disinterested free-
holders, 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 commissioners shall proceed to ascertain and assess
the amount of such damages in the same manner as is now or may here-
after be provided by law in the case of taking private property for public
use, and the procedure upon the filing of the report of said commissioners
shall conform as nearly as may be to the procedure under the statutes of
Virginia relating to eminent domain.

The council may establish, within the fire department, a rescue squad,
emergency squad or first aid crew to aid the injured and ill.

§ 33. The annual budget. —

At least thirty days before the end of each fiscal year, the city
manager shall prepare and submit to the council an annual budget for
the ensuing fiscal year, based upon detailed estimates furnished by the
several officers of the city government according to classification as
nearly uniform as possible. The budget shall present the following
information:

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

(b) An itemized statement of the taxes required and of the estimated
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 current and next preceding year, and of the increases
or decreases estimated or proposed.

(c) A fund statement showing a condition of the various appropria-
tions, 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 during
the next year and each of several years in advance.

(e) A statement of the financial condition of the city.

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

(g) Such other information as the city manager deems appropriate
or advisable.

§ 34. The annual appropriation.

Before the end of each fiscal year, or as soon thereafter as may be
practicable, the council shall pass an annual appropriation ordinance
which shall be based on the budget submitted by the city manager, and
shall levy such tax for the ensuing fiscal year as ‘in its 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.

§ 35. Fiscal year.

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 and taxes shall be payable.

§ 36 Unencumbered balances.

At the close of each fiscal year, or upon the completion or abandon-
ment at any time within the year of any work, improvement or other
object for which a specific appropriation has been made, the unencum-
bered balance of each appropriation shall revert to the respective fund
from which it was appropriated and shall be subject to further appropria-
tion. 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 the appropriations made by the council.

8 37. City treasurer.

The city treasurer shall be elected at the time, in the manner and
for the term provided in section eighteen of this charter. He shall give
bond in such sum as the council may prescribe with surety to be approved
by the council, conditioned for the faithful discharge of his official duties
in relation to the revenue of the city, and of such other official duties as
may be imposed upon him by this‘charter and the ordinances of the city.
He shall collect and receive all city taxes, levies, assessments, license taxes,
rents, school funds, fees and all other revenues or moneys accruing to
the city, except such as council shall by ordinance make it the duty of
some other officer or persons to collect, and for that purpose shall be
vested with any and all powers which are now or may hereafter be vested
in such city treasurer as collector of State taxes. He shall be the cus-
todian of all public money of the city, and all other money coming into
his hands as city treasurer. The city treasurer shall keep and preserve
such moneys in such banks or trust companies as may be determined
by ordinance or by the provisions of any law applicable thereto. He shall
perform such other duties, have such powers and be liable to such penalties
aS are now or may hereafter be prescribed by law or ordinance. For
such services the city treasurer shall receive such compensation as the
council may from time to time prescribe by ordinance in conformity with
general law.

§ 38. Commissioner of revenue.
The commissioner of the revenue shall be elected at the time, in
the manner and for the term provided in section eighteen of this charter.
He shall give bond in such sum as the council may by ordinance prescribe,
with surety to be approved by the council, conditioned for the faithful
performance of all his duties under 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 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. The council
may by ordinance require that all tax bills shall be made out by the
commissioner of the revenue and delivered in such manner as said
ordinance may prescribe. For all such services the said commissioner
of the revenue shall receive such compensation as the council may from
time to time prescribe by ordinance in conformity with general law.

§ 39. Vacancies in the office of city treasurer or commissioner of
revenue.

In case of any vacancy in the office of the city treasurer or com-
missioner of the revenue, the council shall select a qualified person to fill
the office in which such vacancy occurs for the unexpired term; provided
that if the term of office so filled does not expire for two years or more
after the next regular municipal election for the election of councilmen
following such vacancy, and such vacancy occurs in time to permit it,
a city treasurer or commissioner of the revenue, as the case may be, shall
then be elected and shall from and after the date of his qualification
succeed such appointee and serve the unexpired term.

§ 40. Public improvements.

Any purchase, public work, or improvement, costing more than five
thousand dollars, except as provided in the next succeeding section, shall
be executed by contract. All contracts for more than five thousand dollars
shall be awarded to the lowest responsible bidder, after public advertise-
ment and competition, as may be prescribed by ordinance. But the city
council shall have the power to reject any and all bids and all advertise-
ments shall contain a reservation of this right.

§ 41. Improvement by direct labor, emergency work.

After bids shall have been advertised for and received for making
any public improvement or doing any public work, 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; provided the probable cost of such work or improve-
ments as shown by such estimate is less than the bid of the lowest
responsible bidder for the same work or improvement; and provided,
further, that the city manager shall certify to the council that in his
opinion the cost of making such improvement or doing such work will
not exceed the said estimate. 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 improvements 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 advertising for or receiving
bids therefor. Every such case shall be reported by him in writing to the
council at its next regular meeting with a statement of the facts constitut-
ing 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.

§ 42. Alterations or modifications of contracts.

When it becomes necessary in the prosecution of any work or im-
provement under contract to make alterations or modifications of. such
contract, such alterations or modifications shall be made on order of
the city council. However, when the amount involved in the proposed
alterations or modifications does not exceed one thousand dollars ($1,000.00)
such alterations or modifications may be made 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.

§ 43. Contracts for public advertising.

All public advertising or publications necessary under this charter
shall be in a newspaper of general circulation, published in the city, and
shall be done by contract. Such contract shall be entered into only after
opportunity has been given for competition under such rules and regula-
tions as the council may provide and for a term not exceeding one year;
provided, however, that when the city provides for the regular periodic
publication of an official bulletin of general circulation independent of
any newspaper, advertising or publication therein shall be sufficient
except where otherwise required by law.

§ 44. Actions against the city for damages.

No action sha be maintained against the city for injury to any
person or property or for wrongful death alleged to have been sustained
by reason of the negligence of the city or of any officer, agent or employee
thereof, unless a written statement by the claimant, his agent, attorney
or representative, 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 or president of council, or with
the mayor, or city manager, within sixty days after such cause of action
shall have accrued, except that when the claimant is an infant or non
compos mentis, or the injured party dies within such sixty days, such
statement may be filed within one hundred and twenty days.

§ 45. Laying out of streets.

No property within the corporate limits of the city of Roanoke or
within three miles of said limits (or five miles as provided by Article 2,
Chapter 23, of Title 15 of the Code of Virginia, 1950, except as to any
lands within the overlapping boundaries under the jurisdiction of any
incorporated town as defined by said Article), as now or hereafter estab-
lished, shall be laid out with streets, alleys or public easements or ways
thereon, except in accordance with such rules, regulations and provisions
which may have been or hereafter be established, from time to time, by
ordinance of the city council. To provide for the proper and orderly
development of the city and its environs the council shall have the power,
by ordinance, to make and enforce rules, regulations and provisions for
the laying out of such streets, alleys, public ways or easements and shall
have power to require, by the recordation of plats or otherwise, that the
title to land so laid out shall thereby vest in the said city or in such
county as the land may be situate.

Notwithstanding anything in this section contained, the city shall
not be liable for any accidents or injuries which may occur or be sustained
upon any street, alley, boulevard or way, heretofore or hereafter laid out,
until and unless the said street, alley, boulevard or way shall have been
accepted by the city, and the approval of any plan or plat shall not be taken
as an acceptance by said city of any street, alley, boulevard, way or pudiic
place shown on such plan or plat.

§ 46. Sinking fund commission.

The president of the council, the city treasurer, the city auditor,
and either one or two, as the council may determine, resident freeholders
of the city shall compose the sinking fund commission, the last such
member, or members, to be appointed by the council for successive terms
of three years, and to be ineligible to enter upon any other city office,
either elective or appointive, while he continues to serve on this com-
mission.

There shall be set apart from the resources of the city a sum equal to
one and one-half per centum per annum of the aggregate debt not payable
within one year, whether contracted heretofore or hereafter. The fund
thus set apart shall be called the sinking fund, and shall be applied to
the payment of the debt of this city as it shall become due, and if no part
be due or payable it shall be invested in the bonds or certificates of debt
of this 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 manage-
ment of the sinking fund commission. Said sinking fund commission shall
report to council the condition of said fund on the first day of July and
January of each year or oftener if required by council; provided, however,
that if serial bonds are issued, then no sinking fund shall be provided
therefor. ,

Whenever the city shall not have outstanding any term bonds, then
the sinking fund commission shall cease to function and all of the pro-
visions of this section shall be inoperative, and all funds and assets in
the sinking fund shall immediately become a part of the general fund
of the city.

§ 47. Bond issues.

The council may, in the name and for the use of the city, cause to
be issued bonds for any one or more of the following purposes, namely:
to provide for parks and other recreational purposes, water supply, water
works, electric lights or other lighting system, suitable equipment against
fire, or for erecting or improving bridges, viaducts, schoo] buildings, jails,
city halls, fire houses, libraries, museums, and other public buildings,
incinerators, auditoriums, armories, airports and equipment and furnish-
ings for same; hospitals and clinics, a local bus transportation system
to operate on regular schedules; grading, paving, repaving, curbing, or
otherwise improving any one or more of the streets or alleys, or widening
existing ones; or for locating, instituting and maintaining sewers, drains
and culverts, or for any other permanent public improvement; provided
that no such bonds, except such providing for the purchase or acquisition
of a supply of water to said city and its inhabitants, or for other specific
undertaking, from which said city may derive a revenue, shall be issued
except by ordinance adopted by a majority of all members of the council
and approved by the affirmative vote of the majority of the freehold
voters of the city voting on the question at an election for such purpose
to be called, held and conducted in accordance with an ordinance adopted
by the council of the city of Roanoke providing for such elections and
for giving due publicity to the same, and also providing by whom and
how the ballots shall be prepared and return canvassed, and the result
certified; no such bonds to provide for the acquisition of a supply of
water to said city and its inhabitants, or for other specific undertaking,
from which the city may derive a revenue, as provided in section one
hundred and twenty-seven of the Constitution of Virginia and chapter
three hundred and fifty-eight of the Acts of Assembly of nineteen hundred
and eighteen, as amended by chapter two hundred seventeen of the Acts
of Assembly of nineteen hundred and thirty, shall be issued except by
ordinance adopted by a majority of all members of council and approved
by the affirmative vote of the majority of the qualified voters of the city
voting on the question at an election for such purpose to be called, held
and conducted in accordance with an ordinance adopted by the council of
the city of Roanoke providing for such elections and for giving due
publicity to the same, and also providing by whom and how the ballots
shall be prepared and return canvassed, and the result certified; but
such bonds shall not be irredeemable for a period greater than thirty-
five years, provided, further, that if a separate levy be made for school
purposes, then and in that event the school board of the city of Roanoke
shall semi-annually pay into the city treasury such amounts from said
levy as may be necessary to pay interest and sinking fund on and for all
outstanding bonds of the city of Roanoke which have been or may here-
after be issued for school purposes, in the event that no special levy
should be made for school purposes, then the school board shall render
the city council a statement at the end of each month, showing the col-
lections and disbursements made by said board. And provided, further,
that in no case shall the aggregate debt of the city at any time exceed
eighteen per centum of the assessed value of real estate within the city
limits, subject to taxation, as shown by the last preceding assessment for
taxes, except where bonds are issued for a supply of water to said city
and its inhabitants, or for other specific undertaking, from which the city
of Roanoke may derive a revenue, as provided in section one hundred and
twenty-seven of the Constitution of Virginia and chapter three hundred
and fifty-eight of the Acts of Assembly of nineteen hundred and eighteen,
as amended by chapter two hundred and seventeen of the Acts of Assem-
bly of nineteen hundred and thirty.

Provided, further, that the said council shall not endorse the bonds
of any company whatsoever or make the city liable therefor without the
same authority.

In bond elections, except for specific undertakings from which the
city may derive a revenue, there shall be plainly printed on the face of
the ballots the following, to-wit: “The city council is authorized if neces-
sary to increase the tax rate above two dollars and fifty cent ($2.50) on
the one hundred dollars ($100) of assessed value of real and personal
property, to pay.the principal and interest of any bonds approved by this
election.”

All bonds issued under the provisions of this section shall be signed
by the president of 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 proceeds 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.

§ 48. Refunding bonds.

The council shall have authority by ordinance adopted by a majority
of all members of the council to issue bonds for the purpose of refunding
any bonds of the city prior to or at maturity of such bonds, for such
term or terms and at such interest rate or rates as council may fix and
determine, provided that no refunding bond shall be issued for a term
exceeding thirty years. Such refunding bonds shall be sold by the council,
and the proceeds from such sale or sales shall be used for the purpose of
paying the bonds maturing or called for payment, and for no other pur-
pose. Such refunding bonds shall be executed in the same manner as
prescribed by the preceding section for bonds issued under the authority
of such section.
§ 49. Temporary loans.

The council shall have the power to negotiate and secure short term
loans for the purpose of paying current expenses or debts of the city.
Such loans shall be evidenced by bonds or notes bearing interest, payable
in not more than one year from the date of issue. The aggregate of such
short term bonds and notes outstanding at any one time shall not exceed
an amount equal to ten per centum of the revenue from all sources col-
lected by the city in the preceding fiscal year.

§ 50. Special assessments.

All 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.

8 51. 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 as assessed thereon, from the com-
mencement 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 re-
moving weeds 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 from any premises
shall not be good against a purchaser of land or premises for value with-
out notice except and until from the time that the same shall be recorded
in records or books kept for that purpose in the office of the city clerk
and recorded and indexed in the office of the clerk of the Hustings Court
in the name of the person or persons owning such estate or land at
the time the said lien accrued. The council may require such real estate
in the city delinquent for the non-payment of taxes, or assessments or
expenses incurred as above provided, to be sold for said taxes or assess-
ments 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 delinquent
may be sold or redeemed.

Spe: Levy for taxes.

li 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 chat-
tels may be distrained and sold for State taxes.

A tenant by whom payment is made or from whom payment is ob-
tained, 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 any 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.

8 53. License taxes.

(a) License taxes may be imposed by ordinance on businesses, trades,
professions, and callings and upon the persons, firms, associations and
corporations engaged therein and the agent 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 and
to pay a tax therefor, whether such vehicle is used or operated for com-
pensation 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 trans-
ferring 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 ob-
taining the license or transfer, and such license or transfer may be with-
held 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.

§ 54. School districts.

The city of Roanoke shall not be subdivided into school districts, but
for the purpose of the election and qualification of school trustees shall
be considered as one district. Seven (7) members shall be elected and
shall serve the city at large.

§ 55. 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 suc-
cessors as prescribed by ordinance, and provide for the election of a board
of seven members. .

§ 56. 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 Roanoke, 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 and except that all real estate with the
buildings and improvements thereon heretofore or hereafter purchased
with money received from the sale of bonds of this 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 Roanoke, unless such
money so received from any other source be received on other conditions.
The 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, claims
or demand has been approved by said school board and a record thereof
made in the proceedings of said board, and said account, claim or demand
submitted to the auditor of the city of Roanoke 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 pur-
suance of an order entered by the board on the................ day Of..............00008
Separate accounts shall be kept by the said board of moneys appropriated
by the council, and moneys received from other sources, and every such
statement shall show the balance of each class of funds on hand or under
control of said board as of the date thereof.

The school board shall on or before the fifteenth day of November of
each year prepare and submit to the city manager for his information
in making up the annual budget a detailed estimate of the amount of
money 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 educa-
tion from sources other than appropriations by the council.

The council may, at its discretion, by ordinance provide for an audit
of the affairs and records of the school board by the city auditor or by
any other competent person or firm selected by the council.

§ 57. Courts, et cetera.

ll courts of record of said city as now constituted and established by
law shall be continued with the same jurisdiction as heretofore.

Wherever power is conferred upon said city by this charter to make
rules and regulations, and impose and enforce penalties for the protec-
tion 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 ordinances of said city pre-
scribing such rules and regulations, and imposing such penalties; and
jurisdiction of injunction suits for the protection of any such property
shall be as is now, or may hereafter be, provided by general law.

4 PS. Books, records, et cetera.

1 books, records and documents used by any city officer, or em-
ployee, attorney for the commonwealth, commissioner of the revenue,
clerk of court, or treasurer for this city, 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 his successor or the city clerk, as
may be proper, 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 con-
viction 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 discretion of the court or jury before whom the case is tried.

§ 59. 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 oaths prescribed by the laws of
this State for State officers. Such oaths may be administered by any
judge of a court of record within said city, 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
oaths 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 said city clerk. The clerk of the
Hustings 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 surety, as may be required
by law or ordinance, 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.

8 60. 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 em-
ployee shall give bond and the amount or penalty thereof. All officers
required by this charter to give bond, and all officers, clerks and employees
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 specially provided by this charter,
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 only a good solvent surety or fidelity company authorized
to do business in this State. 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. Uniess other-
wise specially 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 be-
fore the Hustings Court or 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.

§ 61. 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 appointed for the management, regulation or
control of corporate property 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 contract. 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 in-
terest, may be recovered back by the city, within two years after pay-
ment, by action or motion in the Hustings Court of this city.

§ 62. Zoning.

(1) For the promotion of health, safety, morals, comfort, prosperity,
or general welfare of the general public, the council of the city of Roanoke
may, by ordinance, divide the area of the city into one or more districts
of such shape and area as may be deemed best suited to carry out the
purposes of this Act, and in such district or districts may establish, set
back building lines, regulate and restrict the location, erection, construc-
tion, reconstruction, alteration, repair or use of buildings and other struc-
tures, their height, area and bulk, and percentage of lot to be occupied
by buildings or other structures, the size of yards, courts and other open
spaces, and the trade, industry, residence and other specific uses of the
premises in such district or districts. Any ordinance enacted under the
authority of this Act may exempt from the operation thereof any build-
ing or structure used or to be used by a public service corporation (not
otherwise exempted) as to which proof shall be presented to the board
of zoning appeals that the exemption of such building or structure is
reasonably necessary for the convenience or welfare of the public.

(2) All such regulations shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one district may
differ from those in other districts.

(3) Such regulations shall be made in accordance with a compre-
hensive plan, and designed to lessen congestion in the streets, to secure
safety from fire, panic and other dangers, to promote health and the
general welfare; to provide adequate light and air; to prevent the over-
crowding of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements. Such regulations shall be made with
reasonable consideration among other things, to the character of the dis-
trict and its peculiar suitability for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the city.

(4) The council of the city of Roanoke shall provide for the manner
in which such regulations and restrictions and the boundaries of such
districts shall be determined, established and enforced, and from time
to time amended, supplemented or changed. However, no such regulation,
restriction or boundary shall become effective until after a public hearing
in relation thereto, at which parties in interest and citizens shall have an
opportunity to be heard. At least fifteen days notice of the time and
place of such hearing shall be published in a paper of general circulation
in said city, or in a city official bulletin as provided in § 43 of this charter.

(5) Such regulations, restrictions, and boundaries may from time to
time be amended, supplemented, changed, modified, or repealed. In case,
however, of a protest against such change signed by the owners of twenty
per centum or more either of the area of the lots included in each
proposed change, or of those immediately adjacent in the rear thereof,
or of those directly opposite thereto, such amendment shall not become
effective except by the favorable vote of five-sevenths of all the members
of the council. The provisions of the previous section relative to public
hearings and official notice shall apply equally to all changes or amend-
ments.

(6) The council of the city of Roanoke shall appoint a commission to
be known as a zoning commission to recommend the boundaries of the
various original districts and appropriate regulations to be enforced there-
in. Such commission shall make a preliminary report or reports and hold
public hearings thereon before submitting its final report, and the council
of the city of Roanoke shall take such action on said preliminary report
or reports, and also on the final report of the commission, as it shall deem
necessary.

(7) The council of the city of Roanoke may appoint a board of zoning
appeals, and in the regulations and restrictions adopted pursuant to the
authority of this Act may provide that the said board of zoning appeals
may, in appropriate cases and subject to appropriate conditions and safe-
guards, vary the application of the terms of the ordinance in harmony
with its general purpose and intent and in accordance with general or
specific rules therein contained.

(8) The board of zoning appeals shall consist of five members, each
to be appointed for a term of three years and removable for cause by the
appointing authority, upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant.

(9) The board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this Act. Meetings of the board
shall be held at the call of the chairman and such other times as the
board may determine. Such chairman, or in his absence, the acting chair-
man, may administer oaths and compel the attendance of witnesses. All
meetings of the board shall be open to the public. The board shall keep
minutes of its proceedings showing the vote of each member upon each
question, or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which
shall pe immediately filed in the office of the board, and shall be a public
record.

(10) Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of the
city affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time as provided by the rules of the
board by filing with the officer from whom the appeal is taken and with
the board of zoning appeals a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith trans-
mit tq the board all papers constituting the record upon which the
action appealed from was taken.

(11) An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the board of zoning appeals after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In such
case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the board of zoning appeals or by a court
of record on application, and notice to the officer from whom the appeal
is taken and on due cause shown.

(12) The board of zoning appeals shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as due notice
to the parties in interest, and decide the same within a reasonable time.
Upon the hearing any party may appear in person or by agent or by
attorney.

(13) The board of zoning appeals shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by administrative
official in the enforcement of this Act or of any ordinance adopted pur-
suant thereto.

(b) To hear and decide special exceptions to the terms of the ordi-
nance upon which such board is required to pass under such ordinance.

(c) To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public interest
where owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, and so that the
spirit of the ordinance shall be observed and substantial justice done.

(14) In exercising the above mentioned powers such board may, in
conformity with the provisions of this Act, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or de-
termination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken.

(15) The concurring vote of three members of the board shall be
necessary to reverse any order, requirement, decision or determination of
any such administrative official, or to decide in favor of the applicant on
any matter upon which it is required to pass under any such ordinance
or to effect any variation in such ordinance.

(16) Any person or persons, jointly or severally, aggrieved by any
decision of the board of zoning appeals, or any officer, department, board
or bureau of the municipality, may present to a court of record of the
city of Roanoke a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty days after
the filing of the decision in the office of the board.

(17) Upon the presentation of such petition, the court may allow
a writ of certiorari directed to the board of zoning appeals to review
such decision of the board of zoning appeals and shall prescribe therein
the time within which a return thereto must be made and served upon
the relator’s attorney, which shall not be less than ten days and may be
extended by the court.: The allowance of the writ shall not stay pro-
ceedings upon the decision appealed from, but the court may, on applica-
tion, on notice to the board and on due cause shown, grant a restraining
order.

(18) The board of zoning appeals shall not be required to return

the original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may be
called for by such writ. The return shall concisely set forth such other
facts as may be pertinent and material to show the grounds of the de-
cision appealed from and shall be verified.
(19) If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take evidence
or appoint a commissioner to take such evidence as it may direct and
report the same to the court with his findings of fact and conclusions of
law, which shall constitute a part of the proceeding upon which the de-
termination of the court shall be made. The court may reverse or affirm,
wholly or partly, or may modify the decision brought up for review.

(20) Costs shall not be allowed against the board, unless it shall
appear to the court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.

(21) All issues in any proceeding under this section shall have pre-
ference over all other civil actions and proceedings, except where other-
wise provided by general law.

(22) In case any building or structure is erected, constructed, re-
constructed, altered, repaired, or converted; or any building, structure or
land is used in violation of this Act or of any ordinance or other regula-
tion made under authority conferred hereby, the proper authorities of
the city, in addition to other remedies, may institute any appropriate
action or proceeding to prevent such unlawful erection, construction, re-
construction, alteration, repair, conversion, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure or
land, or to prevent any illegal act, conduct, business or use in or about
such premises.

(23) Said regulations shall be enforced by the division of building
inspection which is empowered to cause any building, structure, place or
premises to be inspected and examined and to order in writing the remedy-
ing of any condition found to exist therein or thereat in violation of any
provision of the regulations made under authority of this or the preceding
paragraph. The owner or general agent of the building or premises where
a violation of any provision of said regulations has been committed or
shall exist, or the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist, or the owner,
general agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violations shall exist shall be guilty of a
misdemeanor, punishable by a fine of not less than ten dollars and not
more than one hundred dollars, if the offense be not willful, or not more
than two hundred and fifty dollars if the offense be willful, and in every
case a fine of ten dollars for each day after the first day that such violation
shall continue. In any case of the existence of a violation of any pro-
vision of said regulations the owner, lessee, tenant or agent shall be sub-
ject to a civil penalty of fifty dollars. Any such person who having been
served with an order to remove any such violation, shall fail to comply
with said order within ten days after such service or shall continue to
violate any provisions of the said regulations in the respect named in
such order shall also be subject to a civil penalty of two hundred and
fifty dollars.

&§ 63. Power to appoint boards or commissions of citizens.

The council may provide for the appointment of boards or commis-
sions, to be composed of such number of citizens as the council may deem
expedient to act in an advisory capacity in conjunction with any one or
more of the officers of the city. The members of all such commissions
shall serve without compensation.

§ 64. Working prisoners.

Subject to the general laws 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 Roanoke.

§ 65. Pensions, relief and retirement funds.

The council shall maintain and preserve the systems for the pension,
relief and/or retirement of employees of the city existent on the effective
date of this charter and none of the privileges and benefits provided for
or available to the members of such systems shall be curtailed or lessened;
provided, however, that the council shall, from time to time, by ordinance,
make such reasonable changes in said systems as will keep them actuari-
ally sound and may, likewise, increase the privileges and benefits provided
for or available thereunder to the members thereof; and provided, fur-
ther, that the council may, at any time, limit the operation of such
systems to those employees who are members thereof on the effective date
of such limitation.

The council of said city shall continue to have authority to establish
and maintain a fund or funds for the pension, relief and/or retirement
of persons in the service of the city; to receive gifts, devises and be-
quests of money or property for the benefit of such fund or funds; to
make contributions of public moneys thereto on such terms and condi-
tions as it may see fit; and to make rules and regulations for the manage-
ment, investment and administration of such fund or funds not incon-
sistent with this charter.

In addition, the council shall have authority, by ordinance, to pro-
vide for the participation of the city and its employees, the employees
of the school board and the employees of any board or commission estab-
lished by the council, in any welfare, relief, retirement, or security pro-
gram established by the Congress of the United States or by the General
Assembly of Virginia.

The council may, in its discretion, provide for participation in any
pension or retirement fund by any deputies or employees of the commis-
sioner of the revenue, treasurer, Commonwealth’s attorney, the clerk of
courts or city sergeant, whose salaries are paid in whole or in part by
the city, and allow them to participate in any such welfare, relief, re-
tirement or security program.

§ 66. 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 here-
after enacted by the council pursuant to authority conferred by this
charter shall be applicable to the said city; provided, however, that noth-
ing contained in this charter shall be construed as limiting the power
of the council to enact any ordinance or resolution not in conflict with
Te oo of the State or with the express provisions of this
charter.

§ 67. Attorney for Commonwealth to prosecute violations of ordi-

nances.

The said attorney for the Commonwealth shall prosecute the viola-
tions of all city ordinances, both in the municipal court and upon appeal,
and shall notify the city attorney in all such prosecutions in which the
validity of a city ordinance is attacked.

8 68. Present ordinances and rules and regulations continued in

effect.

All ordinances and resolutions of the city and all rules, regulations
and orders legally made by any department, board, commission or of-
ficer of the city, in force at the effective date of this charter, insofar
as they or any portion thereof are not inconsistent therewith, shall re-
main in force until amended or repealed.

& 69. Continuance of officials and officers.

xcept where this charter may otherwise provide, all officials and
officers of the city holding office immediately prior to the effective date
of this charter, whether such office be elective or appointive, shall con-
tinue in such office until the expiration of their respective current term
of office or until their respective successors shall have been elected or
appointed and qualified or until such office may be lawfully terminated.

§ 70. Continuance of internal organization of the city.

Except where this charter may otherwise provide, the several de-
partments, commissions, boards and other administrative units of the
city functioning at the effective date of this charter are hereby continued
until otherwise provided by ordinance.

8 71. Continuance of contracts.

All contracts entered into by the city or 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 legis-
lative 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.

§ 72. 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 in its operations to the clause, sentence,
paragraph, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.

§ 73. Citation of charter. |

This charter may for all purposes be referred to or cited as the
Roanoke Charter of Nineteen Hundred and Fifty-two.

2. Chapter 473 of the Acts of Assembly of 1924, approved March 22,
1924, as amended, is repealed; and all other Acts and parts of Acts in
conflict with this charter are hereby repealed insofar as they affect the
provisions of this charter.

Volume 1952 Law 216

An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.

Volume 1968 Law 99

Law Body