Chap. 186.—An ACT to provide a new charter for the town of Colonial Heights,
Chesterfield county, Virginia, and to repeal all acts or parts of acts in con-
flict therewith. [H B 251]

Approved March 21, 1930

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 Colonial Heights
heretofore or hereafter made by the present council and government
by them, while in office, not inconsistent with this charter and the gen-
eral laws and Constitution of the State, shall be and are hereby de-
clared to be valid and legal. 7

2. The town corporate.—The inhabitants of the town of Colonial
Heights, 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 Colonial Heights, and as such shall have
and may exercise all powers which are now or hereafter may be con-
ferred upon, or delegated to towns under the Constitution and laws of
the Commonwealth of Virginia as fully and completely as though saic
powers were specifically enumerated herein, and no enumeration of
particular powers by this charter shall be held to be exclusive.

3. Town boundaries.—Beginning at a point on the Appomattox
river at low water mark at the intersection of the property known as
Riverside Park and the property of E. S. Youngblood, as shown by
a certain plat made by Carter R. Bishop, C. P. E., dated June 24,
1924, entitled “Colonial Heights and its environments” ; running thence
in a northerly direction along the dividing line between the two proper-
ties aforesaid to the intersection of Conduit road and Roslyn road,
as shown on said plat; running thence along the south side of Roslyn
road in an easterly direction to the land of Allen Temple; running
thence in a north-westerly direction along the dividing line between
the property of Allen Temple, and Garmichael and the property of
W. S. Ivey and W. E. Gibbs to a point on the southeastern side of
the Conduit road; running thence along the southeastern side of the
Conduit road as it meanders to the northern side of Lyons road, as
shown on said plat; running thence along the northern side of Lyons
road in a westerly direction to the Richmond and Petersburg turn-
pike; running thence along the eastern boundary of the said Rich-
mond and Petersburg turnpike in a northerly direction to a point
opposite the dividing line between the property known as Chesterfield
Place and West Lyonia; running thence across said turnpike and along
the dividing line between said Chesterfield Place and West Lyonia in
a westerly direction to the eastern right of way of the Seaboard Air
Line railway; running thence in a southerly direction along the east-
ern boundary of the Seaboard Air Line railway as it meanders to the
Appomattox river at low water mark; thence down and along the
north bank of the said Appomattox river at low water mark as it
meanders to the point of beginning, which said description, by metes
and bounds, embraces the present boundaries of the town of Colonial
Heights, as fixed by an order of the circuit court of Chesterfield county,
and which shall constitute the town of Colonial Heights, in the county
of Chesterfield, Virginia, and by that name shall have perpetual suc-
cession, may sue and be sued, in and by that name, and the said town
and the inhabitants thereof, in addition to the powers conferred upon
towns of less than five thousand inhabitants by the general laws of
the State of Virginia, shall have and exercise the following powers
and privileges:

POWERS

4. Powers of the town of Colonial Heights.——In addition to the
powers mentioned in section two hereof, the said town of Colonial
Heights shall have the following powers:

(1) To raise annually taxes and assessments in said town such
sums of money 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.

(2) To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations pre-
scribed by the Constitution and laws 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
evidences 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, with-
in the town 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 make and adopt a comprehensive plan for the town, and
record the same in the office of the clerk of the circuit court of the
county of Chesterfield, and when so adopted and recorded all plats
and re-plats of subdivision of any land into three or more lots 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 circuit court of the county
of Chesterfield.

(7) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
jail, comfort stations, markets, and all buildings and structures neces-
sary or appropriate for the use and proper operation of the various de-
partments 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.

(8) To own, operate and maintain water works and to purchase
water therefor from any city, company or companies which may have
the same for sale and distribution. For any of the purposes aforesaid
said town may, if the council shall so determine, acquire by condem-
nation, 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 ordi-
nance providing for such condemnation or purchase.

(9) 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 the owners of land and water power for the
use thereof, or may have the same condemned, and to purchase such
electricity 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.

(10) To exercise the power of eminent domain for the purpose ot
acquiring or taking any or all spring, springs, water supplies, pipe
1930] ACTS OF ASSEMBLY 491

lines, reservoirs, land, property, easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein for
the purpose of supplying, or supplying the town of Colonial Heights,
or its inhabitants, with water, in accordance with the provisions of
section thirty hundred and thirty-one of the Code of Virginia.

(11) To establish, impose and enforce the collection of water,
light and sewerage rates, and rates and charges for public utility, or
other service, products, or conveniences, operated, rendered, or fur-
nished 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 building, or against the proper tenant or tenants, and
may, by ordinance, provide that where charges are made against ten-
ants, the owner or owners shall be directly liable 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 the 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 furnished such service to such tenant.

(12) To establish, 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 such public grounds; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels, sew-
ers 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 elimination of grade crossings; to require any railroad company
operating a railroad at the place where any highway or street is crossed
within the town limits to erect and maintain at such crossing 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 re-
quire, in accordance 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 opera-
tion and speed of all engines, cars and trains, or railroads within the
town; to regulate the service to be rendered, including route traversed,
and rates charged by buses, motor cars, cabs and other vehicles for
carrying 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 designate 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 re-
construction of so much of said street as may be damaged by the re-
492 ACTS OF ASSEMBLY [VA.

moval of such railroad 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 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 hereafter erected, to
change the location or move the same; 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, 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 speci-
ications 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 davs thereafter agree upon such plans and specifications,
or cannot 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 com-
mission, 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
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, cir-
cumstances and conditions in the case; 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
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.

(13) To acquire by gift, purchase, exchange, or by the exercise
of the power of eminent domain within this State, lands, and any in-
terest 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 purpose of producing materials required for the construction,
repair and maintenance of streets, highways, sidewalks, water works,
reservoirs, sewer, electric lights and public buildings in the town; and
to acquire by gift, purchase, exchange, or by the exercise of the power
of eminent domain within this State, lands and machinery and equip-
ment, and build and operate a plant or plants for the preparation and
fixing 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 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 sew-
erage 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 connecting with and using the same.

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

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

(17) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses 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.

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; 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 col-
lect said expense by suit or motion, to regulate or prevent slaughter
houses or other noisome or offensive business within said town, the
keeping of hogs, cattle or other animals, poultry or other fowls 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
billboards, 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
and unsightly deposits.

(19) 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.

(20) 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, within or without the corporate limits of the
said town; to license, regulate, control and locate slaughter houses with-
in the corporate limits of the town; and for such services of inspection
to make reasonable charges therefor; and to provide such reasonable
penalties for the violation of such ordinances. :

(21) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to establish,
regulate, and control a paid or voluntary fire department or division ;
to regulate the size, height, materials and constructions of buildings,
fences, walls, retaining walls and other structures hereafter erected in
such manner as the public safety and convenience may require; to
remove or require to be removed or reconstructed any building, struc-
ture or addition thereto which by reason of dilapidation, defect of
structure, damage by fire, or other causes, may have become danger-
ous 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 materials; 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.

(22) To charge and to collect fees for permits to use public facil-
ities and for public service and privileges.

(23) To provide for the care, support and maintenance of chil-
dren and of sick, aged, insane or poor persons and paupers.

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

(25) 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 other than a com-
mon carrier 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; 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 over-
throw of the Federal, State, or municipal government by force or vio-
lence or inciting the people, or any of them, to riot, or to any unlawful
effort against the social, governmental, industrial, educational or moral
welfare of the people.

(26) 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 con-
demn, seize and destroy or otherwise dispose of any such article or
thing without liability to the owner thereof; prevent the introduction
or spread of contagious or infectious diseases, and prevent and sup-
press disease generally; to provide and regulate hospitals within or
without the town limits, and if necessary to the 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 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 quarantine around
within or without 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.

(27) 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.

(28) 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 things and acts necessary to carry out the pur-
poses of such gifts, grants, bequests, and devises, with power to man-
age, 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.

(29) 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 are 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, im-
pairs the convenient use of such street, or renders impracticable, with-
out extraordinary expense, the improvement of the same, and the town
may subsequently dispose of the property so acquired, making limita-
tions as to the use thereof, which will protect the beauty, usefulness,
efficiency or convenience of such parks, plats and property.

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

(31) 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
496 ACTS OF ASSEMBLY , [va.

to expel therefrom persons guilty of such conduct who have not re-
sided therein as much as one year,

(32) 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.

(33) To make and enforce ordinances similar to the prohibition
laws of the State, which are now or may hereafter be enacted by the
said State.

(34) 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.

(35) 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 ot

otherwise, within or without the town, land, interests in land, water,
power sites, easements, property, and property rights necessary for
such purpose.

(36) 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 markemstrt ess, of tie town,
or its inhabitants.

(37) To prescribe any penalty for the violation of any town or-
dinance, rule or regulation or of any provisions of this charter, con-
sistent with the Constitution and laws of the United States and of
this State.

(38) 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 citi-
zens or their property; and to do such 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.

(39) Upon a two-thirds vote of all the members of the said
council, the said council shall have the right to lay a levy of not more
than ten cents on the hundred dollars valuation of all property, real
and tangible, in the said town subject to town levies, and to pay the
same to the school board of the city of Petersburg to be used by the
said school board only for the purpose of supplementing the tuition
that may be chargeable against any student or students or the school
board of Chesterfield county attending any high school located within
the said city.

The town of Colonial Heights may maintain a suit to restrain by
injunction the violation of any ordinance notwithstanding punish-
ment may be provided for the violation of such ordinance.
5. The administration and government of the town of Colonial
Heights shall be vested in one principal officer, styled the mayor. and
one board, composed of nine persons styled the council of the town of
Colonial Heights, together with a commissioner of the revenue, a clerk,
treasurer, and a chief of police, whose qualifications to hold such of-
fices, respectively, shall be the same as is required of persons to vote
and hold office under the Constitution and laws of the State of Vir-
ginia. Vacancies in the council shall be filled within thirty days, for
the unexpired term, by majority vote of the remaining members
thereof.

6. Only the mayor and councilmen in office at the time of the
passage of this act, shall continue in office until the first day of Sep-
tember, nineteen hundred and thirty. or until their successors are
elected and qualified. The election for mayor and councilmen shall
be held on the second Tuesday in June, nineteen hundred and thirty,
and every second year thereafter. And the mayor and the councilmen
elected under this act shall enter upon the duties of their respective
offices the first day of September succeeding their election.

7. The mayor and other municipal officers of said town, before
entering upon the duties of their respective offices, shall be sworn in
according to the laws of the State by anyone authorized to administer
oaths.

8. The council shall fix the salary of the mayor, clerk, commis-
sioner of the revenue, treasurer, sergeant, and town counsel, subject
to the provisions of the laws of Virginia.

9. The council may in its discretion, appoint a board of health
for the town of Colonial Heights and invest it with authority for the
prompt and efficient performance of its duties.

10. The council shall, by ordinance, fix the time of its meetings.
It shall have authority to adopt such rules as it may deem proper for
the regulation of its proceedings and compel the attendance of its
members, and to punish its members for misconduct, and by a vote of
three-fourths of the whole council expel a member for good cause.

11. A majority of the council shall constitute a quorum for the
transaction of business; but no ordinance or resolution shall be adopted,
having for its object the levying of taxes or appropriation of moneys,
except by a vote of two-thirds of the council. The mayor shall pre-
side at all meetings of the council, and in the absence or inability of the
mayor the members of the council present shall elect one of their body
to preside over said meetings, but the mayor or presiding officer over
said meetings shall not be entitled to vote, except in case of a tie.

12. Limitations on powers and disqualifications—(a) Any mem-
ber 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 of work, or be
financially interested, directly or indirectly, in the sale to the town of
498 | ACTS OF ASSEMBLY [Va.

any land, materials, supplies, or service (other than official services).
Any member of the council, or any other officer of the town, offending
against the provisions of this section, shall upon conviction thereof,
be fined not more than five hundred dollars or be imprisoned not more
than thirty davs, or both, in the discretion of the court, and_ shall
forfeit his office.

13. 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
council 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 regu-
larly meet not less than once each month. The mayor, or any two
members of the council, may call special meetings of the council, at
any time (at least twelve hours), or 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
and the mayor 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 mayor shall appoint the members of such boards, com-
mittees and commissions as are necessary for the conduct of its
municipal affairs and for the government of the town. The mayor
may appoint all such other boards, committees and commissions as
may be deemed proper, and the council shall prescribe the powers and
duties thereof. The council may determine its own rules of pro-
cedure, 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.

14. Powers of mayor—The mayor shall preside at the meetings
of the council and perform such other duties consistent with his office
as may be imposed by the council, but he shall have no vote in the
proceedings, except that of veto, or in the case of a tie. 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 prescribed by
the laws of the State. In times of public danger, or emergency, he
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, his duties shall
be performed by another member elected by the council. He shall
authenticate by his signature such instruments as the council, this
charter, or the laws of the State shall require.

15. Appointments or elections—Upon the passage of this act,
and thereafter on the first day of September following each regular
municipal election and organization of the council, or as soon thereafter
as may be practicable, the council shall elect a town clerk, a town treas-
urer, a town commissioner of the revenue, a town attorney and a chief
of police, and such other officers as may come within their jurisdic-
tion, each of whom shall serve at the pleasure of the council; pro-
vided, 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 biennial municipal election
for members of the council.

ORDINANCES

16. 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 authoriz-
ing the contracting of indebtedness, shall be confined to one subject.

17. 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 Colonial Heights, Vir-
ginia.”

(b) No ordinances, or resolution having the effect of an ordi-
nance, or resolution suspending an ordinance, unless it be an emer-
gency measure, 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 meet-
ing, provided, the requirements of a second reading by the affirmative
vote of four members of the council may be confined to the reading
of the title only. Any ordinance or resolution read at one such meet-
ing may be amended and passed as amended at the next such meet-
ing, provided that the amendment does not materially change the ordi-
nance. 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 reso-
lutions and entered upon the journal of the proceedings of the coun-
cil. 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.

18. Emergency measures.—(a) No ordinance 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 two-
thirds of its members, pass emergency measures to take effect at the
time indicated therein.
500 ACTS OF ASSEMBLY [VA.

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or pro-
viding for the daily operation of a municipal department. The emer-
gency shall be stated in every such measure. Ordinances appro-
priating money may be passed as emergency measures, but no measure,
selling or conveying any real estate or making a grant, renewal, or
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. ,

19. 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 authenti-
cated 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 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 when 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 as 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
of ordinances printed by authority of the council.

20. Printing—The council shall, from time to time, direct the
publication, with suitable index, of the town ordinances.

21. Municipal elections——A municipal election shall be held on the
second Tuesday in June of every second year, beginning with the year
nineteen hundred and thirty, and shall be known as the regular munici-
pal election for mayor and 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, nom1i-
nations, and elections held hereunder. Except as herein otherwise
provided, registration nominations and elections held under this charter
shall be in accordance with the general laws of the State.

22. Method of conducting municipal elections —The candidates
at any regular municipal election for the election of mayor or council-
men, 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 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 mayor or councilmen, than the number of
vacancies 1n the council to be filled, shall be void, but no ballot shall
be void for containing a less number of names than is permitted hereby.

ADMINISTRATIVE DEPARTMENTS

23. Enumeration of departments.—The following administrative
departments are hereby created:

(a) Department of finance.

(b) Department of fire.

(c) Department of law.

(d) Department of public property.

(e) Department of water and sewer.

24. Chairman of departments——(a) At the head of each depart-
ment the mayor shall appoint a chairman. Unless and until the coun-
cil shall otherwise provide by ordinance the town attorney shall be the
chairman of the department of law.

(b) The council shall by ordinance prescribe and determine the
functions and duties of each department and may create new depart-
ments, or combine existing departments and establish new depart-
ments for special work, when, in its opinion, the proper administra-
tion of the town requires it.

25. The town clerk.—(a) 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 thereof, and shall keep
a permanent record of its proceedings. He shall keep all papers,
documents and records pertaining to the town of Colonial Heights,
the custodv 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 franchises, 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 officials. He shall perform such other
duties as are required by this charter or by the council by ordinance
or resolution.

26. 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 moneys 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
assessments, light bills, water rents, and other charges belonging to
and payable to the town.
(c) He shall pay no money out of the treasury except in the
manner prescribed in this charter.

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

(e) He shall be subject to the supervision of the council of the
town of Colonial Heights and shall perform such other duties not in-
consistent with his office, have such powers and be liable to such penal-
ties as are now or may hereafter be prescribed by law or ordinance.

(£) He shall make all such reports and perform such other duties
not inconsistent with his office as may be required by the mayor 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 shall be paid for
his services as stich treasurer such salary as may be provided by the
said council.

(h) He shall as soon as the commissioner of the revenue of the
town completes the town land and personal property books take the
said books and carefully 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 Chesterfield 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 commissioner of the revenue is re-
quired 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 finance committee shall, upon being notified, at
once determine the question in dispute; 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 finance committee, and it shall be the duty
of said finance committee 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
finance committee, 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 council.
(j) Unless and until otherwise provided by ordinances the duties
of the offices of town clerk and town treasurer shall be performed by
one official.

27. 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 advisor of, and the
attorney and the counsel for the municipality and all its officers in
matters relating to their official duties, he shal! give written opinions
to any officer or department or official 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 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 is 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.

28. The commissioner of revenue-——The commissioner of revenue
of the town shall, subject to the supervision of the finance committee,
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 finance
committee or by the council.

29. The purchasing agent——(a) The town council shall designate
a purchasing department composed of at least two members of the
council, by whom all purchases of supplies for the town shall be made,
and who shall approve all vouchers for the payment of same. The said
department shall also conduct all sales of personal property that may
be 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.

FINANCIAL PROVISIONS

30. Finance committee——The finance committee 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 moneys,
and shall perform such other duties as the council may by ordinance
provide.
504 ) ACTS OF ASSEMBLY [VA.

31. The annual budget——Not later than sixty days before the end
of each fiscal year, the finance committee 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 divi-
sions of the town government, according to a classification as nearly
as possible uniform, and in accordance with the statute laws of the
state.

32. Public improvement contracts, et cetera——Any public work
or improvement, costing more than one thousand ($1,000.00) dollars,
shall be executed by contract, except where a specific work of improve-
ment is, by the council, authorized and directed to be done by force
account, such work to be based on detailed estimates submitted by the
department authorized to execute such work or improvement, and
approved by the council. All contracts for more than one thousand
dollars shall be awarded to the lowest responsible bidder in such man-
ner and under such bond as may be prescribed by ordinance and after
the mayor shall have made due advertisement for such time as the
council may prescribe, by newspaper or posted notices. But the mayor
and council 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 council may pro-
ceed to do the work by procuring the required labor and materials
without the necessity of advertising.

33. Sinking fund provision-—(a) All sinking funds or any bonds
heretofore or hereafter issued 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 reason-
able time be required for the payment of any bond 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 unencumbered 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 he
used in the payment or purchase and a redemption of all of its bonds.

(b) The council shall require of any bank or banks receiving on
deposit its revenues or any of its sinking fund a fidelity bond.

Section 34. 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 obligations, 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 coun-
cil. The probable life of no public improvement shall be considered
over thirty years, except that the possible life of public buildings other
than school houses, maybe forty years; concrete bridges, forty years:

and parks or other real estate, fifty years. :

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

(c) In lieu, however, of creating a sinking fund, or sinking
funds, as in section thirty-three herein provided, the town may issue
bonds, 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, ascertained and certified as hereinbefore provided.

(d) Pending the issuance and sale of any bonds, notes, other
obligations by this section authorized, or in anticipation of the receipt
of taxes, and revenue 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 renew such
temporary 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 pro-
ceeds 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 what-
soever, be granted to or in aid of any person, association or corpora-
tion. The council shall not issue any bonds, notes or other obliga-
tions 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 limitation of the power of the town to incur indebt-
edness there shall not be included the classes of indebtedness men-
tioned in subsections (a) and (b) of section one hundred and twenty-
seven of the Constitution of the State.

({) 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 ordi-
nance may be amended by ordinance at any time before the bonds to
be affected by such amendment have been sold. All other matters re-
lating to such bonds may be determined by resolution within the limita-
tions prescribed by such ordinance or by this charter.
(h) However, if there shall be omitted from this charter any pro-
rision essential to the valid authorization, sale, execution and issuance
yf any of the bonds of said town, the provisions of the general law,
vith reference to similar bonds, shall supply said omission.

(i) Any bonds issued by the town under this charter shall be
iened by the mayor and attested by the clerk under the seal of the
own, 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 mayor and sold by the town
‘reasurer, under supervision of the mayor 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.

35. Appropriation ordinance and levy—At not less than thirty
days before the first Monday in the month of April of each year, the
France committee 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, if any, 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 ordinance.

36. Fiscal year—Unless and until otherwise provided by ordi-
nance, the fiscal year of the town of Colonial Heights shall begin
January first, and end December thirty-first.

37. 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 appro-
priation has been made, the unencumbered balance of such appropria-
tion 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 authorizing 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 appropriations made by the council or
under continuing contracts and loans authorized under the provisions
of this charter.

38. Payments of claims——Payments by the town shall be made
only upon vouchers certified to by the head of the appropriate com-
mittee, or other division of the town government, and by means of war-
rants on the town treasurer, issued by the treasurer and countersignec
by the mayor. The finance committee shall examine all payrolls, bill:
and other claims and demands against the town, and no warrant shal.
be issued 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, whict
has not been exhausted, or that the payment has been otherwise legally
authorized ; and that there is money in the town treasury to make pay
ment. He may require any claimant to make oath to the validity of <
claim. He may investigate any claim, and tor such purpose ma!
examine witnesses under oath, and if he finds it is fraudulent, erro-
neous or otherwise invalid, shall not issue a warrant therefor. ©

39. Certification—-No contract, agreement or other obligation
involving 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 treasurer shall first certify to the council or to the proper officer,
as the case may be, that the money required for such contract, agree-
ment, obligation 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, agree-
ment, or other obligation involving the expenditure of money pavable
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 accord-
ance with the provisions of this charter, in reference to town bonds.

40. Contingent fund—Provision shall be made in the’ annual
budget and annual appropriation ordinance for a reasonable contin-
gent fund for use in any of the affairs of the town. Such contingent
fund shall be under the town council.

‘TAXATION

41. License taxes.—(a) License taxes may be imposed by ordi-
nance on business, 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
first obtained a license therefor, shall do any act or follow any busi-
ness, occupation, vocation, pursuit, or calling in the town for which a
license may be required by ordinance, to such fine or penalty as it 1s
authorized to impose for any violation of its laws.

(c) For every town license granted by the treasurer 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 treasurer by the
person obtaining the license or transfer and such license or transfer
may be withheld until the fees be paid.

42. 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, except such persons as may be exempt by law.

(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 Colonial Heights is authorized
to, and shall annually, order a town. levy for so much, as in their opin-
ion, is necessary to be raised in that way, in addition to what may be
received from licenses and from other sources, to meet the appropria-
tion 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. |

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 Colonial Heights for town purposes, subject
to the provisions of the general laws of the State.

(d) That all taxes, whether general or special, assessed upon
anv !and 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 com-
mencement 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
said town shall not be able, with due diligence, to collect the said taxes
by the first dav of August of the year after the same 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 present 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 Chesterfield
county, to be by him recorded in a separate delinquent land book pro-
vided by the town for the record of delinquent taxes on real estate
due the town, and shall also certify a copy of the said list to the
treasurer of Chesterfield county to be used by said treasurer in accord-
ance with the law regulating the sale of delinquent lands and in the said
book there shall also be columns for the entering of the names of pur-
chasers 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 he!d 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 sale, to be paid by the town of Colonial
Heights, 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
county taxes due the county, 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 county
taxes, he shall, nevertheless, sell for the town taxes. The sales and
report of sales and confirmation of same shall be in all respects in
accordance with the law connected with and regulating the sale of
1930] ACTS OF ASSEMBLY 50¢

delinquent lands for the nonpayment of county taxes, and the saic
council shall charge the treasurer with whatever may be due from hin
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 fot
less than the amount of taxes, levies, interest, penalties and costs, anc
if no bids shall be received at such sale for said amount and the Com-
monwealth is not the purchaser, the same shall be bid in and purchased
by the said treasurer for the said town, in which event the treasuret
shall execute to the said town a certificate of sale, in which the descrip-
tion 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 Chesterfield 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 redemption of real estate sold for delin-
quent taxes due the county, by paying to the county clerk of Chester-
field 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 county, if same has not
been redeemed, a deed shall be executed to the purchaser other than
the town of Colonial Heights. according to the provisions of the statute
law. The council of the said town shall, after sixty days 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 Chesterfield county
the certificate of sale made by the county treasurer and hereinbefore
referred to, with the oath prescribed by law attached thereto, that the
real estate has not been redeemed; and thereupon the said town of
Colonial Heights 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 anyone having such rights may redeem the same at any time
before the expiration of said four months. The said certificate, or
record thereof, or a‘ certified copy thereof, shall be evidence of the
facts therein stated, in all courts and other places of this Common-
wealth; provided, however, that the failure to obtain on record such
certificate shall not affect the lien of the town of Colonial Heights
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
hve 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 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. }

({) The provisions of subsections (d) and (e) of section forty-
two of this charter, in so far as applicable, shall apply to the assess-
ment 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
obtained, 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 fidu-
ciary 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.

43. Special assessments——(a) All local or special assessments
shall be made and assessed by the council under such regulations as
it 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 Chesterfield 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 assessment thereon, or for the non-payment of any
expense incurred by the town in abating any nuisance thereon, or
cutting or removing weeds therefrom, as provided in section four
(subsection twenty) hereof.

44. Audits of accounts——Upon the death, resignation, removal
or expiration of the terms of any officer of the town, the council shall
order an audit and investigation to be made of the accounts of such
officer and such report shall be filed with the said 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.
45. Transfer of franchise——(a) No public utility franchise shall
be transferable except with the approval of the council expressed by
ordinance, 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, exten-
sions, or amendments of public utility franchise 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 misuse or
nonuse 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 plants and
services and the maintenance of the plants and fixtures at the highest
practical standard of efficiency.

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

(4) Extensions.—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 the charter and in any original
grant hereafter made. The right to use and maintain such extension
shall terminate with the original grant.

(5) However, if there shall be omitted from this charter any pro-
vision essential to the valid sale, or granting, renewing, extending, or
amending, any franchise, privileges, lease, or right of anv kind to use
any public property therein, the provisions of the general law with
reference to this subject shall supply said omissions. — Provided,
however, that nothing contained in this charter shall affect any fran-
chise heretofore granted, or any contract heretofore made with a
public utility corporation, nor shall anything contained in this charter
be construed to conflict with the jurisdiction of the corporation com-
mission of the State of Virginia.

GENERAL PROVISIONS

46. Vacancies.—Vacancies in any offices 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.

47. Salaries of councilmen.—The council shall have the right to
fix the salaries for the members thereof, but not to exceed the sum
of ten dollars per month, and the same shall not be increased or dimin-
ished during their respective terms of office. ,

48. 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 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
512 ACTS OF ASSEMBLY [VA..

town clerk, before entering upon the discharge of their duties, and if
the requirements of this section have not been complied with by an
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 con-
sidered vacant.

49. Officers to administer oaths——The commissioner of the reve-
nue, town clerk and town treasurer, shall have power to administer
oaths, to take and sign affidavits in the discharge of their respective
official duties.

50. Bond.—aAll 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,
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 on such bonds. |

51. Investigations.—The council, the mayor 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 sub-
poena 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 his failure to give satis-
factory explanation 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 Chesterfield county. Any person who shall give false testi-
mony under oath at any such investigation shall be liable to prosecu-
tion for perjury.

52. Revocable permits——Every permit given or authorized by
the council or mayor in violation of the ordinances of the town estab-
lishing fire limits and providing for the character or 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.

53. Actions against the town-for damages.—No action 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 clerk of said town.
54. 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 the 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 ordinances 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 incum-
bent of such office and his securities on his bonds shall be responsible
therefor.

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

56. 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
employment 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 ordinances
of the town of Colonial Heights. ,

57. Penalty for officers failing to perform duties.—If any officer
of the town of Colonial Heights, whether he be elected by vote of the
people or by the council, or appointed by the council, or the mayor,
who shall fail or refuse to perform any of the duties required of
him by this charter or by ordinance or resolution of the town coun-
cil, 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.

28. 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 ad-
joining country, the improvement of entrances and terminals to and
from the town, including those of public service corporations looking
to the future harmonious development of a town plan, the planning for
playgrounds, parks and boulevard system, the location of public build-
ings, including school buildings and other public works, and public
utilities, and all such other things as will tend to make the town of
Colonial Heights a more convenient, attractive and modern town.
The council may, in its discretion, appoint an advisory town plan-
ning 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
twenty years, the same shall thereby become a street, alley or lane
for all purposes; provided, that the town council shall, by ordinances,
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
purposes, in the division or subdivision into lots of any portion of
the territory 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 council 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 reserved for other public purposes, or any por-
tion of the same. No agreement between, or release of interest by the
person owning the lands immediately 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 any-
thing 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,
avenues and alleys, both below and above ground.

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 State of Virginia
and 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 ot
any of the ordinances of the said town, and may commit to the jail of
the county of Chesterfield for safe keeping and confinement at the
expense of the town all prisoners who shall be sentenced to imprison-
ment under the ordinances of the said town; and until such fines and
costs shall have been paid, compel such person or persons so com-
mitted to the said jail for violation of such ordinances to work on
the streets and public works, or buildings of said town.
62. General powers.—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 the 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 imprisonment not exceeding twelve months, or both, fines to
be recovered, with costs, in the name of said town before the mayor,
or any councilman of said town, in the absence of the mayor, and ap-
plied in aid of the taxes imposed upon said town.

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

64. Partial invalidity—If any clause, sentence, paragraph, or part
of this act, shall, for any reason, be adjudged by any court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate 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. |

65. Citation of act—This act may for all purposes be referred
to or cited as the Colonial Heights charter of nineteen hundred and
thirty.

66. General laws to apply—The enumeration of particular powers
and authority in this charter shall not be deemed or held to be ex-
clusive, but in addition to the powers enumerated herein, implied here-
by, 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 or enjoyed by towns under the Constitution and general
laws of this State. ,

67. 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.