Chap. 253.—An ACT to amend and re-enact an act entitled an act to provide
a new charter for the town of Front Royal, Warren county, Virginia, ap-
proved March 11, 1916, and to repeal all acts or parts of acts in conflict
therewith. [H B 250]

Approved | March 16, 1920.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to provide a new charter for the town of Front Royal,
Warren county, Virginia, approved March eleventh, nineteen hundred
and sixteen, be amended and re-enacted so as to read as follows:

Boundaries of town.—The corporate limits of the town of Front
Royal, Warren county, Virginia, as heretofore established, are hereby
re-established as follows:

Beginning on the west side of Happy creek at east end of Boun-
dary averme, thence down the west said of said creek to the east end
of Manassas street, thence up the north side of Manassas street to the
southeast corner of the Peter Harmer lot, thence northwest with Peter
Harmer’s line to the east side of the Manassas branch of the southern
railway company, thence with the east line of the said railroad north-
ward to Fourth street, thence with the south side of Fourth street to
Royal avenue, thence with the east side of Royal avenue southward
to the northwest corner of the John Scroggin lot, thence westward

with the north line of the John Scroggin lot to the Lionberger line,
thence with the dividing line between the Lionberger and Mistress
Verlinda King to the back line of Lionberger lot, thence in a south-
erly direction with the back line of Lionberger, Fristoe’s and Ashby’s
lots to a corner of the woods in Ashby’s line, where there was for-
merly a gate on the old road leading to Doctor I. N. Buck’s, then in
a direct line to Ashby’s barn, thence in a southerly direction with
Ashby’s and Beecher’s lines to white oak corner, Ashby’s, Beecher’s,
and Gardner’s, thence in an eastly direction with Beecher’s and Gard-
ner’s line to the Luray turnpike, thence across said turnpike to the
corner of Clark’s and Gardner’s line, thence with their lines to Brent’s
and Gardner’s line, thence with Brent’s back line to Cemetery lane,
thence with Cemetery lane to Manor avenue, thence across Manor
avenue and easterly with north side of Boundary avenue to the begin-
ning on Happy creek. ,

2. Government of town.—The government of the said town shall
be vested in a mayor and treasurer, chosen as hereinafter provided,
and three councilmen, the mayor and treasurer, by virtue of their
office, shall be members of the town council, the said mayor, treasurer
and councilmen to be chosen from the residents and electors of the
said town, and shall be elected by the qualified voters of the said town
on the second Tuesday in June, nineteen hundred and twenty, and
every two years thereafter, as now provided by law. © |

3. Officers; when to enter; vacancies, how filled—The mayor,
treasurer and three councilmen so elected shall enter upon the dis-
charge of their duties on the first day of September next succeeding
their election, and shall continue in office until their successors are
elected and qualified; but before entering upon the discharge of their
duties, however, they shall take an oath to faithfully perform the
same. Any vacancy occurring in the council or in the office of mayor
or treasurer shall be filled by the remaining members of the council.
' 4. Powers of council.—The council of the said town shall have
authority : , ts

(1) To pass such by-laws and ordinances, not in conflict with
the Constitution of this State or of the United States, or contrary
to the laws of this State, as may be deemed necessary for the security,
welfare, and good government of the said town, together with the
right to provide for the enforcement of the same by such fine and
imprisonment, either or both, as may now be inflicted or imposed by
justices of the peace.

(2) To choose and appoint from among the electors of the said
town, a town sergeant, who shall hold office during the pleasure of
the council. The said sergeant shall be the collector of the town taxes,
fines, levies and licenses ; and after the expiration of thirty days from
the time of receiving the tax and license tickets, he may distrain and
levy therefor in the same manner as the county treasurer may do in
the collection of State and county taxes.

For the purpose of carrying into effect this act, the said sergeant
shall, within the limits of the said town, and within two miles thereof,
have the same powers as now conferred on a constable, and for the
like service shall receive the same fees as a constable.

In addition to the fees herein provided for, the said sergeant
shall receive such compensation as the council may determine.

Before entering upon the duties of his office, however, the said
sergeant shall take an oath to faithfully perform the duties of his
office; and shall likewise execute bond, with surety approved by the
council, in a penalty equal to double the amount of monies to come
into his hands during each fiscal year, conditioned to faithfully ac-
count for all monies that may be collected by him; and for any default
or liability on the said sergeant, the council, in the corporate name of
the said town, shall obtain judgment and execution upon said bond in
the same manner as herein provided for obtaining judgment and
execution on the bond of the treasurer of the town.

(3) To choose and appoint from the electors of the said town
three school trustees for the town of Front Royal, as now provided by
existing laws, the said council being hereby expressly given full power
and authority to remove the said trustees or any one of them for cause,
or whenever in the opinion of the said council the best interests and
welfare of the schools of the said town demand such removal, and to
fill such vacancies as may be thus caused by such change or removal.

(4) To make all necessary provisions and regulations to prevent
accidents by fire; to designate such parts of said town as it may deem
advisable within which no building of wood shall be. erected; to regu-
late and control the erection of all buildings by ordinance, and to
order the removal of any buildings or building which shall hereafter
be erected contrary to such ordinances or regulations, at the expense
of the owner thereof, and to cause any building or structure of any
kind which clearly appears to be unsafe to be taken down at the
expense of the owner thereof.

(5) To graduate and pave, or in any other manner improve, the
streets, walks and alleys of said town, and to have them kept in good
order and repair, and properly lighted and paved, and to require the
payment by the property owners benefited by such works or improve-
ments, of such portion of the cost thereof as may be allowed by law,
and to make such sum a lien upon the real estate of such owners,
and collectible in the same manner as herein provided for the collection
of taxes generally to prevent the cumbering or obstruction of the
streets, sidewalks, alleys, lanes, or bridges in the said town in any
manner whatsoever, and, in particular, to prevent the erection or
maintenance of any porch, porch steps, wires, poles or other encroach-
ments upon the streets, pavements, walks, alleys or lanes in said town,
with full authority to have such obstructions or encroachments re-
moved at the expense of the owner or owners thereof, the amount of
expense so incurred to constitute a lien upon the real estate of the
said owner or owners and collectible in the same manner as herein
provided for the collection of taxes generally.

(6) To prescribe rules and regulations for the location and or-
derly building of blacksmith shops, garages, and all other shops, struc-

tures and business considered likely to occasion accidents by fire; to
regulate the erection and location of privies, hog pens, stables, and
cow sheds, and slaughter houses; to remove and abate nuisances within
said town at the expense of those occasioning the same; and, if the
council so desires, to prevent the raising and keeping of hogs in said
town, or any part thereof; and generally to pass all by-laws, regula-
tions, and ordinances, not contrary to the Constitution and laws of
the United States or this State. Except as herein provided, the said
council shall have all of the powers, rights and authority conferred
by the general laws of this State relating to towns.

5. Powers, duties, and qualifications of mayor.—No person shall
be elected or act as mayor who holds any State, county or federal
office (except notaries public, justices of the peace, United States com-
missioners, referees in bankruptcy, or bank directors) and who is not
a duly qualified elector and resident of the said town. He shall be
the chief executive officer of the town; shall preside at all meetings
of the council, when present, but shall not vote except in case of a tie.
He shall enforce all ordinances and regulations adopted by the council,
and shall try and determine all cases of violations thereof; provided,
however, any party aggrieved at.this decision may appeal as of right
to the circuit court of Warren county whenever a jail sentence is
imposed or whenever a fine is imposed in excess of ten dollars. His
fees for issuing warrants and trying cases shall be the same as now
allowed by law to justices of the peace.

6. Town recorder; his powers and duties—The council shall
select one of its members (other than the mayor or treasurer) as town
recorder, who shall keep a journal of all of the proceedings of the
council, who shall be the custodian of the town records, papers and
seal, and who shall perform such other duties as may be imposed
upon him by the council.

7. Town treasurer; his powers and duties.—The treasurer shall
have charge of all monies belonging to said town, and shall deposit
the same in some solvent banking institution to be selected by him.
He shall disburse said monies at the direction of the council, upon a
warrant signed by the mayor and countersigned by the recorder, and
not otherwise. Before entering upon the discharge of his duties, he
shall execute bond payable to the town of Front Royal, to faithfully
perform his duty and honestly account for all funds coming into his
hands, said bond to be in the penalty of double the amount coming into
his hands, with sureties approved by the council. For any default or
liability on the part of the treasurer, the council, in the corporate
name of the town, may on motion, after fifteen days notice to the
said treasurer, or his personal representative, his bondsmen or personal
representatives, obtain judgment and execution before the circuit court
y»f Warren county, Virginia. As hereinbefore provided, the said treas-
ser, by virtue of his office, shall be a member of the council, with the
right to vote on all matters or questions coming before the said body.

8. So long as the said town shall, at its own expense, maintain and
ceep its streets in good order and repair, it shall be exempt from all
labor and tax for county road purposes. In order to properly main-
tain its streets, walks, and alleys, the council of the said town 1s given
full authority to employ such labor, means and methods as to it may
seem necessary.

9. Neglect of duty by officer or employee.—The council, for neg-
lect of duty by any officer or employee or appointee, shall have full
authority to remove from office.

10. Compensation of mayor, treasurer, town recorder, and coun-
cilmen.—The mayor shall receive a salary, to be fixed by the council,
not in excess of the sum of three hundred dollars per year; the treas-
urer shall receive a salary, to be fixed by the council, not in excess
of the sum of one hundred and fifty dollars per annum; the town
recorder shall receive a salary, to be fixed by the council, not in excess
of three hundred dollars per annum, while the remaining councilmen
shall receive a salary, to be fixed by the council, not in excess of one
hundred and fifty dollars per annum. In addition to the compensa-
tion herein provided, the mayor, treasurer, town recorder and council-
men shall have the right to use, without cost or charge, for domestic
purposes only lights and water, provided the said town owns its own
water and lighting system.

The council shall have the right to select a duly licensed at-
torney as town attorney, whose compensation shall be fixed by the
council. ,

12. Public utilities—The council shall have full control and regu-
lation over the public utilities now owned or that may hereafter be
acquired by the said town, and to this end it shall have full authority
to employ from time to time such employees as it may deem necessary
to properly maintain, conduct and operate the same; and it shall have
full authority to incur indebtedness, unless otherwise prohibited by
law, whenever the said council may deem it necessary for the proper
conduct, management and maintenance of the public utilities now
owned by the said town, or such as may hereafter be acquired by it.
The said council shall likewise have authority, by ordinance duly
enacted, to compel all owners of real estate within the corporate limits
of said town to connect with such sewerage pipes or connections as
may hereafter be installed or constructed by the said town, upon such
reasonable terms as may be prescribed by said council, together with
all other authority necessary to a proper maintenance and operation
of an effective sewerage system.

13. Taxes, levies and licenses.—The said council shall have au-
thority to levy such taxes, levies and licenses permitted by the general
laws of the Commonwealth, as it now possesses, and, except as herein
otherwise provided, the said council shall have all of the rights and
authority as it may possess at the time this act goes into effect.

14. Corporate name.—The corporate name of the said town shall
be town of Front Royal; and all process shall be in and by the said
corporate name, and by the said name it shall sue and be sued; it shall
have a town seal, which shall be in the custody of the recorder and
affixed by him to all documents or papers or records when required
by the general laws of this State or by this charter, or by any ordi-
nance, by-laws or regulation of the council enacted in pursuance of
this charter or in pursuance of the general laws of this State pertaining
to towns.

15. The compensation of the mayor, treasurer, town recorder and
councilmen, as prescribed in section ten hereof, shall not apply to the
present officers and councilmen of the said town, but shall become
effective upon the expiration of the present respective terms of said
officers and councilmen. -

16. All acts or parts of acts in conflict with this act are hereby
repealed.

17. In view of the approaching June election and in the further-
ance of the public business of the said town, an emergency is declared
to exist and this act shall be in force from its passage.