Chap. 150.—An ACT to provide a new charter for the town of Bluefield, Virginia,
and to repeal all acts or parts of acts in conflict therewith. [H B 157]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That the
inhabitants of the town of Bluefield, Virginia, as its limits are or here-
inafter may be established, shall continue to be a body, politic and
corporate, to be known and designated as the town of Bluefield, and
as such shall have and may exercise all powers which are now or
hereinafter 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.

2. The territory contained within the limits of said town shall be
the same as heretofore established by acts of the general assembly
and as enlarged by an order of the circuit court of Tazewell county,
entered on the thirteenth day of February, nineteen hundred and twenty-
six, and is more particularly described as follows: “Beginning at a
planted corner stone on the Virginia-West Virginia line, north of the
Norfolk and Western Railway Company line; thence south sixty-seven
degrees five minutes west thirteen hundred and one feet to a planted
stone; thence north twelve degrees nine minutes west eight hundred
and seventy feet to a point designated by a planted stone; thence south
sixty-nine degrees thirty minutes west thirty-one hundred and seventy-
four feet to a point; thence, north twelve degrees forty-five minutes
west one hundred and thirty feet to a point; thence, in a curved line
to the right (radius six hundred and ninety-nine) seven hundred and
ninety-eight feet to a point; thence in a curved line to the left (radius
six hundred and ninety-five) six hundred and seventy-five feet to a
point; thence, south forty-four degrees thirty-four minutes west one
hundred and eighty feet to a point designated by a planted stone; thence,
in a curved line to the left (radius five hundred and thirty feet), seven
hundred and twenty-eight feet to a point; thence, with the south line
of Sergeant street (also State highway from Bluefield to Falls Mills)
eleven hundred feet to a point; thence, north fifty-five degrees thirty
minutes west three hundred and eight feet to a point; thence, along
the south line of the Norfolk and Western railway right of way, six
hundred and sixty-eight feet to a point; thence, in a curved line to the
left (radius six hundred and twenty-two feet) five hundred and
seventy-two feet to a point; thence, in a curved line to the right
(radius six hundred and forty feet) nine hundred and sixty-eight
feet to a point, being the southeast corner of lot number six, section
four, plan “C” of a map of the Graham Land and Improvement Com-
pany; thence, south seventy-two degrees twenty-three minutes west
twenty-three hundred and sixty-five feet to a point; thence, south
seventy-eight degrees thirty minutes west fifteen hundred and eleven
feet to a point; thence, following the north line of Stony avenue, as
shown on a map of the West Graham Land and Improvement Com-
pany, thirteen hundred and four feet to a point; thence, south seventy-
eight degrees thirty minutes west five hundred and thirty-two feet
to a point in the west line of Luther street as shown on said West
Graham Land and Improvement Company map; thence, along the
west line of Luther street, south fifteen degrees thirty minutes east
sixteen hundred and ninety-five feet to a point; thence, north eighty-
two degrees fifty-seven minutes east ten hundred and thirty-eight
feet to a point; thence, north seventy-six degrees twenty-five minutes
east eight hundred and seventy-one feet to a point; thence, north
seventy-eight degrees thirty minutes east twelve hundred and ninety-
six feet to a point; thence, south eighty-six degrees fifty minutes east
twenty-six hundred and eighty feet to a point; thence, south seventy-
two degrees forty-five minutes east twenty hundred and forty-five feet
to a point; thence, south sixty-seven degrees forty-five minutes east
five hundred and sixty-three feet to a point; thence, north sixty-nine
degrees east eight hundred and two feet to a stone; thence, north
sixty-five degrees forty-five minutes east twelve hundred and twenty-
five feet to a stone; thence, north sixty-one degrees thirty minutes
east eleven hundred and twenty-nine feet to a stone; thence,
north sixty-six degrees thirty minutes east eight hundred and
thirty-eight feet to a _ stone; thence, north thirty-one degrees
thirty minutes west nine hundred and ten feet to a_ point;
thence, north sixty-six degrees forty minutes east fifteen hun-
dred and forty-five feet to a point; thence, north seven degrees
thirty-two minutes east four hundred and thirty-eight feet to a point:
thence, north sixty-seven degrees forty-five minutes east two hundred
and sixty-nine and twenty-two one hundredths feet to a point; thence,
north fifty-nine degrees forty-eight minutes east one hundred and
eleven and twenty-seven one hundredths feet to a point; thence, north
forty-four degrees thirty-nine minutes east two hundred and thirty-
seven one hundredths feet to a point; thence, north sixty degrees one
minute east one hundred and ninety-five and twenty-four one hun-
dredths feet to a point; thence, north seventy-nine degrees fifty-one
minutes east two hundred and fifty-seven one hundredths feet to a
point; thence, north sixty-four degrees forty-seven minutes east two
hundred and sixty and six one hundredths feet to a point; thence,
north fifty-four degrees ten minutes east two hundred and five and
fifty-two one hundredths feet to a point; thence, north sixty-four
degrees forty-two minutes east one hundred and fifty-five and twenty-
four one hundredths feet to a point; thence, north thirty degrees
twenty-seven minutes east two hundred and twenty-nine and twenty-
nine one hundredths feet to a point; thence, north sixty degrees forty-
four minutes east one hundred and eighty-one and thirty-four one
hundredths feet to a point in the Virginia-West Virginia line; thence,
along the Virginia-West Virginia line, north forty-nine degrees twenty-
eight minutes west thirteen hundred and thirty-four and forty one
hundredths feet to the point of the beginning.”

3. Powers of the town of Bluefield. In addition to the powers
mentioned in section one hereof, the said town of Bluefield shall have
the following powers:

First. To raise annually by taxes and assessments in said town
such sums of monev as the council thereof shall deem necessary for
the purposes of said town, and in such manner as said council shall
deem expedient. 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.

Second. To impose special or local assessments for local improve-
ments and enforce payment thereof, subject, however, to such limita-
tions prescribed by the Constitution of Virginia, as may be in force
at the time of the imposition of such special or local assessments.

Third. To contract debts, borrow money and make and issue evi-
dence of indebtedness.

Fourth. To expend the money of the town for all lawful purposes.

Fifth. To acquire by purchase, gift, devise. condemnation, or
otherwise, 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 or lease the same or any part thereof,
including any property now owned by the town; except that no school
property, water works, cemetery, or lighting plant, shall be sold, unless
it 1s submitted to a vote of the people.

Sixth. 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
or within one mile of the corporate limits thereof, 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 Tazewell,
Virginia.

Seventh. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, and
all buildings and structures necessary or appropriate for the use and
proper operation of the various departments of the town; and to
acquire by condemnation or otherwise all lands, riparian and other
rights and easements necessary for such improvements, or any of them.

Eighth. To own, operate and maintain water works and to acquire
in any lawful manner in any county of the State such water, lands,
property rights and riparian rights as the council of said town may
deem necessary for the purpose of providing an adequate water sup-
plv for said town and of piping or conducting the same; to lay all
necessary mains; and service lines, either within or without the cor-
porate limits of the said town, and to charge and collect water rents
therefor ; to erect and maintain all necessary 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 when-
ever 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 provided by
the laws of this State. For any of the purposes aforesaid said town
may, if the council shall so determine, acquire by condemnation, pur-
chase or otherwise, anv estate or interest in such lands or any of
them in fee.

That in addition to the powers mentioned and enumerated in the
preceding sections of this charter, and those granted by general law
to towns, the council of the said town shall have the power:

(a) To acquire by purchase, gift. devise, condemnation or other-
wise, property, real and personal, or any estate or interest therein.
within or without the town, for the purpose of a water supply for
the said town; to construct, maintain, regulate and operate a water
system for the use and benefit of the public within and without the
corporate limits of said town; to contract with the board of directors
or other governing body of the city of Bluefield, West Virginia, for the
sale to said municipal corporation of its surplus supply of water from
such system, and to provide in said contract the rates of charge for
said surplus supply of water, and to provide for the collection of said
charges; to contract with the board of directors or other governing
body of the citv of Bluefield. West Virginia, for the jomt ownership
of a public water system.

(b) To employ and fix the compensation of any technical, clerical,
or other force and help which, from time to time, in their judgment,
may be deemed necessary for the construction. opveration or mainte-
nance of any such system, or to acquire the lands, water supplies.
rights-of-way, options and contracts necessary to perfect such system.
(c) To contract for the purchase of water, for such period of
time, and from time to time, as the judgment of the council deems
proper, from any person, firm, association, corporation, or municipality
within or without the State, and to fix the rates or charge to be paid
for such water, and to provide for the payment of such charges.

(d) To negotiate and contract with any person, firm, corporation
or municipality, whether within or without this State, with regard to
the connection of any such system with any other system or
systems now in operation or hereinafter to be established, and with
regard to any other matter necessary and proper for the construction
or operation and maintenance of any such system.

Tenth. To establish, impose, and enforce water and sewerage
rates; and to assess or to cause to be assessed, after reasonable notice
to the owner or owners, water and sewerage rates and charges directly
against the owner or owners of the buildings, or against the proper
tenant or tenants; 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.

Eleventh. To establish, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle, and clean public highways, streets,
alleys, boulevards and parkways, and to alter or vacate the same; to
establish and maintain parks, playgrounds, and other public grounds;
to construct, 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 or remove shade trees
along the streets and upon such public grounds; to prevent the ob-
struction of such streets and highways, abolish and prevent grade
crossings over the same by railroads in the manner prescribed by gen-
eral law for the elimination of grade crossings; to require any rail-
road company operating a railroad 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; and to regulate the length of time such cross-
ings may be closed due to any operations of the railroads; 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 such privileges, 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 here-
after 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 struc-
tures; 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 can-
not agree 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
approve the plans for such crossing as the council shall have deter-
mined shall be made, or substitute such other plans or character of
crossing, whether at grade, overhead or underpass, as the State cor-
poration commission may deem proper under all the facts, circum-
stances and conditions, and the said improvements shall be made by
the corporation whose track is to be crossed and the expense thereof
shall be borne equally by the said corporation and the town, 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.
Twelfth. To establish, construct and maintain sanitary sewers,
sewer lines and systems, and to acquire the abutting property owners to
connect therewith and to establish, construct, maintain and operate
sewerage disposal plants, and to acquire by condemnation or otherwise
within or without the town, all lands, right of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to
charge, assess, and collect reasonable fees, rentals or assessments or
costs of service for connecting with and using the same. :
Thirteen. Subject to the provisions of the Constitution of Vir-
ginia and of this charter to grant franchises for public utilities.
Fourteen. ‘To collect and dispose of sewerage, offal, ashes, gar-
bages, carcasses of dead animals, and other refuse, and to make rea-
sonable charges thereof; and to acquire and operate reduction or any
other plants for the utilization or destruction of such materials, or any
of them; to contract for and regulate the collection and disposal there-
of, and to require and regulate the collection and disposal thereof.
Fifteen. 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 on 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 deposits, 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 offensive business within the said town,
the keeping of hogs or other animals, poultry or other fowl therein,
or the exercise of any dangerous or unwholesome business, trade or
employment therein ; to regulate the transportation of all articles through
the streets of the town; to compel the abatement of smoke and dust,
and prevent unnecessary noise; to regulate 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, con-
venience and welfare of the inhabitants of the town; and to require
all owners or occupants of property having sidewalks in front thereof
to keep the same clean and sanitary, and free from all weeds, filth,
unsightly deposits, ice or snow.

Sixteen. To inspect, test, measure, and weigh any commodity or
article of consumption for use within the town, and to establish, regu-
late, license, and inspect weights, meters, measures and scales.

Seventeen. To extinguish and prevent fires, and to establish, reg-
ulate and control a fire department or division, to regulate the size,
height, materials and construction of buildings, fences, walls, retain-
ing 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 or addition thereto,
which by reason of dilapidation, defect of structure, or other causes,
may have become dangerous to life or property, or which may be
erected contrary to law; to establish and designate from time to time
fire limits, within which limits wooden buildings shall not be con-
structed, 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.

Eighteen. To charge and to collect fees for permits to use public
facilities and for public service and privileges.

Nineteen. 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 also to expel therefrom any such person who has been
in said town less than twelve months.

Twenty. To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same,
inspect all food 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 without liability to the owner thereof; prevent the introduc-
tion 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 the suppression of dis-
eases, to enforce the removal of persons afflicted with contagious or
infectious diseases to hospitals provided for them; to provide the organi-
zation 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 performance of its duties, with power to invest
any or all the officials or employees of such departments of health with
such powers as the police officers of the town have; to establish quar-
antine ground within or without the town limits; and establish such
quarantine regulations against infectious and contagious diseases as
the council may see fit.

Twenty-one. To provide in or near the town, lands to be used
as burial places for the dead; to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of ground
therein ; and to provide for the perpetual upkeep and care of any plot
or burial lot therein, the town is authorized to take and receive sums
of money by gift, bequest, or otherwise, to be kept invested, and the
income thereof used in and about the perpetual upkeep and care of
the said lot or plot, for which the said donation, gift, or bequest shall
have been made.

Twenty-two. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-three. To restrain and punish drunkards, vagrants and
street beggars; to prevent and quell riots, disturbances and disorderly
assemblages; 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.

Twenty-four. 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, or within one mile thereof; to require every owner of a motor
vehicle residing in the said town, on a date to be designated by the
council, to annually register such motor vehicle and obtain a license
to operate the same by making application to the treasurer of said
town, and to require said owner to pay an annual license fee therefor,
to be fixed by the council, but said license fee shall. not exceed the
amount charged by the State on said machine.

Twenty-five. To make and enforce ordinances similar to the pro-
hibition laws of the State.

Twenty-six. To do all things whatsoever necessary or expedient,
and lawful to be done, for promoting or maintaining the general
welfare, comfort, education, morals, peace, government, health, trade,
commerce, or industries of the town: or its inhabitants.
Twenty-seven. To prescribe any penalty for the violation of any
town ordinance, rule or regulation or of any provisions of this charter,
not exceeding five hundred dollars or twelve months’ imprisonment in
jail or both. |

Twenty-eight. To prohibit and punish for mischievous, wanton
or malicious damage to school and public property as well as private
property.

Twenty-nine. To prohibit and punish minors from frequenting,
playing in, or loitering in any public poolroom, billiard parlor or ten-
pin alley and to punish any proprietor or agent thereof for permitting
same.

Thirty. To pass and enforce all by-laws, rules, regulations and
ordinances which it may deem necessary for the good order and gov-
ernment 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, all 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 Bluefield may maintain a suit to restrain by injunction
the violation of any ordinance, notwithstanding punishment may be
provided for the violation of such ordinance.

4. Division into wards. The town of Bluefield shall be divided
into two wards and that area within the corporate limits, as they now
exist, or may hereafter be enlarged, diminished or altered, which is
located east of Bluestone river (as it flows north from a point at the
intersection of Benbow street with the west side of Shenley street)
and east of a line running due south from the point of intersection
of the south line of Benbow street and the west line of Shenley street,
crossing section No. 48-A, as shown on a map of said town, to a point
in the south corporate limits shall be designated the east ward, and that
part of said area which is located west of said Bluestone river and
west of said line shall be designated the west ward.

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

' 6. Composition of council and vacancies. The council shall con-
sist of five members, who shall be voted for at large, whose term of
office, except as hereinafter fixed, shall be for the term of four years.
At the June election, nineteen hundred and thirty, five members shall
be elected as follows: Two members from the east ward, two members
from the west ward, and one member-at-large, who shall immediately
after their qualification cast lots to ascertain which two members, one
from each ward, shall serve for a term of two years, from September
first, nineteen hundred and thirty, and thereafter until their successors
have been elected and qualified; and the remaining three members shall
serve for a term of four years from September first, nineteen hundred
and thirty, and thereafter until their successors have been elected and
qualified. At the June election, nineteen hundred and thirty-two, and
every four years thereafter, two councilmen shall be elected, one from
each ward, who shall serve for a term of four years from September
first, nineteen hundred and thirty-two, and thereafter until their suc-
cessors have been elected and qualified. At the June election, nineteen
hundred and ‘thirty-four, and every four years thereafter, three coun-
cilmen shall be elected, one from the east ward, one from the west ward
and one member-at-large, who shall serve for a period of four years
from September first, nineteen hundred and thirty-four, and thereafter
until their successors 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 councilmen.

7. Qualification of members. Any person qualified to vote in the
town in the election in which he offers shall be eligible to the office of
councilman.

8. Limitations on powers and disqualifications. 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 office shall be interested
directly or indirectly in the profits of any contract 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 of the town offending against
the provisions of this section, shall, upon conviction thereof, be fined
not more than five hundred dollars, and shall forfeit his office. The
prohibitants 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 mem-
bers 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 subordinate 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 with 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 council-
men, 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, an}
member of the council, or the town manager may call special meeting:
of the council, at any time (at least twelve hours), after written notice
with the purpose of said meeting stated therein, to each member servec
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 citizer
may have access to the minutes and records thereof at all reasonable
times; except by unanimous vote of the council, it may convene in
executive session to consider and vote upon the election of officers.

(c) The council shall elect one of its members as chairman, who
shall be ex-officio mayor; also a town manager, a town clerk, and a
town commissioner of the revenue.

The council may appoint all such other boards and commissions as
may be deemed proper, and prescribe the powers and duties thereof.
The council may determine its own rules or 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 wiva voce and the vote
recorded in the journal of the council.

(d) The council shall fix the compensation of the members of
the council, and all other officers the compensation of which is not
otherwise provided for herein, and the compensation of the commis-
sioner of the revenue may be fixed upon a salary basis, in lieu of com-
missions allowed to commissioners of the revenue under the general
law.

10. Powers of mayor.—The mayor shall be elected by the council
at its first meeting after each election and qualification of councilmen,
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, but shall have
n0 jurisdiction or authority to hear, determine, or try any civil or
criminal matters. In times of public danger, or emergency, he, or dur-
ng his absence or disability, the town manager, may take command of
he police and maintain order and enforce the laws, and for this pur-
Dose, may deputize such assistant policemen as may be necessary. Dur-
ng his absence or disability, except as above provided, his duties shall
e performed by another member appointed by the council. He shall
iuthenticate by his signature such instruments as the council, this char-
er, or the laws of the State shall require.

11. Appointments or elections—On the first day of September
ollowing the regular municipal election and organization of the coun-
il, or as soon thereafter as may be practicable, the council shall elect
a town clerk, and a town commissioner of the revenue, and such other
officers as may come within this jurisdiction, each of whom shall serve
at the pleasure of the council; and the same person may be elected town
clerk and town commissioner of the revenue.

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 Bluefield, 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
requirement of a second reading by the affirmative vote of a majority
of the 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 amendment does not materially change the ordinance. No
ordinance shall be amended unless such section or sections as are in-
tended to be amended shall be re-enacted. The aves 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. Ex-
cept as otherwise provided in this charter, an affirmative vote of a ma-
jority of the members elected to the council shall be necessary to adopt
any ordinance or resolution.

14. Emergency measures.—No ordinances passed by the council
shall take effect until at least thirty days from the date of its passage
except that the council may, by the affirmative vote of a majority of its
members, 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
franchise 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 and
indexed 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, within
ten days after its final passage, be published by posting a copy thereof
at the front door of the municipal offices or when ordered by the coun-
cil, by publication 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 reordained
in or by a general 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 evi-
dence 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 or ordi-
nances printed by authority of the council.

16. Printing —The council shall from time to time direct the pub-
lication, with suitable index, of the town ordinance:

Tue Town MANAGER

17. General provisions—The administrative and executive powers
of the town, including the power of appointment of officers and em-
ployees, are vested in an official to be known as the town manager, who
shall be appointed by the council at its first meeting or as soon there-
aiter as practicable, and every three years thereafter, for a term of
three years, but who shall be subject at all times to removal by the
council on proven charges of malfeasance, misfeasance, neglect of duty
or incompetency. He shall receive such compensation as shall be fixed
by the council by ordinance, and shall devote his entire time to the
business of the town, and need not be a resident or citizen of Virginia.

18. 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) To see that such town officers and employees as the council
shall determine are necessary for the proper administration of the town
be appointed, and they 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 appointment and removal to the council at the next meeting thereof
following any such appointment or removal; to see that all terms and
conditions 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 herein, or that may be hereafter 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.

(j) He shall have the further power to perform such other duties
as may be prescribed by the council not in conflict with the foregoing,
and shall be bonded as the council may deem necessary, which bond
shall be with corporate surety approved by the council.

ADMINISTRATIVE DEPARTMENTS

19. The council shall from time to time designate and assign the
particular administrative duties of each of its members, and each mem-
ber of the council shall be designated for particular service as the head
of a department, or departments, over which he shall have special over-
sight and direction, subject to the provisions of this chapter and the
ordinance of the council. Such designations and assignments may be
changed whenever desired by the council, and during any temporary
disability or absence of a councilman, the council may designate another
member to act until the disabled or absent councilman shall resume his
duties.

20. Directors of departments.—(a) At the head of each depart-
ment there shall be a director; provided, that unless and until the
council shall otherwise provide by ordinance the town manager shall
be director of all departments.

(b) The council shall by ordinance determine and prescribe the
functions of each department and may create new departments, combine
existing departments and establish new departments for special work,
when, in its opinion, the proper administration of the town requires it.
(c) The director of each department shall be appointed by and be
immediately responsible to the town manager for the administration
of his department, 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.

21. The town clerk—The town clerk shall be elected by the coun-
cil for the term of two years, subject to removal at the pleasure of the
council. He shall be the clerk of the council, shall attend all meetings
thereof, and shall keep a permanent record of its proceedings. He shall
keep all papers, documents and records pertaining to the town of Blue-
held, 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 or 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.

22. The town treasurer—(a) A town treasurer shall be elected
from and by the qualified voters of the town at the June election, nine-
teen hundred and thirty, and each two years thereafter, and shall qualify
and assume the duties of his office September first, nineteen hundred
and thirty, and serve for two years, and thereafter until his successor
has been elected and qualified, and shall be bonded, by corporate bond,
as the council may deem necessary.

(b) 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.

(c) He shall receive all monies belonging to and received by the
town and keep a correct account of all receipts from all sources and
expenditures of all departments. He shall collect all taxes and assess-
ments, water rents, and other charges belonging to and payable 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 and State taxes under the general law.

(d) He shall pay no money out of the treasury except in the man-
ner prescribed in this charter.

(e) He shall make all such reports and perform such other duties
as may be required by the council.

(t) 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.

(g) He shall as soon as the commissioner of the revenue completes
the land and personal property books take the said books and carefully
audit the same, and compare them with the books of the previous vear.
The land book shall be compared with the assessor’s book lodged in
the clerk’s office of Tazewell county, and the personal property book
shall be compared with the books of the previous year, and the said
treasurer shall procure a copy of the poll books 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 com-
missioner of the revenue is required to be present and render the
treasurer such assistance as he may desire; when said books are cor-
rected and audited the total thereof shall be charged to the town
treasurer on his account. The treasurer shall take the delinquent lists
and lay the same before the town council, and it shall be the duty of
said council 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 ordi-
nances of the town have been returned delinquent, the said council 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. |

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

23. The commissioner of revenue.—The commissioner of revenue
shall 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 the 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, or by the council.

24. 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 con-
duct 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 oppor-
tunity 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.
25. The council shall appoint for a period of two years, and every
two years thereafter a trial justice for the town. The council shall
also appoint a substitute trial justice, and it may at any time revoke such
appointment. In the event of the inability of the trial justice on account
of sickness, absence, vacation, interests, or if he is otherwise disquali-
hed to sit in judgment, the substitute trial justice shall perform all of
the duties of the office of trial justice. Both shall take oath before
entering upon the performance of the duties of office and enter into
bond payable to the town in the penalty of one thousand dollars each,
with surety conditioned for the faithful performance of their duties.
The trial justice shall receive such compensation as may be fixed by the
council, and the trial justice shall charge and collect all fees prescribed
for justices of the peace, which have not been paid in advance, and
all such fees shall be turned into the treasury of the town.

The jurisdiction of such trial justice shall be as follows:

(a) The trial justice herein provided for shall be a conservator
of the peace within the corporate limits of the town, shall have power
to issue civil and criminal process, and shall have exclusive original
jurisdiction to try all offenses against the ordinances of the town.

(b) The said trial justice shall have jurisdiction in the town in all
civil matters now cognizable by justice of the peace, and shall in addi-
tion thereto have concurrent jurisdiction with the circuit court of Taze-
well county in all civil matters, where the claim including damages for
personal injury, does not exceed the sum of three hundred dollars
($300) (exclusive of interést), and shall have jurisdiction of all
matters and things mentioned in section (5) of chapter four hundred
and eighty-three, of the acts of assembly of nineteen hundred and
twenty-two, as amended. After the appointment of such trial justice,
no other justices of the peace, nor the mayor of the town, nor the
juvenile judge of Tazewell county, shall exercise such jurisdiction as
is herein conferred on the said trial justice.

(c) The said trial justice shall also have jurisdiction to try and
decide attachment cases, where the amount of the plaintiff’s claim does
not exceed the general jurisdiction of the said trial justice, and the
proceedings on any such attachment shall conform to the provisions of
chapter two hundred and sixty-nine (269) of the Code of Virginia,
and any amendments thereof, save when an attachment other than
under section sixty-four hundred and sixteen (6416) is returned
executed, and the defendant has not been served with a copy thereof,
the said trial justice upon affidavit in conformity with section sixty-
four hundred and one (6401) of the Code of Virginia, shall forthwith
cause to be posted at the front door where he holds his court, a copy
of the said attachment, and shall file a certificate of the fact with the
papers in the case, and in addition to the said posting, the plaintiff in
the said attachment, or his attorney, shall give the trial justice the last
known address or abode of the said defendant, verified by affidavit, and
the said trial justice shall forthwith mail a copy of the said attachment
to the said defendant at his or her last-known address, or place of
abode, if said defendant be a corporation at its last-known address, and
the mailing of the said copy as aforesaid shall be certified by the said
trial justice in writing, and such certificate shall be filed with the papers
in the case, and after the said copy of the said attachment has been so
posted and mailed as aforesaid for fifteen days, the said trial justice
may proceed to try and decide the said attachment.

(d) The trial justice shall have in criminal cases the same juris-
diction for the town of Bluefield as is now or may hereafter be vested
by general law in the police justices of cities.

26. Procedure, appeals.—All the provisions of law now in force,
or which may be hereafter enacted, governing preliminary examina-
tions, granting of bail, procedure, and appeals in both civil and criminal
cases cognizable by justices of the peace, not affected by this act, shall
apply in like manner to cases tried before the trial justice appointed
hereunder, unless otherwise provided herein, except that in all civil
and criminal cases triable before such trial justice no removal to any
other court shall be allowed; nor shall an appeal be allowed in any civil
case in which the claim does not exceed the sum or value of twenty-
five dollars ($25) exclusive of interest. Appeals when permitted herein
shall be to the circuit court of Tazewell county.

The council shall provide suitable quarters for trial purposes for
the court of such trial justice in the town, and shall provide necessary
books, stationery, and supplies for the said trial justice; such books
shall be kept by the trial justice subject to the supervision of the circuit
court of Tazewell county.

All papers connected with any of the proceedings in the trial of
cases before the trial justice shall be returned to the clerk’s office of the
circuit court of Tazewell county within twelve months after final deci-
sion, and shall be properly filed, indexed, and preserved by the clerk
thereof, who shall receive the same fees as are allowed for receiving,
filing, and indexing papers returned by justices of the peace.

The trial justice shall keep a docket in which shall be entered all
cases tried and prosecuted before him, and the final disposition of the
same, together with an account of costs and fines.

The trial justice shall have power to make and enforce such reas-
onable rules of practice as are not in conflict with law.

Sergeant—The council shal! appoint a town sergeant, to serve at the
pleasure of the council.

Duties.—The town sergeant shall have the powers and discharge
the same duties within the corporate limits of the town as are prescribed
for and required of constables under the general laws, and he shall
collect the same fees as are prescribed for such constables, which shall
be turned into the treasury of the town, except commissions for col-
lections, under levies and attachments shall be retained by the sergeant.
He shall execute such processes as may be directed to him by the trial
justice, and make return thereof to the trial justice. He shall perform
of such other duties as may be required of him by the council.
He shall give bond with satisfactory surety, conditioned for
the faithful performance of his duties as sergeant, and to faithfully
account for all monies coming into his hands by virtue of his office.
He shall be paid such salary as the council shall provide.

FINANCIAL PROVISIONS

27. 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.

28. Public improvement contracts, et cetera—Any public work or
improvement, costing more than one thousand ($1,000) 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 improvements, and approved
by the town manager. All contracts for more than one thousand dol-
lars 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.

29. Sinking fund provision.—There shall be set apart annually
from the revenues of the town a sinking fund sufficient in amount. to
be invested as hereinafter set forth, to pay the indebtedness of the
town as it matures and which by its terms is not payable in one year.

(b) When taxes-on real and personal property are collected each
vear the town treasurer shall take therefrom and deposit in a separate
account to the credit of the sinking fund commission, in such bank or
banks as the council shall select, and the said commission, if it shall so
elect, shall cause the sinking fund to be loaned on improved real estate
situated in the town of Bluefield, secured by first mortgage liens thereon,
provided such funds shall not be loaned to a greater amount than forty
per cent of the fair appraised market value of ‘the property, and title and
fire insurance shall be carried on the property during the loan in an
amount at least equal to the face amount of the loan, which money shall
be loaned at the rate of six per centum per annum, payable semi-
annually, and for not longer than five years at any one time.

(c) All such sinking funds shall be used exclusively in the pay-
ment or purchase and redem-:tion of the outstanding bonds of said
town, and when such sinking funds are not recuired or may not within
a reasonable time be required for the payment of bonds of the town,
or cannot be used to advantage for the purchase or redemption of any
bonds of the town which may be outstanding, the same, when the
amount on deposit to the credit of the sinking fund commission, has
reached $1,000.00, shall be securely invested in interest bearing munici-
pal, State or government bonds, or loaned on real estate as hereinbefore
provided. Such sinking fund may not be used in the payment of serial
bonds.

(d) The council of the town shall appoint a sinking fund com-
mission for the town, composed of three freeholders, whose duties
shall be to receive from the treasurer the said sinking fund, and invest
the sinking fund as herein provided; and shall annually submit a report
to the council showing the condition and amount of the sinking fund.
A bond, with corporate surety, shall be required of the sinking fund
commission, the amount of which shall be fixed by ordinance, and the
premium on said bond shall be paid out of the general fund of the
town. The town shall also pay to each member of the sinking fund com-
mission a salary not exceeding $50.00 per year to each commissioner.

30. Bond issues——The town may issue bonds as provided for in
chapter one hundred and twenty-two of the Code of Virginia.

31. Appropriation ordinance and levy.—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 in June 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 November tenth tollow-
ing, the council shall pass its annual appropriation ordinance.

32. Fiscal year—Unless and until otherwise provided by ordi-
nance the fiscal year of the town of Bluefield shall begin September
first, and end August thirty-first.

33. 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 permission 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 provi-
sions of the appropriations made by the council or under continuing
contracts and loans authorized under the provisions of this charter.

34. Payment of claim.—Payments by the town shall be made only
upon vouchers certified to by the head of the finance committee, and
by means of warrants on the town treasurer, issued and countersigned
by the mayor and by the town manager. All payrolls, bills, and other
claims and demands against the town shall be examined, correctly com-
puted and duly certified by the town manager, before a warrant shall
be issued in payment thereof, and no warrant for payment shall be
issued unless it is found that the claim is in proper form; 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. The town manager may require any
claimant to make oath to the validity of the 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.

35. 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 authority, as the
case may be, that the money required for such contract, agreement,
obligation or expenditure is in the treasury or safely assured to be forth-
coming and available in time to comply with or meet such contract,
agreement, obligation or expenditure; and no contract, agreement, or
other obligation 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 provision of this charter in reference to town bonds.

36. Contingent fund.—Provision shall be made in the annual bud-
get 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

37. License taxes——(a) License taxes may be imposed by ordi-
nance on business, trades, professions and callings and upon the per-
sons, firms, associations and corporations engaged therein, and the
agents thereof, except in cases where taxation by the localities shall be
prohibited 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
obtained a license therefor, shall do any act or follow any business,
occupation, 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 fiftv cents; such license or transfer may be withheld until
the fees are paid into the town treasury for town purposes, and the com-
missioner of revenue shall be paid a salary in lieu thereof.

38. General taxes——(a) The council may impose a tax of one
dollar per annum upon all residents of the town who have attained the
age of twenty-one years for school purposes.
(b) The council may impose a tax upon every dog in the town,
unless the general law of the State provides for such tax on behalf of
the town.

(c) The council of the town of Bluefield 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 pur-
poses 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.

It is hereby expressly provided that said council shall, in its dis-
cretion, be authorized to fix such annual levy on property subject to
taxation in the town of Bluefield, for town purposes, without any limit
as to the rate thereof, any provisions 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) If the commissioner of revenue ascertains that any person
or any real or personal property, subject to local taxation, 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.

(e) The provisions of this charter, in so far as applicable, with
respect to the collection of taxes, 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.

(f£) 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 good.
and chattels may be distrained and sold for State taxes.

39. 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.

Provisions 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 opportunity to be heard before final action
on the assessment.

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 Tazewell county.
(b) No road tax shall be levied in the said town of Bluefield, by
the county of Tazewell, or any subdivision thereof; and the inhabitants
of the town and all taxable property, personal and real, within the cor-
porate limits of the town shall be exempt from all assessments and
levies imposed by the authorities of the county of Tazewell or Clearfork
magisterial district thereof, for the construction, repair or maintenance
of roads lying outside of the corporate limits of the said town, but the
town shall maintain its roads and streets.

40. 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 officer and report to the council.

As soon as practicable after the close of such 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.

Tax LIEN AND SALE FOR DELINQUENT TAXES

41. Tax lien on real estate——A lien shall exist on all real estate
within the corporate limits for taxes, levies and assessments, in favor
of the town, assessed thereon, from the commencement of the year for
which the same were assessed. The council may by ordinance permit
taxes to be paid in semi-annual installments. The council shall require
all real estate, delinquent for the non-payment of taxes, levies or assess-
ments thereon or against the same, to be sold for the said taxes, levies,
or assessments, and may cause a good and sufficient deed to be made to
the purchaser, his heirs or assigns.

Delinquent list-——The treasurer shall make out and deliver to the
council at its regular meeting in July of each year hereafter, a list of
all of the real estate upon which taxes, levies, or assessments are due
and unpaid for the previous year. The treasurer, upon the direction of
the council, shall sell at public outcry, all said real estate, after advertis-
ing the time and place of sale once a week for four successive weeks
in a newspaper published in, or general circulation in the town, in which
shall appear a description of the real estate, as shown on the books of
the commissioner of revenue, and the name of the owner thereof at the
time it was returned delinquent, with the amount of taxes, levies or
assessments against each parcel.

Sale.—If the taxes, levies, or assessments with interest and costs are
not paid before the date of sale, the treasurer sha!l make sale of the
said parcels of real estate to satisfy the taxes, levies, assessments, and
interest thereon to the highest bidder. The sale may be adjourned
from day to day until completed. ‘The treasurer shall execute to the
purchaser a certificate of sale, in which the real estate purchased shall
be described, and the total amount of taxes, levies, or assessments,
with interest and the costs shall be specified. The treasurer shall not
directly or indirectly be a purchaser.

When bid in for the town.—If no bid is made, or such bid shall
not be sufficient to satisfy the taxes, levies, or assessments, with interest
and costs, the treasurer shall purchase such parcels of real estate for
the town. He shall execute his certificate of sale to the town and
deposit it with the clerk of the council.

Report of sale-—The treasurer shall within thirty days after the sale
is completed, make a report thereof, showing each parcel of real estate
sold, the date of sale, the name of the purchaser, the amount of pur-
chase money for each lot, and the report shall be filed with the clerk of
the council and by him recorded in a book kept for the purpose.

Redemption——The owner of any real estate so sold, his heirs or
assigns or any person having a right to charge such real estate with a
debt, or otherwise interested therein, may redeem the same by paying
the purchaser, his heirs or assigns, at any time within two years from
the date of sale, the whole amount paid by such purchaser and such
additional taxes thereon as may have been paid by the purchaser, his
heirs and assigns, with interest and costs; or if purchased by the town,
with such additional sums as have subsequently accrued for taxes, levies,
or assessments, thereon, with costs, if the same had not been pur-
chased by the town, with interest. If the purchaser, his heirs or assigns,
does not reside or cannot be found in the town, or refuse to receive
the same, payment may be made to the town sergeant.

Redemption by persons under disability—Any infant, insane person
or person in prison, whose real estate may have been so sold, or his
heirs, may redeem the same by paying to the purchaser, his heirs or
assigns, within two years from the removal of their disability, the
amount for which the same was sold, with interest and costs as afore-
said, and such additional taxes, levies or assessments on the real estate
as may have been paid by the purchaser, his heirs or assigns, and the
appraised value of any improvements that may have been made thereon,
with interest on the said items at the rate of six per centum, from the
time they may have been made. Upon such payment, and the payment
of such additional sums as may have been incurred by the purchaser in
obtaining a deed within two years after the removal of such disability,
the purchaser, his heirs or assigns, shall at the cost of the original
owner, his heirs and assigns, convey to him or them, by deed with specia!
warranty the real estate so sold.

Application for deed.—If any real estate so sold be not redeemed
within the time allowed for redemption, the purchaser, his heirs or
assigns may thereupon petition the council that the real estate be con-
veyed to him, and after due notice to the party or parties for whose
delinquent taxes, levies or assessments, the said real estate was sold,
and similar notice to the owner as shown by the records of the clerk’s
office of the circuit court of Tazewell county, either by personal service,
or in the event personal service cannot be had by reason of non-resi-
dence, or disability of any kind, by publication once a week for four suc-
cessive weeks in a newspaper published, or of general circulation in the

town, at the expense of the applicant, the said council shall determine
whether all the requirements as to the assessment, the sale, the purchase,
and the period of redemption shall have been complied with, and if
upon such inquiry it be ascertained that the same has been regularly
complied with, and that the purchaser, or his heirs or assigns, is en-
titled to a conveyance of the said real estate, the council shall direct the
same to be conveyed by the clerk of the council. Where the purchaser
has assigned the benefit of his purchase, the deed may be with his con-
sent evidenced by his joining therein or by writing annexed thereto,
executed to his assignee. And if the purchaser shall have died, his
heirs or assigns may move the council to order the clerk of the council
of the town to execute a deed conveying the property to such heirs or
assigns. Such inquiry shall be deemed to be conclusive as to the regu-
larity of all proceedings connected therewith; provided, that where the
town is the purchaser, application for a deed shall be made to the
circuit court of Tazewell county, and the proceedings thereon shall be
similar to the proceedings hereinbefore, in this section outlined, and
such deed shall be executed by the clerk of said court.

Effect of deed—When the purchaser of any real estate sold for
taxes, levies, or assessments, his heirs or assigns, shall have obtained
a deed therefor, and within sixty days from the date of such deed shall
have caused the same to be recorded, all the rights or title to such estate
shall stand vested in the grantee in such deed as it was vested in the
party assessed with the taxes, levies, or assessments, on account whereof
the sale was made, at the commencement of the year for which said
taxes, levies, or assessments were made; and the title of the purchaser
shall not be defeated, except by showing that the real estate was not
subject to the taxes, levies, or assessments for which it was sold; or the
taxes, levies or assessments for the year for which it has been sold
has been paid.

Pusiic SCHOOLS

The council of the town may in its annual budget and annual appro-
priation ordinance make provision for financial support for public
schools in operation for the benefit of the school children of said town.

GENERAL PROVISIONS

42. Vacancies.—Vacancies in any office provided for in this charter
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.

43. Oath of office and qualification —Except as otherwise pro-
vided by general law or by this charter, all officers elected or appointed
under the provisions of this charter shall take 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 ten days after the term of office shall have begun or after his
appointment to fill a vacancy, then such office shall be considered vacant.

44. Officers to administer oaths——The commissioner of the reve-
nue, 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.

45. 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 surety, 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. ‘The town shall pay the
premiums of such bonds.

46. Investigadtions—The council, the town manager, and any
officer, board or commission authorized by them, or either of them,
shall have power to make investigation as to town affairs, and for that
purpose to subpoena witnesses, administer oaths, and to compel the
production of books and papers.

‘Any persons refusing or failing to attend, or to testify or to pro-
duce such books and papers, may, by summons issued by such board or
officer be summoned before the trial justice of the said town by the
board or official making such investigation, and upon failure to give
satisfactory explanation of such failure or refusal, may be fined by the
trial justice not exceeding one hundred dollars or imprisoned not exceed-
ing thirty days, and such person shall have the right to appeal to the
circuit court of Tazewell county. Any person who shall give false
testimony under oath at any such investigation shall be liable to prose-
cution for perjury.

47, Revocable permits—Every permit given or authorized by the
council or town manager to violate the ordinances of the town establish-
ing 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 relating
to obstruction 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.

48. 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 council 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 superior officer of said town, shall be deemed the
property of said town as appertaining to said office, and the incumbent
of such office and his sureties on his bond shall be responsible therefor.

49. 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 em-
ployment or the working, either within or without the town limits, or
within or without any town prison or jail, of all persons sentenced
to confinement in said prison or jail for the violation of the laws of
the State of Virginia, or the ordinances of the town of Bluefield.

50. 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 neces-
sary to enable him to discharge the duties of his office.

51. 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 ordinance 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 trial justice or his
substitute, in the absence of the trial justice, and applied in aid of the
taxes imposed by said town.

92. Ordinances to continue in force —AlIl ordinances now in force
in the town of Bluefield, not inconsistent with this charter, shall be and
reinain in force until altered, amended or repealed by the council of
said town.

93. Town to settle controversies ——In the event the town manager,
or other officer elected by the council, in the administration of their
respective duties, shall disagree or have any controversy with any of
the officers of the town elected by the voters such matter in dispute or
controversy shall be referred to the council for review and decision.

94. Partial invalidity—If 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
invalidate the remainder of said act, but shall be confined in its opera-
tions to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which said judgment shall have been rendered.

55. In case of default on the part of any bonded municipal officer,
the town shall have the same remedies against him and his sureties as
are provided for the State in enforcing the penalty of any official bond
given to it.
56. The same person shall be eligible to, and if elected, or ap-
pointed, may hold a county office and a town office if the said offices
be of the same nature, at the same time; provided, such officer lives
within the town limits; and a person otherwise qualified who is a resi-
dent of the said town shall be eligible to election or appointment to any
county office of Tazewell county.

57. The present officers of the town shall be and remain in office
until the expiration of their several terms.

58. 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 ap-
propriate to the exercise thereof, the said town shall have and may exer-
cise all other powers which are now or may hereafter be possessed or en-
joyed by towns under the Constitution and general laws of this State.

59. Repealing clause-——aAll 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 Bluefield are hereby repealed; provided, however, that nothing
contained in this act, shall be construed to invalidate or to, in any
manner, affect the present existing indebtedness and liabilities of the
town of Bluefield. whether evidenced by bonded obligations or other-
wise, or to relieve it of any part of its present obligation or liability on
account of district bond issues, liabilities or debts of whatsoever nature
or kind.

60. The council of the said town shall have the right to exempt
manufacturing establishments and works of internal improvement from
local taxation for a period not exceeding five years, as an inducement
to their location in said town.

61. 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. If any section, para-
graph, sentence, clause or word in this act should be declared unconsti-
tutional for any reason the remainder of this act shall not be affected
thereby. :