Chap. 102.—An ACT to provide a new charter for the Town of Wachapreague,
Accomack county, Virginia; to repeal all acts, or parts of acts in conflict
therewith; and to validate all contracts heretofore. or hereafter made by the
present council and government while in office not inconsistent with this charter
or the Constitution and general laws of this State; and to repeal all former
charters of the Town of Wachapreague. IS B 130)

Approved March 6, 1946

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

Section 2. The town boundary.—The corporate limits of the Town
of Wachapreague, Virginia, as heretofore established, are hereby re-es-
tablished, and shall be taken and deemed as the Town of Wachapreague
as follows:

Beginning at the mouth of a glade dividing the lands of James K.
Harmon from the lands of what is known as the Goffgan farm, and
where said glade empties into Wachapreague creek; thence extending
westerly along said glade and a ditch to the line between the lands of
Bettie Custis and Edward B. Finney southwesterly along said line:
thence in a generally southwesterly direction along a road or street di-
viding the lands of Ran Hickman from the lands lately owned by Thomas
F. Floyd: thence across the main street to a line between the lands of
George W. Mears and sundry lots situated on what was known as the
Powell land; thence in a generally southerly direction along that line to
its terminus at Wachapreague creek ; thence northerly and easterly along
the low water line of said creek to the point of beginning. The above ts
a description as of April two, nineteen hundred two.

CHAPTER II

Section 1. Powers of the Town of Wachapreague.—

(1) To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may be
subject to taxation by towns by the laws of this Commonwealth, such
sums of money as the council thereof shall deem necessary for the pur-
pose of the said town, in such manner as the said council shall deem ex-
pedient in accordance with the Constitution of this State and of the
United States: provided, however, that it shall impose no taxes on the
bonds of the said town.

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

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

(4) (a) The town may, in the name of and for the use of the
town, contract debts and make and issue, or cause to be made and 1s-
sued, 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.

(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 said bonds, notes or other obligations or from the town taxes and
revenues, as the case may be.

(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 ordinance 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 pro-
visions of general law with reference to similar bends shall supply said
omssion.

(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 may be ad-
vertised by the mayor and sold by the town treasurer, as may be pro-
vided in such ordinance, under supervision of the mavor and clerk, and
the sale reported to and approved by the council, and the proceeds from
said sale shall be paid to the town treasurer.

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

(6) To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate therein within or without
the town, for any of the purposes of the town; and to hold, improve, sell,
lease, mortgage, pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

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

(8) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council of the said town may deem nec-
essary for the purpose of providing an adequate water supply to the said
town and of piping and conducting the same; to lay, erect and maintain
all necessary mains and service lines, either within or without the cor-
porate limits of the said town, for the distribution of water to its customers
and consumers, both within and without the corporate limits of the said
town and to charge and collect water rents thereof; 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 pollu-
tion; and for this purpose to exercise full police powers and sanitary
patrol over all land comprised within the limits of the water shed tribu-
tary to any such water supply wherever such lands may be located in this
State ; to impose and enforce adequate penalties for the violation of any
such rules and regulations; and to prevent by injunction any pollution
or threatened pollution of such water supply, and any and all acts likely
to impair the purity thereof; and to carry out the powers herein granted,
the said town may exercise within the State all powers of eminent do-
main provided by the laws of this State.

(9) To establish, construct, maintain and operate public landings,
public wharves, harbors and docks either within the town, or without
the town not exceeding the distance of two miles from the corporate
limits thereof; to acquire by condemnation or otherwise all lands, riparian
and other rights and easements necessary for the purposes aforesaid ; to
lay and collect reasonable duties or wharfage fees on vessels coming to
or using said landings, wharves, harbors or docks; to dredge or deepen
the harbor or river or any branch or portion thereof; to prescribe and
enforce reasonable rules and regulations for the protection and use
of its said properties, whether within or without the town, and to impose
and enforce adequate penalties for the violation of such rules and regula-
tions.

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

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

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

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

(14) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings and struc-
tures necessary or appropriate for the use and proper operation of the
various departments of the town; and to acquire by condemnation or
otherwise, all lands, riparian and other rights, and easements necessary
for such improvements, or any of them; either within or without the
town, and to construct, maintain or aid therein, roads and bridges to any
property owned by said town and situate beyond the corporate limits
thereof, and to acquire land necessary for the aforesaid by condemnation
or otherwise.

(15) To acquire, establish, enter, open, widen, extend, grade, im-
prove, construct, maintain and clean public highways, streets, sidewalks,
boulevards, parkways, and alleys, and to alter, vacate, or close the same;
to establish and maintain parks, golf courses, playgrounds, and public
grounds; to keep them lighted and in good order; to construct, maintain
and operate bridges, viaducts, subways, tunnels, sewers and drains and
to regulate the use of all such highways, parks, public grounds and works ;
to plant and maintain or remove shade trees along the streets and upon
such public grounds; to prevent the obstruction of such streets and high-
ways; to regulate the operation and speed of cars and vehicles upon
said streets and highways within the town; and to do all other things
whatsoever adapted to make said streets and highways safe, convenient
and attractive.

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

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

(18) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to 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, riparian and other rights, and
easements necessary for the purposes aforesaid, and to charge, assess,
and collect reasonable fees, rentals, assessments or costs of service for
connection with and using the same.

(19) Subject to the provisions of the Constitution and general
laws of Virginia and this charter to grant franchises for public utilities ;
provided, however, the town shall at any time have the power to con-
tract for, own, operate, manage, sell, encumber or otherwise dispose of,
either within or without the town, any and all public utilities for the town
and to sell the services thereof, any existing franchise to the contrary
notwithstanding.

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

(21) To compel the abatement and removal of all nujsances with-
in the town or upon property owned by the town beyond its limits at
the expense of the person or persons causing the same, or of the owner
or occupant of the ground or premises whereon the same may be, and
to collect said expense by suit or motion or by distress and sale; to re-
quire 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 offen-
sive business within the said town, the keeping of hogs or other animals,
poultry or other fowl therein, or the exercise of any dangerous or un-
wholesome business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the town; to compel the
abatement of smoke and dust and prevent unnecessary noise; to regu-
late the location of stables and the manner in which they shall be kept
and constructed: to regulate the location, construction, operation, and
maintenance of billboards, signs, advertising, and generally to define,
prohibit, abate, suppress and prevent all things detrimental to the health,
morals, aesthetic, safety, convenience and welfare of the inhabitants of
the town; and to require all owners or occupants of property having
sidewalks in front thereof to keep the same clean and sanitary, and free
from all weeds, filth, unsightly deposits, 1ce and snow.

(22) To extinguish and prevent fires, and to establish, regulate and
control a fire department or division, to regulate the size. height. ma-
terials and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety and
conveniences may require; to remove or require to be removed or re-
constructed any building, structure or addition thereto which by reason
of dilapidation, ‘defect of structure, or other causes may have become
dangerous to life or property, or which may be erected contrary to law;
to establish and designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, removed, added to,
enlarged, or repaired and to direct that any or all future buildings with-
in such limits shall be constructed of stone, natural or artificial, concrete.
brick, iron or other fireproof materials ; and may enact stringent and ef-
ficient laws for securing the safety of persons from fires in halls and
buildings used for public assemblies, entertainments or aniusements.

(23) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder,
nitro-glycerin, fireworks, kerosene oil or other like materials: to regu-
late the exhibition of fireworks, the discharge of firearms, and the making
of bonfires in the streets and yards.

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

(25) To provide for regular and safe construction of houses in the
town for the future, and to provide a building code for the town, to pro-
vide set back lines on the streets beyond which no building may be con-
structed, to require the standard of all dwelling houses be maintained in
residential section in keeping with the majority of residences therein,
and to require the standard of all business houses be maintained in busi-
ness sections in keeping with the majority of the business houses therein.

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

(27) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption, which is adulterated,
impure or otherwise dangerous to health, and to condenm, seize and de-
stroy or otherwise dispose of any such article, or thing without lability
to the owner thereof; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally ; 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 main-
tenance of a hospital or hospitals for 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 neces-
sary for the prompt:and efhcient performance of its duties, with the
power to invest any or all the officials or employees of such department
of health with such powers as the police officers of the town have, to es-
tablish quarantine ground within or without the town, and establish 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; and to provide for a bureau of vital statistics and require physi-
clans, midwives or parents to make reports thereto.

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

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

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

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

(32) In so far as not prohibited by general law, to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers for
hire upon the streets or alleys of the town; to regulate the use of auto-
mobiles and other automotive vehicles upon the streets; to regulate the
routes in and through the town to be used by motor vehicle carriers op-
erating in and through said town and to prescribe different routes for dif-
ferent carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic there-
in as may be necessary for the general welfare.

(33) To grant aid to military companies and to contribute to the
support of a band maintained within the said town; to associations for
the advancement of agriculture or the mechanic arts, to scientific, literary,
educational or benevolent organizations or institutions and to public
libraries, provided such action 1s not prohibited by the Constitution of
the State, and that all such societies, organizations or institutions be
located in or near the town, and, provided, further, that no appropriation
for any such purpose shall be made, nor shall aid be otherwise granted
through exemption from charge for use of water or light facilities or
otherwise, either with or without charge, beyond the city limits, unless
two-thirds of all members elected to the council vote therefor.

(34) To acquire, by condemnation, purchase or otherwise, provide
for, maintain, operate and protect aircraft landing fields either within
or without the corporate limits of the town.

(35) 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, unsightly or unwholesome substance
or material to remain or accumulate thereon, the town may cause such
grounds to be filled, raised, or drained, or 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 control 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 non-
resident owners who have no agent in said town, such notice shall be
given by publication at least once a week for not less than four consecu-
tive weeks in any newspaper having general circulation in the town.

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

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

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

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

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

(41) To make and enforce ordinances, in so far as not prohibited
by the general laws of this State, to regulate, control, license and/or tax
the manufacture, bottling, sale, distribution, transportation, handling,
advertising, possession, dispensing, drinking and ‘the use of alcohol,
brandy, rum, whiskey, gin, wine, lager beer, ale, porter, stout, and all
liquids, beverages and articles containing alcohol by distillation, fermen-
tation or otherwise.

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

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

(44) Where, by provisions of this act, the town has authority to
pass ordinances on any subject, they may prescribe any penalty not ex-
ceeding twelve months in jail or a fine not exceeding five hundred dol-
lars, either or both, for a violation thereof, and may provide that the of-
fender, on failing to pay the penalty recovered and costs shall be im-
prisoned in jail or prison farm of the town for a term not exceeding
ninety days, which penalties may be prosecuted and recovered with costs
in the name of the Town of Wachapreague, or shall compel them to work
on the streets or other public improvements of the said town. The town
shall also have the right to establish 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 con-
victed of violations of State laws.

_ (45) To offer and pay rewards for the apprehension and conviction
of criminals.

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

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

(48) In so far as not prohibited by general law, to pass and enforce
all by-laws, rules, regulations and ordinances which it may deem nec-
essary 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 citizens or their property and
to do such other things and pass such other laws as may be necessary
or proper to carry into full effect, all powers, authority, capacity, or
jurisdiction, which is or shall be granted to or vested in said town, or in
the council, court, or officers thereof, or which may be necessarily incident
to a municipal corporation.

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

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

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

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

(53) To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, machinery and equip-
ment for any lawful purpose of the said town. '

(54+) To divert the channels of creeks and flowing streams and for
that purpose to acquire property by condemnation.

(55) In every case where a street in said town has been, or shall
be, encroached upon by any fence, building or otherwise, the town may
require the owner to remove the same, and if such removal be not made
within the time prescribed by the town, they may impose such penalty
as they may deem proper for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed, and
collect from the owner all reasonable charges therefor, with costs by the
same process that they are hereinafter empowered 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 encroachment, or to impose any penalty therefor.
No encroachment upon any street, however long continued, shall con-
stitute any adverse possession to or confer any rights upon the persons
claiming thereunder as against the said town.

(56) 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
sub-division 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 town 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.

(57) (a) No action shall be maintained against the town for
damages for any injury to any person or property alleged to have been
sustained by reason of the negligence of the town or any officer, agent,
or employee thereof, unless a written statement, verified by the oath
of the claimant, his agent or attorney, or the personal representative of
any decedent whose death is the result of the alleged negligence of the
town, its officers, agents or employees, of the nature of the claim and
the time and place at which the injury 1s alleged to have occurred or to
have been received, shall have been filed with an attorney, appointed by
the council for this purpose, within sixty days after such cause of action
shall have accrued, and no officers, agents or employees of the town shall
have authority to waive such conditions precedent or any of them. (b)
In any action against the town to recover damages against it for any
negligence in the construction or maintenance of its streets, alleys, lanes,
parks, public places, sewers, reservoirs or water mains, where any per-
son or corporation is liable with the town for such negligence, every
such person or corporation shall be joined as defendant with the town in
any action brought to recover damages for such negligence, and where
there is judgment or verdict against the town, as well as the other de-
fendant, it shall be ascertained by the court or jury which of the defend-
ants 1s primarily liable for the damages assessed. (c) If 1t be ascertained
by the judgment of the court that some person or corporation other than
the town is primarily liable, there shall be a stay of execution against
the town until such person or persons or other corporation or corpora-
tions shall have been returned without realizing the full amount of such
judgment. (d) If the town, where not primarily liable, shall pay the
said judgment in whole or in part, the plaintiff shall, to the extent that
said judgment 1s paid by the town, assign the said judgment to the town
without recourse on the plaintiff, and the town shall be entitled to have
execution issued for its benefit against the other defendant or defendants
who have been ascertained to be primarily liable, or may institute any
suit in equity to enforce the said judgment, or an action at law, or scire
facias to revive or enforce said judgment. (e) No order shall be made,
and no injunction shall be awarded, by any court or judge, to stay the
proceedings of the town in the prosecution of their works, unless it be
manifest that they, their officers, agents or servants are transcending the
authority given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately compensated
in damages.

(58) Except when prohibited by general law, the town may levy
a tax or a license on any person, firm or corporation pursuing or con-
ducting any trade, business, profession, occupation, employment or call-
ing whatsoever within the boundaries of the town, whether a license may
be required therefor by the State or not, and may exceed the State li-
cense, if any be required, and may provide penalties for any violation
thereof.

(59) 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.

(60) A lien shall exist on all real estate within the corporate limits
for taxes, levies and assessments in favor of the town, together with all
penalties and interest due thereon, assessed thereon from the commence-
ment of the year for which the same were assessed and the procedure
for collecting the said taxes, for selling real estate for town taxes and
for the redemption of real estate sold for town taxes shall be the same
as provided in the general law of the State to the same extent as if the
provisions of said general law were herein set out at length. The said
town and its treasurer shall have the benefit of all other and additional
remedies for the collection of town taxes which are now or hereafter
may be granted or permitted under the general law.

(61) All goods and chattels wheresoever found may be distrained
and sold for taxes and licenses assessed and due thereon; and no deed
of trust or mortgage upon goods and chattels shall prevent the same
from being distrained and sold for taxes and licenses assessed against the
grantor in such deed while such goods and chattels remain in the gran-
tor’s possession.

(62) Ordinances making the annual tax levy, appropriation ordi-
nances, 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. Ex-
cept as otherwise prescribed in this charter, all ordinances and resolutions.
passed by the council shall take effect at the time indicated in such ordi-
nances, but in event no effective date shall be set forth in any such ordi-
nance, resolution or by-law passed by the council, the same shall become
effective thirty days from the date of its passage.

(63) (a) There shall be set apart annually from the revenues of
the town a sinking fund sufficient in amount, to be invested as hereinafter
set forth, to pay the outstanding indebtedness of the town as it matures
and which by its terms is not payable in one year, and the council may
in its discretion annually from time to time, set aside such additional
sinking funds as may be deemed proper. (b) When taxes on real and
personal property are collected for the year, the town treasurer shall
take therefrom the necessary amount and any additional sum, if any,
so set apart, and deposit the same in a separate account to the credit of
the sinking fund in such bank or banks as the council may designate ; and
the said council may, if it shall so elect, cause its sinking fund to be
loaned on improved real estate situated in the Town of Wachapreague,
secured by first mortgage liens thereon, provided such funds shall not be
loaned to a greater amount than fifty per centum of the market value of
the property, and fire insurance shall be carried on the property during
the loan in an amount at least equal to the face amount of the loan, which
money shall be loaned at the rate of six per centum per annum, payable
semi-annually and for no longer than five years at any one time. (c) All
sinking funds shall be used exclusively in the payment or purchase and
redemption of the outstanding bonds of the town, and when such sinking
funds are not required or may not within a reasonable time be required
for payment of any bond of the town, or cannot be used to advantage in
the purchase and redemption of any bonds of the town which may be
outstanding, the same shall be securely invested in interest bearing
municipal, State or government bonds or loaned upon otherwise un-
encumbered real estate, within the Town of Wachapreague upon the
basis hereinbefore provided, or invested in any securities approved by
the general laws of the State for the investment of such funds, or de-
posited in a bank on a reasonable rate of interest. Such sinking fund may
be used in the payment or purchase and redemption of all bonds of the
town at the discretion of the council. (d) The town council shall act as
the sinking fund commission and shall provide for the investment, de-
posit and application of the funds in conformity to the provisions of this
charter ; and it may require of any bank or banks receiving on deposit its
revenues or any of its sinking fund security satisfactory to the council.
(64) Upon the death, resignation, removal or expiration of the
term of any officer of the town, the council shall order an audit and in-
vestigation to be made of the accounts of such officer and report to be
made to the council as soon as practicable. After the close of each fiscal
year an annual audit shall be made of the accounts of all town officers;
said audit shall be made by a qualified accountant, selected by the council,
who shall have no personal interest, direct or indirect, in the financial
affairs of the town or any of its officers or employees. The council may
at any time provide for an examination or audit of the accounts of any
officer or department of the town government.

(65) The council may appoint a trial justice for the said town who
shall serve for two years from the date of his appointment and until his
successor 1s appointed by the council and qualifies. The mayor, or any
other qualified voter of the Town of Wachapreague whom the council
deems qualified, may be appointed by it as such trial justice. If the
mayor is appointed as trial justice, he shall discharge such duties as the
trial justice of the town under this charter and not as the mayor of the
town, in addition to the execution of the duties of mayor imposed upon
him by this charter; and his powers, duties, authority and jurisdiction
as such trial justice shall be as hereinafter provided for the trial justice.
Should the mayor be appointed trial justice, he shall receive the salary
of mayor provided by the council for the discharge of his duties as mayor
as well as such salary of trial justice as may be provided by the council,
if any.

Said trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the Town of
Wachapreague, and in criminal matters for one mile beyond the corporate
limits thereof, which are, or may hereafter .be, conferred upon trial
justices by the laws of the State of Virginia, so far as the same may be
applicable and not in conflict with the provisions of this charter; and
any amendments of the trial justice laws of this State shall be considered
as amendments also of this section of this charter if the same are ap-
plicable hereto.

Fees and costs shall be assessed by the trial justice and shall be col-
lected as provided by the laws of the State of Virginia relating to trial
justices as the same shall now be or as hereafter amended. All fees and
costs collected by the said trial justice and all fines collected for violations
of all laws and ordinances of the town shall be paid into the town treasury
for the use and beneft of the town.

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the circuit court of Accomack county in the
same manner, upon the same terms and shall be tried in the same way
as removals, or as appeals from the decision of trial justices, as the case
may be, are provided to be taken and tried by the laws of the State of
Virginia, relating to trial justice as the same shall now be or as here-
after amended.

The council mav also appoint such clerk or clerks as mav in their
discretion be necessary, provide for Just compensation therefor and pro-
vide necessary records.
The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council
shall deem proper, and the council may provide also for a vacation
period, either with or without pay, and for such duration, as in the
judgment of the council may be proper.

Like provisions may be made for a substitute justice, and when
such substitute acts, he shall receive the compensation which would
have been paid him had the principal acted, and which compensation shall
be deducted from the salary or allowance made to the principal.

Nothing contained herein shall prevent the Town of Wachapreague
from combining with the County of Accomack for the use of one trial
justice and one substitute trial justice for such combined town and
county, in such manner as may be provided by the laws of the State
of Virginia relating to trial justices; and if the Town of Wachapreague
and County of Accomack shall at any time combine for the use of one
trial justice and one substitute trial justice for the said town and the said
county, the laws of the State of Virginia relating to trial justices, so far
as applicable, shall control and not this section of this charter; provided,
however, that the combination of the said town with the said county for
the use of one trial justice and one substitute trial justice shall not pre-
vent the council of the town at any time thereafter it shall desire so to do
from withdrawing the Town of Wachapréague from such combination
by a vote of the council and appointing a trial justice and a substitute
trial justice for the Town of Wachapreague under the provisions of this
charter, notwithstanding anything in the trial justice laws of Virginia to
the contrary; and likewise nothing herein contained shall prevent the
town, after withdrawing from such combination, to adopt again the
combination with the county.

The powers and jurisdiction provided for in this subsection sixty-
five (65) of this act as to matters other than those pertaining or relating
to violations of ordinances of the town may be exercised only to the ex-
tent permitted by general law.

(66) The town shall have the power to extend or contract the
corporate limits of the town as provided by the Constitution and general
laws of Virginia in force at the time.

(67) The Town of Wachapreague shall have authority to impose
taxes or assessments upon abutting landowners for making and improv-
ing the walkways upon then existing streets, and improving and paving
then existing alleys, and for either the construction, or for the use of
sewers, and the same when imposed, shall not be in excess of the peculiar
benefits resulting therefrom to such abutting landowners; and the pro-
cedure for making such assessments and the method of collecting such
taxes and assessments, shall be in accordance with general law.

(68) The council hereinafter created shall have full power and
authority, except as herein otherwise specifically provided, to exercise
herein all the powers conferred upon the town, and pass all laws and
ordinances relating to its municipal affairs, subject to the Constitution
and general laws of the State and of this charter, and shall have full and
complete control of all fiscal and municipal affairs of said town and all
of its real and personal properties, and may from time to time amend,
re-amend and/or repeal any or all of the said ordinances, for the proper
regulation, management, and government of the said town and may im-
pose fines and penalties for the violation or non-observance thereof.

(69) The enumeration of specific powers, privileges, and authority
in this charter shall not be deemed exclusive, but in addition to the pow-
ers and privileges herein mentioned, implied or appropriated, the said
town shall have and may exercise, all other powers, which are or may
hereafter be, possessed, or enjoyed, by any towns under the Constitution
and laws of the Commonwealth of Virginia, or not denied by the same,
as fully and completely as if herein set out at length.

CHAPTER III

Section 1. 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 adop-
tion of the town plan, or any amendment thereto, a certificate to that ef-
fect, together with a plat, shall be filed immediately with the clerk of
every county affected by such town plan and amendment.

Section 2. 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 3. 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 amendment 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, un-
less 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 highway, 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
chapter.

Section 4. 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 re-
ferred until a report has been received from the commission, 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 commis-
sion shall hold a public hearing thereof. If any plat is disapproved by
the commission, it shall report the reasons for 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 condi-
tions 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 recrea-
tional uses; but the inclusion of such open spaces upon a plat does not
require their dedication 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.

Section 5. (a) Before approving such plat, and thereby accepting
the dedication 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 on 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 Wachapreague
a release and waiver of any claim or claims for damages which such own-
er, his heirs, successors or assigns may have or acquire against the Town
of Wachapreague 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 Wachapreague 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 Accomack 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 lines are laid on such profiles,
the profiles shall be approved by the council and recorded by the own-
er or at his expense in the record of the profiles of the streets and allevs
of the town, and the council may, in its discretion, require such release
and waiver to be made with reference thereto.

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

Section 6. 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 herein, by a majority vote of all of 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 possi-
ble the cost of opening such street or highway, and will protect as far as
possible the rights of the public and the integrity of the town plan. The
board of appeals, hereinafter authorized, before taking any action under
the provisions of this section, shall hold a public hearing, of which ade-
quate 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 7. 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 build-
ing 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
building does not require its location to be adjacent to a street or high-
way, 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 deen
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 sur.
rounding area. Any decisions of the board of appeals, rendered unde:
the provisions of this section, shall be subject to the same court review
as provided for zoning decisions of the board.

CHAPTER IV

Section 1. For the purpose stated in chapter one hundred ninety
seven of the Acts of Assembly, approved March eighteenth, ninetee:
hundred twenty-six, the town council is hereby empowered to pass zonin;
ordinances in conformity with the said act, as amended, subject, how
ever, to the following modifications thereto :

(a) The council shall not adopt any zoning ordinance or map un
til it shall have appointed a town planning commission, as provided fo
in this act and shall have received from said commission its recommen
dations as to a zoning oardinance and man and shall have held a nahi:
(b) Any zoning ordinance, regulations, restrictions, and boundaries
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 in-
cluded 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 vote 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 re-
port 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 ordinance
and map, the council shall appoint a board of appeals, consisting of five
members, none of whom shall hold any other positions with the town.

The council may remove any member of the board for cause, after a
public hearing. If a vacancy occurs otherwise than by the expiration 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 a 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
inay employ such persons as the council may approve, and may expend
such sums as are appropriated by the council for its work.

CHAPTER V
ADMINISTRATION AND GOVERNMENT

Section 1. (a) The present mayor and council of the Town of
Wachapreague shall continue in office until the expiration of the terms
of which they were respectively elected.

(b) The administration and government of the Town of Wacha-
preague shall be vested in one body to be called the council of the Town
ot Wachapreague which shall consist of seven (7) members, six (6) of
whom shall be known as councilmen and one to be known as mayor, all
of whom shall be residents and qualified voters of the said town. The
council may create, appoint, or elect such departments, bodies, boards,
and other officers, or assessors or attorneys, as are hereinafter provided
for, or as are permitted, or required by law to be appointed by the coun-
cil, or as may be deemed necessary or proper, and may fix their compen-
sation and define their duties.
Section 2, (a) 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,
consistent with his office. He shall be recognized as the official head of
the town for all ceremonial purposes, by the courts for the purpose of
serving civil process, and by the Governor for military purposes. In
time of public danger or emergency, he may take command of the
police, maintain order and enforce the law. Such course of action shall
be subject to review by the council.

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 to vote
and his vote in case of a tie only shall have the same weight and effect as
the vote of a councilman.

The mayor shall have no power to suspend, remove or discharge
any officer, agent or employee of the town nor shall he have any power or
authority to appoint or employ any officer, agent or employee of the
town nor to fix. the term of office or employment, or the compensation,
or to increase or decrease the power and authority of any officer, agent,
or employee of the town, unless such power shall have been given him by
the council, but the mayor shall have such powers with respect to the
chief of police, the police, the policemen and employees of the police force
when and 1f the mayor is given the control and supervision of the chief
of police.

(b) Every ordinance, or resolution having the effect of an ordi-
nance, shall, before it becomes operative be presented to the mayor. If
he approve, he shall sign it, but if not, he may return it, with his objec-
tions in writing, to the town clerk who shall enter the mayor’s objections
at length on the minute book of the council. The council shall thereupon
proceed to reconsider such ordinance or resolution. If, after such con-
sideration, two-thirds of all the members elected to the council shall agree
to pass the ordinance or resolution, it shall become operative notwith-
standing the objection of the mayor. In all such cases the votes of mem-
bers of the council upon such reconsideration shall be determined by
“yeas” and “nays’, and the names of the members voting for and against
the ordinance or resolution shall be entered on the minute book of the
council. If any ordinance or resolution shall not be returned by the mayor
within five days (Sunday excepted) after it shall have been presented to
him, it shall become operative in like manner as if he had signed it, un-
less his term of office or that of the council, shall expire within said five
days.

(c) The council shall at its first meeting after the effective date of
this act choose one of its members as vice-mayor who shall serve until
August thirty-first, nineteen hundred forty-six ; and at its first meeting
in September, nineteen hundred forty-six, and biennially thereafter fol-
lowing 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, re-
moval or resignation of the mayor, the council shall choose one of the
councilmen or some other qualified voter of the Town of Wachapreague
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 Wachapreague 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 qualification as
mayor and his office of councilman shall thereupon be vacant. The
vacancy thereby created in the council shall be filled by the council.

The member of the council who shall be chosen vice-mayor shall
continue to have all of the rights, privileges, powers, duties and obliga-
tions of councilman even when performing the duties of mayor during
the absence or disability of the mayor of the town.

THE COUNCIL

Section 3. (a) At the regular municipal election to be held in the
town on the second Tuesday in June in the year nineteen hundred forty-
six, and every two years thereafter, there shall be elected, in the manner
prescribed by law, six councilmen and a mayor for terms of two years
beginning on the first day of September next succeeding their election,
each of whom shall serve until his successor shall have been elected and
qualified. The council shall be a continuing body, and no measure
pending before such body shall abate or be discontinued by reason of ex-
piration of the term of office or removal of the members of said body or
any of them. Vacancies in the council by any officer therein shall be
filled within thirty days after such vacancy occurs for the unexpired
term by a majority vote of the remaining members, except where other-
wise inconsistent with the provisions of this charter.

(b) 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 request of the mayor, or any three members of the council and
all meetings shall be open to the public, except when the public welfare
shall require executive sessions.

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 unexpired
term shall be filled according to the provisions of this act.

TOWN CLERK

Section 4. The town clerk shall be appointed by the council, and
shall attend the meetings of the council and shall keep permanent records
of its proceedings; he shall be custodian of the town seal and shall affix
it to all documents and instruments requiring the seal, and shall attest the
same ; he shall keep all papers, codes, documents, and records pertaining
to the town, the custody of which is not otherwise provided for in this
charter; he shall give notice to all parties, presenting petitions, or com-
munications to the council of the final action of the council on such
communications or petitions; he shall give to the proper department or
officials ample notice of the expiration or termination of any franchise,
contracts or agreements; he shall publish such reports and ordinances
as the council is required to publish, and such other records and ordi-
nances as it may direct; he shall upon final passage transmit to the proper
departments or officials copies of all ordinances or resolutions of the coun-
cil relating in any way to such departments or to the duties of such off-
cials, and he shall perform such other acts and duties as the council may,
from time to time, allow or require.

Town TREASURER

Section 5. (a) The town treasurer shall, before entering upon the
duties of his office, give bond with sufficient surety to be approved by
the council, in a penalty of such amount as may be fixed by the council
from time to time, payable to the Town of Wachapreague, conditioned
for the true and faithful performance of the duties of his office. ‘The
treasurer shall be responsible for the collection of all taxes, licenses and
levies and charges for services furnished by the public utilities of a town.
The council shall have authority to place in the hands of a town collec-
tor to be appointed by it, the collection of any taxes, licenses and other
levies at any time if in the discretion of the council it shall be proper
so to do.

(b) The town treasurer shall receive all moneys belonging to the
town which it 1s his duty to collect from persons owing the same to the
town, or which it 1s the duty of other officers of the town to collect and
pay over to him, and pay the same out as the ordinances of the town may
prescribe; to keep such moneys safely and account therefor: and to pay
all drafts or orders made on him in conformity with the ordinances of the
town.

(c) The funds of the town shall be deposited by the treasurer in
such bank or banks as the council may direct, and such bank or banks
may be required to give security in such sum or sums as the council shall
fix. He shall keep books showing accurately the state of his accounts
and the money of the town shall be kept distinct and separate from his
own money and he 1s hereby expressly prohibited from using directly or
indirectly the town’s money, checks or warrants.in his custody and keep-
ing for his own use and benefit, or that of any person or persons whom-
soever, and any violation of this provision shall subject him to immediate
removal from office.

(d) The books and accounts of the town treasurer and all papers
relating to the accounts and transactions of the town, shall be at all times
subject to the inspection of the mayor, the town council, and such other
persons as the council may appoint, to examine the same, and all such
books and accounts, together with any balance or moneys on hand, shall
be transferred by the treasurer to his successor at every new appointment.
or delivered up as the council may at any time require.

(e) The town treasurer shall, when required by the council, ren-
der an account to the council showing the state of the treasury and the
balance of money on hand. He shall also, if required so to do by the
council, accompany such account with a statement of all money received
by him and on what account, with a list of all checks paid by him dur-
ing the month then closed, and shall furnish such other information, ac-
counts and statements as the town council may direct.

({) The town treasurer shall annually submit to the town council.
at such times as directed by the council, a full and detailed account of
all receipts and disbursements made during the fiscal year just closed.

(g) All taxes, levies or other sums of money of whatever nature
received by the town treasurer belonging to the Town of Wachapreague
shall be credited by the treasurer on his books to the Town of Wacha-
preague and shall be paid out by him only on a warrant of the clerk of
the council, countersigned by the mayor.

(h) The treasurer shall keep a separate account of each fund and
appropriation and the debts and credits belonging thereto; pravided.
however, that the council shall have the right to require all town funds
to be deposited to the credit of the town and may prescribe by resolu-
tion or ordinance such other method of disbursement as it shall from
time to time deem proper.

(i) All moneys received on all special assessments shall be held
by the treasurer as a special fund, to be applied to the payment of the
matter for which the assessment was made and said moneys shall be used
for no other purpose.

(j) The treasurer shall perform such additional duties as may be
required of him by the council not inconsistent with the laws of the
State.

(k) The town treasurer shall receive for his services such compen-
sation, if any, as the council may deem proper.

TOWN SERGEANT

Section 6. There shall be appointed by the council a town sergeant
who shall qualify and give bond in such amount as the council may re-
quire. He shall be vested with powers of a conservator of the peace, and
shall have the same powers and discharge the same duties as a constable
within the corporate limits of the town and to a distance of one mile
beyond the same, and shall perform such other duties as may be from
time to time prescribed by the council.

Town OFFICERS—GENERAL

Section 7. (a) The town council may combine offices when not
expressly prohibited, except that the assessing and collecting officers
shall not be the same person.

(b) 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.

(c) If any person, having been an officer of such town, shall not
within ten days after he shall have vacated. or removed from office, anc
upon notification or request of the clerk of the council, or within such
time thereafter as the town council shall allow, deliver over to his suc-
cessor 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
be guilty of a misdemeanor, punishable by a fine of not more than two
hundred and fifty dollars, or by imprisonment for not more than six
months, either or both, and all books, records, and documents used in
any such office by virtue of any provision of this act, or of any ordinance
or order of the town, council, or any superior officer of the said town,
shall be deemed the property of the said town and appertaining to said
office, and the chief officer thereof shall be responsible therefor.

(d) 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 laws of this State concerning town officers.

(e) The Town of Wachapreague and the officers thereof, elected
or appointed in accordance with the provisions of this act, shall be clothed
with all the powers, and be subject to all the provisions of law not in
express conflict with the provisions of this act.

(f{) The mayor, the town councilmen, the town sergeant and the
members of the police force of the town shall have jurisdiction, power
and authority in criminal and police matters for one mile from the cor-
porate limits of the said town.

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

(h) All officers selected or appointed under the provisions of this
charter shall take the oath of office required by general laws before enter-
ing upon the discharge of his duties, and if these requirements have not
been complied with within thirty days after the term of office shall have
begun or after his appointment to fill a vacancy, then such office shall
be considered vacant.

CHAPTER VI
GENERAL PROVISIONS

Section 1. The mayor, town clerk and town treasurer shall have
power to administer oaths, and to take and sign affidavits in the dis-
charge of their respective official duties.

Section 2. 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.
Any person refusing or failing to attend or to testify or to pro-
duce such books and papers may, by summons issued by such officer or
board or the town council, be summoned before the mayor of said town
by the board, official, or council making such investigation and upon
his 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 ap-
peal to the circuit court of Accomack county. Any person who shall
give false testimony under oath at any such investigation. shall be lable
to prosecution for perjury.

Section 3. The plan of government provided by this charter may be
changed to any other plan provided for the government of incorporated
towns in the manner provided by general law therefor ; and if and when
the Town of Wachapreague shall become a city of the second class in the
manner provided by general law, the plan of government provided by
this charter shall continue so far as applicable, but such plan of gov-
ernment may be changed to any other plan provided for the govern-
ment of cities of the second class at any time in the manner provided
by general law.

Section 4. All contracts and obligations heretofore or hereafter
made by the council of the Town of Wachapreague, while in office, not
inconsistent with this charter, or the Constitution, or the general laws
of this State shall be, and are hereby declared to be valid and legal.

Section 5. All ordinances now in force in the Town of Wacha-
preague, not inconsistent with this charter shall be and remain in force
until altered, amended or repealed by the council of the said town.

Section 6. Vacancies in all elective or appointive offices may be
filled by a majority vote of the council. No appointive officer shall be
elected for a term longer than two years at one time. But this provision
shall not prevent the council from electing such officer for as many un-
expired or full terms as the council may desire. A vacancy in the elec-
tive offices of the town may be filled by the council until the next muni-
cipal election only, regardless of the term of such elective officer, at
which time the person or persons, as the case may be, receiving the high-
est number of votes at the regular municipal election shall fill the full
unexpired terms of such elective officer. In the event there are no or
not sufficient candidates at any regular municipal election to fill the offices
of council or mayor, the council 1s hereby empowered to fill such vacan-
cies.

Section 7. 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, said judgment shall not affect, impair or invalidate the re-
mainder of the said act, but shall be confined in its operations to the
clause, sentence, paragraph or part thereof directly involved in the con-
troversy in which said judgment shall have been rendered.

Section 8. This act may for all purposes be referred to or cited as
the Wachapreague Charter of nineteen hundred forty-six.

2. All acts or parts of acts in conflict with this charter, in so far
as they affect the provisions of this charter, and all former charters and
amendments thereto for the Town of Wachapreague, Vi irginia, are hereby
repealed.
3. An emergency exists and this act is in force from its passage.