CHAPTER 257

An Act to amend and. reenact §§ 8.01 and 5.10 of Chapter 706 of the
Acts of Assembly of 1952, approved April 8, 1952, which provided a
charter for the city of Warwick, said sections relating, respectively,
to election of councilmen and submission and adoption of the budget;
and to further amend said chapter by adding sections numbered
2.04 to 2.04.4 relating to acquisition of property for public er eesl

2

62]
Approved March 8, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.01 and 5.10 of Chapter 706 of the Acts of Assembly of
1952, approved April 8, 1952, be amended and reenacted and that said
chapter be further amended by adding sections numbered 2.04 to 2.04.4
as follows:

§ 2.04. Acquisition, Ownership and Use of Property.—The city
shall have, for the purpose of carrying out any of its powers and duties,
power to acquire by gift, bequest, purchase or lease, and to own and make
use of within and without the city lands, buildings, other structures and
personal property, including any interest, right, easement, or estate
therein, and in acquiring such property to exercise, within and without
the city, the right of eminent domain, as hereinafter provided.

§ 2.04.1. Eminent Domain.—The city is hereby authorized to ac-
quire by condemnation proceedings lands, buildings, structures and per-
sonal property 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
acquisition because of the incapacity of such owner, or because of the
inability to agree on the compensation to be paid or other terms of settle-
ment or purchase, or because the owner or some one of the owners is a
nonresident of the State or cannot with reasonable diligence be found in
the State or is unknown.

Such proceedings may be instituted in the circuit court of the city
of Warwick if the subject to be acquired is located within the city, or, if
it ts not located within the city, in the circuit court of the county, or
circuit court or corporation court of the city in which it is located. If
the subject is situated partly within the city and partly within any county
the circuit court of such county shall have concurrent jurisdiction in
such condemnation proceedings with the courts of the city hereinbefore
enumerated. The judge or the court exercising such concurrent juris-
diction shall appoint five disinterested freeholders, any or all of whom
reside either in the county or city, any three of whom may act as com-
missioners, as provided by law, provided, however, that the provisions
of § 25-283 of the Code of Virginia shall apply as to any property owned
by a corporation possessing the power of eminent domain that may be
sought to be taken by condemnation under the provisions of this act.

§ 2.04.2. Alternative Procedures in Condemnation.—The city may, in
exercising the right of eminent domain conferred by the preceding section,
make use of the procedure prescribed by the general law as modified by
said section or may elect to proceed as hereinafter provided. In the latter
event the resolution or ordinance directing the acquisition of any property,
as set forth in the preceding section, shall provide therein in 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
is not to be taken but is likely to be damaged, the necessity for the work
or improvement which will cause or is likely to cause such damage. There
shall also be filed with the petition a plat of a survey of the property with
a profile showing cuts and fills, trestles and bridges, or other contemplated
structures if any, and a description of the property which, or an interest
or estate in which, is sought to be taken or likely to be damaged and a
memorandum showing names and residences of the owners and tenants of
the property, if known, and showing also the quantity or 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 and tenants of the property, if known, copies of
which shall be served on such owners and tenants of the freehold of such
property, if known. If the owner or tenant of the freehold be unknown or
a nonresident of the State or cannot with reasonable 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 courthouse. The publication shall
in all 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 vested absolutely in the city and such owner shall have such interest
or estate in the funds so deposited as he had in the property taken or
damaged and all liens by deed of trust, judgment or 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 purposes 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 distribution of such funds to the persons entitled thereto; 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 commis-
stoner in order to ascertain what persons are entitled to such funds and
tn what proportions and may direct what notice shall be given of the
making of such inquiries by such special commissioner.

If the city and the owner cannot agree upon the compensation for
the property taken or damaged, if any, upon the filing of a memorandum
in the clerk’s office of said court to that effect, signed by either the city
or the owner, the court shall appoint commissioners provided for in
§§ 25-12 to 25-15, inclusive, of the Code of Virginia, or as provided for
tm 8 2.04.1, and all proceedings thereafter shall be had as provided
in §§ 25-12 through 25-21 and §§ 25-28 through 25-88 of the Code of
Virginia, insofar as they are then applicable and are not inconsist-
ent 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 addi-
tional funds as appear to be necessary to cover the award of the commis-
stoners 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 improve-
ments 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.

§ 2.04.8. Enhancement in Value, When Considered.—In all cases
under the provisions of §§ 2.04.1 and 2.04.2, the enhancement, if any, in
value of the remaining property of the owner by reason of the construc-
tion or improvement 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.

§ 2.04.4. 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 § 2.04.1, in any condemnation
proceeding instituted therein by the city, without any claim having been
asserted thereto such court shall, where the amount is one hundred dollars
or more, cause a publication to be made once a week for two successive
weeks in a newspaper of general circulation in the city, setting forth the
amount of such money, the source from which it was derived and the
proceeding in which it is held, and requiring all persons having any claim
to said money to appear before said court within such time after the
completion of the publication as the court may prescribe, and establish
their claim. If the sum be less than one hundred dollars the court shall
direct the same to be paid into the treasury of the city, and a proper
receipt for the payment taken and filed among the records of the pro-
ceeding. If no person shall appear and show title in himself the court
shall order the money, after deducting therefrom the costs of such publi-
cation if such publication is made, and any other proper charges, to be
paid into the treasury of the city and a proper receipt for the payment
to be taken and filed among the records of the proceeding. The director
of finance shall, in a book provided for the purpose, keep an account of
all money thus paid into the city treasury, showing the amount thereof,
when, by whom, and under what order it was paid, and the name of the
court and as far as practicable, a description of the suit or proceeding in
which the order was made, and, as far as known, the names of the parties
entitled to said funds. Money thus paid into the treasury of the city
shall be paid out on the order of the court having jurisdiction of the pro-
ceeding, to any person entitled thereto who had not asserted a claim
therefor in the proceeding in which it was held, upon satisfactory proof
that he is entitled to such money. If such claim be established the net
amount thereof, after deductions of costs and other proper charges, shall
be paid to the claimant out of the treasury of the city on the warrant of
the director of finance. No claim to such money shall be asserted after
ten years from the time when such court obtained control thereof, pro-
vided, however, if the person having such claim was an infant, insane,
or imprisoned at the time the claim might have been presented or asserted
by such person, claim to such money may be asserted within five years
after the removal of such disability.

§ 3.01. Election of Councilmen.—As of the date this charter be-
comes effective the three members of the board of supervisors of the
county of Warwick shall constitute the council of the city of Warwick.
Within sixty days after the effective date of this charter the council shall
divide the city of Warwick into five wards, each having approximately
the same number of inhabitants, and a description of the wards shall be
recorded in the journal of the council. On the second Tuesday in June
following the expiration of the above-mentioned sixty-day period, there
shall be a general city election at which time there shall be elected two
councilmen-at-large who may be residents of, but must be qualified voters
of, any ward of the city of Warwick. The five member council thus created
shall serve in such form from July first following the election of the two
councilmen-at-large herein prescribed and only during the first four vear
term of office next following adoption of this charter unless amended as
hereinafter provided. Subsequent councilmanic elections shall entitle each
of the five wards of the city of Warwick to a councilman, who shall be a
resident and qualified voter of the ward from which he is elected, but all
councilmen shall be elected by the qualified voters of the city at large.
Such subsequent councilmanic elections shall be held every four years on
the second Tuesday in June with the terms of the councilmen elected at
such elections beginning July first following their election. The candidate
from each ward receiving the highest number of votes cast in the city at
large shall be declared elected. The general laws of the Commonwealth
relating to the conduct of elections, as far as pertinent, shall apply to the
conduct of the genera] municipal election.

If a petition requesting the submission of an amendment to § 8.01 of
the charter of the city of Warwick, which provides for the election of
councilmen elected at large, as hereinafter provided, signed by the qualified
CH. 257] ACTS OF ASSEMBLY 295

voters equal in number to ten per cent of the votes cast in the preceding
general election held in the city is filed with the clerk of the circuit court
of the city of Warwick, he shall forthwith certify that fact to the judge
of the circuit court of the city of Warwick. The court or judge thereof in
vacation shall order an election to be held not less than thirty nor more
than sixty days after such receipt in which said proposed amendment shall
be submitted to the qualified voters of the city for their approval or
disapproval. . .

Under the council-at-large plan there shall be a general councilmanic
election on June 11, 1957, at which time there shall be elected a council
of five members who shall be elected at large from the qualified voters of
the city for terms of four years each. The five member council so elected
shall take office on July 1, 1957, and thereafter there shall be a general
councilmanic election every four years, held on the second Tuesday in
June with the candidates receiving the highest number of votes being
declared elected, and with the terms of councilmen elected at such elections
beginning July 1 following their election and continuing for a term of
four years. The council shall be a continuing body and no measure pending
before it shall abate or be discontinued by reason of the expiration of the
term of office or removal of the members of the body or any of them.
Vacancies in the office of councilmen shall be filled in accordance with
§ 3.02 hereof and a mayor and vice mayor shall be elected in accordance
with § 8.07 hereof.

The election so ordered by the court or judge thereof in vacation
shall be conducted and results thereof ascertained and determined in the
manner provided by law for the conduct of general elections and by the
regular election officials of the city. It is hereby made the duty of the
regular election officials of the city to prepdre the ballots and provide
for the submission of the question to the voters at the election. The ballots
shall be printed and voted in accordance with the provisions of § 24-141
of the Code of Virginia. The question to be voted on shall be printed in
separate lines thus:

CJ For council-at-large plan

[] For council by ward elected at large plan

Returns of the election shall be certified by the commissioners of
election to the circuit court of the city or the judge in vacation and an
order shall be entered of record setting forth the legislative plan adopted
by a majority vote of the electorate at the election, a copy of which shall
be forthwith certified by the clerk of the court to the council for recorda-
tion in its journal.

Such election may be contested and the proceedings for the contest
shall conform as nearly as may be to the provisions of § 15-58 of the Code
of Virginia.

§ 5.10. Submission and Adoption of Budget.—Not later than the
* fifteenth day of April annually, the city manager shall prepare and sub-
mit to the council a budget presenting a financial plan for conducting the
affairs of the city for the ensuing fiscal year. Such budget shall be set up
in the manner provided by law, and shall include such information as the
council by ordinance or resolution may require. Hearings on the budget
shall be held and notice thereof given and the budget adopted in accordance
with general laws of the Commonwealth, provided that the tax levy for
each fiscal year shall be made, and the budget for each fiscal year shall
be adopted, prior to the first day of the fiscal year for which made or
adopted.

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