Chap. 175.-——An ACT! to provide a néw ‘charter’ for the town of Round Hill; in

“' “the county of Loudoun, ard to’ repeal an aet’ entitled’ “An act to incorporate
the town of Round Hill, in-the county of Loudoun”, ‘approved February 5,

ram 1900, ‘and all acts amendatory thereof. _ -" " [HB 364 |
, ‘Approved March-17, 1938

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

Section 1. The town of Round Hill, in the county of Loudoun,
shall continue to be a town corporate, in the name and style of the
town of Round Hill, in Virginia, and as such shall have and may
exercise the powers and privileges hereinafter set forth, and all powers
and privileges conferred upon it by this charter and which are now,
or may be hereafter delegated to towns in accordance with the Con-
stitution or laws of the Commonwealth of Virginia.

Section 2. The corporate limits or boundaries of the town of
Round Hill shall be the same as heretofore established, to wit:

‘Beginning (1) at a sycamore tree on the graded road from
Snickersville to Leesburg on G. G. Greggs line, thence north twenty-
seven west sixty-six poles to two (2), thence north thirty-one west
eighty-three, sixty poles to three (3), thence south eighty-five west
seventeen, twenty-four poles to four (4), thence south forty-two,
twenty-five west, sixty-four poles to five (5), thence north eighty-
nine, seventy-five west nineteen thirty-six poles to six (6), thence
south, one east sixty-seven twenty-eight poles to seven (7), thence
south eighty-three seventy-five west twenty-seven poles to eight (8),
thence south four, east thirty-two eighty poles to nine (9), thence
south forty-two, twenty-five east, forty-two, fifty-six poles to ten
(10), thence south eighty-eight, fifty east eighty-seven, sixty-seven
poles to eleven (11), thence north thirty-nine seventy-five east, thirty-
five thirty-two poles to twelve (12), thence north fifty west fifteen,
thirty-six poles to thirteen (13), thence north sixty-five, fifty east
thirty-seven, sixteen poles on the north side of said graded road to
the place of beginning. , |

Section 3. The town of Round Hill shall have the following
powers and privileges, to the extent not prohibited by the Constitu-
tion or the general laws of the Commonwealth of Virginia:

(a) To provide for the fiscal year, which shall begin on the first

day of July and end on the thirtieth day of June, unless and until
changed by ordinance. ,
- (b) To raise annually, by taxes and assessments in said town,
such sums of money, in such manner as the council thereof shall deem
necessary or expedient for the use, benefit and purposes of said town,
in accordance with the Constitution of the United States, the Con-
stitution of Virginia or the laws of the Commonwealth of Virginia. -

(c) To fix or set, levy and collect taxes and assessments on
persons and property.

(d) To impose, fix or set, levy and collect a license tax, fee
‘or’ assessmetit ‘for the“ ¢ondtiet,-:maintenance ‘or. operation of: privi-
leges, amusenients, “business, ‘professions, occupations or ‘callings; tc
‘issue -a licerise Or permit’ and’ colléct charges, or feés therefor and tc
prorate license fees or charges for the unexpired ‘portion of ‘the fisca
_. (e): To incur liabilities or debts, make contracts, borrow money
and execute or issue evidences of. indebtedness, and have a commor
seal. seed TIO ial eel Get. %. 2 ar SF

_ (4) ~To.expend the money of the town for all lawful purposes.

(g) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or ary estate therein, within or
without the town, for the tise and benefit thereof; and to hold, im-
prove, sell, lease, mortgage the same or any part thereof, including
any property now owned by the town. oo Oo _
_ (h) To construct, maintain, regulate or operate public improve-
ments of all kinds, including municipal and other buildings, grounds
and structures necessary or appropriate for the use and proper oper-
ation of all the various departments of the town. —

(1) To own, operate and maintain water works and to acquire
in any lawful manner, in any county of the State or from the United
States government such water, lands, property rights and riparian
rights as the council of said town may deem necessary for the purpose
of providing an adequate water supply to said town and of piping or
conducting the same; to lay all necessary mains and service lines
within or without the corporate limits of said town; to erect and main-
tain all necessary dams, pumping stations and other works in connec-
tion therewith; to make reasonable rules and regulations for promoting
the purity of its water supply, and for protecting the same from pol-
lution and for this purpose to exercise full police powers and sanitary
patrol over all lands comprised within the limits of the water shed
tributary to any such water supply, whenever such lands may be lo-
cated in this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations and to prevent by injunction
any -pollution or threatened pollution of such water supply, and any
and all acts likely to impair the purity thereof; and to carry out the
powers herein granted, the said town may exercise within the State
all powers of eminent domain provided by the laws of this State.

(j) ‘To acquire, construct, own, operate or maintain electric light
or gas works; either within or without the corporate limits of said
town, and to supply gas or electricity, whether the same be generated
or purchased by said town, to the customers or consumers, both within
and without the corporate limits of said town, at such price and upon
such terms as may be prescribed and to that end, it may contract to
purchase electricity or gas from the owners thereof upon such terms as
it:may deem necessaty or expedient. © -°- | ee

(k) To establish, impose, and enforce the collection of water,
light, gas and.sewerage rates; and rates and charges ‘for other services,
products, or conveniences operated or furnished by the town; and
the said council may prescribe a different rate to be paid for such
services and conveniences rendered to users or customers without
the corporate limits from the charges made to those within the cor-
porate limits of said town.

(1) To establish, enter, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle or clean public streets, highways,
alleys, parkways or parks or to alter or close the same; to regulate the
weight of loads to be hauled or carried over and upon the streets, to
regulate use of all such highways, parks, streets, alleys, parkways and
public grounds; to prevent the obstruction, destruction or injury to
any of such streets, alleys or highways; to require any railroad com-
pany operating a railroad at the place where any highway or street
is crossed within the town limits to erect and maintain at such crossing
any style of gate deemed proper, and keep a man in charge thereof,
or keep a flagman at such crossing during such hours as the council
may require in accordance with the general law of the State and to
regulate the length of time such crossing may be closed due to any
operation of the railroad; to regulate the operation and speed of all
cars, motorcycles, bicycles or vehicles upon said streets or highways
as well as the speed of all engines, cars, or railroad trains within the
town; to the extent permitted by general law; to permit or prohibit
poles or wires for electric, telephone or telegraph purposes to be erected
or gas lines to be laid in the streets or alleys, and to prescribe and collect
an annual charge for such privileges hereafter granted; to require the
owner or lessee of any electric light, telephone or telegraph pole or
poles or wires now in use or hereafter erected to change the location
or remove the same.

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

(n) To establish, construct, and maintain sanitary sewers, sewer
lines, or cisterns and to require the abutting property owners to con-
nect therewith, and to establish, construct, maintain and operate sewage
disposal plants and to acquire by condemnation or otherwise, within
or without the town, all lands, rights of way and other rights and
easements necessary for the purposes aforesaid, and to assess, charge
and collect. reasonable fees, licenses, taxes, assessments or costs of
service for connecting with and using the same.

(0) To grant franchises for public utilities, subject to the pro-
visions of the Constitution and general laws of the Commonwealth
of Virginia.

(p) To collect and dispose of sewage, offal, ashes, garbages,
carcasses: of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or other plants
for the utilization or destruction of any or all of said materials, to
contract, regulate and collect for the disposal thereof, and to require
or regulate the disposal thereof.

(q) To compel the abatement of nuisances within the town, or
upon property owned by the town beyond its limits at the expense
of the person, persons, corporations or firms causing the same, or
of the owner or occupant of the grounds or premises whereon the
same may be, and to collect said expense by suit or motion, or by
distress and sale; to require all lands, lots or other premises within
the town to be kept clean, sanitary or free from stagnant water, weeds,
filth, or unsightly deposits, or to make them so at the expense of
the owners or occupants thereof, and to collect said expense by suit
or motion or by distress and sale; to regulate or prevent slaughter
houses or other noisome or offensive business within the said town,
the keeping of hogs, or other animals, poultry or other fowl therein,
or the exercise of any dangerous or unwholesome business, trade or
employment thereon; to regulate the transportation of all articles
through the streets of the town; to compel the abatement of smoke
and dust, and prevent unnecessary noise, to regulate the location of
stables and the manner in which they shall be constructed or kept ;
to regulate the location, construction, operation or maintenance of bill
boards; to provide how, when and under what conditions awnings may
project over the streets and sidewalks from buildings, and the manner
in which sidewalks may be used for advertising or display signs or
merchandise; to generally define, prohibit, abate, suppress, and pre-
vent all things detrimental to the health, morals, aesthetics, safety,
convenience, or welfare of the inhabitants of the town.

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

(s) To inspect, test, measure or weigh any commodity or article
offered for use or consumption to persons within the town; and to es-
tablish, regulate, license or inspect weights, meters or scales employed
or used within the town and charge and collect fees therefor.

(t) To prevent or extinguish fires, and to establish, regulate, and
control a fire department or division; to regulate the size, heights,
materials and construction of buildings, fences, walls, retaining walls
or other structures hereafter erected, in such manner as the public
safety or conveniences may require; to remove or require to be re-
moved or reconstructed any building, structure or addition thereto,
which by reason of dilapidation, defect of structure, or other causes,
may have become dangerous to life or property, or which may be
erected contrary to law; to establish or designate from time to time
fre limits, within which limits wooden buildings shall not be con-
structed, removed to, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be can.
structed of stone, natural or- artificial, concrete, brick, iron or other
fireproof material; 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. 2 =
(u) To charge and collect fees for permits to use public facilities
or for..public: service or privileges. Said town shall have the power
and right to charge a different rate for any service rendered or con-
venience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.

-“(v) -To prevent any person having no visible means of support,
paupers or persons who may be dangerous to the peace, health or safety
of the town, from coming to said town from without the same; and also
to. expel therefrom any such person who has been in said town less
than one year. |

(w) To exercise full police powers; establish and maintain a de-
partment or division of police. | ,

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

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

(z) To make and enforce ordinances appertaining to ardent spirits,
provided, however, that no.such ordinances shall be in conflict with any
of the provisions of the Alcoholic Beverage Control Act or of the gen-
eral laws of the Commonwealth with respect to alcoholic beverages.

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

(bb) To prescribe any penalty for the violation of any town ordi-
nance, rule or regulation, or of any provisions of this charter, not
exceeding five hundred dollars, or one year imprisonment in jail ot
both.

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

(dd) To prohibit or punish minors for frequenting, playing 01
loitering in any public poolroom, billiard parlor or tenpin alley, anc
to punish any proprietor or agent thereof for permitting same.

(ff) To pass and enforce all by-laws, rules, regulations and or-
dinances which the town council may deem necessary for the govern
ment of the town, the management of its property, the conduct of it
affairs, the peace, order, comfort, convenience, morals, health and pro
tection of its citizens or their property or do such other things, adop
any ordinance that may be necessary or proper to carry into full effect
all power, authority, capacity or jurisdiction, which is: or shall be
granted to or vested in said town, or in the council or officers thereof,
or which may be incident to a municipal corporation.

(gg) The town may maintain a suit to restrain by injunction the
violation of any ordinance, notwithstanding punishment may be pro-
vided for the violation of such ordinance. :

Section 4. Licenses may be imposed by ordinance and collected
from business, trades, professions or callings, and upon the persons,
firms, associations or corporations engaged therein or offering to do
business within the boundaries of said town, whose principal office is
or 1s not located in said town, except when prohibited by general
law, whether or not a license may be required therefor by the State,
and it may exceed the State license if any be required.

(a) Licenses may also be imposed upon and collected from per-
sons, firms, or corporations selling and delivering at the same time
at other than a definite place of business, goods, wares or merchandise,
to licensed dealers or retailers in said town.

(b) Persons, firms or associations or corporations doing business
or attempting to do business, buying, delivering, exchanging or barter-
ing goods, wares, merchandise or commodities within the said town
without a written order, may be required to secure a license from the
town, except when a license is prohibited by the Constitution or the
general laws of the Commonwealth of Virginia, whether or not a
license may be required therefor by the State and it may exceed the
State license if any be required.

(c) It is the purpose of this section to give the council of this
town the power to assess, issue a license or permit on any or all sub-
jects within its jurisdiction not withheld from taxation by towns in
accordance with the Constitution and general laws of the Common-
wealth of Virginia.

Section 5. For every license issued or transferred under this
charter, there may be prescribed by ordinance a charge or fee not in
excess of seventy-five cents for issuing or fifty cents for transferring
the same, such charges or fees shall be collected and paid into the town
treasury.

Section 6. A lien shall exist on all real-estate within the corporate
limits for taxes, levies or assessments in favor of the town, levied or
assessed thereon from the commencement of the year for which the
same was levied or assessed, and the procedure for collecting said
taxes for selling real estate for town taxes, and for the redemption of
real estate sold for town taxes shall be the same as provided in the
general law of the State. ‘The council of said town shall have the bene-
fit of all other and additional remedies for the collection of town taxes
which are now, or may be hereaiter granted’ or permitted under the
general law. 3 |

Section 7: The government of said town shall be vested in a
council which shall be composed of a mayor and five members, each
and all of whom shall be electors of said town.

Section 8. The officers of said town, in addition to the mayor
and councilmen, shall be a recorder, a treasurer who shall be electors
of the town, and a sergeant, who may or may not be an elector of
the town.

Section 9. The council may, by ordinance, provide for such other
officers, agents and employees as it may deem appropriate, prescribe
their duties and fix their compensation.

Section 10. The recorder, treasurer and sergeant shall be elected
by the council for a term of two years, coincident with that of the
council.

Section 11. The office of recorder and treasurer may be filled by
the same person, who may be a member of the council.

Section 12. The council shall fix the salaries of the mayor, coun-
cilmen, recorder, treasurer, and sergeant, whose salaries shall not be
increased nor decreased during the term of office for which they shall
have been elected.

Section 13. The council may provide for an audit or audits of
the affairs of the town.

Section 14. The council may, by ordinance, adopt such rules as
it may deem proper for the regulation of its proceedings, and the
time ‘of its meetings.

Section 15. The council may fine a member for disorderly behavior
and with the concurrence of two-thirds vote of the council, expel a
member in accordance with the Constitution and general laws of the
Commonwealth of Virginia.

Section 16. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance nor resolution shall
be passed or adopted having for its object the levying of taxes or
contracting a debt except by a concurring vote of two-thirds of the
members of the council. .

Section 17. All meetings of the council shall be public, unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of
the council; any citizen may have access to the minutes and records
of the council at any reasonable time.

Section 18. The council, in its discretion, and by proper ordinance,
may require the sergeant or any other officer of the town, instead of
the treasurer, to collect the taxes and other revenues of the town and
pay the same over to the treasurer.

Section 19. The council, by ordinance, may create the office of
police justice for the town and such police justice may, in so far as it
is not in conflict with the general laws of the State, relating to trial
justices, be granted jurisdiction and powers similar to the jurisdiction
and powers of police justice in cities of this State. The term of
office of such police justice shall not be for a term beyond te of the
council by which he may be appointed.

Section 20. The council, by ordinance, may employ and empower
the trial justice of Loudoun county with the same power and authority
as is by this charter conferred upon the mayor for the trial of criminal
cases.

Section 21. In addition to the taxes, assessments and levies herein-
before provided, the council of the said town may annually levy a capi-
tation tax of one dollar per head on every citizen of the town, not
exempt from such taxation by State or national law, which shall be
collected in the same manner as other taxes.

Section 22. Requisites for voting in town election shall be resi-
dence in the State for one year and in the town of Round Hill for
six months prior to such election.

Section 23. The council, by ordinance, may provide for the em-
ployment of special police.

Section 24. The mayor shall be the chief executive officer of the
town and shall have the jurisdiction and authority of a justice of the
peace and shall have exclusive original jurisdiction for the trial of
offenses arising under the ordinances of said town. He shall preside
at all meetings of the council. In the absence of the mayor, the re-
corder shall act in his place and stead, but if both the mayor and re-
corder shall be absent, the council may by a majority vote, select one
of its members to act as mayor pro tem, The mayor shall perform
such other duties consistent with his office as may be imposed by the
council; he shall have and exercise all powers and authority conferred
by general law on mayors of towns not inconsistent with this charter ;
he shall be the official head of the town. In times of public danger
or emergencies, he may take command of the police and maintain
order and enforce the laws, and for this purpose, may deputize such
assistant policemen as may be necessary. The mayor or person acting
as mayor, shall authenticate by his signature, such documents or in-
struments as the council, this charter, or the laws of the State, shall
require.

Section 25. The mayor, councilmen, recorder, treasurer, and ser-
geant serving at the time of the passage of this act, shall continue in
office until the term for which they were elected or appointed shall
expire. An election for mayor and councilmen shall be held on the
second Tuesday in June, nineteen hundred and thirty-nine, and every
two years thereafter. The mayor and members of the council shall
enter upon their duties the first day of September next succeeding
their election. Before entering upon his duty, each and every person
elected to office shall take the official oath required by law.

Section 26. Before entering upon his duty, each and every person
elected or appointed to office, may be required to execute a bond in
the penalty prescribed by ordinance.

Section 27. The recorder shall be the clerk of the council; shall
attend all meetings thereof. and shall keep a record of its proceedings.
He shall keep all papers, documents. and records pertaining to the
town, the custody of which is not otherwise provided. He shall be
custodian of the town seal and shall affix it to all documents and in-
struments requiring the seal and shall attest the same and shall per-
form such other duties as are required by this charter, general law,
or by the council.

Section 28. The town sergeant shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town; he shall perform such duties as may be required of town
sergeants by the general law or such other duties not inconsistent there-
with or may be required of him by ordinance or resolution of the
council.

Section 29. The treasurer shall receive all money 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 col-
lect all taxes, levies, license taxes, assessments, fees, 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 be hereafter vested in county and State treasurers, for the
collection of county, town and State taxes under the general law.
He shall keep and disburse all moneys or funds in such manner and
in such places as may be determined by ordinance or the provisions
of law applicable thereto. He shall pay no money out of the treasury
except in the manner prescribed by ordinance or general law; he shall
perform such duties as are usually incident to the office of commissioner
of revenue in relation to the assessment of property and the license
taxes and shall have power to administer oaths in the performance
of his official duties; and shall make such reports and perform such
other duties not inconsistent with the office as may be required by
the mayor or by ordinance or resolution of the council. The treas-
urer shall not be entitled to any commission for handling the funds
of the town, but shall be paid such salary as may be provided by the
council, and before entering upon the duties of his office, shall exe-
cute a bond in such amount and with such surety as the council by
ordinance may prescribe.

Section 30. The council may provide that the premium on any
surety bond for any of its officials or employees shall be paid by the
town. ,

Section 31. The council may require the attendance of its officers,
agents or employees at its meetings and may further require reports
to be submitted. ,

Section 32. In all cases of a tie vote at any meeting of the
council or whenever the vote of the mayor is necessary to give validity
to any ordinance, resolution, contract or liability incurred, the mayor
or person presiding, shall cast the deciding vote.

Section 33. Vacancies in the office of mayor, councilmen, treas-
urer, sergeant, or recorder, may be filled for the unexpired term by
the council or by a majority vote of the remaining members thereof.

Section 34. The person acting as mayor pro tem shall be entitled
to vote at any meeting over which he is elected to preside.

Section 35. All fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and
forthwith paid into the town treasury.

Section 36. All the rights, privileges and property of the town
heretofore acquired, now owned or enjoyed, shall continue undiminished
and remain vested in the town; and all laws of the Commonwealth of
Virginia, ordinances, and resolutions of the council now in force and
not inconsistent with this act, shall continue in full force and effect
until repealed by the Commonwealth of Virginia or the council of the
town of Round Hill.

Section 37. The enumeration of particular powers and authority
in this charter shall not be deemed nor held to be exclusive but in
addition to the powers herein enumerated, implied hereby or appro-
priate to the exercise thereof, the said town shall have and may exer-
cise all other powers which are now or may be hereafter conferred
upon or enjoyed by towns under the Constitution and general laws
of this State.

Section 38. Subject to ins provisions of the Constitution and the
general laws of this State, and the terms of this charter to grant fran-
chises, the town of Round Hill shall have the right and power to grant
franchises to public utilities, persons, firms and corporations.

Section 39. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, such judgment, order or decree shall not affect,
impair or invalidate the remainder of said act, but shall be confined
in its operation to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which said judgment, order
or decree shall have been rendered.

2. Be it further enacted by the General Assembly of Virginia,
That an act entitled an act to incorporate the town of Round Hill, in
the county of Loudoun, approved February fifth, nineteen hundred,
and all acts amendatory thereof, be, and the same are hereby repealed.

3. An emergency existing, this act shall be in force from its pas-
sage. , ,