An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 210.—An ACT incorporating the town of Barton Heights, in Henrico
county.
Approved January 30, 1896.
1. Be it enacted by the general assembly of Virginia, That all the
territory in the county of Henrico contained within the following
limits, viz.: Beginning at the northwest corner of plan of Barton
Heights; thence east along north side of Wickham street to the west
line of North avenue; thence north along west line of North avenue
to a point opposite the north line of plan of Barton Heights; thence
east to west line of Henrico turnpike; thenée southwardly along
Henrico turnpike to the south line of the property of Mistress Jose-
phine Kann; thence west to the east line of Summit avenue; thence
south to south line of Fritz street; thence west to west line of Mitch-
ell street; thence north to north line of cemetery; thence west to the
east line of North avenue; thence soutb to the south line of alley
through blocks forty-one, two and one; thence west along said alley
to the west line of Luck street; thence north to south line of alley
running south of blocks sixteen and seventeen; thence west to west
live of the plan of Barton Heights; thence north to point of begin-
ning—shall constitute the town of Barton Heights, and the inhabi-
‘ants within the said boundaries, and their successors, shall be a cor-
poration under the name and style of the town of Barton Heights;
and the forty-fourth and forty-sixth chapters of the code of Virginia,
edition of eighteen hundred and eighty-seven and amendatory acts
thereof, as far as consistent with this act, shall be applicable to said
OWN.
2. The officers of said town shall consist of a mayor, to be. elected
every two years, a council of six members (any four of whom shall
constitute a quorum to transact business), a sergeant, who shall be
appointed by the council every two years, and such other officers as the
council may think necessary. The said council shall hold their of-
fices for four years, except as provided in article five of this act, and
three councilmen shall be elected every two years. The said council
shall have power to pass all by-laws and ordinances for the govern-
ment of said town that they may deem proper, and to prescribe pen-
altiea for the violation of the same, not exceeding fifty dollars for
any one offence, and may subject the parent of any minor for any such
offence committed by said minor. All such fines or penalties may
be prosecuted and recovered, with costs, in the name of said town.
The council shall have all the powers conferred by sections ten hun-
dred and thirty, ten hundred and thirty-two, ten hundred and thirty-
five, ten hundred and thirty-eight, and ten hundred and forty-two of
the code of Virginia (eighteen hundred and eighty-seven), and by
the other general statutes of this state except so far as may,be other-
wise provided in this and other sections of the charter of said town.
The said council shall have the power to provide for keeping its
streets, sidewalks and alleys in order, for paving the same, for wide-
ning and altering or closing the same, for draining the said town ; to
provide the necessary facilities for the supply of water and light,
and to provide for all other necessary improvements; but the said
council shall not have authority to pave any streets sidewalks, or
alleys, or to order the same to be paved, at the expense of the adjoin-
ing property owners without their consent. And for the purpose of
paying the necessary expense of said town, including any appropria-
tion for the schools hereinafter mentioned, the said council shall
have power to levy such a tax on all the taxable property in said
town as they may deem proper, not exceeding seventy-five cents on
one hundred dollars in any one year. The citizens and property of
said town are hereby exempted from the payment of one-half of the
county levy and from the payment of the county poll-tax: provided
that the county levy of Heurico shal! be considered to include, as it
now does, the road taxes and poor rates: provided, further, that the
said town shall, at its own expense, provide for its own poor and keep
its streeta and roads in order: provided, further, that the citizens
and property of said town shall be exempted from the payment of
any special road tax which may hereafter be levied by said county.
The council may, out of its annual revenues, make such appropria-
tions as it it may deem proper to aid in carrying on the public schools
in said town.
3. The mayor of said town shall have no vote in the meetings
of the council except in cases of a tie, when he shall cast the deciding
vote; and the said council shall select from their number a presi-
dent pro tempore, who shall preside over their meetings in the
absence of the mayor, and while so presiding, or during the absence,
sickness or other disability of the mayor, shall exercise all the
powers of the mayor. The council may be convened at any time
upon the call of the mayor or any four members. The mayor of
said town is hereby invested with the powers conferred on bim
by section ten hundred and thirty-three of the code of Virginia, as
amended and re-enacted by an act of the general assembly approved
March three, eighteen hundred and ninety-four, except that the
jurisdiction of the mayor shall not extend outside the corporation
limits of said town; and it is hereby made the duty of said mayor,
acting as a justice of the peace, as provided by said section ten hun-
dred and thirty-three of the code of Virginia, as amended by acts of
general assembly approved March three, eighteen hundred and nine-
ty-four, to suppress all disturbances, riots, and disorderly conduct
within the bounds of said town, and, the more effectually to do this,
he is hereby clothed with power to appoint such special police force
as he may deem necessary.
4. The sergeant of said town shall be a conservator of the peace,
and for that purpose shall be vested with all the powers of a con-
stable within the corporate limits of said town and to the distance
of one mile beyond, and shall have power to arrest offenders any-
where within the county of Henrico for offences committed within
said town, and convey any person to the jail, who may be ordered by
the mayor to be committed, charged with any offence against this
commonwealth, there to be dealt with as if committed by a justice of
the peace, and shall be entitled to the same compensation as a
constable would be for like service. He shall have control of the
police force, whether regular or special. He shall, unless otherwise
provided by the council, collect the town taxes and all fines imposed
for the violation of the by-laws or ordinances of said town, and for
this purpose shall be clothed with like powers to enforce the same as
a sheriff or constable now has. He shall also perform such other
ministerial duties as may be imposed upon him by said council, and
for his services shall receive a reasonable compensation, to be fixed
by the council. Until the said town shall erect a jail of its own it is
hereby authorized to use the jail of Henrico county, provided that for
offences committed against the ordinances of the town the said town
shall pay for their maintenance whilst confined in the jail of the
county. The said sergeant shall give bond, payable to the town
of Barton Heights, with good security, to be approved by council
of said town, in a penalty of not less than one thousand dollars nor
more than three thousand dollars, conditional for the faithful dis-
charge of the duties of his office. The said sergeant shall turn over
tothe treasurer of the county of Henrico, on or before the end of
every month, all taxes collected by him, which the county treasurer
will receive and disburse upon the order of said council, and said
treasurer shall receive as compensation for same an amount equal to
the amount received by him for disbursing the state school fund;
and the county treasurer shall keep a separate account of the funds
of said town.
ARTICLE II.
5. Be it further enacted, That any person applying to the county
court of Henrico for license to sell spirituous liquors, wine, beer, ale,
or porter, or any mixture thereof, within the corporate limits of the
town of Barton Heights shall produce before the court of said county
a certificate, signed by a majority of registered voters of said town,
to the effect that the applicant is a suitable person and that no good
reason is known why the license should not be granted.
ARTICLE ITI.
6. Be it further enacted, That said council shall have authority to
acquire, by purchase or condemnation, all real estate and rights of
way that may be necessary for the purpose of erecting suitable town
buildings, streets, alleys, and sewerage outlets, and to purchase all
such apparatus, carts, wagons, fire engines, or other machines as may
be necessary for its purposes.
ARTICLE IV.
7. Be it further enacted, That it shall be lawful for the council of
said town to borrow a sum of money, not exceeding the sum of
twenty-five thousand dollars, to be expended by said council in the
exercise of the powers conferred upon them in this charter; pro-
vided, however, that the bonds issued for such money shall not be
made payable within less than thirty years from their date, and that
it ahall he the dntweof therconncil to nrovide a sinking ‘fund anfh:-
cient to pay off said bonds at their maturity; provided, further, tha
said council shall not have authority to borrow said sum of money
or any part thereof, until the expediency of said loan shall be sub.
mitted to a vote of the voters of said town, at an election to be held
for that purpose, at such time as said council may adopt, and decidec
upon by a majority of the registered voters of said town.
ARTICLE V.
8. Be it further enacted, That W. R. Jones shall be mayor of saic
town until July first, eighteen hundred and ninety-seven, at which
time his successor, chosen at the spring election of eighteen hun.
dred and ninety-seven, shall qualify; and that T. Crawford Redd.
Charles Goodloe, and George A. Minor shall conatitute three of said
council of said town until July first, eighteen hundred and ninety-
seven, at which time their successors, chosen at the spring election
of eighteen hundred and ninety-seven, shall qualify; and W. T.
Hoopes, P. F. Duggan, and E. H. Smith shall constitute three of said
council of said town until July first, eighteen hundred and ninety-
nine, at which time their successors, chosen at the spring election
of eighteen hundred and ninety-nine, shall qualify.
9. All acts or parts of acts in conflict with this charter are hereby
repealed.
10. This act shall be in force from its passage.