CHAPTER 663

An Act to amend and reenact § 4 of Chapter I, as amended, § 19 of
Chapter II, and §§ 2 and 8 of Chapter XII of Chapter 578 of the
Acts of Assembly of 1952, approved April 8, 1952, which chapter
provided a charter for the city of Danville, relating to the powers of
the city, limitations on contracts of members of council or school
board and officers or agents of city with the city, the purposes for
which notes or bonds may be issued and issuance of bonds without

election.
[H 3883]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 4 of Chapter I, as amended, § 19 of Chapter II, and §§ 2 and
8 of Chapter XII of Chapter 578 of the Acts of Assembly of 1952,
approved April 3, 1952, be amended and reenacted, as follows:

CHAPTER I

INCORPORATION, BOUNDARIES AND POWERS
§ 4. 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 assessment in said city on all
ubjects the taxation of which by cities is not forbidden by genera] 1a,
uch sums of money as the council herein provided for shall deem nece:
ary for the purposes of said city, and in such manner as said counc
shall deem expedient, in accordance with the Constitution and laws of th;
State, and of the United States.

(2) The council may impose a tax of one dollar per annum upo:
each male and female resident of the city above the age of twenty-on
ears.
/ (3) The council may impose a tax upon all corporations located ii
the city, or having their principal office therein, or doing business withir
the city, and not exempted by law from taxation. It may impose a tay
on merchants, commission merchants, traders, lawyers, physicians, den.
tists, bankers, brokers, manufacturers, hotel keepers, keepers of eating
houses ; agents for the transaction of any taxable business; and any coop-
erative association, group or corporation organized under Chapter 14 of
Title 18 of the Code of Virginia or organized for the purpose of the sale
of leaf tobacco at public auction or otherwise; and the council may impose
a tax upon any other business, trade, persons, or employment, whether
such business, trade, person or employment be herein specifically enu-
merated or not, and whether any tax be imposed thereon by the State or
not unless prohibited by general law. As to all such business, trade, per-
sons or employment, the council may lay a direct tax, or may require a
license therefor, as may be most expedient and proper, under such regu-
lations as it may prescribe, and levy a tax thereon.

(4) The council may require licenses of 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 to prohibit the
ne of streets, alleys and other public places in the city without such

cense.

(5) The council may subject any person who, without having obtained
a license therefor, shall do any act or follow any employment or business
in the city for which a license may be required by ordinance to such fine
or penalty as it is authorized to impose for violation of any of its laws.

(6) All goods and chattels wheresoever found may be distrained and
sold for taxes assessed and due thereon, and no deed of trust or mortgage
upon goods and chattels shall prevent the same from being distrained and
sold for taxes.

(7) There shall be a lien on real estate for the city taxes assessed
thereon from the commencement of the year for which they are assessed.
The collector of taxes of said city may distrain and sell therefor, in like
manner as a sergeant or city treasurer or other collector may distrain and
sell for state taxes, and shall have in other respects, like power to enforce
the collection of all taxes and assessments properly placed in his hands for
collection.

The council may require the real estate in said city which is delin-
uent for the nonpayment of taxes to be sold for the same, with interest

ereon and such per centum as it may prescribe for charges and expenses
of sale and collection, and may regulate the terms on which rea] estate
may be sold or redeemed; provided, that such sales shall be made after the
manner prescribed by general law.

The council of the city of Danville may provide by ordinance now ir
force, or hereafter adopted, for the collection of city taxes and levies Or
real estate and tangible personal property in installments, at such times
with such penalties for delinquent payments, and with such interest a
not exceeding the rate of six per centum per annum upon the principa
and penalties of all such taxes and levies, or installments thereof, fron
the date such taxes or installments thereof respectively become due, a
may from time to time be fixed and prescribed by ordinance.
Should the collector of the city taxes, or other person designated to
receive same, fail to collect and pay over the said taxes at the time pre-
scribed by the council, he and the sureties on his bond given for the faith-
ful discharge of his duties, their executors and administrators, shall be
liable therefor and the same may be collected or enforced by motion or
action or other remedy prescribed by general law before the Corporation
Court of the City of Danville.

(8) (a) The council shall have the power, in lieu of the means and
methods prescribed by law, to provide by ordinance for the annual assess-
ment and reassessment and equalization of assessments of real estate for
local taxation.

(b) All such real estate shall be assessed at its fair market value
and as of the first day of January of each year such assessor or assessors
shall have the same authority as the assessors appointed under the pro-
visions of the Code of 1950, and shall be charged with duties similar to
those thereby imposed upon such assessors, except that such assessments
or reassessments shall be made annually and the assessments and reassess-
ments so made shall have the same effect as if they had been made by
assessors appointed under the provisions of the Code of 1950. Said annual
assessments or reassessments shall be completed by said assessor or asses-
sors by the thirty-first day of August of the year in which they are made.
Taxes for each year on such real estate shall be extended on the basis of
the last assessment made prior to such year, subject to such changes as
may have been lawfully made.

(c) The term of such assessor or assessors shall be indefinite, and
any vacancy or vacancies, however occurring, shall be filled by the city
manager. The council shall fix the compensation of any such assessor or
assessors, and provide such clerical or other assistance as may be neces-
sary, and the council shall provide for the payment of such salaries and
other expenses as may be properly incident to the work involved. And all
such salaries, expenses and other costs incurred in connection with such
assessment or reassessments shall be paid out of the treasury of the city.

(d) That notwithstanding any provision of §§ 58-895—58-902 and
paragraph 58-914 of the Code of 1950, the Corporation Court of the City
of Danville, Virginia. or the judge thereof in vacation shall, annually, ap-
point for the city of Danville, a board of review of real estate assessments
to be composed of three members, who shall be freeholders of the city
for which they serve. The terms of such members shall commence on their
appointment and shall expire on the thirtieth day of November of the
year in which they are appointed, unless such terms are extended. The
court or the judge thereof in vacation may extend the terms of the mem-
bers of the board of review and shall fill any vacancy therein for the un-
expired term. The members of the board shall receive per diem compensa-
tion for the time actually engaged in the duties of the board to be fixed
by the council of the city of Danville, and to be paid out of the treasury
of such city. and the council may limit the per diem compensation to such
number of days as, in its judgment, is sufficient for the completion of the
work of the board.

(e) Such board of review shall have and may exercise the power to
revise, correct and amend any assessment of rea] estate made by the as-
sessor in the year in which they serve, and to that end shall have all
nowers conferred unon boards of equalization by §§ 58-9038—58-912 of
the Code of 1950. Notwithstanding any provision of such sections, the
board of review may adopt any regulations providing for the oral presen-
tation. with formal netitions or other pleadings or requests for review.
and looking to the further facilitation and simplification of proceedings
hefore the board.

(f) That any person or any such city aggrieved by any assessment
made by the board of review may apply for relief in the manner pro-
vided by §§ 58-1145—58-1151 of the Code of 1950.

(g) That this act shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

(9) A tenant from whom payment of taxes on his landlord’s prop-
erty shall be obtained by distress or otherwise shall have credit for the
same against such person on account of his rent, unless by contract the
tenant is required to pay such taxes.

(10) 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.

(11) Subject to the provisions of the Constitution of Virginia and
of Chapter XII of this Charter, to contract debts, borrow money and make
and issue evidences of indebtedness.

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

(13) To accept or refuse gifts, donations, bequests or grants from
any source for any purpose related to the powers and duties of the city
government.

(14) To provide, or aid in the support of, public libraries, public
schools and nonprofit hospitals.

(15) To grant financial aid to military units organized in the city
in accordance with the laws of the Commonwealth and to charitable or
benevolent institutions and corporations, including those established for
scientific, literary or musical purposes or the encouragement of agricul-
tural or mechanical arts, whose functions further the public purposes of
the city; provided that no appropriation for any of the purposes mentioned
shall be made unless two-thirds of all the members elected to the council
shall vote therefor.

(17) To make and maintain public improvements of all kinds, in-
cluding municipal and other public buildings, armories, markets, libraries,
hospitals, comfort stations or rest rooms and all buildings necessary or
appropriate for the use of the departments of fire and police; and to
establish a market or markets in and for said city for the sale of food-
stuffs, to appoint proper officers therefor; to provide suitable buildings
and grounds therefor and to make and enforce such rules and regulations
as shall be necessary to restrain and prevent huckstering, forestalling and
regrating, and for the purpose of regulating and controlling the sale of
fresh meats, seafood, farm and domestic products and all perishable foods
in said city; the council shall also have authority to confine the sale of
such articles or products to the public markets and public squares pro-
vided by the city for that purpose, and shall have full power and authority
to regulate the same.

(18) To acquire, construct, own, maintain and operate, within and
without the city, places for the parking or storage of vehicles by the public,
which shall include but shall not be limited to parking lots, garages, build-
ings and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for the
management and control by a department of the city government or by a
board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such
places or any portions thereof, pursuant to lease or agreement, upon such
terms and conditions as the council may determine by ordinance; and
charge or authorize the charging of compensation for the parking or
storage for the vehicles or other services at or in such places.

(19) To acquire, construct, own, maintain and operate, within and
without the city airports and all the appurtenances thereof; provide for
their management and control by a department of the city government
or by a board, commission or agency specially established by ordinance
for the purpose; charge or authorize the charging of compensation for the
use of any such airport or any of its appurtenances; lease any appur-
tenance of any such airport or any concession incidental thereto or, in
the discretion of the council, lease any such airport and its appurtenances
with the right to all concessions thereon to, or enter into a contract for
the management and operation of the same with, any person, firm or
corporation on such terms and conditions as the council may determine
by ordinance. oo.

(20) To acquire, construct, own, maintain and operate, within and
without the city, stadia, arenas, swimming pools and other sport facilities,
provide for their management and control by a department of the city
government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of com-
pensation for the use of or admission to such stadia, arenas, swimming
pools and other sport facilities, including charges for any services incl-
dental thereto; lease, subject to such regulations as may be established
by ordinance, any such stadium, arena, swimming pool or other sport
facility or any concession incidental thereto, or enter into a contract with
any person, firm or corporation for the management and operation. of
any such stadium, arena, swimming pool and other sport facility, including
the right to all concessions incident to the subject of such contract, on such
terms and conditions as the council may determine by ordinance.

(21) 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 public parks, playgrounds and other public grounds; to regulate
the use of all such highways, parks and 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; to
regulate the operation and speed of all locomotives, cars and vehicles using
the streets or railroads within the city; to regulate the services to be
rendered and the rates to be charged by taxicabs and other public vehicles
used for hauling passengers for hire, including the number of such ve-
hicles; to regulate the use of the streets by public buses and to designate
what streets may be used by them.

(22) To acquire, construct and maintain and authorize the construc-
tion and maintenance of bridges, viaducts, subways or underpasses over
or under Dan River, or any other stream, creek, or ravine when any
portion of such bridge, viaduct, subway or underpass is within the city
limits, and to charge or authorize the charging of tolls for their use by
the public, and to require compensation for their use by public utility,
transmission or transportation companies, except as the right to require
such compensation is affected by any contract heretofore or hereafter
made with the company concerned.

(23) To establish, in the manner hereinafter provided for, adjacent
to or near the lines of existing streets, on either or both sides thereof,
building lines, and to provide that no new buildings shall thereafter be
erected upon the property (hereinafter called the interlying property)
lying between said building lines and the street lines. Said building lines
may be established for the whole or any part of a street (but not less
than one block or the distance between two cross streets), as the council
may determine. Before any such lines shall be established, the council
shall cause to be published, for at least ten days, in some paper of general
circulation in the city, a notice addressed generally, but without naming
them, to the owners of the property on which building lines are proposed
to be established, stating that it is proposed to establish building lines
thereon and naming a day when a hearing will be had in respect thereof.
After said hearing the council may proceed to establish such lines, and
the recording of the ordinance establishing the same shall be copied by
the clerk of the council in a book to be kept for that purpose, and indexed
in the name of the street near which said building lines are to be estab-
lished, and thereafter all persons shall be deemed to be affected with
notice of the establishment of such lines, and no permits shall be granted
for the construction of any building of the interlying property.

But the ordinance establishing such lines shall become null and void
as against any owner of property objecting thereto, unless:

(a) When the interlying property shall be unoccupied by buildings,
the city shall, within five years after the passage of the ordinance estab-
lishing said lines, purchase the same or institute condemnation proceed-
ings for the acquisition thereof ; or

(b) When the interlying property is occupied, in whole or in part,
by buildings, the city shall, within sixty days after receipt of notice in
writing that the said buildings have been removed from said interlying
property (it being hereby made the duty of the said owner to give such
notice), purchase said interlying property or institute condemnation pro-
ceedings for the acquisition thereof, and thereafter complete its acquisition
of property in said proceedings.

The rights of the city shall not be prejudiced by any defect in the
proceedings instituted under paragraphs (a) and (b) hereof, resulting
in their dismissal, if within thirty days after said dismissal new pro-
ceedings shall be instituted for the same purpose.

(24) To construct and maintain, or aid in constructing and maintain-
ing, public roads, boulevards, parkways and bridges beyond the limits of
the city, in order to facilitate public travel to and from said city and
any property owned by said city and situated beyond the corporate limits
thereot, and to acquire land necessary for such purposes by condemnation
or otherwise.

(25) To establish and maintain a proper system of sewers and drains,
and make and construct sewers or public ducts through said city and to
extend the same beyond the limits of the city where deemed expedient, and
to allow and compel persons owning property abutting upon streets in
which said sewers or ducts are laid to connect their property with said
sewers or ducts upon such terms, in such manner and at such time as
the council may determine, and upon failure or refusal of such property
owner to so connect his property the council may by ordinance prohibit
the further or continued use or inhabitation of such property until such
connection is made; to regulate or prohibit certain connections to and use
of sewers; and to construct, maintain and operate within and without the
city sewage disposal works.

(26) To cause the footways or sidewalks upon the then existing
streets of the city to be paved, repaved and repaired, 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 result-
ing therefrom to such abutting landowners; and in 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 municipal
court 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
their own expense oftener than once in five years.

(27) The city is vested with the fee simple title to the public streets,
alleys and public ways within the city. Any street, alley, lane or other
public place reserved in the division or subdivision into lots within the
corporate limits of the city by a plat or plan of record shall be deemed
and held to be dedicated to the public use and the council shall have
authority upon the petition of any person or corporation interested therein
to open such street, alley, lane or other public place or any portion of the
same. No agreement between, or release of interest by, persons or cor-
porations owning the lands immediately contiguous to any such street,
alley, lane or other public place whether the same has been opened or
used by the public or not, shall avail to operate to abolish such street,
alley, lane or other public place or to divest the interest of the public
therein or the authority of the council over the same; provided that any
plat or part thereof recorded may be vacated with the consent of the
council, by the owners thereof at any time before the sale of any lot
therein, by a written instrument declaring the plat to be vacated, which
shall be duly executed, acknowledged and recorded in the clerk’s office
wherein the plat to be vacated is recorded.

(28) To furnish all local public services; to purchase, hire, construct,
own, maintain and operate local public utilities, to acquire by condemna-
tion or otherwise, within or without the corporate limits, lands and other
property necessary for any such purposes.

(29) To own, operate and maintain, within and without the city, water-
works, gas plants and electric plants with the pipe and transmission lines
incident thereto, for the purpose of supplying water and gas and gen-
erating and supplying electricity, both within and without the city and to
charge and collect compensation therefor and to provide penalties for the
unauthorized use thereof; but the council of said city shall not sell, lease,
or on any terms grant and convey the electric, gas or waterworks or
plants with their distributing systems and their necessarily appurtenant
franchises and rights, which are property of said city, unless at a special
election held after a proposal to sell or lease said electric, gas or water-
works plant or plants, as the case may be, and franchise or franchises,
shall have been published once a week for four successive weeks in some
newspaper published in said city of Danville, any proposal or vote of
said council to sell, lease, or grant and convey, as aforesaid, the same shall
have been approved by two-thirds of the qualified voters of said city who
vote in said election, which two-thirds shall include a majority of the
qualified voters owning real estate in said city and voting in such election.
Said special election may be ordered by the judge of the corporation court
of said city after an ordinance or resolution of said council requesting him
to so order, and it shall be held according to the law of the Commonwealth
for special elections. Each ballot used in said special election shall contain
that part of the following that shall be applicable to the particuar case:

For the sale, or lease, of the electric plant, or for the sale or lease
of the gas plant, or for the sale or lease of the waterworks plant, includ-
ing franchises and rights, as the case may be.

Against the sale or lease of the electric plant, or against the sale or
lease of the gas plant, or against the sale or lease of the waterworks plant,
including franchises and rights, as the case may be.

If said majority shall approve as aforesaid, said judge shall enter an
order accordingly; but if it shall disapprove, no other election for the
same purpose shall be held until one year after the date of said special
election.

(30) To establish, impose and enforce water, gas, electric and sewer-
age rates and rates and charges for public utilities, or other service, pro
ucts or conveniences, operated, rendered or furnished by the city; and
assess or Caused to be assessed, water, gas, electric and sewerage rates ar
charges against the proper tenant or tenants of such persons, firms, «
corporations as may be legally liable therefor; and the council may tf
ordinance require a deposit of such reasonable amount as it may by suc
ordinance prescribe before furnishing any of said services to any pe:
son, firm or corporation; and said city may refuse to restore any suc
services to any person, firm or corporation, after the same may have bee
disconnected for any reason, unless and until such person, firm or cor
poration shall have fully paid to said city any unpaid amount or amount
owing to said city by such person, firm or corporation for past utilit;
services.

(31) Subject to the provisions of the Constitution of Virginia, t
grant franchises for public utilities.

(32) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to acquire such lands and provide
and operate such facilities, whether within or without the city, as may be
necessary for the utilization or destruction or disposal of such materials,
or any of them.

(33) To regulate or prevent slaughterhouses, junk yards or other
noisome or offensive business within said city, the keeping of animals,
poultry or other fowls therein, or the exercise of any dangerous or un-
wholesome business, trade or employment therein; to regulate the trans-
portation of all articles or materials through the streets of the city; to
compel the abatement of smoke, odors and dust; to prevent unnecessary
noise therein; to regulate the location of stables and the manner in which
they shall be kept and constructed, and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, com-
fort, safety, convenience and welfare of the inhabitants of the city.

(34) To regulate the construction, maintenance and repair of build-
ings and other structures and the plumbing, electrical, heating, elevator,
escalator, boiler, unfired pressure vessel, and air conditioning installations
ei for the purpose of preventing fire and other dangers to life and

ealth.

(35) To provide for the protection of the city’s property, real and
personal, the prevention of pollution of the city’s water supply, and the
regulation of the use of parks, playgrounds, playfields, recreational facili-
ties, airports and other public properties, whether located within or with-
out the city. For the purpose of enforcing such regulations all city prop-
erty wherever located and for whatever purpose it may be used shall be
under the police jurisdiction of the city. Any member of the police force
of the city or employee thereof appointed as a special policeman sha]l have
power to make arrest for violation of any ordinance, rule or regulation
adopted pursuant to this Charter and the municipal court of said city
shall have jurisdiction in all cases arising thereunder within the city and
the county court of the county wherein the offense occurs shall have juris-
diction of all cases arising thereunder without the city.

(36) To grant or authorize the issuance of permits under such terms
and conditions as the council may impose for the use of the streets. alleys,
and other public places of the city by railroads. buses, taxicabs and other
vehicles for hire; prescribe the location in, under or over, and grant per-
mits for the use of the streets, alleys and other public places for the main-
tenance and operation of tracks, poles, wires, cables, pipes, conduits
bridges, subways, vaults, areas and cellars; require tracks. poles. wires
cables, pipes, conduits and bridges to be altered, removed or relocatec
either) permanently or temporarily; charge and collect compensation fo!
the privileges so granted; and prohibit such use of the streets, alleys ant
other public places of the city, and no such use shall be made of the
streets, alleys and other public places of the city without the consent of
the council.

(37) To regulate in the interest of the public health, the production.
preparation, distribution, sale and possession of milk, other beverages and
foods for human consumption, and the places in which they are produced,
prepared, distributed, sold, served or stored; to prevent the introduction
and sale in said city of any article or thing intended for human consump-
tion, 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; regulate the construction,
installation, maintenance and condition of all water and sewer pipes, con-
nections, toilets, water closets and plumbing fixtures of all kinds; regulate
the construction and use of septic tanks and dry closets, where sewers are
not available, and the sanitation of swimming pools and lakes; provide for
the removal of night soil, and charge and collect compensation for the re-
moval thereof; provide for the quarantine of any person afflicted with a
contagious or infectious disease, and for the removal of such person to a
hospital or ward specially designed for contagious or infectious diseases ;
and make and enforce all regulations necessary to preserve and promote
public health and sanitation and protect the inhabitants of the city from
contagious, infectious, or other diseases.

(38) To compel the removal of weeds from private and public prop-
erty and snow from sidewalks; the covering or removal of offensive, un-
wholesome, unsanitary or unhealthy substances allowed to accumulate in
or on any place or premises; the erection of barriers or fences along the
street level of the portion of any lot adjacent to a street where the differ-
ence in level between the lot and the street constitutes a danger to life
and limb; the raising or drainage of grounds subject to be covered by
stagnant water; the razing or repair of all unsafe, dangerous or unsanitary
public or private buildings, walls, or structures which constitute a menace
to the health and safety of the occupants thereof or the public; and to
compel the abatement or removal of any and all other nuisances whatsoever.
If after such reasonable notice as the council may prescribe by ordinance
the owner or owners, occupant or occupants of the property or premises
affected by the provisions of this section shall fail to abate or obviate the
condition or nuisance, the city may do so and charge and collect the cost
thereof from the owner or owners, occupant or occupants of the property
affected in any manner provided by law for the collection of taxes.

(39) To regulate or prohibit the manufacture. storage, transporta-
tion, possession and use of explosives or inflammable substances and the
use and exhibition of fireworks and discharge of firearms.

(40) To regulate or prohibit the making of fires in the streets. alleys
and other public places in the city and to regulate the making of fires on
private property.

(41) To regulate or prohibit the running at large and the keeping of
animals and fowl and provide for the impounding and confiscation of any
such animal or fowl found at large or kept in violation of such regulations.

(42) To regulate the sale of goods, wares, and merchandise at
auction; regulate the conduct of and prescribe the number of pawnshops
and dealers in secondhand goods, wares and merchandise; regulate or pro-
hibit the peddling or hawking of any article for sale on the streets of the
city; prevent fraud and deceit in the sale of goods, wares and merchan-
dise; require the weighing, measuring, gauging and inspection of goods,
wares and merchandise; require weights and measures to be sealed and
subject to inspection; and provide for the appointment of a sealer and one
or more weighmasters who shall perform such duties and functions as may
be prescribed by ordinance.
(43) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers; and to acquire lands
either within or without the city for such purposes.

(45) To establish, own, maintain and operate within or without the
city cemeteries for the interment of the dead, fix the price at which graves
and lots therein shall be sold, make contracts for their perpetual care and
establish the rates to be charged for the digging of graves, construction of
vaults and other services.

(46) To establish, maintain and operate, within or without the city,
a jail for the confinement of prisoners, ordered or sentenced to be con-
fined therein, and a jail farm; and compel able-bodied prisoners to work
on such farm, and in municipal service.

(47) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, elective city officials and their em-
ployees, members of the police and fire departments, teachers and other
employees of the school board, judges, clerks, deputy clerks, bailiffs and
other employees of the municipal courts, and to establish a fund or funds
for the payment of such pensions by making appropriations out of the
treasury of the city; by requiring contributions payable from time to time
from such officers or employees, or by any combination of these methods
or by any other method not prohibited by law, provided that the total
annual payments and income into such fund or funds shall be sufficient on
sound actuarial principles to provide for the pensions to be paid there-
from, and further provided that the benefits accrued or accruing to any
person under such system shall not be subject to execution, levy, attach-
ment, garnishment or any other whatsoever nor shall any assignment of
such benefits be enforceable in any court. The retirement system trustees
of said city shall be a body corporate under the name and style of the
“Employees’ Retirement System of the City of Danville, Virginia’, and
shall hold and dispose of assets of the system under such name.

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

(49) To create, regulate and maintain a fire department for the city
and to prescribe the duties of said department and its officers.

(50) For the purpose of guarding against the calamities of fire, the
council may, from time to time, designate such portions and parts of the
city as it deems proper within which inflammable buildings may not be
erected. It may prohibit the erection of wooden buildings or buildings of
inflammable material in any portion of the city without its permission, and
may provide for the removal of such buildings or additions which shall be
erected contrary to such prohibition at the expense of the builder or owner
thereof; or if any building in process of erection or already built appears
clearly to be unsafe, the council may cause such building to be taken down,
after reasonable notice to the owner; and the council may by ordinance
divide the city into zones; specify the kind and character of buildings
which may be erected in the different zones; provide for the disposition
of waste; provide precautionary measures against danger from fires; pro-
vide for the removal of buildings or structures of any kind, erected in
violation of ordinances, at the expense of builder or owner; and may do
all things lawful to be done looking to the health and safety of the
i itants.

(51) To prevent any obstruction of or encroachment over, under or
in any street, alley, sidewalk or other public place; provide penalties for
maintaining any such obstruction or encroachment; remove the same and
charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroaching, and collect the sum in
any manner provided by law for the collection of taxes; require the owner
or owners or the occupant or occupants of the property so obstructing or
encroaching to remove the same; pending such removal charge the owner
or owners of the property so obstructing or encroaching compensation
for the use of such portion of the street, alley, sidewalk or other public
place obstructed or encroached upon the equivalent of what would be the
tax upon the land so occupied if it were owned by the owner or owners
of the property so obstructing or encroaching, and, if such removal shall
not be made within the time ordered, impose penalties for each and every
day that such obstruction or encroachment is allowed to continue there-
after; authorize encroachments upon streets, alleys, sidewalks or other
public places, subject to such terms and conditions as the council may
prescribe, but such authorization shall not relieve the owner or owners,
occupant or occupants of the property encroaching, of any liability for
negligence on account of such encroachment; and recover possession of
any street, alley, sidewalk or other public place or any other property of
the city by suit or action in ejectment.

(52) 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,
estate or easement therein, and in acquiring such property to exercise,
within and without the city, the right of eminent domain as hereinafter
provided in this chapter; and to sell, lease or otherwise dispose of the
same.

(53) The city is hereby authorized to acquire by condemnation pro-
ceedings lands, buildings, structures and personal 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,
whether or not any corporation owning the same be authorized to exer-
cise the power of eminent domain, or whether or not such lands, buildings,
structures or personal property or interest, right, easement or estate has
already been devoted to a public use, provided, however, that the provisions
of § 25-233 or any other applicable section of the Code of 1950, as
amended, shall apply as to any property owned by a corporation possessing
the power of eminent domain that may be sought to be taken by condem-
nation under the provisions of this act, whenever the city cannot agree on
terms of purchase or settlement with the owners of the subiect of such
acquisition because of incapacity of such owner, or because of the inabil-
ity to agree on the compensation to be paid or other terms of settlement
or purchase, or because the owner, or some of the owners, is a nonresi-
dent of the state and cannot with reasonable diligence be found in the
state. or is unknown.

In the condemnation of lands or easements for streets, roads, alleys
or other public thoroughfares within the city of Danville, said city at its
election may use the same procedures and be vested with the same powers
as the State Commissioner of Highways of Virginia under 8§ 88-57
throunh 33-75 of the Code of Virginia as now amended or as the same
may be amended from time to time in the future. Certificates issued pur-
suant to §§ 33-70.8 to 38-70.11, inclusive, Code of Virginia, as amended,
and acts amendatory thereof and supplemental thereto, may be issued by
the City Council, signed by the City Manager and countersiqned by the
City Clerk. Such certificate shall have the same effect as certificates issued
by the State Highway Commissioner, under the aforesaid laws, and may
be issued in any case in which the city proposes to acquire property of
any kind by the exercise of its powers of eminent domain for any lawful
public purpose, whether within or without the city; provided, that the pro-
visions of §§ 88-70.1 through 38-70.11, inclusive, Code of Virginia, as
amended shall not be used except for the acquisition of lands or easements
pee for streets, water, sewer or utility pipes or lines or related
aties.

Such proceedings may be instituted in the Corporation Court of Dan-
ville, if the subject to be acquired is located within the city, or, if it not
be located within the city, in the circuit court of the county 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 Juris-
diction in such condemnation proceedings with the court of the city here-
inbefore mentioned. The judge of the court exercising 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.

(54) Land, buildings, fixtures and any property, real or personal,
owned by the city and situate outside the city, and used by the city for
the purpose of carrying out any of its powers and duties, shall be exempt
from taxation by the authorities of any county, city or town in which the
same may be located.

(55) The council may give names to or alter the names of streets and
shall have the right to direct that all houses on the respective streets shall
be assigned a number and require the property owner or occupier to ac-
cept and display such number so assigned.

(56) Within the limits prescribed by the general laws of the Com-
monwealth, the council may require any railroad operating in the city to
provide, erect and maintain vertical arm gates on such railroad crossings
of streets as it may deem necessary.

(58) For the protection of the water supply of the city it may protect
from pollution, by proper penalties, the water in Dan River, by prohibiting
the throwing of filth or offensive matter therein for a distance of three
miles above the limits of the city, and may punish any offender by fine or
imprisonment, or both, or may enjoin any person from causing such
pollution.

(59) The city shall not take or use any private property for streets
or other public purposes without making just compensation therefor, but
when the city cannot obtain ground necessary for its purposes. it may
proceed to condemn the same in the method prescribed by law. No order
shall be made and no injunction shall be granted by any judge or court
of this Commonwealth to stay the proceedings of the city in the exercise
of any power granted it over its streets and highways unless it be mani-
fest it is exceeding its powers, and that the interposition of a court is
necessary to prevent injury which cannot be adequately compensated in

amavges.
(60) 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 and
its inhabitants; and no injunction shall be awarded by any court or judge
or stay the proceedings of the city or any of its officers, employees or
agents in the exercise of any of their powers unless it be manifest that
the city, its officers, employees or agents are transcending the authority
given the city by this Charter and the general laws of the Commonwealth,
and also that the intervention of a court of equity is necessary to prevent
injury that cannot be compensated by damage.

(61) The council may vest in the collector of city taxes and assess-
ments, the collector of water, gas and electric rates, rents and charges
and in any other collector of license fees, rents and other sums due the
city which it may appoint, all powers which are now or may be hereafter
vested in county and city treasurers or which it may prescribe to enforce
collection by levy, distress or any other legal proceedings provided for
by general laws or by city ordinances. Any goods or chattels in the city
belonging to the person or estate liable for the taxes or levies, water, gas
and electric rates, rents or charges may be distrained therefor, in all
cases property liable hereunder to levy or distress may be subjected by
levy or distress in the hands of any person, except that goods or chattels
in the actual possession of a bona fide purchaser shall not be liable to
such levy, or distress, except for taxes assessed against the specific prop-
erty levied on.

No deed of trust, chattel mortgage or conditional sales contract upon
goods or chattels shall prevent the same from being distrained and sold
under distress warrant for taxes against the owner while such goods and
chattels remain in his possession nor shall any prior lien prevent the goods
and chattels subject thereto from being distrained and sold for taxes.

No landlord’s lien or distress for rent shall have priority over a dis-
tress for taxes even though such landlord’s lien or distress is prior in point
of time to the levy made for the city. In any distribution of the assets of
any person, firm or corporation liable for city taxes, whether actually
distrained therefor or not, the sums due to the city shall have priority
over all claims of general creditors and over all liens thereon, whether
voluntary or created by operation of law; provided nothing herein con-
tained shall be construed to affect general statutes regulating the marshall-
ing of assets of an insolvent decedent’s estate or those in regard to the
exemption of poor debtors. ,

(62) To make and enforce all ordinances, rules and regulations neces-
sary or expedient for the purpose of carrying into effect the powers con-
ferred 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
or implied thereby, or appropriate to the exercise thereof, the city shall
have and may exercise all other powers which are new or may hereafter
be possessed or enjoyed by cities under the Constitution and general laws
of the Commonwealth not inconsistent with this Charter.

CHAPTER II
THE COUNCIL ,

§ 19. General Disqualifications—No member of the council, or mem-
ber of the school board, or any other officer or agent of the city, during
the term for which they are elected or appointed, shall be a contractor
or subcontractor with the city, or its agents, nor shall they be interested,
directly or indirectly, in any contract, subcontract, or job of work, or
materials, or the profits or contract price thereof, or any services to be
performed by the city, for pay under any contract or subcontract; and
no such councilman, school board member, officer or employee shall be
interested, directly or indirectly in any contract, subcontract, or job of
work, or materials or the profits or the contract price thereof, or services
to be furnished or performed by the city for pay under any contract or
subcontract; nor as agent for such contractor or subcontractor, or other
person furnishing any supplies, or materials. Every such contract or sub-
contract shall be void, and the officer, councilman or agent making such
contract shall forfeit to the * city of Danville the full amount stipulated
for thereby, and all such forfeitures resulting from any such contract
or subcontract shall be made to the city of Danville, if said forfeiture
has not already been made to the Commonwealth, including forfeitures
resulting from litigation pending at the enactment of this charter amend-
ment; provided, however, that nothing herein shall be construed to create
any forfeiture as a result of any contract or subcontract legally sanctioned
by this section of the charter prior to this amendment, nor shall this
amendment apply to or in any way affect any litigation pending at the
tume of this enactment or any cause of action which arose prior to the
effective date hereof.

The term, “contract”, as used in this section shall not be held to in-
clude the depositing of the funds of the city, or the borrowing of funds
from local banks in which councilmen or other officers of the city may
have a stock interest; nor shall it include the granting of franchises to
or purchase of services from public service corporations. *

CHAPTER XII
BORROWING

§ 2. Purposes for which Bonds or Notes may be issued.—(a) To
finance capital expenditures, or for the purposes of financing the payment
of any sum or compensation which the city may be required to pay by
order of any court heretofore or hereafter made in annexation proceed-
ings pursuant to Chapter eight of Title Fifteen of the Code of Virginia,
1950, or the payment or funding or refunding of any indebtedness or
bonds or other obligations assumed by the city in such annexation pro-
ceedings. Bonds and notes in anticipation of bonds when the issue of bonds
has been authorized as hereinafter provided, may be issued for the pur-
pose of financing the whole or any part of the cost of any capital improve-
ment project which is hereby defined to include: any public improvement
or utility which the city is authorized to undertake, including the acqui-
sition of any property, real or personal, incident thereto, the construction
or reconstruction in whole or in part of any building, plant, structure or
facility necessary or useful in carrying out the powers of the city, and
the equipment or reequipment of the same, or for payments upon any re-
embursable agreement, approved by council, with real estate developers
for the reimbursement of capital expenditures made by such developers
for the construction of streets, sewers and other public improvements.

(b) To anticipate the collection of revenue. Notes may be issued,
when authorized by the council, at any time during the fiscal year in
anticipation of the collection of revenue of such year.

§ 8. Issuance of Bonds without Election.—The council may, without
submitting the question of their issuance to the qualified voters of the
city, in the name and for the use and benefit of said city, issue, negotiate
and sell bonds in any amount or amounts not exceeding * one million dol-
lars in any one calendar year for any and all purposes specified in § 2 of
this chapter. The council may also in the name and for the use and benefit
of said city, without submitting the question of their issuance to the
qualified voters of the city, issue, negotiate and sell bonds in any amount
or amounts necessary to pay any sum or compensation which the city may
be required to pay by the order of any court heretofore or hereafter made
in annexation proceedings pursuant to the general laws of the Common-
wealth or to pay or fund or refund any indebtedness or bonds or other
obligations assumed by the city in any such annexation proceedings. The
council may also in the name and for the use and benefit of said city,
without submitting the question of their issuance to the qualified voters
of the city, issue, negotiate and sell notes in anticipation of the collection
of revenue as provided for in this chapter.

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