CHAPTER 193

AN ACT to provide a new charter for the city of Martinsville,
Virginia; and to repeal Chapter 69 of the Acts of Assembly
of 1942, approved February 25, 1942, which provided a
_ charter for such city.
{ H 125 ]

_Approved March 14, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. Incorporation.—The inhabitants of the territory com-
prised within the present limits of the City of Martinsville, as
hereinafter described, or as the same may be hereafter altered
and established by law, shall continue to be a body politic and
corporate, to be known and designated as the City of Martins-
ville, and as such shall have and may exercise all powers which
are now, or hereafter may be conferred upon, or delegated to
the City under the Constitution and laws of the Commonwealth
of Virginia, as fully and as completely as though said powers
were specifically enumerated herein and no enumeration of
particular powers by this charter shall be held to be exclusive;
and the said City of Martinsville as such shall have perpetual
succession, may sue and be sued, contract and be contracted
with, and may have a corporate seal which it may alter, renew,
or amend at its pleasure.

The administration and government of the said City shall
be vested in the Council of the City of Martinsville as herein-
after constituted, and in such other boards and officers as are
hereinafter mentioned, or may be by law or the Council other-
wise provided. And it shall continue to consist of one ward
until such time as it may be subdivided into additional wards
in the manner prescribed by law.

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

The metes and bounds of said City as its limits now are, are
as follows, to wit:
BEGINNING at a concrete post with a brass tablet set in
top on the North bank of Smith River in J. R. Wray’s land;
thence N 33° 37’ 15” E 12,108.76 feet to a brass tablet set in a
concrete post; thence N 56° 29’ 15” E 2, 153.65 feet to a brass
tablet set in a concrete post; thence S 70° 04’ 45” E 11,628.14
feet to a brass tablet set in a concrete post; thence S 9° 25’ 15”
W 18,303.77 feet to a brass tablet set in a concrete post, said post
being located in the North right of way line of Mulberry Road;
thence N 63° 30’ 05” W 217.99 feet crossing Mulberry Road, to
a brass tablet set in a concrete post, said post being located in the
South right of way line of Mulberry Road; thence following the
South right of way of Mulberry Road as it meanders N 10° 11’
25” W 140.20 feet, N 2° 53’ 35” E 313.19 feet, N 3° 25’ 45” E
120.00 feet, N 0° 17’ 25” E 129.97 feet, N 11° 26’ 05” W 150.04
feet, N 29° 36’ 25” W 149.91 feet, N 30° 11’ 25” W 50.20 feet,
N 35° 43’ 55” W 114.85 feet, N 37° 15’ 40” W 100.50 feet, N 37°
27’ 15” W 101.40 feet, N 38° 19’ 45” W 99.28 feet, N 38° 37’ 10”
W 100.05 feet, N 41° 23’ 30” W 102.87 feet, N 46° 23’ 05” W
160.33 feet, N 48° 33’ 00” W 205.49 feet, N 48° 48’ 25” W 106.98
feet, N 48° 40’ 05” W 106.92 feet, N 54° 45’ 15” W 104.00 feet,
N 61° 40’ 30” W 99.93 feet, N 72° 21’ 00” W 200.78 feet, N
712° 17’ 00” W 114.95 feet, N 72° 04’ 30” W 84.90 feet, N 72°
01’ 35” W 99.90 feet, N 70° 46’ 25” W 100.10 feet, N 68° 20’ 20”
W 100.00 feet, N 67° 10’ 00” W 100.00 feet, N 60° 00’ 05” W
100.85 feet, N 25° 43’ 25” W 185.50 feet, N 44° 00’ 10” W 98.00
feet, N 64° 19’ 20” W 130.60 feet, N 70° 29’ 30” W 105.10 feet,
N 71° 02’ 30” W 100.15 feet, to a brass tablet set in a concrete
post, said post being located in the south right of way line of
Mulberry Road, and marking the corner of Lots Number 13 and
14 of Section “K” of Lanier Farms, Inc., Sub-Division.

The above traverse lines being the lot fronts, or chord
lengths of the curved lines, of Sections ‘“‘Q’’, “O’’, ‘““M” and “K”
of Lanier Farms, Inc., Sub-Divisions.

Thence leaving Mulberry Road, S 16° 51’ 00” W 216.89
feet to a brass tablet set in a concrete post; thence S 39° 10’ 00”
W 223.96 feet to a brass tablet set in a concrete post; thence N
70° 54’ 00” W 3,017.70 feet to a brass tablet set in a concrete
post; thence N 72° 56’ 00” W 4,010.34 feet to a brass tablet set
in a concrete post; thence N 23° 21’ 45” W 1,257.85 feet to a
brass tablet set in a concrete post, said post being located on the
west side of U. S. Route Number 220; thence N 61° 53’ 45” W
1,010.40 feet to a brass tablet set in a concrete post; thence N
84° 43’ 45” W 2,779.15 feet to a brass tablet set in a concrete
post, said post being located at the end of old road leading to
Roundabout Farm and near the property line of E. I. DuPont
Company; thence N 15° 56’ 00” W 514.47 feet to a brass tablet
set in a concrete post; thence N 24° 30’ 30” W 633.30 feet.to a
brass tablet set in a concrete post; thence N 59° 08’ 55” W 361.86
feet to a brass tablet set in a concrete post; thence N 19° 00’ 55”
W 1,095.53 feet to a brass tablet set in a concrete post; thence
N 51° 09’ 45” W 900.81 feet to a brass tablet set in a concrete
post; thence N 7° 44’ 30” W 484.57 feet to a brass tablet set in
a concrete post; thence N 10° 36’ 50” W 298.81 feet to a brass
tablet set in a concrete post; thence N 52° 39’ 15” W 1,110.31
feet to the point of beginning, as described in Paragraph No. 1,
as shown on the map prepared by the City of Martinsville.

All of the above bearings refer to the True Meridian, and
include all of the territory previously set out as the corporate
limits of the City of Martinsville in the charter granted said
City by the Act of March 30, 1936, by the General Assembly, and
also include the territory annexed to said City by annexation
proceedings in the Circuit Court of Henry County, Virginia, by
Order entered in said proceedings on the 12th day of July, 1939,
in Law Order Book No. 7, page 511, and also includes the terri-
tory annexed to said City by annexation proceedings in the
Circuit Court of Henry County, Virginia, by Order entered in
said proceedings on the 18th day of July, 1946, in Law Order
Book No. 8, page 370.

§ 2. Powers of the City.

In addition to the powers mentioned in the preceding sec-
tion, the said City shall have power:

(1) To raise annually by taxes and assessments in said
City on all subjects the taxation of which by cities is not for-
bidden by general law, such sums of money as the council herein
provided for shall deem necessary for the purposes of said City,
and in such manner as said council shall deem expedient, in ac-
cordance with the Constitution and laws of this State and of
the United States; provided, however, that said tax shall not
exceed the sum of two dollars and twenty-five cents on the
hundred dollars of assessed value of real and personal property
subject to taxation by the City.

(2) The City council may levy a tax or a license on any
person, firm, or corporation conducting any business, employ-
ment or profession whatsoever in the City, except when ex-
pressly prohibited by general law, whether a license may be re-
quired therefor by the State or not, and may exceed the State
license, if any be required.

(3) The council may require of owners of motor vehicles,
trailers and semi-trailers, residing in, or having a place of busi-
ness in the City in which business the said motor vehicle is
used, licenses for the privilege of operating such vehicles in
the City, such licenses to be issued and the fees therefor fixed by
che council.
(4) All goods and chattels wheresoever found, may be
distrained and sold for taxes assessed and due thereon, and no
deed of trust or mortgage upon goods and chattels shall prevent
the same from being distrained and sold for taxes.

(5) There shall be a lien on real estate for the City taxes
as assessed thereon from the commencement of the year for
which they were assessed. The council may require real estate
in the City delinquent for the nonpayment of City taxes to be
sold for said taxes, with interest thereon at the rate of six per
centum per annum, and such per centum as the council may
prescribe for charges. Such real estate may be sold and may
be redeemed in the manner provided by law; provided that at
any such sale, where no person bids the amount chargeable on
any such real estate, it shall be lawful for the City treasurer
to purchase the same for the benefit of the City upon the same
terms and conditions prescribed by general law, for the pur-
— or delinquent real estate by the treasurer for the benefit
of a city.

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

(7) To contract debts, borrow money and make and issue
evidence of indebtedness.

8) To expend the money of the City for all lawful
purposes.

(9) To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate or interes’
therein, within or without the City or State and for any of the
purposes of the City; and to hold, improve, sell, lease, mortgage,
pledge or otherwise dispose of the same or any other part
thereof.

(10) To acquire or lease in any lawful manner for munici-
pal purposes or for the purpose of encouraging commerce and
manufacture, lands within and without the City not exceeding
at any one time five thousand acres in the aggregate, and may
from time to time sell or lease the same or any part thereof for
all lawful purposes.

(11) To make and maintain public improvements of all
kinds, including municipal and other public buildings, airports,
armories, markets, municipal off street parking stations, swim-
ming pools, libraries, hospitals, comfort stations or rest rooms
and all buildings and structures necessary or appropriate for
the use of the departments of fire and police; and to establish
a market or markets in and for said City for the sale of food-
stuffs, to appoint proper officers therefor; to prescribe the time
and place for holding the same; to provide suitable buildings
and grounds therefor and to make and enforce such rules and
regulations as shall be necessary to restrain and prevent huck-
stering, forestalling and regrating, and for the purpose of regu-
lating and controlling the sale of fresh meats, seafood, farm
and domestic products and all perishable foods in said City; the
council shall also have authority to confine the sale of such
articles or products to the public markets and public squares
provided by the City for that purpose, and shall have full power
and authority to regulate the same.

(12) To furnish all local public services; to purchase, hire,
construct, own, lease, maintain and operate local public utilities,
tc acquire by condemnation or otherwise, within or without the
corporate limits, lands and property necessary for any such
purposes.

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

(14) To establish, impose and enforce water, light and
sewerage rates and rates and charges for public utilities, or
other service, products or conveniences, operated, rendered or
furnished by the City; and to assess, or cause to be assessed,
water, light and sewerage rates and charges against the proper
tenant or tenants or such persons, firms, or corporations as may
be legally liable therefor; and the council may by ordinance
require a deposit of such reasonable amount as it may by such
ordinance prescribe, before furnishing any of said services to
any person, firm or corporation, but nothing herein shall be
construed as conferring upon said council authority to regulate
rates and charges of public utilities which are subject to the
jurisdiction of the State Corporation Commission.

(15) Subject to the provisions of the Constitution of Vir-
ginia to grant franchises for public utilities.

(16) To acquire in the manner provided by the general
laws any existing water, gas or electric plant, works or system,
or any part thereof. Any public utility owned or operated by
the City of Martinsville, whether it be water, gas, electric plant
or otherwise shall not be sold until the same shall have been
first submitted to the qualified voters of the City at a general
or special election and shall have been approved by two-thirds
of such voters voting on the question of such sale, which two-
thirds shall include the majority of qualified registered voters
owning real estate in said City and voting in such election on
such sale.

(17) To establish, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle and clean, public highways,
streets, alleys, boulevards and parkways, and to alter, or close
the same; to establish and maintain public parks, playgrounds
and other public grounds; to construct, maintain and operate
public 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 obstruc-
tion of such street drains and highways; to regulate the opera-
tion and speed of all locomotives, cars, and vehicles using the
streets or railroads within the City; to regulate the services to
be rendered and rates to be charged by public busses, motor cars,
taxicabs and other public vehicles used for hauling passengers
and baggage for hire, except when prohibited by the State Cor-
poration Commission of Virginia, or the Interstate Commerce
Commission; to require any telephone and telegraph wires and
any wires and cables carrying electricity to be placed in conduits
under ground and to prescribe rules and regulations for the
construction and use of such conduits; and to do all other lawful
things whatsoever adapted to make said streets and highways
safe, convenient and attractive.

(18) To construct and maintain, or aid in constructing and
maintaining, public roads, boulevards, parkways and bridges
beyond the limits of the City, in order to facilitate public travel
to and from said City and any property owned by said City and
situated beyond the corporate limits thereof, and to acquire land
necessary for such purpose by condemnation or otherwise.

(19) To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to acquire and
operate plants for the utilization or destruction of such mate-
rials, or any of them; or to contract for and regulate the collec-
tion and disposal thereof.

(20) To compel the abatement and removal of all public
nuisances within the City, or upon property owned by the City,
beyond its limits; to require all lands, lots and other premises
within the City to be kept clean, sanitary and free from weeds;
to regulate or prevent slaughter houses or other noisome or
offensive business within said City, the keeping of animals,
poultry or other fowls therein, or the exercise of any dangerous
or unwholesome business, trade or employment therein; to regu-
late the transportation of all articles or materials through the
streets of the City; to compel the abatement of smoke, odors and
dust; to prevent unnecessary noise therein; to regulate the loca-
tion of stables and the manner in which they shall be kept and
constructed, and generally to define, prohibit, abate, suppress
and prevent all things detrimental to the health, morals, com-
cont, safety, convenience and welfare of the inhabitants of the
ity.

(21) If any ground in the said City shall be subject to be
covered by stagnant water or if the owner or occupant thereof
shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the said council may cause such ground
to be filled up, raised or drained, or may cause such substance
to be covered or removed therefrom, provided, that reasonable
notice shall be first given to the said owner or occupant or his
agent. In case of non-resident owners who have no agent in
said City, such notice may be given by publication for not less
than ten days in any newspaper published in said City or having
general circulation therein.

(22) To direct or prevent the location of all buildings for
storing gunpowder or other explosive or combustible substances,
to regulate or prohibit the sale and use of dynamite, gunpowder,
firecrackers, kerosene oil, gasoline, nitroglycerine, camphene,
burning fluid, and all explosives or combustible materials, the
exhibition of fireworks, the discharge of firearms, the use of
candles and light in barns, stables and other buildings, the mak-
ing of bonfires and the carrying of concealed weapons.

(23) To prevent the running at large in said City of all
animals and fowls, and to regulate the keeping or raising of
same within said City, and to subject the same to such levies,
regulations and taxes as it may deem proper.

(24) To inspect, test, measure and weigh any commodity or
article offered for human consumption or use within the City.

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

(26) To establish, organize and administer public schools
subject to the general laws establishing a standard of education
for the State.

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

(28) To provide for the preservation of the general health
of the inhabitants of said City, make regulations to secure the
same, inspect all food and foodstuffs and prevent the introduc-
tion and sale in said City of any article or thing intended for
human consumption, which is adulterated, impure or otherwise
dangerous to health, and to condemn, seize and destroy or other-
wise dispose of any such article or thing without liability to
the owner thereof; prevent the introduction or spread of con-
tagious or infectious diseases, and prevent and suppress diseases
generally; to provide and regulate hospitals within or without
the City limits, and to enforce the removal of persons afflicted
with contagious or infectious disease to hospitals provided for
them, to provide for the organization of a department of health,
to have the powers of a board of health, for said City, with the
authority necessary for the prompt and efficient performance of
its duties, with power to invest any or all the officials or em-
ployees of such department.of health with such powers as the
police officers of the City have; to establish a quarantine ground
within or without the City limits and such quarantine regula-
tions against infectious and contagious disease as the said Coun-
cil may see fit, subject to the laws of the State and the United
States; to provide and keep records of vital statistics and compel
the return of all births, deaths and other information necessary
thereto. :

(29) To acquire by purchase, gift, device, condemnation
or otherwise lands, either within or without the City, to be used.
kept and improved as a place for the interment of the dead, and
to make and enforce all necessary rules and regulations for the
protection and use thereof; and generally to regulate the burial
and disposition of the dead. |

(30) To exercise full police powers, and establish and main-
tain a department or division of police.

(31) To create, regulate and maintain a fire department
for the City and to prescribe the duties of said department and
its officers.

(32) For the purpose of guarding against the calamities of
fires, the City council may, from time to time, designate such
portions and parts of the City as it deems proper within which
inflammable buildings may not be erected. It may prohibit the
erection of wooden buildings or buildings of inflammable ma-
terial in any portion of the City without its permission, and may
provide for the removal of such buildings or additions which
shall be erected contrary to such prohibition at the expense of
the builder or owner thereof; or if any building in process of
erection or already built appears clearly to be unsafe, the coun-
cil may cause such building to be taken down, after reasonable
notice to the owner; and the council may, by proper ordinance,
divide the City into zones; specify the kind and character of
buildings which may be erected in the different zones; provide
for the disposition of garbage and waste; provide precautionary
measures against danger from fires; provide for the removal
of buildings or structures of any kind, erected in violation of
ordinances, at the expense of the builder or owner; and may do
all other things lawful to be done, looking to the health and
safety of the inhabitants of the City.

(33) The City council shall not take or use any private
property for streets or other public purposes without making
the owner thereof just compensation for the same; but in cases
where the council cannot by agreement obtain title to the ground
for such purposes the council may exercise the power of eminent
domain, as provided by law.

(34) In every case where a street in said City has been,
or shall be, encroached upon by any fence, building or other-
wise, the council may require the owner to remove the same,
and if such removal be not made within the time prescribed by
the council, it may impose such penalty as it deems 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 therefor, with costs by the same
process that council is hereinafter empowered to collect taxes.

Except, in case where there is a bona fide dispute as to the
true boundary line or the location of the true street line (and if
such passage over such street is not seriously impeded) the same
shall be first established and determined by an adjudication of a
court of competent jurisdiction in a proceeding instituted by
either the City or the property owner for that purpose before
the said City shall take any steps to remove the said obstruction
or encroachment, or to impose any penalty therefor. No en-
croachment upon any street, however long continued, shall con-
stitute any adverse possession to or confer any rights upon the
persons claiming thereunder as against the said City.

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

(36) To do all things whatsoever necessary or expedient
for promoting or maintaining the general welfare, comfort, edu-
cation, morals, peace, government, health, trade, commerce or
industries of the City or its inhabitants.

(37) To make and enforce all ordinances, rules and regu-
lations necessary or expedient for the purpose of carrying into
effect the powers conferred by this charter or by any general
law, and to provide and impose suitable penalties for the viola-
tion of such ordinances, rules and regulations, or any of them,
by fine not exceeding five hundred dollars or imprisonment not
exceeding twelve months, or both; the City may maintain a
suit to restrain by injunction the violation of any ordinance
notwithstanding such ordinance may provide punishment for
its violation. The enumeration of particular powers in this
charter shall not be deemed or held to be exclusive, but in addi-
tion to the powers enumerated herein or implied thereby, or ap-
propriate to the exercise thereof, the said City shall have and
may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and
general laws of this State not inconsistent with this charter.

CHAP 2
THE COUNCIL

§ 1. Creation of Council.

There shall be a council which shall have full power and
authority, except as herein otherwise provided, to exercise all
the powers conferred upon the City, and to pass all laws and
ordinances relating to its municipal affairs, subject to the Con-
stitution and general laws of the State and of this charter.

§ 2. Composition of Council; Vacancies.

The council shall consist of five (5) members, who shall be
elected at large and serve for a term of four (4) years from the
first day of September next following the date of their election
and until their successors have been elected and qualified; pro-
vided, however, that at the next regular municipal June elec-
tion to be held on the second Tuesday in June, Nineteen Hundred
and Fifty (1950), there shall be elected for a term of two (2)
years five (5) councilmen who shall qualify and assume their
office on September First, Nineteen Hundred and Fifty (1950),
and organize themselves as is provided in § 15-402 of the Code
of Virginia; and provided further that on the second Tuesday
of June, Nineteen Hundred and Fifty-two (1952) there shall
be elected five (5) councilmen who shal] enter upon duties of
their office the first day in September following their election.
Said five (5) councilmen so elected in June, Nineteen Hundred
and Fifty-two (1952) shall draw lots, be divided into two groups
of as nearly equal numbers as possible, the smaller of said two
groups consisting of two (2) councilmen shall serve for a period
of two (2) years, and until their successors have been elected
and qualified and the larger group consisting of three (3) coun-
cilmen shall serve for a period of four (4) years and until their
successors have been elected and qualified.

The office of the present Mayor and all councilmen now hold-
ing office shall expire as provided by law on September First,
Nineteen Hundred and Fifty (1950), or when their successors
as hereinabove set out have qualified. The council shall be a
continuing body and no measure pending before such body shall
abate or be discontinued by reason of the expiration of the term
of office or removal of said body, or any of them. Vacancies in
the council shall be filled within ninety (90) days, for the un-
expired term, by a majority vote of the remaining members.
Any member of the council who shall be voluntarily absent from
three regular meetings of the council consecutively, may be
removed from office by resolution of the council declaring his
seat vacant.

§ 3. Qualification of members.

Any person qualified to vote in the City shall be eligible to
the office of councilman.

§ 4. Limitations on powers and disqualifications.

(a) Any member of the council who shall have been con-
victed of a felony while in office shall thereby forfeit his office.

(b) No member of the council or other officer shall be in-
terested directly or indirectly in the profits of any contract or
work, or be financially interested, directly or indirectly, in the
sale to the City of any land, materials, supplies, or services
(other than official services). Any member of the council or
any other officer of the City, who shall knowingly offend against
the provisions of this section, shall be subject to removal from
office by proceedings in either the Circuit Court or Corporation
Court of the City for such purpose in the manner provided by
law for removal of public officials from office by reason of mal-
feasance or misfeasance.

(c) Except for the purpose of inquiry, the council and its
members shall so long as the city manager form of government
obtains deal with the administrative service solely through the
city manager, and neither the council nor any member thereof
shall have authority to give orders to any of the subordinates of
the city manager, either publicly or privately.

§ 5. Organization rules of the Council.

(a) At nine o’clock ante meridian on the First day of
September following a regular municipal election, or if such
day be a Sunday, then on the day following, the council shall
meet at the council chamber of the City, at which time the newly
elected councilmen, after first having taken the oaths prescribed
by law, shall assume the duties of their office. Thereafter the
council shall meet at such times as it may prescribe by ordi-
nance or resolution, except that it shall regularly meet not
less than once each month. The mayor, and any member of
the council, or any two members of the council, or the city man-
ager and any councilman, may call special meetings of the coun-
cil, at any time after at least twelve hours’ written notice, with
the purpose of said meeting stated therein, to each member
served personally or left at his usual place of business or resi-
dence; or such meeting may be held at any time without notice,
provided all members of the council attend and vote unanimously
on all matters acted upon. No business other than that men-
tioned in.the call shall be considered at such meetings.

The council may appoint all such other boards and
commissions as may be deemed proper, and prescribe the powers
and duties thereof. The council may determine its own rules of
procedure, may punish its own members for misconduct in office
and may compel attendance of members. It shall keep a journal
of its proceedings. A majority of all members of the Council
shall constitute a quorum to do business, but no resolution or
ordinance shall be adopted except by affirmative vote of a ma-
jority of all members elected to the council, but a smaller num-
ber may adjourn from time to time and compel the attendance
of absentees. All elections by the council shall be viva voce and
the vote recorded in the journal of the council. No vote or ques-
tion decided at a regular meeting shall be reconsidered at a
special meeting unless all members are present and three of them
concur. |
§ 6. Compensation of Council.

Each member of the City council shall receive Twenty Dol-
lars for each regular or special meeting he attends, provided
however, that the annual compensation paid to any councilman
shall not exceed Six Hundred Dollars for his services as such.

§ 7. Powers of Mayor.

The mayor shall be elected by the council for a term of two
(2) years. His term of office shall expire August Thirty-one,
Nineteen Hundred and Fifty-two (1952) and every two (2)
years thereafter or until his successor qualifies, and he shall
preside at meetings of the council and perform such other duties
consistent with his office as may be imposed by the council and
he shall have a vote and voice in the proceedings, but no veto.
He shall be the official head of the City, but shall have no juris-
diction or authority to hear, determine, or try any judicial
matters. In times of public danger, or emergency, he, or during
his absence or disability, the city manager, may take command
of the police and maintain order and enforce the laws, and for
this purpose, may deputize such assistant policemen as may be
necessary. During his absence or disability, except as above
provided, his duties shall be performed by another member ap-
pointed by the council. He shall authenticate by his signature
such instruments as the council, this charter, or the laws of
the State shall require.

§ 8. Clerk.

The council shall appoint a clerk to serve at the will of the
council, and shall have authority to adopt rules and appoint
such officers and committees as they may deem proper for the
regulations of their proceedings and for the convenient transac-
tions of business; to compel the attendance of absent members |
and enforce orderly conduct at meetings.

The council shall keep a minute book, in which the clerk
shall note the proceedings of the council, and shall record said
proceedings at large on the record book, and keep the same prop-
erly indexed.

CHAP 3
ORDINANCES

§ 1. Legislative procedure.

Except in dealing with parliamentary procedure, the coun-
cil shall act only by ordinance or resolution, and with the excep-
tion of ordinances making appropriations or authorizing the con-
tracting of indebtedness, shall be confined to one subject.

§ 2. Enactments.

(a) Each proposed ordinance, or resolution, shall be intro-
duced in a written or printed form, and the enacting clause of
all ordinances passed by the council shall substantially be “Be
it ordained by the Council of the City of Martinsville Virginia’,
and all resolutions shall begin with ‘Be it resolved by the Council
of the City of Martinsville, Virginia”.

(b) No ordinance shall be passed on the same day it is
introduced before the council unless said ordinance shall state
that an emergency exists, in which case all councilmen present
vote in the affirmative on the question of the emergency.

§ 3. Emergency Measures.

(a) No ordinance passed by the council shall take effect
until at least ten (10) days from the date of its passage; except
that the council may, by the affirmative vote of the majority of
its members, pass emergency measures to take effect at the time
indicated therein.

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

§ 4. Record.

Every ordinance or resolution having the effect of an ordi-
nance when passed shall be recorded by the clerk of council in
3 book kept for that purpose, and shall be authenticated by the
signature of the presiding officer and the said clerk.
§ 1. Courts.

All courts of said City as now constituted and established
by law shall be continued with the same jurisdiction as here-
tofore.

The City shall pay to the Judge of the Circuit Court of the
City of Martinsville a salary of not less than Five Hundred
Dollars per year, to be fixed by the council in addition to its pro
rata part of the regular salary of said Judge as fixed by general
law. But should a corporation court be established also for said
City, then the City shall not be required to pay any extra salary
to the Judge of the Circuit Court over and above the pro rata
share fixed by general law.

§ 2. Trial Justice.

The council, by majority vote, may appoint a Trial Justice
for the said City, who shall serve for four (4) years from the
date of his appointment and until his successor is appointed by
the council and qualifies. The trial justice shall be an attorney at
law qualified and authorized to practice in the State of Virginia
and shall be above the age of twenty-six (26) years.

Said trial justice is hereby vested with all the power,
authority and jurisdiction and charged with all the duties within
and for the City of Martinsville, and in criminal matters for one
mile beyond the corporate limits thereof, which are, or may
hereafter be, conferred upon trial justices by the laws of the
State of Virginia, so far as the same may be applicable and not
in conflict with the provisions of this charter; and any amend-
ments of the trial justice laws of this State shall be considered
as amendments also of this section of this charter, if the same
are applicable hereto. The trial justice shall also be the juvenile
and domestic relations judge of said City and his jurisdiction,
powers, authority, and duties shall be the same as are now con-
ferred and imposed upon trial justices by the laws of Virginia
and the amendments thereto or hereafter enacted.

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

Removals may be taken, and appeals from the decisions of
the trial justice may be taken, to the Circuit Court of the City
of Martinsville or the Corporation Court of the said City, in the
same manner, and upon the same terms, and shall be tried in the
same way as removals, or as appeals from the decision of trial
justices are now provided to be taken and tried by the laws of
the State of Virginia, relating to trial justices, or as the same
shall be hereafter amended.

The council of said City shall provide a salary to compen-
sate such trial justice in such amount and payable at such times
as the council shall deem proper, and the council may provide
also for a vacation period, either with or without pay, and for
such duration, as in the judgment of the council may be proper.

The council shall in the same manner appoint a substitute
trial justice for the City, whose term of office shall run con-
currently with that of the trial justice, and whose qualifications
shall be the same as those imposed on and required of the trial
justice. He shall act for and in the place of the trial justice
when the trial justice is absent from the City, or unable to per-
form his duties for any reason; and when such substitute acts,
he shall receive the compensation which would have been paid
the trial justice had the trial justice acted, and which compen-
sation shall be deducted from the salary or allowance made to
the trial justice.

The council may, by ordinance, impose upon the trial justice
such other duties as it may deem proper and expedient, includ-
ing the time and place of holding court.

The trial justice shall not practice law in the trial justice
court, but this provision shall not apply to the substitute. The
trial justice, during his term as such, shall hold no other munici-
pal office, nor shall he be eligible to hold any Federal or State
political office.

Subject to the provisions of this charter, the trial justice
shall be under the general supervision of the Circuit or Corpora-
tion Court of the City or if there be two or more such Courts
then the one exercising criminal jurisdiction is hereby desig-
nated.

The trial justice and the substitute shall, before assuming
office, give bond in like manner as provided for trial justices
under the laws of Virginia.

The council may also provide by ordinance for the appoint-
ment of a clerk of the trial justice court, whose term of office,
qualifications, duties, liabilities, and compensation shall be pro-
vided for in such ordinance and amendments thereto.

Nothing contained herein shall prevent the City of Martins-
ville from combining with the County of Henry for the use of
one trial justice and one substitute trial justice for such com-
bined City and County, in such manner as may be provided by
the laws of the State of Virginia relating to trial justices as far
as applicable shall control and not this section of this charter;
provided, however, that the combination of the said City with
the said County for the use of one trial justice and one substi-
tute trial justice shall not prevent the council of the City at any
time thereafter it shall desire so to do from withdrawing the
City of Martinsville from such combination by a vote of the
council and appointing a trial justice and a substitute trial
justice for the City of Martinsville under the provisions of this
charter, notwithstanding anything in the trial justice laws of
Virginia to the contrary.

CHAP 5
THE CITY MANAGER

§ 1. General Provisions. .

The administrative and executive powers of the City, includ-
ing the powers of appointment of officers and employees, are
vested in an official to be known as the City Manager, who shall
be appointed by the council at its first meeting, or as soon there-
after as practicable. The City council shall appoint the city
manager for an indefinite term and may remove him at any time
by a majority vote of all its members. At least sixty (60) days
before such removal shall become effective the council shall
advise the manager in writing of.the reason for his removal.
The council may suspend the manager from duty (with pay)
during the sixty (60) day period. The manager shall receive
such compensation as shall be fixed by the council, by ordinance,
and shall devote his entire time to the business of the City.

§ 2. Powers and duties of the City Manager.

The city manager shall be responsible to the council for the
proper administration of all affairs of the City coming within
his jurisdiction under this charter, the general law or the ordi-
nances or resolutions of the council. He shall have power and
it shall be his duty:

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

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

(c) To exercise supervision and control over all depart-
ments and divisions created therein, or that may be hereafter
created by the council and have general supervision over all
public improvements, works and undertakings, except as other-
wise provided in this charter.

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

(e) To recommend to the council for adoption such meas-
ures as he may deem necessary or expedient. :

(f) To prepare the annual budget and be responsible for
its proper administration after adoption, and keep the City
council fully advised as to financial conditions and needs of the
City.

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

(h) To perform such other duties as may be prescribed by
this charter.

(i) He shall be bonded as the council may deem necessary.

CHAP 6
CITY OFFICERS

§ 1.

The City council shall grant and pay to all city officers such
salaries or compensation, if any, as the said council may from
time to time deem just and proper, or shall be fixed by this act,
except such salaries or compensation as may be fixed by general
aw.

§ 2.

If any person, having been an officer of such City, shall not
within ten (10) days after he shall have vacated, or been
removed from office, and upon notification or request of the clerk
of the council shall allow, deliver over to his successor in office
all property, books and papers belonging to the City, or apper-
taining to such office in his possession or under his control, he
shall forfeit and pay to the City the sum of Five Hundred Dol-
lars, to be sued for and recovered with costs; and all books,
records, and documents used in any such office by virtue of any
provision of this act, or of any ordinance or order of the City
council, or any superior officer of the said City, shall be deemed
the property of the said City and appertaining to said office,
and the chief officer thereof shall be responsible therefor.

§ 3.
On the first day of September following the regular munici-
pal election and organization of the council, or as soon there-
after as may be practicable, the council shall elect a clerk, city
attorney and such other officers as may come within their juris-
diction, each of whom shall serve at the pleasure of the council.
The municipal officers of the City of Martinsville, other than
those above mentioned and unless provided for herein, shall,
from the date this charter becomes effective and thereafter con-
sist of five (5) councilmen as provided for in this charter; three
(3) justices of the peace elected at large; a city sergeant; a
commissioner of the revenue; a city treasurer; a common-
wealth’s attorney; and a clerk of the circuit court or for any
other court of record that may be or hereafter be established by
law for the City; and such additional officers as are provided for
or may be provided for by the council.

The mayor of the City shall be elected by the council from
their number as provided in this charter. The present sergeant,
commissioner of the revenue, city treasurer, commonwealth’s
attorney, clerk of the circuit court, and the three (3) justices
of the peace, shall continue in office until the expiration of the
terms for which they were respectively elected. Upon the com-
pletion of their present term of office, elections shall be held at
the time, in the manner and for the term provided by law.

§ 4. Commonwealth’s Attorney.

The commonwealth’s attorney for the City of Martinsville
shall be the commonwealth’s attorney for the Circuit Court of
said City and such other courts in said City as may be estab-
lished by the General Assembly. The duties of the common-
wealth’s attorney shall be those defined and set out by law and
in addition thereto, it shall be his duty to prosecute misdemean-
ants and violators of City ordinances in the trial justice or police
court when requested to do so by the mayor, city manager or
chief of police and shall prosecute all criminal cases appealed
from said court to the Circuit or Corporation Court of said City.

§ 5. Clerk of the Court.

The Clerk of the Circuit Court of said City shall have and
possess all and singular the authority, power and privileges, and
be subject to the limitations, and shall discharge all and singular
the duties provided by law for clerks of circuit courts in cities
of the first class in this Commonwealth in which both circuit
and corporation courts are established.

There shall be elected by the qualified voters of Martinsville
on the Tuesday after the first Monday in November, Nineteen
Hundred and Fifty-three (1953), and every eight (8) years
thereafter, a clerk of the Circuit Court of the City of Martins-
ville, whose term of office shall begin on the first day of Febru-
ary of the second year after such election, and shall continue
thereafter for eight (8) years.
§ 6. City Sergeant.

The city sergeant shall attend the terms of the Circuit and
Corporation Court of said City and shall act as an officer of
the said Court and shall have the authority, powers and Jjuris-
diction which is granted to sergeants of cities of the first class
by general law. He shall receive such compensation and emolu-
ments allowed by law to city sergeants. He shall perform such
other duties as may be prescribed and ordained by the City
council. But the city sergeant shall have no authority or custody
over prisoners held in jail or on the city farm except such as may
be required and necessary in serving the Court or Courts of
said City. But nothing herein shall be construed to prevent the
council from conferring additional authority or custody of pris-
oners" on said city sergeant by special authority enacted by the
council.

The city sergeant, as well as policemen and other officers
and conservators of the peace, shall in the matter of criminal
offenses have jurisdiction for one mile beyond the City limits
in enforcing the criminal laws of the State.

The City council may in its discretion allow additional com-
pensation or salary to the city sergeant.

§ 7. Commissioner of the Revenue.

The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose
of levying taxes that may be ordered by the City council, and
such other duties as the council may prescribe or direct. He
shall keep his office in some convenient place in the City, and
shall keep therein such books, schedules and records, and in
such manner as the City council may direct and prescribe, which
books, records, and other papers shall be subject to the inspec-
tion and examination of the members of the City council, or any
committee thereof, and of the collector of city taxes. He shall
receive for his services the compensation allowed by law. The
commissioner of revenue, in ascertaining the value of real prop-
erty taxable in said City, shall assess the same as required by law.

§ 8. Jailor.

The jailor of the City of Martinsville, or the person in
charge of the prison or prison farm of the said City is author-
ized to receive into jail, prison, or prison farm in the manner
provided by law all persons apprehended by the sergeant or any
lice officer of said City for violation of the rules, regulations,
oy-laws, or ordinances, or for disturbing the peace of the said
City, and shall be authorized to retain such persons in his
custody until ten o’clock the following morning, at which time
they shall be discharged unless regularly committed to his cus-
ody by a mittimus or warrant. -
§ 9. City Treasurer.

(a) The city treasurer shall, before entering upon the
duties of his office, give bond with sufficient surety to be ap-
proved by the council, in the penalty of such amount as may be
fixed by the council from time to time, payable to the City of
Martinsville, conditioned for the true and faithful performance
of the duties of his office. The treasurer shall be responsible for
the collection of all taxes, licenses and levies except charges for
services furnished by the public utilities of the City. He shall
be personally responsible to the City for the conduct of his office.
He shall have sole authority to appoint or employ and to remove
or discharge such deputies, employees and assistants as he may
deem necessary to carry on the work in his department and he
may fix their duties, terms of office and compensation, except
such as are fixed by general law. Delinquent taxes and levies
shall be transferred from the treasurer’s hands into the hands of
the city collector for the collection of any taxes, licenses and
other levies at any time before they become delinquent, if in
the discretion of the council it shall be proper so to do.

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

(c) The funds of the City shall be deposited by the treas-
urer in such bank or banks as the council may direct, and such
bank or banks shall give bond in such sum or sums as the
council shall fix. He shall keep books showing accurately the
state of his accounts and the money of the City shall be kept dis-
tinct and separate from his own money and he is hereby ex-
pressly prohibited from using directly or indirectly the City’s
money, checks or warrants in his custody and keeping for his
own use and benefit, or that of any person or persons whom-
soever, and any violation of this provision shall subject him to
immediate removal from office.

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

(e) The city treasurer shall, on the first day of each
month, render an account to the council showing the state of the
treasury on the day previous and the balance of money on hand.
He shall also, if required so to do by the council, accompany
such account, with a statement of all money received by him and
on what account, with a list of all checks paid by him during
the month then closed, and shall furnish such other information,
accounts and statements as the City council may direct.

(f) The city treasurer shall annually submit to the City
council, within fifteen (15) days after the close of the fiscal
year, a full and detailed account of all receipts and disburse-
ments made during the fiscal year just closed.

(g) All taxes, levies, or other sums of money of whatever
nature received by the city treasurer belonging to the City of
Martinsville, shall be credited by the treasurer on his books to
the City of Martinsville.

(h) 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.

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

(j) The city treasurer shall receive for his services the
compensation allowed by law.

§ 10. City Collector.

The council may direct the city manager to appoint a city
collector, and may define his powers, duties and compensation
and may require such bond to the City, with security to be ap.-
proved by the council, conditioned to secure the faithful dis-
charge of his duties to the City, in such penalty as the counci
shall deem proper.

Subject to the consent of the city manager, the city col.
lector may appoint such deputies and such other employees anc
assistants as may be necessary to carry on the work in his de
partment in all of its details in an economical and satisfactory
manner. The salaries of such deputies, employees and assistant:
shall be fixed by the City council.

The city collector, his deputies, employees and assistant:
shall be at all times subject to removal by the city manager.

§ 11.

The City council may combine offices where not express];
prohibited, excepting that the assessing and collecting officer
shall not be the same person.

All officers hereafter elected under this act, shall be electec
at the times and for the terms, as hereinbefore provided, anc
shall enter upon the discharge of their duties, in accordance wit
the provisions of the general laws of this State concerning Cit}
officers.
The City of Martinsville and the officers thereof, electec
or appointed in accordance with the provisions of this act, shal
be clothed with all the powers, and be subject to all the provi.
sions of law not in express conflict with the provisions of thi:
act.

CHAP 7
DEPARTMENT OF LAW

§ 1.

There shall be a department of law which shall consist of
the city attorney and such assistant city attorneys and other
employees as may be provided by ordinance.

§ 2. Qualifications and appointment of City Attorney.

The head of the department of law shall be the city attorney.
He shall be an attorney at law licensed to practice under the laws
of the Commonwealth and shall have actively practiced his pro-
fession therein for at least five (5) years immediately preced-
ing his appointment. He shall be appointed by the council for
an indefinite term.

Powers and duties of City Attorney.

The city attorney shall:

(a) Be the legal advisor of the council, the city manager
and of all departments, boards, commissions and agencies of
the City, including the school board, in all matters affecting the
interests of the City and shall upon request furnish a written
opinion on any question of law involving their respective official
powers and duties.

(b) At the request of the city manager or any member of
the council prepare ordinances for introduction and at the
request of the council or any member thereof shall examine any
ordinance after introduction and render his opinion as to the
form and legality thereof.

(c) Draw or approve all bonds, deeds, leases, contracts or
other instruments to which the City is a party or in which it
has an interest.

(d) Have the management and control of all the law busi-
ness of the City and the departments, boards, commissions and
agencies thereof or in which the City has an interest, and repre-
sent the City as counsel in any civil case in which it is interested
and in criminal cases in which the constitutionality or validity
of any ordinance is brought in issue.

(e) Institute and prosecute all legal proceedings he shall
deem necessary or proper to protect the interest of the City.

(f) Attend in person or assign one of his assistants to at-
tend all meetings of the council.
(g) Appoint and remove such assistant city attorneys and
other employees as shall be authorized by the council, and au-
thorize the assistant city attorneys or any of them or special
counsel to perform any of the duties imposed upon him in this
charter.

(h) Have such other powers and duties as may be assigned
to him by ordinance.

CHAP 8
CITY PLANNING

§ 1.

The City council shall have authority to continue in force
the City plan heretofore adopted showing the streets, highways,
and parks heretofore laid out, adopted, and established. Such
City plan shall be final with respect to the location, length, and
width of such streets and highways, and the location and dimen-
sions of such parks. Such City plan is hereby declared to be
established for the promotion of the health, safety, and general
welfare. Upon the adoption of any amendments thereto, a cer-
tificate to that effect, together with a p_at, shall be filed immedi-
ately with the clerk of every county affected by such City plan
or amendment.

§ 2.

The City Planning Commissioners shall continue in office
for the remainder of their terms and until their successors are
appointed by the council. The City Planning Commission shall
continue to exercise such duties, powers, and functions as it
now has under the existing charter and ordinances, or as may be
delegated to or required of said commission by the council by
proper ordinances and resolutions. The City Planning Commis-
sion shall be constituted, perform the duties and functions, and
otherwise be controlled by Chapter Eighty-eight of the Acts of
the General Assembly of Nineteen Hundred and Thirty-four
(1934), and amendments thereto, except in so far as said chap-
ter and amendments thereto are in conflict with this charter or
the express ordinances of the City now in force or hereafter
enacted.

§ 3.

The council may at any time, after a public hearing, amend
the City plan, by widening, relocating, or closing existing streets
and highways, and by altering any existing park or by laying
out new streets and highways and establishing new parks. Be-
fore amending the City plan, the council shall refer the proposed
amendment to the City Planning Commission for a report there-
on, and shall not act on such amendment until a report has been
received from said commission, unless a period of thirty (30)
days has elapsed after the date of reference to the commission.
Any amendment of the City plan, upon its adoption by the coun-
cil, shall be final unless changed as herein provided as to the
location, length, and width of any street and highway, and the
location and dimensions of any park. Any widening, relocating,
closing, or laying out of streets and highways proposed under
the provisions of law other than those contained in this article
shall be deemed an amendment of the City plan, and shall be
subj ect in al] respects to the provisions of this chapter.

The City Planning Commission shall have such other au-
thority and powers as may now or hereafter be granted by the
council of the City of Martinsville or to municipal planning com-
missions by the general law.

CHAP 9
ZONING

§ 1.
For the purpose stated in Article 1 of Chapter 24 of Title 15

of the Code of Virginia, the City council is hereby empowered
to pass zoning ordinances in conformity with the said act, as
amended, subject, however, to the following modifications thereto:

(a) For any or all of the aforesaid purposes, the council
may divide the City.

(b) The zoning ordinances and set back lines as they now
exist shall continue to be in full force and operation until amend-
ed or repealed by the City Council.

(c) Any zoning ordinances, regulations, restrictions, and
boundaries of districts may be changed from time to time by
the council, either upon its own motion or upon petition, under
such conditions as the council may prescribe, after a public hear-
ing, and adequate notice to all owners and parties affected, as
required by § 15-822 of the Code of Virginia. If a protest or
protests be filed with the council, signed by the owners of twenty
per centum or more of the area of the land included in the pro-
posed change, or by the owners of twenty per centum or more
of the area of the land immediately adjacent to the land in-
cluded in the proposed change, within a distance of one hundred
feet therefrom, or by the owners of twenty per centum or more
of the area of the land directly opposite across any street or
streets from the land included in the proposed change, within
a distance of one hundred feet from the street lines directly op-
posite, then no such change shall be made except by the majority
vote of all of the members of the council. No change shall be
made by the council in any zoning ordinance or map until such
change has been referred to the city planning commission for a
report thereon, and no action shall be taken by the council until
a report has been received from the commission, unless a period
of thirty (30) days has elapsed after the date of reference to
the commission.

(d) The Board of Zoning Appeals as now constituted shall
continue in office for the remainder of their terms and until their
successors are appointed by the council. The Board of Zoning
Appeals shall consist of five (5) members appointed by the City
council for a term of three (3) years, and in so far as not in-
consistent with this charter and the existing ordinances now in
effect or hereinafter enacted, the powers, duties, authority and
procedure of Article 1 of Chapter 24 of Title 15 of the Code of
Virginia shall govern.

(e) The Board of Zoning Appeals shall elect a secretary
who shall keep a written record of proceedings at its meetings.
All official orders, decisions and permits issued by the Board
shall be in writing and a copy thereof shall be delivered to the
office of the building inspector of the City within five (5) days
after such order, decision, or permit is arrived at or issued. —

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

(gz) Unless the council designates some member of the
board as chairman, the board shall select a chairman and secre-
tary from among its own members. The board may employ such
persons as the council may approve, and may expend such sums
as are appropriated by the council for its work.

CHAP 10

The supervision of the public schools in the City shall be
vested in a school board composed of not less than three (3) nor
nore than five (5) qualified voters of the City appointed by the
‘council. Vacancies on the said board shall be filled by the
ouncil.

CHAP 11
BOND ISSUE

§ 1. Purposes for which Bonds may be Issued.

The council may issue bonds of the City of Martinsville for
ny municipal purpose as hereinafter provided in this chapter.

§ 2. Election on question of the Issuance of Bonds.

Except as otherwise provided in this chapter, no bonds of the
‘ity of Martinsville shall be issued until the question of issuing
hese shall have first been submitted to the qualified voters of
the City at a general or special election and shall have been
approved by two-thirds of such voters voting on the question of
such issue, which two-thirds shall include a majority of the
qualified registered voters owning real estate in said City and
voting in such election on the question of such issue, provided,
however, any bond issued for classes of indebtedness described
in subdivisions (a) and (b) of Section One Hundred and Twen-
ty-seven of the Constitution of Virginia of Nineteen Hundred
and Two (1902), shall require the approval of only a majority
of such voters voting on the question of such issue, which major-
ity shall include a majority of the qualified registered voters
owning real estate in said City and voting in such election on
the question of such issue. The question or proposition submit-
ted to the voters as aforesaid shall state in general terms the
purpose or purposes of the proposed bond issue and the actual
or Maximum amount of the bond issue. All other details of the
bond issue shall be left to be determined by the council of the
City of Martinsville. At least twenty (20) days before any
election at which the question of issuing bonds of the City is to
be submitted to the voters of the City, the treasurer and the
commissioner of revenue of the City shall prepare and file in
the office of the clerk of the circuit court of the City of Martins-
ville a list of the qualified registered voters owning real estate
in said City and said clerk shall cause the said list to be pub-
lished as a whole at one time, or in parts from time to time in
one or more newspapers published in the City of Martinsville or
if none is published in said City then in a newspaper having
general circulation therein. At any time after said list is pub-
lished before the election until sundown of the day preceding
the election, objections to the accuracy of the list and any cor-
rections thereto may be presented to the judge of the circuit
court of the City of Martinsville, who shall hear and determine
all such and his determination shall be conclusive. On the day
preceding such election the judge of the said circuit court shall
certify the corrected list of the qualified registered voters own-
ing real estate in said City as provided for therein, and such list
so certified by him for the purpose of conducting the election
and determining its results shall be taken as final and conclusive.
No question as to the validity of such an election, or as to the
determination of the result thereof shall be raised in any court
except in an action or proceeding commenced within ten (10)
days after the determination of the result of said election.

§ 3. When Bonds to be made Payable.

All bonds of the City of Martinsville hereafter issued shall
be made payable within the probable life of the improvement or
undertaking on account. of which they are to be issued. The
determination of or by the council as to the probable life of any
such improvement or undertaking shall be conclusive. The prob-
able life of any improvement or undertaking shall not be deemed
to be more than thirty (30) years; provided, however, that the
probable life of real property acquired by the City may be
deemed to be as long as forty (40) years. In case of a bond issue
for several] different purposes, having different probable periods
of usefulness, the council shall determine the average of said
period, taking into consideration the amount of bonds to be
issued on account of each purpose for which a period is deter-
mined and the bonds shall mature within such average period.

§ 4. All Bonds to be Serial Bonds.

All bonds of the City of Martinsville hereafter issued shall
be serial bonds, that is to say, the aggregate principal amount
of the bond issue shall mature in annual installments, com-
mencing not more than two (2) years after the date of the
bonds, which annual installments shall be equal.

§ 5. Ordinances Authorizing Issuance of Bonds to lie over
Thirty Days.

No ordinance or resolution authorizing the issuance of
bonds of the City of Martinsville shall be finally adopted by the
council unless it shall have been introduced in the council at
least thirty (30) days before its final adoption.

§ 6. Debt Limitation.

The City of Martinsville shall not issue bonds or other
interest bearing obligations to an amount, which including
existing indebtedness, shall, at any time, exceed eighteen (18)
per centum of the assessed valuation of real estate in said City,
subject to taxation, as shown by the last preceding assessment
for taxes; provided, however, that in determining this limita-
tion to incur indebtedness, there shall not be included the classes
of indebtedness specifically provided for in subdivisions (a) and
(b) of Section One Hundred and Twenty-seven of the Constitu-
‘ion of Virginia of Nineteen Hundred and Two (1902).

§ 7. Taxation to pay Bonds; Sinking Fund.

The full faith and credit of the City of Martinsville shall
xe deemed to be pledged for the punctual payment of the prin-
ipal of and interest on every bond and note issued under this
ict. The council of the City of Martinsville shall have power
o annually levy and collect a tax ad valorem upon all taxable
roperty in the City, sufficient to pay the principal and the
nterest on all bonds issued under this act, as such principal
nd interest become due; provided, however, that such tax may
e reduced by the amount of other moneys appropriated and
ctually available for said purposes. The council shall annually
et aside from the resources of the City a sum not less than one
1) per centum of the aggregate bonded indebtedness of the
‘ity, not payable within one year, whether heretofore, or here-
after contracted, except that no sinking fund shall be required
for bonds heretofore or hereafter issued in serial form; pro-
vided, however, that nothing herein contained shall be construed
to authorize the council to discontinue any sinking fund which
may be required for bonds issued pursuant to Clause B, Section
One Hundred and Twenty-seven of the Constitution of Virginia
of Nineteen Hundred and Two (1902). The fund thus set aside
shall be called the sinking fund and shall be applied to the pay-
ment of the bonded indebtedness of said City, as it shall become
due, and if no part be due and payable, the sinking fund may be
invested in the bonds or other certificates of indebtedness of
said City, or of the State of Virginia, or the United States, or
of any other State in the Union.

§ 8. Sinking Fund Commissioners.

The sinking fund commission for the City shall be com-
posed of the mayor, city commissioner of revenue and the city
treasurer, whose duties shall be to take over annually from the
treasurer, and invest the sinking fund as herein provided; and
shall annually submit a report to the council showing the con-
dition and amount of the sinking fund. A bond with satisfactory
surety shall be required of the sinking fund commissioners, the
amount of which shall be fixed by ordinance. No fees nor com-
missions shall be paid to any officer for the handling and control
of the sinking fund.

CHAP 12
BUDGET, ACCOUNTING AND AUDIT

§ 1.

By ordinance, the City council shall not later than July
First, Nineteen Hundred and Fifty (1950), provide for a mod-
ern budget and accounting system, to be maintained on a current
modern basis, which shall include a pre-audit, control and ap-
proval of all expenditures with appropriate records and reports.
The ofhcer in charge of this activity shall be the city manager
or some qualified employee appointed by him.

§ 2.

By ordinance, the City council shall not later than July
First, Nineteen Hundred and Fifty (1950), provide for a thor-
ough system of post audit of all expenditures, receipts and finan-
cial affairs of the City. The council shall cause this work to be
done by a Certified Public Accountant of their selection and
appointment or the Auditor of Public Accounts of the Common-
wealth of Virginia. The council may direct an audit of any or
all financial records at any time but they shall cause a complete
audit to be made of all accounts, books, records and financial
transactions of the City at least once each fiscal year.
§ 1. Vacancies.

Vacancies in any offices provided for in this charter shall
be filled by the authority and in the manner provided herein
for the original appointment or election of such officers.

§ 2. Oaths of Office and Qualification.

Except as otherwise provided by general law or by this
charter, all officers elected or appointed under the provisions of
this charter shall take the oath of office and execute such bond
as may be required by general law, by this charter, or by ordi-
nance or resolution of the council, and file the same with the
circuit court clerk, before entering upon the discharge of their
duties, and if the requirements of this section have not been com-
plied with by any officer within ten (10) days after the term of
office shall have begun or after his appointment to fill a vacancy,
then such office shall be considered vacant.

§ 3. Officers to Administer Oaths.

The commissioner of the revenue, clerk of council, city
treasurer and city manager shall have power to administer oaths
and to take and sign affidavits in the discharge of their respective
official duties.

Bonds :

All officers elected or appointed under the provisions of
this charter shall, unless otherwise provided by general law or
by this charter, execute such bonds, with such approved cor-
porate surety, as may be required by general law, by this charter
or by ordinance or resolution of the council, and file the same
with the circuit court clerk before entering upon the discharge
of their duties. The City shall pay the premiums on such bonds.

§ 5. Investigations.

The council, the city manager, and any officer, board or com-
mission authorized by them, or either of them, shall have power
to make investigation as to city affairs, and for the purpose to
subpoena witnesses, administer oaths, and compel the production
of books and papers.

Any person refusing or failing to attend, or to testify or
to produce such books and papers, may by summons issued by
such board or officer be summoned before the trial justice of the
said City by the board or official making such investigation, and
upon failure to give satisfactory explanation of such failure or
refusal, may be fined by the trial justice not exceeding one hun-
dred dollars or imprisonment not exceeding thirty (30) days,
and such person shall have the right to appeal to the Circuit
Court of the City of Martinsville. Any person who shall give
false testimony under oath at any such investigation shall be
liable to prosecution for perjury.

§ 6. Working Prisoners.

Subject to the general laws of the State regulating the work-
ing of those convicted of offenses against the State, the council
shall have the power to provide by ordinance for the employment
or the working of prisoners, either within or without the City
limits, or within or without any city prison or jail, for the vio-
lation of the laws of the State of Virginia, or the ordinances of
the City of Martinsville.

§ 7. Penalty for Officers Failing to Perform Duties.

If any officer of the City of Martinsville, whether he be
elected by vote of the people or by the council, or appointed by
the council, or the city manager, shall fail or refuse to per-
form any of the duties required of him by this chapter or by
ordinance or resolution of the City council, he shall be subject
to a fine of not less than five dollars nor more than one hundred
dollars for each offense, and he and his sureties on his official
bond shall be liable for all damages which may accrue to the
City or any other person by reason of such failure or refusal.

CHAP 14
1. |
Nothing in this act shall authorize the adoption of any ordi-
nance in conflict with any of the provisions of the Virginia Alco-
holic Beverage Control Act.

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

3

All ordinances and resolutions in force in the City of Mar-

tinsville immediately before the passage cf this Act shall be and
remain in force until altered, amended, or repealed by the council
of the said City.
2. Chapter sixty-nine of the Acts of Assembly of nineteen hun-
dred forty-two, approved February twenty-five, nineteen hun-
dred forty-two, is repealed and all acts and parts of acts in
conflict with this act are repealed to the extent of such conflict.
3. An emergency exists and this act is in force from its
passage.