Chap. 423.——An ACT to provide a new charter for the town of Vinton, Virginia,
and to repeal all acts or parts of acts in conflict therewith. [H B 291]

Approved March 30, 1936

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

Section 1. The city and its boundaries——The inhabitants of the
territory comprised within the present limits of the town of Vinton,
as hereinafter described, or as the same may be hereafter altered and
established by law, shall continue to be a body politic and corporate, to
be known and designated as the town of Vinton, 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 said powers were specifically enumerated herein, and no
enumeration of particular powers by this charter shall be held to be
exclusive; and the said town of Vinton, as such shall have perpetual
succession, may sue and be sued, contract and be contracted with, and
may have a corporate seal which it may alter, renew, or amend at its
pleasure, the present boundaries of the said town being as follows,
to-wit:

“Beginning at a locust tree at the northwest corner of the sixty-five
and eighty-one-one-hundredths acre tract of the I. W. Vinyard Estate
and at the northeast corner of lot thirteen, section three, of the
Mechanics Home Addition Map; thence south forty-one degrees twenty-
five minutes west four hundred four feet to a monument at number
two; thence south seventy degrees fifteen minutes west six hundred
ninety-six and five-tenths feet to a monument at number three; thence
with the northerly line of Midway Subdivision, south sixty-nine degrees
twelve minutes west seven hundred fifty-eight feet to a monument at
number four on line of the Roanoke Land Company; thence through
the lands of the original Roanoke Land Company lands, now known
as Glen Falls Land Company, south seventy-six degrees west eighteen
hundred fifty feet to a point in the center of Tinker Creek at number
five (monument planted one hundred feet north seventy-six degrees
east from corner number five in center of creek); thence fourteen lines
down Tinker Creek and center thereof, south ten degrees forty minutes
west three hundred forty-one feet to corner number six; thence south
eight degrees thirty minutes east one hundred sixty-one feet to
Norfolk and Western Bridge at number seven; thence south twenty-
one degrees thirty minutes east two hundred ten feet to number eight;
north sixty-seven degrees forty minutes east six hundred sixty-nine
feet to number nine; south fifty-five degrees forty-five minutes east ten
hundred sixty-nine feet to center of Roanoke Electric Car bridge to
number ten; north seventy-five degrees east three hundred seventy-
four feet to number eleven; south seventy-four degrees east three
hundred seventy-four feet to number twelve; south sixty-one degrees
thirty minutes east seventy-five feet to number thirteen; south twenty-
three degrees fifteen minutes east crossing Glade Creek at three hun-
dred seventy feet in all a total distance of four hundred ninety-five feet
to number fourteen; south thirty-five degrees forty-five minutes east
five hundred sixty feet to number fifteen; south twenty-four degrees
fifteen minutes east two hundred seventy and five-tenths feet to number
sixteen; thence about twenty-five degrees east, approximately three
hundred seventy feet to number seventeen; south thirty degrees fifteen
minutes east four hundred eighty-seven and five-tenths feet to number
eighteen; south twenty-nine degrees fifteen minutes east six hundred
twenty-five feet to number nineteen; thence leaving the center of
Tinker Creek and up a large branch, passing by a reference monument
at sixty feet, in all north seventy-seven degrees fifty minutes east six
hundred forty-seven feet to a monument on the north side of branch
at number twenty; thence south eighty-four degrees fifty minutes east
two hundred sixty-four feet to the corner of Glade Land Company
and Franklin Avenue to number twenty-one on the east side of First
Street; thence along the north side of Franklin Avenue, south fifty-
seven degrees thirty minutes east twelve hundred forty-three feet to
number twenty-two, a monument on the line of M. J. Vinyard on the
east side of Fifth Street thence along the easterly side of said Fifth
Street, north thirty-one degrees east three hundred fifty-six and five-
tenths feet to monument number twenty-three at the intersection of
two lanes; thence north forty-five degrees fifteen minutes east three
hundred forty and five-tenths feet to monument number twenty-four on
the south side of a fence in Gossard’s field; thence north forty-five
degrees ten minutes east three hundred sixty-one feet to monument
number twenty-five on line of M. J. Vinyard and Henry Sheppard on
west line of stone wall; thence north twenty-three degrees fifty minutes
east seven hundred twenty-nine feet to monument number twenty-six
on the line of M. J. Vinyard and J. L. Harris; thence with Vinyard’s
line south fifty-three degrees fifteen minutes east four hundred fifteen
and four-tenths feet to monument number twenty-seven; thence south
eighty-seven degrees forty minutes east four hundred five feet to monu-
ment number twenty-eight; thence south eighty-nine degrees thirty
minutes east nine hundred seventy-nine and five-tenths feet to monu-
ment number twenty-nine on the east side of road leading to M. J.
Vinyard’s residence; thence north eighty-six degrees thirty minutes
east one hundred forty-two feet to monument number thirty on south
side of Bedford Road; thence crossing said road (and following along
east side of alley and crossing Cleveland Street at six hundred thirty
feet) north thirty-three degrees fifty minutes east seven hundred sixty-
nine and five-tenths feet to monument number thirty-one, at corner of
Pedigo Addition and Preston Lands; thence north eleven degrees fifty
minutes east crossing Washington Street at eleven hundred feet and
passing the northeast corner of the original Upson residence, in all,
a total distance of eighteen hundred forty-four feet to monument
number thirty-two on the south side of Bedford Road at the mouth of
Preston Lane; thence with the new corporate limit in accordance with
ordinance dated December ninth, nineteen hundred twelve, of record
in Common Law Order Book ten, page twenty-one, in the clerk’s
office of the Circuit Court for the county of Roanoke, Virginia, south
fifty-four degrees nineteen minutes west seventy-one and two-tenths
feet to monument number thirty-three; north forty-one degrees thirty-
one minutes west seven hundred forty-one feet to a pine tree at number
thirty-four; thence with the easterly line of Fairview Club Lot Com-
pany lands, north thirty-one degrees twenty minutes east six hundred
eighty-one and two-tenths feet to an oak tree at number thirty-five;
thence along a county road north eighty-six degrees thirty minutes
west six hundred sixty-one and five-tenths feet to number thirty-six ;
thence continuing with the road, north eighty-two degrees forty-five
minutes west three hundred fifty-five feet to number thirty-seven near
intersection of roads; thence north sixty-eight degrees forty-five min-
utes west crossing Glade Creek and the Norfolk and Western Railway
a total distance of twelve hundred sixty-eight and two tenths feet to
a point at number thirty-eight on the northwesterly right-of-way line
of said railway; thence with the new corporate limits as established
by ordinance dated December ninth, nineteen hundred twelve, of record
in Common Law Order Book ten, page twenty-one, in the clerk’s office
of the Circuit Court for the county of Roanoke, Virginia, and with
the line of the I. W. Vinyard Estate, along the said northwesterly
right-of-way line of the said Norfolk and Western Railway Company,
in a southwesterly direction across Glade Creek a total distance of seven
hundred twenty-eight feet to monument number thirty-nine on the
south side thereof; thence along the southerly and westerly side of
said Glade Creek the following eleven courses and distances: South
seventy-nine degrees fifteen minutes west four hundred thirty-five and
six-tenths feet to monument number forty; south eighty-five degrees
thirty-three minutes west one hundred seventy-six and nine-tenths feet
to monument number forty-one; north seventy-seven degrees eleven
minutes west one hundred eleven and three-tenths feet to monument
number forty-two; thence north fifty-three degrees forty-seven minutes
west two hundred eighty-three and twenty-five-one-hundredths feet
to number forty-three; north fifty-seven degrees thirty-five minutes
west four hundred fifty-seven and eight-tenths feet to monument num-
ber forty-four ; thence north forty-one degrees forty-seven minutes west
one hundred fifty-eight and eight-tenths feet to monument number
forty-five; thence south forty-nine degrees twenty-four minutes west
two hundred ninety-four and nine-tenths feet to monument number
forty-six ; thence south twenty-four degrees twelve minutes west two
hundred four and fifty-seven-one-hundredths feet to monument number
forty-seven; south eight degrees fifty-six minutes west four hundred
fifteen and eight-tenths feet to monument number forty-eight; south
forty-two degrees three minutes west two hundred twenty-four and
four-tenths feet to monument number forty-nine; south fifty-one de-
grees forty-five minutes west one hundred eighty-four and seven-tenths
feet to monument number fifty; thence crossing said Glade Creek and
with the easterly line of the Mechanics Home Addition lands north
thirty-two degrees forty-three minutes west thirteen hundred six and
nine-tenths feet to the place of beginning.”

And containing one and one-tenth square miles, plat of which is
hereto attached. .
Section 2. Powers of town of Vinton.—In addition to the powers
mentioned in section one hereof, the said town of Vinton shall have
the following powers:

(1) To raise annually by taxes and assessments in said town such
sums of money as the council thereof shall deem necessary for the
purposes of said town, and in such manner as said council shall deem
expedient, in accordance with the Constitution and general laws 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) Subject to the provisions of the Constitution of Virginia, and
of this charter, to contract debts, borrow money and make and issue
evidence 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,
within or without the town or State and for any of the purposes of
the town; and to hold, improve, sell, lease, mortgage, pledge or other-
wise dispose of the same or any part thereof, including any property
now owned by the town.

(6) To acquire, in any lawful manner, for the purpose of en-
couraging commerce, manufacture, education, and the building of
homes, lands within and without the town, not exceeding at any one
time five thousand acres in the aggregate, and from time to time, to
sell, dispose of, lease, or donate the same or any part thereof for com-
mercial, industrial, educational or residential uses and purposes, in-
cluding any land now owned by the town, and including the power to
donate any land now or hereafter owned by the town for hospital
purposes.

(7) 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 into
streets, alleys, roads, and lots or tracts shall be submitted to and ap-
proved 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 Roanoke, Virginia.

(8) To furnish all local public service; to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by con-
demnation or otherwise, within or without the corporate limits, land and
property necessary for any such purposes.

(9) 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 said town may deem
necessary for the purpose of providing an adequate water supply for
said town and of piping or conducting the same; to lay all necessary
mains; and service lines, either within or without the corporate limits
of said town for the distribution of water to its customers and con-
sumers, 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 exercise full police powers and san-
itary patrol over all lands comprised within the limits of the watershed
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 injunc-
tion any pollution or threatened pollution of such water supply and
any and all acts likely to impair the purity thereof; and for the pur-
pose 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; pro-
vided, that the lands which may be held in this State by said town for
such purpose shall not exceed, in the aggregate, thirty thousand acres,
at any one time. For any of the purposes aforesaid said town may, if
the council shall so determine, acquire by condemnation, purchase or
otherwise, any estate or interest in such lands or any of them in fee,
reserving to the owner or owners thereof such property rights or ease-
ments therein as may be prescribed in the ordinance provided for such
condemnation or purchase.

(10) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the said town for the
generating of electricity and the manufacture of gas for illuminating,
power and other purposes, and to supply the same, whether said gas
and electricity be generated or purchased by said town, to its cus-
tomers and consumers both within and without the corporate limits
of the said town, at such price and upon such terms as it may pre-
scribe, and to that end it may contract with owners of land and
water power for the use thereof, or may have the same condemned,
and to purchase such electricity and gas from the owners thereof, and
to furnish the same to its customers and consumers, both within and
without the corporate limits of the said town at such price and on such
terms as it may prescribe.

(11) To exercise the power of eminent domain for the purpose of
acquiring or taking any or all spring, springs, water supplies, pipe
lines, reservoirs, land, property, easements, contracts, contract rights,
property rights, riparian rights, or any interest or interests therein, in
the State of Virginia, now or hereafter owned by any private, quasi-
public service, or public service corporation, incorporated under the
laws of Virginia, or any other State for the purpose of supplying, or
supplying the town of Vinton, Virginia, or its inhabitants, with water,
notwithstanding any provision to the contrary in section thirty hundred
and thirty-one, or other section, or sections, of the Code of Virginia.

(12) To establish, impose and enforce water, light and sewerage
rates, and rates and charges for public utilities, or other service, prod-
ucts, or conveniences, operated, rendered or furnished by the town;
and to assess, or to cause to be assessed, water, light and sewerage
rates and charges directly against the owner or owners of the build-
ings, or against the proper tenant or tenants, 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 or charges are assessed; and in event such rates and
charges shall be assessed against a tenant, then the said council may
by an ordinance, require of such tenant, a deposit of such reasonable
amount as may be by such ordinance prescribed before furnishing such
services to such tenant.

(13) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
comfort 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.

(14) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys,
boulevards and parkways, and to alter or close the same; to establish
and maintain parks, playgrounds, and other public grounds; to con-
struct, 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 shade trees along the streets
and upon such public grounds; to prevent the obstruction of such
streets and highways, abolish and prevent grade crossings over the
same by railroads, other than street railroads, in the manner pre-
scribed by general law for the elimination of grade crossings; to re-
quire any railroad company operating a railroad at the place where
any highway or street is crossed within the town limits to erect and
maintain at such crossings any style of gate deemed proper and keep
a man in charge thereof, or keep a flagman at such crossing, during
such hours as the council may require in accordance with the pro-
visions of section thirty-nine hundred and ninety-eight and other sec-
tions of the Code of Virginia; and to regulate the length of time such
crossings may be closed due to any operations of the railroads; to
regulate the operations, weight of load, and speed of all cars and
vehicles using the same, as well as the operation and speed of all en-
gines, cars and trains, or railroads within the town; to regulate the
services to be rendered, including route traversed, and rates charged
by buses, motor cars, cabs and other vehicles for the carrying of pas-
sengers and by vehicles for the transfer of baggage; to permit railroads
and street car lines to be built in the streets and alleys, and to determine
and designate the route and grade thereof; and to specify and require
the proper construction and maintenance of the streets between the
rails and on either side thereof for such distances as such streets may
be affected by the construction, operation, repair or maintenance of
such railroads or street car lines, and to require the reconstruction of
so much of said streets as may be damaged by the removal of such
railroads or street car line; to permit or prohibit poles and wires for
electric, telephone and telegraph purposes to be erected and gas pipes
to be laid in the streets and alleys, and to prescribe and collect an an-
nual charge for such privileges, heretofore or hereafter granted; to
require the owner or lessee of any electric light, telephone or tele-
graph pole, or poles or wires now in use or hereafter erected, to change
the location or move the same; to require all telephone and telegraph
wires and all wires and cables carrying electricity, now in use or
hereafter used, to be placed in conduits underground and prescribe
rules and regulations for the construction and use of such conduits, if
and when the State Corporation Commission shall so order, after due
notice to all parties concerned, and hearing thereon; to open, lay out,
and improve new streets across the track or tracks, of any railroad in
the town, and any such new or existing street or streets may cross any
such track or tracks, of any railroads in the town, in the discretion of
the council, either at grade, or pass above or below any such existing
structure or structures; provided, that after due notice to such railroad
company and full opportunity to be heard and after the council shall
have decided whether such crossing shall be made at grade, or pass
above or below any such existing structure or structures, the plans and
specifications for such crossing as the council shall have determined
upon, shall be submitted to the principal agent of such railroad com-
pany in the town, and in the event the town and railroad company
cannot within sixty days thereafter agree upon such plans and specifi-
cations, or cannot agree in regard to the division of the cost of con-
structing such crossing, then the town shall submit such plans and
specifications to the State Corporation Commission, after reasonable
notice to such railroad company and after hearing such evidence as
either party may adduce, shall approve, or revise and approve, the
plans for such crossing as the council shall have determined shall be
made, or substitute such other plans or character of crossing, whether
at grade, overhead or underpass, as the State Corporation Commission
may deem proper under all the facts, circumstances and conditions in
the case, the said improvements shall be made by the corporation whose
track is to be crossed and the expense thereof shall be borne equally
by the said corporation and the town, and after such crossing shall
have been constructed, it shall be maintained, within the limits of the
railroad right of way, by such railroad company or by the lessee
thereof; and to do all other things whatsoever adapted to make said
streets and highways safe, convenient and attractive.

(1414) To acquire by gift, purchase, exchange, or by the exer-
cise of the power of eminent domain within this State, lands, and 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 tramroads thereto, and operate the
same for the purpose of producing materials required for the construc-
tion, repair and maintenance of streets, highways, sidewalks, water
works, reservoirs, sewers, electric lights, public buildings, and any and
all purposes not in contravention of Section thirty hundred thirty-
one-a of the Code of Virginia, and to acquire by gift, purchase, ex-
change, or by the exercise of the power of eminent domain within
this State, lands and machinery and equipment, and build and operate
a plant or plants for the preparation and mixing of materials for the
construction of improved streets and other public improvements, and
the maintenance and repair thereof, and to build and operate coal tip-
ples and yards in connection therewith.

(15) To construct and maintain, or aid in constructing and main-
taining, public roads, State highways, boulevards, parkways and
bridges, beyond and within ten miles of the limits of the town, in
order to facilitate public travel to and from said town and its suburbs,
and to and from said town and any property owned by said town,
and situated beyond the corporate limits thereof, regardless of dis-
tance, and to acquire land and property rights necessary for such pur-
pose by condemnation or otherwise.

(16) 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
sewerage disposal plants, and to acquire by condemnation or otherwise
within or without the town, all lands, rights of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to
charge and collect reasonable fees or assessments or costs of service
for connecting with and using the same.

(17) In connection with its system of sewerage, the town may
continue to use Glade Creek, Tinker Creek and the Roanoke River as
heretofore.

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

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

(20) To compel the abatement and removal of all nuisances within
the town or upon the 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 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
unneccessary noise; to regulate the location of stables and the manner
in which they shall be kept and constructed; to regulate the location,
construction and operation and maintenance of billboards and gen-
erally to define, prohibit, abate, suppress and prevent all things detri-
mental to the health, morals, aesthetics, safety, convenience and wel-
fare of the inhabitants of the town; and to require all owners or occu-
pants of property having sidewalks in front thereof to keep the same
clean and sanitary, and free from all weeds, filth and unsightly de-
posits.

(21) If any ground in the said town shall be subject to be covered
by stagnant water, or if the owner or occupant thereof shall permit
any offensive or unwholesome substance to remain or accumulate
thereon, the said council may cause such ground to be filled up, raised
or drained, or may cause such substance to be covered or removed
therefrom, provided, that reasonable notice shall be first given to the
said owner or occupant or his agent. In case of non-resident owners
who have no agent in said town, such notice may be given by publica-
tion for not less than ten days, in any newspaper published in said
town.

(22) To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate or prohibit
the sale and use of dynamite, gunpowder, firecrackers, kerosene oil,
gasoline, nitro-glycerine, camphene, burning fluid, and all explosive or
combustible materials, the exhibition of fireworks, the discharge of
fire arms, the use of candles, and lights in barns, stables, and other
buildings, the making of bonfires and the carrying of concealed
weapons.

(23) 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, meters, measures and scales.

(24) 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, 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 such reasonable penalties for the violation of such ordi-
nances,

(25) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to estab-
lish, regulate and control a fire department or division; to regulate the
size, height, materials and constructions of buildings, fences, walls,
retaining walls and other structures hereafter erected in such manner
as the public safety and conveniences may require; to remove or
require to be removed or reconstructed any building, structure or addi-
tion 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 or designate from time
to time fire limits, within which limits wooden buildings shall not be
constructed, removed, added to, enlarged or repaired, and to direct
any or all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron or other fireproof ma-
terial; 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.

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

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

(28) To establish as hereinafter provided a child welfare board,
through which to provide for making money allowances to aid in
maintaining and educating poor and destitute children.

(29) To establish, organize and administer public schools and
libraries subject to the general laws establishing a standard of educa-
tion for the State.

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

(31) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace or safety of
the town, from coming to said town from without the same; and for
this purpose require the owner of any conveyance bringing such per-
son to the town to take such person back to the place whence he was
brought, or enter into bond with satisfactory security that such per-
son shall not become a charge upon said town within one year from
the date of his arrival; and also to expel therefrom any such person
who has been in said town less than six months; also to expel from
the town all persons found therein dangerous to the peace, safety and
welfare of the town, or any person who may be advocating the over-
throw of the Federal, State, or municipal government by force or
violence or inciting the people, or any of them, to riot, or to any unlaw-
ful effort against the social, governmental, industrial, educational or
moral welfare of the people.

(32) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all foods and foodstuffs and prevent the introduction and sale in said
town of any articles or thing intended for human consumption, which
is adulterated, impure or otherwise dangerous to health, and to con-
demn, seize and destroy or otherwise dispose of any such article or
thing without liability to the owner thereof ; prevent the introduction or
spread of contagious or infectious diseases, and prevent and 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 power to invest any or all the
officials or employees of such departments of health with such powers
as the police officers of the town have; to establish quarantine ground
within or without the town limits, and such quarantine regulations
against infectious and contagious diseases as the council may see fit,
subject to the laws of the State and of the United States.

(33) To acquire by purchase, gift, devise, condemnation or other-
wise, lands, either within or without the town, or both, to be used,
kept and improved as a place for the interment of the dead, and to
make and enforce all necessary rules and regulations for the protection
and use thereof; and generally to regulate the burial and disposition
of the dead.

(34) To accept and receive, unconditionally or upon conditions,
absolutely or in trust, gifts, grants, bequests and devises of any kind
of property, real or personal, for educational, charitable or other pub-
lic purposes; and to do all the things and acts necessary to carry out
the purposes of such gifts, grants, bequests, and devises, with power
to manage, maintain, operate, sell, lease or otherwise handle or dispose
of the same, in accordance with the terms and conditions of such
gifts, grants, bequests and devises.

(35) To acquire by purchase, gift, devise or condemnation prop-
erty adjoining its parks, or lots on which its monuments are located,
or other property used for public purposes, or in the vicinity of such
parks, plats or property which is used and maintained in such a manner
as to impair the beauty, usefulness or efficiency of such parks, plats
or public property, and may likewise acquire property adjacent to any
street, the topography of which, from its proximity thereto, impairs the
convenient use of such street, or renders impracticable, without extra-
ordinary expense, the improvement of the same, and the town may
subsequently dispose of the property so acquired, making limitations
as to the use thereof, which will protect the beauty, usefulness, effi-
ciency or convenience of such parks, plats and property.

And when the town proposes to open or widen a street, or change
the channel of a creek, by taking any part of a block or square in such
manner that the value of the property abutting the proposed street or
creek would be injuriously affected, unless the property on such
block or square is replatted and the property line or lines readjusted,
then and in that event the town at the same time it acquires by pur-
chase, gift, condemnation or otherwise, all or any part of the property
on such squares or blocks and may subsequently replat and dispose of
the property so acquired, in whole or in part, making such limitations
as to the uses thereof as it may see fit.

(36) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the town
or its inhabitants.

(37) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the
powers conferred by this charter or by any general law, and to pro-
vide and impose suitable penalties for the violation of such ordinances,
rules and regulations, or any of them, by fine not exceeding five hun-
dred dollars or imprisonment not exceeding six months, or both, the
town may maintain a suit to restrain by injunction the violation of any
ordinance, notwithstanding such ordinance may provide punishment
for its violation.

The enumeration of particular powers in this charter shall not be
deemed or held to be exclusive, but in addition to the powers enumer-
ated herein, implied thereby, or appropriate to the exercise thereof,
the said town shall have and may exercise all other powers which are
now or may hereafter be possessed or enjoyed by towns under the
Constitution and general laws of this State.

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

(39) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the peace and good
order; to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of ill-fame and gambling houses; to pre-
vent 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.

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

(41) To make and enforce ordinances similar to the prohibition
laws of the State. .

(42) To establish, maintain and operate a market or markets in
and for said town; to prescribe the times and places for holding the
same; and to make and enforce such regulations as shall be necessary
to prevent huckstering, forestalling or regrating.

(43) To provide for the development of power and light and the
distribution and sale of same, and to construct, own, maintain, and
operate facilities necessary thereto, and to acquire by condemnation or
otherwise, within or without the town, land, interests in land, water,
power sites, easements, property, and property rights necessary for
such purpose.

(44) To pass and enforce all by-laws, rules, regulations and ordi-
nances not repugnant to the Constitution and laws of the State, which
it may deem necessary for the good order and government of the town,
the management of its property, the conduct of its affairs, the peace,
comfort, convenience, order, morals, health and protection of its cit-
izens 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 and
power, authority, capacity, or jurisdiction, which is or shall be granted
to or vested in said town, or in the council, court or officers thereof,
or which may be necessarily incident to a municipal corporation.

Section 3. Creation of council—There is hereby created a council
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 relating to its municipal affairs, subject
to the Constitution and general law of the State and of this charter.

Section 4. Composition of council; vacancies——-The council shall
consist of three members, whose term of office, except as hereinafter
fixed, shall be for a term of four years. The six members, who now
constitute the said council, shall continue in office until September the
first, nineteen hundred and thirty-six, and thereafter until their succes-
sors have been elected and qualified. At the June election, nineteen
hundrd and thirty-six, three members shall be elected, who shall im-
mediately after their qualification, cast lots to ascertain which one shall
serve for a term of two years from September first, nineteen hundred
and thirty-six and thereafter until his successor shall have been elected
and qualified; and the remaining two members shall serve for a term
of four years from September the first, nineteen hundred and thirty-
six, and thereafter until their successors shall have been elected and
qualified. And at the June election nineteen hundred and thirty-eight
and every four years thereafter, one councilman shall be elected who
shall serve for a term of four years from September first, nineteen
hundred and thirty-eight and thereafter until his successor shall have
been elected and qualified. At the June election nineteen hundred and
forty, and every four years thereafter, two councilmen shall be elected,
who shall serve for a period of four years from September first, nine-
teen hundred and forty and thereafter until their successors shall have
been elected and qualified.

Vacancies in the council shall be filled within thirty days, for the
unexpired term, by a majority vote of the remaining members.

Section 5. Qualification of members.—Any person qualified to
vote in the town shall be eligible to the office of councilman. No can-
didate for the office of councilman shall promise any money, office,
employment, or other thing of value, to secure a nomination or elec-
tion, or expend in connection with his candidacy any money except as
permitted by the general laws of the State; and any such candidate
violating this provision shall be guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine not exceeding five hundred
dollars, or imprisonment for a term not exceeding six months, or both,
in the discretion of the court or jury, and shall forfeit his office, if
elected; in which event, the person receiving the next highest number
of votes, who has not violated the said provision, shall be entitled to
said office.

Section 6. Limitations on powers and disqualifications—(a) Any
member of the council who shall have been convicted of a felony while
in office shall thereby forfeit his office.

(b) No member of the council or other officer shall be interested
directly or indirectly in the profits of any contract or work, or to be
financially interested directly or indirectly in the sale to the town of
any land, materials, supplies, or services (other than official services).
Any member of the council or any other officer of the town, offending
against the provisions of this section, shall, upon conviction thereof,
be fined not more than five hundred dollars or be imprisoned not more
than ninety days, or both, in the discretion of the court, and shall for-
feit his office. The prohibitions of this section shall not apply if the
council shall declare by unanimous vote of the members thereof that
the best interest of the town are to be served despite a personal inter-
est direct or indirect.

(c) Except for the purpose of inquiry, the council and its mem-
bers shall deal with the administrative service solely through the town
manager, and neither the council nor any member thereof, shall give
orders to any of the subordinates of the town manager, either publicly
or privately. Any such orders or other interferences on the part of
the council or any of its members with subordinates or appointees of
the town manager, instead of dealing or communicating direct with
the town manager, is prohibited.

Section 7. Organization rules of the council—At seven thirty
o’clock, p. m. on the first day of September following a regular munici-
pal election, or if such day be a Sunday, then on the day following, the
council shall meet at the usual place for holding the meetings of the
legislative board of the town, at which time the newly elected council-
men, after first having taken the oaths prescribed by law, shall assume
the duties of their office. Thereafter the council shall meet at such
times as may be prescribed by ordinance or resolution, except that they
shall regularly meet not less than once each month. The mayor, any
member of the council, or the town manager may call special meet-
ings of the council, at any time (at least twelve hours), written notice,
with the purpose of said meeting stated therein, to each member served
personally or left at his usual place of business or residence, or such
meeting may be held at any time without notice, provided all members
of the council attend. No business other than that mentioned in the
call shall be considered at such meeting.

(b) All meetings of the council shall be public and any citizen
may have access to the minutes and records thereof at all reasonable
times,

(c) The council shall elect one of its members as chairman, who
shall be ex-officio mayor; also a town manager, a town clerk, a town
attorney, a town treasurer, and a town commissioner of the revenue.
The council shall also appoint the members of such boards and com-
missions as are hereinafter provided for. The council may appoint
all such other boards and commissions as may be deemed proper, and
prescribe the powers and duties thereof, under the supervision of the
director of the department pertaining thereto. The council may de-
termine its own rules of procedure, may punish its own members for
misconduct and may compel attendance of members. It shall keep a
journal of its proceedings. A majority of all members of the council
shall constitute a quorum to do business, but a smaller number may
adjourn from time to time, and compel the attendance of absentees.
All elections by the council shall be viva voce and the vote recorded in
the journal of the council. The council may at any time, for good
cause or reason, abolish any municipal office, whether the term of of-
fice of the incumbent has expired or not.
Section 8. Powers of mayor.—The mayor shall be elected for a
term of two years and shall preside at meetings of the council and per-
form such other duties consistent with his office as may be imposed
by the council and he shall have a vote and voice in the proceedings
but no veto. He shall be the official head of the town, and he shall be
clothed with all the powers and authority in civil and criminal mat-
ters as may be prescribed by the laws of the State. In times of public
danger, or emergency, he, or during his absence, or disability, then
the town manager, may take command of the police and maintain
order and enforce the laws, and for this purpose, may deputize such
assistant policeman as may be necessary. During his absence or dis-
ability, except as above provided, his duties shall be performed by
another member appointed by the council. He shall authenticate by
his signature such instruments as the council, this charter, or the laws
of the State shall require.

Section 9. Salaries and Compensation.—From and after the pas-
sage of this act, the salaries of the councilmen and the chairman, who
is ex-officio mayor, shall be such as may be fixed by the council; pro-
vided, however, that the salary of no councilman shall exceed twenty-
five dollars per month, and that the salary of the chairman of the
council, who is ex-officio mayor, shall not exceed the sum of fifty dol-
lars per month, in addition to his salary as councilman.

All charges, costs and fees taxable and collectible by the chairman,
who is ex-officio mayor, in the trial of all cases, civil and criminal,
when taxed and collected, shall be paid into the treasury of the town,
and the mayor shall have no personal financial interest therein. The
salaries and compensation of all other officers and employees of this
town shall be such as may from time to time be fixed and prescribed
by the council.

Section 10. Appointments or elections——On the first day of Sep-
tember following the regular municipal election and organization of
the council, or as soon thereafter as may be practicable, the council
shall elect a town manager, a town clerk, a town treasurer and a
town attorney, and such other officers as may come within their juris-
diction, each of whom shall serve at the pleasure of the council; pro-
vided, that the council may elect the town clerk, town treasurer and
town attorney for terms of one year each, beginning September first,
subject to removal by the council for cause, and in no event shall the
council elect any officer for a term extending beyond the thirty-first
day of August next succeeding each regular quadrennial municipal elec-
tion for members of the council.

Ordinances.

Section 11. Legislative procedure——Except in dealing with par-
liamentary procedure the council shall act only by ordinance or resolu-
tion, and with the exception of ordinances making appropriations, or
authorizing the contracting of indebtedness, shall be confined to one
subject.

Section 12. Enactments.—(a) Each proposed ordinance, or res-
olution, shall be introduced in a written or printed form, and the en-
acting clause of all ordinances passed by the council shall substantially
be, “Be it ordained by the council of the town of Vinton, Virginia.”

(b) No ordinance, or resolution having the effect of an ordinance,
or resolution suspending an ordinance, unless it be an emergency
measure, shall be passed until it has been read at two meetings not
less than one week apart, one of which shall be a regular meeting and
the other of which may be either an adjourned or called meeting, pro-
vided the requirement of a second reading by the affirmative vote of
two members of the council may be confined to the reading of the title
only. Any ordinance or resolution read at one such meeting may be
amended and passed as amended at the next such meeting, provided
that the amendment does not materially change the ordinance. No
ordinance shall be amended unless such section or sections as are
intended to be amended shall be re-enacted. The ayes and noes shall
be taken and recorded upon the passage of all ordinances or resolutions
and entered upon the journal of the proceedings of the council. Ex-
cept as otherwise provided in this charter an affirmative vote of a
majority of the members elected to the council shall be necessary to
adopt any ordinance or resolution.

Section 13. Emergency measures.—(a) No ordinance passed by
the council shall take effect until at least thirty days from the date of
its passage except that the council may, by the affirmative vote of two
of its members, pass emergency measures to take effect at the time
indicated therein.

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or pro-
viding for the daily operation of a municipal department. The emer-
gency shall be stated in every such measure. Ordinances appropriat-
ing money may be passed as emergency measures, but no measure sell-
ing or conveying any real estate or making a grant, renewal, extension
of a franchise or other special privilege or regulating the rate to be
charged for its service by any public utility, shall ever be so passed.

Section 14. Record and publication—(a) Every ordinance or
resolution having the effect of an ordinance when passed shall be
recorded by the town clerk in a book kept for that purpose, and shall
be authenticated by the signature of the presiding officer and the town
clerk.

(b) Every ordinance of a general or permanent nature shall be
published in full once within ten days after its final passage by posting
a copy thereof at the front door of the municipal building and at two
other public places in the town or when ordered by the council, by
publication in a newspaper published or circulated in the town for
such time as the council may direct; provided, that the foregoing
requirements as to publication shall not apply to ordinances reordained
in or by a general compilation or codification of ordinances printed by
authority of the council.

(c) A record or entry made by the town clerk or a copy of such
record or entry duly certified by him shall be prima facie evidence of
the terms of the ordinance and its due publication.

All ordinances and resolutions of the council may be read in evi-
dence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from the original record thereof,
from a copy thereof certified by the town clerk, or from any volume
of ordinances printed by authority of the council.

Section 15. Printing —The council shall, from time to time, direct
the publication, with suitable index, of the town ordinances.

Nominations and Elections

Section 16. Municipal elections—-A municipal election shall be
held on the second Tuesday in June of every second year after the year
nineteen hundred and thirty-six, and shall be known as the regular
municipal election for the election of councilmen. All other municipal
elections that may be held shall be known as special municipal elec-
tions.

Nothing in the laws of the State applying to party registration,
enrollment or other party procedure, shall apply to registrations, nom-
inations, and elections held hereunder. Except as herein otherwise
provided, registration, nominations and elections held under this char-
ter shall be in accordance with the general laws of the State.

Section 17. Method of conducting municipal elections—The can-
didates at any regular municipal election for the election of council-
men, equal in number to the places to be filled, who shall receive the
highest number of votes at such election, shall be declared elected.

In any such election each elector shall be entitled to vote for as
many persons as there are vacancies to be filled, and no more; and no
elector shall in such election cast more than one vote for the same
person.

In counting the vote any ballot found to contain a greater number
of names for the office of councilmen than the number of vacancies
in the council to be filled shall be void, but no ballot shall be void for
containing a less number of names than is permitted hereby.

The Town Manager

Section 18. General provisions—The town manager shall be the
administrative and the executive head of the municipal government.
He shall be chosen by the council solely on the basis of his executive
and administrative qualifications. The choice shall not be limited to
inhabitants of the town or State. He shall be appointed for an in-
definite period and shall serve at the will of the council; provided,
however, that he may not be removed without a public hearing or writ-
ten charges prior to his final removal, if he so desire, but during such
hearing the council may suspend him from office. During the absence
or disability of the town manager the council shall designate some
properly qualified person to perform the duties of the office.

Section 19. Powers and duties of the town manager.—The town
manager shall be responsible to the council for the proper administra-
tive of all affairs of the town coming within his jurisdiction under this
charter, the general law or the ordinances or resolutions of the council.
He shall have power and it shall be his duty:
(a) To see that all laws and ordinances are enforced.

(b) Such town officers and employees as the council shall deter-
mine are necessary for the proper administration of the town shall be
appointed, and may be removed by the town manager, except those in
the financial, legal and judicial departments, and the clerical and other
attendants of the council; but the town manager shall report each
appointment and removal to the council at the next meeting thereof
following any such appointment or removal; to see that all terms and
conditions imposed in favor of the town or its inhabitants in any
public utility franchise or any contract are faithfully kept and per-
formed; upon knowledge of any violation thereof to call the atten-
tion of the same to the council, whose duty it shall be forthwith to
direct such steps as are necessary to protect and enforce the same.

(c) To exercise supervision and control over all departments and
divisions created therein, or that may be hereinafter created by the
council and have general supervision over all public improvements,
works and undertakings, except as otherwise provided in this charter.

(d) To attend all meetings of the town council with the right to
take part in the discussion but having no vote.

(e) To recommend to the council for adoption such measures as
he may deem necessary or expedient.

(f{) To prepare the annual budget and keep the town council fully
advised as to financial conditions and needs of the town.

(g) To make all such contracts in behalf of the town as may be
authorized by this charter, or in accordance with the provisions of the
appropriation made by the council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council.

(h) Unless and until provided by the council, he shall act as town
purchasing agent.

(i) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the town
council,

Administrative Departments

Section 20. Creation of departments.—The council may by ordi-
nance create administrative departments, and when such departments
are created may define the functions which such departments are to
administer, may provide for the appointment of heads for such depart-
ments and define their duties and responsibilities.

Section 21. Enumeration of departments.—The following admin-
istrative departments are hereby created:

(a) Department of law.

(b) Department of finance.

(c) Department of public works and utilities.

(d) Department of public safety.

(e) Department of public welfare.

Section 22. Directors of departments——(a) At the head of each
department there shall be a director; provided, that unless and until
the council shall otherwise provide by ordinance the town manager
shall be director of all departments except the department of law.
Unless and until otherwise provided by ordinance the town attorney
shall be director of the department of law.

(b) The council shall by ordinance determine and prescribe the
functions of each department and may create new departments, com-
bine existing departments and establish new departments for special
work, when, in its opinion, the proper administration of the town
requires it.

(c) Except the directors of the departments of law and finance,
who shall be appointed by and be immediately responsible to the
council, the director of each department shall be appointed by and be
immediately responsible to the town manager for the administration
of his department, and each director shall be chosen on the basis of his
general executive and administrative experience and ability, and his
education, training and experience in the class of work which he is
to administer.

Section 23. The town clerk.—The town clerk shall be elected in
the manner and for the term provided by this charter. He shall be
the clerk of the council, shall attend all meetings thereof, and shall
keep a permanent record of its proceedings. He shall keep all papers,
documents and records pertaining to the town of Vinton, Virginia,
the custody of which is not otherwise provided for.

(b) He shall be custodian of the town seal, and shall affix it to
all documents and instruments requiring the seal, and shall attest the
same. He shall give to the proper department or officials ample
notice of the expiration or termination of any franchise, contracts or
agreements.

(c) He shall, upon final passage, transmit to the proper depart-
ments or officials copies of all ordinances or resolutions of the council
relating in any way to such departments or to the duties of such
officials. He shall perform such other duties as are required by this
charter or by the council by ordinances or resolution.

Section 24. The town treasurer.—(a) The town treasurer shall
be the disbursing agent of the town and have the custody of all moneys,
the town clerk’s bond and all evidences of value belonging to the town
or held in trust by the town.

(b) He shall receive all monies belonging to and received by the
town and keep a correct account of all receipts from all sources and
expenditures of all departments. He shall collect all taxes, and assess-
ments, light bills, water rents, and other charges belonging to and
payable to the town, and for that purpose he is hereby vested with
any and all powers which are now or may hereafter be vested in
county and city treasurers for the collection of county, city and State
taxes under the general law.

(c) He shall pay no money out of the treasury except in the manner
prescribed in this charter.

(d) He shall keep and deposit all monies or funds in such manner
and only in such places as may be determined by ordinance or by the
provisions of any law applicable thereto.
(e) He shall be subject to the supervision of the director of
finance and shall perform such other duties not inconsistent with his
office, have such powers and be liable to such penalties as are now or
may hereafter be prescribed by law or ordinance.

(f) He shall make all such reports and perform such other duties
not inconsistent with his office as may be required by the director of
finance or by ordinance or by resolution of the council.

(zg) The said treasurer shall not be entitled to any commission
whatsoever for handling the funds of the town, but he shall be paid
for his services as such treasurer such salary as may be provided by
the said council.

(h) He shall as soon as the commissioner of the revenue com-
pletes the land and personal property books take the said books and
carefully audit the same, and compare them with the books of the
previous year. The land book shall be compared with the assessor’s
book lodged in the clerk’s office of Roanoke county, and the personal
property book shall be compared with the books of the previous year,
and the said treasurer shall procure a copy of the pollbooks used in
the election next preceding the assessment from which said books
were made, and he shall ascertain which of the citizens and voters, if
any, have not been assessed by the commissioner of the revenue, and
the list of those not assessed shall be laid before the town council at
its next meeting. The said treasurer shall examine said books and see
that the amount of tax is correctly extended in accordance with the
rate of taxation at that time in force, and the columns of said book
shall be carefully audited and the errors therein, if any, shall be
corrected. The commissioner of the revenue is required to be present
and render the treasurer such assistance as he may desire, and in case
of a disagreement between the commissioner and the treasurer, the
director of finance shall, upon being notified, at once determine the
question in dispute; when said books are corrected and audited the
total thereof shall be charged to the town treasurer on his account.
The treasurer shall take the delinquent lists and lay the same before
the director of finance, and it shall be the duty of said director of
finance to carefully examine said delinquent report of both real and
personal tax. If said treasurer has returned any tax, either real or
personal, delinquent that should not under the provisions of the ordi-
nances of the town have been returned delinquent, the said director
of finance shall refuse to allow him credit therefor and shall strike
from the delinquent report any and all such taxes; after said report
has been corrected as herein provided, the treasurer will be credited
with the amount of the same.

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

(j) Unless and until otherwise provided by ordinances the duties
of the officers of town clerk and town treasurer shall be performed
by one official.

Section 24. The town attorney.—(a) Together with the mayor,
the town attorney shall have the management, charge and entire control
of all the law business of the town and shall be the legal adviser of
and the attorney and counsel for, the municipality and all its officers
in matters relating to their official duty; he shall give written opinions
to any officer or department or official commission of the town, when
requested so to do, and shall file a copy of the same with the town
clerk.

(b) He shall conduct for the town all cases in court whenever the
town is a party thereto, and upon request of the mayor or town
manager he shall appear before the mayor to represent the town for
violation of town ordinances.

(c) He shall prepare or officially pass upon all contracts, bonds
and instruments in writing in which the town is concerned, and shall
certify before execution as to the legality and correctness thereof.

(d) He shall perform such other duties as may be prescribed by
this charter or by the council.

Section 25. The commissioner of revenue—The commissioner of
revenue shall, subject to the supervision of the director of finance,
perform such duties as may be required by the laws of the State and
the ordinances of the town, in relation to the assessment of property
and license taxes.

(b) He shall have power to administer oaths in the performance
of his official duties.

(c) He shall perform such other duties not inconsistent with his
office as may be prescribed for him in this charter, by the director
of finance or by the council.

Section 26. The purchasing agent—(a) The town council shall
designate some officer of the town other than the treasurer as its
purchasing agent, by whom all purchases of supplies for the town
shall be made, and who shall approve all vouchers for the payment
of same. He shall also conduct all sales of personal property that
may be, by the proper official or officials declared of no further use
to the town.

(b) All purchases and sales shall conform to such regulations as
the council may from time to time prescribe, but in either case oppor-
tunity for competition shall be given if the amount involved is in
excess of two hundred dollars, except in case of emergency.

(c) Unless and until the council shall otherwise provide, the town
manager shall act as such purchasing agent.

Financial Provisions

Section 27. Director of finance——The director of finance shall
have direct supervision over the department of finance and adminis-
tration of the financial affairs of the town, including the keeping of
accounts and financial records, the collection of taxes, special assess-
ments and other revenues, the custody and disbursements of town
funds and monies, and shall perform such other duties as the council
may by ordinance provide.

Section 28. The annual budget.—Not later than sixty days before
the end of each fiscal year, the town manager shall prepare and submit
to the council an annual budget for the ensuing fiscal year, based
upon detailed estimates furnished by the several departments and
other divisions of the town government, according to a classification
as nearly as possible uniform.

Section 29. Public improvement contracts, etc—Any public work
or improvement, costing more than one thousand ($1,000.00) dollars,
shall be executed by contract, except where a specific work of improve-
ment is, by the council, authorized and directed to be done by force
account, such work to be based on detailed estimates submitted by the
department authorized to execute such work or improvement, and ap-
proved by the town manager. All contracts for more than one thou-
sand 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 town manager shall have made due advertisement for such
time as the council may prescribe, by newspapers or posted notices.
But the town manager shall have the power to reject all of the bids
and advertise again; and all advertisements shall contain a reservation
of this right.

In an emergency requiring immediate action the town manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

Section 30. Sinking fund provision.—(a) There shall be set apart
annually from the revenues of the town a sinking fund equal to one
per centum on the aggregate outstanding debt of the town, which by
its terms is not payable within one year, and the council may, in its
discretion, annually or from time to time, set aside such additional
sinking fund as may be deemed proper.

(b) When the taxes on real and personal property are collected
each year the town treasurer shall take therefrom and deposit 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 said town, in the county of Roanoke, and secure
the same by first mortgage liens thereon, provided such funds shall
not be loaned at a greater rate than fifty per centum of the fair market
value of such real estate.

(c) All such sinking funds shall be used exclusively in the pay-
ment or purchase and redemption of the outstanding bonds of the
town, and when such sinking funds are not required or may not within
a reasonable time be required for the payment of any bonds 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 govern-
ment bonds or loaned upon otherwise unincumbered real estate, within
the State, upon a basis not exceeding fifty per centum of the fair cash
value of such real estate or invested in other securities approved by
the general laws of the State for the investment of such funds, or
deposited in bank on a reasonable rate of interest. Such sinking funds
may be used in the payment or purchase and a redemption of serial
bonds, as well as term bonds.
(d) The council of the town of Vinton shall constitute a sinking
fund commission for the town, or it may appoint a sinking fund com-
mission composed of three freeholders who are residents of the town,
and delegate to such appointed sinking fund commission, its powers
and duties relating to said sinking fund by ordinances, in which
ordinance the bond of such sinking fund commission shall be fixed.

Section 31. Bond issues——(a) The council may in the name of
and for the use of the town contract debts and make and issue, or
cause to be made and issued as evidence thereof, bonds, notes or other
obligations, upon the credit of the town or solely upon the credit of
specific property owned by the town, or solely upon the credit of in-
come derived from property used in connection with any public utility
owned and operated by the town. But except as provided in subsection
(b) of this section no debt shall hereafter be contracted for a longer
period than that of the probable life of the work or object for which
the debt is to be contracted, to be determined by the director of public
works and by him certified to the council. The probable life of no
public improvement shall be considered over thirty years, except that
the possible life of public buildings other than schoolhouses may be
forty years; concrete bridges, forty years; and parks or other real
estate, fifty years.

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

(c) In lieu, however, of creating a sinking fund, or sinking funds,
as in section thirty herein provided, the town may issue bonds, here-
after called “serial bonds,’ payable in annual installments, the first
of which shall be payable at any time the council may prescribe in the
ordinance authorizing the issue of such bonds; and the last of which
shall be payable within the period of the probable life of the work or
object for which the debt evidenced by said bonds was created, ascer-
tained and certified as hereinabove provided.

(d) Pending the issuance and sale of any bonds, notes, or other
obligations by this section authorized, or in anticipation of the receipt
of taxes and revenues 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 said bonds, notes or other obligations, or from
the town taxes and revenues, as the case may be; provided that the
proceeds of sale of bonds shall not be used, except for the purposes
set out in this subsection, or for permanent improvements and utilities
or refunding matured issues, unless approved by vote of the people.

(e) Restrictions on loans and credits—The credit of the town
shall not directly or indirectly, under any device or pretense whatso-
ever, be granted to or in aid of any person, association or corporation.
The council shall not issue any bonds, notes or other obligations of
the town, or increase the indebtedness thereof, to an amount greater
than eighteen per centum of the assessed valuation of the real estate
in the town, subject to taxation; provided, however, that in determining
the limitation of. the power of the town to incur indebtedness there
shall not be included the classes of indebtedness mentioned in subsec-
tions (a) and (b) of section one hundred and twenty-seven of the
Constitution of the State.

(f) Bonds based solely upon the credit of specific property owned
by the town, or solely upon the credit of income derived from property
used in connection with any public utility owned or operated by the
town, shall be issued subject to this charter and any law applicable
thereto.

(g) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued, the
aggregate amount of the bonds, the term for which they shall be issued,
and the maximum rate of interest to be paid thereon. Any such ordi-
nance may be amended by ordinance at any time before the bonds to
be affected by such amendment have been sold. All other matters
relating to such bonds may be determined by resolution within the
limitations prescribed by such ordinance or by this charter.

(h) However, if there shall be omitted from this charter anv
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 shall supply said omission.

(1) Any bonds issued by the town under this charter shall be
signed by the mayor and attested by the clerk 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 town manager and sold by the
town treasurer, under supervision of the mayor, town manager and
clerk, and the said sale reported to and approved by the council, and
the proceeds from said sale shall be paid to the town treasurer.

Section 32. Appropriation ordinance and levy.—At not less than
thirty days before the first Monday in the month of April of each
year, the town manager shall submit to the council for its information
a budget for the ensuing fiscal year, and on the first Monday of April
in each year, the council shall lay its levy on all property, real and
personal, subject to taxation for town purposes, and not later than
September tenth following, the council shall pass its annual appropria-
tion ordinance.

Section 33. Fiscal year—Unless and until otherwise provided by
ordinance the fiscal year of the town of Vinton shall begin January
first, and end December thirty-first.

Section 34. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within the
year of any work, improvement or other object for which a specific
appropriation has been made, the unencumbered balance of such ap-
propriation shall revert to the respective fund from which it was
appropriated, and shall be subject to further appropriation; provided,
however, this does not prohibit the council from giving the town
manager permission to authorize such transfer within a department
as may be necessary to meet unexpected obligations. No obligations
shall be incurred by an officer or employee of the town, except in ac-
cordance with the provisions of the appropriations made by the council
or under continuing contracts and loans authorized under the provi-
sions of this charter.

Section 35. Payment of claims——Payment by the town shall be
made only upon vouchers certified to by the head of the appropriate
department or other division of the town government, and by means of
warrants on the town treasurer, issued by the director of finance and
countersigned by the town manager, except that when the town manager
acts as director of finance then such warrants shall be issued by the
town treasurer and countersigned by the town manager. The direc-
tor of finance or the town treasurer, if the town manager is acting as
director of finance shall examine all pay rolls, bills and other claims
and demands against the town and shall issue no warrant for payment
unless he finds that the claim is in proper form, correctly computed
and duly certified; that it is justly and legally due and payable; and
that an appropriation has been made therefor which has not been
exhausted, or that the payment has been otherwise legally authorized ;
and that there is money in the town treasury to make payment. He
may require any claimant to make oath to the validity of a claim.
He may investigate any claim, and for such purpose may examine
witnesses under oath and if he finds it is fraudulent, erroneous or
otherwise invalid, shall not issue a warrant therefor.

Section 36. Certification——No contract, agreement or other obliga-
tion involving the expenditure of money shall be entered into, nor
shall any ordinance, resolution or order for the expenditure of money
be passed by the council or be authorized by an officer of the town
unless the treasurer shall first certify to the council or to the proper
officer, as the case may be, that the money required for such contract,
agreement, obligation or expenditure is in the treasury or safely as-
sured to be forthcoming and available in time to comply with or meet
such contract, agreement, obligation or expenditure; and no contract,
agreement, or other obligation involving the expenditure of money
payable from the proceeds of bonds of the town shall be entered into
until the issuance and sale of such bonds have been duly authorized
in accordance with the provisions of this charter in reference to town
bonds.

Section 37. Contingent fund.—Provision shall be made in the
annual budget and annual appropriation ordinance for a reasonable
contingent fund for use in any of the affairs of the town. Such con-
tingent fund shall be under the joint control of the town manager and
the town council.

Taxation

Section 38. License taxes.—(a) License taxes may be imposed by
ordinance on businesses, trades, professions and 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.
(b) The council may subject any person, who, without having
obtained a license therefor, shall do any act or follow any business,
occupation, vocation, pursuit, or calling in the town for which a
license may be required by ordinance, to such fine or penalty as it is
authorized to impose for any violation of its laws.

(c) For every town license granted by the commissioner of revenue
under this charter he shall charge a fee to be prescribed by an ordinance
not in excess of seventy-five cents, and for transferring a license, the
fee shall be fifty cents; all such fees shall be paid to the commissioner
of revenue by the person obtaining the license or transfer and such
license or transfer may be withheld until the fees are paid, provided
that the council may by ordinance prescribe that such fees be paid into
the town treasury for town purposes, and the commissioner of revenue
be paid a salary in lieu thereof.

Section 39. General taxes——(a) The council may impose « tax
of one dollar per annum upon all residents of the town who have
attained the age of twenty-one years.

(b) The council may impose a tax upon every dog in the town
unless the general law of the State provides for such tax on behalf
of the town.

(c) The council of the town of Vinton is authorized to and shall
annually order a town levy for so much, as in their opinion is neces-
sary to be raised in that way, in addition to what may be received for
licenses and from other sources, to meet the appropriations made and
to be made and all sums required by law to be raised for the 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 pay-
ment of the State capitation tax, and upon any property therein sub-
ject to local taxation only, and on such other subjects as may be at the
time assessed with State taxes against persons residing therein; pro-
vided, however, that said town may levy a tax upon intangible personal
property assessed to residents therein and segregated by law to the
State for the purposes of State taxation, at any rate not exceeding
the maximum rate provided by law.

It is hereby expressly provided that said council shall, in its discre-
tion, be authorized to fix such annual levy on property subject to taxa-
tion in the town of Vinton, 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.

(d) That all taxes, whether general or special, assessed upon any
land or lot in said town, are hereby declared to constitute a lien upon
such land or lot, as to general taxes and levies from the commencement
of the year for which they were assessed, and as to special taxes and
levies from the time assessed, and if the treasurer of said town shall
not be able, with due diligence, to collect the said taxes by the first
day of August of the year after the same were assessed, he shall make
out lists of such as cannot be collected, in the same manner as county
treasurers are required to do in cases of delinquent State taxes, and
present said lists to the said council at its first regular meeting there-
after. The said council shall examine said lists, and if approved, shall
credit the said treasurer with the amount of same, and shall have its
clerk certify a copy of said list to the county clerk of Roanoke county,
to be by him recorded in the current delinquent land book, provided
for the record of delinquent taxes on real estate due the State, and
shall also certify a copy of the said list to the treasurer of Roanoke
county, to be used by said treasurer in accordance with the law
regulating the sale of delinquent lands, and in the said book there shall
also be columns for the entering of the names of purchasers and the
amount and date of sales of the real estate sold by the said county
treasurer for delinquent taxes due the said town. This record shall be
held as notice of the lien thereof, and the said real estate shall be
liable for such tax as against creditors and purchasers, or other persons
into whose hands the said real estate may pass. The said clerk shall
be entitled for each entry of lots in said record book to a fee of ten
cents, and a fee of ten cents for the entry of each name of purchasers,
with date of sales, to be paid by the town of Vinton, and a fee of
twenty-five cents for each redemption entered, to be paid by the person
redeeming the same, and to be charged against and be a lien upon said
land, along with the taxes and levies against same. When the county
treasurer sells the land for non-payment of State taxes due the State,
he shall include in such taxes the amount due the town, and he shall
collect and account for same, except where the State is the purchaser.
If the land is not delinquent for State taxes, he shall, nevertheless, sell
for the town taxes. The sales and report of sales and confirmation of
same shall be in all respects in accordance with the law connected
with and regulating the sales of delinquent lands for the non-payment
of State taxes, and the said council shall charge the said treasurer with
whatever may be due from him on account of said sales, less a com-
mission of ten per centum to the said treasurer. No land or lot, or parts
thereof, shall be sold for less than the amount of taxes, levies, interest,
penalties and costs, and if no bids shall be received at such sale for
said amount and the Commonwealth is not the purchaser, the same
shall be bid in and purchased by the said treasurer for the said town,
in which event the treasurer shall execute to the said town a certificate
of sale, in which the description and local situation of the property,
the name of the person assessed with same, the amount of taxes, levies,
interest, penalties and costs, and the date of sale, shall be specified, and
shall deliver the same to the clerk of the council to be by him pre-
served, and also to the county clerk of Roanoke county, to be by him
recorded in said book. Any one having the right to redeem said land
may redeem same within the time allowed by law, for the redemption
of real estate sold for delinquent taxes due the State, by paying to the
county clerk of Roanoke county the taxes, levies, penalties, interest and
costs due upon said land. At the expiration of the time within which
the said real estate may be redeemed, as provided by law for the
redemption of real estate sold for delinquent taxes due the State,
if same has not been redeemed, a deed shall be executed to the pur-
chaser other than the town of Vinton by the county clerk of Roanoke
county, according to the provisions of the statute law, providing for
the execution of deeds to purchasers of delinquent lands sold for State
taxes. The council for the said town shall, after four months from
the expiration of the time for the redemption of such real estate as it
may have under the terms of this charter prescribed, have recorded in
the deed book of the clerk’s office of the county clerk of Roanoke
county, the certificate of sale made by the county treasurer and here-
inbefore referred to, with the oath of the said county clerk attached
thereto, that the said real estate has not been redeemed; and thereupon
the said town of Vinton shall acquire an absolute title to same; pro-
vided, that four months’ notice of its intention to have such certificate
recorded, shall be given to all persons having the right to redeem the
said real estate; and any one having such right may redeem the same
at any time before the expiration of said four months. The said cer-
tificate, or record thereof, or a certified copy thereof, shall be evidence
of the facts therein stated, in all courts and other places of this Com-
monwealth; provided, however, that the failure to obtain or record
such certificate shall not affect the lien of the town of Vinton for the
taxes assessed against such real estate, but the said town may, at any
time, elect to enforce its lien for taxes in a court of equity, and release
its rights as purchaser or to become a purchaser of said real estate.
The said council shall have the right to impose a penalty of five per
centum upon all taxes and levies not paid by December first of the
year in which the same are assessed.

(e) If the commissioner of revenue ascertains that any person or
any real or personal property, or income, or salary, has not been
assessed for town taxation for any year, or that the same has been
assessed at less than the law requires for any vear, or that the taxes
thereon for any cause have not been realized, it shall be the duty of the
commissioner to list the same, and assess town taxes thereon at the rate
prescribed for that year, adding thereto interest at the rate of six per
centum per annum. Where the same was omitted by no fault of the
person charged with the taxes, no interest shall be charged.

(f{) The provisions of subsections (d) and (e) of section thirty-
nine of this charter, insofar as applicable, shall apply to the assess-
ment and collection, and to the administration of the assessment and
collection, of taxes on personal property and all classes thereof.

(g) All goods and chattels of any person against whom taxes for
the town are assessed, may be distrained and sold for said taxes when
due and unpaid in the same manner and to the same extent that goods
and chattels may be distrained and sold for State taxes.

A tenant by whom payment is made or from whom payment is
obtained, by distress or otherwise, of taxes or levies due the town, by
a person under whom he holds, shall have credit for the same against
such person out of the rents he may owe him, except when the tenant
is bound to pay such taxes and levies by an express contract with such
person. And where taxes or levies are paid to the town by any
fiduciary on any estate in his hands or for which he may be liable,
such taxes and levies shall be refunded out of the said estate.

Section 40. Special assessments.—(a) All local or special assess-
ments shall be made and assessed by the town manager under such
regulations as the council may by ordinance prescribe.

Provisions shall be made by ordinance for the method of levying
and apportioning such special assessments, for the publication and for
giving to such owners an opportunity to be heard before final action
on the assessment.

Any person affected by such special or local assessment may appeal
from the decision of the council as to any such assessment against him
to the circuit court of Roanoke county.

(b) The council may by ordinance provide the method of making
sale of any lands, lots or premises for non-payment of the amount of
any local or special assessments thereon, or for the non-payment of
any expense incurred by the town in abating any nuisance thereon, or
cutting or removing weeds therefrom as provided in section two (sub-
section twenty) hereof.

(c) That the said town and the taxable persons and property
therein shall be exempt and free from any poor rates and road taxes,
and from contributing to any county expense except as hereinafter
provided, and the said town shall, at its own expense, provide for its
own poor and keep its own streets in order.

Section 41. Audits of accounts—-Upon the death, resignation,
removal or expiration of the term of any officer of the town, the town
manager shall order an audit and investigation to be made of the ac-
counts of such officer and report to the council.

As soon as practicable after the close of each fiscal year an annual
audit shall be made of all accounts of all town officers. Such audit
shall be made by qualified public accountants, selected by the council,
who have no personal interest, direct or indirect, in the financial affairs
of the town or any of its officers or employees. The council may at any
time provide for an examination or audit of the accounts of any
officer or department of the town government.

Public Property and Franchise.

Section 42. Transfer of franchise—-No public utility franchise
shall be transferable except with the approval of the council expressed
by ordinance, and copies of all authorized transfers and mortgages or
other documents affecting the title or use of any such public utility
shall be filed with the town clerk within ten days after the execution
and delivery thereof.

(b) Rights reserved to the town.—All grants, renewals, extensions
or amendments of public utility franchises, whether so provided in
the ordinance or not, shall be subject to the right of the town.

(1) To repeal the same by ordinance at any time for mis-use or
non-use or for failure to begin construction within the time prescribed,
or otherwise to comply with the terms prescribed.

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

(3) Extensions.—All extensions of public utilities within the town
limits shall become a part of the aggregate property of such public
utility, shall be operated as such and shall be subject to all the obliga-
tions and reserved rights contained in this charter and in any original
grant hereafter made. The right to use and maintain such extension
shall terminate with the original grant.

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

General Provisions

Section 44. Vacancies.—Vacancies in any offices provided for in
this charter shall be filled by the authority and in the manner provided
herein for the original appointment or election of such officers.

Vacancies in the council shall be filled by the remaining members
of the council, except as otherwise provided by general law.

Section 45. Salaries and compensation.—The salaries of the coun-
cilmen and mayor as now constituted shall be and remain the same as
now fixed, until the expiration of their respective terms. Thereafter
the salaries of such councilmen and chairman, who is ex-officio mayor,
such as may be fixed and prescribed by the council as then constituted ;
and the salaries of such councilmen and chairman, who is ex-officio
mayor, shall not be increased or diminished during the terms of their
respective terms of office; provided, however, the salary of no council-
man shall exceed the sum of twenty-five dollars per month, and the
salary of the chairman, who is ex-officio mayor, shall not exceed the
sum of twenty-five dollars per month in addition thereto. The salaries
and compensation of all other officers and employees of the town shall
be such as may from time to time be fixed and prescribed by the
council.

Section 46. Oath of office and qualification—-Except as otherwise
provided by general law or by this charter, all officers elected or
appointed under the provisions of this charter shall take the oath of
office and execute such bond as may be required by general law, by
this charter, or by ordinance or resolution of the council, and file the
same with the town clerk, before entering upon the discharge of their
duties, and if the requirements of this section have not been com-
plied with by any officer within thirty days after the term of office
shall have begun or after his appointment to fill a vacancy, then such
office shall be considered vacant.

Section 47. Officers to administer oaths—-The commissioner of
the revenue, town clerk, town treasurer, and town manager shall have
power to administer oaths and to take and sign affidavits in the dis-
charge of their respective official duties.

Section 48. Bond.—All officers elected or appointed under the
provisions of this charter, shall, unless otherwise provided by general
law or by this charter, execute such bonds, with such approved cor-
porate security, as may be required by general law, by this charter, or
by ordinance or resolution of the council, and file the same with the
town clerk before entering upon the discharge of their duties. The
town shall pay the premiums on such bonds.

Section 49. Investigations——The council, the town manager and
any officer, board or commission authorized by them, or either of
them, shall have power to make investigation as to town affairs, and
for that purpose to subpoena witnesses, administer oaths, and compel
the production of books and papers.

Any person refusing or failing to attend, or to testify or to produce
such books and papers, may by summons issued by such board or
officer be summoned before the mayor of said town by the board or
official making such investigation, and upon failure to give satisfactory
explanation of such failure or refusal, may be fined by the mayor not
exceeding one hundred dollars or imprisoned not exceeding thirty days,
and such person shall have the right to appeal to the circuit court of
Roanoke county. Any person who shall give false testimony under
oath at any such investigation shall be liable to prosecution for perjury.

Section 50. Revocable permits——Every permit given or authorized
by the council or town manager to violate the ordinances of the town
establishing fire limits and providing for the character of materials
which may be used in the construction of buildings within such fire
limits, and every permit authorizing the violation of the ordinances
of the town relating to obstructions in, over and under, or encroach-
ments on the streets, alleys, parks and other public grounds and prop-
erty of the town, and every permit authorizing the violation of any
ordinance of the town, shall be deemed to be a license and not a
franchise or grant, and shall be revocable at the will of the council.

Section 51. Actions against the town for damages.—No action
shall be maintained against the said town for damages for an injury to
any person or property alleged to have been sustained by reason of
the negligence of the town, or of any officer, agent or employee thereof,
unless a written statement of the nature of the claim and of the time
and place at which the injury is alleged to have occurred or been
received, shall have been filed with the town attorney of said town
within ninety days from date of alleged accident.

Section 52. Books and papers delivered to successor or town
clerk.—Any person holding a municipal office and vacating the same
on account of removal or otherwise shall deliver over to his successor
in office, or to the town clerk, all property and books and papers belong-
ing to the town, or appertaining to such office which may be in his
possession or under his control, and in case of his failure to do so within
ten days after he shall have vacated the office, or within such time
thereafter as the council shall elect, and upon due notification or request
of the town clerk, he shall forfeit and pay to said town a sum not in
excess of five hundred dollars, to be sued for and recovered with costs,
and all books, records and documents used in such office by virtue of
any provisions of this act or of any ordinance or resolution of the
council, or by order of any superior officer of said town, shall be deemed
the property of said town as appertaining to said office, and the
incumbent of such office and his sureties on his bond shall be responsible
therefor.

Section 53. All elections shall be held at such place or places
within said town as the council by ordinance may prescribe.

Section 54. Working prisoners.—Subject to the general laws of
the State regulating the working of those convicted of offenses against
the State, the council shall have the power to provide by ordinance for
the employment or the working, either within or without the town
limits, or within or without any town prison or jail, of all persons
sentenced to confinement in said prison or jail for the violation of the
laws of the State of Virginia, or the ordinances of the town of Vinton.

Section 55. Penalty for officers failing to perform duties—lIf any
officer of the town of Vinton, whether he be elected by vote of the
people or by the council, or appointed by the council, or the town
manager, shall fail or refuse to perform any of the duties required
by him by this charter or by ordinance or resolutions of the town
council, he shall be fined not less than five dollars nor more than one
hundred dollars for each offense, and he and his sureties on his official
bond shall be liable for all damages which may accrue to the town or
any other person by reason of such failure or refusal.

Section 56. Child welfare board—(a) The council may provide
by ordinance for the establishment and organization of a child welfare
board, within the department of public welfare, and the same shall be
subject to the supervision of the directors thereof, through which to
make money allowances to aid in maintaining and educating the poor
and destitute children in the town and through which to administer
such other charitable purposes as the council may deem proper.

(b) Such child welfare board shall consist of six members, at least
two of whom shall be women, to be appointed by the council for a term
of six years, except that the terms of those first appointed shall be
for one, two, three, four, five and six years, respectively, and who
shall serve without compensation.

(c) The council shall prescribe by ordinance the powers and duties
of the child welfare board, and provide the manner in which, for
whom and to whom, and under what terms and conditions such al-
lowances shall be paid.

(d) All appropriations for the work entrusted to the child welfare
board shall be made by the council as other appropriations are made,
and the child welfare board shall not make any allowances in excess
of the appropriations so made.

(e) The child welfare board shall perform all such duties as the
council may prescribe, both in regard to child welfare and other
charitable purposes.

Section 57. Police agents.—Any person, firm, association, or owner
or owners, or the president of any corporation owning any industrial
plant or commercial house or houses, or education or eleemosynary
institutions in the town may, with approbation of the town manager
or mayor, appoint one or more police agents, who shall have authority
in all cases in which the rights of such person, firm, association, or
owner or owners, or the president of such owning corporations are
involved, to exercise within the town and State all powers which can
be lawfully exercised by any constable or police officer for the preserva-
tion of the peace, the arrest of offenders, and disorderly persons, and
for the enforcement of laws against crimes, and such person, firm,
association, or owner or owners, or the president of such owning cor-
poration may remove any such agent at pleasure, and the town man-
ager or mayor, or the successor of either, giving such consent may
at any time revoke it. Such police agents shall qualify before the
officer approving their appointment and a record shall be kept of their
appointment and qualification; but the town shall not on account of
said approval or consent of the mayor or town manager to said ap-
pointment, be liable to any person for the negligence or acts of omission
or commission of said police agents.

Section 58. Town plan—The town council may cause to be
prepared and adopted a comprehensive town plan providing for the
future improvement and growth of the town within and without the
town limits, and including the altering and extension of streets, and
opening of new subdivisions, the changing and improving the channels
of the creeks running into and through the town, the location and
opening of the most practical and direct highways from the town into
the adjoining country, the improvement of entrances and terminals to
and from the town, including those of public service corporations look-
ing to the future harmonious development of a town plan, the planning
for playgrounds, parks and boulevard system, the location of public
buildings, including school buildings and other public works, and public
utilities, and all such other things as will tend to make the town of
Vinton a more convenient, attractive and modern town.

The council may, in its discretion, appoint an advisory town plan-
ning commission, and define its powers and prescribe its duties by
ordinance.

Section 59. Laying out streets, rights therein, and subdividing
lands and recording plats thereof—(a) Whenever any street, alley
or lane shall have been opened to and used as such by the public for
the period of five years, the same shall thereby become a street, alley
or lane for all purposes, provided that the town council shall by ordi-
nance, so declare, and after such declaration the town shall have the
same authority and jurisdiction over and right and interests therein
as it has by law over the streets, alleys and lanes laid out by it.

And any street or alley, park or land reserved for other public
purposes, in the division or subdivision into lots of any portion of the
territory within the corporate limits of the town by a plat or plan of
record shall be deemed and held to be dedicated to the public use, and
the council shall have authority, upon the petition of any person in-
terested 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 alley or street,
park or land reserved for other public purposes, whether the same has
been opened and used by the public or not, shall avail or operate to
abolish said alley or street, park or land reserved for other public
purposes, so as to divest the interest of the public therein, or the
authority of the council over the same. Notwithstanding 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 accepted or declared by the town
council.

(b) The said town shall have the use and control of all streets and
alleys, both below and above ground.

(c) No plat of any subdivision of lots or lands within the town,
or contiguous to its corporate limits, 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 Roanoke
county as provided by said section fifty-two hundred and seventeen
of the Code of Virginia until the same shall have been submitted to
the town manager, and to the council and approved by the council
by ordinance or resolution, a copy of which shall be certified thereon
by the town clerk and mayor, and recorded with such plat.

(d) Before approving such plat, and thereby accepting the dedica-
tion of the streets, alleys, parks and public places thereon, the 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 contiguous thereto and
the adjoining lands, both as to connections and widths, which widths
of such streets and alleys shall be plainly marked 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.

(e) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require
the owner thereof to execute and deliver to the town of Vinton a
release and waiver of any claim or claims for damages which such
owner, his heirs, successors or assigns may have or acquire against
the town of Vinton 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 Vinton from building
and retaining wall or walls along the streets and alleys and property
lines ; and the council may require such release and waiver to be written
and executed on said plat and recorded therewith or by an instrument
of writing to be executed and recorded in said clerk’s office, circuit
court of Roanoke county.

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper grade lines laid thereon, and if
and when the council is satisfied that the proper grade lines are laid
on such profiles, the profiles shall be approved by the council and
recorded by the owner or at his expense in the record of the profiles
of the streets and alleys of the town, and the council may, in its
discretion, require such release and waiver to be made with reference
thereto.

(f) Before approving any such plat of any subdivision of lots or
lands, the town council may, at its discretion, require the owner of
such lots or lands to grade the streets and alleys therein, according to
grade lines approved and established by the council.

(g) Before approving any such plat of any such subdivision of lots
or lands within the town, the council may, in its discretion, require
the owner thereof to lay out and establish proper building lines there-
on, and to show on such plat that all conveyances of lots shown on such
plat are to be made with reference thereto for the benefit of the
respective lot-owners and the town of Vinton.

(h) Before approving any such plat of any such subdivision of
lots or lands the town council may, in its discretion, require the owner
thereof to designate and establish segregation districts thereon as is
provided by section thirty hundred and forty-three, thirty hundred and
forty-four, thirty hundred and forty-five, thirty hundred and forty-six,
thirty hundred and forty-seven, thirty hundred and forty-eight, thirty
hundred and forty-nine, thirty hundred and fifty, thirty hundred and
fifty-one, thirty hundred and fifty-two and thirty hundred and fifty-
three of the Code of Virginia.

Section 60. Powers of policemen.—For the purpose of enabling
the town to execute its duties and powers each member of the police
force and each policeman is hereby made and constituted a conservator
of the peace and endowed with all the power of a constable in criminal
cases and all other powers which under the laws of the town may be
necessary to enable him to discharge the duties of his office.

Section 61. Use of county jail by town.—The council shall have
power to enforce the collection of all fines not exceeding five hundred
dollars, and imprisonment not exceeding twelve months, for the viola-
tion of any of the ordinances of the said town, and may commit to the
jail of the county of Roanoke for safe keeping and confinement all
prisoners who shall be sentenced to imprisonment under the ordinances
of the said town; and until such fines and costs shall have been paid,
and compel such person or persons so committed to the said jail for
violation of such ordinances, to work on the streets and public works,
or buildings of said town for a term not exceeding twelve months,
and shall have exclusive jurisdiction in all cases arising under the
ordinances of said town, and to issue any and all proper process
whether mesne or final, which may be necessary to enforce its authority.

Section 62. General power.—Said council shall have power to pass
all ordinances, regulations, or orders not contrary to the Constitution
and laws of the United States, or of this State, which the said council
may deem necessary and proper for the welfare of said town or any
of its citizens, and such other powers as are now or may hereafter be
vested in it by the laws of this State, and to amend or repeal the same
at its pleasure, and to enforce the observance of such ordinances,
orders, and regulations under penalties not exceeding five hundred
dollars, or imprisonment not exceeding twelve months, or both, fines to
be recovered, with costs, in the name of said town before the mayor,
or any councilman of said town, in the absence of the mayor, and
applied in aid of the taxes imposed upon said town.

Section 63. Ordinances to continue in force—All ordinances now
in force in the town of Vinton, not inconsistent with this charter, shall
be and remain in force until altered, amended or repealed by the coun-
cil of said town.

Section 64. Council to settle controversies——In the event the town
manager, or other officers elected by the council, in the administration
of their respective duties, shall disagree or have any controversy with
any of the officers of the town elected by the voters, such matter in
dispute or controversy shall be referred to the council for review and
decision.

Section 65. Partial invalidity—If any clause, sentence, paragraph,
or part of this act, shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of said act, but shall be confined
in its operations to the clause, sentence, paragraph, or part thereof
directly involved in the controversy in which said judgment shall have
been rendered.

Section 66. Citation of Act—This act may for all purposes be
referred to or cited as the Vinton charter of nineteen hundred and
thirty-six.

Section 67. General laws to apply—The enumeration of particular
powers and authority in this charter shall not be deemed or held to be
exclusive but in addition to the powers enumerated herein, implied
thereby, or appropriate to the exercise thereof, the said town shall have
and may exercise all other powers which are now or may hereafter be
possessed or enjoyed by towns under the Constitution and general
laws of this State.

Section 68. Repeal clause——All acts and parts of acts in conflict
with this charter are hereby repealed in so far as they affect the provi-
sions of this charter, and former charters and amendments thereto for
the town of Vinton are hereby repealed.

Section 69. When charter takes effect—In order that this act may
be given effect as soon as practicable, an emergency is declared to
exist, and this act shall be in force from its passage.