Chap. 184.—-An ACT to provide a new charter for the town of Manassas, and
to repeal an act entitled “An act to incorporate the town of Manassas, in
Prince William county’, in force April 2, 1873, and all acts amendatory
thereof, and all other acts and parts of acts inconsistent with this act,
to the extent of such inconsistency. [fH B 276]

Approved March 18, 1938
1. Be it enacted by the General Assembly of Virginia as follows:

CHAPTER I

Section 1. The town of Manassas, in the county of Prince Wil-
liam, shall be and continue a municipal corporation under the name
and style of the town of Manassas, clothed with all of the rights,
privileges and authority granted it under this charter or by the general
laws of the State of Virginia.

Section 2. The corporate limits of the town of Manassas, Vir-
ginia, as heretofore established by an order of the circuit court of
Prince William county entered December sixteenth, nineteen hundred
and four, are hereby re-established as follows: Beginning at a point,
marked by a monument located in the north boundary of Quarry
road, thence south twenty degrees fifty-eight minutes west, a distance
of twenty hundred and seventeen and six-tenths feet to a monument
located in the south boundary of Clifton road; thence south thirteen
degrees thirty minutes west, a distance of seventeen hundred and
thirty-three and nine-tenths feet to a monument located in the south
boundary of Richmond road; thence with the south boundary of the
said Richmond road south sixty-two degrees fifty minutes west, a dis-
‘ance of nineteen hundred and two and seven-tentns feet to anotner
nonument located in the south boundary of the said Richmond road;
thence north forty degrees eleven minutes west, a distance of forty-
‘wo hundred and twenty-five and three-tenths feet to a monument
located near the south boundary of the right of way of the Southern
railway; thence north zero degrees twenty-eight minutes west a dis-
‘ance of eight hundred and forty-eight and four-tenths feet to a
monument located in the intersection of Center street and Lee avenue;
thence north fifteen degrees fifty-eight minutes east a distance of
twenty-five hundred and forty-three and two-tenths feet to a monu-
ment located on the property of Paul Nelson; thence north twenty-
seven degrees two minutes east a distance of sixteen hundred and
ninety-four and nine-tenths feet to a monument located in the north
boundary of Sudley road; thence, with the north boundary of the
said Sudley road south forty-one degrees fifty-nine minutes east a
distance of twenty-eight hundred feet to another monument located in
the said north boundary of Sudley road; thence south fifty-five degrees
forty-six minutes east a distance of twenty-seven hundred and one
feet, to the point of the beginning.

Section 3. Except as may be otherwise provided in this charter,
all powers of the town and the administration and government of the
said town shall be vested in the council of the town of Manassas and
in such boards and officers as are hereafter mentioned, or may be by
law otherwise provided.

Section 4. The municipal officers of said town shall, beginning
with the first day of September, nineteen hundred and thirty-nine, and
thereafter, consist of a mayor, four councilmen, a town clerk and a
town treasurer (and a town manager so long as the town shall retain
a managerial form of government). The mayor and councilmen shall
be elected by the qualified voters of said town. The town manager,
town clerk and town treasurer shall be appointed by the council as
hereinafter provided.

Section 5. The power and authority of the councilmen shall, in
addition to those mentioned and authorized by this act, be such as are
mentioned and prescribed by law.

Section 6. The present councilmen, inclusive of the present presi-
dent of the council (who is ex officio mayor) shall continue in office
until the expiration of the terms for which they were respectively
elected. On the second Tuesday in June, nineteen hundred and thirty-
nine, there shall be elected by the qualified voters of the town of Manas-
sas, four councilmen, who shall be electors of the said town. The
candidate receiving the highest number of votes at this election and
the candidate receiving the second highest number of votes at this
election for the office of councilman shall hold office for a term of
four years from the first day of September following the date of
their election, and until their duly elected successors shall have quali-
fied. The candidate receiving the third highest number of votes at this
election and the candidate receiving the fourth highest number of
votes at this election for the office of councilman, shall hold office fo:
a term of two years from the first day of September following the
date of their election and until their duly elected successors shall have
qualified. On the second Tuesday in June, nineteen hundred and
forty-one, and every two years thereafter, there shall be elected by the
qualified voters of the town, two councilmen, who shall be electors
of the said town, who shall hold office for terms of four years from
the first day of September following the date of their election and unti’
their duly elected successors shall have qualified.

On the second Tuesday in June, nineteen hundred and thirty-nine.
and every four years thereafter, there shall be elected by the qualifiec
voters of the town of Manassas, a mayor, who shall be one of the
electors of said town, and whose term of office shall begin on the first
day of September following the date of his election and continue fot
four years thereafter, and until his duly elected successor shall have
qualified.

The council may fill any vacancy that may occur in the membership
of the town council for any unexpired term.

Each member of the council may receive a salary to be fixed by
the council, payable at such times and in such manner as the council
may direct.

The mayor may receive a salary to be fixed by the council, payable
in such manner and at such times as the council may direct.

Section 7. All municipal officers of the town, before entering upon
the duties of their respective offices, shall be sworn in accordance with
the laws of the State by any one authorized to administer oaths under
the laws of the State. If any person elected or appointed to any
office in said town shall neglect to take such oath on or before the day
on which he is to enter upon the discharge of the duties of his office,
or shall for twenty days after the beginning of his term of office fail
to give such bond as may be required of him by the council, a vacancy
in said office shall then exist. :

CHAPTER II
THE Mayor AND Vice-Mayor

Section 8. The mayor shall preside at the meetings of the council
and perform such other duties as may be prescribed by this charter
and by general law, and such as may be imposed by the council, con-
sistent with his office.

The mayor shall have no right to vote in the council except that
in every case of a tie vote of the council, the mayor shall be entitled
fo vote. ,

The mayor shall, unless the council by resolution place the trial of
violations of town ordinances in the hands of the trial justice of Prince
William county, be clothed with the authority to try all violations of
any ordinance of the said town.
*. Section 9. The council shall,-as soon as. practicable, choose one
of its members as vice-mayor who shall serve until August thirty-first,
nineteen hundred and thirty-nine; and at its first meeting. after Sep-
tember first, nineteen hundred and thirty-nine, and biennially there-
after following the regular municipal election, the council shall choose
one of its members as vice-mayor. The vice-mayor shall perform
the duties of the mayor during his absence or disability. In the event
of the death, removal or resignation of the mayor the council shall
choose one of the councilmen or some other qualified voter of the town
of Manassas who shall serve as mayor until the next succeeding
municipal election, at which time a successor shall be elected by the
qualified voters of the town of Manassas to fill the office of mayor
for the remainder of the unexpired term.

Should a member of the council be chosen to serve as mayor
until the next municipal election such councilman shall be deemed to
have surrendered his office as councilman forthwith upon his qualifi-
cation as mayor and his office of councilman shall thereupon be vacant.
The vacancy thereby created in the council shall be filled by the council
as provided in section six hereof. — ,

The member of the council who shall be chosen as vice-mayor
shall continue to have all rights, privileges, powers, duties and obli-
gations of councilman while performing the duties of mayor during
the absence or disability of the mayor of the town.

CHAPTER III
THE CouNCIL

Section 10. The council of the town shall be composed of four
members. ‘They shall be elected by the popular vote of the qualified
voters of the town, as provided in section six hereof.

_ Section 11. The council shall, by ordinance, fix the time for
their stated meetings. Special meetings shall be called by the clerk
of the council upon the written request of the mayor, or any three
members of the council; no business shall be transacted at a special
meeting but that for which it shall. be called, unless the council be
unanimous. The meetings of the council shall be open to the public,
except when in the judgment of the council the public welfare shall
require executive sessions. a ae

_ If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be
deemed vacant by resolution of the council, and thereupon his un-
expired term shall be filled according to the provisions of this act.

. Section 12. The council shall appoint.a-clerk to serve at the will
of the council, and shall have authority to adopt such rules and ap-
point, such officers and committees as they may deem proper: for the
regulation, of their proceedings and for the convenient transaction of.
business; to compel the attendance. of absent members; and: enforce
orderly conduct at meetings.
The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record said proceedings
at large on the record book, and keep the same properly indexed.

Section 13. Three members of the council shall constitute a quo-
rum for the transaction of business. No ordinance shall be passed or
resolution adopted having for its object the appropriation of money,
or the levy of taxes and licenses, except by the concurrence of at
least three members. No vote or question decided at a stated meeting
shall be reconsidered at a special meeting unless all members are
present, and three of them concur.

CHAPTER IV
Town MANAGER

Section 14. The council may appoint a town manager who shall be
the chief administrative officer of the town. The town manager shall
be chosen by the council solely on the basis of his executive and admin-
istrative qualifications and need not, when appointed, be a resident
of the town or the State, but during his term of office he shall reside
within the town. No member of the council shall, during the time for
which elected or appointed, be chosen as town manager. The town
manager shall be appointed for a term acceptable to the town council
and the town manager. He shall be removable by the town council
for cause. Before the town manager may be removed, he shall, if
he so demand, be given a written statement of the reasons alleged for
his removal and the right to be heard thereon at a meeting of the
council prior to the final vote on the question of his removal, but
pending and during such hearing the council may suspend him from
office. The action of the council in suspending or removing the
town manager shall be final, it being the intention of this charter to
vest all authority and fix all responsibility for such suspension or
removal in the council. In case of the absence or disability of the
town manager the council may designate some qualified person to
perform the duties of the office during such absence or disability.

Section 15. It shall be the duty of the town manager to super-
vise the administration of the affairs of the town; to make such recom-
mendations to the council concerning the affairs of the town as may
seem to him desirable; to keep the council advised of the financial
condition and future needs of the town; to prepare and submit to
the council the annual budget estimate; to prepare and submit to the
council such reports as may be required by that body; and to perform
such other duties as may be prescribed by this charter or required of
him by order or resolution of the council, not inconsistent with this
charter.

The council shall have authority to place the control and super-
vision of the police force of the town under either the mayor or the
town manager as may appear advisable to the council.
Section 16. Except as otherwise provided in this charter, the towt
manager, subject to the consent of the town council, may appoint o:
employ and he may remove or discharge such officers, employees anc
assistants as may be necessary to carry on the work in those depart:
ments of the town committed to him by ordinance, in all of their re
spective details, in an economical and satisfactory manner. The sal.
aries and terms of office or employment of such officers, employee:
and assistants shall be fixed by the town manager subject to the
approval of the town council. His action in all respects shall be sub-
ject to review by the council and he shall be accountable to the town
council only.

CHAPTER V
Powers oF CouNcIL

Section 17. The council of the town shall have general power over
all officers and employees of the town as provided in this charter.

Section 18. The council of the town shall have, subject to the
provision of this act, the control and management of the fiscal and
municipal affairs of the town and of all property, real and personal,
belonging to said town and may make such ordinances and by-laws
relating to the same as they shall deem proper. The council shall
in addition to other powers given by law, have power to make such
ordinances, orders, by-laws and regulations as they may deem proper

and necessary to carry out the following powers, which are hereby
vested in them:

First. To establish a public market in and for said town, provide
for the appointment of proper officers therefor, prescribe the time and
places for holding the market, provide suitable grounds and buildings
therefor, and enforce such regulations as shall be necessary and proper
to prevent huckstering, forestalling, or regrating.

Second. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, ar-
mories, jails and all buildings and structures necessary or appropriate
for the use and proper operation of the various departments of the
town and the performance of its duties and functions.

Third. To establish, maintain and operate electric generating
equipment and distribution system within and without the town: to
purchase electric energy for the use of the town and for distribution
ind resale, including resale of its surplus electricity without the town ;
© acquire land or rights of way by gift, purchase or condemnation for
he location, extension or enlargement of an electric generating and/or
listribution system; ‘to acquire by gift, purchase or condemnation
iparian rights for hydro-electric generation and to protect by ordi-
lance, prescribing adequate penalties, the said electric generating equip-
nent and/or distribution system and_ their appurtenances _ whether
vithin or without the limits of the town.

Fourth. To establish. maintain. and anerate woatesecnel 2.4 0
ystems within and without the town; to purchase water tnerelror, lv
‘contract and agree with the owners of any land, springs or water sup-
lies for the use of or purchase thereof, or have same condemned ac-
-ording to law, for the location, extension, or enlargement of the said
vaterworks, or sewer system, either or both, the pipes connected
herewith, and the fixtures or appurtenances thereof; and to protect

from injury by ordinance, prescribing adequate penalties, the said
waterworks, water supply, sewer systems, pipes, fixtures, and land,
or anything connected therewith, whether within or without the limits
of the town.

Fifth. To open, extend, widen or narrow, close, layout, graduate,
curb, and pave, and otherwise improve streets, side-walks, and public
alleys in said town, and have them kept in good order and properly
lighted; in order to properly light the streets of said town, the coun-
cil may erect and operate such number of lamps and fixtures thereto
belonging as they may deem necessary ; they may build bridges in and
culverts under said streets, and may prevent or remove any structure,
obstruction, or encroachment over, or under, or in any street, side-
walk, or alley in said town, and may permit shade trees to be planted
along said streets; but no person shall occupy with his works, or any
appurtenances thereof, the streets, sidewalks, or alleys of the town,
without the consent of the council, duly entered upon its records ;
provided that so long as the said town shall, at its own expense, main-
tain and keep its streets in good order and repair, it shall be exempt
from all labor and tax for county road purposes.

Sixth. To prevent the cumbering of streets, side-walks, alleys,
lanes, or bridges in the town in any manner whatever.

Seventh. To determine and designate the route and grade of any
public utility laid out in said town.

Eighth. To establish, maintain and operate a landing field or air-
port located within or without the town, and for such purposes to
have the right to acquire real estate by gift, lease, purchase or con-
demnation; to lease such landing field or airport to others to be used
for any lawful purpose; to erect and maintain buildings and appur-
tenances necessary for the use of such landing field or airport and
to prescribe and enforce rules and regulations, not in conflict with
laws, rules and regulations prescribed by the State of Virginia anc
the Federal government, for the use and protection of such landing
field or airport.

Ninth. To make provisions for and regulate weights, measures
and standards.

Tenth. To secure the inhabitants from contagious, infectious, 01
other dangerous diseases; to establish, erect, and regulate hospitals
to provide for and enforce the removal of patients to said hospitals
to appoint and organize a board of health for said town, with th
necessary authority for the prompt and efficient performance of it
duties. _ , ,
Eleventh. To require and compel the abatement and removal of
all nuisances within the said town, at the expense of the person or
persons, causing the same, or the owner or owners of the ground
whereon the same shall be; to regulate or prevent soap factories, and
candle factories within the town, and the exercise of any dangerous,
offensive or unhealthy business, trade or employment therein; and to
regulate the transportation of coal, explosives, garbage and other ar-
ticles through the streets of the town, and to restrain and regulate the
speed of locomotive engines and cars upon the railroads within the
town.

Twelfth. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to re-
main or accumulate thereon, the council may cause such grounds to
be filled, raised, or drained, or may cause such substance to be covered
or to be removed therefrom, and may collect the expense of so doing
from the owner, or owners, occupier or occupiers, or any of them
(except in cases where such nuisance is caused by the action of the
town authorities or their agents, or by natural causes beyond the con-
trol of the owner or occupant, in which case the town shall pay the
expense of abating the same), by distress and sale in the same manner
in which taxes levied upon real estate for the benefit of said town are
authorized to be collected; provided, that reasonable notice and an
opportunity to be heard shall be first given to said owners or their
agents. In case of nonresident owners who have no agent in said
town, such notice shall be given by publication at least once a week for
not less than two consecutive weeks in any newspaper having general
circulation in the said town.

Thirteenth. To establish fire zones and regulate the character
of buildings which may be erected or restored within same; to insure
the safety of building construction within the town through the adop-
tion and enforcement of a building code; to protect health and safety
of persons within the town through the adoption and enforcement of
plumbing, gas fitting, steam fitting and electrical codes; to regulate and
direct the storage of explosives and combustible substances and liquids;
to prohibit the discharge of fire works and fire arms within the town,
the building of bonfires within the town and the use of candles or lights
in barns, stables, warehouses, etc.

Fourteenth. To prevent hogs, cows, horses, dogs and other ani-
mals from running at large in the said town, and to subject the same
to such confiscation, regulations, and taxes as they may deem proper,
and to prevent the keeping of hogs within the limits of the town. |

Fifteenth. To regulate the riding and driving of horses and other
animals and the operation of motor and other vehicles, but not in
conflict with State law; to prevent the throwing of stones or engaging
in any employment or sport on the streets, sidewalks or public alleys,
dangerous or annoying to persons; and to prohibit and punish the
abuse or cruel treatment of horses and other animals in said town.
Sixteenth. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots; disturbances and disorderly
assemblages ; to suppress houses of ill-fame and gambling houses, and
to prevent and punish lewd, indecent and disorderly conduct or ex-
hibitions in said town.

Seventeenth. To establish, impose and enforce water, gas, elec-
tricity and sewerage rates and rates for charges for public utilities or
other service, products or conveniences, operated, rendered or fur-
nished by the town; and to assess, or cause to be assessed, water, gas,
electricity and sewerage rates and charges against the proper tenant or
tenants or such persons, firms or corporations as may be legally liable
therefor; and the council may by ordinance require a deposit of
such reasonable amount as it may by such ordinance prescribe, before
furnishing any of said services to any person, firm or corporation.

Eighteenth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to grant franchises for public utilities under
terms and conditions to be fixed by the council.

Nineteenth. To divert the channels of creeks and flowing streams
and for that purpose to acquire property by condemnation.

Twentieth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to contract debts, borrow money and make
and issue bonds and other evidence of indebtedness.

Twenty-first. To exercise the power of eminent domain within
this State with respect to lands and improvements thereon, machinery
and equipment for any lawful purpose of the said town.

Twenty-second. To provide by ordinance for a system of meat
and milk inspection and to appoint meat and milk inspectors, agents
or officers to carry the same into effect, within or without the corporate
limits of the town; to license, regulate, control and locate slaughter
houses within or without the corporate limits of the town; and for
such services of inspection to make reasonable charges therefor; and
to provide reasonable penalties for the violation of such ordinances.

Twenty-third. To do all things whatsoever necessary or expedient,
and to pass all ordinances, resolutions and by-laws for promoting or
maintaining the security, general welfare, comfort, education, morals,
peace, government, health, trade, commerce and industries of the
town, or its inhabitants, not in conflict with the Constitution and
general laws of the State, or the Constitution of the United States.

Twenty-fourth. The council shall have full control and regu-
lation over the public utilities now owned or that may hereafter be
acquired by the said town, and to this end it shall have full authority
to employ from time to time such employees as it deems necessary
to properly maintain, conduct and operate the same; and it shall have
full authority to incur indebtedness, unless otherwise prohibited by
law, whenever the said council may deem it necessary for the proper
conduct, management and maintenance of the public utilities now owned
by the said town, or such as may hereafter be acquired by it.

Twenty-fifth. The said council shall likewise have authority, by
ordinance duly enacted, to compel all owners of real estate within the
corporate limits of said town to connect with such sewerage pipes or
connections as may hereafter be installed or constructed by the said
town, whenever public health may render necessary such connection,
upon such reasonable terms as may be prescribed by said council,
together with all other authority necessary to a proper maintenance
and operation of an effective sewerage system.

Twenty-sixth. The said council shall have no authority to sell
its public utilities, without first submitting the question of such sale
at a special election to be called for that purpose only, to the qualified
voters of the town of Manassas, which election shall be conducted as
now provided by general law governing special elections. The circuit
court of Prince William county, or the judge thereof in vacation, shall
order such special election upon the petition of twenty-five per cent
of the qualified voters of the town of Manassas or upon a resolution
passed by a majority of the council of said town. For a period of
not less than four weeks prior to said special election, the substantial
terms of any proposed sale shall be published over the signature of
the clerk of the said town, once a week for four successive weeks in
some newspaper published within the county of Prince William. The
qualifications of voters in said special election shall be determined by
existing statutes governing other special elections.

Section 19. The council is empowered to acquire, by purchase,
gift, devise or condemnation or otherwise, lands to be used as a place
for the burial of the dead. The said council shall have the power to
prescribe and enforce all needful rules and regulations not incon-
sistent with the laws of the State for the use, protection, and orna-
mentation of the cemetery; to set aside, at their discretion, by metes
and bounds, any portion thereof for the interment of strangers and
the indigent poor; to divide the remainder into burial lots, and sell
or lease the same, and to execute all proper deeds or other writings in
evidence of such sale or lease, and to prescribe what class or conditions
of persons shall be admitted to interment in the cemetery. The ceme-
tery, when established and enclosed, with the property included in
it, shall be exempt from all State, county, and municipal taxation.

Section 20. So long as there exists any unpaid bonded indebted-
ness, the council shall set aside, or cause to be set aside, a sufficient
portion of the revenues of the said town during each fiscal year for
the sinking fund requirement for that year and none of the fund so
set aside shall be appropriated or used for any purpose other than
the retirement of outstanding bonds and the payment of the interest
on same.

Section 21. Where, by provisions of this act, the council has au-
thority to pass ordinances on any subject that may prescribe any penalty
not exceeding ninety days in jail or a fine not exceeding five hundred
dollars, either or both, for a violation thereof, and may provide that
the offender, on failing to pay the penalty recovered and costs, shall
be imprisoned in jail or prison farm of the town or county for a
term not exceeding ninety days, which penalties may be prosecuted
and recovered with costs in the name of the town of Manassas, or
shall compel them to work on the streets or other public improvements
of the said town. The council shall also have the right to establish a
prisoner labor force in which they may require persons convicted of
violations of town ordinances to work on the streets and other public
grounds of the town, and the further right to deal with the State for
the use and employment of persons convicted of violations of State
laws. :

Section 22.. In every case where a street in said town has been,
or.shall be encroached upon by any fence, building or otherwise, the
council may require the owner to remove the same, and if such re-
moval be not made within the time prescribed by the council, they
may impose such penalty as they may deem proper for each and every
day it is allowed to continue thereafter, and may cause the encroach-
ment to be removed, and collect from the owner all reasonable charges
therefor, with costs, by the same process that they are hereinafter em-
powered to collect taxes. Except, in any case where there is a bona
fide dispute as to the true boundary line or the location of the true
street line (and if passage over such street is not seriously impeded)
the same shall first be established and determined by an adjudication
of a court of competent jurisdiction in a proceeding instituted by
either the town or the property owner for that purpose before the
said town shall take any steps to remove the said obstruction or en-
croachment, or to impose any penalty therefor. No encroachment
upon any street, however long continued, shall constitute any adverse
possession to or confer any rights upon the persons claiming thereunder
as against the said town.

Section 23. Dedication of any street, alley or lane in said town may.
be made by plat or deed. Any street or alley reserved in the division
or subdivision into lots, of any portion of the territory within the
corporate limits of said town, by a plan or plat of record, shall be
deemed and held to be dedicated to public use, unless it appears by said
record that the street or alley so reserved is designated for private
use. The council shall have the right to elect, by resolution entered
on its minutes whether it will, or will not accept the dedication of any
street or alley.

Section 24. The council may by resolution, duly adopted and re-
corded, order the repair, wrecking or removal of any building or
structure which has been complained of by the town manager or
other authorized agent as a menace to adjoining property or to per-
sons using a public thoroughfare or a public place adjacent to such
building or, structure; and condemnation to be made only after such
building or structure has been inspected and found unsafe by a com-
mittee composed, of the town manager or other authorized agent and
two reputable builders appointed by the council. If the owner of such
menace shall fail or refuse to repair, wreck or remove the same within
thirty days from the date of written notice from the town clerk, trans-
mitting such resolution of condemnation, the council may then order
the town manager or other authorized agent to repair, wreck or remove
such building or structure and the cost of such repair, wrecking or
removal by the town manager or other authorized agent shall be a
charge against the property on which such menace is located and such
cost shall be collectible by due process of law.

Section 25. The council may take from any officer or employee
of the town, whether elected by the voters of the town or appointed
by them, a bond, with surety, to be approved by the council, in such
penalty as it may deem proper payable to the town, with condition for
the faithful discharge by the said officer or employee of the duties of
his office. —

Section 26. The council may appoint a duly licensed attorney as
town attorney, the scope of whose duties and whose compensation shall
be fixed by the council and who shall serve during the pleasure of
the council.

Section 27. The council may appoint a treasurer for the town who
shall, be charged with receiving and paying out of all monies of said
town. He shall hold such monies and/or place same in such deposi-
tories as the council may by resolution direct, and he shall pay out
such monies under such conditions and in such manner as the council
may by resolution direct. The treasurer shall keep the monies of
the town in the name of the town. He shall keep books showing ac-
curately all receipts and disbursements and separate records for the
several funds or accounts of the town as may be prescribed by the
council from time to time. His books shall be open at all times for
inspection by the council, the mayor, the town manager or any au-
thorized agent of the council. The town treasurer is specifically
charged with the preparation and delivery of all bills for tax levies
and license taxes due said town and the prompt collection of such
taxes. Should any tax or taxes become delinquent, the treasurer shall
promptly proceed to collect the same in such manner as prescribed
by ordinance or law, and the treasurer of the town of Manassas is
empowered by this act to sell any personal property or real estate for
taxes due thereon in the same manner and under the same procedure
as county treasurers in the State are now or may hereafter be em-
powered to sell personal property or real estate to satisfy taxes
against same. The treasurer shall perform such other duties as the
council may prescribe and the council may, if it so desires, combine
the office of treasurer with the office of town clerk. The treasurer
shall hold office at the pleasure of the council and be required to fur-
nish.a bond payable to the town of Manassas in such amount as the
council may prescribe and conditioned upon the faithful and true per-
formance of all the duties placed upon the treasurer by this act. The
treasurer shall immediately deliver all monies, records and other prop-
erty of the town of Manassas in his possession to his duly appointed
successor and the bond as herein provided shall remain in full force
and effect until such monies, records and property have been so trans-
ferred and accounted for.

Section 28. The town council shall have authority to employ an
officer whose duty it shall be to make an annual assessment of all
personal property within the town of Manassas subject to assessment;
and whose duty it shall be to assess in nineteen hundred and thirty-
eight for the purpose of municipal assessment all real estate in the
town of Manassas, subject to assessment. Such assessment, both of
real and personal property, shall be the basis on which the town levies
shall be extended. The assessment of real estate shall be the basis
of the extension of real estate taxes until the town-has by its said officer
had the real estate subject to assessment in the said town re-assessed.
It shall be the duty of the said assessor to increase the valuation of
any real estate on which any building or structure is erected in excess
of the value of one hundred dollars; and to decrease the valuation of
any real estate which has been destroyed in whole or in part to the
extent of one hundred dollars or more.

_.Any taxpayer feeling himself aggrieved by an assessment of either
real or personal property shall have the same right of appeal to the
circuit court of Prince William county within the same time and on
the same condition as an aggrieved tax payer may apply for relief
under the general law of the State; provided, however, that before
any application for the correction of any assessment, either of real
or personal estate is heard, a notice of the time and place of making
such application shall be served either upon the mayor or the town
manager, as well as the town treasurer, and the town shall have the
right to defend such assessment. Nothing, however, in this section
shall affect the assessment, as provided for by general law, of real
and personal property in said town for the purpose of county taxes
and levies.

Section 29. The council may exercise full police powers and it
may establish and maintain a police force for the town of Manassas
with such number of policemen and employees as the council may deem
necessary and the head of such force may be known as the chief of
police. The chief of police and the policemen and employees of the
police force shall be under the control and supervision of the town
manager or of the mayor as the council may deem expedient. The
compensation and terms of office or employment of the chief of police
and such policemen and employees of the police force as the council
shall deem proper shall be fixed and determined by the council.

(b) Each member of the police force and the chief of police are
hereby made and constituted a conservator of the peace and endowed
with all the powers of a constable in criminal cases and all other powers
which under the laws of the State of Virginia and the ordinances
and resolutions of the town may be necessary to enable him to dis-
charge the duties of his office.
Section 30. The town council may create and maintain a fire de-
partment for the town and provide fire fighting apparatus and equip-
ment for such department, and it may accept for use of said depart-
ment gifts, grants or donations in the form of money or equipment
which, when made, shall be the property of the town as completely as
if purchased and paid for by said town. The council may by ordinance
or resolution prescribe such rules and regulations as it may deem neces-
sary regulating the operation of the fire department and the use of
the apparatus, equipment, etc., as herein provided. The fire depart-
ment may be manned by either volunteer firemen or firemen who are
paid employees of the town. If maintained as a volunteer fire company,
the council may grant the members of such company the right to select
their own membership and officers subject to the approval of the
council. The council may at its discretion add to the volunteer fire
company such full time or part time, paid members as may seem
advisable to the council.

CHAPTER VI
Town OFFICERS:

Section 31. The town council may combine officers when not
expressly prohibited, except that the assessing and collecting officers
shall not be the same person.

Section 32. The town council shall grant and pay to all town
officers and employees such salaries or compensation, if any, as the
said council may from time to time deem just and proper, or which
shall be fixed by this act, except as such salaries or compensation
may be fixed by general law.

Section 33. If any person, having been an officer of such town,
shall not within ten days after he shall have vacated, or been removed
from office, and upon notification or request of the.clerk of the coun-
cil, or within such time thereafter as the town council shall allow,
deliver over to his successor in office all property, books, and papers
belonging to the town, or appertaining to such office in his possession
or under his control, he shall forfeit and pay to the town the sum
of five hundred dollars, to be sued for in the name of the town and
recovered with costs; and all books, records, and documents used in
any such office by virtue of any provision of this act, or of any ordi-
nance or order of the town council, or of any superior officer of the
said town, shall be deemed the property of the said town and apper-
taining to said office, and the chief officer thereof shall be responsible
therefor.

Section 34. All officers hereafter elected under this act, shall be
elected at the times and for the terms, as hereinbefore provided, and
shall enter upon the discharge of their duties, in accordance with the
provisions of the general law of this State concerning town officers.

Section 35. The enumeration of certain powers in this charter
shall not be construed to impair or diminish in and to said town or
its officers any-of the rights, powers or-authority. conferred upon:towns
or their.officers by the general law.of.the State... _
~ CHAPTER. VII - °. +

ae tae 4, TAXES. — , ,

. Section 36. In addition to all the other powers mentioned in this
charter, the town council shall have power to raise annually by taxes
arid assessments in said town on all subjects the taxation of which by
incorporated towns is not forbidden by general law, such sums of
money.as the council herein provided for 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 laws of this
State and of the United States. | :
“Section 37. The town council is hereby vested with power to
impose special or local assessments for local improvements and en-
force payment thereof, subject, however, to such limitations prescribed

by the Constitution and laws of Virginia as may be in force at the
time of the imposition of such special or local assessments.

_ Section 38. The town council may levy a tax or a license on any
person, firm, or corporation pursuing or conducting any trade, busi-
ness, profession, occupation, employment or calling whatsoever within
the boundaries of the town, whether a license may be required there-
for by the State or not, and may exceed the State license, if any be
required, except when prohibited by general law.

. Section 39. Any payment of delinquent taxes made by the tenant,
unless under an expressed contract contained in his lease, shall be a
credit against the person to whom he owes the rent.

Section 40. The council may require of owners of motor vehicles,
trailers, and semi-trailers, residing in the town, licenses for the priv-
ilege of operating such vehicles in the town, such licenses to be issued
and the fees therefor fixed by the council.

Section 41. All goods and chattels wheresoever found, may be
distrained and sold for taxes assessed and due thereon, and no deed
of trust nor mortgage upon goods and chattels shall prevent the same
from being distrained and sold for taxes.

Section 42. No tax shall be levied unless by resolution passed by
recorded vote of the council.

Section 43. There shall be a lien on real estate for the town taxes
assessed thereon from the commencement of the year for which they
were assessed. The council may require real estate in the town delin-
quent for the non-payment of town taxes to be sold for said taxes
and the accrued penalties thereon, with interest on the aggregate
thereof, at the rate of six per centum. The town shall have the right
to enforce the payment of all taxes and levies, due the said town by
such proceeding at law or equity as may be appropriate under any
provision of the general law for the enforcement of payment of any
taxes, whether State; county or municipal, with the right of election
of any and all remedies, which remedies are accumulative: 0.95
On all taxes and-levies not paid by the second day of March: suc-
ceeding the year when the assessment is. made, a penalty of one per
centum shall be added as of the second day of March, with an additional
one per centum on taxes not paid the second day of April, an additional
one per centum on taxes not paid by the second day. of May, an addi-
tional:-two per centum on such taxes not paid by the second day of
June, succeeding the year when, the levy was made. . ”
_. As promptly as-possible after the second day of July of each year,
the treasurer shall make up a list of all taxes delinquent on real estate
for the preceding year and record or have the same recorded in a book
kept for that purpose in the clerk’s office of Prince William county.
Such taxes, together with such penalties and interest thereon to be
calculated from the second day of June, succeeding the year when due,
shall be a lien on the real estate against which such taxes were assessed,
until paid. And the failure of the clerk to record or have recorded
such delinquent taxes shall not effect the lien of such taxes, interest
and penalties. , -

Section 44. Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local improvements
and assessments, ordinances and resolutions providing for or directing
any investigation of town affairs, resolutions requesting information
from administrative bodies, or directing administrative action and
emergency measures shall take effect at the time indicated in such
ordinances. Except as otherwise prescribed in this charter, all other
ordinances and resolutions passed by the council shall take effect at
the time indicated in such ordinances, but in event no effective date
shall be set forth in any such ordinance, resolution or by-law passed
by the council, the same shall become effective thirty days from the
date of its passage.

An emergency measure is an ordinance or resolution to provide for
immediate preservation of the public peace, property, health or safety,
in which the emergency claimed is set forth and defined in a preamble
thereto. The affirmative vote of at least three members of the council
shall be required to pass any ordinance or resolution as an emergency
measure. In case there shall be a tie among the four members of the
council, the vote of the mayor, in event of such tie, shall be controlling.

Section 45. All ordinances hereafter passed by the council for the
violation of which any penalty is imposed, shall be published by posting
on a bulletin board on the front of the town hall and on a bulletin board
in front of Prince William county court house not less than thirty days
prior to the date on which such ordinance will become effective and
the certificate of the clerk of the council shall be prima facie evidence
of such posting and of the time thereof.

Section 46. (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 income
derived from property used in connection with any public utility owned
and operated by the town subject to the provisions of section one
hundred and twenty-seven of the Constitution of Virginia.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act 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 the said bonds, notes or other obligations, or from
the town taxes and revenues, as the case may be subject to the pro-
visions of section one hundred and twenty-seven of the Constitution of
Virginia.

(c) The credit of the town shall not, directly or indirectly, under
any device or pretense whatsoever, be granted to or in aid of any person,
firm, association or corporation.

(d) 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; provided, however, if
there shall be omitted from this act any provision essential to the valid
authorization, sale, execution and issuance of any of the bonds of said
town, the provisions of general law with reference to similar bonds
shall supply said omission.

(e) Any bonds issued by the town under this act shall be signed
by the mayor and attested by the clerk under the seal of the town,
and shall be made payable in the office of the town treasurer or such
other place in or out of the State as the council may provide in the
ordinance authorizing the issuance of the particular bonds. Such
bonds shall be advertised by the mayor and sold by the town treasurer,
or by the town manager as may be provided in such ordinance, under
supervision of the mayor, town manager and clerk, and the sale re-
ported to and approved by the council, and the proceeds from said sale
shall be paid to the town treasurer.

CHAPTER VIII
Town PLANNING

Section 47. The council may adopt a town plan, showing the streets,
highways, and parks heretofore laid out, adopted, and established, and
such town plan shall be final with respect to the location, length, and
width of such streets and highways, and the location and dimensions
of such parks. Such town plan is hereby declared to be established
for the promotion of the health, safety, and general welfare. Upon
the adoption of the town plan, or any amendment thereto, a certificate
to that effect, together with a plat, shall be filed immediately with the
clerk of every county affected by such town plan or amendment who
shall file the same in an appropriate place, and index the same in the
name of the town in the current deed book of his office.

Section 48. The council is hereby authorized to appoint a town
planning commission, fix the number and terms of members, remove
any member for cause, fill any vacancies, which may occur, and provide
for the powers and duties of such commission, not in conflict with
the provisions of this act. ,

Section 49. The council may at any time, after a public hearing,
amend the town plan, by widening, relocating, or closing existing
streets and highways, and by altering any existing park or by laying
out new streets and highways and establishing new parks. Before
amending the town plan, the council shall refer the proposed amend-
ment to the town planning commission for a report thereon, and shall
not act on such amendment until a report has been received from said
commission, unless a period of thirty days has elapsed after the date
of reference to the commission. Any amendment of the town plan,
upon its adoption by the council, shall be final unless changed as herein
provided as to the location, length, and width of any street and high-
way, and the location and dimensions of any park. Any widening,
relocating, closing or laying out of streets and highways proposed under
the provisions of law other than those contained in this article shall
be deemed an amendment of the town plan, and shall be subject in all
respects to the provisions of this charter.

Section 50. No plat showing a new street or highway within the
town, shall be filed or recorded in the office of the clerk of the town
or of any county until such plat has been approved by the council.
Before giving any approval, the council shall refer every such plat
to the town planning commission for a report and shall not act on
any plat so referred until a report has been received from the com-
mission, unless a period of forty-five days has elapsed after the date
of reference to the commission. Before reporting to the council on
any plat, the commission shall hold a public hearing thereon. If any
plat is disapproved by the commission, it shall report the reasons tor
such disapproval to the council. The council shall not approve any
plat unless the streets and highways provided in such plats are of
sufficient width, of proper grades, and suitably located to meet the
probable traffic needs to afford adequate light, air, and access of fire
apparatus to such buildings as may be erected along the proposed streets
and highways; and to insure healthful conditions on the land adjacent
to such streets and highways. The council may, in appropriate cases,
require that a plat, before being approved, shall provide adequate open
spaces for parks, playgrounds, or other recreational uses; but the
inclusion of such open spaces upon a plat does not require their dedica-
tion to public use. After a plat has been approved by the council, the
streets, highways, parks, and other open spaces shall be a part of the
town plan. The council, after a public hearing, may adopt general
regulations in regard to the filing of plats.

(a) 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 adjoining lands, both as to connections and widths, which
widths of such streets and alleys shall be plainly marked in figures or
written or: such plat, and which streets and alleys shall be laid out in
harmony with the general plan of the town.

(b) 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 Manassas 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 Manassas 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 Manassas from
building any 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 the clerk’s
office of the circuit court of Prince William 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 discre-
tion, require such release and waiver to be made with reference thereto.

(c) Before approving any such plat or any sub-division 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.

Section 51. For the purpose of preserving the integrity of the plan,
no permit shall hereafter be issued for the construction of any building
within the street lines of any mapped street or highway, as laid down
in the town plan, within the town. Provided, however, if the land within
any mapped street or highway is not yielding a fair return to the owner,
the board of appeals, provided for in chapter nine hereof, by a majority
vote of all its members, may issue a permit for a building within the
street line of such street or highway, upon such conditions as will
increase as little as possible the cost of opening such street or high-
way, and will protect as far as possible the rights of the public and the
integrity of the town plan. The board of appeals, hereinafter author-
ized, before taking any action under provisions of this section, shall
hold a public hearing, of which adequate notice shall be given to all
persons deemed to be affected. Any decision by the board of appeals,
rendered under the provisions of this section, shall be subject to the
same court review as provided for zoning decisions of the board.

Section 52. If such town plan is adopted, no public sewer, water
pipe, or other public utility shall be laid and no grading or paving shall
be done by the town in any street or highway in the town, unless such
street or highway has been placed upon the town plan by the council.
No permit shall be issued for any building in the town, unless such
building is located adjacent to a street or highway which has been
placed upon the town plan by the council. Provided, however, where
the literal enforcement of the provisions of this section would result
in practical difficulty or unnecessary hardship, or where the nature
or use of the proposed building does not require its location to be
adjacent to a street or highway, the board of appeals, by a majority
vote. of all its members, may issue a permit for a building, upon such
condition as the board may deem necessary to preserve the integrity
of the town plan and to insure the proper location of future streets and
highways in the town and the surrounding area. Any decisions of
the board of appeals, rendered under the provisions of this section,
shall be subject to the same court review as provided for zoning de-
cisions of the board.

CHAPTER IX
ZONING

Section 53. For the purpose stated in chapter one hundred and
ninety-seven of the Acts of Assembly, approved March eighteenth,
nineteen hundred and twenty-six, the town council is hereby empowered
to pass zoning ordinances in conformity with the said act, as amended,
subject, however, to the following modifications thereto:

(a) The council shall not adopt any zoning ordinance or map
until it shall have appointed a town planning commission, as provided
for in chapter eight hereof and shall have received from said commis-
sion its recommendations as to a zoning ordinance and map, and shall
have held a public hearing thereon.

-(b) Any zoning ordinance, regulations, restrictions, and bounda-
ries of districts may be changed from time to time by the council, either
upon its own motion or upon petition, under such conditions as the
council may prescribe, after a public hearing and adequate notice to
all owners and parties affected. If a protest or protests be filed with
the council, signed by the owners of twenty per centum or more of the
area of the land included in the proposed change, or by the owners
of twenty per centum or more of the area of the land immediately
adjacent to the land included in the proposed change, within a distance
of one hundred feet therefrom, or by the owners of twenty per
centum or more of the area of the land directly opposite across any
street or streets from the land included in the proposed change, within
a distance of one hundred feet from the street lines directly opposite,
then no such change shall be made except by the majority of all of
the members of the council. No change shall be made by the council
in any zoning ordinance or map until such change has been referred
to the town planning commission for a report thereon, and no action
shall be taken by the council until a report has been received from the
commission, unless a period of thirty days has elapsed after the date
of reference to the commission.

(c) Within thirty days after the adoption of any zoning ordi-
nance and map, the council shall appoint a board of appeals, consisting
of five members, none of whom shall be an official, employee or officer
of said town.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expira-
tion of the term of the different members, it shall be filled by the
council for the unexpired term.

Unless the council designates some member of the board as chair-
man, the board shall select a chairman from among its own members,
and may create and fill such other offices as it may choose. The board
may employ such persons as the council may approve, and may expend
such sums as are appropriated by the council for its work.

CHAPTER X
GENERAL PROVISIONS

Section 54. The mayor and town clerk shall have the power to
administer oaths, and to take and sign affidavits in the discharge of
their respective official duties.

Section 55. The council, mayor, and any officer, board or com-
mission authorized by the council, shall have power to make investiga-
tions as to town affairs and for that purpose to subpoena witnesses,
administer oaths and compel the production of books and papers.

Section 56. The town authorities may use the Prince William
county jail, or penal farm if there be one, and the jailer, or keeper
of such penal farm, is authorized to receive into said jail, or at such
penal farm, all persons committed to the custody of either such jailer
or keeper, and such jailer or keeper shall be entitled to the same fees,
and the same compensation for board of such prisoners as may be
incarcerated in such jail or placed on such farm by the said town
as are allowed by law. But in computing the compensation for board
of such town prisoners, the computation shall be based upon the total
number of prisoners confined in the jail or upon the penal farm from
all sources, and not merely upon the number of the town prisoners.

Section 57. The plan of government provided by this charter may
be changed to any other plan provided for the government of incor-
porated town in the manner provided by general law therefor; and if
and when the town of Manassas shall become a city of the second class
in the manner provided by general law, the plan of government pro-
vided by this charter shall continue so far as applicable, but such plan
of government may be changed to any other plan provided for the
government of cities of the second class at any time in the manner
provided by general law. — vs " oo "
Section 58. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent jurisdic-.
tion to be invalid, such judgment 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. which is so held invalid.

2. An act entitled “an act to incorporate the town of Manassas,
in Prince William county’, in force April second, eighteen hundred
and seventy-three, and all acts amendatory thereof, are hereby repealed,
and all other acts and parts of acts inconsistent with this act, are hereby
repealed to the extent of such inconsistency.

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