CHAPTER 85

An Act to amend Chapter 39 of the Acts of Assembly of 1932, approved
February 20, 1982, which provided a new charter for the city of
Winchester, by adding §§ 1.01, 1.02, 1.03 and 3.01, and to amend and
reenact §§ 17, 18, and 24 as amended, of said chapter, the new and
the amended sections relating to the assessment and collection of
licenses and taxes, the acquisition of property for public purposes,
police and welfare powers, the office of vice-mayor, the laying out of
streets and the pavement and repair of sidewalks, bond issues and
indebtedness, and civil and police justices. 'S 6]

Approved March 1, 1954
Be it enacted by the General Assembly of Virginia:

1. That Chapter 39 of the Acts of Assembly of 1932, approved February
20, 1932, be amended by adding §§ 1.01, 1.02, 1.03 and 3.01, and that
§§ 17, 18, and 24 as amended, of said chapter be amended and reenacted
as follows:

§ 1.01. Assessment and Collection of Licenses and Taxes. In addition
to the powers granted by other sections of this charter the city shall have
the power to raise annually by taxes and assessments in the city such sums
of money as the council shall deem necessary to pay the debts and defray
the expenses of the city, in such manner as the council shall deem ex-
pedient, provided that such taxes and assessments are not prohibited
by the laws of the Commonwealth. In addition to, but not as a limitation
upon, this general grant of power the city shall, when not prohibited by
the laws of the Commonwealth, have power to levy and collect ad valorem
taxes on real estate and tangible personal property and machinery and
tools, and a capitation tax not exceeding one dollar per annum on each
resident of the Commonwealth within the limits of the city; to levy and
collect taxes for admission to or other charge for any public amusement,
entertainment, performance, exhibition, sport or athletic event in the city,
which taxes may be added to and collected with the price of such admission
or other charge; to levy on and collect taxes from purchasers of any public
utility service used within the city, which taxes may be added to and
collected with the bills rendered purchasers of such service; to require
licenses, prohibit the conduct of any business or profession without such
a license, require taxes to be paid on such licenses in respect of all businesses
and professions which cannot, in the opinion of the council, be reached by
the ad valorem system; and to require licenses of resident owners of vehicles.
of all kinds for the privilege of using the streets, alleys and other public
places in the city, require taxes to be paid on such licenses and prohibit
the use of streets, alleys and other public places in the city without such
license; provided, however, that nothing herein contained shall be con-
strued as permitting the city to levy and collect directly or indirectly a
tax on payrolls.

§ 1.02. Acquisition of Property for Public Purposes. (a) Eminent
Domain.—The city is hereby authorized to acquire within the city by
condemnation proceedings lands, buildings, structures and personal prop-
erty or any interest, right, easement or estate therein, of any person or
corporation, whenever in the opinion of the council a public necessity
exists therefor, which shall be expressed in the resolution or ordinance
directing such acquisition, and whenever the city cannot agree on terms
of purchase or settlement with the owners of the subject of such acquist-
tton because of incapacity of such owner, or because of the inability to
agree on the compensation to be paid or other terms of settlement or
purchase, or because the owner or some one of the owners is a nonresident
of the State and cannot with reasonable diligence be found in the State
or 7s unknown.

Such proceedings may be instituted in the Corporation Court of the
city of Winchester. The court or the Judge thereof, shall appoint five
disinterested freeholders any three of whom may act as commissioners as
provided by law.

(b) Alternative Procedures in Condemnation.—The city may, in exer-
cising the right of eminent domain conferred by subsection (a) make use of
the procedure prescribed by the general law of the Commonwealth as modt-
fied by subsection (a) or may elect to proceed as hereinafter provided. In
the latter event, the resolution or ordinance directing acquisition of any
property, as set forth in the preceding section, shall provide therein a lump
sum the total funds necessary to compensate the owners thereof for such
property to be acquired or damaged. Upon the adoption of such resolution
or ordinance the city may file a petition in the clerk’s office of a court
enumerated in the preceding section, having jurisdiction of the subject,
which shall be signed by the city manager and set forth the interest or
estate to be taken in the property and the uses and purposes for which the
property or the interest or estate therein is wanted, or when property ts
not to be taken but is likely to be damaged, the necessity for the work or
smprovement which will cause or is likely to cause such damage. There
shall also be filed with the petition a plat of a survey of the property with
a profile showing cuts and fills, trestles and bridges, if any, and a descrip-
tion of the property which, or an interest or estate in. which, is sought to
be taken or likely to be damaged and a memorandum showing names and
residences of the owners of the property, if known, and showing also the
quantity of property which, or an interest or estate in which, is sought to
be taken or which will be or is likely to be damaged. There shall be filed
also with said petition a notice directed to the owners of the property,
if known, copies of which shall be served on such owners or tenants of the
freehold of such property, if known. If the owner or tenants of the
freehold be unknown or a nonresident of the State or cannot with reason-
able diligence be found in the State, or if the residence of the owner or
tenant be unknown, he may be proceeded against by order of publication
which order, however, need not be published more than once a week for
two successive weeks and shall be posted at a main entrance to the court-
house. The publication shall in all other respects conform to §§ 8-71, 8-72
and 8-76 of the Code of Virginia.

Upon the filing of said petition and the deposit of the funds provided by
the council for the purpose in a bank to the credit of the court in such
proceedings and the filing of a certificate of deposit therefor, the interest
or estate of the owner of such property shall terminate and the title to
such property or the interest or estate to be taken in such property shall be
rested absolutely in the city and such owner shall have such interest or
estate in the funds so deposited as he had in the property taken or damaged
and all liens by deed of trust, judgment or otherwise upon said property or
estate shall be transferred to such funds and the city shall have the right
to enter upon and take possession of such property for its uses and pur-
poses and to construct its works or improvements. The clerk of the court
in which such proceeding is instituted shall make and certify a copy of the
petition, exhibits filed therewith, and orders, and deliver or transmit the
same to the clerk of the court in which deeds are admitted to record, who
shall record the same in his deed book and index them in the name of the
person or persons who had the property before and in the name of the city,
for which he shall receive the same fees prescribed for recording a deed,
which shall be paid by the city.

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

If the city and the owner cannot agree upon the compensation for the
property taken or damaged, if any, upon the filing of a memorandum in
the clerk’s office of said court to that effect, signed by either the city or
the owner, the court shall appoint commissioners provided for in § 25-12
of the Code of Virginia or as provided for in subsection (a) hereof, and all
proceedings thereafter shall be had as provided in 8§ 25-12 through 25-88
or §§ 33-59 through 33-67 of the Code of Virginia insofar as they are then
applicable and are not inconsistent with the provisions of this and the
preceding section, and the court shall order the deposit in bank to the
credit of the court of such additional funds as appear to be necessary to
cover the award of the commissioners or shall order the return to the city
of such funds deposited that are not necessary to compensate such owners
for property taken or damaged. The commissioners so appointed shall not
consider improvements placed upon the property by the city subsequent to
its taking nor the value thereof nor the enhancement of the value of said
property by said improvements in making their award.

(c) Enhancement in Value When Considered.—In all cases under the
provisions of subsection (b) hereof, the enhancement, if any, in value of
the remaining property of the owner by reason of the construction or tm-
provement contemplated or made by the city, shall be offset against the
damage, if any, resulting to such remaining property of such owner by
reason of such construction or improvement, provided such enhancement
in value shall not be offset against the value of the property taken, and
provided further, that if such enhancement in value shall exceed the
damage there shall be no recovery over against the owner for such excess.

(d) Unclaimed Funds in Condemnation Cases.—Whenever any money
shall have remained for five years in the custody or under the control of
any of the courts enumerated in subsection (a) hereof,in any condemnation
proceeding instituted therein by the city, without any claim having been
asserted thereto such court shall act in accordance with §§ 8-746 and 8-747
of the Code of Virginia.

§ 1.08. Police and Welfare Powers. The city shall have power to
exercise full police powers and to enact any ordinances and regulations to
preserve and further the public peace, order, health, morality, safety,
security and welfare of its inhabitants, provided such ordinances and
regulations are not inconsistent with this charter or prohibited by the
general laws of the Commonwealth.

§ 8.01. Office of vice-mayor. The common council may by ordinance
create the office of vice-mayor who shall act in all official matters of the
city in the absence of the mayor. The vice-mayor shall be a member of
the common council and shall be elected by the common council for a term
of one year. In the absence of the mayor the vice-mayor shall have,
possess and exercise the same rights and powers and be subject to the
same duties and limitations as are provided by law for the office of mayor,
provided, however, that, in the event the office of mayor becomes vacant,
the vice-mayor shall only act during the interim until a new mayor ts
elected in the manner provided by § 23 of this Charter.

_ § 17. Laying out streets; pavement and repair of sidewalks upon
existing streets. (a) The council may establish, open, widen, extend, grade,
wmprove, construct, maintain, alter or close public highways and streets and
regulate the use thereof. No property within the corporate limits of the
city or within two miles of the limits, as now or hereafter established, shall
be laid out with streets or alleys thereon, except upon a plan or plat to be
submitted to the city manager and approved by the council. Said plat or
plan shall, if so approved by the council, be recorded in the clerk’s office of
the corporation court of the city within sixty days after approval. The
council may, after said approval, require the owner to lay out and establish
proper building lines on the platted land and to show on the plat that all
conveyances of lots shown on the plat are to be made with reference to
such building lines, for the benefit of the respective lot owners of the city.
The city shall not be liable for any accidents or damages which may occur
or be sustained upon any such street, alley, boulevard or way, heretofore or
hereafter laid out, until the same has been finally accepted by the council
by proper ordinance.

(b) The council shall have the power to cause the footways or side-
walks upon the existing streets of the city to be paved, repaved and re-
paired, at the expense of the abutting owners or occupiers of the lots or
parts of lots; provided the assessment so imposed shall not be in excess of
the peculiar benefits resulting therefrom to such abutting landowners; and
mm case they or either of them shall neglect or refuse to pave, repave or
repair the sidewalks when required, it shall be lawful for the council to
have the same paved, repaved or repaired, and recover the expense thereof
before the Trial Justice or the Corporation Court, and in all cases where a
tenant is required to pave in front of the property in his or her occupation,
the expense of the paving so done shall be a good offset against so much of
the rent as he or she shall have paid toward such paving, but no tenant
shall be required to pay more for or on account of such paving than such
tenant may owe at the time of the commencement of said work, or as may
become due to the end of his or her tenancy, provided that no owner, or
occupier of a lot or lots in front of which paving is laid shall be required to
repave or repair said footways or sidewalks, in whole or in part, at his own
expense oftener than once in five years.

§ 18. Bond issues; limitation of indebtedness. The council may, in
the name and for the use of the city, cause to be issued certificates of debt
or bonds for making any public improvements and for purchasing and
acquiring land or other property for school purposes, for public school
buildings and equipment thereof, for fire houses and necessary equipment,
for the erection of necessary buildings, construction of viaducts, streets,
drains, sewers, parks and other public improvements, provided, that no
such certificates of debt or bonds shall be issued except by an ordinance
adopted by a majority vote of all members of the council and endorsed by a
majority vote 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 the general laws of the State now made and provided or hereafter
adopted. * All bonds so issued shall be signed by the president of the
council and the treasurer of the city and the seal of the city shall be affixed
and attested by the city clerk. Said bonds shall be sold by resolution of
the council and the proceeds used for purposes for which issued, under the
direction of the council. Every such bond or other obligation issued by
the council hereunder 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 the same are issued. In the issuance of bonds and other
interest bearing obligations the city shall be subject to the limitations as to
amount and the manner of ascertaining such limited amount as provided
mn § 127 of the Constitution of the Commonwealth of Virginia.

§ 24. The common council of the city of Winchester shall, on or before
the first day of July, nineteen hundred and forty-two, elect a civil and police
justice for the city of Winchester, for a term ending the thirty-first day of
December, nineteen hundred and forty-five, and in the month of December,
nineteen hundred and forty-five and every four years thereafter, the com-
mon council shall elect a civil and police justice for the city, for a term of
four years, beginning the first day of January next succeeding his election.

Such civil and police justice shall have and possess the same powers,
authority and jurisdiction as are now, and may hereafter be conferred by
law upon and vested in civil and police justices of cities of the first class.

There shall be a substitute civil and police justice and the same shall be
appointed by the Corporation Court for the city of Winchester pursuant
to the provisions of general law pertaining to civil and police justices of
cities of the first class, who shall have the same powers, authority and
jurisdiction as the civil and police justice.

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