CHAPTER 590

An Act to provide a charter for the town of Emporia, in the county of
Greensville, and to repeal Chapter 178 of the Acts of Assembly of
1897-1898, approved January 31, 1898, as amended, which act pro-
vided a charter for the town of Emporia.
Be it enacted by the General Assembly of Virginia:

§ 1. Body politic and corporate; designation; powers under State
Constitution and laws; powers as municipal corporation; corporate seal.—
The inhabitants of the territory comprised within the present. limits of
the town of Emporia, or within such limits as may be hereafter estab-
lished by law, shall constitute and continue a body politic and corporate,
to be known and designated as the town of Emporia, and as such shall
have and may exercise all powers which are now or hereafter may be con-
ferred 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 by this charter shall be held to be exclusive, and shall have,
exercise and enjoy all the rights, immunities, powers and privileges and
be subject to all the duties and obligations now appertaining to and incum-
bent on the town as a municipal corporation, and the town of Emporia,
as such, shall have perpetual succession, may sue and be sued, implead
and be impleaded, contract and be contracted with, and may have a cor-
porate seal which it may alter, renew, or amend, at its pleasure by proper
ordinance.

§ 2. Enumeration of powers.—In addition to the powers elsewhere
mentioned in this Charter and the powers conferred by the general laws
and the Constitution, the said town of Emporia shall have the following
powers:

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

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

(3) Capitation Tax.—To impose, in accordance with the provisions
of the general law of the State, a tax not exceeding one dollar per annum
upon all persons residing in town above the age of twenty-one, not exempt
from the payment of State capitation tax.

(4) Debts, borrowing, etc.—To contract debts, borrow money and
make and issue evidences of indebtedness.

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

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

(7) Markets: hucksters, peddlers, junk dealers, ete.—To establish
markets in the town and regulate the same, and to enforce such regula-
tions at such markets in regards to the keeping and sales of fresh meat,
vegetables, eggs and other green groceries and other articles of human
consumption as may be deemed advisable; to make and enforce such regu-
lations as shall be necessary to prevent huckstering, forestalling or re-
grating; to enforce such regulations as to hucksters, peddlers, junk dealers
and dealers in secondhand artieles as may be deemed expedient.

(8) Water supply.—To own, operate and maintain waterworks and
to acquire in any lawful manner in any county of the State, such water,
lands, property rights, and riparian rights as the council of the town may
deem necessary for the purpose of providing an adequate water supply
for the town and piping and conducting the same; to lay, erect and main-
tain all necessary mains and service lines, either within or without the
corporate limits of the town, for the distribution of water to its customers
and consumers, both within and without the corporate limits of the 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 water supply and for protecting the same from pollution;
and for this purpose to exercise full police powers and sanitary patrol
over all land comprised within the limits of the water shed, tributary
to any such water supply wherever such land 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 threat-
ened pollution of such water supply, and any and all acts likely to impair
the purity thereof; and carry out the powers herein granted, the town may
exercise within the state all powers of eminent domain provided by the
laws of this State.

(9) Materials for use by town.—To acquire by gift, purchase, ex-
change or by the exercise of the powers of eminent domain within this
state lands, or any interest or estate in lands, rock quarries, gravel pits,
sand pits, water and water rights and the necessary roadways thereto,
either within or without the town, and 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; and to acquire, by purchase, exchange or by
the exercise of the power of eminent domain within this state, lands, ma-
chinery and equipment, and build and operate a plant or plants for the pre-
paration and fixing of materials for any and all purposes of the said town.

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

(11) Weights and measures.—To inspect, test, measure and weigh
any commodity or commodities or articles of consumption for use within
the town; and to establish, regulate, license, and inspect weights, meters,
measures and scales.

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

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

(14) Public improvements.—To construct, maintain, regulate and
operate public improvements of all kinds, including municipal and other
buildings, markets, and all buildings and structures necessary or appro-
priate for the use and proper operation of the various departments of
the town; and to acquire by condemnation or otherwise, all lands, riparian
ee other rights and easements necessary for such improvements, or any
0 em.

(15) Streets, sidewalks, etc.; parks, playgrounds, etc.; bridges,
sewers, etc., shade trees; railroads and crossings; operation of vehicles.—
To establish, enter, open, widen, extend, grade, improve, construct, main-
tain and clean public highways, streets, sidewalks, boulevards, parkways,
and alleys, and to alter, vacate, or close the same; to establish and main-
tain parks, playgrounds, and public grounds; to keep them lighted and
in good order; to construct, maintain and operate bridges, viaducts, sub-
ways, tunnels, sewers and drains and to regulate the use of all such high-
ways, parks, public grounds and works; to plant and maintain or remove
shade trees along the streets and upon such public grounds; to prevent
the obstruction of such streets, alleys, and highways, abolish and prevent
grade crossings over the same by railroads in the manner prescribed
by the general law for the elimination of grade crossings; to require any
railroad company operating a railroad at a place where any highway or
street is crossed within the town limits to erect and maintain at such
crossing any style of gate deemed proper and keep a man in charge
thereof, either or both, or keep a flagman at such crossing during such
hours as the council may require in accordance with the general law of the
state, and to regulate the length of time such crossing may be closed
due to any operations of the railroads; to regulate, to the extent permitted
by general law, the parking and operation of cars, and vehicles upon such
streets and highways, as well as the speed of all engines, cars, and trains
on railroads within the town; and to do all other things whatsoever adapted
to make such streets and highways safe, convenient and attractive.

(16) Stadiums, swimming pools, recreation buildings, etc.—To con-
struct in such parks, playgrounds, and public grounds, as it may maintain,
or upon any town property, stadiums, swimming pools, and recreation
or amusement buildings, structures, or inclosures of every character, re-
freshment stands, restaurants, etc.; to charge for admission, and use
of the same, and rent out or lease the privileges of construction or using
such stadiums, swimming pools, recreation or amusement buildings,
structures, or inclosures of every character, refreshment stands, or res-
taurants, ete.

(17) Water and sewerage rates and charges.—tTo establish, impose,
and enforce the collection of water and sewerage rates, and rates and
charges for public utilities, or other services, products, or conveniences,
operated, rented or furnished by the town, and to assess, or cause to be
assessed, after reasonable notice to the owner or owners, water and
sewerage rates and charges directly against the owner or owners of the
buildings or against the proper occupant or occupants; and in event such
rates and charges shall be assessed against an occupant or owner or owners
then the council may by ordinance, require of such occupant or owner
or owners a deposit of such reasonable amount as it may by such ordi-
nance prescribe before furnishing such service to such occapant, or owner
or owners.

(18) Sewers and sewer connections.—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 sewage disposal plants, and to acquire by condemna-
tion or otherwise, within or without the town, all lands, rights of ways,
riparian and other rights, and easements necessary for the purposes
aforesaid, and to charge, assess, and collect reasonable fees, rentals,
assessments or cost of service for connecting with and using the same.

(19) Public utility franchises.—Subject to the provisions of the Con-
stitution and general laws of Virginia and this Charter to grant fran-
chises for public utilities.
(20) Charges for permits for use of public facilities—To charge
and to collect fees for permits to use public facilities and for public serv-
ices and privileges. The town shall have the power and right to charge
a different rate for any service rendered or convenience furnished to citi-
zens without the corporate limits from the rates charged for similar
service to citizens within the corporate limits.

(21) Nuisances; condition of premises; offensive or dangerous busi-
nesses, etc.; transportation through streets; smoke and dust; noise;
stables; things detrimental to health, etc.; condition of sidewalks.—To
compel the abatement and removal of all nuisances within the town or upon
property owned by the town beyond its limits at the expense of the person
or persons causing the same, or of the owner or occupant of the ground
or premises whereon the same may be, and to collect such expense by suit
or motion or by distress and sale; to require all lands, lots and other prem-
ises within the town, to be kept clean and sanitary and free from stagnant
water, weeds, filth, and unsightly deposits, or to make them so at the
expense of the owners or occupants thereof, and to collect such expense
by suit or motion or by distress and sale; to regulate or prevent noisome
or offensive businesses within the town, or the exercise of any dangerous
or unwholesome business, trade or employment therein; to regulate the
transportation of all articles through the streets of the town; to compel
the abatement of smoke and dust and prevent unnecessary noise; to
regulate the location of stables and the manner in which they shall be kept
and constructed; to regulate the location, construction, operation, and
maintenance of billboards and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, well being,
safety and welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front thereof to keep
the same clean and sanitary, and free from all weeds, filth, unsightly de-
posits, ice and snow.

(22) Fires and fire prevention; regulation of building; fire limits.—
To prevent or extinguish fires, 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 or other structures
hereafter erected, in such manner as the public safety or conveniences 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 or designate from
time to time fire limits, within which limits wooden buildings shall not be
constructed, removed to, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron or other fireproof material ;
and may enact stringent and efficient laws for securing the safety of
persons from fires in halls and buildings used for public assemblies, enter-
tainments or amusements.

(23) Explosives, flammables, fireworks, firearms, bonfires.—To direct the
location of all buildings for storing explosives or combustible substances;
to regulate the sale and use of gunpowder, nitroglycerin, fireworks, gaso-
line, kerosene oil or other like materials, to the extent not prohibited by
general law of the state; to regulate the exhibition of fireworks, the dis-
charge of firearms, and the making of bonfires in the streets and yards.

(24) Health; foodstuffs; diseases; hospitals; department of health.—
To provide for the preservation of the general health of the inhabitants of
such town, make regulations to secure the same, inspect all foodstuffs and
prevent the introduction and sale in such town of any articles or thing
intended for human consumption, which is adulterated, impure or other-
wise dangerous to health, and to condemn, seize and destroy or otherwise
dispose of any such article or thing without liability to the owner thereof;
to prevent the introduction or spread of contagious or infectious diseases,
and prevent and suppress disease generally; to provide and regulate
hospitals within or without the town limits, and if necessary to the sup-
pression of disease, to enforce the removal of persons afflicted with con-
tagious or infectious diseases to hospitals provided for them; to provide
for the organization of a department or bureau of health, to have the
powers of a board of health for such town, with the authority necessary
for the prompt and efficient performance of its duties, with the power
to invest any or all of the officials or employees of such department of
health with such powers as the public officers of the town have, to establish
quarantine ground within or without the town, and establish such quaran-
tine regulations against infectious and contagious diseases as the council
may see fit, subject to the laws of the State and of the United States.

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

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

(27) Motor vehicles carrying passengers for hire; automobiles, trucks
and traffic—To the extent permitted by general law of the State: To
control, regulate, limit and restrict the operation of motor vehicles carry-
ing passengers for hire upon the streets or alleys of the town; to regulate
the use of automobiles and 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 such town and to prescribe different
routes for different carriers; to prohibit the use of certain streets by
motor trucks; and generally to prescribe such regulations respecting
motor traffic therein as may be necessary for the general welfare.

(28) Acquisition, etc., of land to encourage commerce, etc.—To ac-
quire in any lawful manner, for the purpose of encouraging commerce
and manufacture, lands within or without the town not exceeding at any
one time five hundred acres in the aggregate, and from time to time to
sell or lease the same or any part thereof for industrial or commercial
uses and purposes.

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

(30) Police powers; police force.—To exercise full police powers and
establish and maintain a police force, the members of which shall be vested
with the powers of a conservator of the peace and shall have the same
powers and duties as a sheriff within the corporate limits of the town and
to the distance of one mile beyond the same, and such further jurisdiction
as may be provided by the laws of the Commonwealth of Virginia.

(31) Paupers, dangerous persons, ete.—To prevent any person hav-
ing no visible means of support, paupers, and persons who may be dan-
gerous to the peace and safety of the town, from coming to such town
from without the same; and also to expel therefrom any such person who
has been in such town less than twelve months.

(32) Drunkards, vagrants, beggars; riots, etc.; houses of ill-fame
and gambling houses; lewd, etc., exhibitions—To restrain and punish
drunkards, vagrants and street beggars, to prevent and quell riots, dis-
turbances and disorderly assemblages; to suppress houses of ill-fame and
gambling houses; to prevent and punish lewd, indecent and disorderly
exhibitions in such town; and to expel therefrom persons guilty of such
conduct who have not resided therein as much as one year.

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

(34) Minors in poolrooms, etc.—To prohibit minors from frequent-
ing, playing in or loitering in any public poolroom, billiard parlor, or
bowling alley, and to punish any proprietor or agent thereof for permitting
same or any minors violating such a regulation.

(35) Working prisoners; use of county jail.—To compel persons sen-
tenced to confinement in the jail of the town for any misdemeanor or
other violation of the laws or ordinances of the town to work on the public
streets, parks or other public works of the town; and on the requisition
of the mayor or other person acting as judge in the trial of violations of
the town ordinances, it shall be the duty of the jailer to deliver such
person to the sergeant of the town who shall deliver such person to the
duly authorized agent of the town of such purposes from day to day as he
may be required. For the purpose for carrying into effect the police regula-
tions of the town, the town shall be allowed to use the county jail of
Greensville County, for the safe keeping and confinement of all persons
who shall be sentenced to imprisonment under the ordinances of the town.

(36) Rewards.—To offer and pay rewards for the apprehension and
conviction of criminals.

(37) Street names.—To give names to or alter the names of the
streets.

(38) Plan for town; approval of subdivision plats—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 or within one
mile thereof, into streets, alleys, roads and lots or tracts shall be submitted
to and approved by the council before such plats or replats are filed for
record or recorded in the office of the Clerk of Greensville County,
Virginia.

(39) Municipal supply of electricity and gas——To own, operate and
maintain electric light and gas works,-either within or without the cor-
porate limits of the town and to supply electricity and gas whether the
same be generated or purchased by such town, to its customers and
consumers both without and within 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 and purchase electricity and gas from the owners thereof
upon such terms as it may deem expedient.

(40) Inspection of meat and milk; slaughterhouses.—To provide by
ordinance for a system of meat and milk inspection, and appoint milk and
meat inspectors, agents, or officers to carry the same into effect; to pro-
hibit, license, regulate, control and locate slaughterhouses within or with-
out the corporate limits of the town, and for such services of inspection
to make reasonable charge therefor; and to provide such reasonable
penalties for the violation of such ordinances.

(41) Poles and wires.—To regulate, 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
annual charges for such privileges, heretofore or hereafter granted: to
require the owner or lessee of an 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 prescribe rules and regulations for the
construction and use of conduits containing telephone and telegraph wires
and all wires and cables carrying electricity.

(42) Contracts as to water system and sewerage system.—To nego-
tiate and contract with any person, firm, corporation, municipality, or
sanitary district with regard to the connections of any water system or
sewerage system owned or operated by the town with any other system
or systems now in operation or hereafter to be established, within or
without the corporate limits and with regard to any other matter necessary
and proper for the construction or operation and maintenance of any such
systems within or without the town.

(48) Ordinances, etc., effecting powers of town.—To pass and enfarce
all by-laws, rules, regulations and ordinances, not inconsistent with the
laws of this State, which it may deem necessary for the good order and
government of the town, the management of its property, the conduct of
its affairs, the peace, comfort, convenience, order, morals, health and
protection of its citizens of their property and to do such other things and.
pass such other laws as may be necessary or proper to carry into full
effect, all powers, authority, capacity, or jurisdiction, which is or shall
be granted to or vested in such town, or in the council, court, or officers
thereof, or which may be necessarily incident to a municipal corporation.

(44) Injunction of violation of ordinance, etc—To enjoin and re-
strain the violation of any such by-law, rule, regulation or ordinance
although a penalty is provided upon conviction of such violation.

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

(46) General welfare, comfort, etc.—To do all things whatsoever
necessary or expedient and lawful to be done for promoting or maintaining
the general welfare, comfort, education, morals, peace, government, health,
trade, commerce, or industries of the town or its inhabitants.

§ 8. Vesting of administration and government; composition of
council.—The administration and government of the town of Emporia
shall be vested in a body to be called the council of the town of Emporia,
which shall consist of nine members, who shall be known as councilmen,
and a mayor, all of whom shall be residents and qualified voters of the

§ 4. Election and term of councilmen and mayor.—There shall be
elected at large by the electors of the town at the regular election in June,
1952, and, every two years thereafter, nine councilmen and a mayor, who
shall be electors of the town, whose term of office shall begin on the first
day of September next succeeding their election. The councilmen and
mayor shall hold office until their successors are elected and qualified.

§ 5. Power of council to appoint town manager, etc.—The council
of the town shall have power to appoint such officers, other than those
provided in this charter, as it may deem necessary, and to define their
duties, including a town manager, who may or may not be a resident or
qualified voter of the town, who shall, under the control of the council,
have general charge and management of the administration, affairs and
work of the town, and who shall perform such other duties as may be
required of him by the council. Such manager, if one should be appointed,
shall receive such salary as shall be allowed him by the council and may
be dismissed at any time by the council. The council may, in its discretion,
appoint one and the same person to fill both the position of the town
manager provided for in this section and the position of town engineer
provided for in § 22 of this charter. The present council of the town shall
have the right to elect or appoint a town manager whose duties shall be
as defined hereinabove. The Council may create, appoint, or elect such
other departments, bodies, boards, and other officers as are hereinafter
provided for, or as are permitted, or required by law to be appointed by
the council, including a town tax assessor, whose duty it shall be to assess
or value all real and personal property subject to taxation by the town.

§ 6. Mayor; police justice—The mayor shall preside over the delib-
erations of the council and shall have the same power and rights of voting
as other members of the council in case of a tie, but he shall have no
right of veto. He shall be the chief executive officer of the town and shall
perform such other duties consistent with his office as may be imposed by
the council. He shall take care and see that the by-laws, ordinances, acts
and resolutions of the council are faithfully executed. He shall have and
exercise all power and authority conferred by general law on mayors of
towns not inconsistent with the charter. He shall be, ex officio, a conserva-
tor of the peace within the town and within one mile of the corporate
limits thereof, and shall, when so provided by the council, have jurisdiction
to try all violations of the town ordinances, subject to an appeal to the
Circuit Court of Greensville County, and inflict such punishment and impose
such fines as may be prescribed for a violation of the same. He shall, in
the evént that jurisdiction to try such violations is conferred upon him
by the council, have power to issue executions for all fines and costs
imposed by him, or he may require an immediate payment thereof, and in
default of such payments he may commit the party in default to the town
jail or the jail of Greensville County until the fine and costs shall be paid,
but the term of imprisonment shall not exceed twelve months. The mayor
shall possess all the jurisdiction and exercise all power and authority of
a justice of the peace in civil and criminal cases within the aforesaid
limits. He shall see that peace and order are preserved and that persons
and property within the town are protected. He shall authenticate by his
signature such documents and instruments as the council, this charter, or
the laws of the State require, and he shall from time to time recommend to
the council such measures as he may deem needful for the welfare of the
town; provided, however, that the council may appoint a police justice
for the town, who shall be a qualified voter of the town and shall serve
during the pleasure of the council. He shall, during such term as he shall
serve, have exclusive jurisdiction to try all violations of town ordinances,
and the same jurisdiction in criminal cases as is conferred by law on police
justices of cities, and shall, before entering upon the discharge of his
duties, qualify as such police justices are required to qualify, and he shall
receive such compensation as may be provided by council. Provided,
however, that should the council not confer jurisdiction upon the mayor
to try violations of town ordinances, or appoint a police justice, for that
purpose, then jurisdiction shall remain with the trial justice of Greensville
County, and such jurisdiction shall be exclusive, until such time as the
council may provide jurisdiction for the mayor or a police justice.

§ 7. Power and authority of council generally.—The council herein-
before created shall have full power and authority, except as herein other-
wise specifically provided, to exercise herein all the powers conferred upon
the town, and pass all laws and ordinances relating to its municipal affairs,
subject to the Constitution and general laws of the State and of this
charter, and shall have full and complete control of all fiscal and municipal
affairs of the said town and all of its real and personal properties, and
may from time to time amend, reamend and/or repeal any or all of the
said ordinances, for the proper regulation, management and government
of the town and may impose fines and penalties for the violation or non-
observance thereof.
§ 8. Term of elected officials in office when charter adopted; council
as a continuing body; vacancies on council_—The members who now con-
stitute the said council as well as-all other elected officers, shall continue
in Office until the first day of September, nineteen hundred and fifty-two,
and thereafter until their successors have been elected and qualified. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason or expiration of the term
of office or removal of the members of such body or any of them. Vacancies
in the council shall be filled within thirty days after any such vacancy
sian for the unexpired term by a majority vote of the remaining
members.

§ 9. Salary of mayor and councilmen.—The salary of the mayor of
the town, as now constituted or hereafter elected, if any be allowed by the
council, shall be fixed by the council but in no event to exceed eighteen
hundred dollars per annum. The councilmen, as now constituted or here-
after elected may receive a salary to be fixed by the said council, not to
exceed three hundred dollars per annum for each councilman. The salary
of the mayor and councilmen, if any, when fixed shall so continue until
changed by the council, and shall be payable out of the treasury of the
town in monthly installments.

§ 10. Salary of clerk and other officers.—The council shall fix the
salary of its clerk, and other officers, agents and employees as it may deem
appropriate.

§ 11. Procedural regulations; regular meetings; quorum; vote on
certain ordinances; appointment of councilmen as town sergeant, town
treasurer or town clerk.—The council shall by ordinance or resolution
adopt such rules as it may deem proper for the regulation of its proceed-
ings and shall meet at such times as may be prescribed by ordinance,
provided, however, that it shall hold at least one regular meeting each
month. A majority of the council shall constitute a quorum for the
transaction of business, but no ordinance or resolution shall be adopted
having for its object the levying of taxes or contracting a debt except by
a vote of two-thirds of the council. No member of the town council or
person who is elected to such office shall be eligible to appointment to the
office of town treasurer, town sergeant or town clerk during the period
for which he has been elected.

§ 12. Special meetings.—The mayor or any two members of the
council may call a special meeting of the council upon at least twelve hours
written notice of the time, place and purpose to each member, served
personally or left at his usual place of business or residence by the town
sergeant, and no business shall be transacted by the council in such special
meeting which has not been stated in the notice; provided, however, that
these provisions shall not apply when all members of the council attend
such meeting or waive notice thereof, nor shall it apply to an adjourned
session from a regular meeting.

§ 13. Access of public to council meetings and records.—The meet-
ing of the council shall be public unless the council by a recorded affirma-
tive vote of two-thirds of its members shall declare that the public welfare
demands an executive session of the council. Citizens may have access
to the minutes and records of the council at any reasonable time.

§ 14. Chairman pro tem.—The council shall, as soon as this charter
takes effect, elect from its membership a chairman pro tem who shall in
the absence or inability of the mayor to act, have all the powers and duties
of the mayor, and shall perform all of his functions. At the first meeting
of each new and succeeding council elected hereunder such chairman pro
tem shall be elected.

§ 15. Municipal elections.—The time of holding and the method of
conducting municipal elections shall conform to the general laws of the
State of Virginia. The next election is to be held on the second Tuesday
of June, nineteen hundred and fifty-two, and every two years thereafter.

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

§ 17. Oath required of officers.—All officers elected or appointed
under the provisions of this charter shall take the oath of office required
by general law before entering upon the discharge of his duties, and if
these requirements have not been complied with within thirty days after
the term of office shall have begun or after his appointment to fill a
vacancy, then such office shall be considered vacant.

18. Town clerk.—The town clerk shall be appointed by the council
to serve during the pleasure of the council. He shall attend the meetings
of the council and shall keep permanent records of its proceedings. He
shall be custodian of the town seal] and shall affix it to all documents and
instruments requiring the seal, and shall attest the same except as other-
wise provided by the council. He shall keep all papers, documents, and
records pertaining to the town, the custody of which is not otherwise
provided for by the charter or the council. He shall give notice to all
parties presenting petitions or communications to the council of the final
action of the council on such communications or petitions when so ordered
by the council. He shall give to the proper department or officials ample
notice of the expiration or termination of any franchise, contract or agree-
ments. He shall publish such reports and ordinances as the council is
required to publish, and such other records and ordinances as it may
direct. He shall, upon final passage, transmit to the proper department
or Officials copies of all ordinances or resolutions of the council relating
in any way to such departments or to the duties of such officials, and he
shall perform such other acts and duties as the council may, from time to
time, allow or require.

§ 19. Town treasurer.—There shall be elected by the electors of
the town at the regular election in June, nineteen hundrd and fifty-two
and every two years thereafter one town treasurer. The present treasurer
of the town shall continue to discharge the duties of the office until re-
moved by the council or until his successor shall have qualified. Any
vacancy in this office shall be promptly filled by the council. The treasurer
shall be the disbursing agent of the town and have the custody of all
money and all evidences of value belonging to the town or held in trust
by the town. He shall receive all money belonging to and received by the
town and keep correct accounts of all receipts from all sources and of all
expenditures of all departments. He shall collect all taxes and assess-
ments, water rents, and other charges belonging to and payable to the
town, and for that purpose he is hereby vested with powers similar to
those which are now or may hereafter be vested in county and city
treasurers for the collection of county, city and state taxes under the
general law. He shall keep, disburse and deposit all money or funds in
such maner and in such places as may be determined by ordinance or
the provisions of the law applicable thereto. He shall pay no money out
of the treasury, except in the manner prescribed by this Charter or by
ordinance or the general law. He shall perform such duties as are usually
incident to the office of commissioner of revenue in relation to the assess-
ment of property for town taxation and town license taxes and shall have
power to administer oaths in the performance of his official duties. He
shall make such reports and perform such other duties not inconsistent
with the office as may be required by this charter or by ordinance or
resolution of the council. The treasurer shall be paid such salary as may
be provided by the council, and before entering upon the duties of his
office shall execute a bond in such amount and with such security as the
council by ordinance may prescribe. The treasurer shall be subject to the
supervision of the council of the town and shall perform such other duties
not inconsistent with his office as may be required of him by the council.
He shall make all such reports as may be required by the council. .

§ 20. Assistants to treasurer for making collections.—The council
may, in its discretion, and if it deems necessary or convenient, appoint
some person or persons to assist the town treasurer in the collection of
all taxes and assessments, water rents, and other charges belonging to
and payable to the town, which person may be the town sergeant or the
town engineer. Before entering upon the discharge of his duties, such
person shall execute a bond in such amount and with such security as the
council by ordinance, may prescribe.

21. Town sergeant; assistant.—There shall be appointed by the
council a town sergeant who shall qualify and give bond in such amount
as the council may require. He shall be the head of the police force and
shall be vested with powers of a conservator of the peace, and shall have
the same powers and discharge the same duties as a sheriff within the
corporate limits of the town and to the distance of one mile beyond the
same. He shall perform such other duties as may be from time to time
prescribed by the council.

_ The council may also appoint an assistant to the town sergeant which
assistant shall be designated assistant chief of police.

§ 22. Town engineer.—There shall be appointed by the council a
town engineer who shall qualify and give bond in such amount as the
council may require. He shall have such duties in reference to streets and
sidewalks, the sewer system and the water system as may be vested in
him by the council. He shall perform such other duties as may be required
of him by the council. Pursuant to Section 5 of this Charter, the town
engineer and the town manager may be one and the same person if the
council deem it expedient.

§ 23. Lien on real estate for taxes, etc.; procedure for collection of
taxes, etc.; other remedies.—A lien shall exist on all real estate within the
corporate limits for taxes, levies and assessments in favor of the town,
assessed thereon from the commencement of the year for which the same
were assessed. The procedure for collecting such taxes, levies and assess-
ments and for selling real estate for town taxes and for the redemption of
real estate sold for town taxes shall be the same as provided in the general
law of the State to the same extent as if the provisions of the general law
were herein set out at length. The town and the town treasurer shall have
the benefit of all other and additional remedies for the collection of town
taxes, levies and assessments which are now or hereafter may be granted
or permitted under the general law.

§ 24. Distraint and sale of goods and chattels for taxes, etc., due.—
All goods and chattels whatsoever found may be distrained and sold for
town taxes and licenses assessed due thereon. No deed of trust or mort-
gage upon goods and chattels shall prevent the same from being distrained
and sold for town taxes and licenses assessed against the grantor in such
deed while such goods and chattels remain in the grantor’s possession.

§ 25. Admission tax on admission to places of public amusement, etc.
—In addition to the other powers conferred by law, the town of Emporia
shall have the power to impose, levy and collect, in such manner as its
council shall deem expedient, an admission tax on admission to any
public amusement, entertainment, performance, exhibition, sport or ath-
letic event in the town and may provide that such tax may be added to
and collected with the price of admission or other charge for such amuse-
ment, entertainment, performance, exhibition, sport or athletic event.
Such tax may be imposed, levied and collected in multiples of one cent.

§ 26. Consumer or subscriber tax on public utility _services.—In
addition to the other powers conferred by law, the town of Emporia shall
have the power to impose, levy and collect, in such manner as its council
may deem expedient, a consumer or subscriber tax upon the amount paid
for the use of water, gas, electricity, telephone, and any other public utility
service within the town, or upon the amount paid for any one or more of
such public utility services, and may provide that such tax shall be added
to and collected with bills rendered consumers and subscribers for such
services.

§ 27. Taxes or licenses may be required of trades, businesses, etce.—
The town council may levy a tax or a license on any person, firm, or cor-
poration pursuing or conducting any trade, business, profession, occupa-
tion, employment or calling whatsoever within the boundaries of the town,
whether a license may be required therefor by the State or not and may
exceed the State license, if any be required, except when prohibited by
general law. The council may subject any person, firm or corporation,
who, without having obtained a license therefor, shall do any act or follow
any business, occupation, vocation, pursuit, or calling in the town for
which a license may be required by ordinance, to such fine or penalty as
it has authority to impose for any violation of its laws.

§ 28. Audit of accounts.—Upon the death, resignation, removal or
expiration of the term of any officer of the town, the council may order
an audit and investigation to be made of the accounts of such officers and
report to be made to the council as soon as practicable. After the close of
each fiscal year an annual audit shall be made 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 em-
ployees. The council may at any time provide for an examination or audit
of the accounts of any officer or department of the town government.

§ 29. Subdivision; acceptance of street prerequisite to responsibilty
of town.—Every owner or proprietor of any tract of land within this
town who may hereafter subdivide the same into three or more parts for
the purpose of creating a subdivision shall conform to the general laws of
the State in the preparation of the plat, laying out and dedication of
streets, alleys, and lanes, and recordation thereof, except as herein other-
wise provided, but in no event shall the town be held responsible for the
upkeep of any street, alley or lane, or for any accidents which may occur
upon such streets, alleys, or lanes until after the dedication of such
streets, alleys, or lanes shall have been accepted by or declared by ordi-
nance of the town council.

§ 30. Bonds, notes, etc.—Bonds, notes, and other evidences of in-
debtedness may be issued by the town for such purposes and in such
manner as are prescribed by § 15-591 to 15-600, Code of Virginia, 1950,
the Constitution, or any other general statute on the subject of bond
issues by towns or the issue of other municipal securities, provided the
town shall not be required to submit to the electors thereof any ordinance
authorizing the issue of revenue producing bonds to a maximum of one
hundred thousand dollars, provided further that this section shall not be
construed to contravene the provisions of § 127 of the Constitution.

§ 31. Sinking funds.—(a) There shall be set apart annually from
the revenues of the town a sinking fund sufficient in amount, to be invested
as hereinafter set forth, to pay the outstanding indebtedness of the town
as it matures and which by its terms is not payable in one year. The
council may in its discretion annually from time to time, set aside such
additional sinking funds as may be deemed proper.

(b) When taxes on real and personal property, and water rents, are
collected for the year the town treasurer shall take therefrom the neces-
sary amount and any additional sum, if any, so set apart, and deposit the
same in a separate account to the credit of the sinking fund in such bank
or banks as the council may designate.

(c) All sinking funds shall be used exclusively in the payment or
purchase and redemption of the outstanding bonds of the town, and when
such sinking funds are not required or may not within a reasonable time
be required for payment of any bond of the town, or cannot be used to
advantage in the purchase and redemption of any bonds of the town,
which may be outstanding, the same shall be securely invested in interest
bearing municipal, state or government bonds or invested in any securities
approved by the general laws of the State for the investment of such funds,
or deposited in a bank on a reasonable rate of interest. Such sinking fund
may be used in the payment or purchase and redemption of all bonds of the
town at the discretion of the council.

(d) The town council shall act as the sinking fund commission and
shall provide for the investment, deposit and application of the funds in
conformity to the provisions of this charter; and it may require of any
bank or banks receiving on deposit its revenues or any of its sinking fund
a fidelity bond.

This section shall not be construed to apply to sinking funds for
purpose of the payment of bonds outstanding prior to the effective date
of this charter.

§ 32. Compensation for private property taken for public purposes.
—The town shall not take or use any private property for streets, high-
ways or any other public purposes without making just compensation for
the same, but where the town cannot obtain the title to property necessary
for such purposes, it may proceed to condemn the same in the mode pre-
scribed by the Constitution and general laws of the State.

33. Statement of claim prerequisite to maintenance of negligence
action against town.—No action shall be maintained against the town for
damages for any injury to any person or property or for wrongful death
alleged to have been sustained by reason of the negligence of the town or
any officer, agent, or employee thereof, unless a written statement by the
claimant, his agent or attorney, or the personal representative of any
decedent whose death is the result of the alleged negligence of the town,
its officers, agents, or employees, of the nature of the claim and the time
and place at which the injury is alleged to have occurred or to have been
received, shall have been filed with an attorney appointed by the council
for this purpose, or with the mayor of the town, within sixty days after
such cause of action shall have accrued, except that when the claimant is an
infant or non compos mentis, or the injured party dies within such
sixty days, such statement may be filed within one hundred and twenty
days. No officer, agent or employee of the town shall have authority to
waive such conditions precedent or any of them.

§ 34. Injunctions against town.—No order shall be made, and no
injunction shall be awarded, by any court or judge, to stay the proceedings
of the town in the prosecution of town works, unless it be manifest that
the town, its officers, agents or servants are transcending the authority
given by this act, and the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

§ 35. Property, books, etc., used by town officers, as property of
town.—All property, books, records and documents used by any town
officer in his office or pertaining to his duties shall be deemed the property
of said town, and the chief officer in charge of such office shall be re-
sponsible therefor. Any such officer or person made by this section
responsible for such property or the keeping of such books, records, docu-
ments, shall, within five days after the date of his resignation or removal
from office, as the case may be, deliver to the town clerk all property,
records and documents. Any such officer or person failing to deliver such
property, books, records, or documents, as required by this section, shal]
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished as the council may have by ordinance provided.

§ 36. Zoning.—All of the provisions of §§ 15-819 to 15-8438, both
inclusive, Code of Virginia, 1950, relative to zoning in cities and towns,
shall be applicable to the town of Emporia; provided, that the zoning com-
mission, provided for in § 15-824, Code of Virginia, 1950, shall be
appointed or elected by the council of the town of Emporia and not by the
Circuit Court of Greensville County; provided further, that the board of
zoning appeals, provided for in § 15-825, Code of Virginia, 1950, shall
be appointed or elected by the council of the town of Emporia and not by
the Circuit Court of Greensville County, which board of zoning appeals: so
appointed or elected may, in appropriate cases and subject to appropriate
conditions and safeguards, vary the application and terms of the zoning
ordinance of the town in harmony with the general purpose and intent
and in accordance with general or specific rules therein contained.

§ 37. Validity of contracts and obligations.—All contracts and obli-
gations heretofore duly made by the council of the town of Emporia, while
in office, not inconsistent with the charter of the town then existing, or
the Constitution, or the general laws of this State shall be, and are hereby
declared to be valid and legal. Contracts and obligations hereafter made
shall be consistent with this charter, the Constitution and the general laws
of the State.

§ 38. Continuation of ordinance.—All ordinances now in force in
the town not inconsistent with this charter shall be and remain in force
until altered, amended or repealed by the council of the said town.

39. Separability of parts of Charter.—If any clause, sentence,
paragraph, or part of this act, shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder of the said act, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which said judgment shall have
been rendered.

§ 40. Repeal of inconsistent acts and prior charter.—All acts and
parts of acts in conflict herewith, insofar as they affect the provisions of
this charter, are repealed to the extent of such conflict, and Chap 173
of the Acts of Assembly of 1897-1898, as amended, is repealed.

§ 41. Citation of Charter.—This act may for all purposes be re-
ferred to or cited as the Emporia Charter of nineteen hundred and
fifty-two.

§ 42. Term of town officers in office at adoption of Charter.—
Nothing herein contained shall in any way affect the respective terms of
office to which the present mayor, members of the town council, treasurer.
sergeant and clerk have been elected or appointed. The said officers shall
continue in office to the end of their present terms to which they have
already been elected at the election held on the second Tuesday in June,
nineteen hundred and fifty, or appointed, or until their successors have
been elected and qualified.