Chap. 3.—An ACT to provide a new charter for the City of Waynesboro, Vir-
ginia; to establish courts of justice and officers therefor; to provide for con-
tinuation of certain ordinances; and to repeal Chapter 482 of the Acts of
Assembly of 1928; approved March 26, 1928, and all acts amendatory Here

Approved February 11, 1948

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

1. Section 1. That there is hereby established the City of
Waynesboro, Virginia, which is declared to be a city of the first
class, and a new charter is hereby provided for the City of Waynes-
boro in the form and manner following:

Section 2. Contracts and exercises of power of present council
legal and valid—AII contracts and obligations of the Town of

Waynesboro heretofore made by the present council and government
by them, while in office, not inconsistent with this charter and the
general laws and Constitution of the State, shall be and are hereby
declared to be valid and legal obligations of the City of Waynesboro.

Section 3. The city corporate-——The inhabitants of the City of
Waynesboro, Virginia, as its limits are or hereafter may be estab-
lished, shall be a body, politic and corporate, to be known and
designated as the City of Waynesboro, and as such shall have and
may exercise all powers which are now or hereafter may be con-
ferred upon or delegated to cities under the Constitution and laws
of the Commonwealth of Virginia as fully and completely as though
said powers were specifically enumerated herein, and no enumera-
tion of particular powers by this charter shall be held to be exclusive.

Section 4. The territory contained within the limits of said city
shall be as follows, to-wit:

“Beginning at a concrete monument at the intersection of the
south right-of-way line of the Jefferson Highway, U. S. Route 250,
and the west property line of Mondomaine Subdivision, said point
being 9318 feet, as measured in a northwesterly direction along the
center line of the Jefferson Highway from the point of intersection
of Main Street and Wayne Avenue, thence crossing the Jefferson
Highway N. 31° 18’ E., 60.28 feet to a point in the north right-of-way
line of the said Jefferson Highway; thence with the north right-of-
way line of the above mentioned highway for the following two
courses; S. 66° 36’ E., 462.29 feet to a point, and S. 67° 48’ 30” E.,
890.20 feet to a point: thence leaving the north right-of-way line
of the Jefferson Highway N. 22° 11’ 30” E., 1103.30 feet to a point
on the Theodore Alphin farm; thence N. 74° 03’ E., 13455.58 feet,
crossing the lands of Alphin, MacPherson, Dodd, Lamb, the Chesa-
peake and Ohio Railway, the Lutheran Parsonage property, the
White Bridge Road, the Barger and Branaman Orchard, the New
Hope-Hermitage Road, and the lands of Crutchfield, Bush, and Rit-
chie, passing the Ritchie farmhouse at approximately 160 feet north;
thence continuing by the same bearing of N. 74° 03’ E., crossing
Port Republic Road, the South River, and a portion of Valley Air-
port, and lots 10 and 9 of Winetown Subdivision to a point in the
west right-of-way line of the Norfolk and Western Railway ; thence
with said west right-of-way line N, 32° 14’ E., 725.38 feet to a point
at the intersection of the west right-of-way line of the Norfolk and
Western Railway and the north line of a 60 foot street, entrance
to Valley Airport; thence with said north line of the aforementioned
60 foot street S. 82° 31’ E., 758.19 feet toa point west of the westerly
right-of-way line of the Eastside Highway, State Route 12; thence
S. 49° 09’ 30” F., 76.32 feet crossing said Eastside Highway to a
point east of the easterly right-of-way line of the aforementioned
Eastside Highway; thence S. 51° 16’ E., 341.72 feet, following the
north line of a 15 foot roadway to a concrete monument; thence
continuing with said north line of roadway S. 53° 39’ 30” E., 465.25
feet to a point, corner to G. C. Bell; thence with the east line of Bell
S. 20° 18’ W., 161.70 feet to a point; thence continuing with said
east line of Bell S. 17° 42’ W., 201.00 feet to a point, corner to Bell
and Dickerson; thence with the east line of Dickerson S. 8° 47’ W.,
123.50 feet to a point, corner to Dickerson and Fitzgerald; thence
with the east line of Fitzgerald, Hitt and Jordan S. 17° 02’ W., 911.76
feet to a point in the north line of a 30 foot street in the Gardner-Frye
Addition ; thence with said north line of 30 foot street S. 73° 07’ E.,
30 feet to a point in the east line of another 30 foot street; thence
with the east line of the last named thirty foot street S. 17° 10’ 30”
W., 1512.94 feet to a point; thence S. 51° 41’ E., 1486.01 feet to a
point ; thence S. 30° 45’ W.., 153.88 feet to a point in the northeast cor-
ner of the Gardner-Frye Addition; thence continuing with the east
line of the said Gardner-Frye Addition and by the same bearing of
S. 30° 45’ W., 642.39 feet to a point on the original North Corpora-
tion line of the Town of Basic City as established by D. C.
Humphreys, C. E., November Ist, 1890, for the Basic City Mining
Manufacturing and Land Company; thence with the original cor-
poration line of Basic City, as established by the aforementioned D.
C. Humphreys, C. E., for the following six courses: S. 59° 01’ E.,
2329.45 feet to a point; S. 29° 28’ 30” W., 1769.34 feet to a point;
S. 60° 49 30” E., 940.50 feet to a point; S. 43° 26’ 30” W., 1646.70
feet to a point ; S. 47° 36’ 30’ W., 900.90 feet to a point ; S. 54° 36’ 30”
W., 1205.57 feet to a point in the east right-of-way line of the Chesa-
peake and Ohio Railway, said line also being the east property line
of the Gravel Bed Tract; thence with the said east right-of-way line
S. 11° 29 30” W., 1972.65 feet to a concrete right-of-way monument;
thence leaving the said east right-of-way line S. 2° 17’ 30” W., 650.62
feet to a point; thence S. 5° 39’ E., 698.88 feet to a point; thence S.
® 17’ E., 727.43 feet to a point; thence S. 29° 07’ 30” E., 361.96 feet
to a point; thence S. 19° 06’ E., 480.81 feet to a point; thence S. 50°
1Y W., 789.90 feet, crossing over the right-of-way of the Chesapeake
and Ohio Railway and the Jefferson Highway, U. S. Route 250, to
a point in the south right-of-way line of said highway ; thence cross-
ing the lands of Scott, Jordan, and the Rose Cliff Company by the
following courses: N. 66° 40’ W., 4006.09 feet to a point; thence N.
58° 45” 30” W., 594.69 feet to a point; thence N. 59° 25’ W., 167.83
feet to a point; thence S. 78° 57’ 30” W., 5072.62 feet, passing the
city Reservoir Lot at approximately 40 feet south, to a point; thence
S. 68° 49” 30” W., 447.05 feet to a point; thence N. 50° 02’ 30” W.,
983.65 feet, crossing the secondary highway, State Route 624,
and the right-of-way of the Norfolk and Western Railway to a point
in the north line of said right-of-way, a corner to Armentrout and
Union Apple Company; thence with the division line between
Armentrout and the Union Apple Company N. 19° 17’ W., 352.21
feet to a point; thence by a line paralleling the town’s Coyner
Spring Force Main, at a distance of 40 feet south, as measured at
right angles therefrom, S. 89° 53’ W., 2600.87 feet, crossing South
River and the lands of Union Apple Company, to a point in the
division line between the Union Apple Company and the Philip
Coiner estate; thence with the division line of Union Apple Com-
pany, and the Grooms and Coiner estates, N. 35° 40’ W., 812.93
feet to a point in the south right-of-way line of the Lyndhurst Road,
a corner to the Grooms and Coiner estates, thence N. 30° 31’ W.,
419.82 feet to a point, corner to Union Apple Company and B. S.
Hewitt; thence with the division line between Union Apple Com-
pany and B. S. Hewitt N. 31° 03’ W., 950.65 feet to a point; thence
continuing with the said division line N. 56° 13’ 30” E., 668.36 feet
to a point, thence with the division line between B. S. Hewitt and
the Benjamin Coyner estate N. 33° 47’ W., 379.53 feet to a point;
thence continuing with said Hewitt-Coyner division line N. 34° 45’
30” W., 2171.19 feet to a point, a corner to the Pratt and Coyner
estates; thence with the division line between the Pratt and Coyner
estates S. 77° 30’ E., 722.03 feet to a point; thence continuing with
the said Pratt and Coyner division line, and crossing the Waynes-
boro-Stuarts Draft Road, State Route 12, N, 11° 45’ E., 3279.32 feet
to a point, said point being the southeast corner of Mondomaine
subdivision; thence with the south line of Mondomaine subdivision
N. 62° 56’ 30” W., 3383.07 feet to a point on the north line of a
thirty foot road in Bookerdale subdivision; thence with the division
line between Mondomaine subdivision and H. P. Niday N. 44° 44’ E.,
870.74 feet to a point, a corner to Mondomaine subdivision and M.
Scott Nininger; thence with the division line between Mondomaine
subdivision and Nininger S. 62° 37’ 30” E., 1174.80 feet to a point;
thence continuing with the said Mondomaine-Nininger division
line N. 31° 18’ E., 412.36 feet to the point of beginning.

Section 5. Powers of the city of Waynesboro.—In addition to
the powers mentioned in section three hereof, the said city of Way-
nesboro shall have the following powers:

First. To raise annually by taxes and assessments in said city
such sums of money as the council thereof shall deem necessary for
the purposes of the said city, and in such manner as 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 tax on the bonds of said city.

Second. To impose special or local assessments for local im-
provements and enforce payment thereof, subject, however, to such
limitations prescribed by the Constitution of Virginia, as may be
in force at the time of the imposition of such special or local assess-
ments.

Third. To contract debts, borrow money and make and issue
evidence of indebtedness.

Fourth. To expend the money of the city for all lawful pur-

oses.
P Fifth. To acquire by purchase, gift, devise, condemnation, or
otherwise, property, real or personal, or any estate or interest therein,
within or without the city or State and for any of the purposes of
the city; and to hold, improve, sell, lease, mortgage or pledge the
same or any part thereof, including any property now owned by the
city, except school property, water works or lighting plant, unless
it is submitted to a vote of the people.

Sixth. To acquire, in any lawful manner, for the purpose of
encouraging commerce, manufacture, education, and the building
of homes, lands within and without the city, not exceeding at any
one time one thousand acres in the aggregate, and from time to
time to sell, dispose of, lease, or donate the same or any part thereof
for commercial, industrial, educational, or residential uses and pur-
poses, including any land now owned by the city, and including the
power to donate any land now or hereafter owned by the city for
hospital purposes.

Seventh. To make and adopt a comprehensive plan for the
city, and to that end all plats and re-plats subdividing any land
within the city or within one mile of the corporate limits 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 the circuit court
of the county of Augusta, Virginia, or the city corporation court.

Eighth. To construct, maintain, regulate and operate public
improvements of all kinds, including municipal and other buildings,
armories, comfort stations, markets, and all buildings and structures
necessary or appropriate for the use and proper operation of the
various departments of the city; and to acquire by condemnation
or otherwise all lands, riparian and other rights and easements
necessary for such improvements, or any of them.

Ninth. 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 said
city may deem necessary for the purpose of providing an adequate
water supply for said city and of piping or conducting the same; to
lay all necessary mains; and service lines, either within or without
the corporate limits of the said city, and to charge and collect water
rents therefor; to erect and maintain all necessary dams, pumping
stations and other works in connection therewith; to make reason-
able 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 patrol over all
lands comprised within the limits of the watershed tributary to any
such water supply whenever 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 pollu-
tion or threatened pollution of such water supply and any and all
acts likely to impair the purity thereof; and for the purpose of
acquiring lands, interest in lands, property rights and riparian
rights or materials for any such use to exercise within the State all
powers of eminent domain provided by the laws of this State.
For any of the purposes aforesaid said city may, if the council shall
so determine, acquire by condemnation, purchase or otherwise, any
estate or interest in such lands or any of them in fee.

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

Eleventh. To establish, impose, and enforce water, and light
and sewerage rates, and rates and charges for public utilities, or
other service, products, or conveniences, operated, rendered or fur-
nished by the city; and to assess, or to cause to be assessed, water,
light and sewerage 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 ten-
ant, then the said council may by an ordinance, require of such
tenant a deposit of such reasonable amount as may be by such
ordinance prescribed before furnishing such services to such tenant.

Twelfth. To establish, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle and clean public highways,
streets, alleys, boulevards and parkways, and to alter or vacate the
same; to establish and maintain parks, playgrounds, and other
public grounds; 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 highways, abolish and prevent grade cross-
ings over the same by railroads in the manner prescribed by
general law for the elimination of grade crossings; to require
any railroad company operating a railroad at the place where
any highway or street is crossed within the city limits to erect
and maintain at such crossing any style of gate deemed proper and
keep a man in charge thereof, or keep a flagman at such crossing,
during such hours as the council may require; and to regulate the
length of time such crossings may be closed due to any operations
of the railroads; to regulate the operations, weight of load, and
speed of all cars and vehicles using the same; as well as the opera-
tion and speed of all engines, cars and trains, or railroads within
the city; to regulate, limit, restrict, and control the services to be
rendered, including route traversed, and rates charged by buses,
motor cars, cabs and other vehicles for the carrying of passengers
and property ; to permit railroads to be built in the streets and alleys,
and to determine and designate the route and grade thereof; and
to specify and require the proper construction and maintenance of
the streets between the rails and on either side thereof for such
distances as such streets may be affected by the construction, opera-
tion, repair or maintenance of such railroads, and to require the
reconstruction of so much of said streets as may be damaged by the
removal of such railroads; to permit or prohibit poles and wires for
electric, telephone and telegraph purposes to be erected and gas
pipes to be laid in the streets and alleys and to prescribe and
collect an annual charge for such privileges, heretofore or hereafter
granted ; to require the owner or lessees of any electric light, tele-
phone or telegraph pole or poles or wires now in use or hereafter
used, to be placed in conduits underground and prescribe rules and
regulations for the construction and use of such conduits; to open,
lay out, and improve new streets across the track or tracks, yard
or yards, of any railroad in the city, and any such new or existing
street or streets may cross any such track or tracks, yard or yards,
of any railroads in the city, in the discretion of the council, either
at grade, or pass above or below any such existing structure or
structures ; provided, that after due notice to such railroad company
and full opportunity to be heard and after the council shall have
decided whether such crossing shall be made at grade, or pass
above or below any such existing structure or structures, the plans
and specifications for such crossing as the council shall have de-
termined upon, shall be submitted to the principal agent of such
railroad company in the city and in the event the city and railroad
company cannot within sixty days thereafter agree upon such plans
and specifications, or cannot agree in regard to the division of the
cost of constructing such crossing, then the city shall submit such
plans and specifications to the State Corporation Commission, and
the State Corporation Commission, after reasonable notice to such
railroad company and after hearing such evidence as either party
may adduce, shall approve, or revise and approve, the plans for
such crossing as the council shall have determined shall be made,
or substitute such other plans or character of crossing, whether at
grade. overhead or underpass, as the State Corporation Commission
may deem proper under all the facts, circumstances and conditions
in the case the said improvement shall be made by the corporation
whose track is to be crossed and the expense thereof shall be borne
equally by the said corporation and the city, and after such crossing
shall have been constructed, it shall be maintained, within the limits
of the railroad right-of-way, by such railroad company or by the
lessee thereof; and to do all other things whatsoever adapted to
make said streets and highways safe, convenient and attractive.
Twelve and one-half. To acquire by gift, purchase, exchange,
or by the exercise of the power of eminent domain within the State,
lands, and any interest or estate in lands, rock quarries, gravel pits,
water and water rights and the necessary roadways thereto, either
within or without the city, and acquire and install machinery and
equipment and build the necessary roads or tramroads thereto,
and operate the same for the purpose of producing materials re-
quired for the construction, repair and maintenance of streets,
highways, sidewalks, water works, reservoirs, sewers, electric lights,
public buildings and any and all public purposes; and to acquire
by gift, purchase, exchange, or by the exercise of the power of emin-
ent domain within the State, lands and machinery and equipment,
and build and operate a plant or plants for the preparation and mix-
ing of materials for the construction of improved streets and other
public improvements, and the maintenance and repair thereof, and to
build and operate coal tipples and yards in connection therewith.

Thirteen. To establish, construct and maintain sanitary sewers,
sewer lines and systems, and to require the abutting property own-
ers to connect therewith and to establish, construct, maintain
and operate sewerage disposal plants, and to acquire by con-
demnation or otherwise within or without the city, 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 or assessments or costs of service for connecting with
and using the same.

Fourteen. In connection with the system of sewerage, the
city may continue to use the south branch of the Shenandoah
river as heretofore.

Fifteen. Subject to the provisions of the Constitution of Vir-
ginia and of this charter to grant franchises for public utilities.

Sixteen. To collect and dispose of sewerage, offal, ashes, garb-
age, carcasses of deal animals, and other refuse, and to make reason-
able charges therefor; and to acquire and operate reduction or
any other plants for the utilization or destruction of such materials,
or any of them; to contract for and regulate the collection and
disposal thereof, and to require and regulate the collection and
disposal thereof.

Seventeen. To compel the abatement and removal of all nuis-
ances within the city or upon the property owned by the city be-
yond its limits at the expense of the person or persons causing the
same, or of the owner or occupant of the ground or premises where-
on the same may be, and to collect said expense by suit or motion or
motion or by distress and sale; to require all lands, lots and other
premises within the city to be kept clean and sanitary and free
from stagnant water, weeds, filth and unsightly deposits, or to make
them so at the expense of the owners or occupants thereof, and to
collect said expense by suit or motion, or by distress and sale; to
regulate or prevent slaughter houses or other noisome or offensive
business within the said city, 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 city; 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, con-
struction and operation and maintenance of billboards and generally
to define, prohibit, abate, suppress and prevent all things detri-
mental to the health, morals, aesthetics, safety, convenience and
welfare of the inhabitants of the city; 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, ice or snow.

Eighteen. To inspect, test, measure, and weigh any commodity
or article of consumption for use within the city, and to establish,
regulate, license, and inspect wejghts, meters, measures and scales.

Nineteen. To extinguish and prevent fires and to compel citizens
to render assistance to the fire department in case of need, and to
establish, regulate and control a fire department or division, to
regulate the size, height, materials and constructions of buildings,
fences, walls, retaining walls and other structures hereafter erected
in such manner as the public safety and conveniences may require;
to remove or require to be removed or reconstructed any building,
structure or addition thereto, which by reason of dilapidation, de-
fect 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 any or all future buildings
within such limits shall be constructed of stone, natural or artificial,
concrete, brick, iron or other fireproof material; and may enact
stringent and efficient laws for securing the safety of persons from
fires in halls and buildings used for public assemblies, entertain-
ments or amusements.

Twenty. To charge and to collect fees for permits to use public
facilities and for public service and privileges.

Twenty-first. To prevent any person having no visible means
of support, paupers and persons who may be dangerous to the
peace and safety of the city, from coming to said city from without
the same; and for this purpose to require the owner of any con-
veyance other than a common carrier bringing such person to the
city to take such person back to the place whence he was brought,
or enter into bond with satisfactory security that such person shall
not become a charge upon said city within one year from the date
of his arrival; and also to expel therefrom any such person who
has been in said city less than six months; also to expel from the
city all persons found dangerous to the peace, safety and welfare of
the city, or any person who may be advocating the overthrow of the
Federal, State or municipal government by force or violence or in-
citing the people or any of them, to riot, or any unlawful effort
against the social, governmental, industrial, education or moral wel-
fare of the people.

Twenty-second. To provide for the preservation of the general
health of the inhabitants of said city, make regulations to secure the
same, inspect all foods and foodstuffs and prevent the introduction
and sale in said city of any articles or things intended for human
consumption, which is 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;
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 city limits, and if
necessary to the suppression of diseases, to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals
provided for them; to provide for the organization of a department
or bureau of health, to have the powers of a board of health for said
city, with the authority necessary for the prompt and efficient per-
formance of its duties, with power to invest any or all the officials or
employees of such department of health with such powers as the po-
lice officers of the city have; to establish quarantine ground within
or without the city limits, and such quarantine regulations against
infectious and contagious diseases as the council may see fit.

Twenty-third. To provide in or near the city 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
ground therein; and to provide for the perpetual upkeep and care
of any plot or burial lot therein, the city 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 plat, for which the said donation,
gift, or bequest shall have been made.

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

Twenty-fifth. To acquire by purchase, gift, devise or condem-
nation property adjoining its parks, or lots on which its monuments
are located, or other property used for public purposes, or in the
vicinity of such parks, plats or property which is used and main-
tained in such a manner as to impair the beauty, usefulness, or effi-
ciency of such parks, plats of public property, and may likewise
acquire property adjacent to any street, the topography of which,
from its proximity thereto, impairs the convenient use of such
street, or renders impracticable, without extraordinary expense,
the improvement of the same, and the city may subsequently dispose
of the property so acquired, making limitations as to the use thereof,
which will protect the beauty, usefulness, efficiency or convenience of
such parks, plats and property.

And when the city proposes to open or widen a street, or change
the channel of a creek, by taking any part of a block or square in
such manner that the value of the property abutting the proposed
street or creek would be injuriously affected, unless the property on
such block or square is replatted and the property line or lines re-
adjusted, then and in that event the city at the same time it ac-
quires the land for said street or creek channel, may in its discretion,
also acquire by purchase, gift, condemnation, or otherwise, all or
any part of the property on such squares or block and may subse-
quently replat and dispose of the property so acquired in whole or
in part, making such limitations as to the uses thereof as it may see
fit.

Twenty-sixth. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-seventh. To restrain and punish drunkards, vagrants
and street beggars; to prevent vice and immorality ; to preserve the
peace and good order; to prevent and quell riots, disturbances and
disorderly assemblages ; to suppress houses of ill-fame and gambling
houses ; to prevent and punish lewd, indecent and disorderly exhibi-
tions in said city; and to expel therefrom persons guilty of such
conduct who have not resided therein as much as one year.

Twenty-eighth. To license and regulate the holding and loca-
tion of shows, circuses, public exhibitions, carnivals and similar
shows or fairs, or prohibit the holding of the same or any of them
within the city, or within one mile thereof.

Twenty-ninth. To make and enforce ordinances similar to the
laws of the State.

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

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

Thirty-second. To do all things whatsoever necessary or expe-
dient for promoting or maintaining the general welfare, comfort, edu-
cation, morals, peace, government, health, trade, commerce, or in-
dustries of the city; or its inhabitants.
Thirty-third. To prescribe any penalty for the violation of any
city ordinance, rule or regulation or of any provisions of this charter,
not exceeding five hundred dollars or twelve months’ imprisonment
in jail or both.

Thirty-fourth. To prohibit and punish for mischievous, wanton
or malicious damage to school and public property as well as private
property.

Thirty-fifth. To prohibit and punish minors from frequenting,
playing in or loitering in any public poolroom, billiard parlor or
tenpin or bowling alley and to punish any proprietor or agent thereof
for permitting same.

Thirty-sixth. To pass and enforce all by-laws, rules, regulations
and ordinances which it may deem necessary for the good order
and government of the city, 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 and power, authority, capacity, or
jurisdiction, which is or shall be granted to or vested in said city,
or in the council, court or officers thereof, or which may be neces-
sarily incident to a municipal corporation.

The city of Waynesboro may maintain a suit to restrain by
injunction the violation of any ordinance, notwithstanding punish-
ment may be provided for the violation of such ordinance.

Section 6. (1) That for the promotion of health, safety, morals,
comfort, prosperity, or general welfare of the general public, the
council or other governing body of the city may, by ordinance, divide
the area of the city into one or more districts of such shape and
area as may be deemed best suited to carry out the purposes of this
act, and in such district or districts may establish, set back building
lines, regulate and restrict the location, erection, construction, re-
construction, alteration, repair or use of buildings and other struc-
tures, their heights, area and bulk, and percentage of lot to be oc-
cupied by buildings or other structures, the size of yards, courts and
other open spaces, and the trade, industry, residence and other
specific uses of the premises in such district or districts.

(2) All such regulations shall be uniform for each class or
kind of building throughout each district, but the regulations in
one district may differ from those in other districts.

(3) Such regulations shall be made in accordance with a
comprehensive plan, and designed to lessen congestion in the streets,
to secure safety from fire, panic and other dangers, to promote
health and the general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration
of population ; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
Such regulations shall be made with reasonable consideration,
among other things, to the character of the district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the city.

(4) The council or other governing body of the city shall pro-
vide for the manner in which such regulations and restrictions and
the boundaries of such districts shall be determined, established and
enforced, and from time to time amended, supplemented or changed.
However, no such regulation, restriction or boundary shall become
effective until after a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be heard.
At least fifteen days’ notice of the time and place of such hearing
shall be published in an official paper, or a paper of general publica-
tion in the city.

Such regulations, restrictions and boundaries may from
time to time be amended, supplemented, changed, modified or re-
pealed. In case, however, of a protest against such change signed
by the owners of twenty per centum or more either of the area of the
lots included in such proposed change, or of those immediately
adjacent in the rear thereof or of those directly opposite thereto, such
amendment shall not become effective except by the favorable
vote of three-fourths of all the members of the council or other gov-
erning body of the city. The provisions of the previous section
relative to public hearings and official notice shall apply equally to
all changes or amendments.

(6) In order to avail itself of the powers conferred by this act
the corporation court of the city of Waynesboro shall appoint a
commission to be known as the zoning commission to recommend
the boundaries of the various original districts and appropriate regu-
lations to be enforced therein. Such commission shall submit its
final report, and such council or other governing body shall not hold
its public hearings or take action until it has received the final report
of such commission. Where a city plan commission already exists,
it may be appointed as the zoning commission.

Such corporation court of the city of Waynesboro may provide
for the appointment of a board of zoning appeals, and in the regula-
tions and restrictions adopted pursuant to the authority of this act
may provide that the said board of zoning appeals may, in appro-
priate cases and subject to appropriate conditions and safeguards
vary the application of the terms of the ordinance in harmony with
its general purpose and intent and in accordance with general or
specific rules therein contained.

(7) The board of zoning appeals shall consist of five members
each to be appointed for a term of three years and removable for
cause by the appointing authority, upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.

(8) The board shall adopt rules in accordance with the pro-
visions of any ordinance adopted pursuant to this act. Meetings of
the board shall be held at the call of the chairman and at such other
times as the board may determine. Such chairman, or in his absence,
the acting chairman, may administer oaths and compel the attend-
ance of witnesses. All meetings of the board shall be open to the
public. The board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall: keep records of its examina-
tions and other official actions, all of which shall be immediately
filed in the office of the board and shall be a public record.

(9) Appeals to the board of zoning appeals may be taken by
any person aggrieved or by any officer, department, board or
bureau of the city affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time as pro-
vided by the rules of the board by filing with the officer from whom
the appeal is taken and with the board of zoning appeals a notice of
appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was
taken.

(10) An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the board of zoning appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the
certificate a stay would, in his opinion, cause imminent peril to life
or property. In such case proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the board of
zoning appeals or by a court of record on application or notice to
the officer from whom the appeal is taken and on due cause shown.

(11) The board of zoning appeals shall fix a reasonable time
for the hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney.

(12) The board of zoning appeals shall have the following
powers:

a. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an
administrative official in the enforcement of this act or any ordinance
adopted pursuant thereto;

To hear and decide special exceptions to the terms of the
ordinance upon which such board is required to pass under such
ordinance ;

c. To authorize upon appeal in special cases such variance from
the terms of the ordinance as will not be contrary to the public
interest, where owing to special conditions a literal enforcement of
the provisions of the ordinances will result in unnecessary hard-
skip, and so that the spirit of the ordinance shall be observed and
substantial justice done.
(13) In exercising the above-mentioned powers such board
may, in conformity with the provisions of this act, reverse, affirm,
wholly or partly, or may modify the order, requirement, decision
or determination appealed from, and may make such order, require-
ment, decision or determination as ought to be made, and to that
end, shall have all the powers of the officer from whom the appeal is
taken.

(14) The concurring vote of three members of the board shall
be necessary to reverse any order, requirement, decision, or determi-
nation of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under
any such ordinance or to effect any variation in such ordinance.

(15) <Any person or persons, jointly or severally aggrieved by
any decision of the board of zoning appeals, or any taxpayer, may
present to a department, board or bureau of the municipality, may
present to a court of record a petition, duly verified, setting forth
that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the
court within thirty days after the filing of the decision in the office
of the board.

(16) Upon the presentation of such petition, the court may
allow a writ of certiorari directed to the board of zoning appeals
ty review such decision of the board of zoning appeals and shall pre-
scribe therein the time within which a return thereto must be made
and served upon the relator’s attorney, which shall not be less than
ten days and may be extended by the court. The allowance of the
writ shall not stay proceedings upon the decision appealed from, but
the court may, on application, on notice to the board and on due
cause shown, grant a restraining order.

(17) The board of zoning appeals shall not be required to re-
turn the original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.

(18) If, upon the hearing, it shall appear to the court that
testimony necessary for the proper disposition of the matter, it may
take evidence or appoint a commissioner to take such evidence as it
may direct and report the same to the court with its findings of fact
and conclusions of law, which shall constitute a part of the pro-
ceedings upon which the determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.

(19) Costs shall not be allowed against the board, unless it
shall appear to the court that it acted with gross negligence or
in bad faith or with malice in making the decision appealed from.

(20) All issues in any proceedings under this section shall have
preference over all other civil actions and proceedings.
(21) In case any building or structure is erected, constructed,
altered, repaired or converted; or any building, structure or land is
used in violation of this act or of any ordinance or other regulation
made under authority conferred hereby, the proper local authorities
of the city, in addition to other remedies, may institute any appro-
priate action or proceedings to prevent such unlawful erection, con-
struction, reconstruction, alteration, repair, conversion, to restrain,
correct or abate such violation, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct,
business of use in or about such premises.

(22) Said regulations shall be enforced by the division of
building inspection which is empowered to cause any building,
structure, place or premises to be inspected and examined and to
order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of the regulations
made under authority of this or the preceding paragraph. The owner
or general agent of a building or premises where a violation of any
provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner,
general agent, lessee or tenant of any part of the building or pre-
mises in which such violation has been committed or shall exist,
or the general agent, architect, builder, contractor or any other per-
son who commits, takes part or assists in any such violation or who
maintains any building or premises in which any such violation shall
exist shall be guilty of a misdemeanor, punishable by a fine of not
less than ten dollars and not more than one hundred dollars, if the
offense be not wilful, or not more than two hundred and fifty dollars,
if the offense be wilful, and in every case of ten dollars for each day
after the first day that such violation shall continue. In any case of
the existence of a violation of any provision of said regulations,
the owner, lessee, tenant or agent shall be subject to a civil penalty
of fifty dollars. Any such person who having been served with an
order to remove any such violation, shall fail to comply with said
order within ten days after such service or shall continue to violate
any provisions of the said regulations in the respect named in such
order shall also be subject to a civil penalty of two hundred and
fifty dollars.

(23) Wherever the regulations made under authority of this
act require a greater width or size of yards, courts or other open
spaces or require a lower height of building of less number of
stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required in any other
statute or local ordinance or regulation, the provisions of the regula-
tions made under authority of this act shall govern. Wherever the
provisions of any other statute or local ordinance or regulation re-
quire a greater width or size of yards, courts, or other open spaces,
or require a lower height of buildings or a less number of stories,
or require a greater percentage of lot to be left unoccupied, or
impose other higher standards than are required by the regulations
made under authority of this act, the provisions of such statute, or
local ordinance or regulation shall govern.

Provided, nothing in this act contained shall be construed as
intended to authorize the impairment of any vested right.

Section 7. Creation of council.—There is hereby created a
council which shall have full power and authority, except as herein
otherwise provided, to exercise all the powers conferred upon the
city, and to pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general laws of the State
and of this charter.

Section 8. Composition of council and vacancies.—The council
shall consist of five members, who shall be voted at large, whose
term of office, except as hereinafter fixed, shall be for the term of
four years. At the June election, nineteen hundred forty-eight, five
members shall be elected as follows: One member from each of four
wards, and one member-at-large, who shall immediately after their
qualification cast lots to ascertain which two members shall serve
for a term of two years from September first, nineteen hundred
forty-eight, and thereafter until their successors shall have been
elected and qualified; and the remaining three members shall serve
for a term of four years from September first, nineteen hundred
forty-eight, and thereafter until their successors shall have been
elected and qualified. At the June election, nineteen hundred fifty,
and every four years thereafter, two councilmen shall be elected,
one from each ward having a councilman whose term is expiring,
who shall serve for a term of four years from September first, nine-
teen hundred fifty, and thereafter until their successors shall have
been elected and qualified. At the June election, nineteen hundred
fifty-two, and every four years thereafter, three councilmen shall
be elected, one from each ward having a councilman whose term
is expiring, and one member-at-large, who shall serve for a period
of four years from September first, nineteen hundred fifty-two, and
thereafter until their successors have been elected and qualified.

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

Section 9. Qualification of members.—Any person qualified to
vote in the city shall be eligible to the office of councilman.

Section 10. Limitations on powers and disqualifications.—(a)
Any member of the council who shall have been convicted of a
felony while in office shall thereby forfeit his office.

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

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

Section 11. Organization rules of the council—(a) At nine
o’clock ante meridian on the first day of September following a
regular municipal election, or if such day be a Sunday, then on the
day following, the council shall meet at the usual place for holding
the meetings of the legislative board of the city, at which time the
newly-elected councilmen, after first having taken the oaths pre-
scribed by law, shall assume the duties of their office. Thereafter the
council shall meet at such times as may be prescribed by ordinance
or resolution, except that they shall regularly meet not less than
once each month. The mayor, any member of the council, or the
city manager may call special meetings of the council, at any time
after at least twelve hours written notice, with the purpose of said
meeting stated therein, to each member served personally or left
at his usual place of business or residence, or such meeting may be
held at any time without notice, provided all members of the
council attend. No business other than that mentioned in the call
shall be considered at such meeting.

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

c. The council shall elect one of its members as chairman, who
shall be ex-officio mayor; also a city manager, a city clerk,
a city attorney and a city collector, each of whom shall serve
for such term as may be provided by the council, and until his
successor has been elected and qualified.

The council may appoint all such other boards and commissions
as may be deemed proper, and prescribe the powers and duties
thereof. The council may determine its own rules of procedure, may
punish its own members for misconduct and may compel attendance
of members. It shall keep a journal of its proceedings. A majority
of all members of the council shall constitute a quorum to do bus-
iness, but no resolution nor ordinance shall be adopted except by
affirmative vote of a majority of all members elected to the council,
but a smaller number may adjourn from time to time, and compel
the attendance of absentees. All elections by the council shall be
viva voce and the vote recorded in the journal of the council.

Section 12. Powers of mayor.—The mayor shall be elected by
the council for a term of two years and shall preside at meetings of
the council and perform such other duties consistent with his office
as may be imposed by the council and he shall have a vote and
voice in the proceedings, but no veto. He shall be the official head
of the city, but shall have no jurisdiction or authority to hear, de-
termine, or try any civil or criminal matters. In times of public
danger, or emergency, he, or during his absence or disability, the
city manager, may take command of the police and maintain order
and enforce the laws, and for this purpose, may deputize such assist-
ant policemen as may be necessary. During his absence or disability,
except as above provided, his duties shall be performed by another
member appointed by the council. He shall authenticate by his
signature such instruments as the council, this charter, or the laws
of the State shall require.

Section 13. Appointments or elections.—On the first day of
September following the regular municipal election and organization
of the council, or as soon thereafter as may be practicable, the coun-
cil shall elect a city manager, city clerk, city attorney, city collector,
and such other officers as may come within their jurisdiction, each
of whom shall serve at the pleasure of the council; provided that the
council may elect the city clerk, city manager, and city collector
for terms of one year each, beginning September first, subject to
removal by the council for cause, and in, no event shall the council
elect any officer for a term extending beyond the thirty-first day of
August next succeeding each regular quadrennial municipal election
for members of the council.

ORDINANCES

Section 14. Legislative procedure-—Except in dealing with par-
liamentary procedure, the council shall act only by ordinance or
resolution, and with the exception of ordinances making appropria-
tions or authorizing the contracting of indebtedness, shall be con-
fined to one subject.

Section 15. Enactments.—(a) Each proposed ordinance, or
resolution, shall be introduced in a written or printed form, and
the enacting clause of all ordinances passed by the council shall
substantially be, “Be it ordained by the council of the city of
Waynesboro, Virginia.”

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

Section 16. Emergency measures.—(a) No ordinance passed
by the council shall take effect until at least ten days from the
date of its passage, except that the council may, by the affirmative
vote of the majority of its members, pass emergency measures to
take effect at the time indicated therein.

b. An ordinance may be enacted as an emergency measure in
all cases except that no ordinance providing for the selling or
conveying of any real estate or making a grant, renewal, extension
of a franchise or other special privileges, or regulating the rate to
be charged for its services by any public utility shall ever be so
passed.

Section 17. Record and publication—(a) Every ordinance or
resolution having the effect of an ordinance when passed shall be
recorded by the city clerk in a book kept for that purpose, and shall
be authenticated by the signature of the presiding officer and the
city clerk.

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

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

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

Section 18. Printing—The council shall from time to time
direct the publication, with suitable index, of the city ordinances.

Section 19. All the ordinances of the town of Waynesboro
known as “The Code of the Town of Waynesboro, Virginia”, to-
gether with all the ordinances amendatory thereof shall be and
are hereby declared to be in full force and effect as ordinances of the
city of Waynesboro and shall apply to the entire territory and to all
persons and property located within the corporate limits and within
one mile thereof in all proper cases, and shall so continue to be and
remain in full force and effect until repealed, superseded, amended
or reenacted by lawful action of the council of the city of
Waynesboro.
THE CITY MANAGER

Section 20. General provisions.—The administrative and execu-
tive powers of the city, including the power of appointment of
officers and employees, are vested in an official to be known as the
city manager, who shall be appointed by the council at its first
meeting, or as soon thereafter as practicable, for a term of not
exceeding two years unless sooner removed by the council upon
proven charges preferred for malfeasance or misfeasance, neglect of
duty or incompetency. He shall receive such compensation as shall
be fixed by the council by ordinance, and shall devote his entire time
to the business of the city.

Section 21. Powers and duties of the city manager.—The city
manager shall be responsible to the council for the proper adminis-
tration of all affairs of the city coming within his jurisdiction under
this charter, the general law or the ordinances or resolutions of the
counci]. He shall have power and it shall be his duty:

a. To see that all laws and ordinances are enforced.

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

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

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

e. To recommend to-the council for adoption such measures as
he may deem necessary or expedient.
f. To prepare the annual budget and keep the city council fully
advised as to financial conditions and needs of the city.

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

Unless and until provided by the council, he shall act as
city purchasing agent.

i. To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the city
council.

j. He shall have the further power to perform such other duties
as may be prescribed by the council not in conflict with the fore-
going, and shall be bonded as the council may deem necessary.

ADMINISTRATIVE DEPARTMENTS

Section 22. The council shall from time to time designate and
assign the particular administrative duties of each of its members,
and each member of the council shall be designated for particular
service as the head of a department, or departments, over which he
shall have special oversight and direction, subject to the provisions
of this chapter and ordinance of the council. Such designations and
assignments may be changed whenever desired by the council, and
during any temporary disability or absence of a councilman, the
council may designate another member to act until the disabled or
absent councilman shall resume his duties.

Section 23. Directors of departments.—(a) At the head of
each department there shall be a director; provided, that unless
and until the council shall otherwise provide by ordinance the city
manager shall be director of all departments.

The council shall by ordinance determine and prescribe the
functions of each department and may create new departments,
combine existing departments and establish new departments for
special work, when, in its opinion, the proper administration of the
city requires it.

c. The director of each department shall be appointed by and
be immediately responsible to the city manager for the administra-
tion of his department, and each director shall be chosen on the
basis of his general executive and administrative experience and
ability, and his education, training and experience in the class of
work which. he is to administer.

Section 24. The city clerk—(a) The city clerk shall be elected
and for the term provided by this charter. He shall be the clerk of the
council, shall attend all meetings thereof, and shal] keep a permanent
record of its proceedings. He shall keep all papers, documents and
records pertaining to the city of Waynesboro, Virginia, the custody
of which is not otherwise provided for,
b. He shall be custodian of the city seal, and shall affix it to
all documents and instruments requiring the seal, and shall attest
the same. He shall give to the proper department or officials ample
notice of the expiration or termination of any franchise, contracts or
agreements.

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

Section 25. The purchasing agent—(a) The city council shall
designate some officer of the city as its purchasing agent, by whom
all purchases of supplies for the city shall be made, and who shall ap-
prove all vouchers for the payment of same. He shall also conduct
all sales of personal property that may be, by the proper official or
officials declared of no further use to the city.

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

c. Unless and until the council shall otherwise provide, the city
manager shall act as such purchasing agent. |

TREASURER AND COMMISSIONER OF REVENUE

Section 26. Treasurer-Commissioner of Revenue: Elections;
terms; powers and duties.—There shall be for the city of Waynes-
boro a treasurer and a commissioner of revenue, each of whom shall
be elected in the manner and at the time and to hold office for the term
prescribed by law; they shall respectively perform such duties, have
such powers, and-be liable to such penalties as may be prescribed
by the laws of the State or the ordinances of the city, made in pur-
suance thereof; and for all services performed for the city, the
treasurer and commissioner of revenue shall receive such com-
pensation as the council may from time to time prescribe by ordi-
nance, subject to approval by the State compensation board, and in
the event such board and the council shall not be able to agree on
the amount of such compensation, the matter shall be submitted to
the judge of the corporation court of the city for final determination,
or if said corporation court be then not established, then the matter
shall be submitted to the Judge of the circuit court of Augusta
County for final determination.

Section 27. Treasurer-Commissioner of Revenue-Bonds.—The
city treasurer and city commissioner of revenue shall each give bond
in such sum or sums as the council may prescribe, with surety to be
approved by the council conditioned for the faithful discharge and
performance of their respective duties in relation to the revenue of
the city and their respective duties under this charter and under
the ordinances of the city.

Section 28. The treasurer and commissioner of revenue may
each appoint one or more deputies provided the number of such
appointments and the expenses of such offices shall be subject to the
approval of the council and State compensation board, and in the
event such board and the council shall not be able to agree on the
amount of such compensation, the matter shall be submitted to the
Judge of the corporation court of the city for final determination, or
if said corporation court be then not established, then the matter
shall be submitted to the Judge of the circuit court of Augusta
County for final determination, but the sureties of said officers,
respectively, shall be equally liable for the acts of said deputies as
for those of their principals.

Section 29. The treasurer, city collector, or their deputies shall
have any or all of the powers which are now or may be hereafter
vested in any officer of the State charged with the collection of
State taxes, and may collect the same in the same manner in which
the State taxes are collected by any officer of the State.

Section 30. Treasurer-Commissioner of Revenue-Special Elec-
tion—There shall be a special election held for the purpose of
electing a treasurer and a commissioner of revenue for the city of
Waynesboro in accordance with the provisions of sections one
hundred forty-seven (147) and one hundred ninety-seven (197) of
the Code of Virginia and the general laws governing special elec-
tions. The special election herein provided shall be ordered by the
circuit court of Augusta County or the Judge thereof in vacation to
be held not less than thirty days nor more than forty-five days after
the date of entry of such order, the order to be entered as promptly
as practicable after request therefor duly made by resolution duly
adopted by the council of the city of Waynesboro. For the purpose
of holding this special election the existing east ward and west ward
voting precincts are designated the lawful and established voting
precincts, and the election shall be by all the qualified voters residing
within the new corporate limits as hereinbefore described.

The special election of a treasurer and a commissioner of revenue
shall be for a term beginning upon the qualification of each of said
officers immediately after the results of said election are determined
and certified, and ending December thirty-one, nineteen hundred
forty-nine, or as soon thereafter as their successors shall have
qualified.

JUDGE, COMMONWEALTH'’S ATTORNEY, CLERK AND
OTHER OFFICERS

Section 31. Certain officers enumerated ; elections, terms; pow-
ers and duties; compensation.—There shall be for said city a Judge
of the corporation court, a Commonwealth’s attorney, a clerk of the
corporation court and a sergeant, each of whom shall be elected
in the manner and at the time, and to hold office for the time pre-
scribed by law; they shall respectively perform such duties, have
such powers, and be liable to such penalties as may be prescribed
by the laws of the State or the ordinance of the City, made in pur-
suance thereof; and such officers shall receive such compensation
as may from time to time be fixed by the council as salary, by and
with the consent of the State compensation board, within the limits
prescribed by law.

Section 32. Corporation Court Judge, Election—That the
current session of the General Assembly shall by joint resolution of
both houses elect a corporation court Judge for the city of Waynes-
boro for an eight year term beginning on the first day of February,
nineteen hundred forty-eight, or as soon as suitable housing and
quarters for the court can be provided, and ending the thirty-first
day of January, nineteen hundred fifty-six.

Section 33. Circuit Court of Augusta County and Trial Justice
Court Jurisdiction, Pending Establishment Corporation Court and
Civil and Police Justice Court for Waynesboro.—That the jurisdic-
tion of the circuit court of Augusta County and the trial justice court
of Augusta County shall continue in all respects as presently con-
stituted until the establishment of the corporation court and civil
and police justice court as herein provided; and said courts shall
continue after establishment of said courts for the city of Waynes-
boro to have full and complete jurisdiction as to all matters pending
until final determination or until transfer by proper order to the
corporation court.

Section 34. Elections. Voting Precincts. Election officials. —
That the Augusta County electoral board shall continue to perform
all its duties with respect to elections in the city of Waynesboro, and
the voting precincts of the east ward and west ward shall continue
to be the only two voting precincts in the city until after the estab-
lishment of the corporation court, and the said county electoral board
is hereby vested, along with all election officials, with a continuance
of all powers with respect thereto.

Section 35. Civil and Police Justice—There shall be a civil
and police justice elected for the city of Waynesboro whose election
and term of office shall be prescribed by law who shall receive for
his services such compensation as may be provided by the city coun-
cil, such compensation or salary to be paid in monthly installments
as provided by law. The civil and police justice appointment or
election shall follow establishment of the corporation court as here-
inbefore provided.

Section 36. Justices of the Peace; Terms; Powers; Duties.—
That after the establishment of the corporation court, there shall be
elected in the manner provided by law, a justice of peace for each
ward, who shall hold office for the term, have such powers and be
required to perform such duties as are required by law, and for
his services shall receive the compensation provided by law.
Section 36-a. Validation of Annexation; Court Enumeration
and Orders Entered.—The annexation of territory by the town of
Waynesboro against Augusta County and all the proceedings had
therein which have been finally determined be and the same are here-
by validated and made effective; and the subsequent order entered
by the circuit court of Augusta County, Virginia, certifying the
city of Waynesboro to be a city of the second class as of January
one, nineteen hundred forty-eight, based upon the findings of the
population in the annexation proceedings heretofore mentioned, be
and the same is hereby validated and made effective as of the date
of entry of said order.

WARDS

Section 37. The said city shall be divided into as many wards
as the council may determine in such manner as to include as nearly
as may be consistent with the well defined limits of said wards, an
equal number of votes in each ward.

FINANCIAL PROVISIONS

Section 38. The Annual Budget—Not later than sixty days
“before the end of each fiscal year, the city manager shall prepare
and submit to the council an annual budget for the ensuing fiscal
year, based upon detailed estimates furnished by the several de-
partments and other divisions of the city government, according
to a classification as nearly as possible uniform.

Section 39. Public Improvement Contracts, Et Cetera—Any
public work or improvement, costing more than one thousand
($1,000.00) dollars, shall be executed by contract, except where a
specific work of improvement is, by the council, authorized and
directed to be done by force account, such work to be based on de-
tailed estimates submitted by the department authorized to execute
such work or improvement, and approved by the city manager. All
contracts for more than one thousand dollars shall be awarded
to the lowest responsible bidder in such manner and under such
bond as may be prescribed by ordinance and after the city manager
shall have made due advertisement for such time as the council may
prescribe, by newspapers or posted notices. But the city manager
shall have the power to reject all of the bids and advertise again;
and all advertisements shall contain a reservation of this right.

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

Section 40. Sinking Fund Provision—(a) There shall be set
apart annually from the revenues of the city, a sinking fund suf-
ficient in amount to pay the indebtedness of the city as it matures
and which by its terms is not payable in one year.
(b) When the taxes on real and personal property are collected
each year the city treasurer shall take therefrom and deposit in a
separate account to the credit of the sinking fund commission, in
such bank or banks as the council may designate, and the said
commission may, if it shall so elect, cause the sinking fund to be
loaned on improved real estate situated in the said city, or in the
county of Augusta, and secure the same by first mortgage liens
thereon, provided such funds shall not be loaned at a greater rate
than fifty per centum of the fair market value of such real estate.

(c) All such sinking funds shall be used exclusively in the
payment or purchase and redemption of the outstanding bonds of
the city, and when such sinking funds are not required or may not
within a reasonable time be required for the payment of any bonds
of the city, or cannot be used to advantage in the purchase and re-
demption of any bonds of the city which may be outstanding, the
same shall be securely invested in interest-bearing municipal, State
or government bonds, or loaned upon otherwise unencumbered real
estate, within the State, upon a basis not exceeding fifty per centum
of the fair cash value of such real estate or invested in other securi-
ties approved by the general laws of the State for the investment of
such funds, or deposited in bank on a reasonable rate of interest.
Such sinking funds may be used in the payment or purchase and
redemption of serial bonds, as well as term bonds.

(d) The council of the city of Waynesboro shall appoint a
sinking fund commission for the city, composed of three freeholders,
whose duties shall be to take over annually from the treasurer, and
invest the sinking fund as herein provided; and shall annually sub-
mit a report to the council showing the condition and amount of the
sinking fund. A bond with satisfactory surety shall be required of
the sinking fund commission, the amount of which shall be fixed
by ordinance here.

Section 41. Bond Issues.—(a) The council may in the name of
and for the use of the city, contract debts and make and issue, or
cause to be made and issued as evidence thereof, bonds, notes, or
other obligations, upon the credit of the city or solely upon the credit
of specific property owned by the city, or solely upon the credit of
income derived from property used in connection with any public
utility owned and operated by the city. But except as provided in
subsection (b) of this section, no debt shall hereafter be contracted
for a longer period than that of the probable life of the work or
object for which the debt is to be contracted. The probable life of
no public improvement shall be considered over thirty years, except
that the possible life of public buildings other than schoolhouses
may be forty years; concrete bridges, forty years, and parks or other
real estate. fifty years.

(b) Bonds issued for the refunding of previous issues shall in
no case be for a greater period than thirty years.
(c) In lieu, however, of creating a sinking fund, or sinking
funds, as in section forty herein provided, the city may issue bonds,
hereafter called “serial bonds”, payable in annual installments, the
first of which shall be payable at any time the council may prescribe
in the ordinance authorizing the issue of such bonds; and the last
of which shall be payable within the period of the probable life of
the work or object for which the debt evidenced by said bonds was
created.

(d) But no bonds shall be issued, or long term indebtedness
contracted by the city for any purpose whatsoever without a vote
of the duly qualified electors in an election called and held as pre-
scribed by general law in such cases; provided, however, the city
shall have authority without an election to make temporary loans
not in excess of what may be paid out of the current revenues of the
year in which made, and the said temporary loan shall be paid off
within said year.

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

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

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

(h) However, if there shall be omitted from this charter any
provision essential to the valid authorization, sale, execution and
issuance of any of the bonds of said city, the provisions of the general
law with reference to similar bonds shall supply said omission.

(i) Any bonds issued by the city under this charter shall be
signed by the mayor and attested by the clerk under the seal of the
city, and shall be made payable at the office of the city treasurer or
such other place, in or out of the State, as the council may provide.
Such bonds shall be advertised by the city manager and sold by the
city treasurer, under supervision of the mayor, city manager, and
clerk, and the sale reported to and approved by the council, and
the proceeds from said sale shall be paid to the city treasurer.

Section 42. Appropriation Ordinance and Levy.—At not less
than thirty days before the first Monday in the month of April
of each year, the city manager shall submit to the council for its
information a budget for the ensuing fiscal year, and on the second
Monday in June in each year, the council shall lay its levy on all
property, real and personal, subject to taxation for city purposes,
and not later than July tenth following, the council shall pass its
annual appropriation ordinance.

Section 43. Fiscal Year—Unless and until otherwise provided
by ordinance the fiscal year of the city of Waynesboro shall begin
July first and end June thirtieth.

Section 44. Unencumbered Balances.—At the close of each
fiscal year, or upon the completion or abandonment at any time
within the year of any work, improvement or other object for which
a specific appropriation has been made, the unencumbered balance
of such appropriation shall revert to the respective fund from which
it was appropriated, and shall be subject to further appropriation;
provided, however, this does not prohibit the council from giving
the city manager permission to authorize such transfer within a
department as may be necessary to meet unexpected obligations. No
obligations shall be incurred by an officer or employee of the city,
except in accordance with the provisions of the appropriations made
by the council or under continuing contracts and loans authorized
under the provisions of this charter.

Section 45. Payment of Claim.—Payments by the city shall be
made only upon vouchers certified to by the head of the appropriate
department or other division of the city government, and by means
of warrants on the city treasurer, issued and countersigned by the
chairman of finance and by the city manager. All payrolls, bills, and
other claims and demands against the city shall be examined, cor-
rectly computed and duly certified before a warrant shall be issued
in payment thereof, and no warrant for payment shall be issued
unless it is found that the claim is in proper form; that it is justly
and legally due and payable; and that an appropriation has been
made therefor which has not been exhausted, or that the payment has
been otherwise legally authorized, and that there is money in the
city treasury to make payment. He may require any claimant to
make oath to the validity of the claim. He may investigate any claim,
and for such purpose may examine witnesses under oath and if he
finds it is fraudulent, erroneous or otherwise invalid, shall not
issue a warrant therefor.

Section 46. Certification—No contract, agreement or other
obligation involving the expenditure of money shall be entered into,
nor shall any ordinance, resolution or order for the expenditure of
money be passed by the council or be authorized by an officer of the
city unless the treasurer shall first certify to the council or to the
proper authority, as the case may be, that the money required for
such contract, agreement, obligation or expenditure is in the treas-
ury or safely assured to be forthcoming and available in time to
comply with or meet such contract, agreement, obligation or expen-
diture; and no contract, agreement, or other obligation involving
the expenditure of money payable from the proceeds of bonds of
the city shall be entered into until the issuance and sale of such
bonds have been duly authorized in accordance with the provisions
of this charter in reference to city bonds.

Section 47. Contingent Fund.—Provision shall be made in the
annual budget and annual appropriation ordinance for a reasonable
contingent fund for use in any of the affairs of the city. Such con-
tingent fund shall be under the joint control of the city manager
and the city council.

TAXATION

Section 48. License Taxes.—(a) License taxes may be im-
posed by ordinance on businesses, trades, professions and callings
and upon the persons, firms, associations and corporations engaged
therein, and the agents thereof, except in cases where taxation by the
localities shall be prohibited by the general law of the State, and
nothing herein shall be construed to repeal or amend any general
law with respect to taxation.

(b) The council may subject any person, who, without having
obtained a license therefor, shall do any act or follow any business,
occupation, vocation, pursuit, or calling in the city for which a
license may be required by ordinance, to such fine or penalty as it is
authorized to impose for any violation of its laws.

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

Section 49. General Taxes.—(a) The council may impose a tax
of one dollar per annum upon all residents of the city who have
attained the age of twenty-one years for school purposes.

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

of the city.

(c) The council of the city of Waynesboro is authorized to and
shall annually order a city levy for so much, as in their opinion is
necessary to be raised in that way, in addition to what may be re-
ceived from licenses and from other sources, to meet the appro-
priations made and to be made and all sums required by law to be
raised for the purposes of the city. The levy so ordered may be upon
all persons in the said city above the age of twenty-one not exempt
by law for the payment of the State capitation ‘tax, and upon any
property therein subject to local taxation and not expressly segregat-
ed to the State for purposes of State taxation only.

It is hereby expressly provided that said council shall, in its
discretion, be authorized to fix such annual levy on property subject
to taxation in the city of Waynesboro, for city purposes, without
any limit as to the rate thereof, any provisions of the general laws
of the State to the contrary notwithstanding, provided that said
council shall not fix such levy on property partially segregated to
the State for purposes of State taxation at a higher rate than is or
may be permitted by the general laws relating thereto.

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

(e) The provisions of this charter, in so far as applicable, with
respect to the collection of taxes shall apply to the assessment and
collection, and to the administration of the assessment and collec-
tion of taxes on personal property and all classes thereof.

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

Section 50. Special assessments.—(a) All local or special as-
sessments shall be made and assessed by the city manager under
such regulations as the council may by ordinance prescribe.

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

Any person affected by such special or local assessment may ap-
peal from the decision of the council as to any such assessment
against him to the corporation court or to the circuit court of
Augusta County.

Section 51. Audits of Accounts.—Upon the death, resignation,
removal or expiration of the term of any officer of ‘the city, the
city manager shall order an audit and investigation to be made of
the accounts of such officer and report to the council.
As soon as practicable after the close of each fiscal year an annual
audit shall be made of all accounts of the city officers. Such audit
shall be made by qualified public accountants, selected by the council,
who have no personal interest, direct or indirect, in the financial
affairs of the city 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 city government.

Section 52. There shall be a lien on all real estate within the
corporate limits for taxes, levies and assessments, in favor of the
city, assessed thereon, from the commencement of the year for
which the same were assessed, and there shall also be a lien on the
real estate on which local assessments for improvements may be
made for the amount of such assessments from the time the same is
levied by the city council. The council may by ordinance permit
taxes to be paid in semi-annual installments.

Section 53. The city, the financial officers and all deputies and
agents charged with the duty of collecting any and all taxes.
licenses and assessments due the city shall have all the powers
provided by law for the collection thereof to cities and towns and
their respective officers thereof, and in addition shall have all the
rights, powers, and remedies provided to any State officers for the
collection of taxes; and it is further expressly provided that the
treasurer, commissioner of revenue and court clerk shall proceed
under the general law for the handling of delinquent lands, the
sale thereof, the purchase of same with the required reports of sale
and all provisions for redemption, or if not redeemed for the making
of a tax title deed, in accordance with the provisions of the Tax Code
of Virginia. In addition to the lien for the principal amount of
such taxes the city shall have a lien, with all the priorities provided
therefor, for any and all penalties, interest and costs accrued by
reason of delinquency in the payment of such taxes.

PUBLIC PROPERTY AND FRANCHISE

Section 54. Transfer of Franchise—(a) No public utility
franchise shall be transferable except with the approval of the
council expressed by ordinance, and copies of all authorized trans-
fers shall be filed with the city clerk within ten davs after the execu-
tion and delivery thereof.

(b) Rights reserved to the City.—All grants, renewals, exten-
sions or amendments of public utility franchises, whether so pro-
vided in the ordinance or not, shall be subject to the right of the
city,

(1) To require proper and adequate extensions of plant
and services and the maintenance of the plant and fixtures at the
highest practical standard of efficiency.

(2) To require recognized standards of service.

(3) To prescribe the form of accounts and at any time to
examine and audit the accounts and other records of such utility ;
and to require annual and other reports by such public utility;
provided, that if form of account shall have been prescribed by the
State Corporation Commission of Virginia for public utilities
throughout the State, the form so prescribed shall be controlling.

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

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

(6) However, if there shall be omitted from this charter any
provisions essential to the valid sale, or granting, renewing, extend-
ing. or amending, of any franchise, privilege, lease, or right of any
kind to use any public property therein, the provisions of the gen-
eral law with reference to this subject shall supply said omissions.
Provided, however, that nothing contained in this charter shall
affect any franchise heretofore granted, or any contract heretofore
made with a public utility corporation. nor shall anything con-
tained in this charter be construed to conflict with the jurisdiction of
the State Corporation Commission of Virginia.

PUBLIC SCHOOLS

Section 55. The city of Waynesboro shall constitute a separate
school division. It shall have a school board consisting of five
members, one of whom shall be appointed annually by the council of
the city, to serve for a term of five years; the eligibility and com-
pensation of the members of the school board shall be the same
as prescribed by law. The persons who are members of the board
at the time this charter takes effect shall continue to September
first. nineteen hundred forty-eight. At the organization meeting of
the city council, September first, nineteen hundred forty-eight, or
as soon thereafter as may be practicable, the city council shall ap-
point five members of the school board who shall cast lots to deter-
mine who shall serve for terms of one, two, three, four and five
vears, and thereafter the city council shall appoint one member of
the school board annually for a five year term beginning September
first as their respective terms expire. Any vacancy shall be filled by
the council for the unexpired term. No person shall be eligible to
succeed himself on the school board after the expiration of his term
beginning September first, nineteen hundred forty-eight.

The school board shall be a body corporate under the “Waynes-
bero school board”, by which name it may sue and be sued, contract
and be contracted with, purchase, take, hold, lease, and convey
school property, both real and personal. The title to all public
school property within the corporate limits of the city shall be and
the same is hereby by operation of law transferred to and vested
in the Waynesboro school board.

By mutual consent of the school board and the council of the
city, the title to the school property may, by the board, be transferred
to and vested in the city.

The school board shall submit to the council annually or oftener
an estimate of what funds may be needed for the proper mainte-
nance and growth of the public schools of the city, and the council
shall levy a tax upon property subject to local taxation for the
purpose of maintaining the schools, to be collected along with other
taxes by the treasurer of the city and placed in a special account.
subject to the order of the school board. The State school fund shall
be apportioned to the Waynesboro school division separately from
the county of Augusta, and all such funds designated for the benefit
of the schools therein shall be paid by the disbursing officers of the
State to the treasurer of the city and by such treasurer of the city
kept in his school account, to be paid out on the order of the school
board.

The school board shall establish and maintain in the city a gen-
eral system of public free schools in accordance with the require-
ments of the Constitution and general education policy of the Com-
monwealth, for the accomplishment of which purpose it shall have
the following powers and duties:

First. To explain, enforce and observe the school laws, and to
make rules for the government of the schools and for regulating
the conduct of pupils going to and returning therefrom.

Second. To determine the studies to be pursued, in accordance
with the regulations of the State Board of Education, the methods
of teaching, the government to be employed in the schools, and the
length of the school term.

Third. To employ teachers from a list or lists of eligibles to be
furnished by the division superintendent, and to dismiss them when
delinquent, inefficient, or in any wise unworthy of the position, but
no teacher shall be employed unless such teacher has the qualifica-
tions prescribed by law.

Fourth. To suspend or expel pupils when the prosperity and
efficiency of the schools makes it necessary ; to decide what children
entering the schools of the city are entitled by reason of the poverty
of their parents or guardians to receive text-books free of charge,
and provide for supplying them accordingly; to establish a high
school or high schools; to see that the census of children is taken
within the proper time and in the proper manner, as prescribed by
law.

Fifth. To hold regular and special meetings of the school board
and to call meetings of the people of the city for consultation in
regard to the school interests thereof.
Sixth. To provide suitable school houses with proper furniture
and appliances and to care for, manage and control the school pro-
perty of the city. For these purposes it may lease, purchase, or build
such school houses according to the exigencies of the city and the
means at its disposal. The plans for the school houses shall be sub-
mitted to and approved in writing by the division superintendent of
schools, before the same are contracted for or erected. All school
buildings shall be maintained in a safe.and sanitary condition, with
due regard for health and decency, and for the lack of which the
division superintendent shall condemn the same and immediately
give notice to the chairman of the school board in writing, and
thereafter no school shall be held therein nor shall any of the
State or city fund be applied to support any such school houses,
until the division superintendent shall certify in writing to the city
school board that he is satisfied with the condition of such building,
and with the equipment pertaining thereto.

Seventh. To visit the public schools of the city from time to
time and to take care that they are conducted according to law and
with the utmost efficiency ; to manage and control the school funds
of the city and to provide for the pay of the teachers, and for any
expenses attending the administration of the public school system
in the city, so far as the same is under the control or at the charge
of the school officials.

Eighth. To examine all claims against the school board and
when approved pay the same provided that a record of such ap-
proval shall be made in the proceedings of the board and a warrant
on the city treasurer shall be drawn, signed by the chairman of the
board and countersigned by the clerk thereof, payable to the person
or persons entitled to receive such money and stating on its face
the purpose or service for which it is to be paid, and that such
warrant is drawn in pursuance of an order entered by the board on
the. eee day Of... eseeeeeeoee

Ninth. The school board shall have power to acquire by con-
demnation land within or without the city, whether dwellings, yards,
gardens or orchards be invaded or not, for school purposes not to
exceed fifteen acres for any one school when necessary.

Tenth. And in addition to the foregoing enumerated powers
and duties the school board shall exercise such other powers and
perform such other duties not inconsistent herewith as are pre-
scribed for county school boards insofar as applicable, or imposed
by the State Board of Education.

The present members of the school board of the city of Waynes-
boro shall continue in office until September first, nineteen hundred
forty-eight; they shall not be members of the school board of
Augusta County, and the county school board of Augusta County
shall have no control over the school property of the city or the ad-
ministration of the public school system thereof.
Section 56. Vacancies.—Vacancies in any offices provided for
in this charter shall be filled by the authority and in the manner
provided herein for the original appointment or election of such
officers.

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

Section 57. Oaths of Office and Qualification—Except as
otherwise provided by general law or by this charter, all officers
elected or appointed under the provisions of this charter shall take
the oath of office and execute such bond as may be required by gen-
eral law, by this charter, or by ordinance or resolution of the
council, and file the same with the city clerk, before entering upon
the discharge of their duties, and if the requirements of this section
have not been complied with by any officer within ten days after
the term of office shall have begun or after his appointment to fill
a vacancy, then such office shall be considered vacant.

Section 58. Officers to Administer Oaths.—The commissioner of
the revenue, city clerk, city treasurer and city manager shall have
power to administer oaths and to take and sign affidavits in the
discharge of their respective official duties.

Section 59. Bond.—All officers elected or appointed under
the provisions of this charter shall, unless otherwise provided by
general law or by this charter, execute such bonds, with such ap-
proved corporate surety, as may be required by general law, by this
charter or by ordinance or resolution of the council, and file the
same with the city clerk before entering upon the discharge of their
duties. The city shall pay the premiums on such bonds.

Section 60. Investigations—The council, the city manager, and
any officer, board or commission authorized by them, or either of
them, shall have power to make investigation as to city affairs, and
for the 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 board
or officer be summoned before the civil and police justice of the
said city by the board or official making such investigation, and upon
failure to give satisfactory explanation of such failure or refusal,
may be fined by the civil and police justice not exceeding one hun-
dred dollars or imprisoned not exceeding thirty days, and such
person shall have the right to appeal to the circuit court of Augusta
county. Any person who shall give false testimony under oath at
any such investigation shall be liable to prosecution for perjury.

Section 61. Revocable Permits.—Every permit given or author-
ized by the council or city manager to violate the ordinances of the
city establishing fire limits and providing for the character of
materials which may be used in the construction of buildings within
such fire limits, and every permit authorizing the violation of the
ordinances of the city relating to obstructions in, over and under,
or encroachments on the streets, alleys, parks and other public
grounds and property of the city, and every permit authorizing the
violations of any ordinance of the city, shall be deemed to be a
license and not a franchise or grant, and shall be revocable at the
will of the council.

Section 62. Books and Papers Delivered to Successor or City
Clerk—Any person holding a municipal office and vacating the
same on account of removal or otherwise shall deliver over to his
successor in office, or to the city clerk, all property and books and
papers belonging to the city, or appertaining to such office which
may be in his possession or under his control, and in case of his
failure to do so within ten days after he shall have vacated the office,
or within such time thereafter as the council shall elect, and upon
due notification or request of the city clerk, he shall forfeit and pay
to said city a sum not in excess of five hundred dollars, to be sued
for and recovered with costs, and all books, records and documents
used in such office by virtue of any provisions of this act or of any
ordinance or resolution of the council, or by order of any superior
officer of said city, shall be deemed the property of said city as
appertaining to said office, and the incumbent of such office and his
sureties on his bond shall be responsible therefor.

Section 63. Working prisoners.—Subject to the general laws
of the State regulating the working of those convicted of offenses
against the State, the council shall have the power to provide by
ordinance for the employment or the working, either within or
without the city limits, or within or without any city prison or jail,
of all persons sentenced to confinement in said prison or jail for the
violation of the laws of the State of Virginia, or the ordinances of
the city of Waynesboro.

Section 64. Penalty for Officers Failing to Perform Duties.—
If any officer of the city of Waynesboro, whether he be elected by
vote of the people or by the council, or appointed by the council, or
the city manager, shall fail or refuse to perform any of the duties
required of him by this chapter or by ordinance or resolution of the
city council, he shall be fined not less than five dollars nor more than
one hundred dollars for each offense, and he and his sureties on his
oficial bond shall be liable for all damages which may accrue to
the city or any other person by reason of such failure or refusal.

Section 65. Police Agents and Jurisdiction of Police—Any
person, firm, association, owner or owners, or the president of any
corporation, or any industrial plant or commercial house or houses,
or educational or eleemosynary institutions in the city or within a
mile of the corporate limits thereof, may, with the approbation of
the city manager or mayor, appoint one or more police agents who
shall have authority in all cases in which the rights of such person.
persons, firm, association or owner or owners, or the president of
such owning corporations are involved to exercise within the city
and within one mile of the corporate limits thereof, all powers which
can be lawfully exercised by any police officer for the preservation
of the property, the arrest of offenders and disorderly persons, and
for the enforcement of the laws against criminals ; and such person,
firm, association or owner or owners, or the president of such owning
corporation may remove any such agent, and the city manager or
mavor, or the successor of either giving such consent may at any
time revoke it; and the city of Waynesboro may at its discretion
appoint such police or officers as the city manager may deem neces-
sary to be used in and about and for the protection of any municipal
airport which the city may at any time own or control; and any
source of supply of water which may be owned or used by the
city wherever the same may be situated and any and all other pub-
lic property owned by the city of Waynesboro wherever situated.

All of such police officers hereinabove mentioned shall qualify
before the officer approving the appointment, and a record shall be
kept of their appointment and qualification; but the city shall not
on account of the approval or consent of the mayor and city manager
to said appointment, be liable to said appointments for private or
semi-private institutions, be liable to any person for the negligence
or acts of omission or commission of said police officers or agents.

Section 66. City Plan—(a) The city council may cause to be
prepared and adopted a comprehensive city plan providing for the
future improvement and growth of the city within and without the
city limits and including the altering and extension of streets, and
opening of new subdivisions, the changing and improving the
channels of the creeks running into and through the city, the loca-
tion and opening of the most practical and direct highways from the
city into the adjoining country, the improvement of entrances and
terminals to and from the city, including those of public service cor-
porations looking to the future harmonious development of a city
plan, the planning for playgrounds, parks and boulevard system, the
location of public buildings, including school buildings and other
public works, and public utilities, and all such other things as will
tend to make the city of Waynesboro a more convenient, attractive,
and modern city.

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

The council, at its discretion, shall have power to vacate, alter,
or discontinue, in whole or in part, any public street, avenue, or
alley, in the city in the manner following :

On the application of any landowner or on resolution of the
council of its own motion, the mayor shall appoint three viewers to
act as commissioners, who shall ascertain and report if any in-
convenience will result to the public and whether in their opinion
any, and if any, what special damage, will be suffered by the land-
owner or landowners abutting thereon, if the street, avenue, or alley
is vacated, discontinued, or altered in whole or in part, as proposed.
Upon the return of the report, the mayor shall fix a time and place to
consider the said report of which the clerk of the council shall
give notice by publication once a week for two successive weeks in
a newspaper published in the city, or having general circulation
therein. At the hearing, evidence may be offered for and against the
report, and the council may at that or any adjourned or regular
meeting approve, or modify the report as to it shall seem right,
just and proper, and as approved, or modified, adopt the same, or
reject the report and dismiss the proceeding. If the report is adopted,
or as modified is adopted, the council shall pass an ordinance pre-
scribing such conditions, if any, as to it shall seem proper, vacating,
discontinuing, or altering the said street, avenue, or alley in whole
or in part. The title to the street, avenue, or alley, or to such part
thereof as shall be vacated, discontinued or altered shall vest in the
city, or in the landowner or landowners, whose property abuts there-
on, to be determined by the council in the ordinance. An appeal of
right may be taken by a dissatisfied landowner affected, within
ten days of the passage of the ordinance, vacating, discontinuing or
altering any street, avenue, or alley, or any part thereof, to the cir-
cuit court of Augusta county on the question of special damages,
awarded, but the right, motives, or purposes of the council touching
the vacation, alteration, or discontinuance of the street, avenue, or
alley, in whole or in part, or the conditions prescribed or annexed,
shall not be open to inquiry on appeal.

Any street, avenue or alley in the city, or any part thereof here-
tofore altered or vacated by the council is hereby confirmed.

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

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

(d) 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 relation thereof to the streets and alleys
contiguous thereto and the adjoining lands, both as to con-
nections 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 city.

(e) And, before approving such plat, and thereby accepting
the dedication of the streets and alleys thereon, the council shall
require the owner thereof to execute and deliver to the city of
Waynesboro a release and waiver of any claim or claims for damages
which the owner, his heirs, successors or assigns may have or ac-
quire against the city of Waynesboro 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 plac-
ing such streets and alleys upon the proper grade and releasing
the city of Waynesboro 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 said clerk’s office, circuit court of Augusta
County.

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

(f) Before approving any such plat of any subdivision of lots
or lands the city council may, at its discretion, require the owner
thereof to lay out and establish proper building lines thereon, and
to show on such plat that all conveyances of lots shown on such
plat are to be made with reference thereto for the benefit of the
respective lot owners and the city of Waynesboro.

Section 67. Powers of Policemen.—For the purpose of enabling
the city to execute its duties and powers each member of the police
force and each policeman is hereby made and constituted a con-
servator of the peace and endowed with all the power of a police
officer in criminal cases and all other powers which under the laws
of the city may be necessary to enable him to discharge the duties of
his office.

Section 68. General Power.—Said council shall have power to
pass all ordinances, regulations, or orders not contrary to the Con-
stitution and laws of the United States, or of this State, which the
said council may deem necessary and proper for the welfare of said
city or any of its citizens, and such other powers as are now or
may hereafter be vested in it by the laws of this State, and to amend
or repeal the same at its pleasure, and to enforce the observance of
such ordinances, orders, and regulations under penalties not ex-
ceeding five hundred dollars, or imprisonment not exceeding twelve
months, or both, fines to be recovered with costs, in the name of
said city before the proper court, and applied in aid of the taxes
imposed by said city.

Section 69. Ordinances to Continue in Force——All ordinances
now in force in the city of Waynesboro, not inconsistent with this
charter, shall be and remain in force until altered, amended or
repealed by the council of said city.

Section 70. City to Settle Controversies——In the event the city
manager, or other officer elected by the council, in the administra-
tion of their respective duties, shall disagree or have any controversy
with any of the officers of the city elected by the voters, such
matter in dispute or controversy shall be referred to the council for
review and decision.

Section 71. Partial Invalidity—If any clause, sentence, para-
graph, or part of this act, shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of said act, but shall
be confined in its operations to the clause, sentence, paragraph, or
part thereof directly involved in the controversy in which said
judgment shall have been rendered.

Section 72. In. case of default on the part of any bonded
municipal officer, the city 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.

Section 73. The present officers of the city shall be and remain
in office until the expiration of their several terms, unless otherwise
provided.

Section 74. General Laws to Apply.—The enumeration of par-
ticular powers and authority in this charter shall not be deemed or
held to be exclusive, but in addition to the powers enumerated
herein implied thereby, or appropriate to the exercise thereof, the
said city shall have and may exercise all other powers which are now
or may hereafter be possessed or enjoyed by cities under the Consti-
tution and general laws of the State.

Section 75. Repealing Clause——All acts and parts of acts in
conflict with this charter are hereby repealed, in so far as they
affect the provisions of this charter, and former charters and amend-
ments thereto for the city of Waynesboro are hereby repealed ; pro-
vided, however, that nothing contained in this act, shall be construed
to invalidate or to, in any manner, affect the present existing indeb-
tedness and liabilities of the city of Waynesboro, whether evidenced
by bonded obligations or otherwise, or to relieve it of any part of its
present obligation or liability on account of district bond issues,
liabilities or debts of whatsoever nature or kind.

2. Chapter four hundred eighty-two of the Acts of Assembly
of nineteen hundred twenty-eight, approved March twenty-six,
nineteen hundred twenty-eight, and all amendments thereof are
repealed.

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