Chap. 190.—An ACT to provide a new charter for the town of Pulaski.
Approved February 2, 1898.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory embraced and contained in the folowing boundaries, namely: Begin-
ning at the west end of the fifth bridge on the Norfolk and Western rail-
road west of the Bertha zine works and running thenee due north one-
fourth of a mile; thence due east to a line of the Bertha mineral com-
pany north of said railroad; thence a northerly direction following the
said lands of the Bertha mineral company to Pond Lick branch; thence
down Pond Lick branch to Tract Fork or Peak creck, and Across said
creek to the nearest point on the line of the lands of the Pulaski land
and improvement company; thence along the western and northern
boundary of the same to a point where the said boundary line intersects
the Robinson tract road; thence a straight line to the northwest corner
of Oak Wood cemetery; thence along the northern and eastern bound-
aries of said cemetery to the southeast corner of the same; thence con-
tinuing the same course of the east boundary of Oak Wood cemetery
to Brooke avenue, and down Brooke avenue and passing north of J.C.
Wrysor’s garden to the west side of the Alum springs road; thence a
south course along the west side of Alum springs road to the point
where the same intersects with the Pepper's ferry road; thenee crossing
said roads to the nearest point on the line of the lands of the Pulaski
Iron company; thence an easterly course with the northern boundary of
the said Pulaski iron company land to where the same touches the
northwest corner of the lands belonging to, or which formerly belonged
to, the Lake spring land and improvement company; thence along the
south side of the Pepper’s ferry road to the corner of the Macgill Jand;

thence with the line of said Macgill land to the point where the same
touches the line of land of the Lake spring land and i Iniprovement com-
pany; thence with the boundary of the said Lake spring land and im-
provement company tract of land to the line of the Dora furnace (for-
merly Pulaski development company’s) land; thence westerly along the
property line of the Dora furnace company to a point which is the
corner to the Dora furnace company’s and Lake spring land and improve-
ment company’s lands; thence southerly along the land of the Dora
furnace company to a point in the centre of third street; thence westerly
along the centre of third street to a point in the centre of union avenue;

thence southerly along the centre of union avenue to a point in the line
of the Litchfield land: thence easterly along the line of the said Litch-
field Jands to a point in the line of the lands of the Dora furnace com-
pany; thence southerly alone the line of the Dora furnace company
land to the southeast corner of the Lake spring land and improvement
company ; thence around the south and western boundarics of the Lake
spring land and improvement company to the lands of the Martin land
and improvement company; thence along the south boundary of the
same to the southwest corner of the same; thence due west toa point due
south from the point of beginning; and thence due north to the place
of beginning; all the said territory being in the county of Pulaski shall
be deemed and taken as the town of “Pulaski: and the inhabitants of
said town of Pulaski, for all purposes for which towns are incorporated
in this commonw ealth, shall continue to be one body politic, in fact and
in name, under the name and style of the town of Pulaski, and as such
shall have, exercise, and enjoy all the rights, powers, and privileges and
immunities conferred upon towns as municipal corporations by the gen-
eral laws of this commonwealth and by the terms of this charter.
2. The officers of said town shall consist of a mayor and six council-
men, who shall be elected as hereinafter provided. The council of said
town mn: iv elect a sergeant and such other officers as the council shall
deem proper and necessary, and the terms of the officers elected by the
council shall be such as the council may prescribe. The council shall
have power and authority to pass and ordain such by-laws and ordi-
nances for the government of said town as the council sball deem neces-
sarv: provided, the same are not in conflict with the constitution of this
state or that of the United States. The mayor and four members of the
council, or in the absence of the mavor, tive members of the council,
one of whom shall act as chairman, shall constitute a quorum for the
transaction of business.

3. An election for mayor and councilmen shall be held on the fourth
Thursday in May, eighteen hundred and ninety-eight, and every two
vears thereafter. The officers so elected shall begin their term of office
on the first day of July sueceeding their election, and shall hold their
term of office for two years, or until their successors are elected and
qualified. If any vacancy occur in the office of mayor or in the coun-
cil the same shall be filled by the council. But the present incumbent
in the office of mavor and the members of the council shall continue in
office and exercise all the powers conferred by this charter until the first
day of July, eighteen hundred and ninety-eight, or until their suc-
eessors are duly elected and qualified. No citizen shall be eligible to
membership as a councilman unless he is a freeholder.

4, Any person entitled to vote in Pulaski county and residing within
the corporate limits of the town of Pulaski three months next preceding
any election, shall be entitled to vote at all elections under this act of
Incorporation, ‘The mayor shall cause ten days’ notice to be given of all
elections by posting notices at three or more places in said corporation.
The mayor, with the consent and approval of the council, shall appoint
three qualified voters, who shall preside as Judges at corporation elections,
who shall have the right to appoint two clerks of elections, as well as
to decide the right of any individual to vote at such elections, and shall
hold said election between sunrise and sunset of the day on which said
election shall be held.

5. The council of said town shall have and exercise all the powers
vested by chapter forty-four of the code of Virginia, and other general
statutes of this commonwealth now in force in a municipal corporation
of like character, and such other powers as are granted by this charter;
and the said council may, after first paying a just compensation therefor,
take such private prope rty within the town as may be necessary for lay-
ing out walks, streets, and allevs, widening, altering, or improving the
same, and for other municipal purposes. The method of ascertaining
what will be a just compensation for private property thus taken shall
be as follows: After reasonable notice in writing by the clerk of the
council to the owner of the freehold whose property is proposed to be
taken, or to his tenant or agent, the mayor of the town shall, at the
time and place mentioned in said notice, proceed to appoint two free-
holders of the town as commissioners, one of whom may be nominated
by the owner of the freehold, or by his tenant or agent, if either be
present, whose duty it shall be to view the property proposed to he
taken, and ascertain what will bea just compensation therefor, and the

damages to the residue of such owner’s property beyond the peculiar
benefits to be derived in respect to such residue from the work to be
done. The said commissioners, if they cannot agree, may select a third
freeholder as commissioner to act with them, and sh: all, as svon as pos-
sible, report their proceedings to the council. When such report has
been returned, the council may, by a vote of the majority of its mem-
bers, either reject or accept said report. If the report be rejected, the
council may refer the matter to another commission, appointed in the
same way and for the same purpose as the first. If the report be con-
firmed, the amount ascertained by it to be a just compensation for the
prope rty shall be paid to those entitled thereto before work shall be
begun on or through said property.

G. The corporate limits of the said town are herchy created and de-
clared to be a separate and distinct road district of Pulaski county, and
no road tax shall be levied on any person or property within said limits,
except by the council of the town of Pulaski, which tax so levied by the
council shall be expended within the limits of the corporation on the
streets and roads therein under the direction and supervision of the said
counc sil.

. The town of Pulaski shall not have outstanding and in force at any
one a time its bonds of any description in an amount excceding eight per
centum of the assessed value of the real and personal property in said
town.

8. Without limiting or affecting the powers heretofore given, the said
council shall have the power to prohibit by ordinances or by laws within

said town any misdemeanor prohibited by the laws of this common-
wealth, and enforce said ordinances or by-laws by a penalty or penalties
not exceeding the penalties fixed by the laws of the commonwealth for
like offences, said penalty or penalties, whether by fine or imprisonment,
to be for the use and benefit of said town of Pul: aski, and shall have
power to alter, amend or repeal any by-law or ordinance, and to remit
any fine or corporation taxes that may to the council seem proper to be
remitted,

9. The said council may establish a chain-gang, and require offenders
under sentence for violation of the laws and ordinances of said town to
work therein on the public streets, roads or public buildings of said
town, as provided under the general Jaw of the commonwealth.

10. To determine and designate the route and grade of any railroad
to be laid out in said town, “and to restrain and revulate the rate of
speed of locomotive engines and cars upon the railroads within said
town.

11. To prevent horses, hogs and other animals from running at large
in said town, and to subject the same to regulations and contiscations
and taxes as they may deem proper, and to prevent the throwing of
stones, balls, snowballs, playing of marbles, or other sports or employ:
inents on the streets or alleys of said town which may seem dangerous
or annoying to citizens or passengers of gaid strects and alleys, as well
as to punish the abuse and cruel treatment of horses or other animals
in said town, and toarrest and punish drunkards, beggars and vagrants;
to arrest and punish persons for using profane language in said town;
to prevent vice and immorality; to preserve the public peace and good
order; to prevent and quell riots, disturbances and disorderly assem-
hlages; to prevent boys and others from jumping on moving trains in
said town; to suppress houses of ill-fame and gaming houses; to pre-
vent and punish lewd and indecent conduct and exhibitions in said
town; and for any violation of any such ordinances may impose fines
in addition to these prescribed by the laws of the state.

12. To establish and enlarge water-works, electric-light or gas-works
within the limits of said town; to contract with the owners of any land
for the use and purchase thereof, or to have the same condemned ac-
cording to the provisions of section five of this act, for the location, ex-
tension, enlargement or Improvement of said works, the pipes con-
nected therewith, or any fixtures or appurtenances thereof; and shall
have jurisdic tion over and the power to protect from injury, by ordi-
nanee prescribing adequate penalties, the said works, pipes, fixtures and
land, or anything connected therewith, or works, fixtures and other ap-
purtenaners of water and gas companies and electric-light plants estab-
lished under its authority within the limits of said town; and in order
to establish any of the said plants the council may, in their discretion,
have power to execute and issue, negotiate and sell the bonds of said
town not to exceed the limit provided by section seven of this act, which
bonds shall not run exceeding thirty-four vears from the date of issue,
and shall bear interest not exceeding six per centum per annum; but no
such work shall be undertaken, or bonds issued for such purpose, ex-
eept upon the petition of freeholders, persons or corporations owning
property in said town, who represent at least three-fifths of the assessed
values of real estate within the corporate limits of said town.

13. The said council shall have the power to lay and levy a tax not
exceeding one dollar on the one hundred dollars’ value of all property,
real and personal, of the said town for the said purposes of said town
and in addition thereto a poll tax not exceeding one dollar on each male
citizen thereof, over twenty-one years of age; and the said town shall
have like powers of distress, levy, and sale for collection of such taxes
as are now given to the state ollicers for the collection of state taxes.

14. The council of the town shall have the power to regulate the
keeping of dogs within the town, and may, in order to do so, impose a
tax on each male dog of one dollar, and on each female dog a tax of
three dollars, found or kept within the limits of said town; said tax to be
paid on or before the first dav of July, eighteen hundred and ninety
eight, and on the same day of each succeeding year, and in case it 1s not so
paid the council shall have power to impose a fine of not less than one
nor more than five dollars upon the owner of a dog for the non-payment
of said tax, and in addition thereto, the mayor of the town shall order
the sergeant to kill every dog kept in the town for which the said tax has
not Le ‘en paid after the tifteenth day of July of each year.

The council shall have authority to adopt such rules and to ap-
noint such oflicers, committees, and clerks as it may deem proper for
the regulation of its proceedings and the convenient transaction of its
business. It shall keep a journal in which the clerk shall record the
proceedings of each session, and the same shall be properly indexed.
All resolutions and ordinances shall be recorded in a book to be called
the ordinance book, which shall be properly indexed. The council
shall fix the pay of ‘the mayor, sergeant, treasurer, and clerk, and any
other officers or employees of said town as they see fit.

16. It shall be the duty of the mayor to enforce the laws and_ ordi-

nances of the town and all orders and resolutions of the council. He
shall see that the duties of the various town ofjicers are faithfully per-
formed. He shall have power to investigate their acts and have access
to all books and documents in their office. He shall also have the right
to suspend any municipal officer elected by the council for misconduct
in office or neglect of duty, to be specified in the order of suspension.
Whenever the mayor shall suspend any such officer he shall report the
facts, with his reasons therefor, at a called or the next regular meeting,
and the council shall take such action in the case as it may deem proper,
by reinstating or removing such officer. In case of the absence or in-
ability of the mayor the council shall appoint one of its members act-
ing mayor, who shall possess the same powers and discharge the same
duties as are possessed and discharged by the mayor, during such ab-
sence or inability.

17. It shall be the duty of the mavor to communicate to the council
at the end of each fiscal year a general statement of the condition of
the town in relation to its government, finances and improvements, with
such recommendations as he may deem proper.

18. The treasurer, collector, and sergeant shall, before entering upon
the duties of their oftices, execute before the council of said town satis-
factory bonds in such sums as the council may prescribe. The bonds
of such officers shall be payable to the town of Pulaski and shall be
conditioned for the faithful performance of their respective duties.

19. All moneys belonging to the said town from taxes on persons and
property shall be paid to the collector, who shall at the end of each
month, make a settlement with the treasurer by paving over to him all
money coming into his hands from taxes during the said month, and
all moneys belonging to the said town from fines or other evidences of
debt shall be collected by the sergeant and paid over to the treasurer at
the end of each month, and no money shall be paid out by the town
treasurer, except as the same shall have been ordered to be paid by the
council; and the said treasurer shall pay the same only upon warrants
drawn upon him which are signed by the mavor and countersigned by
the clerk of the council. He shall keepa regular account with the town,
crediting it by all moneys received and charging it with all disbursed.
which books, as well as all others relating to business of the town, shall
be open to the Inspection of the mayor and of the couneil, or any member
thereof. He shall also keep a book in which shall be recistered all war-
rants presented, payment for which is refused for want of funds to meet
the same, giving the number of the warrant and the name of the holder,
and the warrants so registered shall be paid in the order in which they
are registered, when funds applicable thereto shall come into his hands,
except that the person to whom any warrant is made payable may use
the same in the payment of his taxes. Should the person to whom any
warrant is made payable be indebted to the town for taxes or otherwise,
then the said indebtedness shall be deducted therefrom. Te shall an-
nually, on the first day of June, settle his account with the council, or
a committee thereof, at which time he shall furnish a statement of all
moneys received by him during the preceding year, and of all disburse-
ments made, together with the warrants upon which said payments
were made, which warrants shall be inspected, and, uf approved, can-
celled by said council or comittee, as the case may be.

20. It shall be unlawful for any person without a state license so to do

sel] by retail or wholesale any spirituous or malt liquors, whiskey,
wine, ale or beer, or any mixture of them, within the corporate limits
of the town of Pulaski, or within one mile thereof, and any person
found guilty of such offence, upon trial duly had before the mayor or
some member of said council of said town, shall be fined not less than
one hundred dollars nor more than five hundred dollars, and may be
lprisoned until said fine and costs attending such trial are paid bv
labor in the chain-gang of said town or in cash, and for the purpose of
making this section effective in suppressing the illicit sale of intoxicating
drinks in the said town, the sergeant and any other officer of the said
town, who is conservator of the peace, are hereby empowered, when
they have just cause to suspect that any person is selling spirituous,
vinous or malt liquors within the said town in violation of this section,
to appear before the mayor of said town and make complaint on oath
that he has just cause to suspect and doth suspect that ——-
is selling spirituous, vinous or malt liquors within the said town in vio-
lution to the charter of said town and pray that the said
may be apprehended and held to answer the said complaint; and upon

said complaint being made to him, the said mayor shall forthwith issue

a warrant for the person complained of, reciting the charge and by whom
made, and upon the apprehension of the accused under said warrant,
the said mayor or member of council shall proceed to try him according
to law.

21. The mayor of said town, when he has reasonable cause to suspect
that any spirituous, vinous or malt liquors are being sold within the said
town, or within one mile of the corporate limits thereof, shall issue his
warrant requiring search to be made of the premises of the person sus-
pected for such liquors, and if any be found, require their seizure and
safe custody until the final order in the case; all the liquors so seized
shall be forfeited to the town of Pulaski, which may be disposed of by
the said town to the best advantage; but if the party from whom the
said liquors were seized is not found guilty, the liquor shall be restored to
him. Where a search warrant is issued under this section there shall
also be issued by said mavor or some member of said council a warrant
for the arrest of the suspected person or persons for the violation of this
charter, and upon a hearing, if it be found there is probable cause to
suspect. the person or persons guilty, he or they shall be required to
enter into bond, with sufficient surety, for their good behavior, condi-
tioned not to violate the local option or revenue laws of the state of Vir-
vinia within said town, or within one mile of the corporate lines thereof,
for a period of one vear, and should any one fail to give such bond when
required to do so, he may be sent to jail and there kept for a period not
exceeding ninety days.

22. There shall he a lien on the real estate in the town of Pulaski for
the taxes assessed thereon for the said town from the commencement of
he year for which they are assessed, and when any of the said taxcs are
eturned delinquent a list of the same shall be returned to the clerk of
he county court of Pulaski county and be by him entered in a book
urnished by the said town and kept in his said oflice, the form and
nannher of entering the same to be similar to that provided by law for
he record of delinquent taxes on real estate due the state. In said book
here shall also be columns in which shall be entered the names of the
vurchasers, the amount and date of sales of real estate sold for delin-
juent taxes, as provided in this charter. When the taxes are so re.
urned in said record, as herein provided, the same shall be held to be
‘onstructive notice of the lien thereof, and the said real estate shall be
iable thereto as against creditors and in the hands of purchasers o1
other persons into whose hands the said real estate may be sold for taxes,
as provided for in this charter, whether at the time it is owned by the
person against whom the taxes were charged or has been sold by hin
for them. After said real estate has been so sold for taxes the same may
be redeemed within such time and by such persons and upon such terms
as is provided by law for the redemption of Jands sold for state taxes
except that the money paid for such redemption shall be paid to the
collector of taxes of the town of Pulaski. Upon the redemption of saic
real estate the treasurer shall issue to the persons so redecming it a certifh
cate to that effect, which shall be presented to the clerk of the county
court, who shall thereupon mark in the said record the redemption o
said real estate, the name of the party redeeming it and the date thereof
The clerk shall receive for his services a fee of ten cents for each lot o
parcel of land so entered in said record, a fee of ten cents for the entry
of such sale of real estate, as is provided in this charter, and a fee o
twenty-five cents for each redemption so entered, to be paid by the tow
of Pulaski, and which shall be charged against and be a Jien upon gaic
land along with the taxes against the same. The purchaser of all sucl
delinquent lands shall take possession of the same directly upon payin
to the town collector the purchase money for the same, to have and t
hold until it is redeemed, as herein provided. At the expiration of thi
time within which said real estate may be redeemed, if the same ha
not been redeemed as herein provided, the mayor of the town of Pulask
shall execute to the pure taser thereof a deed conveying the same in lik
manner as is prescribed by law for the conveyvance of real estate by th
clerk of the county court which has been sold for delinquent taxes du
the state, and such deed shall convey such title as would be conveve:
had the same been sold for delinquent state taxes. And when an
property is offered for sale under the provisions of this seetion and on
one bids a sum sufficient to pay the taxes and charges thereon on ac
count of such sale the collector may buy the same in the name of th
town of Pulaski; and the said town mav have and exercise the sam
rights under such purchase as are provided in this section for individua
purchasers.

23. The county court of Pulaski, on the application of the council ¢
the town of Pulaski, through its mayor, may order real estate delinquen
for the non-payment of taxes to be sold by the collector of taxes for th
town at public auction for such, at such time as it may direct, said sal
and the advertisement thereof to be made in conformity,.8 near as ma
he, to the state law with reference to the sale of delinquent lands.
When such sale has been made the same, with the date thereof, the name
of the purchaser and the amount for which said real estate sold, shall
be entered by the county clerk in the record of delinquent real estate
provided for in section twenty-two of this act.

24. The council of the town of Pulaski may levy and cause to be col-
lected a license tax of not exceeding five dollars per day on all itinerant
salesmen who may offer their goods or wares for sale, barter or exchange
within the corporate limits of the said town of Pulaski.

25. The word “itinerant salesmen’? as used in the preceding section
shall be construed to mean any person traveling from place to place and
offering merchandise, manufactured articles or wares of any kind for
sale, cither from temporarily established places of business, or on the
streets, but shall in no wise be construed to mean salesmen who sell from
samples, with subsequent delivery of goods, or hucksters and venders
of country produce.

26. All lots in said town of Pulaski shall be listed for taxation by
both section and number.

27. All acts and parts of acts in conflict with this are hereby repealed.

28. This act shall be in force from its passage.