Chap. 40. An ACT to provide a charter for the town of Upperville, in Faug sier
county, Virginia. [S13 5.

Approved January 15, 1937

1. Be it enacted by the General Assembly of Virginia, as follo vs:
Section 1. That a part of the area of the county of Fauqt ier.
embraced within the boundaries described in section two hereof is
hereby incorporated as a town under the name and style of the towr.
of Unpperville. and the inhabitants within said boundaries shall heice-..
forth be a body corporate and politic, with all the powers and privileges
and subject to all the duties and obligations conferred and imposed
upon towns by general law, together with such modifications thereof
and additions thereto as are hereinafter set forth, subject to the
limitations hereafter contained.

Section 2. The corporate limits or boundaries of the town of
Upperville, in Fauquier county, Virginia, unless and until changed
in the manner prescribed by law, shall be as follows:

Beginning at a telephone pole in middle of old road to the Trappe,
thence south seventy east with Miss Nellie Gibson’s line crossing
Pantherskin creek at thirty-four poles a spring branch at sixty-eight
poles another spring branch at two hundred and thirty-nine poles,
across corner of Mrs. H. Ball, Mr. A. C. Reid, Smith and Brooks
in all two hundred and ninety-five and seventy-two one hundredths
poles to a locust in Peach’s line, thence with Peach south twenty west
ten poles to a corner street Ivy Hill cemetery, thence with Peach
south sixty-two and one-half east thirty-six and four-tenths poles a
corner of cemetery, thence with Peach south twenty-one west twenty-
two poles to corner of cemetery on route fifty, thence down road with
Peach south sixty-five east eighteen and fifty-six one-hundredths poles.
Thence across road and with Community house south twenty-three
and one-half west thirty and sixteen one-hundredths poles to Lawson,
thence with Lawson, Dulany and Debutts north seventy-nine west
two hundred and fifty-nine and six-tenths poles to middle of Dela-
plane road, thence down road with colored school lot north fifty-two east
eight poles and Costello north twenty-three east thirty-four and eight-
tenths poles to a corner of Mrs. Herwig’s lot, thence with Costello
north seventy west forty-four and seventy-two one-hundredths poles,
north twenty-two east six and eight-tenths poles, north sixty-nine
west forty-seven and two-tenths poles to middle of Carr road, thence
down road north forty-four east two and seventy-six one-hundredths
poles, thence north fifty west twenty-one poles to Glascock, thence
north thirty-three east thirty-six poles to an elm tree on bank of
Pantherskin creek, thence north forty-four east across creek, route
fifty and with Sloane fifteen poles to the beginning, containing one
hundred and seventy and three-tenths acres.

Section 3. The town of Upperville, in Virginia, shall have the
following powers and privileges, to the extent that they, or any of
them may not be prohibited by the Constitution or the general laws
of the Commonwealth of Virginia:

(a) To provide for the fiscal year, which shall begin on the first
day of July and end on the thirtieth day of June, unless and until
changed by ordinance.

(b) To raise annually, by taxes and assessments in said town, such
sums of money, in such manner as the council thereof shall deem
necessary or expedient for the use, benefit and purposes of said town,
in accordance with the Constitution of the United States, the Constitu-
tion of Virginia or the laws of the Commonwealth of Virginia.
(c) To fix or set, levy and collect taxes and assessment: on
persons and property.

(d) To impose, fix, or set, levy and collect a license tax, fe2 cr
assessment for the conduct, maintenance or operation of privil ges,
amusements, business, professions, occupations or callings; to ssve
a license or permit and collect charges, or fees therefor and to prurate
license fees or charges for the unexpired portion of the fiscal ‘ea’.

(e) To incur liabilities or debts, make contracts, borrow money
and execute or issue evidences of indebtedness, and have a common seal.

({) To expend the money of the town for all lawful purp)ses.

(g) To acquire by purchase, gift, devise, condemnation or o he:-
wise, property, real or personal, or any estate therein, within or without
the town, for the use and benefit thereof; and to hold, improve, sell,
lease, mortgage the same or any part thereof.

(h) To construct, maintain, regulate or operate public imp: ove-
ments of all kinds, including municipal and other buildings, gro ancls
and structures necessary or appropriate for the use and proper
operation of all the various departments of the town.

(i) To own, operate and maintain water works and to acqui’e :n
any lawful manner, in any county of the State or from the U uited
States government such water, lands, property rights and ripirien
rights as the council of said town may deem necessary for thie
purposes of providing an adequate water supply to said town ard otf
piping or conducting the same; to lay all necessary mains and se rvice
lines within or without the corporate limits of said town; to ereci ard
maintain all necessary dams, pumping stations and other worls on
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 pcwers
and sanitary patrol over all lands comprised within the limits of
the water shed tributary to any such water supply, wherever such
lands may be located in this State to impose and enforce ade uate
penalties for the violation of any such rules and regulations ard to
prevent by injunction any pollution or threatened pollution of such
water supply, and any and all acts likely to impair the purity the ‘eol ;
and to carry out the powers herein granted, the said town may ext rcise
within the State all powers of eminent domain provided by the laws
of this State.

(j) To acquire, construct, own, operate or maintain electric ligat
or gas works; either within or without the corporate limits of said
town, and to supply gas or electricity, whether the same be gene -ated
or purchased by said town, to the customers or consumers, both v ithin
and without the corporate limits of said town, at such price and upon
such terms as may be prescribed and to that end, it may contrect to
purchase electricity or gas from the owners thereof upon such ‘errs
as it may deem necessary or expedient.

(k) To establish, impose, and enforce the collection of water, light,
gas and sewerage rates, and rates and charges for other ser vices,
products, or conveniences operated or furnished by the town. and
E. Ss. 1936-7] ACTS OF ASSEMBLY 99

the said council may prescribe a different rate to be paid for such
services and conveniences rendered to users or customers without the
corporate limits from the charges made to those within the corporate
limits of said town.

(1) To establish, enter, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle or clean public streets, highways,
alleys, parkways or parks or to alter or close the same; to regulate
the weight of loads to be hauled or carried over and upon the streets;
to regulate the use of all such highways, parks, streets, alleys, parkways
and public grounds; to prevent the obstruction, destruction or injury
to any of such streets, alleys or highways; to regulate the operation
and speed of all cars, motorcycles, bicycles or vehicles upon said streets
or highways; to permit or prohibit poles or wires for electric, tele-
phone or telegraph purposes to be erected or gas lines to be laid in
the streets or alleys, and to prescribe and collect an annual charge for
such privileges hereafter granted; to require the owner or lessee
of any electric light, telephone or telegraph pole or poles or wires now
in use or hereafter erected to change the location or remove the same.

(m) To acquire by gift, purchase, or by the exercise of the
power of eminent domain within this State, land or any interest or
estate in lands, rock quarries, gravel pits, sand pits, water or water
rights, and the necessary roadways thereto, either within or without
the town, or acquire and install machinery and equipment and build
the necessary roads and tramways thereto, and operate the same for
the purpose of producing materials required for any and all purposes
of said town.

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

(o) To grant franchises for public utilities, subject to the provisions
of the Constitution and general laws of the Commonwealth of Virginia.

(p) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or other plants
for the utilization:or destruction of any or all of said materials,
to contract, regulate and collect for the disposal thereof, and to require
or regulate the disposal thereof.

(q) To compel the abatement of nuisances within the town, or
upon property owned by the town beyond its limits at the expense
of the person, persons, corporations or firms causing the same, or of
the owner or occupant of the grounds or premises whereon the same
may be, and to collect said expense by suit or motion, or by distress
and sale; to require all lands, lots or other premises within the town
to be kept clean, sanitary or free from stagnant water, weeds, filth,
or unsightly deposits, or to make them so at the expense of the ov ners
or occupants thereof, and to collect said expense by suit or mpticn
or by distress and sale; to regulate or prevent slaughter houses or other
noisome or offensive business within the said town, the keeping of 10gs,
or other animals, poultry or other fowl therein, or the exercise of ary
dangerous or unwholesome business, trade or employment thereoi; +o
regulate the transportation of all articles through the streets o: the
town; to compel the abatement of smoke and dust, and prevent un-
necessary noise, to regulate the location of stables and the me nner
in which they shall be constructed or kept; to regulate the loc: tioa,
construction, operation or maintenance of bill boards; to provide how,
when and under what conditions awnings may project over the streets
and sidewalks from buildings, and the manner in which sidewalks may
be used for advertising or display signs or merchandise; to gent rally
define, prohibit, abate, suppress, and prevent all things detrimental
to the health, morals, aesthetics, safety, convenience, or 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 or free from all weeds, filth, unsightly deposits, ice or «now.

(r) The council may, in its discretion, appoint a board of heal-:h
for the town and invest it with authority for the prompt and efficieat
performance of its duties.

(s) To inspect, test, measure or weigh any commodity or article
offered for use or consumption to persons within the town; and to
establish, regulate, license or inspect weights, meters or scales employed
or used within the town and charge and collect fees therefor.

(t) To prevent or extinguish fires, and to establish, regulate, and
control a fire department or division; to regulate the size, heigh*s,
materials and construction of buildings, fences, walls, retaining was
or other structures hereafter erected, in such manner as the pub ic
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 *o,
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, entertain-
ments or amusements.

(u) To charge and collect fees for permits to use public facilit:es
or for public service or privileges. Said town shall have the power
and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from
the rates for similar service to citizens within the corporate limits.

(v) To prevent any person having no visible means of support,
paupers or persons who may be dangerous to the peace, health or
safety of the town, from coming to said town from without the same ;
and also to expel therefrom any such person who has been in said town
less than one year.

(w) To provide, permit or prohibit the establishment of places
for interment of the dead in or near the town and regulate the same
and also those heretofore established and to provide in or near the
town lands to be used as burial places for the dead, providing land
for the same be secured; otherwise, to provide same as near as may
be to the town; to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of ground therein;
and to provide for the perpetual upkeep and care of any plot or
burial lot therein, the town is authorized to take and receive sums of
money by gift, bequest, or otherwise, to be kept invested and the
income therefrom used in and about the perpetual upkeep and care
of the said lot or plot for which the same donation, gift, or bequest
shall have been made.

(x) To exercise full police powers; establish and maintain a
department or division of police. |

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

(z) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals or similar shows or fairs, or
prohibit the holding of the same or any of them within the town.

(aa) To make and enforce ordinances appertaining to ardent
spirits, provided, however, that no such ordinances shall be in conflict
with any of the provisions of the Alcoholic Beverage Control Act
or of the general laws of the Commonwealth with respect to alcoholic
beverages.

(bb) To do all things whatsoever necessary, expedient or lawful
for promoting or maintaining the general welfare, comfort, education,
morals, peace, government, health, trade, commerce, or industries
of the town or its inhabitants.

(cc) To prescribe any penalty for the violation of any town
ordinance, rule or regulation, or of any provisions of this charter,
not exceeding five hundred dollars or one year imprisonment in jail
or both.

(dd) To prohibit or punish mischievous, wanton or malicious
lamage to school property, public property or private property.

(ee) To prohibit or punish minors frequently playing or loitering
n any public poolroom, billiard parlor or tenpin alley, and to punish
iny proprietor or agent thereof for permitting same.

(ff) To-pass and enforce all by-laws, rules, regulations and ordin-
inces which the town council may deem necessary for the government
yf the town, the management of its property, the conduct of its
ffairs, the peace, order, comfort, convenience, morals, health and
yrotection of its citizens or their property or do such other things,
\dopt any ordinance that may be necessary or proper to carry into
‘ull effect all power, authority, capacity or jurisdiction, which is or
hall be granted to or vested in said town, or in the council or officers
hereof, or which may be incident to a municipal corporation.

(gg) The town may maintain a suit to restrain by injunction
he violation of any ordinance, notwithstanding punishment may be
provided for the violation of such ordinance.

Section 4. Licenses may be imposed by ordinance and collectel
‘rom business, trades, professions or callings, and upon the persons,
Arms, associations or corporations engaged therein or offering to do
business within the boundaries of said town, whose principal office
‘s or is not located in said town, except when prohibited by generé.|
law, whether or not a license may be required therefor by the State,
and it may exceed the State license if any be required.

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

(b) Persons, firms or associations or corporations doing business
or attempting to do business, buying, delivering, exchanging or barte:’-
ing goods, wares, merchandise or commodities within the said town
without a written order, may be required to secure a license fron
the town, except when a license is prohibited by the Constitution or
the general laws of the Commonwealth of Virginia, whether or not a
license may be required therefor by the State and it may exceed thie
State license if any be required.

(c) It is the purpose of this section to give the council of this
town the power to assess, issue a license or permit on any or all
subjects within its jurisdiction not withheld from taxation by towns in
accordance with the Constitution and general laws of the Commonwealth
of Virginia.

Section 5. For every license issued or transferred under tt.s
charter, there may be prescribed by ordinance a charge or fee, not
in excess of seventy-five cents for issuing or fifty cents for transferring
the same, such charges or fees shall be collected and paid into tae
town treasury.

Section 6. A lien shall exist on all real estate within the corporete
limits for taxes, levies or assessments in favor of the town, levied o1
assessed thereon from the commencement of the year for which the
same was levied or assessed, and the procedure for collecting sz.1c
taxes for selling real estate for town taxes, levies or assessment:
and for the redemption of real estate sold for town taxes shall be the
same as provided in the general law of the State. The council o
said town shall have the benefit of all other and additional remedie:
for the collection of town taxes which are now, or may be hereaf:e
granted or permitted under the general law.

Section 7. The government of said town shall be vested in th
council, which shall be composed of a mayor and six members, e<.cl
of whom shall be electors of said town. They may qualify by takin,
the oath of office before any notary public or magistrate in Fauquie
county.

Section 8. The officers of said town, in addition to the mayo
and councilmen, shall be a treasurer, a clerk and a sergeant, whi
also shall be electors of the town.

Section 9. The council may, by ordinance, provide for such othe
officers, agents and employees as it may deem appropriate, prescribe
their duties and fix their compensation.

Section 10. The term of office of the treasurer, clerk and sergean
shall expire with that of the council by which each is chosen, and _ the
office of treasurer and clerk may be filled by the same person.

Section 11. The council shall fix the salaries of the mayor, council.
men, treasurer, clerk and sergeant, whose salaries shall not be
increased nor decreased during the term of office for which they shal
have been elected.

Section 12. The council may provide for an audit or audits of
the affairs of the town.

Section 13. The council shall, by ordinance, adopt such rules as
it may deem proper for the regulation of its proceedings and the time
of its meetings.

Section 14. The council may fine a member for disorderly be-
havior and with the concurrence of two-thirds vote of the council,
expel a member in accordance with the Constitution and general laws
of the Commonwealth of Virginia.

Section 15. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance nor resolution shall
be passed or adopted having for its object the levying of taxes or
contracting a debt except by a concurring vote of two-thirds of the
members of the council.

Section 16. All meetings of the council shall be public, unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of
he council; any citizen may have access to the minutes and records
of the council at any reasonable time.

Section 17. The council, in its discretion, and by proper ordinance,
may require the sergeant or any other officer of the town, instead
yf the treasurer, to collect the taxes and other revenues of the town and
yay the same over to the treasurer.

Section 18. The council, by ordinance, may create the office of
olice justice for the town and such police justice may, in so far as it
s not in conflict with the general laws of the State, relating to trial
ustices, be granted jurisdiction and powers similar to the jurisdiction
nd powers of police justice in cities of this State. The term of office
ft such police justice shall not be for a term beyond that of the council
y which he may be appointed.

Section 19. The council, by ordinance, may employ and empower
ne trial justice of Fauquier county with the same power and authority
is is by this charter conferred upon the mayor for the trial of criminal
cases.

Section’ 20. In addition to the taxes, assessments and levies here-
inbefore provided, the council of the said town may annually levy a
capitation tax of one dollar per head on every citizen of the town,
not exempt from taxation by State or National law, which shall be
collected in the same manner as other taxes.

Section 21. Requisites for voting in town elections shall be
-esidence in the State for one year and the town of Upperville thre:
consecutive months prior to such election, provided in the event a
election for bond issue or other purposes be held prior to tw)
months following the effective date of this act, any person who shall
have been a resident of this State for one year, and shall have been 4
resident within the boundary limits set out in section two, of this ac:,
for three consecutive months, shall be qualified to vote in said electiori.

Section 22. The council, by ordinance, may provide for the
employment of special police.

Section 23. The mayor shall be the chief executive officer of the
town and shall have the jurisdiction and authority of a justice of the
peace and shall have exclusive original jurisdiction for the trial cf
offenses arising under the ordinances of said town. He shall presice
at all meetings of the council. In the absence of the mayor, the clerk
shall act in his place and stead, but if both the mayor and clerk shall
be absent, the council may, by a majority vote, select one of its member's
to act as mayor pro tem. The mayor shall perform such other duties
consistent with his office as may be imposed by the council; he shall
have and exercise all powers and authority conferred by general law
on mayors of towns not inconsistent with this charter; he shall be
the official head of the town. In times of public danger or emergencies,
he 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. The mayor or person acting as mayor, shell
authenticate by his signature, such documents or instruments as thie
council, this charter, or the laws of the State, shall require.

Section 24. Election of mayor and councilmen shall be held on
the second Tuesday in June, nineteen hundred and thirty-seven, and
every second year thereafter, and they shall enter upon the duties of
their office the first day of September next succeeding their election.
Upon entering upon his duties each and every person elected shall
frst take the official oath required by law. The offices of mayor,
councilmen, treasurer and clerk shall be held, from the effective dete
of this act until September first, nineteen hundred and thirty-seven,
by the following named persons, Lewis A. Armistead, mayor; Fred
Gochnauer, Ernest R. Fleming, J. Shirley Kines, N. Berkley Bell,
Walter S. Costello, and Joseph G. Gibson, councilmen ; Harry B.
Triplett, treasurer; and Charles C. Kenny, clerk; all of whom ere
hereby vested with full power and authority as such officers during szid
period.
Section 25. Before entering upon his duty, each and every person
elected or appointed to office, may be required to execute a bond in
the penalty prescribed by ordinance.

Section 26. The town clerk shall be the clerk of the council;
shall attend all meetings thereof and shall keep a record of its proceed-
ings. He shall keep all papers, documents and records pertaining to
the town, the custody of which is not otherwise provided. He shall be
custodian of the town seal and shall affix it to all documents and instru-
ments requiring the seal and shall attest the same and shall perform
such other duties as are required by this charter, general law, or by
the council.

Section 27, The town sergeant shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town; he shall perform such duties as may be required of town
sergeants by the general law or such other duties not inconsistent
therewith or which may be required of him by ordinance or resolution
of the council.

Section 28. The treasurer shall receive all money belonging to
and received by the town and keep a correct account of all receipts
from all sources, and expenditures of all departments. He shall collect
all taxes, levies, license taxes, assessments, fees, water rents and other
charges belonging to and payable to the town and for that purpose,
he is hereby vested with any and all powers which are now or may
be hereafter vested in county and State treasurers, for the collection
of county, town and State taxes under the general law. He shall
keep and disburse all moneys or funds in such manner and in such
places as may be determined by ordinance or the provisions of law
applicable thereto. He shall pay no money out of the treasury except
in the manner prescribed by ordinance or general law; he shall perform
such duties as are usually incident to the office of commissioner of
revenue in relation to the assessment of property and the license taxes
and shall have power to administer oaths in the performance of his
official duties; and shall make such reports and perform such other
duties not inconsistent with the office as may be required by the mayor
or by ordinance or resolution of the council. The treasurer shall not
be entitled to any commission for handling the funds of the town,
but 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 surety as the council by ordinance may
prescribe. ,

Section 29. The council may provide that the premium on any
surety bond shall be paid by the town.

Section 30. The council may require the attendance of its officers,
agents or employees at its meetings and may further require reports
to be submitted.

Section 31. In all cases of a tie vote at any meeting of the council
or whenever the vote of the mayor is necessary to give validity to any
ordinance, resolution, contract or liability incurred, the mayor or
person presiding, shall cast the deciding vote.
Section 32. Vacancies in the office of mayor, councilmen or
recorder, may be filled for the unexpired term by a majority vote of
the remaining members of the council.

Section 33. The person acting as mayor pro tem shall be entitlec.
to vote at any meeting over which he is elected to preside.

Section 34. All fees, costs or charges for making arrests or trying’
cases involving violations of town ordinances shall be assessed anc.
forthwith paid into the town treasury.

Section 35. The enumeration of particular powers and authority
in this charter shall not be deemed nor held to be exclusive but im
addition to the powers herein enumerated, implied hereby or appropriate
to the exercise thereof, the said town shall have and may exercise al}
other powers which are now or may be hereafter conferred upon or
enjoyed by towns under the Constitution and general laws of this State.

Section 36. Subject to the provisions of the Constitution and the
general laws of this State, and the terms of this charter to gran:
franchises, the town of Upperville shall have the right and power
to grant franchises to public utilities, persons, firms and corporations.

Section 36-a. The area embraced within the corporate limits herein
provided for the town of Upperville having heretofore been created
a sanitary district in accordance with the laws of this State, it 15
hereby expressly provided that the powers conferred by law upon
the board of supervisors of the county of Fauquier with respect to
said area as a sanitary district are hereby transferred to and vested
in the council of the town of Upperville, and such powers may b:2
exercised by said council in addition to any and all other powers
hereby vested in said council.

Section 37. 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, order or decree shall not
affect, impair or invalidate the remainder of 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,
order or decree shall have been rendered.

2. An emergency existing, this act shall be in force from its
passage.