Chap. 176.—An ACT to amend and re-enact an act entitled an act to amend and
re-enact the charter of the town of Culpeper, approved January 11, 1898, as
heretofore amended. fH B 72]

Approved March 14, 1928

Be it enacted by the general assembly of Virginia, That the charter
of the town of Culpeper be amended and re-enacted to read as follows:

1. That the town of Fairfax, in the county of Culpeper, as the same
has been and shall hereafter be laid off into lots, streets, and alleys,
shall be, and the same is hereby, made a town corporate by the name
and style of the town of Culpeper, and by that name shall have and
exercise the powers, and be subject to all the provisions of the Code
of Virginia, except so far as may be herein otherwise provided, and
may sue and be sued by its corporate name.

2. The corporate limits and bounds of the town of Culpeper shall
be as follows: Beginning at the mouth of Tanyard branch, on Moun-
tain Run, thence following a natural bed of said run to the northwest
corner between Lewis P. Nelson and John Jamieson on said run; thence
in a straight line to or near White Oak spring to the old Fredericks-
burg road, at the mouth of the land between the Henley house and the
house of Ira Field; thence with said lane across the road to the Tan-
yard branch; thence in a straight line to the southeast corner of the
United States cemetery; thence with the eastern wall of said cemetery
in a straight line to said Tanyard branch; thence with said branch to
beginning.

3. The said town, and council thereof, shall, in addition to the
powers herein and heretofore granted to it, and the duties herein and
heretofore imposed upon it, have all the rights and powers granted to
towns under all provisions of the Code of Virginia, unless hereby ex-
pressly denied to said town.

4. The municipal authorities of the said town shall consist of a
mayor, recorder, treasurer, and eight councilmen, all of whom shall be
elected by the qualified voters of the town. All persons duly registered
as voters in said town shall be eligible to any of said offices. The
recorder shall be the assessor of the said town.

The mayor, recorder, treasurer, and eight councilmen of said town
now in office shall so continue until the end of the terms for which
they were respectively elected, all of which terms will expire on August
thirty-first, nineteen hundred and twenty-eight, except the terms of four
councilmen, which will expire on August thirty-first, nineteen hundred
and thirty.
1928 ] ACTS OF ASSEMBLY 609

At the next regular election held for said town, as provided by
statute, and at each regular election thereafter, there shall be elected a
mayor, recorder, and treasurer, each for the term of two years from
the first day of September following said election and four council-
men, each for the term of four years from the first day of September
follow ing said election.

5. All corporate powers of said corporation shall be exercised by
the said council, or under their authority, except when otherwise pro-
vided, including all the powers heretofore vested in the trustees of said
town.

6. The council of said town shall elect a town sergeant or sergeants
who shall hold office during the pleasure of the council. Any town
sergeant can at any time be removed from office by a majority of votes
of the council. Upon the death, removal or resignation of any town
sergeant, the council shall elect a successor who shall likewise hold office
during the pleasure of the council.

The council shall designate a sergeant who shall be the chief police
oficer of the said town, and shall perform such other duties as the
council may direct. All sergeants shall have power to exercise within
the corporate limits of said town and in the county of Culpeper within
one mile of the corporate limits of the said town, all the duties that a
constable can legally exercise in regard to the collection of claims,
executing and levying process and he shall be entitled to the same
compensation therefor, and he and his sureties shall be liable to all
fines, penalties and forfeitures that a constable is legally liable to for
any tailure or dereliction in his said office, to be recovered in the same
manner and before the same courts that said fines, penalties and for-
feitures are now recoverable against a constable.

He shall for his services receive such compensation as the council
may fix.

7, Whenever a vacancy shall occur from any cause in the office of
nlavor, treasurer, or recorder, the vacancy for the unexpired terms shall
at once be filled by a majority vote of the entire council of the said
town.

8. The mayor, recorder, treasurer and councilmen shall each, on or
before the first day of the term for which they are elected, make and
subscribe an oath or affirmation that they will truly, faithfully and
impartially discharge the duties of their said offices to the best of their
abilities, so long as they shall continue therein ; the mayor, recorder and
treasurer shall take said oath before a notary public, or some other
oficer authorized to administer oaths, and the councilmen before the
mayor or recorder or some other such officer, who shall file the same
and enter a memorandum of the fact on the town records.

9. If any one who shall have been duly elected mayor, recorder,
treasurer or councilman, shall refuse or neglect to take the oath or
afirmation, or to give the bond required within the time above pre-
scribed, the council for the time being shall declare his said office
vacant, and shall forthwith fill such vacancy for the unexpired term,
by majority vote of the entire council.

10. Whenever from any cause a vacancy shall occur in the office of
councilman, the council for the time being shall, by a vote of the
majority present, fill it by choosing a councilman from among the
citizens of the town eligible to that office under this act.

11. The council shall be presided over at its meetings by the mayor,
or in his absence by one of the councilmen selected by the majority of
the council present.

12. The presence of the mayor and at least four councilmen, or in
the absence of the mayor the presence of five councilmen shall be neces-
sary to make a quorum for the transaction of business.

13. The council shall cause to be kept in a journal an accurate
record of all its proceedings, by-laws, acts and orders, which shall be
fully indexed and open to the inspection of anyone, who is entitled to
vote for members of the council.

14. At each regular meeting of the council the proceedings of the
last regular meeting and all special meetings since same shall be read
to the council and shall thereupon be corrected if erroneous, and signed
by the person presiding for the time being. Upon the call of any
member, the ayes and noes on any question shall be called and recorded
in the journal.

15. In all cases of a tie vote at any meeting of the council, or when-
ever the vote of the mayor is necessary to give validity to any con-
tract or liability incurred, or to any appropriation of money under the
provisions of section thirty-eight hereof, the mayor, if presiding, shall
have the casting vote, or the right to vote under section thirty-eight
hereof.

16. The council so constituted shall have powers within said town
to lay off, open, curb and pave streets, alleys, walks and gutters for the
public use, and to alter, improve and light the same and have them kept
in good order and free from obstructions on or over them; to regulate
the width of sidewalks on the streets, and to order the sidewalks, foot-
ways and gutters to be kept free and clean by the owners or occupants
thereof, or of the real property adjacent thereto; to lay off public
grounds, and to provide contract for and take care of all public build-
ings proper for the needs of the town; to establish and regulate
markets; to prescribe the time for holding the same and what articles
shall be sold only in such markets; to prevent injury or annoyance to
the public or individuals from anything dangerous, offensive or un-
wholesome; to protect the places of divine worship in and about the
premises where held; to abate or cause to be abated anything which,
in the opinion of a majority of the whole council, shall be a nuisance;
to regulate the keeping of gunpowder and other combustibles or ex-
plosives; to provide in or near the town places for the burial of the
dead, and to regulate interments therein and in the town; to provide
for and regulate building of houses or other structures and for making
of division fences and for the drainage of lots by proper drains and
ditches ; to make regulations and provisions for guarding against danger
or damages from fire; to establish and regulate fire zones in said town;
to provide for the poor of the town; to provide a revenue for the town
and appropriate the same to its expenses and to provide the annual
assessment of taxable property in the town; to adopt rules for the
transaction of business and for the government and regulation of its
own body; to promote the general welfare of the town, and to protect
the property of persons therein; to keep a town guard; to appoint and
order out a patrol for the town in like manner and for like purposes
within the same as the patrol may be ordered out by the circuit court
or justice within the county; to require and take from the sergeant and
treasurer bonds with sureties, in such penalty as the council may see
fit, conditioned for the true and faithful discharge of their duties (all
bonds taken by the council shall be made payable to the town by its
corporate name) ; to permit or prohibit the establishment of new places
for the. interment of the dead in or near the town, and to regulate the
same; to erect or authorize or prohibit the erection of gas works or
water works or gasoline tanks in or near the town; to prevent injuries
to or pollution of the same, or danger to the water and healthfulness
of the town (for all which purpose named in this clause, except that
of taxation, the council shall have jurisdiction for one mile beyond the
town) ; to regulate and provide for the weighing and measuring of
hay, coal and other articles sold or for sale in said town, and to regulate
the transportation thereof through the streets.

The council may appoint an officer known as town manager, who
shall hold office during the pleasure of the council, whose duties shall
be prescribed by the council. He shall receive such compensation as
shall be fixed by the council.

The council shall also be vested with all powers granted city and
town councils under chapter one hundred and twenty-one, of the Code
of Virginia. .

17. To carry into effect these enumerated powers, and all other
powers conferred upon the said town, or its council, expressly or by
implication, in this or any other acts of the general assembly of Vir-
ginia, the council shall have power to make and pass all needful orders,
by-laws and ordinances not contrary to the Constitution and laws of
Virginia, or the Constitution of the United States, and to prescribe,
impose and enact reasonable fines not exceeding five hundred dollars,
and penalties, or imprisonments in the county jail for not exceeding
twelve months, or both such fine and imprisonment (except that in
cases of contempt the imprisonment in jail shall not be for more than
ten days or a fine of more than twenty dollars), or to enforce the col-
lection of a fine, which fines, penalties and imprisonment shall be re-
covered under the judgment of the mayor of said town, or by the per-
son lawfully exercising his functions. And the authorities of said
town may, with the consent of the circuit court of said county, entered
of record, have the right to use the jail of said county of Culpeper for
any purpose for which the use of a jail may be needed by them, under
the acts of council or of the State.

18. The council shall cause to be annually made up and entered
upon its journal an account and estimate or budget of all sums which
are, or may become lawfully chargeable on the said town, which ought
to be paid within one year; and it shall order a town levy of so much
as in its opinion is the amount which should be raised from taxes,
licenses and other sources for said purposes.

19. The levy so ordered may be upon all the real estate within the
said town which is not exempt from taxation, and on all such other
property and subjects, subiect to local taxation, not prohibited by law:
provided, that the tax do not exceed one dollar and fifty cents on every
hundred dollars of the value assessed on real and personal property,
including that levies to meet the interest on the funded debt of said
town, and to provide for the final payment of the principal thereof:
and provided, further, that before any debt shall be created by the said
council for which money is to he borrowed, the council, if it shall deem
it to be to the interest of the corporation to create such debt, evidenced
by a recorded vote of a majority of its members, or if two hundred of
the qualified voters of the town shall present to the council a petition
requesting the same, shall submit to a vote of the qualified voters of
the said town, at such time as it may prescribe not exceeding sixty
days after such recorded vote, or after the said petition shall have been
presented as aforesaid, the question as to whether said sum of money
shall be borrowed. Said election shall be held in the manner provided
for such elections by the general laws of the Commonwealth, and if
a majority of the qualified voters voting at such election shall be in
favor of borrowing money, the said council shall issue and sell the
bonds of the said corporation, and said bonds shall be issued in such
denominations and bear such interest not exceeding six per centum
per annum, as may be determined by the council; said interest to be
payable quarterly, semi-annually or annually, as the council may pre-
scribe. The said council may select a depository for the money arising
from the same or negotiations of the said bonds, and they may require
such security therefor as may be approved by the recorded votes of
at least two-thirds of all of the members of the council, but if they shall
choose a national bank or banks as depository no security shall be re-
quired unless specifically ordered.

20. Whenever anything for which a State license 1s or may under
the Constitution and laws of this State or the Constitution of the
United States be required to be done within the said town, the council
may require a town license to be had for doing the same, and may
impose a tax thereupon for the use of the town, unless prohibited by
law; and the council may in any cause in which it sees fit, require from
the person so licensed a bond, with sureties, in such penalty and with
such conditions as it may think proper, said council may also grant
or refuse license to owners or keepers of wagons, drays, carts or motor
vehicles, in the town, and may require taxes to be paid thereon, and
subject the same to such regulations as they may deem proper.

21. The revenues from these and other sources shall be collected,
paid over and accounted for at such times and to such persons as the
council shall order. And the said council shall have the further power
and authoritv to designate the time of the vear for which taxes are
assessed shall begin except when otherwise provided by the State.

22. The treasurer shall collect all the town taxes, licenses and other
revenues, and shall have the power one month after he shall have
received the books of the assessor of the said town, to distrain and
sell therefor in like manner as a county treasurer may sell and distrain
tor State taxes, and shall have in all other respects the same powers
as a county treasurer to enforce the payment and collection thereof;
and he and his securities shall be liable to all fines, penalties and for-
feitures that a county treasurer is legally liable to for any failure to
dereliction in his said office, to be recovered in the same manner and
before the same courts that said fines, penalties and forfeitures are now
recoverable against the county treasurer. Said treasurer may appoint
one or more deputy treasurers to assist him in the discharge of the
duties of his office, and when such appointment is contirmed by the
council, such deputy shall have all the powers for the collection of
such taxes, license and other revenues as is given to the treasurer by
this section, and shall be subject to the same penalties, remedies and
habilities ; but this shall not release the treasurer from Hiability for the
faithful collection and disbursement of the revenues of the town or
from responsibility for the acts of his deputy.

23. There shall be a lien on the real estate within said town for the
town taxes assessed thereon, from the commencement of the year for
which they are assessed. When any of said taxes are returned delin-
quent a list of the same shall be returned to the clerk of the circuit
court of the county of Culpeper, and be by him entered in a book
turnished by the said town, and kept in his said office, the form and
manner of entering the same to be similar to that provided by law for
the record of delinquent taxes on real estate due the State or county.
In said book there shall also be columns in which shall be entered the
names of purchasers, the amount and date of sales of real estate sold
for delinquent taxes as provided in this charter. When the taxes so
returned delinquent are entered into said record as herein provided, the
same shall be held to be constructive notice of the lien thereof, and
the said real estate shall be liable thereto as against creditors, and in the
hands of purchasers or other persons into whose hands the said real
estate may pass. And the said real estate may be sold for taxes as
provided in this charter, whether owned by the persons in whose name
it was assessed or not. After said real estate has been so sold for taxes
the same may be redeemed within such time and by such persons and
upon such terms as is provided by law for the redemption of lands
sold for State and county taxes, except that the money paid for such
redemption shall be paid to the treasurer of the town of Culpeper.
Upon such redemption of said real estate the treasurer shall issue to
the persons so redeeming it a certificate to that effect, which certificate
shall be presented to the recorder of the town, who shall charge the
treasurer with the amount therein named, and shall countersign the same,
and the same when so countersigned shall be presented to the clerk of
the circuit court of the county of Culpeper, who shall thereupon mark
in the said record the redemption of the said real estate, the name of
the party redeeming it, and the date thereof, and shall preserve such
certificate in his office. The clerk shall receive for his service a fee
of ten cents for each lot of land so entered in such record, a fee of ten
cents for the entry of such sale of real estate as is provided in this
charter, and a fee of twentv-five cents for such redemption so entered.
to be paid by the town of Culpeper, and which shall be charged against
and be a lien upon said land along with the taxes against the same. At
the expiration of the time within which said real estate mav he re-
deemed, if the same has not been redeemed as herein provided, the
recorder of the town of Culpeper shall execute to the purchaser thereof
a deed conveying the same in like manner as is prescribed by law for
the conveyance of real estate by the clerk of the county which has
been sold for delinquent taxes to the State, and such deed shall convey
such title as would be conveved had the same been sold for State or
county taxes.

24. The circuit court of Culpeper county on application of the
council may order real estate, delinquent for the nonpayment of taxes,
to be sold by the treasurer of said town at public auction for such taxes
at such times as it shall direct; said sale and the advertisement thereof,
ta be made in conformity, as near as may be, to the State law with
reference to the sale of delinquent land. When such sale has been
made the same with the date thereof, the name of the purchaser and
the amount for which the said real estate sold shall be entered by the
clerk in the record of delinquent real estate provided for in section
twenty-three.

25. The council may regulate any theatrical performance, entertain-
ment, show, public dance hall, pool room or any other entertainment
or exhibition, or 1f they deem any one of them injurious to the morals
or good order of the town they may prohibit the same.

26. The recorder, treasurer and sergeant and such other officers and
emplovees as may be required hy the council so to do, shall before enter-
ing upon the duties of their offices, or at such other time as the council
may require, execute before the council of the said town or other
officers of the said town, proper bond with security and conditions as
the council may direct. The bond of the recorder shall be conditioned
for the faithful performance of the duties of his office, and the bonds
of the treasurer, sergeant and other officers and employees shall be con-
ditioned for the faithful performance of their respective duties as
such and for the proper collection and account for all moneys which
shall come into their hands, respectively, or which shall be their re-
spective duty to collect at such time as the council may order and to
pay over all moneys under proper order of the council to those entitled
to the same, and such other conditions as the council may direct.

27. Vhe mayor shall be the chief executive officer of the town. He
shall take care that the by-laws, ordinances, acts and resolutions of
the council are faithfully executed. He shall be ex-officio, a conser-
vator of the peace within the town and within one mile of the limits
thereof, and shall exercise all the powers, civil and criminal, vested in
justices of the peace for the county. He shall have control of the police
of the town and may appoint special police officers when he deems it
necessary. It shall be his duty especially to see that peace and good
order are preserved, and that persons and property are protected in the
town. He shall have power to issue executions for all fines and costs
imposed by him, or he may require the immediate payment thereof,
and in default of such payment, he may commit the party in default to
the jail of Culpeper county until the fines and costs shall be paid; but
the term of imprisonment in such case shall not exceed twelve months.
He shall from time to time recommend to the council such measures as
he may deem needful for the welfare of the town. He shall receive a
salary to be prescribed by the council, not exceeding one thousand dol-
lars per annum, to be paid by the treasurer in quarterly or monthly
installments. Such salary shall be fixed by the council preceding the
election of officers of the town, which shall be neither increased nor
diminished for the term for which he shall have been chosen.

28. The duty of the recorder shall be to keep a journal of the pro-
ceedings of the council and have charge of and preserve the records of
the town. In the absence from town, or sickness of the mayor, or
during any vacancy in the office of mayor, he shall perform the duties
of the mayor and be invested with all his powers, except to preside
over the council. He shall be a conservator of the peace within the
said town. He shall receive a compensation for his services not to
exceed one thousand dollars per annum, to be fixed by the council pre-
ceding the election of the officers of the town, which shall not be in-
creased or diminished during the term for which he shall have been
elected. He shall issue warrants upon treasurer for all moneys ordered
to be paid by the council, which warrants shall be drawn upon the
treasurer payable to the person or persons entitled to receive the same,
and signed by the mayor of the town and countersigned by the recorder
except in such cases as may have been otherwise ordered. He shall
provide a book of blank warrants, to each of which shall be attached
a stub, upon which stub shall be entered the number of the warrants
taken therefrom, the name of the person to whom payable, the amount
and date thereof, and for what issued, all of which shall correspond
with the warrant so issued. This book, with all others kept by the
recorder, shall be open at any time to the inspection of the council or
any member thereof. Ile shall be ex-officio the assessor of the cor-
poration, with like powers and duties as a commissioner of the revenue
in the assessment of the property for State or county taxation, and
shall make and preserve a book in which the real estate of the town
is assessed and one in which the personal property of the town is as-
sessed for taxation, and shall return the same to the council at such
time as it may prescribe for its inspection and approval. The assess-
ment of real estate and personal property for the purpose of taxation,
shall be the same as the assessment thereof, for the purpose of State
and county taxes, if assessed for taxation by the State or county of
Culpeper.

29. In case of the absence from town, or the sickness of both mayor
and recorder, and in case-the office of both mayor and recorder are
both vacant at the same time, the council shall by vote of a majority
present, appoint some person to fill each office until the mayor or
recorder may return to resume their duties, or until such vacancy or
vacancies are properly filled.

30. It shall be the duty of the treasurer to collect the taxes and
other income and revenue of the town, and to account for and pay the
same to such persons and at such times as the council may order; and
at such times as the council may prescribe to render an account to the
council showing his receipts and disbursements of the money which
he has or should have collected, and to account for all taxes and other
revenues which have been placed in his hands for collection and to
return therewith a list of such as he shall have been unable to collect
by reason of insolvency, to which list the officer so rendering it shall
make oath that he has used due diligence to collect the same, but has
been unable to do so.

The council shall, if it be satisfied that he could not have collected
the said claims by use of due diligence, allow them; but if the council
shall be of the opinion that by the use of due diligence on the part of
the said treasurer or his deputy, he could have collected said taxes or
other claims, then he shall be chargeable with such as he might have
collected.

31. All moneys belonging to said town shall be paid over to the
treasurer, and no money shall be paid out except as the same shall have
been appropriated and ordered to be paid by the council; and the
treasurer shall pay the same only upon warrants drawn upon him, as
provided in section twenty-eight of this charter, except in such cases
as otherwise ordered by the council. He shall keep regular accounts
with the town, crediting it by all moneys received, and which by due
diligence he might have received, and charging it with all moneys so
disbursed, which books, as well as others relating to the business of the
town, shall be open at any time to the inspection of the council or any
member or agent thereof. He shall also keep a book in which shall
be registered all warrants presented, payment of which is refused for
want of funds to meet the same, and the warrants so registered shall
be paid in the order in which they are registered, when funds appli-
cable thereto shall come into his hands, except that the person to whom
any warrant is made payable may use the same in the payment of taxes.
Should the person to whom any warrant is made payable be indebted
to the town for taxes or otherwise, then the said indebtedness shall be
deducted therefrom, whether in the hands of the person to whom pay-
able or any other. He shall annually, on the first day of September,
or as soon thereafter as practicable, set.'e his accounts with the council
or a committee thereof, at which time he shall furnish a statement of
all moneys received by him during the preceding year, and of all dis-
bursements made, together with the warrants upon which said payments
were made, which warrants shall be inspected, and if approved, can-
celled by the said council or committee, as the case may be. He shall
receive as compensation for his services not to exceed one thousand
dollars per annum, to be fixed by the council preceding the election of
officers of the town, which shall not be increased or diminished for the
term for which he shall have been elected.

32. If the said treasurer shall fail to account for and pay over all
of any moneys that shall come into his hands when thereto required by
the council, it shall be lawful for the council, in the corporate name
of the town, by motion before any court of record held in Culpeper
county, to recover from the said treasurer and his sureties or their per-
sonal representatives, any sums that may be due from the said treas-
urer to said town on ten days’ notice. But this action shall not be
construed to prevent the bringing of any action by the town which it
might have brought had this section not been passed.

33. If the sergeant, treasurer, or other officer or employee shall fail
to collect, account for and pay over all the taxes, fines and other revenues
of the town in their hands for collection or safekeeping, according to
the conditions of their respective bonds, it shall be lawful for the coun-
cil to recover the same by motion in the corporate name of the town
before any court of record in the said county of Culpeper, against the
sergeant, treasurer or other officer or employee and sureties of either
on his bond, or any or either of them, his or their executors, or adminis-
trators, on giving ten days’ notice of the same. But this section shall
not be construed to prevent the bringing of any action of the town
which it might have brought had this section not have been passed.

34. The said town and the taxable persons and property therein
shall be exempt and free from the payment of any poor rates or road
tax for any year in which it shall appear that said town shall, at its
own expense, provide for its own poor and keep its streets in order,
except the tax for road bonds already issued, for which the town 1s
not being taxed. |

35. The council shall have the power to make such ordinances, by-
laws, orders and regulations as they may deem necessary to prevent
hogs, dogs or other animals from running at large or doing injury to
persons or property in the limits of the corporation, and may subject
the same to such fines, regulations and taxes as they may deem proper
and which fines and taxes shall constitute liens on the same, and the
said animals may be sold, after ten days’ notice, to enforce payment of
said fines and taxes.

36. The council shall not take or use any private property for
streets or other public purposes, without making to the owner or
owners thereof just compensation for the same; but in all cases where
the said corporation cannot by an agreement, obtain title to or an ease-
ment in the ground necessary for such purposes, it shall be lawful for
said corporation to apply to the circuit court of Culpeper county for
authority to condemn the same, either within or beyond the corporate
limits of the town of Culpeper, which shall be applied for and proceeded
with according to law.

37. All the rights, privileges and properties of the said town hereto-
fore acquired and possessed, owned and enjoyed by any act now in
force, not in conflict with this act, shall continue undiminished and
remain vested in the said town under this act, and all laws, ordinances,
acts and resolutions of the council now in force, not inconsistent with
this act, shall be and continue in full force and effect until regularly
repealed by a council elected as provided under this act.

38. The council shall not have the power to contract any debt or
liability, or make any appropriation of money without the concurrence
of at least five members of the council, or four members and the
mayor, entered on the journal.

39. All acts and parts of acts in conflict with this act are hereby
repealed.

40. An emergency existing requiring the same being deemed to
exist, this act shall be in force from its passage.