Chap. 419.—An ACT to provide a new charter for the town of Altavista, Campbell
county, Virginia; to repeal all acts, or parts of acts in conflict therewith; and
to validate all contracts heretofore or hereafter made by the present council
and government while in office not inconsistent with this charter or the Con-
stitution and general laws of this State. [S B 342]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. The Town Corporate——The inhabitants of the territory
comprised within the present limits of the town of Altavista, as such
limitations are now or may be hereafter altered and established by
law, shall constitute and continue a body, politic and corporate, to be
known and designated as the town of Altavista, and as such shall
have and may exercise all powers which are now or hereafter may be
conferred upon or delegated to towns under the Constitution and
laws of the Commonwealth of Virginia, as fully and completely as
though such powers were specifically enumerated herein, and no
enumeration of particular powers by this charter shall be held to be
exclusive, and shall have, exercise and enjoy all the rights, immunities,
powers, and privileges and be subject to all the duties and obligations
now appertaining to and incumbent on said town as a municipal cor-
poration, and the said town of Altavista, as such, shall have perpetual
succession, may sue and be sued, implead and be impleaded, contract
and be contracted with, and may have a corporate seal which it may
alter, renew, or amend at its pleasure by proper ordinance.

Section 2. The Town Boundary.—The corporate limits of the
town of Altavista, Virginia, as heretofore established, and as defined
by order of the circuit court of Campbell county, Virginia, entered at
the September, nineteen hundred and twelve term, are hereby re-
established and shall be taken and deemed as the town of Altavista,
Virginia, as follows:

Starting at a point on the Staunton river just east of the Blue
Ridge Rayon Mills, Incorporated (formerly Altavista Cotton Mills)
a distance of one mile from the Southern Railway station, taking the
said station as a center and continuing a radius of one mile from said
station in a northerly and westerly direction to the intersection of the
Staunton river; thence with the center of said river to the point at
the beginning.

Section 3. Powers of the Town of Altavista—In addition to the
powers elsewhere mentioned in this charter and the powers conferred
by general law and the Constitution, the said town of Altavista shall
have the following powers:

(1) To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may
be subject to taxation by towns by the revenue laws of this Common-
wealth, such sums of money as the council thereof shall deem necessary
for the purpose of the said town, in such manner as the 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
taxes on the bonds of the said town.

(2) To impose special or local assessments for local improve-
ments and to force payment thereof, subject to such limitations pre-
scribed by the Constitution and laws as may be in force at the time
of the imposition of such special or local assessments.

(3) To impose a tax not exceeding one dollar per annum upon all
persons residing in said town above the age of twenty-one years, not
exempt from the payment of State capitation tax.

(4) To contract debts, borrow money and make and issue evi-
dences of indebtedness.

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

(6) To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate therein within or with-
out the town, for any of the purposes of the town; and to hold,
improve, sell, lease, mortgage, pledge, or otherwise dispose of the same
or any part thereof, including any property now owned by the town.

(7) To establish markets in the town and regulate the same, and
to enforce such regulations in regards to the keeping and sales of
fresh meat, vegetables, eggs and other green groceries and the trade
of hucksters and junk dealers as may be deemed advisable; and to
make and enforce such regulations as shall be necessary to prevent
huckstering, forestalling or regrating.

(8) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, prop-
erty rights, and riparian rights as the council of the said town may
deem necessary for the purpose of providing an adequate water supply
to the said town and of piping and conducting the same; to lay, erect
and maintain all necessary mains and service lines, either within or
without the corporate limits of the said town, for the distribution of
water to its customers and consumers, both within and without the
corporate limits of the said town and to charge and collect water rents
therefor; to erect and maintain all necessary dams, pumping stations
and other works in connection therewith; to make reasonable rules
and regulations for promoting the purity of its said water supply and
for protecting the same from pollution; and for this purpose to exer-
cise full police powers and sanitary patrol over all land comprised
within the limits of the water shed, tributary to any such water supply
wherever such lands may be located in this State; to impose and
enforce: adequate penalties for the violation of any such rules and
regulations; and to prevent by injunction any pollution or threatened
pollution of such water supply, and any and all acts likely to impair
the purity thereof; and to carry out the powers herein granted, the
said town may exercise within the State all powers of eminent domain
provided by the laws of this State.

(9) To acquire by gift, purchase, exchange or by the exercise of
the power of eminent domain within this State lands, or any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and
water rights and the necessary roadways thereto, either within or
without the town, and acquire and install machinery and equipment,
and build the necessary roads or tramways thereto; and operate the
same for the purpose of producing materials required for any and all
purposes of the town; and to acquire, purchase, exchange or by the
exercise of the power of eminent domain within this State, lands,
machinery and equipment, and build and operate a plant or plants for
the preparation and fixing of materials for any and all purposes of
the said town.

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

(11) To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town; and to
establish, regulate, license, and inspect weights, meters, measures and
scales.

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

(13) To require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually
register such motor vehicles and to obtain a license to operate the same
by making application to the treasurer of the said town, or such other
person as may be designated by the council of the said town, to issue
said license, and to require the said owner to pay an annual license
fee therefor to be fixed by the council; provided that the said license
fee shall not exceed the amount charged by the State on the said
machine,

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

(15) To establish, enter, open, widen, extend, grade, improve, con-
struct, maintain and clean public highways, streets, sidewalks, boule-
vards, parkways, and alleys, and to alter, vacate, or close the same; to
establish and maintain parks, playgrounds, and public grounds; to keep
them lighted and in good order; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains and to regulate
the use of all such highways, parks, public grounds and works; to
plant and maintain or remove shade trees along the streets and upon
such public grounds; to prevent the obstruction of such streets and
highways, abolish and prevent grade crossings over the same by rail-
roads in the manner prescribed by the general law for the elimination
of grade crossings; to require any railroad company operating a rail-
road at a place where any highway or street is crossed within the town
limits to erect and maintain at such crossing any style of gate deemed
proper and keep a man in charge thereof, or keep a flagman at such
crossing during such hours as the council may require in accordance
with the general law of the State, and to regulate the length of time
such crossing may be closed due to any operations of the railroads; to
regulate the operation and speed of cars, and vehicles upon said streets
and highways, as well as the speed of all engines, cars, and trains on
railroads within the town; and to do all other things whatsoever
adapted to make said streets and highways safe, convenient and at-
tractive.

(16) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or inclosures
of every character, refreshment stands, restaurants, et cetera; to
charge for admissions, and use of the same, and to rent out or lease
the privileges of construction or using such stadiums, swimming pools,
recreation or amusement buildings, structures, or inclosures of every
character, refreshment stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other serv-
ices, products, or conveniences, operated, rented or furnished by the
town; and to assess, or cause to be assessed, after reasonable notice
to the owner or owners, water and sewage rates and charges directly
against the owner or owners of the buildings or against the proper
tenant or tenants; and in event such rates and charges shall be assessed
against a tenant then the council may by ordinance, require of such
tenant a deposit of such reasonable amount as it may by such ordinance
prescribe before furnishing such service to such tenant.

(18) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to
connect therewith and to establish, construct, maintain and operate
sewage disposal plants, and to acquire by condemnation or otherwise,
within or without the town, all lands, rights of ways, riparian and other
rights, and easements necessary for the purposes aforesaid, and to
charge, assess, and collect reasonable fees, rentals, assessments or
costs of service for connecting with and using the same.

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

(20) To charge and to collect fees for permits to use public facili-
ties and for public services and privileges. The said town shall have
the power and right to charge a different rate for any service rendered
or convenience furnished to citizens without the corporate limits from
the rates charged for similar service to citizens within the corporate
limits.

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

(22) 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 conveniences may require; to remove or require to be
removed or reconstructed any building, structure or addition thereto
which by reason of dilapidation, defect of structure, or other causes
may have become dangerous to life or property, or which may be
erected contrary to law; -to establish and designate from time to time
fire limits, within which limits wooden buildings shall not be con-
structed, removed, added to, enlarged, or repaired and to direct that
any or all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron or other fireproof ma-
terials; and may enact stringent and efficient laws for securing the
safety of persons from fires in halls and buildings used for public
assemblies, entertainments or amusements.
(23) To direct the location of all buildings for storing explosives
or combustable substances; to regulate the sale and use of gunpowder,
nitro-glycerin, fireworks, kerosene oil or other like materials; to regulate
the exhibition of fireworks, the discharge of fire arms, and the making
of bonfires in the streets and yards.

(24) To authorize and regulate the erection of party walls and
fences, and to prescribe how the cost thereof shall be borne by cotermin-
ous owners.

(25) To provide for regular and safe construction of houses in
the town for the future, and to provide a building code for the town,
to provide setback lines on the streets beyond which no building may
be constructed, to require the standard of all dwelling houses be main-
tained in residential section in keeping with the majority of residences
therein, and to require the standard of all business houses be main-
tained in business sections in keeping with the majority of the business
houses therein.

(26) To provide by ordinance for a system of meat and milk
inspection, and regulate the sale of meat and milk, 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.

(27) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all foodstuffs and prevent the introduction and sale in said town of
any articles or thing intended for human consumption, which is
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy or otherwise dispose of any such article or thing
without liability to the owner thereof; to prevent the introduction or
spread of contagious or infectious diseases, and prevent and suppress
disease generally; to provide and regulate hospitals within or without
the town limits, and if necessary to the suppression of diseases, to
enforce the removal of persons afflicted with contagious or infectious
diseases to hospitals provided for them; to construct and maintain or
to aid in the construction and maintenance of a hospital or hospitals
for the use of the people of the town; to provide for the organization
of a department or bureau of health, to have the powers of a board
of health for said town, with the authority necessary for the prompt
and efficient performance of its duties, with the power to invest any
or all 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, and establish such guarantine regu-
lations against infectious and contagious diseases as the council may
see fit, subject to the laws of the State and of the United States; and
to provide for a bureau of vital statistics and require physicians, mid-
wives, or parents to make reports thereto.

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

(29) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.

(30) To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to
subject the same to such taxes, regulations and confiscations as the
council may think proper.

(31) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the flying of kites, throwing of
stones, or engaging in any sort of employment in the public streets
which is dangerous or annoying to passersby, and to prohibit and
punish the abuse of animals.

(32) To control, regulate, limit and restrict the operation of motor
vehicles carrying passengers for hire upon the streets or alleys of the
town; to regulate the use of automobiles and other automotive vehicles
upon the streets; to regulate the routes in and through the town to be
used by motor vehicle carriers operating in and through said town and
to prescribe different routes for different carriers; to prohibit the use
of certain streets by motor trucks; and generally to prescribe such
regulations respecting motor traffic therein as may be necessary for
the general welfare.

(33) To grant aid to military companies and to contribute to the
support of a band maintained within the said town, to associations for
the advancement of agriculture or the mechanic arts, to scientific,
literary, educational or benevolent organizations or institutions and to
public libraries, provided such action is not prohibited by the Con-
stitution of the State, and that all such societies, organizations or in-
stitutioris be located in or near the town, and, provided, further, that
no appropriation for any such purpose shall be made, nor shall aid be
otherwise granted through exemption from charge for use of water
or light facilities or otherwise, either with or without charge, beyond
the city limits, unless two-thirds of all members elected to the council
vote therefor.

(34) To acquire, in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within or without the
town not exceeding at any one time five hundred acres in the aggre-
gate, and from time to time to sell or lease the same or any part thereof
for industrial or commercial uses and purposes.

(35) To construct and maintain, or aid in the construction and
maintenance of public roads, boulevards, pathways, ferries and bridges
beyond the limits of the town, in order to facilitate public travel to
and from said town upon an affirmative vote of at least two-thirds of
the members elect of the council, provided that no such appropriation
shall be made toward the purchase, building or improvement of any
road or bridge, et cetera, more than ten miles beyond the corporate
limits of the town; and to construct and maintain or aid therein, roads,
and bridges to any property owned by the said town and situated
beyond the corporate limits thereof; and to acquire land necessary for
the aforesaid by condemnation or otherwise.

(36) To establish, organize and administer public libraries, and
public schools, subject to the general laws establishing a standard of
education for the State; and to provide for a census.

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

(38) 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 said town from without the same; and also
to expel therefrom any such person who has been in said town less
than twelve months.

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

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

(41) To make and enforce ordinances, not inconsistent with the
laws of this State; to regulate, control, license and/or tax the manu-
facture, bottling, sale, distribution, transportation, handling, adver-
tising, possession, dispensing, drinking and use of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer, ale, porter, stout, and all liquids,
beverages and articles containing alcohol by distillation, fermentation
or otherwise.

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

(43) To prohibit and punish minors from frequenting, playing in
or loitering in any public poolroom, billiard parlor, or bowling alley,
and to punish any proprietor or agent thereof for permitting same.

(44) To compel persons sentenced to confinement in the jail of
the town for any misdemeanor or other violation of the laws or
ordinances of the said town to work on the public streets, parks or
other public works of the town; and on the requisition of the Mayor,
or other person acting as judge of the municipal court, it shall be the
duty of the sergeant of the town to deliver such person to the duly
authorized agent of the town for such purposes from day to day as
he may be required.

(45) To offer and pay rewards for the apprehension and convic-
tion of criminals.

(46) To give names to or alter the names of streets.

(47) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon conviction of such
violation.

(48) 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, 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 powers, authority, capacity, or jurisdiction, which is or
shall be granted to or vested in said town, or in the council, court, or
officers thereof, of which may be necessarily incident to a municipal
corporation.

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

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

(51) To make and adopt a comprehensive plan for the town, and
to that end all plats and re-plats hereafter made subdividing any land
within the town or within one mile 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 Campbell county, Virginia.

(52) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the
corporate limits of the said town, at such price and upon such terms as
it may prescribe, and to that end it may contract and purchase elec-
tricity and gas from the owners thereof upon such terms as it may
deem expedient.

Section 4. Administration and Government.—The administration
and government of the town of Altavista shall be vested in one body
to be called the council of the town of Altavista, which shall consist
of seven (7) members, six (6) of whom shall be known as councilmen
and one to be known as mayor, all of whom shall be residents and
qualified voters of the said town. The council of the said town shall
have power to elect or appoint such other officers as it may deem,
necessary, and to define their duties, including a town manager, who
may or may not be a resident or qualified voter of the said town, who
shall, under the control of the council, have the general charge and
management of the administrative affairs and work of the said town,
and who shall perform such other duties as may be required of him
by the council. The said manager shall receive such salary as shall
be allowed him by the council, and may be dismissed at any time by
the said council. The council may create, appoint, or elect such other
departments, bodies, boards, and other officers as are hereinafter pro-
vided for, or as are permitted, or required by law to be appointed by
the council.

Section 5. The Mayor.—The mayor shall preside over the delibera-
tions of the council and shall have the same powers and rights of voting
as other members of the council, but he shall have no right of veto;
he shall be the chief executive officer of the town and shall perform
such other duties consistent with his office as may be imposed by the
council; he shall take care and see that the by-laws, ordinances, acts
and resolutions of the council are faithfully executed; he shall have
and exercise all power and authority conferred by general law. on
mayors of towns not inconsistent with this charter; he shall be ex-
officio a conservator of the peace within the town and within one mile
of the corporate limits thereof, and shall have jurisdiction to try all
violations of the town ordinances, subject to an appeal to the circuit
court of Campbell county, and inflict such punishment and impose such
fines as may be prescribed for a violation of the same and he shall have
power to issue executions for all fines and costs imposed by him, or
he may require an immediate payment thereof, and in default of such
payments he may commit the party in default to the town jail or the
jail of Campbell county until the fine and cost shall be paid, but the
time of imprisonment in such case shall not exceed twelve months; he
shall possess all the jurisdiction and exercise all power and authority
of a justice of the peace in civil and criminal cases within the said
limits ; he shall see that peace and order are preserved and that persons
and property within the town are protected; he shall authenticate by
his signature such documents and instruments as the council, this
charter, or the laws of this Commonwealth require; and he shall from
time to time recommend to the council such measures as he may deem
needful for the welfare of the town.

Section 6. The Powers of the Council——The council hereinbefore
created shall have full power and authority, except as herein otherwise
specifically provided, to exercise herein all of the powers conferred upon
the town, and pass all laws and ordinances relating to its municipal
affairs, subject to the constitution and general laws of the State and
of this charter, and shall have full and complete control of all fiscal
and municipal affairs of said town and all of its real and personal
properties, and may from time to time amend, re-amend and/or repeal
any or all of the said ordinances, for the proper regulation, manage-
ment, and government of the said town and may impose fines and
penalties for the violation or non-observance thereof.

Section 7, Composition of the Council; Vacancies.—The mayor and
the six (6) councilmen shall be elected at large by the qualified voters
of the town, and shall be elected at the regular time in June, nineteen
hundred and thirty-six, fixed by law for the holding of municipal elec-
tions, and each two years thereafter and shall serve a term of two
years from the first day of September next following the day of their
election and until their successors shall have been elected and qualified.
The council shall be a continuing body, and no measure pending before
such body shall abate or be discontinued by reason of expiration of the
term of office or removal of the members of said body or any of them.
Vacancies in the council by any officer therein shall be filled within
thirty days after such vacancy occurs for the unexpired term by a
majority vote of the remaining members, except where otherwise incon-
sistent with the provisions of this charter.

Section 8. Salaries—The salary of the mayor of the town, as now
constituted or hereafter elected, if any be allowed by the council, shall
be fixed by the council, but in no event to exceed twelve hundred dollars
per annum. The six (6) councilmen, as now constituted or hereafter
elected, may receive a salary to be fixed by the said council, not to
exceed three hundred dollars per annum for each councilman. The
salary of the mayor and the councilmen, if any, when fixed shall so
continue until changed by the council, and shall be payable out of the
treasury of the town in monthly installments. The council shall fix the
salary of its clerk, and such other officers, agents, and employees as it
may deem appropriate; provided, no salary shall be fixed for a period
to exceed one year.

Section 9. The Meetings of the Council—The council shall by
ordinance adopt such rules as it might deem proper for the regulation
of its proceedings and shall meet at such times as may be prescribed
by ordinance, provided, however, that it shall hold at least one regular
meeting each month. A majority of the council shall constitute a
quorum for the transaction of business, but no ordinance or resolution
shall be adopted having for its object the levying of taxes or contracting
a debt except by a vote of two-thirds of the council. The mayor, or
any other two members of the council, may call a special meeting of
the council upon at least twelve hours written notice of the time, place,
and purpose to each member served personally or left at his usual
place of business or residence by the town sergeant, and no business
shall be transacted by the council in such special meeting which has
not been stated in the notice, provided, however, that these regulations
shall not apply when all members of the council attend such meeting
or waive notice thereof, nor shall it apply to an adjourned session
from a regular meeting. No ordinance or resolution appropriating
money exceeding the sum of one thousand dollars, imposing taxes, or
authorizing the borrowing of money, shall be passed by the council on
the same day on which it is introduced, nor shall any such ordinance
or resolution be valid until at least three days intervene between its
introduction and the date of passage. No ordinance or resolution ap--
propriating money exceeding the sum of one hundred dollars, imposing
taxes or authorizing the borrowing of money, shall be passed except by
the recorded affirmative vote of a majority of all members elected to
the council. The meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of
the council; and citizens may have access to the minutes and records
of the council at any reasonable time.

Section 10. Council; Chairman Pro Tem.—The council shall, as
soon as this act takes effect, elect from its membership a chairman pro
tem who shall in the absence or inability of the mayor to act, have all
the powers and duties of the mayor, and shall perform all of his
functions; and at the first meeting of each new and succeeding council
elected hereunder such chairman pro tem shall be elected.

Section 11. Elections——The time of holding and the method of
conducting municipal elections shall conform to the general laws of
the State of Virginia.

Section 12. Bond.—All officers elected or appointed under the
provisions of this charter, shall, unless otherwise provided under gen-
eral law or by this charter, or by ordinance of the council, execute
such bond, with such approved corporate security as may be required
by general law, by this charter, or by ordinance or resolution of the
council, and file the same with the town clerk before entering upon
the discharge of their duties; and in event of default on the part of
any bonded municipal officer, the town shall have the same remedies
against him and his sureties as are provided for the State in enforcing
the penalty of any official bond given to it.

Section 13. Oaths.—All officers elected or appointed under the
provisions of this charter shall take the oath of office required by gen-
eral law before entering upon the discharge of his duties, and if these
requirements have not been complied with within thirty days after the
term of office shall have begun or after his appointment to fill a
vacancy, then such office shall be considered vacant.

Section 14. The Town Clerk.—The town clerk shall be appointed
by the council, and shall attend the meetings of the council and shall
keep permanent records of its proceedings; he shall be custodian of
the town seal and shall affix it to all documents and instruments re-
quiring the seal, and shall attest the same; he shall keep all papers,
documents, and records pertaining to the town, the custody of which
is not otherwise provided for in this charter; he shall give notice to all
parties, presenting petitions, or communications to the council of the
final action of the council on such communications or petitions; he
shall give to the proper department or officials ample notice of the
expiration or termination of any franchise, contracts or agreements ;
he shall publish such reports and ordinances as the council is required
to publish, and such other records and ordinances as it may direct;
he shall upon final passage transmit to the proper departments or
officials copies of all ordinances or resolutions of the council relating
in any way to such departments or to the duties of such officials, and
he shall perform such other acts and duties as the council may, from
‘time to time, allow or require.

Section 15. The Town Treasurer.—There shall be appointed by
the council one town treasurer who shall hold office during the pleasure
of the council; but the present treasurer of the town shall continue
to discharge the duties of the office until removed by the council or
until his successor shall have qualified. Any vacancy in this office shall
be promptly filled by the council. The said treasurer shall be the dis-
bursing agent of the town and have the custody of all money and all
evidences of value belonging to the town or held in trust by the town.
He shall receive all money belonging to and received by the town and
keep correct accounts of all receipts from all sources and of all ex-
penditures of all departments. He shall collect all taxes and assess-
ments, water rents, and other charges belonging to and payable to the
town, and for that purpose he is hereby vested with powers similar
to those which are now or may hereafter be vested in county and city
treasurers for the collection of county, city, and State taxes under the
general law; he shall keep, disburse and deposit all money or funds in
such manner and in such places as may be determined by ordinance or
the provision of law applicable thereto; he shall pay no money out of
the treasury, except in the manner prescribed by this charter or by
ordinance or the general law; he shall perform such duties as are
usually incident to the office of commissioner of revenue in relation
to the assessment of property for town taxation and town license taxes
and shall have power to administer oaths in the performance of his
official duties; and shall make such reports and perform such other
duties not inconsistent with the office as may be required by this
charter or by ordinance or resolution of the council. The treasurer
shall not be entitled to any commission for handling the funds of the
town but shall be paid such salary as may be provided by the council,
and before entering upon the duties of his office shall execute a bond
in such amount and with such security as the council by ordinance may
prescribe. The council may, in its discretion, and if it deems it neces-
sary or convenient, appoint some person or persons from the electors
of the town to assist the town treasurer in the collection of all taxes
and assessments, water rents, and other charges belonging to and pay-
able to the town, which person may be the town sergeant, or superin-
tendent of water works, but before entering upon the discharge of his
duties, such person shall execute a bond in such amount and with such
security as the council by ordinance, may prescribe. The treasurer
shall be subject to the supervision of the council of the town of
Altavista and shall perform such other duties not inconsistent with
his office as may be required of him by the town council; and he shall
make all such reports as may be required by the council. The said
treasurer and the town clerk may be one and the same person if the
council may deem it more expedient.

Section 16. Town Sergeant.—There shall be appointed by the
council a town sergeant who shall qualify and give bond in such
amount as the council may require. He shall be vested with powers
of a conservator of the peace, and shall have the same powers and dis-
charge the same duties as a constable within the corporate limits of the
town and to a distance of one mile beyond the same, and shall perform
such other duties as may be from time to time prescribed by the
council or town manager.

Section 17. Tax Lien on Real Estate.—A lien shall exist on all real
estate within the corporate limits for taxes, levies and assessments in
favor of the town, assessed thereon from the commencement of the
year for which the same were assessed and the procedure for collecting
the said taxes, for selling real estate for town taxes and for the redemp-
tion of real estate sold for town taxes shall be the same as provided
in the general law of the State to the same extent as if the provisions
of said general law were herein set out at length. The said town and its
treasurer shall have the benefit of all other and additional remedies
for the collection of town taxes which are now or hereafter may be
granted or permitted under the general law.

Section 18. Tax Remedies; Personal Property.—All goods and
chattels wheresoever found may be distrained and sold for taxes and
licenses assessed and due thereon; and no deed of trust or mortgage
upon goods and chattels shall prevent the same from being distrained
and sold for taxes and licenses assessed against the grantor in such
deed while such goods and chattels remain in the granter’s possession.

Section 19. License Taxes.—License taxes may be imposed by
ordinance on businesses, trades, professions or callings and upon the
person, firms, associations and corporations engaged therein, and the
agents thereof, except in cases where taxation by the localities shall be
prohibited by the general law of the State, and nothing herein shall be
construed to repeal or amend any general law with respect to taxation.
The council may subject any person, who, without having obtained a
license therefor, shall do any act or follow any business, occupation,
vocation, pursuit, or calling in the town for which a license may be
required by ordinance, to such fine or penalty as it has authority to
impose for any violation of its laws.

Section 20. Audit of Accounts.—Upon the death, resignation,
removal or expiration of the term of any officer of the town, the
council shall order an audit and investigation to be made of the accounts
of such officer and a report to be made to the council as soon as prac-
ticable. After the close of each fiscal year an annual audit shall be
made of the accounts of all town officers; said 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 council may at any time
provide for an examination or audit of the accounts of any officer
or department of the town government.

Section 21. Subdividing Lands, Dedication of Streets, Recording
Plats —Every owner or proprietor of any tract of land who may
hereafter subdivide the same into three or more parts for the purpose
of creating a subdivision shall conform to the general laws of the
State of Virginia, in the preparation of the plat, laying out and dedica-
tion of streets, alleys, and lanes, and recordation thereof, except as
herein otherwise provided, but in no event shall the town of Altavista
be held responsible for the upkeep of any street, alley or lane, or be
held liable for any accidents which may occur upon such streets, alleys
or lanes until after the dedication of such streets, alleys or lanes shall
have been accepted by or declared by ordinance of the town council.

Section 22. Municipal Securities——Bonds, notes, and other evi-
dences of indebtedness may be issued by the town for such purposes
and in such manner as are prescribed by chapter one hundred and
twenty-two of the Code of Virginia, the Constitution, or any other
general statute on the subject of bond issues by towns or the issue of
other municipal securities, except that before the council may act under
the general laws upon the question of a bond issue there shall be pre-
sented to the said council a petition signed by a majority of the holders
of real estate in said town as shown by the last assesment for taxa-
tion purposes, which shall request that the council proceed in the
matter of issuing bonds in accordance with the provisions of law; but
provided that the aforesaid exception shall not apply to certificates of
indebtedness, revenue bonds or other obligations issued in anticipation
of the collection of the revenue of the town for the then current year,
if such certificates, bonds or other obligations mature within one year
from the date of their issue, and be not past due, and do not exceed
the revenue for such year.

Section 23. Sinking Fund Provision—(a) There shall be set apart
annually from the revenues of the town a sinking fund sufficient in
amount, to be invested as hereinafter set forth, to pay the outstanding
indebtedness of the town as it matures and which by its terms is not
payable in one year, and the council may in its discretion annually from
time to time, set aside such additional sinking funds as may be deemed
proper. (b) When taxes on real and personal property are collected
for the year the town treasurer shall take therefrom the necessary
amount and any additional sum, if any, so set apart, and deposit the
same in a separate account to the credit of the sinking fund in such
bank or banks as the council may designate; and the said council may,
if it shall so elect, cause its sinking fund to be loaned on improved real
estate situated in the town of Altavista, secured by first mortgage liens
thereon, provided such funds shall not be loaned to a greater amount
than fifty per centum of the fair market value of the property, and
fire insurance shall be carried on the property during the loan in an
amount at least equal to the face amount of the loan, which money
shall be loaned at the rate of six per centum per annum, payable semi-
annually and for no longer than five years at any one time. (c) All
sinking funds shall be used exclusively in the payment or purchase and
redemption of the oustanding bonds of the town, and when such
sinking funds are not required or may not within a reasonable time be
required for 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 in-
terest bearing municipal, State or government bonds or loaned upon
otherwise unencumbered real estate, within the town of Altavista upon
the basis hereinbefore provided, or invested in any 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
fund may be used in the payment or purchase and redemption of all
bonds of the town at the discretion of the council. (d) The town
council shall act as the sinking fund commission and shall provide for
the investment, deposit and application of the funds in conformity to
the provisions of this charter ; and it may require of any bank or banks
receiving on deposit its revenues or any of its sinking fund a fidelity
bond.

Section 24. Acquisition of Property; Condemnation.—The town
shall not take or use any private property for streets, highways or
any other public purposes without making just compensation for the
same, but where the town cannot obtain the title to property necessary
for such purposes, it may proceed to condemn the same in the mode
prescribed by the Constitution and general laws of the State.

Section 25. Actions Against Town; Damages.—(a) No action
shall be maintained against the 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 is the result of the alleged negligence of the town, its officers,
agents or employees, of the nature of the claim and the time and place
at which the injury is alleged to have occurred or to have been re-
ceived, shall have been filed with an attorney appointed by the council
for this purpose within sixty days after such cause of action shall
have accrued. And no officers, agents or employees of the town shall
have authority to waive such conditions precedent or any of them.
(b) In any action against the town to recover damages against it for
any negligence in the construction or maintenance of its streets, alleys,
lanes, parks, public places, sewers, reservoirs or water mains, where
any person or corporation is liable with the town for such negligence,
every such person or corporation shall be joined as defendant with the
town in any action brought to recover damages for such negligence, and
where there is judgment or verdict against the town, as well as the
other defendant, it shall be ascertained by the court or jury which of
the defendants is primarily liable for the damages assessed. (c) If it
be ascertained by the judgment of the court that some person or cor-
poration other than the town is primarily liable, there shall be a stay
of execution against the town until execution against such person or
persons or other corporation or corporations shall have been returned
without realizing the full amount of such judgment. (d) If the town,
where not primarily liable, shall pay the said judgment in whole or in
part, the plaintiff shall, to the extent that said judgment is paid by
the town, assign the said judgment to the town without recourse on
the plaintiff, and the town shall be entitled to have execution issued
for its benefit against the other defendant or defendants who have
been ascertained to be primarily liable, or may institute any suit in
equity to enforce the said judgment, or an action at law, or scire facias
to revive or enforce said judgment. (e) No order shall be made,
and no injunction shall be awarded, by any court or judge, to stay the
proceedings of the town in the prosecution of their works, unless it be
manifest that they, their officers, agents or servants are transcending
the authority given them by this act, and that the interposition of the
court is necessary to prevent injury that cannot be adequately com-
pensated in damages.

Section 26. Investigations——The council, the mayor, and any of-
ficer, board of commission authorized by them or either of them, shall
have power to make investigations within their respective powers and
duties, and for that purpose to subpoena witnesses, administer oaths,
and compel the production of books and papers, and any person re-
fusing or failing to attend, or to testify or to produce such books and
papers, may by summons issued by such board or officer be summoned
before the mayor of said town, and upon his failure to give satisfactory
explanation of such failure or refusal may be fined by the mayor for
contempt, and any person giving false testimony may be proceeded
against for perjury.

Section 27. Books, Records, Et Cetera.—All books, records and
documents used by any town officer in his office or pertaining to his
duties shall be deemed the property of said town, and the chief officer
in charge of such office shall be responsible therefor. Any such officer
or person made by this section responsible for the keeping of such
books, records, and documents shall, within ten days after the end of
his term of office or within ten days after the date of his resignation
or removal from office, as the case may be, deliver to the town clerk
all such records and documents. Any such officer or person failing
to deliver such books, records, or documents, as required by this
section, shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished as the council may have by ordinance
provided.

Section 28. Validation of Contracts——All contracts and obliga-
tions heretofore or hereafter made by the council of the town of
Altavista, while in office, not inconsistent with this charter, or the Con-
stitution, or the general laws of this State shall be, and are hereby
declared to be valid and legal.

Section 29. Ordinances to Continue in Force.—All ordinances now
in force in the town of Altavista, not inconsistent with this charter
shall be and remain in force until altered, amended or repealed by the
council of the said town.

Section 30. Partial Invalidity ——If any clause, sentence, paragraph,
or part of this act, shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of the said act, but shall be con-
fined in its operations to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which said judgment shall have
been rendered.

Section 31. Repealing Clause.—All acts or parts of acts in con-
flict with this charter, in so far as they affect the provisions of this
charter, and all former charters and amendments thereto for the town
of Altavista, Virginia, are hereby repealed.

Section 32. Citation of Act—This act may for all purposes be
referred to or cited as the Altavista charter of nineteen hundred and
thirty-six.

2. An emergency is hereby declared to exist, and this act shall be
in force and effect from its passage.