Chap. 309.—An ACT to amend and re-enact all acts creating and amending
the charter of the town of Waynesboro. [H B 510]

Approved March 20, 1922.

1. Be it enacted by the general assembly of Virginia, That all
acts creating and amending the charter of the town of Waynesboro,
be, and the same are hereby, amended and re-enacted to read as
follows:

Sec. 1. The territory contained within the limits of the said town
shall be as follows, to-wit: Beginning at the corner of the corpora-
tion line of Basic City, at the northern boundary line of the right
of way of the Chesapeake and Ohio railway, in the middle of South
river, near the railroad bridge; thence in a southerly direction with
the corporate line of Basic City to a point in the middle of South
river near Patterson’s mill-dam; thence along the middle of said river
south to the intersection of Fifth street with said river; thence along
Fifth street to its point of intersection with Locust avenue (as desig-
nated on the map of the Waynesboro company); thence with the
jine of said Locust avenue nosth to Second street; thence north to
Sycamore alley, at its point of intersection with Plumb’s alley ; thence
along said alley north across Main street, and out by the Waynesboro
Creamery to the intersection at Hippert’s with the New Hope road;
thence northeast across the Albert Bush lot to the northern boundary
line of the Chesapeake and Ohio Railway Company’s right of way;
thence along the line of said right of way in an easterly direction to
the place of beginning.

Sec. 2. The town of Waynesboro, in the county of Augusta, as
the same has been and hereafter may be laid off into lots, and streets
and alleys, shall be, and the same is hereby, made a town corporate
by the name of Waynesboro, and by the same shall have and exercise
all the powers, rights, and privileges and immunities conferred upon
towns of less than five thousand inhabitants by the laws of the
Commonwealth of Virginia, so far as such laws do not conflict with
the provisions of this act.

Sec. 3. The administration and government of the said town shall
be vested in a council of seven, who shall be electors of said town,
one of whom shall be designated for mayor, and the remaining six
for councilmen, to be chosen on the second Tuesday in June, nineteen
hundred and twenty-two, and every two years thereafter, by the quali-
fied voters of said town. The registration of votes in said town,
and all elections for whatever purpose, shall be held as provided
by law.

On the first day of September next succeeding any regular election
for mayor and councilmen the said mayor and councilmen shall qualify
and enter upon the discharge of their duties, and shall remain in office
until their successors are elected and qualified according to law.
Three members of the said council and the mayor, or four members,
one of whom shall be elected president pro tempore, shall constitute
a quorum for the transaction of business. In case any two or more
persons receive the same number of votes at any election for mayor
and councilmen, the succeeding council shall determine by lot who
shall be declared elected, and in case of vacancy in the office of
mayor or councilmen by death, resignation or otherwise, the said
council may fill said vacancy in the office of councilmen from the
qualified voters of the town, and in the office of mayor, from the
body of the council or the electors of the town.

Sec. 4. The mayor, as chief magistrate of the corporation, shall have
all the powers, rights and privileges such office confers in the general
laws governing towns of less than five thousand inhabitants; and
in civil cases that may arise within the corporate limits he shall have
and exercise all powers vested in justices of the peace by the laws of
the State. The said mayor shall be president of the council, and
as such he shall preside in all their meetings. The mayor or any
three members may call a special session of the council. In case of
a tie upon any question that may be before the council for consider-
ation, the mayor shall have the casting vote. Any member of the
council being absent from three regular meetings of the council may
be removed from the same by the vote of four members thereof,
and the place filled according to the provisions of this charter. In
the absence or sickness of the mayor, one of the members of the
council shall have the power and authority to perform all the-duties
of the mayor, such member to be designated by the other members
of the council.

Sec. 5. The council shall at their first meeting, and every two
years thereafter, elect from their own body, or the qualified voters
of the town, a clerk and treasurer. It shall be the duty of the clerk
to keep a fair and just record of the proceedings of the council, and
to publish in such manner as the council may indicate the ordinances
and by-laws that may from time to time be passed, for which services
he shall have such compensation as the council may determine to
be right and proper. The said treasurer shall receive and keep all
moneys and other funds belonging to the corporation, and may pay
out the same on the order of the council, drawn by the mayor, and
attested by the clerk. The said treasurer shall be required to give
bond, with approved security, in such penalty as the council may
determine, payable to them and their successors for the benefit of the
town, and shall publish a statement of all his receipts and disburse-
ments at the end of each fiscal year. Said treasurer shall collect all
taxes due the said town.

Sec. 6. The council shall also at their first meeting, and every two
years thereafter, elect a sergeant, who shalt also be the chief of
police, and one or more police officers, who shall hold office for two
years, or until their respective successors shall have been elected
and qualified. The jurisdiction of said police force shall extend
one mile beyond the corporate dimits, but not within the corporate
limits of the town of Basic City. The sergeant shall be a conservator
of the peace, and in civil cases that may arise within the corporate
limits he shall be vested with all the powers the laws of the State
confer upon constables. He shall possess the like rights, distress
and powers in collection of corporation taxes, service of process and
return thereof, arising under authority of this act, and all laws
made in pursuance of it, and shall be entitled to like fees and commis-
sions as are allowed by the laws of the Commonwealth to the collec-
tors and constables thereof for similar duties and services. Said
sergeant shall execute bond, with approved security, in such penalty
as the council may determine, payable to them and their successors
in office, for the benefit of the town, conditioned for the faithful
performanre of his duties and payment over to them and their sueces-
sors of all moneys and funds collected and received by him by virtue
of his office. And he and his sureties, and his and their executors,
and so forth, shall be subject to such proceedings, by motion or
otherwise, before the circuit court of Augusta county, for the enforce-
ment of the payment of such moneys and funds by him collected,
or should have been collected, and received as aforesaid, at the suit
or motion of said mayor; or other person entitled to do so; or said
motion may be authorized by a majority vote of the council; and
the council may by majority vote remove said sergeant or police
officers for malfeasance in office, or neglect of duty, and elect others,
or another, to fill the unexpired term.

Sec. 7. That said town, and taxable property and persons therein,
shall be exempt and free from the payment of any county road tax or
poor rates, and from contributing to any county expenses for any
year in which it shall appear that said town shall, at its own expense,
provide for its own poor, and keep the’streets and roads in order.

Sec. 8. That for the purpose of maintaining the police regula-
tions of said town, under the authority of this act, the jurisdiction
of the corporate authorities shall be, and the same is hereby, made
to extend one mile in a direct line from the corporate limits, except
that it shall not extend within the corporate limits of Basic City.
Sec. 9. That the said council shall appoint an assessor, whose
duty it shall be, during the month of February of each year, to asses:
the value of all personal estate within the corporate limits, whick
assessment shall form the basis of taxation of said estate. Said as:
sessor shall also revise and correct the corporation land book of the
previous year so that it will correspond with the corrected lanc
book of the commissioner of the revenue of South River district, ir
Augusta county. He shall also issue license to all persons en
in any pursuit, business, occupation, calling, profession or other pur-
pose for which the State laws require or may require a license; and
also to shows, and other public exhibitions within a mile of the cor-
porate limits; but said power shall not extend within the corporate
limits of the town of Basic City. The said council shall have power
to levy and collect annually a tax, not in conflict with general law,
on all real and personal property situated in said town, and on such
other subjects as are or may be taxed by the revenue laws of the
Commonwealth, but the rate of taxation shall not exceed one dollar
and fifty cents on the one hundred dollars of the assessed valuation ;
and also a poll or head tax on dogs owned or kept in the corporate
limits. The poll or head tax for each year shall be fifty cents on
each person over twenty-one years of age. Nothing herein con-
tained shall be construed to permit any form of taxation prohibited
by the general laws of the State, or to authorize the said council to
tax any subject of taxation at a greater rate than towns are author-
ized to levy upon such subject under the general laws of this State
concerning the segregation of taxable subjects.

Sec. 10. The tax on dogs shall be one dollar on each male dog
and spayed female, and two dollars and fifty cents for each unspayed
female dog.

Sec. 11. That all persons in pursuit of any trade, calling, occu-
pation or profession, and residing in the corporate limits on the
first day of May of any year, shall be liable to taxation under this
act; and all persons entering into any trade or profession, or so
forth, after the first day of May in any one year, shall be liable to
a pro rata of taxation. Nothing herein contained shall be construed
to authorize the requirement of a license or imposition of a tax in
any case where such requirement or imposition by cities and towns
is forbidden by general law.

Sec. 12. The said council shall have power and authority to make
all necessary provisions to prevent accidents by fire, such as the
purchase of fire engines, hook and ladders, and other fixtures useful
for such purposes. They shall have power to provide the town with
water, by means of wells, pumps and water works, or in any way
by them deemed to be for the best interest, comfort and safety of
the town, and for such purpose may levy and collect a water tax, to
be imposed on each head of the family, or other persons using water
from the town wells, springs, hydrants and other water systems:
said water tax to be in proportion to the amount of water used by
each family or person using watet from the town wells, hydrants
and so forth; the power to light the town with gas; oil, or electricity.
1922.] _ ACTS OF ASSEMBLY. 929

They shall have power to provide for the interment of the dead, and
to regulate the same. They may also establish a market, and make
ordinances for the management thereof. They shall have power to
open any new streets and alleys, to widen, grade, pave and improve
existing streets, sidewalks, alleys, gutters and bridges, and may close
any street or alley. They shall have power to prevent the obstruc-
tion of streets, alleys, sidewalks, gutters, and so forth, by the hitch-
ing of horses, standing for wagons, or by any other obstruction what-
ever, by imposing a reasonable fine for such offenses. They may also
punish, by fine, the firing of guns, or pistols, the setting fire to powder
or other combustible or explosive material, the running and fast driv-
ing of horses and other animals on the streets and alleys, and all
else detrimental to the peace and good order of the town. They shall
have power to prescribe rules for the orderly building of houses and
their proper location, such as stables, water-closets, hog-pens, cattle
sheds, as well as dwellings, stores and shops, and to establish fire
limits and to prescribe the character and material of buildings which
may be erected therein. They shall have power to prohibit all ani-
mals from running at large, and beyond their owners’ premises, and
to pass all by-laws and ordinances not contrary to the Constitution
and laws of the Commonwealth and of the United States, which said
council may deem necessary for the carrying into effect such powers
and privileges as have or may hereafter be vested in them. They
shall also have power before the mayor or acting mayor, to regulate
the police, and to enforce all laws, by-laws and ordinances of the
said town by a penalty not exceeding the penalty fixed by the Com-
monwealth for like offenses; said penalty or fine to be paid into the
corporation fund. They shall have power to amend or repeal any
by-laws, ordinances, or remit any fine that may seem proper and just.
Any ordinance or by-laws may be enforced by fine or imprisonment,
or both, or in lieu of.fine, by labor in chain-gang, or otherwise, at
the discretion of the mayor.

Sec. 13. The said council shall have power to regulate the erec-
tion and keeping in proper condition of chimneys, stoves and stove-
pipes, and to abate and remove all nuisances at the expense of those
who occasion them; and for the violation of any police law, other
than capital crimes and penitentiary offenses, and for the violation
of any special law relating ta said town and not enumerated in this
act, the said council shall have power to impose fines ‘and collect the
same, not to exceed fines imposed by the State law for like misde-
meanors, and may add to said fines imprisonment or hard labor, not
to exceed the punishment imposed by the laws of the Commonwealth
for like offenses. And all such fines shall constitute a part of the
corporation fund.

Sec. 14. The said council shall have the power, whenever they
may deem it expedient, to lay sewers and to have the sidewalks, foot-
ways, and gutters along any street or alleys in said town, as of such
widths as they may prescribe, properly paved or otherwise suitably
improved, altered or repaired, as they may think fit, and for such
purposes may levy and collect a special tax from the abutting prop-
erty owners; provided that an ad valorem tax be imposed upon abut-
ting vacant lots, and where there are improvements such as residences
or business houses, the town shall bear one-half of the expense of
constructing new sidewalks, and other improvements and conveni-
ences above specified, and such abutting property owners shall be
assessed to pay the other half, which assessment shall be propor-
tioned to the number of feet that such property fronts the said im-
provements or conveniences. Such special tax shall be collected in
the same manner as other taxes are collected, and in all cases where
a lessee or tenant shall pay such special tax it shall be an offset or
credit against a like amount of rent then due or that may thereafter
accrue.

Sec. 15. All taxes, whether general or special, assessed upon any
property in said town, under the provisions of this act, are hereby
declared to constitute a lien on such property; and if the sergeant
or other legally authorized collector has not been able, with due
diligence to collect the said taxes by the first day of June of the
succeeding year next after same were assessed, he shall at the first
meeting of the council thereafter make return upon oath of the
taxes he has so failed to collect, and the property upon which said
uncollected taxes were assessed, and thereupon the council shall have
the right to proceed in the same manner against the property so
returned delinquent as the Commonwealth of Virginia has in similar
cases > and the clerk of the council and the treasurer of the town
shall be clothed with the same powers and be subject to the same
provisions of the law as are given to and govern clerks of the county
courts and treasurers of the counties in like cases; and in the sale
of such delinquent property the clerk of the council and the treas-
urer of the town shall conform to the State law in such cases made
and provided in all particulars, except that the sale of such delin-
quent property shall take place in front of the treasurer’s office in
Waynesboro on the fourth Wednesday in December next after the
property is returned delinquent as aforesaid. The clerk of the coun-
cil shall be empowered to execute deeds for property sold under the
provisions of this section. :

Sec. 16. The said council shall have power to provide for the
order and quiet of the Sabbath, to punish drunkenness, swearing,
boisterous conduct; any interference with religious worship, and any
other offense against decency and good morals, by proper penalties.

sec. 17. The said council shall have power to take private prop-
erty for public use, provided they shall pay a proper compensation
for the same. If, however, the owner or owners of such property
object, or will not agree to receive a proper price, the said council
may proceed to condemn such property in the manner prescribed by
the Commonwealth for the condemnation of private property for
public use.

Sec. 18. The said council shall have power to regulate and pro-
vide for weighing and measuring hay, wood, coal and other articles
sold or for sale in said town.

Sec. 19. All fines, penalties and amercements, and other moneys
1922. ] ACTS OF ASSEMBLY. 531

raised and received by virtue of this act and not otherwise directed
to be applied, shall be at the disposal of the said council for the
benefit of the town. All officers now holding office under this charter
shall continue to discharge the duties of their offices until their
successors are elected and qualified. |

Sec. 20. The said council shall have power to fix and regulate
the compensation and salaries of officers, and the wages paid for
the hire of teams, labor, and so forth.

Sec. 21. All acts and parts of sections of any charter of said town
heretofore approved, except special laws relating to said town and
not enumerated in any charter act, are hereby repealed.

Sec. 22. The council may, in the name of and for the use of the
town contract loans, or cause to be issued certificates of debt or
bonds; provided no such ¢ertificates of debt or bonds shall be issued
except by a majority vote of the council, endorsed by a majority
vote of the qualified voters voting on the question, at an election
which shall be held for the purpose. The manner of holding such
election shall conform to the State law governing elections at the
time such election is held. Such loans, certificates, or bonds, made
or issued under the foregoing provisions, shall not be irredeemable
for a period greater than thirty-five years; and, provided further,
that any or all of any designated series of such loans, certificates,
or bonds, may be redeemable at the option of the town council after
ten years from the date of issue. The council shall provide for a
sinking fund of such proportion of the revenue of the town as shall
be equal in cash value to and not exceeding one-thirtieth of any
loan, certificates, or bonds so made or issued. All bonds issued
under the provision of this section shall be regularly numbered and
signed by the mayor, clerk and treasurer, and recorded in a book
kept for that purpose. Said council shall not contract such loans or
issue such certificates of debt or bonds for the purpose of subscrib-
ing to the stock of any company incorporated for a work of internal
improvement or other purposes, without first being authorized to do
so by a majority of the freehold voters of the town voting on the
question; provided further, that in no case shall the aggregate debt
of the town at any one time exceed seventeen per centum of the
assessed value of the real property within the town limits; and pro-
vided further, that the said council shall not endorse the bonds of any
company whatsoever without the same authority. This section shall
not be so construed as to prevent the council of said town from
issuing certificates of debt for necessary current expenses or for
sums of: money provided for by annual taxation.

sec. 23. All contracts. for the erection of public improvements
within the jurisdiction of the town council shall be let to the lowest
responsible bidder, and notice shall be given at least thirty days
before the work is finally let, by advertisements in a newspaper pub-
lished in the town or county; and the party to whom said contract
shall be let shall give such bond as the council may require; but in
negvent sHall any contract be let to any member of the town council,
notoshkall any member have any personal interest in such contract.
The council of said town may in their discretion contract with any
person or corporation to exempt the property and capital invested
or to be invested for manufacturing purposes within the corporate
limits of Waynesboro from all corporation taxes for a period of not
more than ten years.

Sec. 24. The council of the town of Waynesboro may provide, by
its ordinances, such rate of speed for railway trains running through
its corporate limits as may be deemed proper for the safety of citi-
zens and property.

Sec. 25. The town shall, if the council so elect, be constituted
a single and separate school district, and the council shall have the
power to appoint three school trustees to serve one, two and three
years, respectively, and annually thereafter it shall appoint a school
trustee for said district to serve for three’ years.

Sec. 26. The council shall have power to make such ordinances,
orders, by-laws and regulations as they may deem necessary to secure
the inhabitants from contagious, infectious or other dangerous dis-
eases; to establish and erect and regulate hospitals; to provide for
and enforce the removal of patients to and confine and maintain the
same in said hospitals; to appoint and organize a board of health
for the town with the authority necessary and proper for the prompt
and efficient performance of its duties.

Sec. 27. This act shali not be construed to repeal or in any wise
affect the act of the general assembly of Virginia, approved February
the fifth, eighteen hundred and ninety-four, entitled an act to enlarge
the powers of the corporation of Waynesboro, Virginia, in regard
to the interment of the dead.

2. An emergency existing, this act shall be in force from its
passage.