Chap. 337.—An ACT to provide a new charter for the town of Pulaski, in the
county of Pulaski, and to r the charter which was provided for said
town by Chapter 242 of the Acts of Assembly of 1910, approved March 16,
1910, and all acts and parts of acts amendatory thereof, and all other acts
inconsistent with this act. [H 258]

Approved March 31, 1948

Whereas, the council of the town of Pulaski, Virginia, did, by the
recorded unanimous vote of its members at a meeting held on the 22nd
day of January, 1948, approve the proposed charter for the town of
Pulaski, Virginia, which is hereinafter enacted ; and

Whereas, said proposed charter was approved by said council pur-
suant to a mass meeting of the electors for said town held on the 20th
day of January, 1948, after publication of said proposed charter; and

Whereas, the council for the town of Pulaski, Virginia, has requested
that the General Assembly of the State of Virginia enact said charter.

Now, therefore, pursuant to the request of the town of Pulaski, Vir-
ginia, made as hereinabove recited:

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

1. Section 1. The Town Corporate.—The inhabitants of the ter-
ritory embraced within the present limits of the town of Pulaski, in
Pulaski County, Virginia, as hereinafter defined, or as the same may
be hereafter altered and established by law, shall constitute and continue
a body politic and corporate, to be known and designated as the town
of Pulaski, and as such shall have and may exercise all powers which are
now, or may hereafter be, conferred upon or delegated to towns under
the Constitution and laws of the Commonwealth of Virginia as fully
and completely as though such powers were specifically enumerated
herein, and no enumeration of particular powers herein shall be held
to be exclusive, and said town shall have, exercise and enjoy all the
rights, immunities, powers and privileges and be subject to all the duties
and obligations now appertaining to and incumbent on said town as a
municipal corporation and the said town of Pulaski, as such, shall have

tual succession, may sue, and be sued, implead and be impleaded,
contract and be contracted with, and may have a corporate seal which
it may alter, renew or amend at its pleasure by proper ordinance.

Section 2. Existing Contracts and Obligations——The adoption of
this charter shall not affect the validity of any contract or obligation of
the town of Pulaski which is not inconsistent with the provisions of this
charter and which is otherwise valid.

Section 3. Town Boundaries.—The corporate limits of the town
of Pulaski, Virginia, until altered as provided by law, shall embrace
the territory within the following boundary, to-wit:

BEGINNING at the east end of the fifth bridge on the Norfolk
and Western Railroad, west of the former Bertha Zinc works, and
running thence due north one-fourth of a mile (1320 feet), to a concrete
marker; thence due east 698.3 feet to a concrete marker in a line of
the former Bertha Mineral Company land; thence North 41 degrees 23
596 ACTS OF ASSEMBLY [va., 1948

minutes East 2869.67 feet to a concrete marker on the north bank of
Tract Fork of Peak Creek; thence with the north bank of said creek,
North 77 degrees 31 minutes East 354.80 feet; North 66 degrees 42
minutes East 589.35 feet to a point at the center of the south side of
the abutment of the former narrow gauge railroad bridge; thence con-
tinuing with the north bank of said creek, North 89 degrees 50 minutes
East 75.88 feet; North 70 degrees 51 minutes East 189.60 feet; South
89 degrees 25 minutes East 83.45 feet to a concrete marker at the mouth
of a branch; thence up said branch North 31 degrees 25 minutes East
85.00 feet; North 14 degrees 53 minutes West 137.60 feet; North 14
degrees 58 minutes East 231.20 feet; North 35 degrees 31 minutes East
194.20 feet; North 9 degrees 53 minutes East 175.30 feet; North 54
degrees 42 minutes East 48.20 feet; North 20 degrees 31 minutes East
151.80 feet; North 8 degrees 10 minutes West 172.96 feet; North 20
degrees 48 minutes West 292.82 feet; North 8 degrees 56 minutes East
285.29 feet to the center line of a road and a small concrete culvert over a
branch; thence North 13 degrees 22 minutes West 482.14 feet to a
concrete marker, at a fence corner; thence with a property line, North
4 degrees 08 minutes West 1980.20 feet to a set stone in the south line of
a colored cemetery; thence with said line North 88 degrees, 35 minutes
West 320.90 feet to a concrete marker on the east side of Thaxton Road;
thence with the east side of said road, North 28 degrees 43 minutes east
445.30 feet to a set stone at the northwest corner of said cemetery ; said
stone being in the northerly boundary line of the lands formerly owned
by Pulaski Land & Improvement Company ; thence with said line to its
intersection with Robinson Tract Road; thence in a straight line to the
northwest corner of Oakwood Cemetery ; thence along the northern and
eastern boundaries of said cemetery to the southeast corner of the same;
thence along the southern boundary of said cemetery to Jefferson Avenue ;
thence along Jefferson Avenue to its intersection with Brook Avenue;
thence down Brook Avenue to Monroe Avenue near the former residence
of J. C. Wysor; thence along Monroe Avenue to Fifth Street or the
Pepper’s Ferry Road; thence with the same to the point where the
Alum Springs Road (now Lee Highway) intersects with the Pepper’s
Ferry Road; thence crossing said roads to the nearest point on the
line of the land of the Pulaski Iron Company; thence in an easterly
course with the northern boundary of the said Pulaski Iron Company
land to where the same touches the northwest corner of the land belonging
to, or which formerly belonged to the Lake Spring Land and Improve-
ment Company ; thence along the south side of the Pepper’s Ferry Road
to a stone marker at the northwest corner of the former Macgill land
(now Macgill Village); thence with the lines of said Macgill land
South 62 degrees 16 minutes East 686 feet to a point; thence South 73
degrees 21 minutes East 215 feet to a point; thence South 70 degrees 47
minutes East 292.4 feet to a concrete marker in the north line of Newbern
Road; thence crossing said road, and running with the south line of
another road South 70 degrees 47 minutes East 298.3 feet to a concrete
marker on the south side of said road; thence leaving said road with
old line of said Macgill land, South 2 degrees 00 minutes West 1783.33
feet to a concrete marker corner of General Chemical Company land;
thence with the lines of said land North 72 degrees 26 minutes West
430.0 feet to a concrete marker; thence South 12 degrees 27 minutes
West 712.3 feet to a concrete marker in the center line of Third Street,
N. E.; thence with said center line of Third Street, N. E., North 88
degrees 00 minutes West 804.7 feet to a concrete marker at the intersec-
tion with the center line of Union Avenue extended; thence southward
with the same, South 2 degrees 00 minutes West 516.27 feet to a point
near the General Chemical plant; thence South 71 degrees 30 minutes
East 691.6 feet to a concrete marker in the old line of Lake Springs Land
and Improvement Company; thence with said line South ip degrees 27
minutes West 368.94 feet to a concrete marker in the south right-of-way
line of the Norfolk and Western Railway; thence with said line North
88 degrees 00 minutes West 1324.3 feet to a concrete marker, opposite
the west end of the bridge over Peak Creek (which railway bridge is
known as the Pierce bridge) ; thence South 30 degrees 03 minutes East
732.6 feet to a concrete marker at the southwest intersection of Maple
Avenue and Birch Street; thence south along the west side of Birch
Street to the north side of Jackson Avenue; thence east along the north
side of Jackson Avenue to the east line of the land of the Lake Spring
Land and Improvement Company; thence along the east line of said
Lake Spring Land and Improvement Company to the southeast corner
of the lands of said Lake Spring Land and Improvement Company ;
thence around the south and western boundary of the Lake Spring Land
and Improvement Company to the land of the Martin Land and Improve-
ment Company; thence along the south boundary of the same to the
southwest corner of the same; thence due West 5141 feet to a point due
south from the point of beginning, and thence due north 2549.7 feet to the
place of BEGINNING.

Section 4. Establishment of Wards.—The said town limits shall,
be divided into four wards as follows:

The first ward shall consist of all the territory now within the cor-
porate limits, or within such corporate limits as the same may be sub-
sequently changed by annexation or contraction, which lies north of the
Norfolk and Western Railroad and west of Washington Avenue to a
point where Washington Avenue intersects with Prospect Avenue, and
thence south and west of Prospect Avenue and Jefferson Avenue, to
a point where Jefferson Avenue now intersects, or as extended in a
straight line, might subsequently intersect with the corporate boundary.

The second ward shall consist of all the territory now within the cor-
porate limits, or within such corporate limits as the same may be subse-
quently changed by annexation or contraction, which lies. north of the
Norfolk and Western Railroad and east of Washington Avenue to a
point where Washington Avenue intersects with Prospect Avenue, and
thence north and east of Prospect Avenue and Jefferson Avenue, to
a point where Jefferson Avenue now intersects, or as extended in a
straight line, might subsequently intersect with the corporate boundary.

The third ward shall consist of all the territory now within the cor-
porate limits, or within such corporate limits as the same may be subse-
quently changed by annexation or contraction, which lies south of the
Norfolk and Western Railroad and east of Washington Avenue or
U. S. Route Number 11 to a point where said avenue or U. S. Route
11 intersects with the corporate boundary.

The fourth ward shall consist of all the territory now within the
corporate limits, or within such corporate limits as the same may be
subsequently changed by annexation or contraction, which lies south
of the Norfolk and Western Railroad and west of Washington Avenue
or U. S. Route Number 11 to a point where said avenue or U. S. Route
Number 11 intersects with the corporate boundary.

Section 5. Powers of the Town of Pulaski—lIn addition to any
powers which may be elsewhere enumerated in this chapter and the
powers conferred by general law and the Constitution of Virginia, the
town of Pulaski shall have the following powers:

BUILDING AND ZONING

1. (a) To make and adopt a comprehensive plan for the town and
to that end all plats and replats hereafter made subdividing any land
within the town into streets, alleys, roads and lots, or tracts, shall be sub-
mitted to, and approved by the council before such plats or replats are
filed for record, or recorded, in the office of the Clerk of the Circuit
Court of Pulaski County, Virginia.

(b) Any street or alley reserved in the division or subdivision into
lots of any portion of the territory within the corporate limits of said
town by a plan or plat of record and approved by council shall be deemed
and held to be dedicated to public use, unless it appears by said record
that the street or alley so reserved is designated for private use, or that
council in approving said plat or subdivision refuses to accept dedication
of all or any of the streets or alleys shown on such plat.

2. To enact and carry out zoning ordinances within the limits of
the said town in conformity with the laws of the State of Virginia and
by ordinances, from time to time, to modify and change the same.

3. To regulate the size, height, materials and construction of
buildings, fences, walls, retaining walls, excavations and other structures
hereafter erected in such manner as the public safety and convenience
may require; to remove, or require to be removed or reconstructed, any
building, structure or addition thereto, which, by reason of dilapidation,
defect of structure, or other causes, may have become dangerous to life
or property, or which may be erected contrary to law; to establish and
designate from time to time fire limitations, within which limitations
wooden buildings shall not be constructed, added to, enlarged or re-
paired and to require that any or all future buildings within such limita-
tions shall be constructed of stone, natural or artificial brick, iron or
other fire proof materials; to enact stringent and efficient laws for secur-
ing the safety of persons from fires in halls and buildings used for public
assemblies, entertainments or amusements.

4. To provide for reguldr and safe construction of houses in the
town for the future and to provide a building code for the town; to
provide set back lines on the streets beyond which no buildings may be
constructed ; to require the standard of all dwelling houses to be main-
tained in residential sections in keeping with the majority of residences
therein and to require the standard of all business houses to be main-
tained in business sections in keeping with the majority of the business
houses therein; to establish sections or zones within the town to be
used exclusively for business, residential or other purposes as the
council may designate and to prohibit the construction of any building
or the conducting of any business within said section or zone inconsistent
with the purpose for which it has been exclusively designated.

To issue, or refuse to issue, permits for the construction of
buildings, fences, walls, excavations, or other structures in the said town;
and any person, firm or corporation failing to secure such permit prior
to the beginning of said construction or other work shall be deemed
guilty of a misdemeanor.

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

7. To enact and carry out plumbing and heating ordinances, elec-
tric light and power installation ordinances, and water and gas installa-
tion ordinances, and to regulate within the limits of the town the instal-
lation of water, gas and heating pipe lines, fixtures, boilers and plants,
and electric light and power lines, and to regulate and supervise the
installation of the same.

8. Any zoning ordinance passed by the council pursuant to authority
of this charter may be administered directly by the council or by a
zoning or planning commission created by the council, and the council,
or the commission, in the event the powers and authority are conferred
upon and delegated to a commission by action of a council, shall as
nearly as practical coordinate their plans and procedures with any
planning commission of the county of Pulaski, Virginia, or such other
agency or governmental department as may be vested with zoning
authority within the county of Pulaski, Virginia.

FINANCES

9. To expend the money of the town for all lawful purposes.

10. The town council shall prepare, or cause to be prepared, an-
nually, a budget showing the estimated receipts and proposed expendi-
tures for town purposes as required by State law. A public hearing
shall be had by the council prior to the adoption of the budget and
a copy of the proposed budget shall be published in one issue of a news-
paper having general circulation in the town of Pulaski, Virginia, at
least one week prior to said public hearing, and the publication of the
proposed budget shall carry with it a notice of the time and place of
said public hearing on the proposed budget and which public hearing
may be at either a regular or special meeting of council, The budget shall
be adopted within six weeks following the beginning of the fiscal year
covered by the budget so adopted, but the failure to adopt said budget
within said six weeks period shall not invalidate its subsequent adoption.
However, no moneys may be legally expended for town purposes after
the expiration of said six weeks period until after the budget shall have
been adopted.

11. (a) The town may in the name, and for the use of the town,
contract debts and make and issue, or cause to be made and issued, as
evidence thereof, bonds, notes or other obligations within the limitations
prescribed by the Constitution, and in accordance with the provisions
of law concerning bond issues by towns, upon the credit of the town, or
solely upon the credit of specific property owned by the town, or solely
upon the credit of income derived from property used in connection
with public utilities owned and operated by the town.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act authorized, or in anticipation of the receipt of
taxes and revenues for the current fiscal year, it shall be lawful for the
town to borrow money temporarily and to issue notes or other evidences
of indebtedness therefor, and from time to time to renew such temporary
loans, or to use current funds to be ultimately repaid from the proceeds of
said bonds, notes or other obligations, or from the town taxes and
revenues as the case may be.

12. To issue bonds in such manner, and for all such purposes as
is provided by the statutes and Constitution of the State of Virginia,
either as now existing, or as the same may be subsequently amended.

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

GENERAL POWERS

14. The town shall have the power to extend or contract the cor-
porate limits of the town, as provided by the Constitution and the gen-
eral laws of Virginia in force at the time.

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

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

HEALTH AND SAFETY

17. To compel the abatement and removal of all nuisances within
the town, or within one mile thereof, or upon property owned by the
town beyond its limits irrespective of the distances from the town, at
the expense of the person or persons causing the same, or of the owner
or occupant of the ground or premises whereon the same may be, and
to collect said expense by suit or motion or by distress and sale; to re-
quire all lands, lots and other premises within the town to be kept
clean and sanitary and free from stagnant water, weeds, filth and unsightly
growths, 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 and prevent or prohibit slaughter houses, abattoirs or
other noxious or offensive business in said town, or within one mile
thereof, 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, or within one mile thereof; to regulate the
transportation of all articles through the streets of the town; to compel
the abatement of smoke and dust and prevent unnecessary noise; to
regulate the location of stables and the manner in which they shall be
kept and constructed, or to prohibit the same; to regulate the location,
construction, operation and maintenance of billboards and generally to
define, prohibit, abate, suppress and prevent all things detrimental to the
health, morals, aesthetics, safety, convenience and welfare of the in-
habitants of the town ; and to require all owners or occupants of property
having sidewalks in front thereot to keep the same clean and sanitary and
free from all weeds, filth, unsightly deposits, ice and snow and to require
that any streets or alleys be kept free of any such weeds, filth, unsightly
deposits, ice or snow, together with the right to punish adjoining pro-
perty owners for permitting the same.

18. To regulate or prohibit the keeping or storing of gun powder,
nitroglycerin or other explosive or combustible substance ; and to regulate
or prohibit the exhibition or possession of fire works, the discharge of
firearms and/or fireworks and the making of bon-fires or other open
fires within the said town.

19. To collect and dispose of sewage, offal, ashes, garbage, trash,
carcasses of dead animals and other refuse and to make reasonable
charges therefor; to acquire, construct and operate reduction, incinera-
tion or other plants for the utilization or destruction of such materials
or any of them; to contract or regulate the collection and disposal thereof
and to regulate the storage and preparation for collection thereof.

20. To inspect, test, measure and weigh any commodity or com-

modities or articles of consumption for use within the town; and to
establish, regulate, license and inspect weights, meters, measures and
scales.
21. 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 construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety
and convenience may require; to remove, or require to be removed or
reconstructed, any building, structure or addition thereto which by reason
of dilapidation, defect of structure, or other causes, may have become
dangerous to life or property, or which may be erected contrary to law; to
establish 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 require that any or all future buildings within such
limits shall be constructed of stone, 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 assem-
blies, entertainments or amusements.

22. To provide for the preservation of the general health of the
inhabitants of the said town; to pass ordinances and make regulations
to secure the same, inspect all food stuffs and the preparation thereof
for storage and/or consumption, and to prevent the introduction and
sale in said town of any articles or things intended for human consump-
tion 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; to appoint inspectors,
agents or officers to enforce any such ordinances or regulations within or
without the corporate limits of the said town; and for such services of
inspection, to make reasonable charges therefor ; to prevent the introduc-
tion or spread of contagious or infectious diseases, and prevent or sup-
press disease generally; to provide and regulate hospitals, within or
without the town 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 construct and maintain, or
to aid in the construction and maintenance of a hospital or hospitals for
the use of the people of the town; to provide for the organization of a
department or bureau of health to have the powers of the board of
health for said town, with the authority necessary for the prompt and
efficient performance of its duties and with the power to invest any
or all of the officials or employees of such department of health with
such powers as the police officers of the town have; to establish quaran-
tine ground within or without the town, and to establish such quaran-
tine regulations against such contagious and infectious diseases as the
town may see fit, subject to the laws of the State and of the United
States; and to provide for a bureau of vital statistics and require physi-
cians, mid-wives or parents to make reports thereto.

23. To prevent fowls and animals being kept in or running at large
in the town or any portion thereof, and to subject the same to such taxes,
regulations and penalties as the council may think proper.

LICENSES

24. Except when prohibited by general law, the town may levy
a tax or a license on any person, firm or corporation pursuing
or conducting any trade, business, profession, occupation, employ-
ment or calling whatsoever, or offering to pursue or conduct the same,
within the boundaries of the town, whether or not such license is required
therefor by the State or exceeds any State license or tax, and may
Provide penalties for any violation thereof.

Licenses may also be imposed upon persons, firms or corporations
selling and delivering at the same time at other than a definite place
of business, goods, wares and merchandise to licensed dealers, retailers
or consumers in the town.

25. For every license issued or transferred under this charter, there
may be presceibe by ordinance a reasonable charge or fee for issuing
or transferring the same. Such charges or fees shall be paid into the
town treasury.

26. To license and regulate the holding and location within the
town, or within one mile thereof, of all shows, circuses, public exhibitions,
carnivals and other similar shows or fairs, together with the right to police
the same, or the right to prohibit the holding of any such shows, public
exhibitions, carnivals and other similar shows or fairs in the town, or
within one mile thereof; when any such shows, carnivals, fairs, circuses
or public exhibitions are licensed within the corporate limits of the town,
or within one mile thereof, the license tax imposed may exceed the license
tax imposed by the State on any such thing, unless expressly prohibited
by general law, and the amount of the license tax imposed by the town
may, in some instances, be in excess of the license tax imposed in other
instances for similar things, in the sole discretion of the council.

MOTOR VEHICLES

27. The town may require every owner of motor vehicles residing
in the said town on a date to be designated by the council, and upon
such period of residence as may be fixed by council, to annually register
such motor vehicle, and to obtain a license to operate the same by making
application to such person as may be designated by the council of the
said town to issue said licenses, and to require the said owners to pay
an annual license fee therefor, to be fixed by the council, provided that
the said license fee shall not exceed the amount charged by the State on
said motor vehicle; to provide a license plate as evidence of the regis-
tration of said motor vehicle and payment of the license fee, and to
require that said license plate be attached to and prominently displayed
upon the motor vehicle so licensed.

28. Insofar as not prohibited by general law: to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers
or freight for hire upon the streets or alleys of the town, and to require
the owners or operators of such carriers to provide and maintain, within
the town, suitable terminals for the convenient loading and unloading of
passengers and freight ; to regulate the fares to be charged by operators of
taxicabs or other motor vehicles operating from established stands within
the town or carrying passengers or freight within, out of or into its cor-
porate limits, and to require that the drivers of such vehicles be of such
moral character as meets with the approval of the council and that they
be licensed by the town, pursuant to such examination, regulations or
restrictions as council may prescribe; to regulate the use of automobiles
or other automotive vehicles upon the streets; to regulate the routes in
and through the town to be used by motor vehicle carriers operating in
and through said town, and to prescribe different routes for different
carriers; to prohibit the use of certain streets by motor trucks or buses;
to pass any ordinance or ordinances, or a complete traffic code, regulating
the use and operation of motor vehicles on the streets of the town, and
generally to prescribe such regulations respecting motor traffic therein as
may be considered necessary for the general welfare.

POLICE POWERS

29. To exercise full police powers and establish and maintain a
department or division of police.

30. Insofar as not prohibited by general law, to pass and enforce
all by-laws, rules, regulations and ordinances which it may deem
necessary for the good order and government of the town, the manage-
ment of its property, the conduct of its affairs, the peace, comfort, con-
venience, 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 considered necessary or proper to carry into full effect all powers,
authority, capacity or jurisdiction, which is, or shall be granted to or
vested in said town or in the council, court or officers thereof, or which
may be necessarily incident to a municipal corporation.

31. To restrain and punish drunkards, vagrants and street beggars,
to prevent and quell riots, disturbances and disorderly assemblies; to
suppress houses of ill fame and gambling houses, and to prevent and
punish lewd, indecent and disorderly exhibitions within said town, or
within one mile thereof; and to expel from the town persons guilty of
such conduct who have not resided therein as much as one year.

32. To prevent from coming to the town from without, and to expel
therefrom, any person not having resided therein as much as one year
who has no visible means of support, paupers and persons who may be
dangerous to the peace and safety of the town.
33. To make and enforce ordinances, insofar as not prohibited by
the general laws of this State, to regulate, control, license and/or tax
the manufacture, bottling, sale, distribution, drinking and use of alcohol,
brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout, and
all liquids, beverages and articles containing alcohol by distillation,
fermentation or otherwise.

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

35. To offer and pay rewards for the apprehension and/or convic-
tion of criminals.

To prohibit minors from frequenting, playing in and loitering in
any public pool room, billiard parlor, bowling alley, or any restaurant or
place where alcoholic beverages are dispensed or sold, and to punish
any proprietor or agent thereof for permitting the same.

Except when prohibited by general law, to prohibit or punish
any person, firm or corporation from pursuing or conducting any trade,
business, profession, occupation, employment or calling within the bound-
aries of the town on the Sabbath.

38. To impose any penalty for the violation of any town ordinance,
rule or regulation, or of any provision of this charter, not exceeding five
hundred dollars ($500.00) or twelve months’ imprisonment in jail, or
both, and to ‘provide that the offender, on failing to pay the penalty
recovered with costs, shall be imprisoned in jail, or prison farm of the
town, for a term of not exceeding ninety (90) days, which penalties
may be prosecuted and recovered with costs in the name of the town of
Pulaski, or to compel them to work on the streets or other public im-
provements of the said town, together with the additional right to require
that any person adjudged to be a person of disrepute, ill fame, immoral,
or of having committed or threatened to commit a breach of the peace,
may be required to give bond in a penalty not exceeding five hundred
dollars ($200.00) with approved surety, to keep the peace and be of
good behavior, or to conduct himself or herself in such a manner as
not to be of disrepute, ill fame, or immoral, for a period of one year, and
upon the failure to give any such bond when required, the trial officer
shall have the right to commit such person to confinement in jail, or some
other penal or corrective institution, for an additional period not exceed-
ing six (6) months.

39. To compel persons sentenced to confinement in jail to serve
a jail sentence, or for non-payment of any fine and costs, for any misde-
meanor or other violation of the rules or ordinances of the said town, to
work on the public streets, parks or other public works of the town ; and
on the requisition of the mayor, police justice, or other person acting
as judge of the municipal court, it shall be the duty of the chief of police
of the town to deliver, or cause such person to be delivered, to the
duly authorized agent of the town for such purposes from day to day as
may be required; for the purpose of carrying into effect the police regu-
lations of said town, the town shall be allowed the use of the county
jail of Pulaski County for the safe-keeping and confinement of all prison-
ers who shall be sentenced to imprisonment under the ordinances of
said town, but which shall not preclude the right to confine such prison-
ers in any jail or other corrective, detentive or penal institution which
might be subsequently owned, operated or maintained by the town.

40. To enjoin and restrain the violation of any town ordinance or
nee although a penalty is provided upon conviction of any such
violation.

PUBLIC PROPERTY

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

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

43. To acquire in any lawful manner, for the purpose of encourag-
ing commerce, manufacturing and industry, education, recreation, home
building, health, or for the correction or punishment of crime, or any
other lawful purpose, lands either within or without the town, and
from time to time to sell, dispose of, lease, donate, exchange, or in any
manner alien, the whole or any part thereof, for commercial, industrial,
educational, recreational, residential, health, or any other uses and pur-
poses, either private or public, and irrespective of whether the same has or
has not been dedicated to a specific public use, including the right to aban-
don the public use to which it has been dedicated, or to alter the same,
and this shall apply to lands now owned by the town as well as those
which may be subsequently acquired.

44. To acquire by purchase, gift, devise, condemnation or otherwise,
lands either within or without the town, or both, to be used, kept, im-
proved and maintained, as a place for the interment of the dead, and to
make and enforce all necessary rules and regulations, establish such
trusts or deal with the same in any manner necessary for the protection,
use or perpetual maintenance thereof; to permit or prohibit the establish-
ment of such places of interment and to regulate the same, and also
those heretofore established, together with the right to regulate, prescribe
or prohibit the burial therein of any person or persons belonging to any
particular race, creed, color or denomination; to charge for and to
improve, care for and regulate, the use of the ground therein; to co-
operate with any non-profit corporation or society in the improvement
and care of burial places and approaches thereto; and to provide for the
perpetual upkeep and care of any plot or burial lot therein, and the
said town is authorized to take and receive sums of money by gift,
bequest or otherwise, to be kept invested, and the income thereof used
cH. 337] ACTS OF ASSEMBLY 607

in and about perpetual upkeep and care of said burial place; and said
town is further impowered to subdivide any such land acquired as
burial places for the dead into lots, and to sell or otherwise dispose of
the same, to person or persons, and to contract with such person or
persons, either at the time of sale or other disposition of said lot or lots, or
at any other time, for temporary or permanent care and maintenance, the
payment of such sum or sums to the said town as it may deem sufficient,
to be held and invested by it, the income to be used for said permanent
care and maintenance, and in all such cases such permanent care shall be
consistent with the general rules and regulations governing such burial
places as may be designated by the council of the said town. And all acts
of the said town in accepting from any cemetery or other private com-
pany, society or corporation any such land to be used as a burial place
for the dead, whether said land had been heretofore used or not, as
well as all contracts and agreements made with any person or persons
for perpetual care and maintenance, are hereby declared valid. The said
town shall have the right to sell or convey any property either now owned
or subsequently acquired by it as a place for the burial of the dead, to
trustees under a trust to perpetually maintain the same, or to convey
any of the said property, either now owned or subsequently acquired,
to private persons, firms or corporations, provided any such grantee is
charged with perpetual maintenance and such action approved by the
town council.

45. 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 any other
public purposes; and to do all the things and acts necessary to carry
out the purpose 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.

46. To acquire by purchase, gift, devise or condemnation, property
adjoining its parks or other property used for public purposes, or in the
vicinity of such parks or property used for other public purposes, which
is used and maintained in such a manner as to impair the beauty, use-
fulness or efficiency of such parks or property used for public purposes,
or may be necessary for the enlargement or expansion of the same, and
may likewise acquire property adjacent to any street, the topography of
which, from its proximity thereto, impairs the convenient use of such
streets, or renders impractical without extraordinary expense, the im-
provements of the same, and the town may subsequently dispose of the
property so acquired, making limitations as to the use thereof, which
will protect the beauty, usefullness, efficiency or convenience of such
parks, plats, property or streets.

47. To construct in such parks, play grounds and public grounds
as it may maintain, or upon any town property, stadia, swimming pools,
gymnasia and recreation or amusement buildings, structures or enclosures
of every character, refreshment stands, restaurants, etc.; to charge ad-
mission for the use of the same and to rent out or lease the privileges of
construction or using such stadia, swimming pools, recreation or amuse-
ment buildings, structures or enclosures of every character, refreshment
stands, restaurants, etc.

48. To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal or other buildings, armories,
comfort stations, markets and all buildings and structures necessary
or appropriate for the use and proper operation of the various depart-
ments of the town.

49. To establish, maintain, operate, supervise, control or regulate
a market, or markets, in and for said town; to prescribe the times and
places for holding the same; to make and enforce such regulations as
shall be necessary to prevent huckstering or forestalling, regrating or any
unfair market practice; and to prescribe and collect a use or license fee
for the privilege of selling on said market.

50. To acquire by condemnation, purchase, or otherwise provide
for, maintain, operate, lease and protect air craft landing fields, either
within or without the corporate limits of the town.

51. To acquire by gift, purchase, or by the exercise of the power
of eminent domain within this state, land or any interest or estate in
land, rock quarries, gravel pits, sand pits, mineral or oil rights, water or
water rights, and the necessary roadways thereto, either within or with-
-out the town, or acquire and install machinery and equipment, and
build the necessary roads or tramways thereto, and operate the same
for the purpose of producing materials required for any and all purposes
of the town with the right to sell any such materials so produced for any
and all private purposes and to any and all private persons, firms,
corporations, federal, state or municipal agencies or corporations.

52. To provide and maintain, either within or without the town,
charitable, recreative, punitive, corrective, detentive or penal institutions.

STREETS, SEWERS AND STREAMS

53. To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys, boule-
vards and parkways, and to alter or close the same; to establish and main-
tain 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 shade trees along the streets and upon such
public grounds; to prevent the obstruction of such streets and highways,
abolish and prevent grade crossings 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 town limits to erect and main-
tain at such crossings any style of gate deemed proper and keep a man
in charge thereof, or keep a flagman at such crossing, during such hours
as the council may require in accordance with the provisions of section
thirty-nine hundred and ninety-eight and other sections of the Code of
Virginia; and to regulate the length of time such crossings may be
closed due to any operations of the railroads; to regulate the operation,
weight of load, and speed of all cars and vehicles using the same, as
well as the operation and speed of all engines, cars and trains, or railroads
within the town; to regulate the services to be rendered, including route
traversed, the rates charged by busses, motor cars, cabs and other
vehicles for carrying of passengers and by vehicles for the transfer of
baggage; to permit railroads and street car lines 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 mainte-
nance of the streets between the rails and on either side thereof for such
distances as such streets may be affected by the construction, operation,
repair or maintenance of such railroads or street car lines, and to require
the reconstruction of so much of said streets as may be damaged by the
removal of such railroads or street car line; 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 lessee of any electric light, telephone or
telegraph pole, or poles or wires now in use or hereafter erected, to
change the location or move the same; to open, lay out, and improve
new streets across the track or tracks, yard or yards, of any railroad in
the town, and any such new or existing street or streets may cross any
such track or tracks, yard or yards, of any railroad in the town, and
any such new or existing street or streets may cross any such track or
tracks, yard or yards, of any railroads in the town, 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 specifica-
tions for such crossing as the council shall have determined upon, shall
be submitted to the principal agent of such railroad company in the town,
and in the event the town 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 town shall submit such plans and specifications to the State
Corporation Commission, and the State Corporation Commission, after
Teasonable notice to such railroad company and after hearing such
evidence as either party may adduce, shall approve, or revise and approve
the plan 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,
and the State Corporation Commission shall determine what part of the
cost of constructing such crossing shall be paid by the town, if any,
and what part by the railroad company, but in no event shall the town
be required to pay more than one-half thereof, 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 adopted to make said streets and
highways safe, convenient and attractive.

54. To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith and to establish, construct, maintain and operate sewerage
disposal plants, and to acquire by condemnation or otherwise within or
without the town, all lands, rights of way, riparian and other rights and
easements necessary for the purposes aforesaid, and to charge and
collect reasonable fees or assessments or costs of service for connecting
with and using the same.

55. In every case where a street, alley, park or public property of
the town has been, or shall be, encroached upon by any fence, building
or otherwise, the town may require the owner to remove the same, and if
such removal be not made within the time prescribed by the town, it
may impose such penalty as it may deem proper for each and every
day it is allowed to continue thereafter, and may cause the encroachment
to be removed, and collect from the owner all reasonable charges there-
for, with costs, by the same process that they are hereinafter empowered
to collect taxes.

56. To give names to or alter the names of streets,

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

TAXES AND ASSESSMENTS

58. To raise annually by levy of taxes and assessments in the said
town on all such property, real and personal, as is now or may be subject
to taxation by the laws of the Commonwealth such sums of money as
the council thereof shall deem necessary for the purpose of the said
town, in such manner as the said council shall deem expedient, in
accordance with the constitution of this state and of the United States,
the said town to have the right to levy such taxes and assessments on all
such real and personal property, except that which municipalities may
be expressly prohibited from levying upon by the general laws of the
Commonwealth or the Constitution of this State or of the United States ;
provided, however, that it shall impose no taxes on the bonds of the
said town.

59. To levy an amusement tax upon the admission to all places or
things of amusement within the town of Pulaski.

To impose a tax, not exceeding one dollar per annum, upon all
persons residing in said town above the age of twenty-one years not
exempt from the payment of State capitation tax, the proceeds of which
tax so imposed shall be paid into the general funds of the town, and
the council in levying said tax by ordinance, either may, or may not,
make the payment of any taxes so levied a prerequisite to the right to
obtain any license or franchise to do business in the town.
61. The town shall have authority to impose taxes or assessments
upon abutting land owners for making or improving walkways, upon
new or then existing streets and improving or paving new or then
existing alleys, and for either the construction or for the use of sewers,
and the procedure for making such assessments and the method of col-
lecting such taxes and assessments shall be in accordance with general

Ww.

62. The town of Pulaski may levy a tax on all subjects of taxation

not prohibited to it nor exempted in the Constitution and general laws
of Virginia.

63. The town council shall provide for the assessment each year
of all taxable property within said town in the same manner as provided
by State law or in such manner as the council shall prescribe, not incon-
sistent with State law.

64. To impose special or local assessments for local improvements
and enforce payment thereof, subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time
of the imposition of such special or local assessments.

65. Tocharge and collect fees for permits to use public facilities and
for public service and privileges. The amount of any such fee shall
be in the sole discretion of the council and the fact that the fees charged
are not uniform shall not be deemed an abuse of that discretion.

66. To establish, impose and enforce the collection of water, light,
gas and sewage rates and rents and charges for other services, products
or conveniences operated or furnished by the town, together with the
right to terminate or suspend the furnishing of water, light, gas, sewage
disposal or other services during such time as payment due for any
such commodity or service is delinquent, and for the purpose of determin-
ing the right to terminate or suspend any such service or commodity,
any unpaid charges for the same shall be deemed delinquent as to the
real property for the benefit of which the same was furnished, until such
time as the same are paid. In fixing any such rates, the council may
prescribe a different rate to be paid for such services and conveniences
rendered to users or customers without the corporate limits of the town.

The council may assess, or cause to be assessed, water, light and
sewage rates and charges, directly against the owner or owners of the
real estate for the benefit of which the same is furnished, or against the
proper tenant or tenants, and may, by ordinance, provide that where
charges are made against tenants, the owner or owners shall be directly
liable in case such tenant or tenants fail to pay when rates or charges are
assessed ; and in event such rates and charges shall be assessed against
a tenant, then the said council may by an ordinance require of such ten-
ant a deposit of such reasonable amount as may by such ordinance be
prescribed before furnishing such services to such tenant.

67. A lien shall exist on all real estate within the corporate limits
of the town for taxes, water, gas, electric or sewage disposal furnished by
the town, the same to be a lien against the real estate for the benefit of
which the same is furnished, together with all penalties and interest due
thereon as the same may be fixed and prescribed by council, and the
lien herein provided for, shall commence as of the beginning of the
year or period for which it is assessed, and the procedure for collecting
such taxes or assessments which are herein made a lien on real estate,
and for the selling of such real estate to enforce the lien for such taxes
or assessments and for the redemption of the real estate so sold, shall
be the same as provided in the general law for the State of Virginia, to
the same extent as if the provisions of said general law were herein set
out at length. The said town and its treasurer shall have the benefit of
all other and additional remedies for the collection of such town taxes
or assessments as now or hereafter may be granted or permitted under
the general law.

All goods and chattels wheresoever found may be destrained
and sold for taxes, licenses and assessments assessed and due thereon;
and no deed of trust or mortgage upon goods and chattels shall prevent
the same from being destrained and sold for taxes and licenses against
the grantor in such instrument while such goods and chattels remain in
the grantor’s possession.

PUBLIC UTILITIES

69. To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State such water, lands, propertv
rights and riparian rights as the council of said town may deem necessary
for the purpose of providing an adequate water supply for said town and
of piping or conducting the same; to lay all necessary mains and service
lines, either within or without the corporate limits of said town, for the
distribution of water to its customers and consumers, both within and
without the corporate limits of said town, 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 reasonable rules and
regulations for promoting the purity of its said water supply and for pro-
tecting 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 wherever
such lands may be located in this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations; and to
prevent by injunction, any pollution or threatened pollution of such
water supply and any and all acts likely to impair the purity thereof ; and
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.

70. To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the said town, for the
generating of electricity and the manufacture of gas for illuminating,
power and other purposes, and to supply the same, whether said gas and
electricity be generated or purchased by said town, to its customers and
consumers, both within and without the corporate limits of the said
town, 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 elec-
tricity 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 town, at such price and on such terms as it may prescribe.

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

WELFARE

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

73. To establish a child welfare board to have control and supervi-
sion of maintaining and educating poor, dependent, delinquent and desti-
tute children, and to administer funds appropriated for that purpose,
together with the right to appropriate funds therefor and to employ such
child welfare workers, probation officers, agents or employees as may
be necessary to carry out its functions.

74. To establish, organize, operate, contribute or to administer
public schools and libraries, subject to the general laws establishing a
standard of education for the State.

75. To do all things whatsoever necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries of the town or its
inhabitants.

ADMINISTRATION AND GOVERNMENT

Section 6. (1) Old Council——The present mayor and council of
the town of Pulaski shall continue in office until the expiration of
the term for which they were respectively elected.

(2) Creation and Powers 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 town
by this charter or by general law and to pass all laws, ordinances,
rules and regulations relating to its municipal affairs and for the regula-
tion of the proceedings of council, subject to the Constitution and gen-
eral law of the State and of this charter, and shall have full and complete
control of all fiscal and municipal affairs of the said town and of all its
real and personal properties, and may from time to time amend, re-amend
or repeal any or all of the said ordinances, rules or regulations for the
proper regulation, management and government of the said town, and
may impose fines and penalties for the violation or non-observance
thereof.

The council shall grant and pay to all town officers and employees
such salaries or compensation, if any, as the said council may from time
to time deem just and proper.

All employees of the town who shall be discharged by, or have a
grievance‘ against their superior, shall have the right to have the case
reviewed by the council, and the council shall have the right to reinstate
such employee or to rectify the grievance.

The council may require the attendance of its officers, agents, ap-
pointees or employees at its meetings and may further require that reports
be submitted.

(3) Composition of Council and Vacancies——The council herein-
above created shall consist of nine (9) members, eight (8) of whoin
shall be known as councilmen and one to be known as mayor, all of whom
shall be residents, free holders and qualified voters of the town of
Pulaski. The council may create, appoint or elect such departments,
bodies, boards, officers, or attorneys as are provided for by this charter
or as permitted or required by law to be created, appointed or elected,
or as may by the council be deemed necessary or proper, to carry out
and perform the powers of the said town of Pulaski granted by this
charter or by general law.

The council shall be a continuing body and no measure pending before
such body shall abate or be discontinued by reason of expiration of term
of office or removal of the members of said body or any of them.

Vacancies in the council shall be filled within thirty (30) days after
such vacancy occurs, for the unexpired term, by a majority vote of the
remaining members, except where otherwise inconsistent with the pro-
visions of this charter, and in the event of a failure to so fill any such
vacancy within the time specified, the same shall be filled by appointment
of the circuit court of Pulaski County, Virginia.

In the event there are no, or not sufficient, candidates at any regular
municipal election to fill the offices of councilmen or mayor, the new
council is hereby empowered to fill such vacancies in the manner and
within the time hereinabove specified, provided enough councilmen have
been elected to constitute a quorum, but in the event those elected as
councilmen are not sufficient to constitute a quorum, such vacancies
may be filled by the old or retiring council prior to the expiration of
their term of office, and in the event of their failure to fill such vacancy
prior to the expiration date of their term of office, the vacancy shall be
filled by appointment of the circuit court of Pulaski County, Virginia.

(4) Meetings of Council and Quorum.—The council shall by
ordinance fix the time for their regular meetings, and no regular meeting
may be continued or postponed without the written consent of a majority
of the members elected as councilmen, and which written consent shall
specify the date for holding the postponed or continued meeting, and
when a majority have signed such writing the same shall be so continued
or postponed. Special meetings shall be called by the clerk of the council
upon the request of the mayor or any three (3) members of council; no
business shall be transacted at a special meeting but that for which it
may be called, unless the council be unanimous, The meetings of the
council shall be open to the public and to the press, except when the
public welfare shall require executive session, and the public welfare shall
not be deemed to require such executive session unless a majority of
the councilmen present and constituting a quorum shall vote in favor of
such executive session. Any citizen and the press may have access to
the minutes and records of the council at all reasonable times.

If any member of the said council shall be absent from three (3)
consecutive meetings of the council and does not submit to the council
reasons for his absence, which in the sole discretion of the council are
valid and justifiable, then the seat may be declared vacant by resolution
of the council, and thereupon, the unexpired term of such offending
councilman shall be filled according to the provisions of this act.

The council may cite a member to the police justice where he may
be fined, not exceeding twenty dollars ($20.00), for disorderly conduct
before the council, and such persons shall have a right of appeal to the
circuit court of Pulaski County.

A majority of all members of council, exclusive of the mayor, shall
constitute a quorum, but a smaller number may adjourn from time to
time and compel the attendance of absentees.

The councilmen shall receive such compensation for their services
as the council shall from time to time prescribe, but any raise in the
salary of councilmen, voted by the council, shall not become effective
until the expiration of the term of office of the councilmen voting the
raise in salary, and no such raise shall be voted between the first day
of April and the last day of August, both inclusive, during any year
in which a municipal election is held, and the council shall not have the
right to decrease the salary of councilmen during said period of time.

MAYOR AND VICE MAYOR

Section 7. (1) Election—The mayor shall be elected at large by
the qualified voters of the town for a term or two (2) years at a
municipal election held for that purpose on the second Tuesday in June,
1948, and on the second Tuesday in June every two (2) years there-
after, as provided by law, and the person so elected shall enter upon the
discharge of the duties of the office of mayor on the first day of Septem-
ber next succeeding his or her election and shall continue in office until
his or her successor is qualified.

(2) Qualification—Any resident free holder, qualified to vote in
the town election in which he or she offers, shall be eligible for the office
of mayor.

(3) Compensation—The mayor shall receive such compensation
for his or her services as the council shall provide, but sha!l not be en-
titled to vote on the question of his or her salary, even in the case of a tie
vote by the council, and shall not preside or be present when such ques-
tion is voted upon.

(4) Powers.—The mayor shall preside at the meetings of the
council and perform such other duties as may be prescribed by this
charter and by general law and such as may be imposed by the council
consistent with his or her office. The mayor shall be recognized as the
official head of the town for all ceremonial purposes, by the courts for
the purpose of serving civil process, and by the Governor for military
purpose. In the event of public danger or emergency he or she shall
maintain order and enforce the law. Such course of action shall be subject
to review by the council.

The mayor shall have no power to suspend, remove or discharge any
officer, agent or employee of the town, nor shall he have any power or
authority to appoint or employ any officer, agent, or employee of the
town, nor to fix the term of office or employment or the compensation, or
to increase or decrease the power and authority of any officer, agent or
employee of the town, unless such power shall have been given by the
council.

The mayor shall have no right to vote in the council, except that in
every case of a tie vote of the council, the mayor shall be entitled to
vote and such vote (in case of a tie only) shall then have the same
weight and effect as the vote of a councilman, but the mayor shall have
no right to veto; the mayor shall take care and see that the by-laws,
ordinances, acts and resolutions of the council are faithfully executed ;
shall have and exercise all power and authority conferred by general
law on mayors of towns not inconsistent with this charter; shall see that
peace and order are preserved and that persons and property within the
town are protected; shall authenticate by his or her signature such
documents and instruments as the council, this charter, or the laws of
this Commonwealth require; and shall from time to time recommend to
the council such measures as he or she may deem needful for the
welfare of the town.

(5) Vice Mayor.—The council shall, at its first meeting after the
effective date of this act, choose from its members a vice-mayor, who
shall serve until August 31, 1948, and at its first meeting in September,
1948, and biennially thereafter, following the regular municipal election,
the council shall choose one of its members as vice-mayor. The vice-
mayor shall perform the duties of the mayor during his or her absence or
disability. In the event of the death, removal, or resignation of the may-
or, the council shall appoint one of the councilmen or some other resident
free holder of the town of Pulaski, who was qualified to vote in the last
preceding municipal election, who shall serve as mayor for the remainder
of the unexpired term.

Should a member of council be chosen to serve for such unexpired
term, such councilman shall be deemed to have surrendered his or her
office of councilman forthwith upon qualification as mayor, and the
office of such councilman shall thereupon be vacant, and the vacancy
shall be filled as hereinbefore provided for the filling of such vacancies.
The member of council who shall be chosen as vice-mayor shall con-
tinue to have all the rights, privileges, powers, duties and obligations of
councilman, even when performing the duties of mayor during the
absence or disability of the mayor of the town.

COUNCILMEN

Section 8. (1) Election—Councilmen shall be elected for a term
of two years at a municipal election held for that purpose on the second
Tuesday in June, 1948, and on the second Tuesday in June every two
years thereafter as provided by law.

Of the eight (8) councilmen to be elected, two (2) shall be elected
from each of the four wards hereinbefore created and defined, that is to
say, two (2) shall be elected from the first ward, two (2) shall be elected
from the second ward, two (2) shall be elected from the third ward, and
two (2) shall be elected from the fourth ward.

(2) Qualification and Electors.—Any person elected to or seeking
the office of councilman shall be a free holder within the town, and a
resident of the ward which he is elected to represent, or which he seeks
to represent, and shall be a qualified voter in the town election in which
he or she offers, and any such person shall be eligible for the office of
councilman. If a councilman shall, after his election or during his term of
office, move his place of residence from the ward he was elected to re-
present, then the office of such councilman shall thereupon become vacant
and shall be filled as herein elsewhere provided. Only the qualified voters
who are residents of the respective wards shall be entitled to vote for
the persons seeking election as councilmen from the ward in
which such voter resides, and he or she shall be entitled to vote for two
(2) councilmen seeking office from that ward.

(3) Term of Office——The eight (8) councilmen elected as herein
provided, shall enter upon the discharge of their duties of office on the
first day of September next succeeding their election, and shall continue
in office for a term of two (2) years, or until their successors are
qualified.

OATH OF OFFICE

Section 9. (1) Every person elected a councilman of the town
shall, on or before the day on which he or she enters upon the perfor-
mance of his or her duties, qualify by taking or subscribing an oath
faithfully to execute the duties of the office to the best of his or her
judgment; and the person elected mayor shall take and subscribe the
oath prescribed by law for State officers. The failure of any person elected
as councilman, or the failure of the person elected as mayor, to take the
oath of office and qualify on or prior to the date for beginning the term
of office to which they have been respectively elected, shall not prevent
any such person from legally taking the oath and qualifying subsequent
thereto. However, if any person elected as councilman or as mayor,
shall fail to take the oath of office and qualify within ten (10) days from
the time that their respective terms of office would have begun, then
such office shall be deemed vacant and shall be filled as herein elsewhere
provided.

Any such oath of councilmen and mayor shall be taken before the
clerk or a deputy clerk of the circuit court of Pulaski County, Virginia,
and shall, when so taken and subscribed, be forthwith returned to the
clerk of the council who shall enter the same of record on the minute
books of the council, or may be filed with the clerk who administered
the oaths.

CLERK OF COUNCIL

Section 10. (1) Appointment.—There is hereby created the
office of Clerk of Council, and such clerk shall be appointed by the
council. The council shall, at its first meeting in September, 1948, after
it has qualified as hereinbefore provided, and at its first meeting in
September every two years thereafter, appoint a clerk for the two (2)
year period concurrent with the two (2) year period for which the
appointing council has been elected, but the clerk so appointed shall be
deemed to serve during the pleasure of the council, with the right on the
part of the council to, at any time, in its sole discretion, and without any
assigned reason, terminate the services of the person so appointed, and
to fill the vacancy for the unexpired term.

(2) Qualification and Duties—The clerk shall, before entering
upon his or her duties, take and subscribe the same oath as is required
of councilmen and give the bond required by council, in the event the
council should by ordinance require a bond.

The clerk shall attend the meetings of the council and shall keep
permanent records of its proceedings; shall be custodian of the town
seal and shall affix it to all documents and instruments requiring the
seal and shall attest the same; shall keep all papers, codes, documents
and records pertaining to the town, the custody of which is not otherwise
provided for in this charter; shall give notice to all members of council
of all meetings of the council; shall give notice to all parties presenting
petitions or communications to the council of the action of the council
on such communications or petitions; shall give to the proper department
or officials ample notice of the expiration or termination of any franchise,
contract, lease or agreement; shall publish such reports and ordinances
as the council is required to publish and such other reports and ordinances
as it may direct; shall, upon final passage, transmit to the proper depart-
ments or officials copies of all ordinances, resolutions or regulations of the
council relating, in any way, to such department or to the duties of such
officials, and shall perform such other acts and duties as the council may
from time to time allow or require.
Section 11. (1) Appointment.—There is hereby created the office
of town treasurer, and such treasurer shall be appointed by the council.
The council shall, at its first meeting in September, 1948, after it has
qualified as hereinabove provided, and at its first meeting in September
every two years thereafter, appoint a treasurer for the two (2) year
period for which the appointing council has been elected, but the treas-
urer so appointed shall be deemed to serve during the pleasure of the
council, with the right on the part of the council to, at any time, in its
sole discretion, and without any assigned reason terminate the services
of the person so appointed and to fill the vacancy for the unexpired
term.

(2) Duties of Office——The town treasurer shall, before entering
upon the duties of his or her office, give bond with sufficient surety to be
approved by the council, in a penalty of such amount as may be fixed
by the council from time to time, payable to the town of Pulaski, condi-
tioned for the true and faithful performance of the duties of his or her
office. The treasurer shall be responsible for the collection of all taxes,
licenses and levies and charges for services furnished by the public
utilities of the town. The council shall have authority to place in the
hands of a town collector, to be appointed by it, the collection of any
taxes, licenses and other levies at any time, if in the discretion of the
council it shall be proper so to do.

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

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

The books and accounts of the town treasurer, and all papers relating
to the accounts and transactions of the town, shall be at all times subject
to the inspection of the mayor, the town council, and such other persons
as the council may appoint to examine the same, and all such books and
accounts, together with any balance or moneys on hand, shall be trans-
ferred by the treasurer to his or her successor at every new appointment,
or delivered up as the council may at any time require.
The town treasurer shall, when required by the council, render an
account to the council showing the state of the treasury and the balance
of money on hand. He or she shall also, if required so to do by the
council, accompany such account with a statement of all money received
by him or her and on what account, with a list of all checks paid by him
or her during the month then closed, and shall furnish such other in-
formation, accounts and statements as the town council may direct.

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

All taxes, levies or other sums of money of whatever nature, received
by the town treasurer belonging to the town of Pulaski, shall be credited
by the treasurer on his or her books to the town of Pulaski and shall be
paid out by him or her only on a warrant of the clerk of the council,
countersigned by the mayor.

The treasurer shall keep a separate account of each fund and ap-
propriation and the debits and credits belonging thereto; provided, how-
ever, that the council shall have the right to require all town funds to
be deposited to the credit of the town, and may prescribe by resolution
or ordinance such other method of disbursement as it shall from time
to time deem proper.

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

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

ADMINISTRATIVE DEPARTMENTS

Section 12. (1) Creation of Departments——The following ad-
ministrative departments are hereby created:

(a) Department of Water.

(b) Department of Streets.

(c) Department of Police.

(d) Department of Health.

(e) Department of Fire.

(2) Department Heads and Duties.—At the head of each depart-
ment there shall be a superintendent appointed by the council, to serve
for a two year term concurrent with the term of the appointing council,
but which appointment shall be at the pleasure of the council, with the
right on the part of the council to, at any time in its sole discretion, and
without any assigned reason, terminate the services of any such super-
intendent and replace him or her with another. Each superintendent shall
be chosen on the basis of his or her general executive and administrative
experiences and ability and his or her education, training and experience
in the class of work to be administered in the respective departments.
The mayor shall appoint a committee of three (3) councilmen to serve
as a steering committee for each of the respective departments, and
membership on the respective committees shall be divided as nearly
equal as possible between the members of council. The superintendent
ot each department shall be directly responsible and answerable to the
steering committee thus appointed for the respective departments and/or
to any administrative officer which might be appointed by council, with
the power and authority in such committee to authorize and direct the
work of the department as fully as the same could be done by the full
council, but any action of a department superintendent, or of the steering
committee for such department shall be subject to review by the full
council.

(3) Control by Council_—The council shall, by ordinance, deter-
mine and prescribe the functions and duties of each department and the
powers, duties, and responsibilities delegated to the superintendents of
the various departments.

(4) New Departments.—The council may, by ordinance, create new
departments, combine new with existing departments, or combine exist-
ing departments and establish new departments for special work when,
in its opinion, the proper administration of the town requires it. The
same person may be appointed as superintendent of more than one de-
partment or to more one office, or to the superintendency of any
department and to any office.

THE DIRECTOR OF PUBLIC WORKS

Section 13. The council may appoint a director of public works,
who shall have such duties, responsibilities and authority as may,
from time to time, be fixed, defined, prescribed and authorized by council.
Any person so appointed as director of public works shall be appointed
to serve for the two year term concurrent with the term of the appointing
council, but who may, at any time, in the sole discretion of the council,
and without any assigned reason, be removed by council.

THE TOWN ATTORNEY

Section 14. (1) Appointment.—The council shall appoint a town
attorney to serve for the two year term concurrent with the term of the
appointing council, but who may at any time in the sole discretion of the
council and without any assigned reason, be removed by council.

(2) Duties.—Subject to the direction of the council, the town at-
torney shall:

(a) have the management, charge and control of all the law
business of the town;

(b) be the legal advisor of, and attorney and counsel for, the
municipality and all of its officers and department heads in matters
relating to their official duty ; :
622 ACTS OF ASSEMBLY [va., 1948

(c) give written opinions to the council, to any officer, department
or committee of the town when requested so to do, and any verbal
opinion shall be confirmed by letter, and a copy of all opinions rendered,
or letters confirming verbal opinions, shall be filed with the town clerk ;

(d) conduct for the town all cases in court whenever the town
is a party thereto, and shall assist the attorney for the Commonwealth
in the prosecution of all criminal cases in the circuit court of Pulaski
County which have been appealed thereto from the police justice court,
and shall, upon request of the mayor, appear before the police justice
court of the town for violations of town ordinances;

(e) prepare and pass upon all contracts, bonds and instruments
in writing in which the town is concerned, and shall certify before execu-
tion as to the legality and correctness thereof ;

(f) prepare and approve as to legality, all ordinances submitted
to the council for passage, and redraft or approve the final form of any
ordinance prior to its adoption; and

(g) perform such other duties as may be prescribed by this charter
or by the council.

CHIEF OF POLICE

Section 15. (1) Appointment—There is hereby created the office
of chief of police, and such chief of police shall be appointed by the
council. The council shall, at its first meeting in September, 1948, after
it has qualified as hereinabove provided, and at its first meeting in Sep-
tember every two years thereafter, appoint a chief of police for the two
year period for which the appointing council has been elected, but the
chief of police so appointed, shall be deemed to serve during the pleasure
of the council, with the right on the part of the council to, at any time
in its sole discretion, and without any assigned reason, terminate the
services of the person so appointed and to fill the vacancy for the
unexpired term.

Department Head.—The chief of police shall be the superin-
tendent of the police department. He shall be directly responsible for the
enforcement of the laws and ordinances of the town and for the preserva-
tion of law and order within the town.

(3) Qualification and Bond.—The council shall, by ordinance, de-
fine the duties, powers and responsibilities of the chief of police, and
before entering upon the discharge of his duties, he shall take the oath
of office to be administered by the mayor, and which oath shall be filed
with the clerk of council; he shall enter into a bond, .with corporate
surety, approved by and in such an amount as may be required by coun-
cil, conditioned to faithfully discharge his duties and to indemnify and
save the town harmless against any loss or liability by reason of any
negligence, illegal or unlawful acts, or any acts of omission or commis-
sion, of said chief of police. Any police officer of the town shall take,
subscribe and file an oath of office, similarly administered as is required
of the chief of police and shall give bond, with corporate surety, approved
by and in an amount fixed by council, and similarly conditioned as that
of the chief of police, and no such police officer shall be deemed to have
authority to act as such police officer yntil he shall have taken said
oath and given said bond.

(4) Powers.—The chief of police and every police officer serving
under him who has qualified by giving the bond and taking the oath
as herein required, shall be vested with all the powers of a conservator
of the peace; shall have authority to make arrests anywhere within the
State of Virginia for the violation of all town ordinances, which viola-
tions occurred within the corporate limits of the said town or within
one mile thereof; shall have authority to make arrests for felonies com-
mitted, or for violation of any law of the State of Virginia, committed
within the corporate limits of the town of Pulaski or within one mile
thereof; shall have authority to make arrests within the corporate limits
of the town of Pulaski of any person found therein who is charged with
a crime in some other county, town, city or state; shall have all the other
powers that are granted by general law to police officers of towns within
the State and shall have such other duties and powers as may, from time
to time, be prescribed by council.

(5) Police Agents.—Any person, firm, association, organization, or
owner or owners, or the president of any corporation owning any indus-
trial plant or commercial house or houses, or education or eleemosynary
institutions in the town may, with approbation of the mayor, appoint
one or more police agents, who shall have authority in all cases in which
the rights of such person, firm, association, organization, or owner or
owners, or the president of such owning corporation are involved, to
exercise within the town and State all powers which can be lawfully
exercised by any police officer for the preservation of the peace, the
arrest of offenders, and disorderly persons, and for the enforcement of
laws against crimes, and such person, firm, association, organization, or
owner or owners, or the president of such owning corporation shall pay
the compensation, salary or wages of such agent, and may remove any
such agent at pleasure, and the mayor, or his or her successor, giving
such consent may at any time revoke it. Such police agent shall qualify
before the mayor by subscribing the oath of office of a police officer
of the town, and a record shall be kept of their appointment and qualifica-
tion; but the town shall not, on account of said approval or consent of
the mayor to said appointment, be liable to any person for the negligence
or illegal or unlawful acts, or acts of omission or commission of said
police agent.

POLICE JUSTICE

Section 16. (1) Appointment—There is hereby created the
office of police justice, and such police justice shall be appointed by the
council. The council shall, immediately following the effective date of
this charter, and at its first meeting in September, 1948, after it has
qualified as hereinabove provided, and at its first meeting in September
624 ACTS OF ASSEMBLY [va., 1948

every two years thereafter, appoint a police justice for the two year period
for which the appointing council has been elected, but the police justice so
appointed shall be deemed to serve during the pleasure of the council,
with the right on the part of the council, to at any time, in its sole
discretion, and without any assigned reason, terminate the services of the
person so appointed, and to fill the vacancy for the unexpired term.

Before entering upon the discharge of duties as police justice, the
person so appointed shall subscribe the oath prescribed for State officers,
and shall give such bond as may be required by council. The mayor, or
any qualified voter of the town of Pulaski whom the council deems quali-
fied, may be appointed by it as such police justice. If the mayor is
appointed as police justice he shall discharge such duties as the police
justice of the town under this charter and not as the mayor of the town,
in addition to the duties of mayor imposed upon him by this charter;
and his powers, duties, authority and jurisdiction as such police justice
shall be as hereinafter provided for the police justice. Should the mayor
be appointed police justice he shall receive the salary of mayor provided
by the council for the discharge of his duties as mayor, in addition to
such salary as may be provided by the council for the police justice.

During the absence or disability of the police justice the mayor
shall serve in the capacity of substitute police justice, or if the mayor
has been appointed as police justice, then during his absence or disability,
the vice mayor shall act as substitute police justice, but no additional oath
and no bond shall be required of any such substitute police justice as a
prerequisite to his authority to act. The substitute police justice shall
receive for his services such per diem compensation as may be prescribed
by council.

(2) Jurisdiction —The police justice is hereby vested with original
and exclusive jurisdiction in criminal matters involving a violation of
any ordinance of the town of Pulaski, Virginia, which violation occurs
within the corporate limits of said town, or within one mile thereof.

Such police justice shall not exercise the jurisdiction conferred by
chapters seventy-eight and eighty of the Code of Virginia, and anything
in this charter shall not be construed as giving to such police justice the
jurisdiction conferred by said two chapters.

Appeals from the decision of the police justice shall be as provided in
section three thousand one hundred six of the Code of Virginia for
appeals from civil and police justices for cities, except that all cases
appealed from the police justice shall be appealed to the circuit court
of Pulaski County, Virginia.

Should a warrant be issued charging a violation of a town ordinance
and it should develop prior to trial, or at any time during trial, prior to
the imposition of sentence, that the alleged offense involved a felony,
then, in lieu of final disposition by the police justice, the case may be
certified by the police justice to the trial justice of Pulaski County, Vir-
ginia, to be there dealt with as provided by law, and it may be there
tried on the original warrant, the same as though said warrant had
charged the violation of State law and had been issued by a person
authorized to issue State warrants. In the event a warrant should be
issued charging a violation of a town ordinance, and it should for any
reason appear prior to trial, or at any time during trial, prior to the
imposition of sentence, that the police justice is for any reason without
jurisdiction to try the same, said warrant may be certified to the proper
court for trial where the same may be tried upon the original warrant.

The police justice shall also have jurisdiction to issue criminal war-
rants charging violation of town ordinances; to issue subpoenas or to
issue and/or try any other processes incidental to the jurisdiction herein
granted ; power to admit to bail prior to trial in cases involving violation
of town ordinances, or to admit to bail subsequent to trial, upon an
appeal; power to take bond as security for the payment of fines and
costs; power to issue search warrants; and shall have the same powers
in matters of contempt as are granted or limited by sections 3117 and
3521 of the Code of Virginia, and shall be a conservator of the peace
within the corporate limits of the town of Pulaski and for one mile
beyond the corporate limits thereof.

(3) Compensation and clerical assistant—The council shall provide
a salary to compensate such police justice in such an amount and payable
at such times as the council shall deem proper and may also appoint
such clerk or clerks as may, in their discretion, be necessary, and require
of such clerk or clerks such bond as it may deem proper, provide just
compensation therefor and provide necessary records.

4) Trial Justice—Nothing herein contained shall be construed
as affecting the provisions of section 4987{5 of the Code of Virginia and
the provisions herein contained relating to a police justice shall be
operative only in the event the council passes a resolution as provided
for in section 4987{6 of the Code of Virginia, and in the event a resolution
should be passed pursuant to section 4987{6 of the Code of Virginia and
said resolution be subsequently repealed by council, then the provisions
of section 49875 shall automatically become operative.

(5) Necessity of Warrant.—Nothing contained in this charter
relating to the issuance of warrants shall be construed as affecting or
altering the provisions of section 4992 of the Code of Virginia.

ISSUING JUSTICE

Section 17. (1) Appointment.—There is hereby created the
office of issuing justice, and the issuing justices shall be appointed by
the council. The council shall, immediately following the effective date
of this charter, and at its first meeting in September, 1948, and at its
first meeting in September every two years thereafter, appoint for a
term of two years, subject to the right of the council to remove and
replace within said two year period, at least one and not more than
three issuing justices who are qualified voters within said town and
rh either may or may not be already employees of any department of
the town.
(2) Jurisdiction—The issuing justices so appointed shall have
power to issue warrants for violation of town ordinances; the power to
issue subpoenas or other processes the same as could be issued by the
police justice and the power to admit to bail in any case where the
police justice could admit to bail, but any warrant, summons or process
issued by such issuing justices shall be returnable before the police
justice for action thereon.

(3) Compensation—No compensation shall be paid to any such
issuing justices by the town, but for any warrants or processes issued’
or any bail granted by such issuing justices, they shall be entitled to
charge, collect and retain a fee therefor which shall be the same as may
now be collected by State officers for similar services, or by any amend-
ment of State law. Any such fees shall be collectible from and taxed
as a part of the costs against the person charged with the offense, but
the failure of such person to pay such costs shall not render the town
liable therefor to the issuing officer.

FINES AND COSTS

Section 18. (1) Costs Assessable—Fees and costs shall be as-
sessed by the police justice as follows:

(a) for issuing warrant of arrest, one dollar, including the issuing
of all subpoenas ;

(b) for issuing a search warrant, one dollar ;

(c) for issuing any other process not herein expressly provided
for, fifty cents;

(d) for the trial of a criminal case, including swearing of witnesses
and taxing of costs, two dollars ;

(e) for admitting any person to bail, one dollar, which shall, not-
withstanding other provisions to the contrary, be collected at the time
of admitting the person to bail;

(f) for approving any bond other than a bail bond, fifty cents;

(g) for every arrest with or without a warrant, one dollar ;

(h) for executing a search warrant, one dollar ;

(i) for summoning any person to court to answer a criminal charge
when no arrest is made, sixty cents ;

(j) for each witness summoned in a criminal case, fifty cents;

(k) for each mile traveled by an officer beyond the town limits in
going and coming in making arrests, or returning a prisoner to jail, five
cents per mile plus any actual expense incurred by the officer on behalf
of himself or the prisoner in addition to the officer’s mileage herein
provided for, in the event the prisoner is returned in a town or privately
owned vehicle. In the event such prisoner is returned by public convey-
ance there shall be taxed the actual costs incurred by the officer and
prisoner ;

. (1) _ for serving any process in a criminal case not herein mentioned,
fifty cents;
(m) for keeping and supporting any person confined in jail while
awaiting trial, such an amount per day as may from time to time be fixed
by council consistent with State law, and the amount charged for any
part of a calendar day shall be the same as for a full calendar day;

(n) for each witness claiming attendance, who has been summoned
on behalf of the town in a criminal prosecution, for each day’s attendance,
fifty cents, and five cents per mile beyond the corporate limits going and
returning to the place of trial ;

(0) for each witness claiming attendance, who has been summoned
on behalf of the defendant in a criminal prosecution, for each day’s
attendance, fifty cents, and five cents per mile beyond the corporate
limits going and returning to the place of trial, but in no event shall
the town be liable for the payment thereof;

(2) Liability of Town for Costs.—There shall be no liability upon
the town for the payment of the fees hereinabove prescribed in criminal
cases when the same are not paid by the person charged with or convicted
of a criminal offense, except that the town shall be liable for any such
fees properly chargeable by any officer, other than an officer of the town
of Pulaski, and shall be liable for the payment of attendance fees and
mileage to witnesses summoned on behalf of the town in criminal prose-
cutions and shall be liable for supporting a person confined in jail, irre-
spective of whether the person charged with the offense is convicted or
acquitted, but the liability of the town for the payment of such fees
shall not relieve the person convicted of any such offense of the payment

ereof.

(3) How Fines and Costs Paid—All fees and costs collected by
the police justice and all fines for violations of all laws and ordinances of
the town shall be paid into the town treasury for the use and benefit of
the town, except that any such fees collected for issuing justices shall
be paid to the respective parties entitled thereto, but neither the police
justice nor any police officer shall be entitled to receive any fees for any
such services rendered by them as police justices or police officers and
they shall receive no compensation for their services other than the
salary paid to them by the town.

TOWN MANAGER

Section 19. (1) Establishment of Town Manager Form of Gov-
ernment.—There is hereby established, subject to the provisions of
subsection (2) of this section 19 of this charter, a town manager form of
government for the town of Pulaski, as follows:

(a) The town shall be governed by a council composed of a mayor
elected at large, and eight councilmen elected, two (2) from each of the
four wards in the town which have been established by this charter, and
which councilmen shall be elected for the term and in the manner here-
inbefore prescribed. The mayor and the councilmen respectively and the
council as a collective body, consisting of the mayor and councilmen,
shall have and exercise all the powers, functions and duties conferred
upon them respectively by this charter or by general law, except such as
they may from time to time delegate to the town manager, and the del-
egation of any such powers may at any time be revoked by the council.

(b) A town manager shall be appointed by the council at its first
meeting after the adoption of the town manager form of government
as hereinafter provided, or as soon thereafter as practical and thereafter,
at the first meeting of the council after its qualification and assumption
of office pursuant to election, or as soon thereafter as practical. The
town manager shall be chosen solely on the basis of his executive and
administrative qualifications. He need not, when appointed, be a resident
of the town or of the State of Virginia, but shall, during his term of
office, reside within the county of Pulaski and shall be appointed for
such term as he and the council agree upon not to exceed two years, but
in any event to end with the term of the council making the appointment,
but any such town manager may be reappointed for an indefinite number
of succeeding terms. The town manager may be suspended or removed by
the council prior to the expiration of the term for which he was appointed,
for any cause which it deems sufficient, provided that no order of suspen-
sion or removal shall be made until after he shall have been given at
least five (5) days’ notice in writing, stating the cause for such suspen-
sion or removal, and fixing a day at which he may be heard thereon, and
he shall not be removed or suspended except upon a majority vote of
all members elected to the council, and the manner in which each council-
man votes shall be recorded and disclosed to the town manager, but
in the event the provisions of this paragraph are complied with, the
action of the council shall be final and their decision on the merits
shall not be subject to review by any body or tribunal.

(c) The town manager shall be responsible to the council for the
proper administration of all affairs of the town coming within his juris-
diction under this charter, the general law, or the ordinances or resolu-
tions of the council. He shall have power and it shall be his duty:

1. to see that all laws and ordinances are enforced ;

2. to appoint such town officers and employees as the council shall
determine are necessary for the proper administration of the town, and
any such officers or employees may be removed or discharged by the
town manager, except that the town manager may neither appoint,
remove nor discharge the clerk of council, the clerical and other attend-
ants of the council, the town treasurer, the director of public works, the
town attorney, the chief of police, the police justice, the issuing justices,
and the superintendents of the various departments herein created, or
which may be created by ordinance of council, and which powers of
appointment, removal and discharge herein excepted from the power of
the town manager are capes reserved to the council; but the town
manager shall report each appointment, removal or discharge to the
council at the next meeting thereof following any such appointment,
removal or discharge, and the council shall have the right to review
such appointment, removal or discharge and to revoke the same;
3. to see that all terms and conditions imposed in favor of the town
or its inhabitants, in any public utility franchise or any contract, are
faithfully kept and performed and upon any knowledge of any violation
thereof, to call the same to the attention of the council;

4. to exercise supervision and control of all departments and
divisions created herein, 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 or by the
council ;

5. to attend all meetings of the town council, except an executive
session thereof, with the right to take part in the discussions, but he
shall have no vote, and he may attend any such executive session with
the consent of council ;

to recommend to the council for adoption, such ordinances or
measures as he may deem necessary or expedient ;

7. to make reports to the council, from time to time, upon the
affairs of the town;

8. to keep the council fully advised of the town’s financial condition
and its future financial needs and to prepare and submit to the council
a tentative budget for the next fiscal year;

9. to make all such contracts on behalf of the town as may be auth-
orized by this charter, under general law or in accordance with the
provisions of the appropriations made by the council, or under continuing
contracts, or contracts pursuant to resolution or ordinance of the town;

10. to act as town purchasing agent unless and until otherwise
provided by the council ;

11. to perform such other duties as may be prescribed by this
charter, or be required of him by ordinance or resolution of the town
council, and shall be bonded as the council may deem necessary ;

12. to perform all of the duties which are now or may hereafter
be conferred upon, or delegated to town managers under the laws of
the Commonwealth of Virginia, except as may be otherwise provided
by the council, or as may be in conflict with the provisions of this charter.

(2) The provisions of this section (19) of this charter shall not take
effect or become operative except upon a vote of the qualified electors
of the town as follows: upon the petition of electors, equal in number to
at least ten per cent (10%) of those qualified to vote at the last preceding
general election at which a mayor or council was elected, specifying that
the particular form of government sought to be adopted shall be in
accordance with subsection (1) of section 19 of this charter, and which
said petition shall be presented to the circuit court of Pulaski County,
Virginia, or to the judge thereof in vacation, asking that an election be
held to vote upon the adoption of said town manager form of govern-
ment. The petition herein provided for shall be signed by none but
qualified voters of the town. The petition shall contain, in addition to
the signature of the petitioners, the street and house number in which the
petitioner resides. The names of the petitioners need not all be on one
petition provided: the several petitions are copies of each other, each page
to have printed at the top a brief statement of the proposal to be voted
on. Upon the filing of such petition, if it conforms to the provisions and
requirements herein contained, the court or judge shall enter an order,
in term time or vacation, directing the proper election officers for the
town of Pulaski to take such steps and prepare such means as may be
necessary to submit to the qualified voters of the town of Pulaski for
determining the question whether the town manager form of govern-
ment, as provisionally set up by this charter, shall be adopted or not;
and the court or judge shall make such order as may be proper to give
due publicity to such election, the same to be held not less than thirty
(30) nor more than ninety (90) days after the entry of the order by the
court or judge. Accompanying the petition of said electors there shall be
a certificate from the clerk of the circuit court of Pulaski County which
shall show the number of persons qualified to vote at the last preceding
June election for municipal officers. If the list of qualified voters filed in
the office of said clerk shall not contain the names of persons who are
not required to pay their poll tax in order to vote, then there shall
likewise accompany such petition a certificate from the registrars giving
the number of persons who were qualified to vote at said election and
not on the list filed with said clerk.

Such election shall be conducted in the manner prescribed by law
for the conduct of regular elections, and by the regular election officers
of or for the town. The election shall be by secret ballot and the ballot
used shall contain the following: “For proposed town manager form of
government” and “Against proposed town manager form of govern-
ment” ; and before, or in front of each of the foregoing statements printed
on said ballot shall be a square, and the voter shall place in the square
immediately preceding the proposition for which he or she intends to
vote a check (\/), or a cross( X or ++) mark, or a line (—), and shall
leave blank the square preceding the proposition for which he or she does
not wish to vote. Returns of the election shall be certified by the com-
missioners of election, or their clerk, to the court, or the judge thereof
in vacation; and if it shall appear that the proposed town manager form
of government has not been adopted by a majority vote of the qualified
electors, an order shall be entered of record accordingly and no other
election for a town manager form of government, or for any change in
the form of government for the town, shall be held within two years after
such election; but if the said town marlager form of government is
adopted by a majority vote of the qualified electors, the court or judge
thereof, shall enter an order of record accordingly, a copy of which shall
be forthwith certified by the clerk of said court to the council of the town
of Pulaski for recordation upon its journal. Any such election may be
contested and the proceedings for all such contests shall conform as
near as may be to the provisions of section 2754 of the Code of Virginia.

(3) In the event the town manager form of government should be
adopted as herein provided for, the same may be abandoned in accordance
with and subject to the limitations of section 2954 of the Code of

Virginia.
- (4) Nothing herein contained shall be construed as depriving
the council of its right to employ a town manager without adopting
the provisions of chapter 119 of the Code of Virginia, or without
adopting the town manager form of government as herein provided, as
the same is authorized under provisions of section 2949 of the Code
of Virginia.

(5) Nothing herein contained shall be construed as preventing the
right to change the form of government as provided by chapter 119
of the Code of Virginia, but should there be more than one petition
filed with the court or judge asking for different provisions of chapter
119 of the Code of Virginia, or asking for the town manager form of
government as provisionally established by this charter, the court or
judge shall order an election upon the plan having the greatest number
of voters petitioning for the same.

GENERAL PROVISIONS

Section 20. (1) Investigation—The council, mayor and any
officer, board or commission authorized by the council, shall have power
to make investigations as to town affairs and for that purpose to sub-
poena witnesses, administer oaths and compel the production of books
and papers.

Any person refusing or failing to attend or to testify or to produce
such books or papers may, by summons issued by such officer or board
or by the council or mayor, be summoned before the police justice of the
town and upon his failure to give satisfactory explanation of such failure
or refusal, may be fined by the police justice not exceeding one hundred
dollars ($100.00) or imprisoned not exceeding thirty (30) days, either
or both, and such person shall have the right of appeal to the circuit
court of Pulaski County. Any person who shall give false testimony
under oath at any such investigation shall be liable to prosecution for
perjury.

(2) Limitations on Powers and Disqualification—Any member of
the council or any mayor who shall be convicted of a felony while in
office shall forfeit his office.

Neither the mayor nor any member of the council shall be interested,
directly or indirectly, in the profits of any contract of work or
financially interested, directly or indirectly, in the sale to the town of
any land, materials, supplies or services (other than professional ser-
vices), of a value of more than five thousand ($5,000.00) dollars. The
mayor or any member of council offending against the provisions -of
this section (section 20, subsection 2) shall be subject to fine of not
more than five hundred dollars ($500.00) and shall forfeit his or her
office. The jurisdiction for the imposition of any such fine shall be in
the police justice court with the right of an appeal to the circuit court of
Pulaski County, Virginia. The provisions of this subsection shall not
apply, however, if the council shall by resolution passed by the unanimous
vote of all members of the council, except the party interested, declare
that the best interests of the town are to be served despite such personal
interest, directly or indirectly, and if upon the passage of any such
resolution the same shall be presented to and approved by the circuit
court of Pulaski County on petition on behalf of the town setting forth
the facts, and a copy of the resolution. If said court shall approve the
transaction, an order shall be entered of record accordingly.

The council shall not approve any contract of work or any sale to
the town of any land, materials, supplies or services (other than official
services) in which any employee of the town has any financial interest,
except upon the unanimous vote of all members of council.

(3) Records of Office—If any person having been an officer or
employee of the town shall not within ten (10) days after the expiration
of his or her term of office, or within ten (10) days after he or she shall
have vacated, removed or been removed from office or employment, and
upon notification or request of council, deliver over to his successor in
office or employment all property, books and papers belonging to the
town or appertaining to such office or employment in his or her posses-
sion or under his or her control, then such person shall forfeit and pay
to the town the sum of five hundred dollars ($500.00) to be sued for
in the name of the town and recovered with costs, and which shall be
in addition to the right of the town to proceed in any manner prescribed
by law for the recovery of such property, books or papers; and all
property, books, records and documents used in any such office or
employment by virtue of any provisions of this charter, or of any ordi-
nance or order of the town council, or any superior officer of said town,
shall be deemed the property of the town.

(4) Elections —There shall be appointed for the town a registrar
and officers of election in the manner provided for by the general law of
Virginia, and all municipal elections or other elections provided for by
this charter shall be held and conducted, and may be contested, in con-
formity with the provisions of general law for municipal elections, but
in any municipal or other election herein provided for there shall be
only one voting precinct irrespective of the wards herein provided for,
and irrespective of the separate voting precinct which may be established
within the town for general elections.

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

(6) Ordinances.—All ordinances passed by the town shall take
effect at the time indicated in such ordinance, but in event no effective
date shall be set forth in any such ordinance passed by the council, the
same shall become effective thirty (30) days from the date of passage.

No publication of any ordinance or resolution passed by council shall
be required, unless it shall be required by council or by general law and
which requirement of council shall be contained in the ordinance or
resolution, and it shall then be published for the time and in the manner
therein contained. Every ordinance introduced shall be in writing and
presented to council in the form in which it is to be finally passed.

All ordinances in force in the town of Pulaski, not inconsistent with
this charter, shall be and remain in force until altered, amended or
repealed by the council.

(7) General Powers.—The town of Pulaski and and all the officers
thereof elected or appointed in accordance with the provisions of this
act shall be clothed with all the powers and subject to all the provisions
of general law not in express conflict with the provisions of this act.

(8) Audits—Upon the death, resignation, removal or expiration of
the term of any officer of the town, the council shall order an audit and
investigation to be made of the accounts of such officer and a report
to be made to the council as soon as practicable. After the close of each
fiscal year an annual audit shall be made of the accounts of all town of-
ficers ; said audit shall be made by a qualified accountant selected by the
council, who shall have no personal interest, direct or indirect, in the
financial affairs of the town or any of its officers or employees. The
council may, at any time, provide for an examination or audit of the
accounts of any officer or department of the town government.

(9) Constitutionality—If any clause, sentence, paragraph, section
or part of this act shall, for any reason, be adjudged by any court of
competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of said act, but shall be
confined in its operations to the clause, sentence, paragraph, section or
part thereof directly involved in the controversy in which said judgment
shall have been rendered.

(10) Repealing Clause—All acts or parts of acts in conflict with
this charter, insofar as they affect the provisions of this charter, and
all former charters and amendments thereto for the town of Pulaski,
Virginia, are hereby repealed.

(11) Citation of Act.—This act may for all purposes be referred
to or cited as the town of Pulaski charter of 1948.

(12) Effective Date—An emergency existing, this act shall be in
force from its passage.