Chap. 370.—An ACT to provide a new charter for the Town of Middletown, in
Frederick County, Virginia; and to repeal all acts or parts of acts in conflict
herewith. H B 369]

Approved March 28, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. The inhabitants of the territory embraced within
the present limits of the Town of Middletown, in Frederick County,
Virginia, as hereinafter defined, or as the same 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 Middletown, and
as such shall have and may exercise all powers which are now, or may
hereafter be, conferred upon or delegated to towns under the Constitution
and laws of the Commonwealth of Virginia as fully and as completely as
though such powers were specifically enumerated herein, and no enumera-
tion of particular powers herein shall be held to be exclusive. The ter-
ritory embraced within the present limits of the Town of Middletown is
described by metes and bounds as follows:

Both sides of the main street, beginning at the Valley turnpike
toll-house property, on west side, and C. E. Sperry’s on east side, and
extending southwest to the property of Isac Rhodes, on both sides of
said street, and including all said properties; both sides of west back
street, beginning at the property of E. E. Riding’s, on east side, and
Doctor Davidson’s on west side, and extending southwest to the end of
the original plan of said town, in the Property of Isac Rhodes, on a line
with the ending of Main street, as above, including all of E. C. Riding’s
property and Doctor Davidson’s residence, and so forth, to the alle
west; both sides of east back street, beginning at the property of J. q
Guyer, and including the same, on the east side, and A. Jenkins, on west
corner, and extending southwest, to embrace the residence and grounds
thereof of A. N. Bragg, the several cross streets are now open or here-
after opened, and the alleys parallel with the first-named three streets, all
as per original plan of town. .

Section 2. The administration and government of the Town of
Middletown shall be vested in one body to be known as the council of
the Town of Middletown, which said body shall consist of seven mem-
bers, six 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 town.
Each member of the Council may receive a salary for his services as such
member, the amount thereof to be fixed by the Council, but such sala
shall not be in excess of One Hundred Dollars ($100) per year for each
such member. The Council may create, appoint or elect such boards,
bodies, departments or officers as may be permitted, required, or deemed
necessary or proper, and fix their compensation and define their duties.

Section 3. (a) At the regular municipal election to be held 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 following their election, each of whom shall
serve until his successor shall have been elected and qualified. The coun-
cil shall be a continuing body, and no measure pending before such body
shall abate or be discontinued by reason of expiration of term of office or
removal of any of the members. Vacancies in the council shall be filled
for the unexpired term by a majority vote of the remaining members.
The present mayor and council shall continue in office until the expira-
tion of the term for which they were respectively elected.

(b) The council shall, by ordinance, fix the time for their regular
meetings. Special meetings shall be called by the clerk of the council
upon request of the mayor or any three councilmen; reasonable notice
of each special meeting shall be given each member of the council ; no
business shall be transacted at a special meeting except that for which
the special meeting is called, unless the council be unanimous.

Section 4. The council shall appoint a clerk, a treasurer and such
other officers as the council may deem necessary or proper, all of whom
shall hold office at and during the pleasure of the council, and shall qualify
for their respective offices as required by law, and shall furnish such
bonds as may be required by council. The officers so appointed by the
council shall perform such services, and receive such compensation, as
the council may provide.

Section 5. The council shall appoint a town sergeant who shall
qualify and give bond in such amount as the council may require. The
sergeant shall be vested with the powers of a conservator of the peace,
and shall have the same powers and perform the same duties within the
corporate limits of the Town, and to a distance of one mile beyond, as
are now or were formerly had and performed by constables. He shall
perform such other duties, and receive such compensation, as the council
may provide.

Section 6. 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 entitled to vote upon measures pending before the
council only in event the other members voting are equally divided for
and against such measure. He shall be ex-officio a conservator of the
peace within the Town and within one mile of the corporate limits there-
of. He shall see that peace and order are preserved and that persons and
property within the Town are protected. He shall perform such other
services and functions as may be necessary or proper, and shall receive
such compensation as may be provided by the council.

Section 7. All contracts and obligations heretofore or hereafter
made by the council of the Town of Middletown, while in office, not in-
consistent 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 8. In addition to the powers elsewhere enumerated in this
charter and the powers conferred by general law and the Constitution,
the Town of Middletown shall have the following powers:

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

(2) To impose special or local assessments for local 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) 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 issued, as
evidence thereof, bonds, notes or other obligations, within the limitations
prescribed by the Constitution, and in accordance with the provisions
of law concerning bond issues by towns, 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 obliga-
tions 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 bor-
row money temporarily and to issue notes or other evidences of indebted-
ness 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.

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

(5) To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate 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.

(6) 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 corporate
limits of said town, for the distribution of water to its customers and con-
sumers, both within and without the corporate limits of the said town
and to charge and collect water rents thereof; to erect and maintain all
necessary dams, pumping stations and other works in connection there-
with; to make reasonable rules and regulations for promoting the purity
of its said water supply and for protecting the same from pollution; and
for this purpose to exercise full police powers and sanitary control over all
land comprised within the limits of the water shed tributary to any such
water supply wherever such lands may be located in this State; to im-
pose and enforce adequate penalties for the violation of any such rules
and regulations; and to prevent by injunction any pollution or threatened
pollution of such water supply, and any and all acts likely to impair the
purity thereof; and to carry out the powers herein granted, the said town
may exercise within the State all powers of eminent domain provided by
the laws of this State. .

(7) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to make reasonable charges there-
for ; 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 col-
lection and disposal thereof.

(8) 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.

(9) 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

(10) 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.

(11) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
sewage disposal plants, jails, comfort stations, markets, and all buildings
and structures 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 neces-
sary 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 the said town and situate beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid by con-
demnation or otherwise.

(12) 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, playgrotinds, 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 for a distance of one mile
from the limits thereof; and to do all other things whatsoever adapted
to make said streets and highways safe, convenient and attractive.

(13) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadium, swimming pools,
gyninasia, and recreation or amusement buildings, structures, or inclos-
ures of every character, refreshment stands, restaurants, et cetera; to
charge admissions, and use of the same, and to rent out or lease ‘the
privileges of construction or using such stadiums, swimming pools, rec-
reation or amusement buildings, structures, or inclosures of every char-
acter, refreshment stands, or restaurants, et cetera.

(14) 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 own-
er or owners, water and sewage rates and charges directly against the
owner or owners of the buildings or against the proper tenant or tenants ;
and in event such rates and charges shall be assessed against a tenant
then the council may by ordinance, require of such tenant a deposit of
such reasonable amount as it may by such ordinance prescribe before fur-
nishing such service to such tenant.

(15) 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 con-
nection with and using the same.

(16) Subject to the provisions of the Constitution and general laws
of Virginia and this charter to grant franchises for public utilities ; pro-
vided, however, the town shall at any time have the power to contract 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 not-
withstanding.

(17) 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.

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

(19) 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 recon-
structed any building, structure or addition thereto which by reason of
dilapidation, defect of structure or other causes may have become dan-
gerous 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 within such
limits shall be constructed of stone, natural or artificial, concrete, brick,
iron or other fireproof materials; and may enact stringent and efficient
laws for securing the safety of persons from fires in halls and buildings
used for public assemblies, entertainments or amusements.

(20) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gun powder,
nitroglycerin, fireworks, kerosene oil or other like materials; to regulate
the exhibition of fireworks, the discharge of fire arms, and the making
of bonfires in the streets and yards.

(21) 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 business
sections in keeping with the majority of the business houses therein.

(22) 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 1s adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without liability
to the owner thereof; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally; to
provide and regulate hospitals within or without the town limits, and
if necessary to the suppression of disease, to enforce the removal of per-
sons afflicted with contagious or infectious diseases to hospitals provided
for them; to construct and maintain or to aid in the construction and
maintenance of a hospital or hospitals for the use of the people of the
town ; to provide for the organization ofa department or bureau of health,
to have the powers of a board of health for said town, with the authority
necessary for the prompt and efficient performance of its duties, with the
power to invest any or all the officials or employees of such department
of health with such powers as the police officers of the town have, to 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 laws of the State and of the United States ;
and to provide for a bureau of vital statistics and require physicians, mid-
wives or parents to make reports thereto.

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

(24) 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.

(25) 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 dan-
gerous or annoying to passersby, and to prohibit and punish the abuse of
animals.

(26) 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 therein as
may be necessary for the general welfare.

(27) 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.

(28) To exercise full police powers and establish and maintain a de-
partment or division of police.

(29) To restrain and punish drunkards, vagrants and street beg-
gars, to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and pun-
ish 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.

(30) 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, adver-
tising, possession, dispensing, drinking and use of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer; ale, porter, stout, and all liquids,
beverages and articles containing alcohol by distillation, fermentation
or otherwise.
(31) To prohibit and punish for mischievous, wanton, or malicious
damage to school and public property, as well as private property.

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

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

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

ation.

(35) In so far as not prohibited by general law, to pass and enforce
all by-laws, rules, regulations and ordinances which it may deem neces-
sary 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 jurisdic-
tion, which 1s or shall be granted to or vested in said town, or in the coun-
cil, court, or officers thereof, or which may be necessarily incident to a
municipal corporation.

(36) To do all things whatsoever necessary or expedient and law-
ful to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or 1n-
dustries of the town or its inhabitants.

(37) To prescribe and enforce any penalty for the violation of any
town ordinance, rule, or regulation or of any provision of this charter,
not exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both.

(38) 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 expedient.

(39) 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.

(40) 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 calling
whatsoever within the boundaries of the town, whether a license may be
required therefor by the State or not, and may exceed the State license,
if any be required, and may provide penalties for any violation thereof.

(41) 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 for 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.

(42) 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. °

(43) 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 ad-
ministrative 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-
nances, resolution or by-laws passed by the council, the same shall become
effective thirty days from the date of its passage.

(44) The Town of Middletown may levy a tax on all subjects of
taxation not prohibited to it by, nor exempted in, the Constitution and
general laws of Virginia.

Section 9. 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 said act, but shall be confined in its operation to the part of
the act directly involved in the controversy in which said judgment shall
have been rendered.

Section 10. This act may be referred to or cited as the Middletown
Charter of nineteen hundred and forty-six.

2. All acts or parts of acts in conflict with the provisions of this
charter, in so far as the operation of this charter is affected, and all for-
mer charters and amendments thereto for the Town of Middletown, are
hereby repealed.

3 An emergency exists and this act is in force from its passage.