Chap. 288.—An ACT to provide a new charter for the town of Salem, re inia
and to repeal all acts or parts of acts in conflict therewith. 201}

Approved March 20, 1924.

Be it enacted by the general assembly of Virginia as follows:

1. Contracts and exercise of power of present council legal and
valid.—All contracts and obligations of the town of Salem heretofore or
hereafter made by the present council and government by them, while
in Office, not inconsistent with this charter and the general laws and
Constitution of the State, shall be and are hereby declared to be valid
and legal.

2. The town corporate.—The inhabitants of the town of Salem,
Virginia, as its limits are or hereafter may be established, shall continue
to be a body, politic and corporate, to be known and designated as the
town of Salem, and as such shall have and may exercise all powers which
are now or hereafter may be conferred upon, or delegated to towns under
the Constitution and laws of the Commonwealth of Virginia as fully
and completely as though said powers were specifically enumerated
herein, and no enumeration of particular powers by this charter shall be
held to be exclusive.

3. Town boundaries.—The corporate limits of the town of Salem,
Virginia, until altered as provided by law, shall embrace the territory
within the following boundaries, to-wit: Beginning at the point where
the corporate line now crosses the Cove road, north of Salem; thence with
the Cove road six hundred feet northward; thence west five degrees
south, to a point on Red lane on Monteiro street of Queen City Land
Company’s map; thence with west side of said street north to its inter-
section with Carrollton street, as per map of Monteiro Land Company;
thence with south line of Carrollton street in straight line with northern
boundary of tract of land owned by W. S. and O. D. Oakey, continuing
in westerly direction on same line through the property of T. H. B.
Dillard (now the property of the Baptist orphanage) and others to the
west side of Board street, as per map of Lake Spring Land Company;
thence in southerly direction following the west side of Board street to
the property of F. P. Goodwin; thence west with his north line to
corner of his property; thence in southerly direction with his west line
to Main street; thence with north side of Main street to a point opposite
the west side of Langhorne’s mill lane; thence with west side of said lane
to the river; thence with said river eastward to a point due south of the
line between the lands of the Salem Improvement Company and C. W.
Burwell; thence northward with said line to the north side of the electric
car line; thence with north side of electric car line in a westerly direc-
tion to the west side of Idaho street; thence in northerly direction with
west side of Idaho street to Big Lick turnpike, thence with the said
turnpike northward to the present corporate limits; thence with same to
the beginning; the aforesaid boundaries being same as existed on the
first day of February, nineteen hundred.

4. Powers of the town of Salem.—In addition to the powers men-
tioned in section two hereof, the said town of Salem shall have the fol-
lowing powers:

(1) To raise annually by taxes and assessments in said town such
sums of monoy as the council thereof shall deem necessary for the pur-
poses of said town, and in such manner as said council shall deem ex:
pedient, in accordance with the Constitution of this State and of the
United States; provided, however, that it shall impose no tax on the
bonds of said town.

(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 this charter, to contract debts, borrow money and make and issue
evidence of indebtedness.

(4) To expend the money of the town for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation, or other-
wise, property, real or personal, or any estate or interest therein, within
or without the town or State and for any of the purposes of the town;
and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose
of the same or any part thereof, including any property now owned by
the town.

(6) To acquire, in any lawful manner, for the purpose of encourag-
ing commerce, manufacture, education, and the building of homes,
lands within and without the town, not exceeding at any one time one
thousand acres in the aggregate, and from time to time, to sell, dispose
of, lease, or donate the same or any part thereof for commercial, indus-
trial, educational, or residential uses and purposes, including any land
now owned by the town, and including the power to donate any land
now or hereafter owned by the town for hospital purposes.

(7) To make and adopt a comprehensive plan for the town, and to
that end all plats and re-plats subdividing any land within the town
into streets, alleys, roads, and lots or tracts shall be submitted to and
approved by the council before such plats or re-plats are filed for record
or recorded in the office of the clerk of the circuit court of the county of
Roanoke, Virginia.

(8) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
comfort stations, markets, and all buildings and structures necessary or
appropriate for the use and proper operation of the various departments
af the town; and to acquire by condemnation or otherwise all lands,
riparian and other rights and easements necessary for such improve-
ments, or any of them.

(9) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State such water, lands, prop-
erty rights and riparian rights as the council of said town may deem
necessary for the purpose of providing an adequate water supply for
said town and of piping or conducting the same; to lay all necessary
mains; and service lines, either within or without the corporate limits of
said town for the distribution of water to its customers and consumers,
both within and without the corporate limits of the said town, and to
charge and collect water rents therefor; to erect and maintain all neces-
sary dams, pumping stations and other works in connection therewith;
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 for the purpose of acquiring lands,
interest in lands, property rights and riparian rights or materials for any
such use to exercise within the State all powers of eminent domain pro-
vided by the laws of this State; provided, that the lands which may be
held in this State by said town for such purpose shall not exceed, in the
aggregate, thirty thousand acres, at any one time. For any of the pur-
poses aforesaid said town may, if the council shall so determine, acquire
by condemnation, purchase or otherwise, any estate or interest in such
lands or any of them in fee, reserving to the owner or owners thereof
such property rights or easements therein as may be prescribed in the
ordinance provided for such condemnation or purchase.

(10) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the said town for the
generating of electricity and the manufacture of gas for illuminating,
power and other purposes, and to supply the same, whether said gas and
electricity be generated or purchased by said town, to its customers and
consumers both within and without the corporate limits of the said
town, at such price and upon such terms as it may prescribe, and to that
end it may contract with owners of land and water power for the use
thereof, or may have the same condemned, and to purchase such elec-
tricity and gas from the owners thereof, and to furnish the same to its
customers and consumers, both within and without the corporate
limits of the said town at such price and on such terms as it may pre-
scribe. .

(11) To exercise the power of eminent domain for the purpose of
acquiring or taking any or all spring, springs, water supplies, pipe lines,
reservoirs, land, property, easements, contracts, contract lights, prop-
erty rights, riparian rights; or any interest or interests therein, in the
State of Virginia, now or hereafter owned by any private, quasi-public
service, or public service corporation, incorporated under the laws of
Virginia, or any other State for the purpose of supplying, or supplying
the town of Salem, Virginia, or its inhabitants, with water, notwith-
standing any provision to the contrary in section thirty hundred and
thirty-one, or other section, or sections, of the Code of Virginia.

(12) To establish, impose and enforce water, light and sewerage
rates, and rates and charges for public utilities, or other service, products,
or conveniences, operated, rendered or furnished by the town; and to
assess, or to cause to be assessed, water, light and sewerage rates and
charges directly against the owner or owners of the buildings, or against
the proper tenant or tenants, and may by ordinance provide that where
charges are made against tenants, the owner or owners shall be directly
hhable in case such tenant or tenants fail to pay when the rates or charges
are assessed; and in event such rates and charges shall be assessed
against a tenant, then the said council may by an ordinance, require of
such tenant a deposit of such reasonable amount as may be by such
ordinance prescribed before furnishing such services to such tenant.

(13) To estabhsh, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys,
boulevards and parkways, and to alter or close the same; to establish
and maintain parks, playgrounds, and other public grounds; to con-
struct, maintain 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, abolish and prevent grade crossings over the same
by railroads in the manner prescribed by general law for the elimination
of grade crossings; to require any railroad company operating a rail-
road at the place where any highway or street is crossed within the
town limits to erect and maintain at such crossings any style of gate
deemed proper and keep a man in charge thereof, or keep a flagman at
such crossing, during such hours as the council may require in accord-
ance with the provisions of section thirty-nine hundred and ninety-eight
and other sections of the Code of Virginia; and to regulate the length of
time such crossings may be closed due to any operations of the railroads;
to regulate the operations, weight of load, and speed of all cars and
vehicles using the same, as well as the operation and speed of all en-
gines, cars and trains, or railroads within the town; to regulate the
services to be rendered, including route traversed, and rates charged by
buses, motor cars, cabs and other vehicles for the carrying of passengers
and by vehicles for the transfer of baggage; to permit railroads and street
car lines to be built in the streets and alleys, and to determine and desig-
nate the route and grade thereof; and to specify and require the proper
construction and maintenance of the streets between the rails and on
either side thereof for such distances as such streets may be affected by
the construction, operation, repair or maintenance of such railroads or
street car lines, and to require the reconstruction of so much of said
streets as may be damaged by the removal of such railroads or street car
line; to permit or prohibit poles and wires for electric, telephone and
telegraph purposes to be erected and gas pipes to be laid in the streets
and alleys, and to prescribe and collect an annual charge for sueh privi-
leges, heretofore or hereafter granted; to require the owner or lessee of
any electric light, telephone or telegraph pole, or poles or wires now in
use or hereafter erected, to change the location or move the same; to re-
quire all telephone and telegraph wires and all wires and cables carry-
ing electricity, now in use or hereafter used, to be placed in conduits
underground and prescribe rules and regulations for the construction
and use of such conduits; to open, lay out, and improve new streets
across the track or tracks, yard or yards, of any railroad in the town,
and any such new or existing street or streets may cross any such track
or tracks, yard or yards, of any railroads in the town, in the discretion
of the council, either at grade, or pass above or below any such existing
structure or structures; provided, that after due notice to such railroad
company and full opportunity to be heard and after the council shall
have decided whether such crossing shall be made at grade, or pass
above or below any such existing structure or structures, the plans and
specifications for such crossing as the council shall have determined
upon, shall be submitted to the principal agent of such railroad company
In the town, and in the event. the town and railroad company cannot.
within sixty days thereafter agree upon such plans and specifications,
or cannot agrce in regard to the division of the cost of constructing such
crossing, then the town shall submit such plans and specifications to the
State corporation commission, and the State corporation commission,
after reasonable notice to such railroad company and after hearing such
evidence as either party may adduce, shall approve, or revise and ap-
prove, the plans for such crossing as the council shall have determined
shall be made, or substitute such other plans or character of crossing,
whether at grade, overhead or underpass, as the State corporation
commission may deem proper under all the facts, circumstances and
conditions in the case, and the State corporation commission shall de-
termine what part of the cost of constructing such crossing shall be paid
by the town, if any, and what part by the railroad company, but in no
event shall the town be required to pay more than one-half thereof, and
after such crossing shall have been constructed, it shall be maintained,
within the limits of the railroad right of way, by such railroad company
or by the lessee thereof; and to do all other things whatsoever adapted
to make said streets and highways safe, convenient and attractive.

(134) To acquire by gift, purchase, exchange, or by the exercise of
the power of eminent domain within this State, lands, and any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and water
rights, and the necessary roadways thereto, either within or without the
town, and acquire and install machinery and equipment, and build the
necessary roads or tramroads thereto, and operate the same for the pur-
pose of producing materials required for the construction, repair and
maintenance of streets, highways, sidewalks, water works, reservoirs,
sewers, electric lights, public buildings, and any and all private pur-
poses; and to acquire by gift, purchase, exchange, or by the exercise of
the power of eminent domain within this State, lands and machinery and
equipment, and build and operate a plant or plants for the preparation
and mixing of materials for the construction of improved streets and
other public improvements, and the maintenance and repair thereof,
and to build and operate coal tipples and yards in connection therewith.

(14) To construct and maintain, or aid in constructing and main-
taining, public roads, State highways, boulevards, parkways and bridges,
beyond and within ten miles of the limits of the town, in order to facili-
tate public travel to and from said town and its suburbs, and to and
from said town and any property owned by said town, and situated
beyond the corporate limits thereof, regardless of distance, and to ac-
quire land and property rights necessary for such purpose by condemna-
tion or otherwise.

(15) To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to con-
nect therewith and to establish, construct, maintain and operate sewer-
age disposal plants, and to acquire by condemnation or otherwise
within or without the town, all lands, rights of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to charge
and collect reasonable fees or assessments or costs of service for con-
necting with and using the same.

(16) In connection with its system of sewerage, the town may
continue to use the Roanoke river as heretofore.

(17) Subject to the provisions of the Constitution of Virginia and
of this charter to grant franchises for public utilities.

(18) To collect. and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, and to make reasonable charges
therefor; and to acquire and operate reduction or other plants for the
utilization or destruction of such materials, or any of them; to contract
for and regulate the collection and disposal thereof, and to require and
regulate the collection and disposal thereof.

(19) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth and unsightly de-
posits, or to make them so at the expense of the owners or occupants
thereof, and to collect said expense by suit or motion, or by distress and
sale; to regulate or prevent slaughter houses or other noisome or offen-
sive business within said town, the keeping of hogs or other animals,
poultry or other fowl therein, or the exercise of any dangerous or un-
wholesome business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the town; to compel the
abatement of smoke and dust, and prevent unnecessary noise; to regu-
late the location of stables and the manner in which they shall be kept
and constructed; to regulate the location, construction and operation
and maintenance of bill-boards and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals,
aesthetics, safety, convenience and welfare of the inhabitants of the
town; and to require all owners or occupants of property having side-
walks in front thereof to keep the same clean and sanitary, and free
from all weeds, filth and unsightly deposits.

(20) To inspect, test, measure and weigh any commodity or article
of consumption for use within the town, and to establish, regulate, li-
cense, and inspect weights, meters, measures and scales.

(21) To provide by ordinance for a system of meat and milk in-
spection, and appoint meat and milk inspectors, agents, or officers to
carry the same into effect, license, regulate, control and locate slaughter
houses within or without the corporate limits of the town, and for such
services of inspection to make reasonable charges therefor; and to pro-
vide such reasonable penalties for the violation of such ordinances.

(22) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to estab-
lish, regulate and control a fire department or division; to regulate the
size, height, materials and constructions of buildings, fences, walls, re-
taining walls and other structures hereafter erected in such manner as
the public safety and conveniences may require; to remove or require to
be removed or reconstructed any building, structure of 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, enlarged or repaired, and to direct any or all future buildings
within such limits shall be constructed of stone, natural or artificial,
concrete, brick, iron or other fireproof material; and may enact stringent
and efficient laws for securing the safety of persons from fires in halls
and buildings used for public assemblies, entertainments or amusements.
(23) To charge and to collect fees for permits to use public facili-
ties and for public service and privileges.

(24) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

(25) To establish as hereinafter provided a child welfare board,
through which to provide for making money allowances to aid in main-
taining and educating poor and destitute children.

(26) To establish, organize and administer public schools and
libraries subject to the general laws establishing a standard of educa-
tion for the State.

(27) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institu-
tions.

(28) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace or safety of the
town, from coming to said town from without the same; and for this
purpose to require the owner of any conveyance bringing such person
to the town to take-such person back to the place whence he was brought,
or enter into bond with satisfactory security that such person shall not
become a charge upon said town within one year from the date of his
arrival; and also to expel therefrom any such person who has been in
said town less than six months; also to expel from the town all persons
found therein dangerous to the peace, safety and welfare of the town, or
any person who may be advocating the overthrow of the Federal, State,
or municipal government by force or violence or inciting the people, or
any of them, to riot, or to any unlawful effort against the social, govern-
mental, industrial, educational or moral welfare of the people.

(29) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, Inspect
all foods and foodstuffs and prevent the introduction and sale in said
town of any articles 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 with-
out liability to the owner thereof; prevent the introduction or spread of
contagious or infectious diseases, and prevent and suppress disease
generally; to provide and regulate hospitals within or without the town
limits, and if necessary to fhe suppression of diseases, to enforce the
removal of persons afflicted with contagious or infectious diseases to
hospitals provided for them; to construct and maintain or to aid in the
construction and maintenance of a hospital or hospitals for the use of
the people of the town; to provide for the organization of a department
or bureau of health, to have the powers of a board of health for said
town, with the authority necessary for the prompt and efficient per-
formance of its duties, with power to invest any or all the officials or em-
ployees of such departments of health with such powers as the police
officers of the town have; to establish quarantine ground within or with-
out the town limits, and such quarantine regulations against. infectious
and contagious diseases as the council may see fit, subject to the laws of
the State and of the United States.

(30) To acquire by purchase, gift, devise, condemnation or other-
wise, lands, either within or without the town, or both, 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.

(31) To accept and receive, unconditionally or upon conditions,
absolutely or in trust, gifts, grants, bequests and devises of any kind of
property, real or personal, for educational, charitable or other public
purposes; and to do all the things and acts necessary to carry out the
purposes of such gifts, grants, bequests, and devises, with power to
manage, maintain, operate, sell, lease or otherwise handle or dispose of
the same, in accordance with the terms and conditions of such gifts,
grants, bequests and devises.

(32) To acquire by purchase, gift, devise or condemnation prop-
erty adjoining its parks, or lots on which its monuments are located, or
other property used for public purposes, or in the vicinity of such parks,
plats or property which is used and maintained in such a manner as to
impair the beauty, usefulness or efficiency of such parks, plats or public
property, and may likewise acquire property adjacent to any street,
the topography of which, from its proximity thereto, impairs the con-
venient use of such street, or renders impracticable, without extraordi-
nary expense, the improvement of the same, and the town may subse-
quently dispose of the property so acquired, making limitations as to
the use thereof, which will protect the beauty, usefulness, efficiency or
convenience of such parks, plats and property.

And when the town proposes to open or widen a street, or change the
channel of a creek, by taking any part of a block or square in such man-
ner that the value of the property abutting the proposed street or creek
would be injuriously affected, unless the property on such block or
square is replatted and the property line or lines readjusted, then and in
that event the town at the same time it acquires the land for said street
or creek channel may, in its discretion, also acquire by purchase, gift,
condemnation or otherwise, all or any part of the property on such
squares or blocks and may subsequently replat and dispose of the prop-
erty so acquired, in whole or in part, making such limitations as to the
uses thereof as it may see fit.

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

(34) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the peace and good
order; to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of ill-fame and gambling houses; to prevent
and punish lewd, indecent and disorderly exhibitions in said town; and
to expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

(35) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals and similar shows or fairs, or
prohibit the holding of the same or any of them within the town.

(36) To make and enforce ordinances similar to the prohibition
laws of the State.

(37) To establish, maintain and operate a market or markets in
and for said town; to prescribe the times and places for holding the
same; and to make and enforce such regulations as shall be necessary to
prevent huckstering, forestalling or regrating.
(38) To provide for the development of power and light and the
distribution and sale of same, and to construct, own, maintain, and
operate facilities necessary thereto, and to acquire by condemnation or
otherwise; within or without the town, land, interests in land, water,
power sites, easements, property, and property rights necessary for such

ose.

(39) 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 town;
or its inhabitants.

(40) To prescribe any penalty for the violation of any town ordi-
nance, rule or regulation or of any provisions of this charter, not exceed-
ing five hundred dollars or twelve months imprisonment in jail or both.

(41) To pass and enforce all by-laws, rules, regulations and ordi-
nances not repugnant to the Constitution and laws of the State, which
it may deem necessary for the good order and government of the town,
the management of its property, the conduct of its affairs, the peace,
comfort, convenience, order, morals, health and protection of its citizens
or their property, and to do such other things and pass such other laws
as may be necessary or proper to carry into full effect and power,
authority, capacity, or jurisdiction, which is or shall be granted to or
vested in said town, or in the council, court or officers thereof, or which
may be necessarily incident to a municipal corporation.

The town of Salem may maintain a suit to restrain by injunction
the violation of any ordinance, notwithstanding punishment may be
provided for the violation of such ordinance.

5. Creation of council.—There is hereby created a council which
shall have full power and authority, except as herein otherwise provided,
to exercise all. the powers conferred upon the town, and to pass all laws
and ordinances relating to its municipal affairs, subject to the Consti-
tution and general law of the State and of this charter.

6. Composition of council and vacancies.—The council shall con-
sist of three members, whose term of office, except as hereinafter fixed,
shall be for a term of four years. The three members, who now con-
stitute the said council, shall continue in office until September the
first, nineteen hundred and twenty-six, and thereafter until their suc-
cessors have been elected and qualified. At the June election, nine-
teen hundred and twenty-six, three members shall be elected, who shall
immediately after their qualification, cast lots to ascertain which one
shall serve for a term of two years from September the first, nineteen
hundred and twenty-six, and thereafter until his successor shall have
been elected and qualified; and the remaining two members shall serve
for a term of four years from September the first, nineteen hundred and
twenty-six, and thereafter until their successors shall have been elected
and qualified. At the June election, nineteen hundred and twenty-
eight, and every four years thereafter, one councilman shall be elected,
who shall serve for a term of four years from September the first, nine-
teen hundred and twenty-eight, and thereafter until his successor shall
have been elected and qualified. At the June election, nineteen hun-
dred and thirty, and every four years thereafter, two councilmen shall
be e'ected, who shall serve for a period of four years from September
the first, nineteen hundred and thirty, and thereafter until their suc-
cessors shall have been elected and qualified.

Vacancies in the council shall be filled within thirty days, for the
unexpired term, by a majority vote of the remaining members.

7. Qualification of members.—Any person qualified to vote in the
town shall be eligible to the office of councilman.

8. Limitations on powers and disqualifications.—(a) Any member
of the council who shall have been convicted of a felony while in office
shall thereby forfeit his office.

(b) No member of the council or other officer shall be interested
directly or indirectly in the profits of any contract or work, or to be
financially interested directly or indirectly in the sale to the town of
any land, materials, supplies, or services (other than official services).
Any member of the council or any other officer of the town, offending
against the provisions of this section, shalJ, upon conviction thereof,
be fined not more than five hundred dollars or be imprisoned not more
than ninety days, or both, in the discretion of the court, and shall
forfeit his office. The prohibitions of this section shall not apply if
the council shall declare by unanimous vote of the members thereof that
the best interests of the town are to be served despite a personal interest
direct or indirect.

(c) Except for the purpose of inquiry, the council and its members
shall deal with the administrative service solely through the town
manager, and neither the council nor any member thereof, shall give
orders to any of the subordinates of the town manager, either publicly
or privately. Any such orders or other interferences on the part of
the council or any of its members with subordinates or appointees of
the town manager, instead of dealing or communicating direct with the
town manager, is prohibited.

9. Organization rules of the council.—(a) At nine o’clock ante
meridian on the first day of September following a regular municipal
election, or if such day be a Sunday, then on the day following, the
council shall meet at the usual place for holding the meetings of the
legislative board of the town, at which time the newly elected councilmen,
after first having taken the oaths prescribed by law, shall assume the
duties of their office. Thereafter the council shall meet at such times
as may be prescribed by ordinance or resolution, except that they shall
regularly meet not less than once each month. The mayor, any mem-
ber of the council, or the town manager may call special meetings of
the council, at any time (at least twelve hours), written notice, with
the purpose of said meeting stated therein, to each member served
personally or left at his usual place of business or residence, or such
meeting may be held at any time without notice, provided all members
of the council attend. No business other than that mentioned in the
call shall be considered at such meeting.

(b) All meetings of the council shall be public and any citizen
may have access to the minutes and records thereof at all reasonable
times.

(c) The council shall elect one of its members as chairman, who
shall be ex officio mayor; also a town manager, a town clerk, a town
attorney, a town treasurer, and a town commissioner of the revenue.
The council shall also appoint the members of such boards and
commissions as are hereinafter provided for. The council may appoint
all such other boards and commissions as may be deemed proper, and
prescribe the powers and duties thereof, under the supervision of the
director of the department pertaining thereto. The council may de-
termine its own rules of procedure, may punish its own members for
misconduct and may compel attendance of members. It shall keep a
journal of its proceedings. A majority of all members of the council
shall constitute a quorum to do business, but a smaller number may
adjourn from time to time, and compel the attendance of absentees.
All elections by the council shall be viva voce and the vote recorded in
the journal of the council.

10. Powers of mayor.—The mayor shall be elected for a term of
two years and shall preside at meetings of the council and perform such
other duties consistent with his office as may be imposed by the council
and he shall have a vote and voice in the proceedings but no veto. He
shall be the official head of the town, and he shall be clothed with all
the powers and authority in civil and criminal matters as may be pre-
scribed by the laws of the State. In times of public danger, or emer-
gency, he, or during his absence, or disability, then the town manager,
may take command of the police and maintain order and enforce the
laws, and for this purpose, may deputize such assistant policemen as
may be necessary. During his absence or disability, except as above
provided, his duties shall be performed by another member appointed
by the council. He shall authenticate by his signature such instruments
as the council, this charter, or the laws of the State shall require.

11. Appointments or elections.—On the first day of September
following the regular municipal election and organization of the council,
or as soon thereafter as may be practicable, the council shall elect a
town manager, a town clerk, a town treasurer and a town attorney, and
such other officers as may come within their jurisdiction, each of whom
shall serve at the pleasure of the council; provided, that the council
may elect the town clerk, town treasurer and town attorney for terms
of one year each, beginning September first, subject to removal by the
council for cause, and in no event shall the council elect any officer for
a term extending beyond the thirty-first day of August next succeeding
each regular quadrennial municipal election for members of the council.

ORDINANCES.

12. Legislative procedure.—Except in dealing with parliamentary
procedure the council shall act only by ordinance or resolution, and with
the exception of ordinances making appropriations, or authorizing the
contracting of indebtedness, shall be confined to one subject.

13. Enactments.—(a) Each proposed ordinance, or resolution,
shall be introduced in a written or printed form, and the enacting clause
of all ordinances passed by the council shall substantially be, ‘Be it
ordained by the council of the town of Salem, Virginia.”’

(b) No ordinance, or resolution having the effect of an ordinance,
or resolution suspending an ordinance, unless it be an emergency meas-
ure, shall be passed until it has been read at two meetings not less than
one week apart, one of which shall be a regular meeting and the other of
which may be either an adjourned or called meeting, provided the re-
quirement of a second reading by the affirmative vote of two members of
the council may be confined to the reading of the title only. Any
ordinance or resolution read at one such meeting may be amended and
passed as amended at the next such meeting, provided that the amend-
ment does not materially change the ordinance. No ordinance shall be
amended unless such section or sections as are intended to be amended
shall be re-enacted. The ayes and noes shall be taken and recorded
upon the passage of all ordinances or resolutions and entered upon the
journal of the proceedings of the council. Except as otherwise provided
in this charter an affirmative vote of a majority of the members elected
to the council shall be necessary to adopt any ordinance or resolution.

14. Emergency measures.—(a) No ordinance passed by the coun-
cil shall take effect until at least thirty days from the date of its passage
except that the council may, by the affirmative vote of two of its mem-
bers, pass emergency measures to take effect at the time indicated
therein.

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or providing
for the daily operation of a municipal department. The emergency
shall be stated in every such measure. Ordinances appropriating money
may be passed as emergency measures, but no measure selling or con-
veying any real estate or making a grant, renewal, extension of a fran-
chise or other special privilege or regulating the rate to be charged for
its service by any public utility, shall ever be so passed.

15. Record and publication.—(a) Every ordinance or resolution
having the effect of an ordinance when passed shall be recorded by the
town clerk in a book kept for that purpose, and shall be authenticated
by the signature of the presiding officer and the town clerk.

(b) Every ordinance of a general or permanent nature shall be
published in full once within ten days after its final passage by posting
a copy thereof at the front door of the municipal building and at two
other public places in the town or when ordered by the council, by pub-
lication in a newspaper published or circulated in the town for such time
as the council may direct; provided, that the foregoing requirements as
to publication shall not apply to ordinances re-ordained in or by a gen-
eral compilation or codification of ordinances printed by authority of
the council.

(c) A record or entry made by the town clerk or a copy of such
record or entry duly certified by him shall be prima facie evidence of the
terms of the ordinance and its due publication.

All ordinances and resolutions of the council may be read in evidence
in all courts and in all other proceedings in which it may be necessary to
refer thereto, either from the original record thereof, from a copy thereof
certified by the town clerk, or from any volume of ordinances printed by
authority of the council. |

16. Printing —The council shall, from time to time, direct the
publication, with suitable index, of the town ordinances.
17. Municipal elections.—A municipal election shall be held on the
second Tuesday in June of every second year after the year nineteen
hundred and twenty-six, and shall be known as the regular municipal
election for the election of councilmen. All other municipal elections
that may be held shall be known as special municipal elections.

Nothing in the laws of the State applying to party registration,
enrollment or other party procedure, shall apply to registrations, nomi-
nations, and elections held hereunder. Except as herein otherwise pro-
vided, registration, nominations and elections held under this charter
shall be in accordance with the general laws of the State.

18. Method of conducting municipal elections.—The candidates at
any regular municipal election for the election of councilmen, equal in
number to the places to be filled, who shall receive the highest number
of votes at such election, shall be declared elected.

In any such election each elector shall be entitled to a vote for as
many persons as there are vacancies to be filled, and no more; and no
elector shall in such election cast more than one vote for the same
person.

In counting the vote any ballot found to contain a greater number of
names for the office of councilmen than the number of vacancies in the
council to be filled shall be void, but no ballot shall be void for contain-
ing a less number of names than is permitted hereby.

THE TOWN MANAGER.

19. General provisions.—The town manager shall be the admin-
istrative and the executive head of the municipal government. He
shall be chosen by the council solely on the basis of his executive and
administrative qualifications. The choice shall not be limited to in-
habitants of the town or State. He shall be appointed for an indefinite
period and shall serve at the will of the council; provided, however, that
he may not be removed without a public hearing or written charges
prior to his final removal, if he so desires, but during such hearing the
council may suspend him from office. During the absence or disability
of the town manager the council shall designate some properly qualified
person to perform the duties of the office.

20. Powers and duties of the town manager.—The town manager
shall be responsible to the council for the proper administration of all
affairs of the town coming within his jurisdiction under this charter,
the general law or the ordinances or resolutions of the council. He
shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) Such town officers and employees as the council shall deter-
mine are necessary for the proper administration of the town shall be
appointed, and may be removed by the town manager, except those in
the financial, legal and judicial departments, and the clerical and other
attendants of the council; but the town manager shall report each ap-
pointment and removal to the council at the next meeting thereof fol-
lowing any such appointment or removal; to see that all terms and con-
ditions imposed in favor of the town or its inhabitants in any public
utility franchise or any contract are faithfully kept and performed; upon
knowledge of any violation thereof to call the attention of the same to
the council, whose duty it shall be forthwith to direct such steps as are
necessary to protect and enforce the same.

(c) To exercise supervision and control over all departments and
divisions created therein, or that may be hereinafter created by the
council and have general supervision over all public improvements,
works and undertakings, except as otherwise provided in this charter.

(d) To attend all meetings of the town council with the right to
take part in the discussion but having no vote.

(e) To recommend to the council for adoption such measures as he
may deem necessary or expedient.

(f) To prepare the annual budget and keep the town council fully
advised as to financial conditions and needs of the town.

(g) To make all such contracts in behalf of the town as may be
authorized by this charter, or in accordance with the provisions of the
appropriation made by the council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council.

(h) Unless and until provided by the council, he shall act as town
purchasing agent.

(i) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the town

council.
. ADMINISTRATIVE DEPARTMENTS.

21. Enumeration of departments.—The following administrative
departments are hereby created

(a) Department of law.

(b) Department of finance.

(c) Department of public works and utilities.

(d) Department of public safety.

(e) Department of public welfare.

22. Directors of departments.—(a) At the head of each depart-
ment there shall be a director; provided, that unless and until the coun-
cil shall otherwise provide by ordinance the town manager shall be
director of all departments except the department of law. Unless and
until otherwise provided by ordinance the town attorney shall be
director of the department of law.

(b) The council shall by ordinance determine and prescribe the
functions of each department and may create new departments, com-
bine existing departments and establish new departments for special
work, when, in its opinion, the proper administration of the town re-
quires it.

(c) Except the directors of the departments of law and finance, who
shall be appointed by and be immediately responsible to the council, the
director of each department shall be appointed by and be immediately
responsible to the town manager for the administration of his depart-
ment, and each director shall be chosen on the basis of his general
executive and administrative experience and ability, and his education,
training and experience in the class of work which he is to administer.
23. The town clerk.—The town clerk shall be elected in the manner
and for the term provided by this charter. He shall be the clerk of the
council, shall attend all meetings therecf, and shall keep a permanent
record of its proceedings. He shall keep all papers, documents and
records pertaining to the town of Salem, Virginia, the custody of which
is not otherwise provided for.

(b) He shall be custodian of the town seal, and shall affix it to all
documents and instruments requiring the seal, and shall attest the same.
He shall give to the proper department or officials ample notice of the
expiration or termination of any franchise, contracts or agreements.

(c) He shall, upon final passage, transmit to the proper depart-
ments or officials copies of all ordinances or resolutions of the council
relating in any way to such departments oy to the duties of such officials.
He shall perform such other duties as are required by this charter or by
the council by ordinance or resolution.

24. The town treasurer.—(a) The town treasurer shall be the
disbursing agent of the town and have the custody of all moneys, the
town clerk’s bond and all evidences of value belonging to the town or
held in trust by the town.

(b) He shall receive all monies belonging to and received by the
town and keep a correct account of all receipts from all sources and ex-
penditures of all departments. He skall collect all taxes, and assess-
ments, light bills, water rents, and other charges kelenging to and paya-
ble to the town, and for that purpose he is hereby vested with any and
all powers which are now or may hereafter be vested in county and city
treasurers for the collection of county, city ard State taxes under the
general law.

(c) Heshall pay no money out of the treasury except in the manner
prescribed in this charter.

(d) He shall keep and deposit all monies or funds in such manner
and only in such places as may be determined by ordinance or by the
provisions of any law applicable thereto.

(e) He shall be subject to the supervision of the director of finance
and shall perform such other duties not inconsistent with his office, have
such powers and be liable to such penalties as are now or may hereafter
be prescribed by law or ordinance.

(f) He shall make all such reports and perform such otker duties
not inconsistent with his office as may be required by the director of
finance or by ordinance or by resolution of the council.

(g) The said treasurer shall not be entitled to any commission
whatsoever for handling the funds of the town, but he shall be paid for
his services as such treasurer such salary as may be provided by -the said
council.

(h) He shall as soon as the commissioner of the revenue completes
the land and personal property books take the said books and care-
fully audit the same, and compare them with the books of the previous
year. ‘The land book shall be compared with the assessor’s book lodged
in the clerk’s office of Roanoke county, and the personal property book
shall ke compared with the books of the previous year, and the said
treasurer shall procure a copy of the pollbooks used in the election next
preceding the assessment from which said books were made, and he
shall ascertain which of the citizens and voters, if any, have not been
assessed by the commissioner of the revenue, and the list of those not
assessed shall be laid before the town council at its next meeting. The
said treasurer shall examine said books and see that the amount of tax
is correctly extended in accordance with the rate of taxation at that
time in force, and the columns of said book shall be carefully audited
and the errors therein, if any, shall be corrected. The commissioner of
the revenue is required to be present and render the treasurer such
assistance as he may desire, and in case of a disagreement between the
commissioner and the treasurer, the director of finance shall, upon being
notified, at once determine the question in dispute; when said books are
corrected and auditcd the total thereof shall be charged to the town
treasurer on hs account. The treasurer shall take the delinquent lists
and lay the same before the director of finance, and it shall be the duty
of said director of finance to carefully examine said delinquent report of
both real and personal tax. If said treasurer has returned any tax,
either real or personal, delinquent that should not under the provisions
of the ordinances of the town have been returned delinquent, the said
director of finance shall refuse to allow him credit therefor and shall
strike from the delinquent report any and all such taxes; after said
report has been corrected as herein provided, the treasurer will be
credited with the amount of the same.

(i) He shall perform such other duties as may be required of him
by this charter or by the director of finance, or by the council.

(j)_ Unless and until otherwise provided by ordinance the duties of
the anes of town clerk and town treasurer shall be performed by one
officia

24. The town attorney.—(a) Together with the mayor, the town
attorney shall have the management, charge and entire control of all the
law business of the town and shall be the legal adviser of and the attor-
ney and counsel for, the municipality and all its officers in matters re-
lating to their official duty; he shall give written opinions to any officer
or department or official commission of the town, when requested so to
do, and shall file a copy of the same with the town clerk.

(b) He shall conduct for the town all cases in court whenever the
town is a party thereto, and upon request of the mayor or town mana-
ger he shall appear before the mayor to represent the town for violations
of town ordinances.

(c) He shall prepare or officially pass upon all contracts, bonds and
instruments in writing in which the town Js concerned, and shall certify
before execution as to the legality and correctness thereof.

(d) He shall perform such other duties as may be prescribed by
this charter or by the council.

25. The commissioner of revenue.—The commissioner of revenue
shall, subject to the supervision of the director of finance, perform such
duties as may be required by the laws of the State and the ordinances of
the town, in relation to the assessment of property and license taxes.

(b) He shall have power to administer oaths in the performance of
‘his official duties.

(c) He shall perform such other duties not inconsistent with his
office as may be prescribed for him in this charter, by the director of
finance or by the council.
26. The purchasing agent.—(a) The town council shall designate
some officer of the town other than the treasurer as its purchasing agent,
by whom all purchases of supplies for the town shall be made, and who
shall approve all vouchers for the payment of same. He shall also
conduct all sales of personal property that may be, by the proper official
or officials declared of no further use to the town.

(b) All purchases and sales shall conform to such regulations as the
council may from time to time prescribe, but in either case opportunity
for competition shall be given if the amount involved is in excess of two
hundred dollars, except in case of emergency.

(c) Unless and until the council shall otherwise provide, the town
manager shall act as such purchasing agent.

FINANCIAL PROVISIONS.

27. Director of finance.—The director of finance shall have direct
supervision over the department of finance and administration of the
financial affairs of the town, including the keeping of accounts and
financial records, the collection of taxes, special assessments and other
revenues, the custody and disbursements of town funds and monies,
and shall perform such other duties as the council may by ordinance
provide.

28. The annual budget.—Not later than sixty days before the end
of each fiscal year, the town manager shall prepare and submit to the
council an annual budget for the ensuing fiscal year, based upon detailed
estimates furnished by the several departments and other divisions of
the town government, according to a classification as nearly as possible
uniform.

29. Public improvement contracts, ete.—Any public work or im-
provement, costing more than one thousand ($1,000.00) dollars, shall
be executed by contract, except where a specific work of improvement
is, by the council, authorized and directed to be done by force account,
such work to be based on detailed estimates submitted by the depart-
ment authorized to execute such work or improvement, and approved
by the town manager. All contracts for more than one thousand
dollars shall be awarded to the lowest responsible bidder in such manner
and under such bond as may be prescribed by ordinance and after the
town manager shall have made due advertisement for such time as the
council may prescribe, by newspapers or posted notices. But the town
manager shall have the power to reject all of the bids and advertise
again; and all advertisements shall contain a reservation of this right.

In an emergency requiring immediate action the town manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

30. Sinking fund provision.—(a) There shall be set apart annually
from the revenues of the town a sinking fund equal to one per centum on
the aggregate outstanding debt of the town, which by its terms is not
payable within one year, and the council may, in its discretion, annually
or from time to time, set aside such additional sinking fund as may be
deemed proper.

(b) When the taxes on real and personal property are collected
each year the town treasurer shall take therefrom and deposit in a
separate account to the credit of the sinking fund in such bank or banks
as the council may designate, and the said council may, if it shall so
elect, cause its sinking fund to be loaned on improved real estate situ-
ated in the said town, in the county of Roanoke, and secure the same by
first mortgage liens thereon, provided such funds shall not be loaned
at a greater rate than fifty per centum of the fair market value of such
real estate.

(c) All such sinking funds shall be used exclusively in the payment
or purchase and redemption of the outstanding bonds of the town,
and when such sinking funds are not required or may not within a
reasonable time be required for the payment of any bonds of the town,
or cannot be used to advantage in the purchase and redemption of any
bonds of the town, which may be outstanding, the same shall be securely
invested in interest bearing municipal, State or government bonds or
loaned upon otherwise unincumbered real estate, within the State,
upon a basis not exceeding fifty per centum of the fair cash value of
such real estate or invested in other securities approved by the general
laws of the State for the investment of such funds, or deposited in bank
on a reasonable rate of interest. Such sinking funds may be used in
the payment or purchase and a redemption of serial bonds, as well as
term bonds.

(d) The council of the town of Salem shall constitute a sinking
fund commission for the town, or it may appoint a sinking fund com-
mission composed of three freeholders who are residents of the town,
and delegate to such appointed sinking fund commission, its powers
and duties relating to said sinking fund, by ordinance, in which ordi-
nance the bond of such sinking fund commission shall be fixed.

Section 31. Bond issues.—(a) The council may in the name of
and for the use of the town contract debts and make and issue, or cause
to be made and issued as evidence thereof, bonds, notes or other obli-
gations, upon the credit of the town or solely upon the credit of specific
property owned by the town, or solely upon the credit of income derived
from property used in connection with any public utility owned and
operated by the town. But except as provided in subsection (b) of
this section no debt shall hereafter be contracted for a longer period
than that of the probable life of the work or object for which the debt
is to be contracted, to be determined by the director of public works
and by him certified to the council. The probable life of no public
improvement shall be considered over thirty years, except that the
possible life of public buildings other than schoolhouses may be forty
years; concrete bridges, forty years; and parks or other real estate,
fifty years.

(b) Bonds issued for the refunding of previous issues shall in no
case be for a greater period than thirty years. a

(c) In heu, however, of creating a sinking fund, or sinking “funds”
as in section thirty herein provided, the town may issue bonds, here-
after called “serial bonds,” payable in annual installments, the first of
which shall be payable at any time the council may prescribe in the
ordinance authorizing the issue of such bonds; and the last of which
shall be payable within the period of the probable life of the work or
object for which the debt evidenced by said bonds was created, ascer-
tained and certified as hereinabove provided.

(d) Pending the issuance and sale of any bonds, notes or other obli-
gations by this section authorized, or in anticipation of the receipt of
taxes and revenues of the current fiscal year, it shall be lawful for the
town to borrow money temporarily and to issue notes or other evidences
of indebtedness therefor, and from time to time to renew such tempo-
rary loans, or to use current funds, to be ultimately repaid from the
proceeds of said bonds, notes or other obligations, or from the town
taxes and revenues, as the case may be; provided that the proceeds of
sale of bonds shall not be used, except for the purposes set out in this
subsection, or for permanent improvements and utilities or refunding
matured issues, unless approved by vote of the people.

(e) Restrictions on loans and credits.—The credit of the town shall
not directly or indirectly, under any device or pretense whatsoever, be
granted to or in aid of any person, association or corporation. The
council shall not issue any bonds, notes or other obligations of the town,
or increase the indebtedness thereof, to an amount greater than eighteen
per centum of the assessed valuation of the real estate in the town,
subject to taxation; provided, however, that in determining the limi-
tation of the power of the town to incur indebtedness there shall not
be included the classes of indebtedness mentioned in subsections (a)
and (b) of section one hundred and twenty-seven of the Constitution
of the State.

(f) Bonds based solely upon the credit of specific property owned
by the town, or solely upon the credit of income derived from property
used in connection with any public utility owned or operated by the
town, shall be issued subject to this charter and any law applicable
thereto.

(g) Every ordinance authorizing the issuance of bonds shall specify
the purpose or purposes for which they are to be issued, the aggregate
amount of the bonds, the term for which they shall be issued, and the
maximum rate of interest to be paid thereon. Any such ordinance may
be amended by ordinance at any time before the bonds to be affected
by such amendment have been sold. All other matters relating to
such bonds may be determined by resolution within the limitations
prescribed by such ordinance or by this charter.

(h) However, if there shall be omitted from this charter any pro-
vision essential to the valid authorization, sale, execution and issuance
of any of the bonds of said town, the provisions of the general law with
reference to similar bonds shall supply said omission.

(i) Any bonds issued by the town under this charter shall be signed
by the mayor and attested by the clerk under the seal of the town, and
shall be made payable at the office of the town treasurer or such other
place, in or out of the State, as the council may provide. Such bonds
shall be advertised by the town manager and sold by the town treasurer,
under supervision of the mayor, town manager and clerk, and the sale
reported to and approved by the council, and the proceeds from said
sale shall be paid to the town treasurer.

32. Appropriation ordinance and levy.—At not less than thirty
days before the first Monday in the month of April of each year, the
town manager shall submit to the council for its information a budget
for the ensuing fiscal year, and on the first Monday of April in each
year, the council shall lay its levy on all property, real and personal,
subject to taxation for town purposes, and not later than September
tenth following, the council shall pass its annual appropriation ordi-
nance.

33. Fiscal year.—Unless and until otherwise provided by ordinance
the fiscal year of the town of Salem shall begin July first, and end June
thirtieth.

34. Unencumbered balances.—At the close of each fiscal year, or
upon the completion or abandonment at any time within the year of
any work, improvement or other object for which a specific appropria-
tion has been made, the unencumbered balance of such appropriation
shall revert to the respective fund from which it was appropriated,
and shall be subject to further appropriation; provided, however, this
does not prohibit the council from giving the town manager permis-
sion to authorize such transfer within a department as may be necessary
to meet unexpected obligations. No obligations shall be incurred by
an officer or employee of the town, except in accordance with the pro-
visions of the appropriations made by the council or under continuing
contracts and loans authorized under the provisions of this charter.

35. Payment of claims.—Payments by the town shall be made only
upon vouchers certified to by the head of the appropriate department
or other division of the town government, and by means of warrants
on the town treasurer, issued by the director of finance and counter-
signed by the town manager, except that when the town manager acts
as director of finance then such warrants shall be issued by the town
treasurer and countersigned by the town manager. The director of
finance or the town treasurer, if the town manager is acting as director
of finance, shall examine all pay rolls, bills and other claims and de-
mands against the town and shall issue no warrant for payment unless
he finds that the claim is in proper form, correctly computed and duly
certified; that it is justly and legally due and payable; and that an
appropriation has been made therefor which has not been exhausted,
or that the payment has been otherwise legally authorized; and that
there is money in the town treasury to make payment. He may re-
quire any claimant to make oath to the validity of a claim. He may
investigate any claim, and for such purpose may examine witnesses under
oath and if he finds it is fraudulent, erroneous or otherwise invalid,
shall not issue a warrant therefor.

36. Certification.—No contract, agreement or other obligation in-
volving the expenditure of money shall be entered into, nor shall any
ordinance, resolution or order for the expenditure of money be passed
by the council or be authorized by an officer of the town unless the treas-
urer shall first certify to the council or to the proper officer, as the case
may be, that the money required for such contract, agreement, obliga-
tion or expenditure is in the treasury or safely assured to be forthcoming
and available in time to comply with or meet such contract, agreement,
obligation or expenditure; and no contract. agreement, or other obliga-
tion involving the expenditure of money payable from the proceeds of
bonds of the town shall be entered into until the issuance and sale of
such bonds have been duly authorized in accordance with the provisions
of this charter in reference to town bonds.

37. Contingent fund.—Provision shall be made in the annual budget
and annual appropriation ordinance for a reasonable contingent fund
for use in any of the affairs of the town. Such contingent fund shall be
under the joint control of the town manager and the town council.

TAXATION.

38. License taxes.—(a) License taxes may be imposed by ordinance
on businesses, trades, professions and callings and upon the persons,
firms, associations and corporations engaged therein, and the agents
thereof, except in cases where taxation by the localities shall be pro-
hibited by the general law of the State, and nothing herein shall be
construed to repeal or amend any general law with respect to taxation.

(b) The council may subject any person, who, without having ob-
tained a license therefor, shall do any act or follow any business, occu-
pation, vocation, pursuit, or calling in the town for which a license may
be required by ordinance, to such fine or penalty as it is authorized to
impose for any violation of its laws.

(c) For every town license granted by the commissioner of revenue
under this charter he shall charge a fee to be prescribed by an ordinance
not in excess of seventy-five cents, and for transferring a license, the
fee shall be fifty cents; all such fees shall be paid to the commissioner of
revenue by the person obtaining the license or transfer and such license
or transfer may be withheld until the fees are paid, provided that the
council may by ordinance prescribe that such fees be paid into the town
treasury for town purposes, and the commissioner of revenue be paid
a salary in lieu thereof.

39. General taxes.—(a) The council may impose a tax of one dol-
lar per annum upon all residents of the town who have attained the
age of twenty-one years.

(b) The council may impose a tax upon every dog in the town un-
less the general law of the State provides for such tax on behalf of the
town.

(c) The council of the town of Salem is authorized to and shall
annually order a town levy for so much, as in their opinion is necessary
to be raised in that way, in addition to what may be received for licenses
and from other sources, to meet the appropriations made and to be
made and all sums required by law to be raised for the purposes of the
town. The levy so ordered may be upon all persons in the said town
above the age of twenty-one, not exempt by law from the payment of
the State capitation tax, and upon any property therein subject to
local taxation and not expressly segregated to the State for purposes
of State taxation only, and on such other subjects as may be at the
time assessed with State taxes against persons residing therein; pro-
vided, however, that said town may levy a tax upon intangible personal
property assessed to residents therein and segregated by law to the
State for the purposes of State taxation, at any rate not exceeding the
maximum rate provided by law.

It is hereby expressly provided that said council shall, in its discre-
tion, be authorized to fix such annual levy on property subject to taxa-
tion in the town of Salem, for town purposes, without any limit as to
the rate thereof, any provision of the general laws of the State to the
contrary notwithstanding, provided that said council shall not fix such
levy on property partially segregated to the State for purposes of State
taxation at a higher rate than is or may be permitted by the general
laws relating thereto.

(d) That all taxes, whether general or special, assessed upon any
land or lot in said town, are hereby declared to constitute a lien upon
such land or lot, as to general taxes and levies from the commencement
of the year for which they were assessed, and as to special taxes and
levies from the time assessed, and if the treasurer of the sa‘'d town shall
not be able, with due diligence, to collect the said taxes by the first
day of August of the year after the same were assessed, he shall make
out lists of such as cannot be collected, in the same manner as county
treasurers are required to do in cases of delinquent State taxes, and pre-
sent said lists to the said council at its first regular meeting thereafter.
The said council shall examine said lists, and if approved, shall credit the
said treasurer with the amount of same, and shall have its clerk certify
a copy of said list to the county clerk of Roanoke county, to be by hm
recorded n the current delinquent land book, provided for the record
of delinquent taxes on real estate due the State, and shall also certify
& COpy oft the said list to the treasurer of Roanoke county, to be used by
said treasurer in accordance with the law regulating the sale of delin-
quent lands, and in the said book there shall also be columns for the
entering of the names of purchasers and the amount and date of sales of
the real estate sold by the said county treasurer for delinquent taxes
due the said town. This record shall be held as notice of the lien thereof,
and the said real estate shall be liable for such tax as against creditors
and purchasers, or other persons into whose hands the said real estate
may pass. The said clerk shall be entitled for each entry of lots in
said record book to a fee of ten cents, and a fee of ten cents for the entry
of each name of purchasers, with date of sales, to be paid by the town of
Salem, and a fee of twenty-five cents for each redemption entered, to
be paid by the person redeeming the same, and to be charged against
and be a lien upon said land, along with the taxes and levies against
same. When the county treasurer sells the land for non-payment of
State taxes due the State, he shall include in such taxes the amount due the
town, and he shall collect and account for same, except where the
State is the purchaser. If the land is not delinquent for State taxes,
he shall, nevertheless, sell for the town taxes. The sales and report of
gales and confirmation of same shall be in all respects in accordance with
the law connected with and regulating the sales of delinquent lands for
the non-payment of State taxes, and the said council shall charge the
said treasurer with whatever may be due from him on account of said
sales, less a commission of ten per centum to the said treasurer. No
land or lot, or parts thereof, shall be sold for less than the amount of
taxes, levies, interest, penalties and costs, and if no bids shall be re-
ceived at such sale for said amount and the Commonwealth is not the
purchaser, the same shall be bid in and purchased by the said treasurer
for the said town, in which event the treasurer shall execute to the said
town a certificate of sale, in which the description and local situation
of the property, the name of the person assessed with same, the amount
of taxes, levies, interest, penalties and costs, and the date of sale, shall
be specified, and shall deliver the same to the clerk of the council to be
by him preserved, and also to the county clerk of Roanoke county, to
be by him recorded in said book. Any one having the right to redeem
said land may redeem same within. the time allowed by law, for the re-
demption of real estate sold for delinquent taxes due the State, by pay-
ing to the county clerk of Roanoke county the taxes, levies, penalties,
interest and costs due upon said land. At the expiration of the time
within which the said real estate may be redeemed, as provided by law
for the redemption of real estate sold for delinquent taxes due the State,
if same has not been redeemed, a deed shall be executed to the purchaser
other than the town of Salem by the county clerk of Roanoke county,
according to the provisions of the statute law, providing for the execu-
tion of deeds to purchasers of delinquent lands sold for State taxes.
The council of the said town shall, after four months from the expiration
of the time for the redemption of such real estate as it may have under
the terms of this charter prescribed, have recorded in the deed book of
the clerk’s office of the county clerk of Roanoke county the certificate
of sale made by the county treasurer and hereinbefore referred to, with
the oath of the said county clerk attached thereto, that the said real
estate has not been redeemed; and thereupon the said town of Salem
shall acquire an absolute title to same; provided, that four months’
notice of its intention to have such certificate recorded, shall be given
to all persons having the right to redeem the said real estate; and any
one having such right may redeem the same at any time before the ex-
piration of said four months. The said certificate, or record ttereof,
or a certified copy thereof, shall be evidence of the facts therein stated,
in all courts and other places of this Commonwealth; provided, bow-
ever that the failure to obtain or record such certificate slall not affect
the lien of the town of Salem for the taxes assessed against such real
estate, but the said town may, at any time, elect to enforce its lien for
taxes in a court of equity, and release its rights as purchaser or to become
a purchaser of said real estate. The said council shall have the right
to impose a penalty of five per centum upon all taxes and levies not paid
by December first of the year in which the same are assessed.

(e) If the commissioner of revenue ascertains that any person or
any real or personal property, or income, or salary, has not been assessed
for town taxation for any year, or that the same has been assessed at
less than the law requires for any year, or that the taxes thereon for any
cause have not been realized, it shall be the duty of the commissioner
to list the same, and assess town taxes thereon at the rate prescribed
for that year, adding thereto interest at the rate of six per centum per
annum. Where the same was omitted by no fault of the person charged
with the taxes, no interest shall be charged.

(f) The provisions of subsections (d) and (e) of section thirty-nine
of this charter, insofar as applicable, shall apply to the assessment and
collection, and to the administration of the assessment and collection,
of taxes on personal property and all classes thereof.

(g) All goods and chattels of any person against whom taxes for
the town are assessed, may be distrained and sold for said taxes when
due and unpaid in the same manner and to the same extent that goods
and chattels may be distrained and sold for State taxes.

A tenant by whom payment is made or from whom payment is ob-
tained, by distress or otherwise, of taxes or levies due the town, by a
person under whom he holds, shall have credit for the same against such
person out of the rents he may owe him, except when the tenant is bound
to pay such taxes and levies by an express contract with such person.
And where taxes or levies are paid to the town by any fiduciary on any
estate in his hands or for which he may be liable, such taxes and levies
shall be refunded out of the said estate.

40. Special assessments.—(a) All local or special assessments shall
be made and assessed by the town manager under such regulations as
the council may by ordinance prescribe.

Provision shall be made by ordinance for the method of levying and
apportioning such special assessments, for the publication and for giving
to such owners an orportunity to be heard before final action on the as-
sessment.

Any person affected by such special or local assessment may appeal
from the decision of the council as to any such assessment against him
to the circuit court of Roanoke county.

(b) The council may by ordinance provide the method of making
sale of any lands, lots or premises for non-payment of the amount of any
local or special assessments thereon, or for the non-payment of any ex-
pense incurred by the town in abating any nuisance thereon, or cut-
ting or removing weeds therefrom as provided in section four (subsec-
tion nineteen) hereof.

(c) That the said town and the taxable persons and property therein
shall be exempt and free from any poor rates and road taxes, and from
contributing to any county expenses except as hereinafter provided,
and the said town shall, at its own expense, provide for its own poor
and keep its own streets in order; provided, that the said town shall pay
thirty per cent, and the county of Roanoke seventy per cent for water
furnished by said town to said county for the courthouse, jail, public
hydrant, public water closets in the courthouse and the offices occupied
by the county officers, and for all lights furnished by said town to county
officers in the courthouse and clerk’s office; and shall pay annually to
the treasurer of said county the sum of three hundred dollars, payable
on or before the first day of May, nineteen hundred and twenty-four,
and on or before the first day of May of each year thereafter. Should
there be any extension, repairs or rebuilding of the courthouse, -clerk’s
office, or jail of said county contemplated, the same shall be ordered
after agreement between the board of supervisors of said county and
the council of said town, and in the event of their failure to agree what
extension, repairs and so forth, should be made, and how much of the
costs thereof should be borne by the said town, the same shall be re-
ferred to and determined by the judge of the circuit court of said county,
either in term or vacation, whose decision shall be binding on all parties
in interest, with nght of appeal to either party, as in other cases. ‘

41. Audits of accounts.—Upon the death, resignation, removal or
expiration of the term of any officer of the town, the town manager shall
order an audit and investigation to be made of the accounts of such of-
ficer and report to the council.

As soon as practicable after the close of each fiscal year an annual
audit shall be made of all accounts of all town officers. Such audit shall
be made by qualified public accountants, selected by the council, who
have no personal interest, direct or indirect, in the financial affairs of
the town or any of its officers or employees. The council may at any
time provide for an examination or audit of the accounts of any officer
or department of the town government.

PUBLIC PROPERTY AND FRANCHISE.

42. Transfer of franchise.—No public utility franchise shall be
transferable except with the approval of the council expressed by ordi-
nance, and copies of all authorized transfers and mortgages or other
documents affecting the title or use of any such public utility shall be:
filed with the town clerk within ten days after the execution and delivery
thereof.

(b) Rights reserved to the town.—All grants, renewals, extensions
or amendments of public utility franchises, whether so provided in the
ordinance or not, shall be subject to the right of the town.

(1) To repeal the same by ordinance at any time for mis-use or
non-use or for failure to begin construction within the time prescribed,
or otherwise to comply with the terms prescribed.

(2) To require proper and adequate extensions of plant and services.
and the maintenance of the plant and fixtures at the highest practical
standard of efficiency.

(3) Toestablish reasonable rates and standards of service and qual-
ity of products and prevent unjust discrimination in service or rates.

(4) To prescribe the form of accounts and at any time to examine:
and audit the accounts and other records of such utility; and to require
annual and other reports by such public utility; provided, that if forms
of account shall have been prescribed by the State corporation commis-
sion of Virginia for public utilities throughout the State, the forms so
prescribed shall be controlling so far as they go, but the council may pre-
scribe more detailed forms for the utilities within its jurisdiction.

(5) To impose such other regulations as may be conducive to the
safety, welfare and convenience of the public.

(6) Extens:ons.—-All extensions of public utilities within the town
limits shall become a part of the aggregate property of such public
utility, shall.be operated as such and shall be subject to all the obliga-.
tions and reserved rights contained in this charter and in any original
grant. hereafter made. The right to use and maintain such extension
shall terminate with the original grant.

(7) However, if there shall be omitted from this charter any pro-
vision essential to the valid sale, or granting, renewing, extending, or
amending, of any franchise, privilege, lease, or right of any kind to use
any public property therein, the provisions of the general law with ref-
erence to this subject shall supply said omissions. Provided, however,
that noth-ag contained in this charter shall affect any franchise hereto-
fore granted, or any contract heretofore made with a public utility cor-
poration, nor shall anything contained in this charter be construed to
conflict with the jurisdiction of the corporation commission of the State

of Virginia.
PUBLIC SCHOOLS.

43. (a) The town of Salem shall constitute a separate school dis-
trict and shall have a school board composed of three members, whose
compensation shall not exceed that fixed by the general law, and who
shall exercise the powers and perform the duties of school trustees as in
other districts under the general laws of the State, except as in this char-
ter otherwise provided. Said school trustees shall be selected and elected
so as to give all sections of the town representation on the school board.
No person ineligible as school trustee under the State law shall be elected
a school trustee in said town.

The members of the said school board shall continue in office as now
constituted ; one whose term shall expire December thirty-first, nineteen
hundred and twenty-four; one whose term shall expire December thirty-
first, nineteen hundred and twenty-five; and one whose term shall ex-
pire December thirty-first, nineteen hundred and twenty-six, and until
their successors are elected and qualify; and thereafter the term of
office of each member of said board shall be for a period of three years
beginning on the first day of January, and the members of the school
board shall be elected by the town council in the month of December
of each year.

Said school trustees shall take and subscribe before some officer
authorized to administer oaths, the oaths prescribed for State officers
and file the same in the office of the town clerk, and enter upon their
duties on the first day of January following their election.

(b) The said school board shall at least forty-five days before the
first Monday of April in each year prepare and submit to the town man-
ager for his information in making up the annual budget a detailed es-
timate of the amount of money required for the conduct of the public
schools of the town for the ensuing fiscal year, with an estimate of the
amount of all funds which will probably be received by said board for
the purpose of public education from sources other than appropria-
‘tions by the council.

(c) Said school board shall perform such duties not inconsistent with
‘their office, and shall make such reports and keep such accounts of re-
ceipts and disbursements as the council may require.

(d) The title to all real estate and personal property now owned
and held by the Salem school district for school purposes shall be hereby
vested in the town of Salem, and all real estate and personal property
hereafter acquired for public school purposes shall be taken and held
in the name of the town of Salem.

GENERAL PROVISIONS.

44. Vacancies.—Vacancies in any offices provided for in this char-
ter shall be filled by the authority and in the manner provided herein
for the original appointment or election of such officers.

Vacancies in the council shall be filled by the remaining members of
the-council, except as otherwise provided by general law. :
45. Salaries and compensation.—Thke salaries of the councilmen
and mayor as now constituted shall be and remain the same as now
fixed, until the expiration of their respective terms. Thereafter the sal-
aries of such councilmen and chairman, who is ex-officio mayor, such as
may be fixed and prescriked by tke council as then constituted; and the
salaries of such councilmen and chairmen, who is ex-officio mayor, shall
not be increased or diminished during the terms of their respective terms
of office; provided, however, the salary of no counci man shall exceed
the sum of twenty-five dollars per month, and the salary of the chair-
man, who is ex-officio mayor, shall not exceed the sum of twenty-five
dollars per month in addition thereto. The salaries and compensation
of all other officers and employees of the town shall be such as may from
time to time be fixed and prescribed by the council.

46. Oath of office and qualification. Except as otherwise provided
by general law or by this ckarter, all officers elected or appointed under
the provisions of this charter shall take the oath of office and execute
such bond as may be required by general law, by this charter, or by
ordinance or resolution of the council, and file the same with.the town
clerk, before entering upon the discharge of their duties, and if the re-
quirements of this section have not been complied with by any officer
within thirty days after the term of office shall have begun or after his
appointment to fill a vacancy, then such office shall be considered
vacant.

47. Officers to administer oa hs.—The commissioner of the rev-
enue, town clerk, town treasurer, and town manager shall have power
to administer oaths and to take and sign affidavits in the discharge of
their respective official duties. .

48. Bond.—All officers elected or appointed under the provisions
of this charter shall, unless otherwise provided by general law or by this
charter, execute such bonds, with such approved corporate security, a8
may be required by general law, by this charter, or by ordinance or
resolution of the council, and file the same with the town clerk before
entering upon the discharge of their duties. The town shall pay the
premiums on such bonds. .

49. Investigations.—The council, the town manager and any of-
ficer, board or commission authorized by them, or either of them, shall
have power to make investigation as to town affairs, and for that pur-
pose to subpoena witnesses, administer oaths, and compel the production
of books and papers.

Any person refusing or failing to attend, or to testify or to produce
such books and papers, may by summons issued by such board or officer
be summoned before the mayor of said town by the board or official
making such investigation, and upon failure to give satisfactory explana-
tion of such failure or refusal, may be fined by the mayor not exceeding
one hundred dollars or imprisoned not exceeding thirty days, and such
person shall have the right’ to appeal to the circuit court of Roanoke
county. Any person who shall give false testimony under oath at any
such investigation shall be liable to prosecution for perjury.

50. Revocable permits.—Ivery permit. given or authorized by the
council or town manager to violate the ordinances of the town estab-
lishing fire limits and providing for the character of materials which
may be used in the construction of buildings within such fire limits, and

every permit authorizing the violation of the ordinances of the town re-
lating to obstructions in, over and under, or encroachments on the
streets, alleys, parks and other public grounds and property of the town,
and every permit authorizing the violation of any ordinance of the town,
shall be deemed to be a license and not a franchise or grant, and shall
be revocable at the will of the council.

51. Actions against the town for damages.—No act’on shall be
maintained against the said town for damages for an injury to any person
or property alleged to have been sustained by reason of the negligence
of the town, or of any officer, agent or employee thereof, unless a written
statement of the nature of the claim and of the time and place at which
the injury is alleged to have occurred or been received, shall have first
been filed with the town attorney of said town.

52. Books and papers delivered to successor or town clerk.—Any
person holding a municipal office and vacating the same on account of
removal or otherwise shall deliver over to his successor in office, or to
the town clerk, all property and books and papers belonging to the town,
or appertaining to such office which may be in his possession or under
his control, and in case of his failure to do so within ten days after he
shall have vacated the office, or within such time thereafter as the coun-
cil shall elect, and upon due notification or request of the town clerk,
he shall forfeit and pay to said town a sum not in excess of five hundred
dollars, to be sued for and recovered with costs, and all books, records
and documents used in such office by virtue of any provisions of this act
or of any ordinance or resolution of the council, or by order of any supe-
rior officer of said town, shall be deemed the property of said town as ap-
pertaining to said office, and the incumbent of such office and his sureties
on his bond shall be responsible therefor.

53. All elections shall be held at such place or places within said
town as the council by ordinance may prescribe.

54. Working prisoners.—Subject to the general laws of the State
regulating the working of those convicted of offenses against the State,
the council shall have the power to provide by ordinance for the employ-
ment or the working, either within or without the town limits, or within
or without any town prison or jail, of all persons sentenced to confine-
ment in said prison or jail for the violation of the laws of the State of
Virginia, or the ordinances of the town of Salem. ,

55. Penalty for officers failing to perform duties.—If-any officer of
the town of Salem, whether he be elected by vote of the people or by
the council, or appointed by the council, or the town manager, shall fail
or refuse to perform any of the duties required of him by this charter
or by ordinance or resolutions of the town council, he shall be fined not
less than five dollars nor more than one hundred dollars for each offense,
and he and his sureties on his official bond shall be liable for all damages
which may accrue to the town or any other person by reason of such
failure or refusal.

56. Child welfare board.—(a) The council may provide by ordi-
nance for the establishment and organization of a child welfare board,
within the department of public welfare, and the same shall be subject
to the supervision of the director thereof, through which to make money
allowances to aid in maintaining and educating the poor and destitute
children in the town and through which to administer such other char-
itable purposes as the council may deem proper.
(b) Such child welfare board shall consist of six members, at least
two of whom shall be women, to be appointed by the council for a term
of six years, except that the terms of those first appointed shall be for
one, two, three, four, five and six years, respectively, and who shall
serve without compensation.

(c) The council shall prescribe by ordinance the powers and duties
of the child welfare board, and provide the manner in which, for whom
and bo Fem, and under what terms and conditions such allowances shall
be paid.

(d) All appropriations for the work entrusted to the child welfare
board shall be made by the council as other appropriations are made,
and the child welfare board shall not make any allowances in excess of
the appropriations so made.

(e) The child welfare board shall perform all such duties as the
council may prescribe, both in regard to child welfare and other chani-
table purposes.

57. Police agents.—Any person, firm, association, or owner or
owners, or the president of any corporation owning any industrial plant
or commercial house or houses, or education or eleemosynary institu-
tions in the town may, with approbation of the town manager or mayor,
appoint one or more police agents, who shall have authority in all cases in
which the rights of such person, firm, association, or owner or owners,
or the president of such owning corporations are involved, to exercise
within the town and State all powers which can be lawfully exercised
by any constable or police officer for the preservation of the peace, the
arrest of offenders, and disorderly persons, and for the enforcement of
laws against crimes, and such person, firm, association, or owner or
owners, or the president of such owning corporation may remove any
such agent at pleasure, and the town manager or mayor, or the successor
of either, giving such consent may at any time revoke it. Such police
agents shall qualify before the officer approving their appointment and
a record shall be kept of their appointment and qualification; but the
town shall not on account of said approval or consent of the mayor or
town manager to said appointment, be liable to any person for the negli-
gence or acts of omission or commission of said police agents.

58. Town plan.—The town council may cause to be prepared and
adopted a comprehensive town plan providing for the future im-
provement and growth of the town within and without the town limits,
and including the altering and extension of streets, and opening of new
subdivisions, the changing and improving the channels of the creeks
running into and through the town, the location and opening of the most
practical and direct highways from the town into the adjoining country,
the improvement of entrances and terminals to and from the town, in-
cluding those of public service corporations looking to the future har-
monious development of a town plan, the planning for playgrounds,
parks and boulevard system, the location of public buildings, including
school buildings and other public works, and public utilities, and all
such other things as will tend to make the town of Salem a more con-
venient, attractive and modern town.

The council may, in its discretion, appoint an advisory town planning
commission, and define its powers and prescribe its duties by ordinance.
59. Laying out streets, rights therein, and subdividing lands and
recording plats thereof.—(a) Whenever any street, alley or lane shall
have been opened to and used as such by the public for the period of
five years, the same shall thereby become a street, alley or lane for all
purposes, provided that the town council shall by ordinance, so declare,
and after such declaration the town shall have the same authority and
jurisdiction over and right and interests therein as it has by law over
the streets, alleys and lanes laid out by it.

And any street or alley, park or land reserved for other public pur-
poses, in the division or subdivision into lots of any portion of the terri-
tory within the corporate limits of the town by a plat or plan of record
shall be deemed and held to be dedicated to the public use, and the coun-
cil shall have authority, upon the petition of any person interested therein
or upon its own Initiative, to open such street or alley, park or lane re-
served for other public purposes, or any portion of the same. No agree-
ment between or release of interest by the person owning the lands im-
mediately contiguous to any such alley or street, park or land reserved
for other public purposes, whether the same has been opened and used
by the public or not, shall avail or operate to abolish said alley or
street, park or land reserved for other public purposes, so as to divest
the interest of the public therein, or the authority of the council over
the same. Notwithstanding anything in this section contained, the
said town shall not be liable for any accidents which may occur upon
any street, alley, boulevard, or way, whether heretofore or hereafter
laid out, until the said street, boulevard, alley or way shall have been
accepted or declared by the town council.

(b) The said town shall have the use and control of all streets and
alleys, both below and above ground.

(c) No plat of any subdivision of lots or lands within the town, or
contiguous to its corporate limits, such as is mentioned in section fifty-
two hundred and seventeen of the Code of Virginia shall be recorded in
the office of the clerk of the circuit court of Roanoke county as provided
by said section fifty-two hundred and seventeen of the Code of Virginia
until the same shall have been submitted to the town manager, and to
the council and approved by the council by ordinance or resolution, a
copy of which shall be certified thereon by the town clerk and mayor,
and recorded with such plat.

(d) Before approving such plat, and thereby accepting the dedica-
tion of the streets, alleys, parks and public places thereon, the council
shall require that the streets and alleys thereon shall be properly laid
out and located with reference to the topography of the land so platted
and the relation thereof to the streets and alleys contiguous thereto
and the adjoining lands, both as to connections and widths, which widths
of such streets and alleys shall be plainly marked in figures or written
on such plat, and which streets and alleys shall be laid out in harmony
with the general plan of the town.

(e) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require the
owner thereof to execute and deliver to the town of Salem a release and
waiver of any claim or claims for damages which such owner, his heirs,
successors or assigns may have or acquire against the town of Salem by
reason of establishing proper grade lines on and along such streets and
alleys and by reason of doing necessary grading or filling for the purpose
of placing such streets and alleys upon the proper grade and releasing
the town of Salem from building any retaining wall or walls along the
streets and alleys and property lines; and the council may require such
release and waiver to be written and executed on said plat and recorded
therewith or by an instrument of writing to be executed and recorded
in said clerk’s office, circuit court of Roanoke county.

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper grade lines laid thereon, and if
and when the council is satisfied that the proper grade lines are laid on
such profiles, the profiles shall be approved by the council and recorded
by the owner or at his expense in the record of the profiles of the streets
and alleys of the town, and the council may, in its discretion, require such
release and waiver to be made with reference thereto.

(f) Before approving any such plat of any subdivision of lots or
lands the town council may, at its discretion, require the owner of such
lots or lands to grade the streets and alleys therein, according to grade
lines approved and estabhshed by the council.

(g) Before approving any such plat of any such subdivision of lots
or lands within the town, the council may, in its discretion, require the
owner thereof to lay out and establish proper building lines thereon, and
to show on such plat that all conveyances of lots shown on such plat
are to be made with reference thereto for the benefit of the respective
lotowners and the town of Salem.

(h) Before approving any such plat of any such subdivision of lots
or lands the town council may, in its discretion, require the owner thereof
to designate and establish segregation districts thereon as is provided by
sections thirty hundred and forty-three, thirty hundred and forty-four,
thirty hundred and forty-five, thirty hundred and forty-six, thirty hun-
dred and forty-seven, thirty hundred and forty-eight, thirty hundred
and forty-nine, thirty hundred and fifty, thirty hundred and fifty-one,
thirty hundred and fifty-two and thirty hundred and fifty-three of the
Code of Virginia.

60. Powers of policemen.—For the purpose of enabling the town
to execute its duties and powers each member of the police force and
each policeman is hereby made and constituted a conservator of the
peace and endowed with all the power of a constable in criminal cases
and all other powers which under the laws of the town may be necessary
to enable him to discharge the duties of his office.

61. Use of county jail by town.—The council shall have power to
enforce the collection of all fines not exceeding five hundred dollars, and
imprisonment not exceeding twelve months, for the violation of any of
the ordinances of the said town, and may commit to the jail of the county
of Roanoke for safe keeping and confinement all prisoners who shall be
sentenced to imprisonment under the ordinances of the said town; and
until such fines and costs shall have been paid, and compel such person
or persons so committed to the said jail for violation of such ordinances,
to work on the streets and public works, or buildings of said town for a
term not exceeding twelve months, and shall have exclusive jurisdiction
in all cases arising under the ordinances of said town, and to issue any
and all proper process whether mesne or final, which may be necessary
to enforce its authority.

62. General power.—Said council shall have power to pass all
ordinances, regulations, or orders not contrary to the Constitution and
laws of the United States, or of this State, which the said council may
deem necessary and proper for the welfare of said town or any of its
citizens, and such other powers as are now or may hereafter be vested
in it by the laws of this State, and to amend or repeal the same at its
pleasure, and to enforce the observance of such ordinances, orders, and
regulations under penalties not exceeding five hundred dollars, or im-
prisonment not exceeding twelve months, or both, fines to be recovered,
with costs, in the name of said town before the mayor, or any council-
man of said town, in the absence of the mayor, and applied in aid of the
taxes imposed upon said town.

63. Ordinances to continue in force.—All ordinances now in force
in the town of Salem, not inconsistent with this charter, shall be and
remain in force until altered, amended or repealed by the council of
said town. : |

64. Council to settle controversies.—In the event the town manager,
or other officer elected by the council, in the administration of their re-
spective duties, shall disagree or have any controversy with any of the
officers of the town elected by the voters, such matter in dispute or con-
troversy shall be referred to the council for review and decision.

65. Partial invalidity —lIf any clause, sentence, paragraph, or part
of this act, shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or in-
validate the remainder of said act, but shall be confined in its operations
to the clause, sentence, paragraph, or part thereof directly involved in
the controversy in which said judgment shall have been rendered.

66. Citation of act.—This act may for all purposes be referred to or
cited as the Salem charter of nineteen hundred and twenty-four.

67 General laws to apply.—The enumeration of particular powers
and authority 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 town shall have and may
exercise all other powers which are now or may hereafter be possessed
er enjoyed by towns under the Constitution and general laws of this

tate. |

68. Repealing clause.—All acts and parts of acts in conflict with
this charter are hereby repealed, in so far as they affect the provisions
of this charter, and former charters and amendments thereto for the
town of Salem are hereby repealed.

69. When charter takes effect.—In order that this act may be
given effect as soon as practicable, an emergency is declared to exist,
and this act shall be in force from its passage.