CHAPTER 73

An Act to amend and reenact 8§ 2, 4, 5, 6, 8, 28, 81, 84, 47 and 57, aa
severally amended, of Chapter 216 of the "Acts of Assembly of 1952,
approved March 7, 1952, which provided a new charter for the city
of Roanoke, the sections relating to powers of the city, composition
of councu and vacancies, qualification of members and conduct of
candidates, compensation of the mayor and councilmen, officers elective
by councd and its rules, clerk of the municipal court and deputy clerks,
police department, the annual appropriation, bond issues, and courts
and certain police power and jurisdiction beyond corporate limits; and
to amend said chapter by adding a section numbered 21.1, relating
to the appointment of an assistant city manager. —

[ ]

Approved March 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 2, 4, 5, 6, 8, 28, 31, 34, 47 and 57, as severally amended, of
Chapter 216 of the Acts of Assembly of 1952, approved March 7, 1952, be
amended and reenacted; and that said chapter be amended by ‘adding a
section numbered 21.1, the amended and new sections being as follows:

§ 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 * the city such
sums of money as the council hereinafter provided for shall deem neces-
sary for the purposes of * the city and in such manner as * the 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 *

(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 ex-
ceeding 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 commercial uses and purposes.

(7) To make and maintain public improvements of all kinds, includ-
ing municipal and other public buildings, armories, markets, comfort sta-
tions 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, forestalling and regrading, 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 continue 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
merchandise, and shall have authority to levy and collect a license tax
for the sale of fresh meats and fresh fish, and may impose a curbage tax
for each vehicle containing farm and domestic products brought into said
city and sold or offered for sale on the market, and to acquire by con-
demnation or otherwise all lands, riparian and other rights and easements
necessary 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
condemnation 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 stations 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 mate-
rial for any such use. For any of the purposes aforesaid said city may, if
the council shall so determine, acquire by condemnation, purchase or other-
wise, any estate or interest in such lands or any of them, or any right or
easement therein, or may acquire such lands or any of them in fee, reserv-
ing 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 inspec-
tors 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 pur-
poses, or use in the homes, of the inhabitants of the city, to compel any
such water company, which owns or operates such reservoirs, watersheds,
filtering plants, pumps and pumping machinery or other equipment or
source or sources of said water supply to pay the reasonable cost of such

rs; 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 requiring 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 imme-
diately 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,
tnat 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 proceedings
to have determined whether or not any such expenditure which may have
been so made by said city was made through abuse of discretion or without
probable cause to believe said expenditure a necessary one for the pro-
tection of the city’s water supply; and if in any such proceeding it shall be
fmally 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 reimbursement for said
expenditure; and provided, further, that if said expenditure be found not
a necessary one the city shall be entitled to receive from said water com-
pany by reason of said expenditure only such amount as under a quantum
meruit it may be determined the said water company has received actual
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 sme]] 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, affect-
ing 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 else-
where, but any existing powers, duties or jurisdiction of the State Cor-
poration 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, boule-
vards and parkways, and to alter, or close the same; to establish and
maintain parks, playgrounds and other public grounds; to construct, main-
tain and operate 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,
and abolish and prevent grade crossings over the same by railroads in the
manner provided by law; regulate the operation and speed of all cars and
vehicles using the same, as well as the operation and speed of all engines,
cars and trains on railroads within the city; to provide by ordinance for
the removal from such streets, highways, alleys, boulevards, parkways
and other public places of vehicles and other objects abandoned thereon
or left or placed thereon in violation of law or of an ordinance of the city,
and to take charge of, impound and thereafter dispose of by sale or other-
wise, such vehicles or other objects, any such sale to be held only after
the owner or person lawfully entitled to the possession thereof shall have
refused to pay the costs of such removal and keeping or after such vehicle
or other object shall have remained unclaimed in the custody of the city
for not less than sixty days, and, in either case, after notice of such sale,
describing the vehicle or object to be sold, shall have been published for
not less than five days in a local daily newspaper of general circulation,
and to recover the costs of such removal, keeping and sale; to provide for
the condemnation and scrapping or other disposition of abandoned or
unclaimed motor vehicles which, by reason of damage or dilapidation,
are unsafe and impracticable of repair; to regulate the service to be
rendered and rates to be charged by busses, motorcars, cabs and other
vehicles for the carrying of passengers and by vehicles for the transfer
of baggage; to require all telephone and telegraph wires and all wires
and cables carrying electricity to be placed in conduits underground and
prescribe rules and regulations for the construction and use of such con-
duits; and to do all other things whatsoever adapted to make said streets
and highways safe, convenient and attractive.

(18) 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 acquire
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, car-
casses of dead animals and other refuse, and to acquire and operate reduc-
tion 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 control the installation, alteration and repair of all combustion equip-
ment *, and to control and prohibit pollution 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 slaughterhouses or other
noisome or offensive business within said city; the keeping of animals,
poultry and other fowl] therein, or the exercise of any dangerous or
wwholesome business, trade or employment therein; to regulate the
transportation 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 det-
rimental 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
dffensive 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 shal]
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
bale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline,
nitroglycerine, camphene, burning fluid, and all explosive or combustible
materials, the exhibition of fireworks, the discharge of firearms, the use
of candles and lights in barns, stables and other buildings, the making
of bonfires and the carrying of concealed weapons, and to regulate the
mh over its streets of dangerous, explosive, or highly combustible

erials,

(19) To regulate or prohibit the running at large in said city of any
or all animals and fowl; to regulate or prohibit 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; to prohibit or regulate the keeping or
raising of pigeons or other birds; and to provide for the seizure, im-
pounding, destruction or disposition of any such animal or fowl found
running at large or raised or kept in violation of such regulation.

(20) To restrain and punish drunkards, vagrants, mendicants and
“ trea and to provide for the treatment of drunkards, alcoholics

g

(21) To prevent vice and immorality; to preserve public peace
and good order, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill fame, gambling houses and
gambling devices of all kinds, to prevent lewd, indecent or 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 ren-
der 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 here-
after 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 build-
ings within such limits shall be constructed of stone, natural or artificial,
concrete, 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 adulterated,
impure or otherwise dangerous to health, and to condemn, seize and destroy
or otherwise dispose of any such article or thing without liability to the
owner thereof, to prevent the introduction or spread of contagious or
infectious diseases; and prevent and suppress diseases generally; to pro-
vide 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 department of health, to have
the powers of a board of health, for said city, with the authority necessary
for the prompt and efficient performance of its duties, with power to invest
any or all the 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
regulations, or any of them, by fine not exceeding five hundred dollars
or imprisonment not exceeding twelve months, or both, the city may
maintain a suit to restrain by injunction the violation of any ordinance
notwithstanding 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.

§ 4. Composition of council; vacancies.

The Council as presently composed shall continue and shall consist
of seven members, one of which shall be the mayor, all of whom shall be
elected at large and shall serve for the respective terms as hereinafter
provided. The members of council shall serve for a term of four years,
from the first day of September next following the date of their election
and until their successors shall have been elected and qualified. The mayor
shall serve for a term of four years from the first day of September next
following the date of election and until a successor shall have been elected
and qualified; provided, however, * that on the second Tuesday in June,
nineteen hundred sixty-six, and on said day each four years thereafter,
three councilmen shall be elected for a term of four years, and on the
second Tuesday in June, nineteen hundred sixty-eight, and each four
years thereafter, three councilmen and a mayor shall be elected for a
term of four years.

The member of council receiving the largest number of votes in the
election at which the mayor is elected shall be the vice-mayor of the city.

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.
* No person may be a candidate for the office of mayor and for the office
of councilman in the same election.

Vacancies in the council shall be filled within thirty days, and until
the first day of September next following the next regular councilmanic
election, by a majority vote of the remaining members of council, and
if as much as two years of any such unexpired term of a member of
council remains at the time of such regular councilmanic election, a
councilman shall be elected at said election for the remaining portion of
such unexpired term. Vacancy in the office of mayor shall be filled within
thirty days, and until the first day of September following the regular
councilmanic election, by a majority vote of the members of council, and
if as much as two years of any such unexpired term of the mayor remains
at the time of such next regular councilmanic election, a mayor shall be
elected at said election for the remaining portion of such unexpired term.
In the event the mayor is appointed from the members of the council
and elects to serve as such, he shall immediately tender his resignation
as a member of council and the vacancy created thereby shall be filled for
the unexpired term within thirty days by a majority vote of the members
of council remaining, and if as much as two years of any such unexpired
term of a member of council chosen as mayor remains at the time of the
next regular councilmanic election, the councilman shall be elected at said
election for the remaining portion of such unexpired term. In the event
of a vacancy in the office of vice-mayor, the vacancy shall be filled by a
majority vote of the remaining members of council from its membership.

§ 5. Qualification of members; conduct of candidates.

Any person qualified to vote in said city shall be eligible to the office
of councilman or mayor therein *. No candidate for the office of councilman
or mayor shall promise any money, office, employment or other thing of
value, to secure a nomination or election, or accept 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 ex-
ceeding 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 of votes, who has not violated the said provisions shall
be entitled to said office.

§ 6. Compensation of the mayor and of councilmen.

Effective * July one, nineteen hundred sixty-* siz, the salary of the
mayor shall be * siz thousand dollars per year and that of the vice-mayor
and of each other councilman shall be * three thousand dollars per year.
Such salaries shall be payable in equal monthly installments.

§ 8. Officers elective by council; rules.

The council shall 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. Unless herein otherwise specifically provided, 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 members for mis-
conduct 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. *

§ 21.1. Assistant city manager.

The council may elect an assistant city manager, to be chosen in the
same manner as is provided in the preceding section of this charter for
the selection of the city manager. He shall be responsible to the city
manager for the administration of all city affairs placed in his charge
by the city manager or under this charter. During the absence, disquali-
fication or disability of the city manager, he shall perform the duties of
that office.

§ 28. Clerk of the municipal court; deputy clerks.

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
warrants 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, forfeitures
and costs imposed by a municipal judge or arising in the administration
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.

In addition, the chief municipal judge may appoint such number of
deputy clerks of the Municipal Court as may from time to time be au-
thorized by ordinance of the council, who shall serve at the pleasure of
the chief municipal judge *. Such deputy clerks shall have the power and
authority to take affidavits, administer oaths and affirmations, issue civil
warrants, abstracts of judgment and subpoenas for witnesses *. Such
warrants, abstracts of judgment and subpoenas shall be signed in the
name of the municipal court by the deputy clerk as such deputy.

§ 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, however,
to the supervision of the city manager and to such rules, regulations and
orders as the said city manager may prescribe. The superintendent or
chief of police shall issue all orders, rules and regulations for the govern-
ment of the whole department. In case of the disability of the superin-
tendent or chief of police to perform his duties by reason of sickness,
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 * any
person appotnted as a patrolman shall be or be required to become a resident
of the city, but the city manager shall report each appointment and re-
moval 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 depart-
ment 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 addition 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 detective 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 commission within the
said city of offenses against the laws of said State, and against the ordi-
nances 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 injury. Such police-
man 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 ay judge or municipal judge of the city, and shall make due return

ereof.

The manager shall prescribe the uniforms and badges for the mem-
bers of the police department, and direct the manner in which the members
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 pre-
scribed as aforesaid, may be subjected to such fine or imprisonment, or
both, as may be prescribed by the council by ordinance.

§ 34. The annual appropriation.

Before the end of each fiscal year, the council shall pass an annual
appropriation ordinance which shall be based on the proposed budget
submitted by the budget commission, and shall levy such tax for the en-
suing 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 § 2 and § 83 of this Charter.

§ 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, school 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 other-
wise 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 * 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 * 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 pre-
pared 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 inhabi-
tants, or for other specific undertaking, from which the city may derive a
revenue, as provided in § 127 of the Constitution of Virginia and
Chapter 358 of the Acts of Assembly of 1918, as amended by Chapter
217 of the Acts of Assembly of 19380, shall be issued except by ordinance
adopted by a majority of all members of council:and approved by the
afirmative 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.
* 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
§ 127 of the Constitution of Virginia and Chapter 858 of the Acts of
Assembly of 1918, as amended by Chapter 217 of the Acts of Assembly
1 .

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.

All bonds issued under the provisions of this section shall be au-
thenticated by the manual signature of the city treasurer and shall bear
the facsimile signature of the mayor and a facsimile of the seal of the
city attested by the facsimile signature of 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.
H 57. Courts; certain police power; and jurisdiction beyond corporate
imits.

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

The city shall have and may exercise all police power granted by
general law or this charter with respect to city-owned land and property
lying beyond the corporate limits of the city.

The municipal court of the city shall have jurisdiction of all offenses
committed within one mile from the corporate limits of the city against
its ordinances prescribing rules and regulations, and penalties for violation
of such rules and regulations, relating to city-owned land and property
beyond its corporate limits. Beyond said one mile limit, the municipal
court having criminal jurisdiction in the municipal corporation wherein
the offense was committed, or the county court of the county wherein such
offense was committed shall have jurisdiction of offenses against the
aforesaid ordinances of the city committed more than one mile from its
corporate limits; and appeals may be taken in such cases to the court of
record having jurisdiction in said other municipality, or county. All fines
and costs assessed upon conviction in said other jurisdictions shall be
paid tnto the treasury of the county or municipality wherein the offense
was committed and tried.

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