Chap. 321.—An ACT to provide a new charter for the town of Lexington, Rock-
bridge county, Virginia, and to repeal all acts or parts of acts in conflict there-

with. [H B 114]
Approved March 25, 1932

1. Be it enacted by the general assembly of Virginia, That the
inhabitants of the town of Lexington, 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 Lexington, and
as such shall have and may exercise all powers which are now or may
hereafter be conferred upon or delegated to towns under the Con-
stitution and laws of the Commonwealth of Virginia as fully and com-
pletely as though such powers were specifically enumerated herein, and
no enumeration of particular powers by this charter shall be held to
be exclusive.

2. Territorial limits——The territory contained within the limits
of said town shall be the same as heretofore established by acts of the
general assembly of Virginia, and is more particularly described as
follows:

Beginning at the west side of Main street opposite the center of
Wallace street, thence south twenty-four, thirty west three hundred
and twenty-eight feet to corner number B, a stake; thence south sixty-
three, east thirty-eight feet, crossing Main street to corner number
one; thence south twenty-four, thirty west two hundred and eighty-six
feet to corner number two, a fence post; thence south forty-five, thirty
‘east three hundred and seventy-three feet to corner number three;
thence north thirty-nine, thirty east six hundred and twenty-one feet
to corner number four; thence south forty-six, fifteen east eight hun-
dred and sixteen feet with center of Wallace street to corner number
five; thence north thirty-eight, fifteen east one thousand one hundred
and four feet crossing Houston street to corner number six, a locust;
thence north sixty-five, forty-five east, two thousand one hundred and
thirty-eight feet to corner number seven, south side of Washington
street; thence north twenty-nine, forty-five west two hundred and
twenty-three feet along the south side of Washington street to corner
number eight; thence north sixty-three, east four hundred and seventy-
six feet to corner number nine; thence north thirty-three, forty-five
west six hundred and four feet to corner number ten, east side of
Lewis street ; thence north fifty-six, forty-five east two thousand seven
hundred and eighteen feet along the east side of Lewis street to corner
number eleven ; thence south forty-seven, thirty east three hundred and
nine feet to corner number twelve; thence north forty-three, thirty
east four hundred and six feet to corner number thirteen; thence north
forty-two, fifteen west two hundred and sixty feet to corner number
fourteen; thence north thirty-six, forty-five east three hundred feet to
road, thence one thousand five hundred and nineteen feet to corner
number fifteen, a stake which bears north fifty, sixteen west from
a pine pointer on the river cliff; thence north sixty, forty-five west
two hundred feet to corner number sixteen; thence north sixty, west
- two hundred and seventy-four feet to corner number seventeen ; thence
north thirty-six, thirty west one hundred and eighty-five feet to mill
race, thence seven hundred feet to corner number eighteen, center
post of bridge over North river; thence north fifty-seven, fifteen west
three hundred and six feet to corner number nineteen; thence north
seventy-six, thirty west three hundred and twenty-two feet to corner
number twenty; thence north sixty, west two hundred and forty-seven
feet to corner number twenty-one, a willow at head of the island;
thence south thirty-nine, forty-five west eight hundred and fifty-nine
feet to corner number twenty-two, on north-east bank of Woods creek ;
thence north sixty-five, forty-five west three hundred and seventy feet
to corner number twenty-three; thence north sixty-three, forty-five
west four hundred and ten feet to corner number twenty-four; thence
north sixty-five, thirty west one hundred and forty-nine feet to corner
number twenty-five; thence north seventy-two, forty-five west four
hundred and twenty-four feet to corner number twenty-six; thence
north seventy-nine, west two hundred and eighty-five feet to corner
number twenty-seven; thence south eighty-seven thirty west three hun-
dred and seven feet to corner number twenty-eight ; thence south thence
south forty-nine, thirty west, three hundred and thirty-five feet. to
corner number twenty-nine; thence south thirty-one, thirty west one
hundred and eighty-four feet to corner thirty; thence south sixty-nine,
thirty west three hundred and ninety-one feet to corner number thirty-
one; thence south thirty-four, forty-five west two hundred and sixty-
nine feet to corner number thirty-two, fifteen east two hundred feet
to corner number thirty-three; thence south sixty-eight, fifteen west
one hundred and eighty-one feet to corner number thirty-four; thence
north sixty-four, west one hundred and thirty-two feet to corner
number thirty-five; thence south seventy, forty-five west one hundred
and twenty-three feet to corner number thirty-six; thence south thirty-
three, west two hundred and nineteen feet to corner number thirty-
seven; thence south sixty-nine, forty-five west one hundred and twenty-
one feet to corner number thirty-eight; thence south seven, fifteen east
one hundred and fifty-eight feet to corner number thirty-nine; thence
south eighty-four, thirty west one hundred and eighteen feet to corner
number forty; thence north seventy-six, west two hundred and eight
feet to corner number forty-one, the northeast corner of railroad
culvert; thence north fifty-seven, thirty west one hundred and twenty
feet through culvert to corner number forty-two; thence south eighty-
one, west two hundred feet to corner number forty-three; thence south
twenty-six, forty-five west two hundred feet to corner number forty-
four; thence south forty-three fifteen west sixty-nine feet to corner
number forty-five ; thence south seventy-eight, fifteen west two hundred
feet to Kerr’s creek road; thence two hundred and thirty-four feet to
corner number forty-six; thence south fourteen, fifteen west two hun-
dred and twenty-nine feet to corner number forty-seven; thence south
fourteen, forty-five west three hundred and fifty-one feet to corner
number forty-eight; thence south sixty-five, west four hundred and
twenty-six feet to corner number forty-nine; thence south seven, forty-
five east three hundred and sixty-one feet to corner number fifty;
thence south sixty-eight, fifteen west two hundred feet to Kerr’s creek
bridge, thence two hundred and eighty-six feet to corner number fifty-
one; thence south seventy-nine, thirty west one hundred and ninety
feet to corner number fifty-two; thence south fifty-five, thirty west
one hundred and twenty feet to corner number fifty-three; thence south
thirty-six, west three hundred and twelve feet to corner number fifty-
four; thence south sixty-one, west one hundred and ninety feet to
corner number fifty-five; thence south seven, fifteen west one hundred
and sixteen feet to corner number fifty-six; thence south sixty, west
two hundred and thirty-three feet to corner number fifty-seven; thence
south thirty-nine, west one hundred and thirty-two feet to corner num-
ber fifty-eight ; thence south fifty-six, forty-five west one hundred and
seventy-eight feet to corner number fifty-nine; thence south nineteen,
forty-five west two hundred and thirty-three feet to corner number
sixty; thence south forty-five, thirty west one hundred and fourteen
feet to corner number sixty-one; thence south forty-six, east three
hundred and sixty feet to corner number sixty-two; thence south fifty,
west sixty-five feet to corner number sixty-three, a point on the east
side of Ross road; thence with Ross road north forty-five, west twenty-
four feet to corner number sixty-four; thence north eighty-four, thirty
west eighty-three feet to corner number sixty-five; thence south sixty-
eight, west fifty-one feet to corner number sixty-six; thence south
fifty-seven, west eight hundred and twenty-nine feet to corner number
sixty-seven ; thence crossing Ross road south forty-two, east two hun-
dred and ten feet to corner number sixty-eight, an old elm; thence
south thirty-two east six hundred and forty-five feet to corner number
sixty-nine; thence north seventy-five, east seven hundred and eighty
feet to corner number seventy; thence north five, west three hundred
and thirty-five feet to corner number seventy-one; thence south forty-
six, fifteen east nine hundred and eighty-seven feet to the beginning.

3. Powers of the town of Lexington.—In addition to the powers
mentioned in section one and two hereof, the said town of Lexington
shall have the following powers: |

(1) To raise annually by taxes and assessments in said town such
sums of money as the council thereof may deem necessary for the pur-
poses of the 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
prescribed by the Constitution of Virginia, as may be in force at the
time of the imposition of such special or local assessments.

(3) To contract debts, borrow money and make and issue evi-
dences 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 or without the town or State and for any of the purposes of the
town; and to hold, improve, sell or lease the same or any part thereof,
including any property now owned by the town.

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

7) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, jail, com-
fort stations, markets, and all buildings and structures necessary or
appropriate for the use and proper operation of the various depart-
ments of the town; and to acquire by condemnation or otherwise all
lands, riparian and other rights and easements necessary for such im-
provements, or any of them.

(8) To own, operate and maintain water works and to acquire in
any lawful manner in the county of Rockbridge, or in any of the
counties of the State immediately adjoining the county of Rockbridge,
such water, lands, property rights and riparian rights as the council of
the said town may deem necessary for the purpose of providing an
adequate water supply for said town and piping or conducting the same ;
to lay all necessary mains and service lines, either within or without
the corporate limits of said town, and to charge and collect water rents
therefor; to erect and maintain all necessary dams, pumping stations
and other works in connection therewith ; to make reasonable rules and
regulations for promoting of its water supply and for protecting the
same from pollution; and for this purpose to exercise full police powers
and sanitary patrol over all lands comprised within the limits of the
water shed tributary to any such water supply ; to impose and enforce
adequate penalties for the violation of any such rules and regulations,
and to prevent by injunction any pollution or threatened pollution of
such water supply and any and all acts likely to impair the purity
thereof; and for the purpose of acquiring lands, interest in lands,
property rights and riparian rights or materials for any such use to
exercise within the State all powers of eminent domain provided by
the laws of this State. For any of the purposes aforesaid, the said
town may, if the council shall so determine, acquire by condemnation,
purchase, gift, or otherwise any estate or interest in such land or any
of them in fee. |

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

(a) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real and personal, or any estate or interest therein,
within or without the said town, for the purpose of a water supply
for the said town; to construct, maintain, regulate, and operate a water
system for the use and benefit of the public within and without the
corporate limits of the said town.

(b) To employ and fix the compensation of any technical, clerical
or other force and help which, from time to time, in its judgment, may
be deemed necessary for the construction, operation or maintenance
of any such system or to acquire the lands, water supplies, rights-of-
way, options and contracts necessary to perfect such system.

(10) To establish, impose and enforce water and sewerage rates;.
and to assess or cause to be assessed, after reasonable notice to the
owner or Owners, water and sewerage rates and charges directly
against the owner or owners of the building or buildings, or against
the proper tenant or tenants; and in event such rates and charges shall
be assessed against a tenant, then the said council may by ordinance,
require of such tenant a deposit of such reasonable amount as may be
by such ordinance prescribed before furnishing such services to such
tenant, and may, by ordinance provide that where charges are made
against tenants, the owner or owners shall be directly liable in case
such tenant or tenants fail to pay when the rates for said water and
sewerage are properly assessed.

(11) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean public highways, streets, alleys,
boulevards, and parkways, and to alter or relocate, or vacate or close
or abandon the same; to establish and maintain parks, playgrounds and
other public grounds; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to construct, main-
tain, and operate bridges, viaducts, sewers, and drains and to regulate
the use of all such highways, parks, playgrounds and works; to prevent ©
encroachment upon, or obstruction of such streets and highways; to
designate and classify streets with reference to the construction, use,
width and condition thereof, and to designate and prescribe lines or
limitations for the erection or alteration of buildings and improve-
ments upon private property with relation to such streets: to abolish
and prevent grade crossings over the same by railroads in the manner
prescribed by the general law for the elimination of grade crossings;
to require any railroad company operating a railroad at any place where
a highway or street is crossed within the limits of the town to erect
and maintain at such crossing or crossings, any style of gate approved
by the council, and keep a man in charge thereof, or keep a flagman
at such crossing or crossings, during such hours as the council may
require; and to regulate the length of time such crossings may be
closed due to the operation of the railroads; to permit or prohibit poles
and wires for electric, telephone and telegraph purposes to be erected
and gas pipes to be laid in the streets and alleys, and to prescribe and
collect an annual charge for such privileges, hereafter granted; and to
require the owner or lessee of any gas line, electric light, telegraph or
telephone pole or poles or wires or cables or pipes now in use or here-
after used, to place such wires, cables or pipes in conduits underground
and prescribe rules and regulations for the construction and use of such
conduits ; to require the owner or lessee of any gas line, electric light,
telephone or telegraph pole, or poles, or wires, or cables or pipes now
in use or hereafter erected, to change the location or move the same:
to regulate the operations, weight of load and speed of all cars and
vehicles using or operating on or through the streets, highways, or
alleys of said town; to regulate the service to be rendered, including
routes to be traversed, and rates charged by buses, motor cars, cabs,
and other vehicles for carrying passengers, or for the transfer of
baggage or freight; to regulate the use of all such streets and high-
ways by buses, either passenger or freight, and to regulate the length
of time such passenger or freight bus or buses may stop and occupy
the streets and highways for the purpose of receiving or discharging
passengers or loading or unloading freight; and to do all things what-
soever adapted to make said streets and highways safe, convenient
and attractive.

(12) To establish, construct and maintain sanitary sewers, sewer
lines and systems and to require abutting property owners within the
town, or without the town where the drainage is toward or through
the town, to connect with the same; and to establish, construct, main-
tain and operate sewerage disposal plants, and to acquire by condemna-
tion 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, assess, and collect reasonable fees, rentals or
assessments or costs of service for connecting with and using the same.

(13) Subject to the provisions of the Constitution of Virginia and
statutes made in pursuance thereto, and of this charter to grant fran-
chises for public utilities.

(14) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses of dead animals, and other refuse, and to make reasonable
charges therefor; 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, and in con-
nection with its sewerage system, the town may use and continue to
use the North (or Maury) river.

(15) To compel the abatement and removal of all nuisances within
the town, or upon property owned by the town without or beyond its
corporate limits, at the expense of the person or persons causing the
same, or of the owner or occupant of the ground or premises whereon
the same may be, and to collect said expense by suit or motion or by
distress and sale; to require all lands, lots or other premises within the
said town to be kept clean and sanitary and free from stagnant water,
weeds, filth, and unsightly deposits, or to make them so at the expense
of the owners or occupants thereof, and to collect said expense by
suit, or motion, or by distress and sales; to regulate or prevent slaughter
houses or other noisome or offensive business within the said town or
within one mile of the corporate limits thereof; to regulate or prevent
the keeping of hogs or other animals, poultry or fowl therein, or the
exercise of any dangerous or unwholesome business, trade, or employ-
ment therein; to regulate the transportation of all articles through the
streets of the said town; to compel the abatement of smoke and dust,
and to prevent and prohibit unnecessary, cruel, or unusual noises; to
regulate the location of stables and the manner in which they shall
be constructed and kept; to regulate, permit or prohibit 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, safety, convenience and welfare of the inhabitants
of the town; and to prevent the pollution of Sara’s run, or Wood’s
creek, or any other running stream, either within the town or within
one mile of the corporate limits thereof; and to require all owners or
occupants of property having sidewalks adjacent thereto to keep the
same clean and sanitary, and free from all weeds, filth, unsightly
deposits, snow or ice.

(16) To inspect, test, measure and weigh any commodity or article
of consumption for use within the town, and to establish, regulate,
license, and inspect weights and measures and scales, as well as meters.

(17) 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
within or without the corporate limits of the town; and for such
services of inspection to make reasonable charges therefor; and to
provide reasonable penalties for the violation of such ordinances.

(18) To extinguish and prevent fires, and to establish, regulate
and control a fire department or division; to regulate the size, height,
materials and construction 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 re-
moved or reconstructed, at the expense of the person or persons causing
the same, or the owner or owners thereof, or the owner of the ground
whereon the same may be, any building, structure or addition thereto.
which by means of dilapidation, neglect, defect of structure, or other
causes, may have become dangerous to life or property, or a menace
to health, or liable to originate or spread fire within the town, or which
may be erected contrary to law; to establish and designate from time
to time, fire limits, within which wooden buildings shall not be: con-
structed, removed, added to, enlarged or repaired, and to direct any
and 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; and regulate the storage, sale and use
of gunpowder, dynamite and other explosive or combustible substances,
or fireworks or fire crackers manufactured therefrom, kerosene, gaso-
line, benzine or other inflammable or combustible material; to regulate
the exhibition of fireworks, discharge of firearms, and to restrain or
prevent making bonfires in streets, alleys, yards, or lots within said
town.

(19) To charge and to collect fees for permits to use public
facilities, and for public service and privileges.

(20) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety
of the town, from coming to the said town from without the same;
and also to expel therefrom any such person who has been in the said
town less than twelve months.

(21) To provide for the preservation of the general health of said
town, make regulations to secure the same, inspect all food and food
stuffs and prevent the introduction and sale in the said town of any
articles or things intended for human consumption, which is adulterated,
impure, or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; to prevent the introduction or spread of
contagious or infectious disease; and prevent and suppress disease
generally ; to provide and regulate hospitals within or without the town
limits, and if necessary to the suppression of disease, to enforce the
removal of persons afflicted with contagious or infectious diseases to
hospitals provided for them; to provide the organization of a depart-
ment of health to have the powers of a board of health for the town,
with the authority necessary for the prompt and efficient performance
of its duties, with power to invest any or all of the officials or employees
of such department of health with such powers as the police officers of
the town have: to establish quarantine ground within or without the
town limits ; and establish such quarantine regulations against infectious
or contagious diseases as the council may see fit; to prevent dogs and
other animals from running at large in the town, and may subject the
same to such confiscations, regulations and taxes as the council may
deem proper.

(22) 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, and to do all the things and acts neces-
sary to carry out the purposes of such gifts, grants, bequests and
devises, and with power to manage, maintain, operate, sell, lease or
otherwise dispose of or handle the same, in accordance with the terms
and conditions of such gifts, grants, bequests and devises.

(23) To exercise full police powers and establish and maintain
a department of police. ,

(24) To restrain and punish drunkards, vagrants and _ street
beggars; to prevent and quell riots, disturbances and disorderly as-
semblages; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disorderly exhibitions in said
town, and to expel therefrom persons guilty of such conduct who have
not resided therein as much as twelve months.

(25) To license and regulate the holding and locations of shows,
‘public exhibitions, carnivals, and similar shows or fairs, or prohibit
the holding of the same or any of them within the town, or within one
mile thereof ; to require every owner of a motor vehicle residing within
the said town, on a date designated by the council, to annually register
such motor vehicle and obtain a license to operate the same by making
application to the treasurer of the town, and to. require said owner to
pay an annual license therefor, to be fixed by the council, but the said
fee shall not exceed the amount charged by the State on said motor
vehicle. .

(26) To make and enforce ordinances similar to and in com-
pliance with the prohibition laws of the State, which are now in force
or may hereafter be enacted by the State.

(27) To do all things whatsoever necessary or expedient, and
lawful to be done, for promoting or maintaining the general welfare,
comiort, education, morals, peace, happiness, government, health,
trade, commerce, or industries of the town, or its inhabitants.

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

(29) To prohibit or punish for mischievous, wanton or malicious
damage to school or public property as well as private property.

(30) To prohibit and punish minors frequently, playing in, or
loitering in any public poolroom, billard parlor, or tenpin alley and to
punish any proprietor or any agent thereof for permitting the same.

(31) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and govern-
ment of the town, the management of its property, the conduct of its
affairs, the peace, happiness, comfort, convenience, order, morals, health
and protection of its citizens or their property, and to do such other
things and pass such other laws as may be necessary or proper to
carry into full effect, all power, authority, capacity, or jurisdiction,
which is or shall be granted to or vested in said town, or in the council,
court, or officers thereof, or which may be necessarily incident to a
municipal corporation.

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

(33) There is hereby created a council, as is more particularly set
forth hereafter, which shall have full power and authority, except as
herein otherwise provided, to exercise all the powers conferred upon
the town, and to pass all laws and ordinances and resolutions relating
to its municipal affairs, subject to the Constitution and general laws
of this State and of this charter.

ADMINISTRATION AND GOVERNMENT

4. The administration and government of the town shall be vested
in (A) one principal officer, styled the mayor, and (B) in one board
composed of six persons, styled the council, to be chosen by election,
as hereinafter provided, from the residents and electors of the town;
(C) a commissioner of the revenue, a treasurer, a town attorney, and
a clerk of the council; whose qualifications to hold such offices, re-
spectively, shall be the same as required of persons to vote and hold
office under the Constitution and laws of the State of Virginia. The
same person, in the discretion of the council, may be appointed or
elected to hold, at the same time, more than one of the offices to be
filled by appointment or election by said council.
(1) A vacancy in the office of the mayor shall be filled within
thirty days by the council, either from their own body or from the
electors of the town, for the unexpired term.
(2) <A vacancy in the council shall be filled within thirty days,
for the unexpired term, by a majority vote of the remaining members
thereof. |
5. The mayor and councilmen in office at the time of the passage
of this act shall continue in office until the first day of September,
nineteen hundred and thirty-three, 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-three
(1933), and every second year thereafter. The mayor and councilmen
elected under this act shall enter upon the duties of their respective
offices on the first day of September succeeding their election.
, 6. The mayor and other municipal officers of the town, before

entering upon the duties of their respective offices, shall be sworn in
according to the laws of the State by anv one authorized to administer
oaths, which said oaths shall be subscribed in writing and filed with
the clerk of the council.

The failure of any person elected or appointed to an office under
this act, to qualify within thirty days after the commencement of the
term for which he was elected or appointed, or if elected or appointed
to fill a vacancy, for thirty days after such election or appointment,
shall vacate his office. |

7 The council shall fix the salary of the mayor, commissioner of
the revenue, treasurer, town attorney, and clerk of the council, as well
as police officers and such other officers as may be appointed which
salary shall not be increased or diminished during their term of office.

All fees and costs charged and collected in the trials of all cases
both civil and criminal, by the mayor, or trial justice if and when ap-
pointed, shall be paid into the treasury of the town and the mayor or
trial justice shall have no personal pecuniary interest therein.

8. The mayor and members of the council of the said town are
declared to be, and are hereby constituted conservators of the peace
within said town, and within one mile from the corporate limits there-
of : and the jurisdiction of the said mayor and council and trial justice
shall extend one mile beyond and outside the limits thereof, for the
better maintenance of the police regulations of said town, and for
imposing and collecting a license tax on all shows, performances, and
exhibitions which shall take place anywhere within said extended terri-
tory; and for the abatement of nuisances within the said extended
territory; and to require property owners to connect with the town
sewer lines when and as the same are constructed within such extended
territory, and pay such reasonable connection costs and service charges
as may be assessed by said council, after the town shall have con-
structed its sewer line to the property line of such property.
9. The council shall, by ordinance, fix the time and place of its
meetings. It shall have authority to adopt such rules as it may deem
proper for the regulation of its proceedings and may compel the at-
tendance of its members, and to punish its members for misconduct,
and by a vote of three-fourths of the whole council may expel a mem-
ber for good cause.

10. Three members of the council and the mayor, or in absence
of the mayor, four members 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 the appropriating
of moneys, except by a vote of two-thirds of the council. The mayor
shall preside at all meetings of the council when present, but in the
absence or inability of the mayor the members of the council present
shall select one of their body to preside over the meeting, and the
mayor, or presiding officer over the said meeting, shall not be entitled
to vote except in case of a tie.

Il. Qualification of members.—Any person qualified to vote in
the town in the election in which he offers, shall be eligible to the office
of mayor or councilman.

12. Limitations and disqualifications—Any member of the council
or other officer of the town who shall have been convicted of a felony
while in office shall thereby forfeit his office.

13. Neither the mayor nor any member of the council shall be in-
terested directly nor indirectly in the profits of any contract work, or
be financially interested, directly or indirectly in the sale to the town
of any land, materials, supplies or services (other than official services),
and anyone offending against the provisions of this section shall, upon
conviction thereof, be fined not less than one hundred dollars and shall
forfeit his office. The prohibitants of this section do not apply if the
council shall declare by unanimous vote of the members thereof that
the best interests of the town are to be served despite a personal in-
terest, direct or indirect.

ORGANIZATION RULES OF THE COUNCIL

14. Regular meetings.—On the first Thursday in September, at
eight o’clock P. M., following the regular municipal election the coun-
cil shall meet at the usual place of meeting for the council, at which
time the newly elected councilmen and mayor, after first having taken
the oaths of office prescribed by law, shall assume the duties of their
offices. Thereafter the council shall meet at such time as may be pre-
scribed by ordinance or resolution, except that they shall meet regularly
not less than once each month. :

15. Special meetings—The mayor, or any two members of the
council, may call special meetings of the council, at any time, after a
written notice of six hours, with the purpose of the meeting stated
therein, served personally on each member of the council and the
mayor, or left at his usual place of business or residence if he be not
found with due diligence, or such meeting may be held at any time,
without any service of notice, provided all members of the council at-
tend. No business other than that mentioned in the call shall be con-
sidered at such meeting.

16. Meetings shall be public—All meetings of the council shall
be public except that the council in its discretion, may convene in
executive session for the election of officers, the further consideration
of matters pending before the council, and for the voting thereon; any
citizens may attend the meetings of the council or have access to the
minutes and records thereof at all reasonable times.

17. Rules of procedure.—The council shall determine its own rules
of procedure. A journal of its proceedings shall be kept by the clerk
of the council. A smaller number than a quorum may adjourn from
time to time, and compel the attendance of absentees. All elections
and appropriations of money shall be viva voce vote and the vote shall
be recorded in the minutes of the council.

18. Appointments or elections of officers——On the first Thursday
in September, following the regular municipal election and organization
of the council, or as soon thereafter as may be practicable, the mayor
and council shall elect or appoint a commissioner of the revenue, a
treasurer, a town attorney, a clerk of the council, a chief of police and
other police officers, and such other officers as may come within its
jurisdictions; and shall fix their respective compensations and deter-
mine their duration of office, which shall not be for a longer period
than the thirty-first day of August next succeeding the regular biennial
municipal election, or until their respective successors shall have been
chosen and qualified.

ENACTMENTS

19. Each proposed ordinance or resolution shall be introduced in
written or printed form, and the enacting clause of all ordinances
passed by the mayor and council shall substantially be “be it ordained
and enacted by the mayor and council of the town of Lexington, Vir-
ginia.” Except as otherwise provided in this charter an affirmative
vote of a majority of the members elected to the council shall be neces-
sary to adopt any ordinance or resolution. An ordinance or resolution
may be presented and passed at the same meeting.

20. Every ordinance or resolution having the effect of an ordinance
when passed by the mayor and council shall be recorded and indexed
by the clerk of the council, in a book kept for that purpose, and shall be
authenticated by the signature of the presiding officer and the clerk
of the council.

21. Publication of ordinances. Every ordinance of a general or
permanent nature shall be published in full once within ten days after
its passage either by posting a copy thereof at the front door of the
county courthouse and at least five other public places in the town, or,
upon order of the council, by publication in a newspaper published in
the town of Lexington for such time as the council may direct. No
ordinance or resolution having the effect of an ordinance passed by the
mayor and council, for the violation of which any penalty is imposed,
shall take effect unless and until the same shall have been published
as hereinbefore provided, and a certificate of such publication filed with
the clerk of the council. |

22. Ordinances as evidence.—A record or entry made by the clerk
of the council, 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 mayor and coun-
cil may be read as evidence in all courts and in all proceedings in which
it may be necessary to refer thereto, either from the original record
thereof, or from a copy certified by the clerk of the council, or from
any volume of ordinances printed by authority of the council. The
mayor and council may, from time to time, direct the publication, with
suitable index, of the town charter, ordinances, resolutions and police
regulations.

MUNICIPAL ELECTIONS

23. A municipal election shall be held on the second Tuesday in
June of every second year, beginning with the year nineteen hundred
and thirty-three (1933) and shall be known as the regular municipal
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 this State applying to party registration, enrollment or
other party procedure, shall apply to registrations, nominations and
elections hereunder. Except as otherwise provided herein, registration,
nomination and elections held under this charter shall be in accordance
with the general laws of the State.

24. Voting and counting ballots——-The candidates at any regular
municipal election for mayor and councilmen equal in number to the
places to be filled, who shall receive the highest number of votes at
such election shall be declared elected. In any such election each elector
shall be entitled to vote for as many persons as there are vacancies to
be filled, and no more; and no elector in such election shall cast more
than one vote for the same person. In counting the vote, any ballot
found to contain a greater number of names for mayor or councilmen
than the number of vacancies to be filled, shall be void; but no ballot
shall be void for containing a less number of names than is permitted
hereby. :

ADMINISTRATIVE DEPARTMENT

25. Enumeration of departments——The following administrative
departments are hereby authorized, and in the discretion of the council.
may be created: | |

(1) Department of finance.

(2) Department of streets.

(3) Department of water and sewers.

(4) Department of fire.

(5) Department of police.

26. Heads of. departments.—At the head of the department of
finance, the department of streets, and the department of water and
sewers, the mayor shall designate two councilmen, one of whom shall
be the chairman of the department.

27. Departmental duties and organization.—The council shall by
ordinance prescribe and determine the duties and functions of each
department, and may create new departments, or combine existing de-
partments, and establish new departments for special work, when in
its opinion, the proper administration of the affairs of the town re-
quires it; or may appoint and establish a commission composed of
electors and voters of the town to have in, charge the administration
of any department created by this charter or which ued hereafter
be created by ordinance, and determine and prescribe the duties, func-
tions and powers of such commission, as well as its tenure of office.

THE Mayor

28. The mayor shall, by virtue of his office, be the chief executive
officer of the town government, and each and every department thereof,
and shall take care that the ordinances and resolutions of the mayor
and council be faithfully executed and enforced.

— 29, Presiding at council meetings—vote. The mayor shall preside
at the meetings of the council and shall perform such other duties not
inconsistent with his office as may be imposed by the council, but he
shall have no vote in the proceedings of the council except in case of
a tie. During his absence or disability, his duties shall be performed
by any member of the council designated by him. He shall authenticate
by his signature such instruments as the council, this charter or the laws
of the State shall require.

30. The mayor a magistrate——The mayor shall be the chief magis-
trate of the corporation and shall be clothed with all the powers and
authority in civil and criminal matters as may be prescribed by the
laws of the State, and shall have the jurisdiction and authority of a
justice of the peace for Rockbridge county within, and one mile beyond
the corporate limits of the said town, and he shall have exclusive juris-
diction for the trial of offense arising under the ordinances of the said
town until a trial justice as hereinafter provided for, shall have been
appointed and qualified for the said town.

31. Head of the police department.—The mayor, in addition to the
duties and powers prescribed elsewhere in this charter, shall be the head
of the police department of the town, and as such it shall be his duty to
maintain order, conserve the peace, and enforce all the laws of the State
and ordinances and resolutions of the council, as well as to protect
persons and property in the town.

He shall, under the supervision of the council, have power to
deputize or appoint special police officers or assistant policemen when
necessary; and shall have authority to discipline, suspend, discharge.
or remove any or all police officers, regular or special, for misconduct
in office, neglect of duty, disobedience of regulations, or for the good
of the department: he may promulgate all such rules and regulations
with respect to the said police department as may be necessary for the
maintenance of discipline and efficiency in said department.
32. Emergency police measures.—The mayor shall have power and
authority, in cases of emergency, or temporary expediency, to promul-
gate rules and regulations for the control of traffic, both vehicular and
pedestrian, the parking of vehicles, the closing of streets to traffic
temporarily, either in whole or in part, when needful for the safety
of the citizens and protection and preservation of property.

THE COMMISSIONER OF THE REVENUE

33. The commissioner of the revenue shall be elected or appointed
by the mayor and council, for a term designated by the council, as
hereinbefore set forth, and shall receive a compensation fixed by the
council. The commissioner of the revenue shall, subject to the super-
vision of the council, perform such duties as may be required by the
laws of the State and the ordinances of the town in relation to the
assessments of property and license taxes; and shall perform such other
duties not inconsistent with his office, as may be prescribed in this
charter or by the mayor and council, or by the finance committee of
the council; he shall have power to administer oaths in the performance
of his official duties.

THE TREASURER

34. The treasurer of the town shall be elected or appointed by the
mayor and council at the first meeting thereof in September after the
regular municipal election, and shall serve for a term designated by
the council, as hereinbefore set forth, and shall be bonded as the council
may deem necessary.

35. Duties.—The treasurer shall be the disbursing agent of the
town and shall have custody of all money and all evidences of value
belonging to the town, or held in trust by them except as otherwise
provided in this charter; he shall receive all money belonging to and
received by the town and keep a correct account thereof, and of all
receipts from all sources, and the expenditures of all departments.
He shall collect all taxes, levies and assessments, water rents, sewer
rents, and other charges belonging to and pavable to the town, and for
that purpose is hereby vested with any and all powers which are now
or may hereafter be vested in county or city treasurers for the collection
of county, city, or State taxes under the general law.

36. Disbursements.—He shall pay no money out of the treasury
except as provided in this charter.

37. Compensation.—The treasurer shall not be entitled to any com-
missions whatsoever for handling the funds of the town, but shall be
paid for his services such salary as may be fixed by the mayor and
council. .

38. Audit of books of commissioner of the revenue.—The treasurer
shall as soon as the commissioner of the revenue completes the land
and personal property tax books, take the said books and carefully
audit the same, and see that the amount of tax is correctly extended
at the rate of taxation, and the columns of the said book shall be care-
fully audited and the errors therein, if any, shall be corrected; he shall
compare the land book and the personal property book with the books
of the previous year and with the books of the commissioner of the
revenue as filed with the clerk of the circuit court of Rockbridge
county, and shall ascertain what citizens and voters, if any, have not
been assessed by the commissioner of the revenue, or assessed at dif-
ferent valuations from the State and county, and report the same to
the council. The commissioner of the revenue is required to be present
and render the treasurer such assistance as he may require in this
matter. When the said books are corrected and audited the total
thereof shall be charged to the town treasurer on his account. The
treasurer shall prepare a delinquent list and present the same to the
council, and upon instructions from the council shall make sale of real
estate for delinquent taxes.

39. The treasurer shall at all times be subject to the supervision
of the council and finance committee, and shall have such powers and
be subject and liable to such penalties as are now or may hereafter be
prescribed by law or ordinance; he shall have the power to administer
oaths in the performance of his official duties; he shall make all such
reports and perform such other duties not inconsistent with his office
as may be required by the council or finance committee,

THe Town ATTORNEY

40. The town attorney together with the mayor 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 counsel
for the municipality and all its officers in matters relating to their
official duties; he shall give written opinions to any officer or depart-
ment or official of the town, when requested so to do, and shall file a
copy of the same with the clerk of the council; he shall conduct for
the town all cases in court whenever the town is a party thereto, and
upon request of the mayor or trial justice he shall appear before the
mayor or trial justice to represent the town for violations of town
ordinances; he shall prepare or pass officially upon all contracts, bonds
and instruments in writing in which the town is concerned, and shall
certify before the execution as to the legality and correctness thereof ;
he shall perform such other duties not inconsistent with his office as
may be prescribed by this charter or the council; he shall be elected by
the mayor and the council, for a term designated by the council, and
shall receive compensation fixed by the council. ,

THE CLERK OF THE COUNCIL

41. The clerk of the council shall be elected as hereinbefore pro-
vided, and shall attend all meetings of the council, both regular and
special, and shall keep a permanent record of its proceedings. He
shall keep all papers, documents and records pertaining to the town of
Lexington, the custody of which is not otherwise provided for; he shall
be the 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; he shall, upon
final passage, transmit to the proper departments or officials copies of
all ordinances or resolutions of the council in any way relating to such
departments or officials. He shall perform such other duties as are
required by this charter or by the council or by ordinance or resolu-
tion; his term of office and compensation shall be fixed by the council.

TRIAL JUSTICE

41. The council may appoint a trial justice for the town, for a term
expiring on the first Thursday in September, nineteen hundred and
thirty-three (1933) or as soon thereafter as his successor may be
elected and qualified; and thereafter on the first Thursday in Septem-
ber following the regular municipal election, for a term of two years.
The council may also appoint a substitute trial justice, and it may at
any time revoke such appointment. In the event of the inability of
the trial justice, on account of sickness, absence, vacation, interests,
or if he is otherwise disqualified to sit in judgment, the substitute trial
justice shall perform all of the duties of the office of trial justice.
Both shall take oath before entering upon the performance of the
duties of office, and enter into bond payable to the town in the penalty
of one thousand dollars each, with surety conditioned for the faithful
performance of their duties. The trial justice shall receive such com-
pensation as may be fixed by the council, and the trial justice shall
charge and collect all fees prescribed for justices of the peace, which
have not been paid in advance, and all such fees shall be turned into
the treasury of the town.

43. Jurisdiction of trial justice-——The jurisdiction of such trial
justice shall be as follows:

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

(2) The said trial justice shall have jurisdiction in the town in
all civil matters now cognizable by justice of the peace, and shall in
addition thereto have concurrent jurisdiction with the circuit court for
the county of Rockbridge in all civil matters, where the claim includ-
ing damages for personal injury does not exceed the sum of three
hundred ($300.00) dollars (exclusive of interest) and shall have juris-
diction of all matters mentioned in section five (5) of chapter four
hundred and eighty-three, of the Acts of nineteen hundred and twenty-
two, as amended. After the appointment of such trial justice, no other
justice of the peace, nor the mayor of the town, nor the juvenile judge
of Rockbridge county, shall exercise such jurisdiction as is herein
conferred on the said trial justice.

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

(4) The trial justice shall have in criminal cases the same juris-
diction for the town of Lexington as is now, or may hereafter be
vested by general law 1 in the police justices of cities, or in trial justices
for counties.

(5) Procedure—Appeals.—All the provisions of law now in force,
or which may hereafter be enacted, governing preliminary examina-
tions, granting of bail, procedure, and appeals in both civil and criminal
cases cognizable by justices of the peace, police justices of cities, or
trial justices for counties, not affected by this act, shall apply in like
manner to cases tried before the trial justice appointed hereunder,
unless otherwise provided herein, except that in all civil and criminal
cases triable before such trial justice no removal to any other court
shall be allowed; nor shall an appeal be allowed in any civil case in
which the claim does not exceed the sum or value of twenty-five
($25.00) dollars, exclusive of interest. Appeals when permitted here-
in shall be to the circuit court of Rockbridge county.

(6) All papers connected with any of the proceedings in the trial
of cases before the trial justice, other than for violations of town
ordinances, shall be returned to the clerk’s office of the circuit court
of Rockbridge county within twelve months after final decision, and
shall be properly filed, indexed and preserved by the clerk thereof, who
shall receive the same fees as are allowed for receiving, indexing and
filing papers returned by justices of the peace.
(7) The trial justice shall keep a docket in which shall be entered
all cases tried and prosecuted before him, and the final disposition of
the case, together with an account of costs and fines; and he shall have
the power to make and enforce such reasonable rules of practice as
are not in conflict with law.

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

TOWN SERGEANT

44. The mayor and council shall appoint a town sergeant, to serve
at the pleasure of the council, and the said town sergeant shall have the
powers and discharge the same duties within the corporate limits of
the said town as are prescribed for and required of constables under
the general laws, and he shall collect the same fees as are prescribed
for said constables, which shall be turned into the treasury of the town,
except commissions for collections, under levies and attachments, which
shall be retained by the sergeant. He shall execute such processes as
may be directed to him by the trial justice, and make return thereoi
to the trial justice. He shall perform such other duties as may be re-
quired of him by the mayor and council; and shall give bond with satis-
factory surety, in such amount as the mayor and council shall require or
as is designated for constables under the general law, conditioned for
the faithful performance of his duties as sergeant, and to faithfully ac-
count for all moneys coming into his hands by virtue of his office.
He shall be paid such salary as the. council shall provide.

FINANCIAL PROVISION.

45. 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
revenue, the custody and disbursements of town funds and moneys, the
supervision over the sinking fund commission, and shall perform such
other duties as the mayor and council may by ordinance provide.

46. The annual budget.—At the first regular meeting of the council
in September of each year, or as soon thereafter as practicable, the
finance committee shall prepare and submit to the council an annual
budget for the ensuing fiscal year, based upon detailed estimates fur-
nished by the several departments and other divisions of the town
government, according to a classification as nearly as possible uniform.

47. Sinking fund commission.—The mayor and council of the town
shall appoint a sinking fund commission for the town, composed of
three free-holders, whose duties shall be to receive from the treasurer
of the town the sinking fund, as herein provided, and invest the sink-
ing fund as in this charter set forth; this commission shall annually,
or oftener as required, submit to the mayor and council a report
showing the condition and amount of the sinking fund. A bond, with
surety satisfactory to the council, may be required of the sinking fund
commission, the amount of which shall be fixed by ordinance, and if
a surety bond be required, the premium thereon shall be paid by the
town. The sinking fund commission shall be under the direction and
supervision of the department of finance.

(1) There shall be set apart annually from the revenues of the
town a sinking fund sufficient in amount, to be invested as herein-
after set forth, to pay the indebtedness of the town as it matures and
which by its terms is not payable in one year.

(2) When the taxes on real estate and personal property are col-
lected each year, but not later than the tenth of November of each year,
the town treasurer shall take therefrom such amount of money as
shall have been determined by the auditor necessary to meet the annual
requirements specified in paragraph (1) immediately above, and deposit
the same in a separate account to the credit of the sinking fund com-
mission, in such bank or banks as the mayor and council shall select;
and the said sinking fund commission, if it shall so elect, shall cause
the sinking fund to be loaned on improved real estate situate within
the county of Rockbridge and secure the same by first mortgage liens
thereon, provided such funds shall not be loaned to a greater amount
than forty per cent of the fair market value of such real estate, and
title and fire insurance shall be carried on the property during the
loan in an amount at least equal to the face amount of the loan; all
money so loaned shall be at the rate of six per cent per annum, pay-
able semi-annually, and not for a longer period than five years at any
one time.

(3) All sinking funds shall be used exclusively in the payment or
purchase and redemption of the outstanding bonds of the town, and
when such sinking funds are not required, or may not within a 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 unincumbered improved real estate, as herein
specified, or invested in other securities approved by the general laws
of the State for the investment of such funds, or deposited in a bank
on a reasonable rate of interest. Such sinking funds may be used in
the payment or purchase or redemption of any or all of its bonds.

(4) The mayor and council shall require of any bank or banks
receiving on deposit its revenues or any of its sinking fund a fidelity
bond, or such other security as may be approved by the said mayor
and council.

Bonp Issues

48. The mayor and 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, upot
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 fron
property used in connection with any public utility owned and operatec
by the town. But except as provided in subsection (1) of this sectior
no debt shall hereafter be contracted for a longer period of time thar
that of the probable life of the work or object for which the debt is tc
be contracted, to be determined by the mayor and council, and not tc
exceed thirty (30) years.

(1) Bond issues for the refunding of previous issues shall in ne
case be for a greater period than thirty (30) years.

(2) 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 of this State
applicable thereto, and 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 same, the term for which they
shall be issued, and. the maximum amount of interest to be paid there-
on. Any such ordinance may be amended by ordinance at any time
before the bonds to be affected by such amendment have been sold.
All other matters relating to such bonds may be determined by resolu-
tion within the limitations prescribed by such ordinance or by this
charter. ,

(3) If, however, there shall be omitted from this charter any
provision essential to the valid authorization, sale, execution and is-
suance of any of the bonds of said town, the provisions of the general
law with reference to similar bonds shali supply the omission.

49. Serial bonds.—In lieu, however, of creating a sinking fund,
or sinking funds, as in section forty-seven (47) herein provided, the
town may issue bonds, called “serial bonds,” payable in annual install-
ments, the first of which shall be payable at any time the mayor and
council may provide 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. : ,

50. Authentication—sale, etc. Any bonds issued by the town
under this charter shall be signed by the mayor and attested by the
clerk of the council under the seal of the town, and shall be made
payable at the office of the town treasurer, or such other place, in or
out of the State, as the council may provide. Such bonds shall be
advertised by the mayor and sold by the town treasurer, under super-
vision of the mayor and finance committee of the town, and the sale
reported to and approved by the council, and the proceeds from said
sale shall be paid to the town treasurer.
51. Pending the issuance and sale of any bonds, notes, or otner
obligations by this charter 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 to renew
such temporary loans, or to use current funds, to be ultimately repaid
from the proceeds of such bonds, or other obligations, or from the town
taxes and revenues, as the case may be; provided, that the proceeds of
the sale of bonds shall not be used, except for the purposes set forth in
this subsection, or for permanent improvements and utilities or refund-
ing matured issues, unless approved by vote of the people.

RESTRICTIONS ON LOANS AND CREDITS

52. The credit of the town shall not directly, or indirectly, under
any device or pretense whatever, be granted to or in aid of any person,
association or corporation. The mayor and council shall not issue any
bonds, notes or other obligations of the town, or increase the indebted-
ness thereof, to an amount greater than eighteen per cent of the as-
sessed valuation of the real estate in the said town, subject to taxation ;
provided, however, that in determining the limitation of the power of
the town to incur indebtedness there shall not be included the classes of
indebtedness mentioned in subsections (a) and (b) of section one
hundred and twenty-seven (127) of the Constitution of this State.

Pusttc IMPROVEMENTS, CONTRACTS, ET CETERA

53. Any public work or improvement, costing more than one thou-
sand ($1,000.00) dollars, shall be executed by contract, except where
a specific work of improvement is, by the council, authorized and
directed to be done by force account, such work to be based on detailed
estimates submitted by the department authorized to execute such work
or improvement, and approved by the mayor and council. All con-
tracts for more than one thousand dollars shall be awarded to the
lowest responsible bidder in such manner and under such bond as may
be prescribed by ordinance and after the mayor shall have made due
advertisement for such time as the council may prescribe, by newspapet
or posted notices. But the mayor shall have the power to reject al
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 proceed to do the work by procuring thi
required labor and materials without the necessity of advertising.

PAYMENTS OF CLAIMS

54. Pavments by the treasurer shall be made only upon voucher
certified to by the head of the appropriate committee, or other divisio:
of the town government; or by means of warrants drawn on the tow!
treasurer by authority of and in the manner prescribed by the council;
or by order of the council attested by the clerk of the council; or in
such manner as the mayor and council may by ordinance or resolution
prescribe ; all of which shall be against funds which have been properly
appropriated therefor and which have not been exhausted, or the pay-
ment thereof has been otherwise legally authorized.

FIscAL YEAR

55. Unless and until otherwise provided by ordinance, the fiscal
year for the town of Lexington shall begin on the first day of Septem-
ber and end on the thirty-first day of August, of each year.

TAXATION

56. License taxes.—License taxes may be imposed by ordinance on
businesses, trades, professions, occupations and callings and upon the
persons, firms, associations, and corporations engaged therein, and the
agents thereof, except in cases where taxation by localities shall be
prohibited by the general law of the State, and nothing in this charter
shall be construed to repeal or amend the general law with respect to
taxation; the mayor and council may grant or refuse licenses and in the
event of the refusal to grant any license, may prohibit the conduct of
business, trade, profession, occupation or calling without such license ;
the mayor and council may submit any person, who, without first having
obtained a license therefor, shall do any act, or follow any business,
occupation, trade, profession, vocation, pursuit or calling in the town
for which a license may be required by ordinance, to such fine or
penalty as is authorized to be imposed for the violation of any of
its ordinances.

(a) Fees.—For every town license issued or granted by the com-
missioner of the revenue under this charter, he shall charge a fee to be
prescribed by 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 shall be withheld until the same shall
have been paid. The council may provide that the commissioner of
the revenue shall be paid a salary in lieu of fees, in which event the
fees specified above shall be paid into the treasury of the town for
town purposes.

57. General taxes—capitation.—The council may impose a tax of
not more than one dollar per annum upon all residents of the town
who shall have attained the age of twenty-one years, except such
persons as may be exempt by law.

58. Dogs.—The council may impose a tax upon every dog in the
town, unless the general law of the State provides for such tax on be-
half of the town.

59. Annual levy—The council of the town of Lexington is au-
thorized to, and shall annually order a town levy for so much, as in
578 , ACTS OF ASSEMBLY [vaA.

their opinion is necessary to be raised in that way, in addition to what
may be received from licenses and other sources, to meet the appro-
priation 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 the council shall.
in its discretion, be authorized to fix such annual levy on the property
subject to taxation in the town for town purposes, without any limit
as to the rate thereof, any provision of the general laws of the State
to the contrary notwithstanding, provided that said council shall not
fix such levy on property partially segregated to the State for purposes
of State taxation at a higher rate than is or may be permitted by the
general laws relating thereto.

60. Omitted assessments.—If the commissioner of the revenue
ascertains that any person or real estate or personal property, subject
to taxation, has not been assessed for town taxation for any year, or
that the same has been, assessed at less than the law requires for any
year or that the taxes thereon for any cause have not been realized, it
shall be the duty of the commissioner of the revenue 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 cent per annum. Where
the same was omitted by no fault of the person charged with taxes, no
interest shall be charged.

61. Property may be distrained for taxes.—All goods and chattels
of any person against whom taxes for the town are assessed, may be
distrained and sold for 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 and county taxes; and the provisions of this charter, in
so far as applicable, with respect to the collection of taxes, shall apply
to the assessment and collection, and to the administration of the
assessment and collection of taxes on personal property and all classes
thereof.

62. Special assessments.—All local or special assessments shall be
made and ascertained by the mayor and council under such regulations
as it may by ordinance provide. Provisions shall be made by ordinance
for the method of levying and apportioning such special assessments,
for publication and for giving 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 Rock-
bridge county. ,

(a) The council may by ordinance provide the method of making
sale of any lands, lots or premises for nonpayment of the amount of
any local or special assessment thereon, or for the nonpayment of any
expense incurred by the town in abating any nuisance tnereon, OF
cutting or removing any weeds therefrom as hereinbefore provided in
this charter.

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

64. Tax lien and sale for delinquent taxes.—A lien shall exist on
all real estate within the corporate limits for taxes, levies and assess-
ments, in favor of the town, assessed thereon, from the commencement
of the year for which they were assessed. The council shall require
all real estate, delinquent for the nonpayment of taxes, levies or assess-
ments thereon or against the same, to be sold for the said taxes, levies
or assessments, and may cause a tax deed to be made to the purchaser.

65. Collection of taxes—penalty for nonpayment.—The treasurer
shall commence to receive the town taxes and local levies as soon as he
receives copies of the commissioner’s books from the commissioner of
the revenue, and continue to receive the same up to and including the
thirty-first day of October of each year. Any person failing to pay
any or all town taxes on or before the thirty-first day of October shall
incur a penalty of five per centum, which shall be added to the amount
of taxes or levies remaining unpaid, and which shall be collected by
the treasurer. :

It shall be the duty of the treasurer after the thirty-first day of
October to make demand upon each person chargeable with taxes and
levies, who has not paid the same prior to that time, or upon his agent,
if any, of such person resident within the corporation for the payment
thereof ; and upon failure or refusal of such person or agent to pay the
same, he shall proceed to collect the same by distress or otherwise.
Should it come to the knowledge of the treasurer that any person or
persons owing taxes or levies is moving or contemplates moving from
the corporation prior to the thirty-first day of October, he shall have
the power to collect the same by distress or otherwise at any time after
such tax bills shall have come into his hands.

66. Additional penalty—interest—An additional penalty of five
per centum shall be collected upon all town taxes or levies which may
have heretofore not been paid, or may hereafter remain unpaid after
the fifteenth day of June in the year next succeeding that in which such
taxes or levies have been or may be assessed. Such additional penalty
shall be computed upon the taxes and the prior penalty of five per
centum; and interest at the rate of six per cent per annum shall be
collected upon the principal and penalties of said taxes from the six-
teenth day of June in the year after which such unpaid taxes or levies
were assessed, which penalties and interest shall be collected tor and
accounted for by the officers charged with the duty of collecting such
taxes or levies, along with the principal thereof. In all cases where the
treasurer, collector, sergeant, or other collecting officer, has to levy, or
distrain and sell, or levy or distrain without selling, he shall receive a
fee of sixty cents to be collected with the taxes; but in no case shall
any of these fees be paid by the town.

67. Distraint for taxes.—The goods and chattels of the tenant, or
other person in possession, claiming under the party or estate assessed
with taxes or levies on land, may be distrained if found on the premises,
but not for an amount exceeding the rent contracted to be paid by
such tenant for the premises, nor until the property of the landlord
subject to distress, within the town shall have been exhausted.

(a) No deed of trust or mortgage upon goods and chattels shall
prevent same from being distrained and sold for taxes or levies against
the grantor in such deed while such goods and chattels remain in the
grantor’s possession; nor shall any such deed prevent the goods and
chattels conveyed from being distrained and sold for taxes or levies
assessed thereon, no matter in whose possession they may be found.

(b) A tenant from whom payment shall be obtained, by distress or
otherwise, of taxes or levies due from a person under whom he holds,
shall have credit for the same against such person out of the rents he
may owe him, except where the tenant is bound to pay such taxes and
levies by an express contract with such person.

DELINQUENT TAx REPORT

68. Delinquent lists—The treasurer, after ascertaining which of
the taxes and levies assessed in his town cannot be collected, shall, not
later than the first day of July in each year, make out lists as follows:

(a) A list of real estate on the commissioner’s land book improp-
erly placed thereon or not ascertainable, with the amount of the taxes
and levies charged thereon.

(b) A list of the real estate which is delinquent for nonpayment
of the taxes and levies thereon.

(c) A list of such taxes and levies assessed on tangible personal
property, machinery and tools, merchant’s capital, or other subjects
segregated for local taxation exclusivelv, except real estate, as he is
unable to collect, including local capitation taxes, if any.

69. Form of report—oath—The delinquent lists mentioned in the
preceding section sixty-eight (68) shall speak as of June fifteenth of
each year, that is to sav. such lists shall conform to the facts as they
existed on that date. The council shall prescribe the form of such
lists, and also, except as herein provided, the form of the oath to be
taken by the treasurer by which each list shall be verified. The oath
shall declare that the treasurer verily believes that no part of the taxes
or levies embraced in such lists has been or could have been collected
by him, and shall otherwise be in conformity with the general law
for such cases made and provided.
70. Approval—publication—A copy of each of the delinquent
lists above specified shall be submitted by the treasurer to the mayor
and council of the town, at the next regular meeting of the mayor
and council after they shall have been completed by the treasurer, and
if possible, at the first regular meeting of said mayor and council in
July, and when the said delinquent lists shall have been approved by
the mayor and council, the treasurer shall be credited with the amount
of the same. The council may direct the treasurer to certify to the
commissioner of the revenue a copy of the list of the real estate on
the commissioner’s land book improperly placed thereon and not ascer-
tainable, and such commissioner of the revenue shall correct his book
accordingly.

The mayor and council may cause such delinquent lists, or any of
them, or such parts thereof as may be deemed advisable, to be pub-
lished in a newspaper published in the town, for two successive weeks,
or by hand bills to be posted generally throughout the town and at
the front door of the county courthouse of Rockbridge county.

71. Recordation—fees—etc.—When the delinquent lists submitted
by the treasurer shall have been approved by the mayor and council, a
list of the delinquent real estate shall be certified to the clerk of the
circuit court of the county of Rockbridge, and be by him entered in a
book furnished by said town, and kept in his 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 the said book there shall also be columns in which shall
be entered the names of the purchasers, and the amount and date of
sales of real estate sold for delinquent taxes. as hereinafter provided.
This record shall be held as notice of the lien thereon, and the said
real estate shall be liable for such tax against creditors and purchasers,
or other persons into whose hands the said real estate may pass.

(a) The clerk of the circuit court shall receive for his service a
fee of ten (10) cents for each list of land so entered in said record,
a fee of ten (10) cents for the entry of each sale of real estate as
provided herein, and a fee of twenty-five (25) cents for each redemp-
tion so entered, to be paid by the said town, which shall be charged
against and be a lien unon the real estate, along with the taxes and
levies assessed against the same.

(b) Real estate against which taxes and levies have been properly
assessed may be sold for nonpayment of said taxes and levies, as here-
in provided, whether owned by the person in whose name it was as-
sessed or not.

72. Application for order of sale-——When the said taxes and levies
have been returned delinquent and entered of record, as hereinbefore
required, the council shall applv to the circuit court of Rockbridge
county, or to the judge thereof in vacation, for an order of sale, and
upon the application of the council of the said town, the said circuit
court or judge thereof in vacation, may order any real estate delinquent
for the nonpayment of taxes, to be sold by the treasurer of the said
town, at public auction, for such taxes, with interest at six per cent
and costs, exclusive of the costs attending the redemption thereof, as
hereinafter provided, at such time as the court or judge may direct;
the sale and advertising thereof to be made in conformity as nearly as
possible to the State law with reference to the sale of delinquent lands.

73 Sale and certificate of sale—If the taxes, levies and assess-
ments, with interest and costs thereon are not paid before the date of
sale, the treasurer shall, at the front door of the courthouse in Lexing-
ton, Virginia, make sale of the said parcels of real estate to satisty the
taxes, levies and assessments, with interest and costs thereon. The
sale may be adjourned from day to day until completed. The treasurer
on receiving from the purchaser the amount of the purchase, shall exe-
cute a certificate of sale to him, setting forth therein with convenient
certainty a description of the real estate sold, in whose name it was
sold, the year for which it was delinquent, the price paid, the amount
of taxes, levies and assessments thereon, with interest and costs. The
treasurer making the sale shall not directly nor indirectly purchase any
real estate so sold.

74. Purchased by the town.—lIf at any sale no bid be made by
any person for any such parcel of real estate, or if such bid be not
sufficient to satisfy the taxes, levies or assessments, with interest and
costs, as aforesaid, the same may be bid in and purchased by the
treasurer for the town. On such sale the treasurer shall execute to
the town a certificate of sale, in which the property purchased shall be
described with reasonable certainty, and setting forth also the aggre-
gate amount of taxes, levies and assessments, with interest and costs
thereon specified, the year for which delinquent, and shall deposit such
certificate with the clerk of the council of said town.

75. Report of sale-——When such sale has been made the treasurer
shall within sixty days after the completion thereof, make a report of
the same with the date thereof, the name of the purchaser, and the
amount for which the said real estate was sold and the year for which
delinquent, which report shall be under oath as prescribed by the
general law for treasurers of counties and subscribed by the treasurer ;
which report when approved by the council shall be submitted to the
circuit court, and if it finds the report correct, or having corrected the
same where there is error, shall confirm the report, which shall then be
entered by the clerk of the circuit court in the record of delinquent
real estate hereinbefore referred to.

76. Redemption.—After the said real estate has been sold for
taxes, the same may be redeemed within such time and by such person
and upon such terms as is provided by the general law for the redemp-
tion of real estate sold for State or county taxes, except that the money
paid for such redemption shall be paid to the town treasurer. Upon
the redemption of the said real estate, the treasurer shall issue to the
person so redeeming it a certificate to that effect, which shall be pre-
sented to the clerk of the circuit court who shall thereupon mark in
the record the redemption of such real estate, the name of the persot
redeeming it and the date therof.

77. Application for deed—notice—confirmation—title conveyed.—
After the expiration of the time within which said real estate may be
redeemed as provided for by the general law, the purchaser of any rea
estate so sold and not redeemed, his heirs or assigns, shall obtain fron
the mayor and council of the said town a deed conveying the same
in which shall be set forth all the circumstances appearing on the
records of the council of the said town and in the office of the clerk
of the circuit court of Rockbridge county in relation to the sale; but
in no case shall a deed be made to any such purchaser of real estate
until such purchaser has given to the person in whose name the real
estate stood at the time of the sale, and the person or persons to whom
said real estate so sold has been conveyed of record subsequently to the
time of said sale, or, if any of the said persons be dead, then to his or
their personal representatives, heirs and devisees, and to the trustees,
mortgagees and beneficiaries as shown by the records in any deed of
trust or mortgage on said real estate, or their persona] representatives,
four months’ notice of his said purchase and his intention to apply
to the mayor and council of said town for a deed to the real estate so
purchased, which notice shall state the day on which such application
for a deed will be made, and the fact that such real estate may be
redeemed at any time before the execution of such deed, by the pay-
ment of the necessary amount to the treasurer of the town; and the
mayor and council shall not deliver any such deed unless and until it is
shown to their satisfaction that such notice has been given; provided,
that no notice may be required to be given to any trustee, mortgagee,
or beneficiary in any deed of trust or mortgage which has been
recorded, or the lien thereon renewed, more than twenty years prior
to the date of such sale; and the person entitled to redeem the said
real estate shall have the right to redeem the same at any time before
the expiration of the said four months, although such time extended
beyond the two years provided by general law for such redemption,
aS hereinbefore referred to; and the said application for a deed shall
be made to the mayor and council in writing and the said mayor and
council may award any process or summon any party to answer said
motion it may deem proper before approving the said application; and
when the said mayor and council shall grant the said motion, they shall
instruct the mayor and clerk of the said council to exectte and deliver
such deed, and the clerk of the council shall forthwith report the same
‘0 the circuit court of Rockbridge county, which shall confirm the same.

For every deed executed under this section of this charter, the clerk
of the council shall be entitled to one dollar which the purchaser shall
ay him on delivery of the deed; and this deed shall convey such title
is would have been conveyed had the said real estate been sold for
lelinquent State or county taxes.

78. How the town perfects title—In case any real estate so sold
or delinquent taxes and purchased by the treasurer of the tawn fae
the town, shall not be redeemed within the time specined, tne town
‘reasurer shall, within sixty days after the expiration of the time for
redemption as provided by the general law, cause to be recorded in the
Jerk’s office of the circuit court of Rockbridge county, such certificate
of sale, with his oath that the same has not been redeemed, and there-
upon the town, or its assigns, shall acquire an absolute title to the
same. The said certificate or record thereof, or a certified copy there-
of, shall in all courts and other places, be evidence of the facts stated
therein. But the failure to obtain or record such certificate shall not
‘nvalidate the lien of the town for taxes, levies and assessments, as-
sessed against such real estate, but the town may at any time elect to
enforce its lien in a court of equity, and release its right as purchaser
or to become purchaser of such real estate.

79. Effect of deed—When the purchaser of any real estate sold
for taxes, levies or assessments, his heirs or assigns, shall have ob-
tained a deed therefor, and within sixty days from the confirmation
of such deed by the circuit court of Rockbridge county, shall have
caused the same to be recorded, all the rights or title to such real estate
shall stand vested in the grantee in such deed as was vested in the
party assessed with the taxes, levies or assessments, on account whereof
the sale was made, at the commencement of the year for which said
taxes, levies or assessments were made; and the title of the purchaser,
if it be purchased by the town, shall not be defeated, except by show-
ing that the real estate was not subject to taxes, levies or assessments
for the year for which it was sold, or that the taxes, levies or assess-
ments for the year for which it was sold have been paid; or if the pur-
chaser be other than the town, then his title shall not be defeated except
in the manner prescribed by the general law of this State.

80. Nothing in this charter shall be construed as a waiver of any
lien for taxes, levies or assessments, on or against any real estate here-
tofore levied or assessed, for any year, which are now unpaid and for
which the town has already acquired a lien in accordance with the
general law, which has been recorded in the lien book in the clerk’s
office of the circuit court of Rockbridge county, heretofore referred to;
and the said town shall have the authority to advertise and sell such
real estate on which such liens for taxes, levies and assessments have
already been acquired and recorded, in the manner prescribed for the
sale of real estate for taxes, levies and assessments heretofore providec
for in this charter.

PUBLIC SCHOOLS

81. The town of Lexington a separate school district—The towr
of Lexington shall constitute a separate school district, and the mayor
and council shall in its annual budget make provision for the financia
support of the public schools of the town.

AvupDIT OF ACCOUNTS

82, Annual and special audits—Upon the death, resignation, re
1932] ACTS OF ASSEMBLY 585

moval or vacancy or expiration of the term of any officer of the town,
the mayor and council may order an audit and investigation to be
made of the accounts of such officer and a report of the same to be
made to the mayor and council.

As soon as practicable after the close of the fiscal year of the town,
an annual audit shall be made of all accounts of all officers of the
town who receive, handle, invest, or disburse any of the funds of the
town; and such audit shall be made by a qualified public accountant
selected by the council, who shall have no personal interest, direct or
indirect, in the financial affairs of the town or any of its officers or
employees. The mayor and council may at any time provide for the
examination or audit of the accounts of any officer or department of
the town government.

When the annual audit is being made the auditor shall compute and
report the amount to be paid annually by the treasurer into the sinking
fund, as provided in section forty-seven (47) one (1) and two (2) of
this charter, in his annual report. .

Suits orn Actions AGAINST THE TOWN FOR PERSONAL INJURIES OR.
PROPERTY DAMAGE

83. Notice required—joinder. of parties—liability——No action shall
be maintained against the said town for damages for any injury to any
person or property alleged to have been sustained by reason of the
negligence of the town, or any officer, agent or employee thereof, unless
a written statement, verified by the oath of the claimant, his agent
or attorney, or the personal representative of any decedent whose death
resulted from the alleged negligence of the town, its officers, agents or
employees, shall have been filed with the clerk of the council of the said
town within sixty days after the cause of action shall have accrued,
and which statement shall recite the nature of the claim, and the facts
upon which it is founded including the time and place the injury or
damage is alleged to have been received or occurred; and no officer,
agent or employee of the town shall have authority to waive such con-
ditions precedent or any of them. And in any action against the town
to recover damages against it for any negligence, where any person, firm
or corporation, is liable with the said town for such negligence, such
person or persons, firm or corporation, shall be joined as defendants
with the said town; and in any such action brought to recover damages
for such negligence and where there is a verdict or judgment against
the said town as well as the other defendant or defendants, it shall be
ascertained either by the court or the jury which of the defendants is
primarily liable for the damages assessed.

GENERAL PROVISIONS

84. Vacancies in office.—Vacancies in any office, whether elective
or appointive, not otherwise 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 officer.

85. Salaries of the councilmen——tThe council shall have the right
to fix salaries for the members thereof, but not to exceed ten ($10.00)
dollars each per month, and the same shall not be increased or dimin-
ished during their respective terms of office.

86. Oath of office—failure to qualify—bonds——Except as other-
wise provided by the 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 the general law,
this charter, or by ordinance or resolution of the mayor and council
and file the same with the clerk of the council, before entering upon
the discharge of their respective duties, and if the requirements of
this section shall not have been complied with by any officer within
thirty days after the term of office shall have begun, or after his ap-
pointment to fill a vacancy, then such office shall be considered vacant.
All bonds required shall be in amounts determined by the mayor and
council and with securitv approved by them, and shall be filed with the
clerk of the council. The town shall pay the premiums on all such
bonds.

87. Investigations—The council, or the mayor and any officer,
board or commission authorized by the mayor and council, or either
of them, shall have the power to make investigations as to town affairs,
and for that purpose may subpoena witnesses, administer oaths, and
compel the production of books and papers; any person refusing to
attend, or testify, or to produce books and papers, at such investiga-
tion, may be summoned before the mayor of the said town, or the police
justice thereof, by the board or official making such investigation, and
upon failure to give satisfactory explanation of such failure or refusal,
may be fined not exceeding one hundred dollars or imprisoned not
exceeding thirty days, either or both, and any such person shall have
a right of appeal to the circuit court of Rockbridge county. Any person
who shall give false testimony at any such investigation shall be liable
to prosecution for perjury.

88. Revocable permits.—Every permit given or authorized by the
mayor or council in violation of the ordinances of the town establishing
fire limits and providing for the character of materials used in the con-
struction of buildings in such fire limits; and every permit authorizing
the violation of the ordinances of the town relating to obstructions in,
on, over or under, or encroachments on the streets, alleys, parks or
other public grounds or propertv of the town, and every permit au-
thorizing anv violation of anv of the ordinances of the town, shall be
deemed a license and not a franchise or grant, and shall be revocable
at the will of the mayor and council.

89. Books and papers to be delivered to successor or clerk of the
council Any person holding a municipal office and vacating the same
on account of removal, expiration of term, or otherwise. shall deliver
over to his successor in office or to the clerk of the council, all property
and books and papers belonging to the said 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 mayor and council shall
elect, and upon due notification of the clerk of the council, he shall
forfeit and pay to the 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 charter
or of any ordinances or resolutions of the mayor and council, or by
order of any superior officer of the town, shall be deemed to be the
property of the town as appertaining to said office, and the incumbent
of such office and his sureties on his bond shall be responsible therefor.

90. Place of elections.—All elections shall be held at such place
or places within said town as the mayor and council may by ordinance
prescribe.

91. Working prisoners.—The mayor and council shall have the
power and authority to enforce imprisonment not exceeding twelve
months, and the collection of all fines not exceeding five hundred dol-
lars, imposed for the violation of the ordinances of the town; and may
commit to the jail of the county of Rockbridge for safekeeping or
confinement any or all persons who shall be sentenced to imprisonment
under the ordinances of the said town, or who shall fail or refuse to
pay such fines and costs as may be imposed for such violations by the
mayor or trial justice; and subject to the general laws of the State
regulating the working of those convicted of offenses against the
State, the mayor and council shall have the power and authority to
provide by ordinance for the employment and working, either within
or without the town prison or jail, or within or without the limits of
the town, or on the streets or public works or buildings of the town,
for a term not exceeding twelve months, all such persons sentenced to
confinement in jail and such persons as fail or refuse to pay such fines
and costs as are imposed against them by the mayor or trial justice for
violations of the ordinances of said town; and shall have exclusive
jurisdiction in all cases arising under the ordinances of the town and
may issue all proper process, whether mesne or final, which may be
necessary to enforce its authority. |

92. Officers failing to perform duties.—If any officer of the town
of Lexington, whether he be elected by vote of the people or elected
or appointed by the mayor and council, or the mayor, shall refuse or
fail to perform any of the duties required of him by this charter or by
the ordinances or resolutions of the mayor and council, or by the general
laws of the State, he shall be fined not less than five nor more than
one hundred dollars for each offense, and he, and his sureties on his
official bond, if bonded, shall be liable for all damages which may
accrue to the said town or to any other person by reason of such failure
or refusal. |

93. Powers of policemen.—For the purpose of enabling the town
to execute its duties and powers, each member of the police force and
588 ACTS OF ASSEMBLY , VA.
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the chief of police or sergeant, are hereby made and constituted a con-
servator of the peace and endowed with all of the powers of a con-
stable in criminal cases, and with all other powers which under the
laws of the State of Virginia and of the town may be necessary to
enable them to properly discharge the duties of their offices.

PROVIDING FOR A TOWN PLAN

94. The mayor and council of the town 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 of creeks and streams running
through the town, the location and opening of the most practical and
direct highways from the town to the adjoining country, the improve-
ment of entrances and terminals to and from town, including those of
public service corporations looking to the future harmonious develop-
ment of a town plan, the planning for playgrounds, parks and boule-
vard system, the location of public buildings, including school buildings,
public works and public utilities, and all other things as will tend to
make the town of Lexington a more convenient, attractive and modern
town.

95. Laying out streets—rights therein—subdivisions and plats.

(1) Whenever any street, alley or lane shall have been opened to
and used by the public for a period of five years, as such, the same shall
thereby become a street, alley or lane for all purposes ; provided, that
the mayor and council in each instance so declare by ordinance, and
after such declaration the town shall have the same authority and
jurisdiction over and rights and interests therein as it has by law over
the streets, alleys and lanes laid out by it. Any street or alley, park
or lane 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
a dedication to the public use, and the council shall have authority,
upon a 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 portion of the same. No agreement between,
or release of interest by the person owning the lands immediately
contiguous to any such street, alley or park or lane 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 street, alley, park
or lane, reserved for other purposes, so as to divest the interest of the
public therein, or the authority of the mayor and council over the same.
Notwithstanding anything in this section contained, the said town shall
not be liable for any accidents which may occur upon any street, alley,
boulevard or way, whether heretofore or hereafter laid out, until the
street, alley, boulevard or way shall have been accepted and declared
by the mayor and council.

(2) The said town shall have the use and control of all streets.
avenues, alleys, boulevards, ways, or lanes, both above and below the
ground.

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

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

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

(6) And the mayor and council may, in its discretion require the
owner of such platted lands to submit profiles of such streets and
alleys showing the’ contours thereof, together with the proper grade
lines laid thereon, and if and when the mayor and council is satisfied
that the proper grade lines are laid on such profiles, the profiles shall
be approved by the mayor and council and recorded by the owner, or at
his expense in the office of the clerk of the circuit court of Rockbridge
county; and the mayor and council may, in their discretion, require
such release and waiver to be made with reference thereto, —

(7) Before approving any such plat of such subdivision of lots or
land the mayor and council may, in its discretion, require the owner
thereof to lay out and establish proper building lines thereon, and to
show on such plat that all conveyances of lots shown on the plat are
to be made with reference thereto for the benefit of the respective lot
owners and the town of Lexington.
(8) Before approving any such plat of any subdivision OF i0le
lands, the mayor and council may, in its discretion, require the owner
»f such lots or lands to grade the streets and alleys therein, according
to the grade lines established and approved by the mayor and council.

(9) Before approving any such plat of any subdivision of lots or
lands the mayor and council may, in its discretion, require the owner
thereof to designate and establish segregation districts thereon, as
provided by sections thirty hundred and forty-three to thirty hundred
and fifty-three, inclusive, of the Code of Virginia.

GENERAL PROVISIONS

96. The mayor and council of the town of Lexington shall have
the power to pass all ordinances, regulations, resolutions, or orders not
contrary to the Constitution and laws of the United States, or of this
State, which the said mayor and council may deem necessary for the
welfare of the town, or any of its citizens, and such powers as are NOW
or may hereafter be vested in it by the laws of this State, or to amend
or repeal the same at its pleasure, and to enforce the observance of such
ordinances, resolutions, orders and regulations under penalties not
exceeding five hundred dollars or imprisonment not exceeding twelve
months, or both; the fines to be recovered with costs, in the name of
the said town before the mayor, or trial justice, or any councilman of
said town in their absence, and applied in aid of the taxes imposed
upon said town.

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

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

99. Citation of act—This act for all purposes may be referred
to or cited as the Lexington charter of nineteen hundred and thirty-
two.

100. General laws to apply——The enumeration of the particular
powers and authority in this charter shall not be deemed or held to be
exclusive, but in addition to the powers enumerated herein, implied
hereby, 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 under the Constitution and general laws of this
State.

101. Repealing clause-—All acts and parts of acts in conflict with
this charter are hereby repealed in so far as they affect the provisions
of this charter, and former charters and amendments thereto for the
town of Lexington are hereby repealed.
1932] ACTS OF ASSEMBLY 591

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