Chap. 56.—An ACT to provide a new charter for the town of Wytheville and
to repeal its present charter.

Approved February 26, 1910.

1 Be it enacted by the general assembly of Virginia, That the territory
in Wythe county included in the following boundaries shall constitute
the corporate limits of the town of Wytheville, Virginia, as defined by act
approved February twenty-sixth, eighteen hundred and ninety-six.

Beginning at a stone on the western side of Tazewell turnpike, near
William Huffard’s blacksmith shop; thence along his line with the
Caughlin and Peirce property north fifty and one-half degrees east nine
hundred and seventeen feet to the northeast corner of D. S. Peirce’s
property 5 thence south eighty-one degrees east, crossing the Wytheville

evelopment Company’s land, twenty-two hundred and fifty feet to a gate
post on the west side of a lane and a corner with Mistress Betty F. Ewald
and the said Wytheville Development Company; thence along the west
side of said lane south fifty and one-half degrees east nine hundred and
fifty-nine feet to a corner of the Wytheville Development Company with
the Moyer’s property; thence north sixty-two and one-half degrees east
seven hundred and fifty-nine feet, crossing Mistress Campbell’s land
and the Raleigh and Grayson turnpike, to the eastern side of the road
leading to the eastern cemetery and with C. J. Noel’s line; thence with
said line south fifty-one and one-quarter degrees east eight hundred
and eighty-three feet to the southeast corner of said cemetery and on RB.
A. Calfee’s line; thence north eighty-seven and three-quarter degrees east
seventeen hundred and sixty feet, crossing Calfee’s land and the S. W.
association land to.the upper northeast corner of the fair ground’s
stables; thence with the S. W. association line south four degrees east
ten hundred and fifteen feet to the southeast corner of the fair grounds;
thence south six degrees west five hundred and fifty-one feet to the east
side of McAdam road and intersection of old fair grounds road; thence
along the east side of McAdam road with meanders of the same south
fifty-two and one-half degrees east two hundred and twenty-two and five-
tenths feet south sixty-seven degrees forty-five minutes east four hun-
dred and ninety-seven feet, south fifty-one and one-half degrees east two
hundred and forty-one and thirty-eight five-tenths feet, south twenty-
four degrees forty-five minutes east five hundred and twenty-eight and
eight-tenths fect to a stone, a corner of old fair grounds; thence south
seventy-six degrees west fifty-five feet, crossing McAdam road to stake
on west side corner of Marshall street and Shrader; thence south thirty-
three degrees east thirteen hundred and sixty feet to northern line of
Norfolk and Western Railroad Company, and with said northern line
westwardlv south fifty-five and one-quarter degrees west six hundred and
ninety-one feet; thence south sixty-four degrees west four hundred and
eleven feet to cattle guard at Samuel Woolwine’s house; thence south
thirty-nine degrees west eleven hundred and thirty-two feet, crossing the
railruad to J. W. Caldwell’s southeast corner; thence south fifty-one
degrees west twenty-five hundred and fifty-four feet, crossing the Stuart
Crockett and Barrett land to a stone on James Williams’ line in the rear
of the Episcopal chapel; thence north eighty-one degrees west twenty-
one hundred and ninety-two feet to the southeast corner of Samuel
Smithers’ lot at the intersection of Twelfth street and Jackson street;
thence with the north line of Jackson street south sixty-two and one-half
degrees west eleven hundred and twenty feet to the west corner of the
Fulton proprty; thence south eighty-six degrees west thirteen hundred
and sixty feet to the southwest corner of Mrs. Nannie Brown’s property ;
thence north eighty and three-quarter degrees west fourteen hundred and
thirtv-eight feet to a stone, a corner of Doctor Leach, with south line of
Norfolk and Western Railroad Company and with said line south sixty-
three and one-quarter degrees west ten hundred and sixty-two feet to a
stone opposite the line of south Main and the Wytheville Development
Company, crossing the Norfolk and Western, and with said line north
thirtv-one and one-half degrees west twenty-eight hundred and twenty-
eight feet to the north side of Ridge street (extended); thence along
Ridge street north forty-six and three-quarter degrees east twenty-three
hundred and three feet to the intersection of the south side of the Mc-
Adam road; thence crossing the McAdam road at right angles north
fifteen and one-half degrees west nineteen hundred and eighty feet, cross-
ing Pine Ridge through the Wytheville Development Company’s land
to the north side of the Ridge Gap road, and with it north seventy-eight
and one-half degrees east seven hundred and sixty-three fect, crossing
Harkrader’s branch to a stone; thence crossing said Ridge Gap road
north fourteen degrees east eleven hundred and seventy-six fect to the
blacksmith shop at the beginning.

2. Officers.—The council of the town shall consist of one mayor and six
councilmen, who shall possess all the powers, exercise thie jurisdiction and
perform all the duties imposed by the general law of the State governing
towns.

The council of the town shall as soon after September first, nineteen
hundred and ten, as may be convenient, and each succeeding council shall,
at the beginning of the term of office of its members, or as soon there-
after as mav be convenient, elect a town sergeant, treasurer and town
clerk, who shall hold office during the term of the council electing, and
until their successors are duly elected and qualified.

3. Division of town into wards.—The town shall be divided into
two wards as follows: East ward consisting of all that portion of the
town lying east of what is known as Tazewell and Church streets; and
West ward consisting of all that portion of the town lying west of said
streets.

4. The election and qualification of officers—The mayor and coun-
cilmen shall be elected by the qualified voters of said town on the second
Tuesday in June, nineteen hundred and ten, and every two vears there-
after, and their term of office shall commence on the first day of Sep-
tember after their election. The three persons receiving the highest
number of vetes from each ward shall be declared elected councilmen for
said ward. All of said officers, and all officers appointed by the council
shall qualify (at the time) in the manner prescribed by law for the quali-
fication of officers elected by the people, before entering upon the duties
of their offices. And in addition, the mayor and all officers elected or
appointed by the council shall execute bond with approved security in
such penalty as may be prescribed by the council, which bonds shall be
approved by the council and so entered of record and the originals pre-
served by the clerk.

5. Salaries—The salaries of the mayor, sergeant, treasurer and town
clerk shall be fixed by the council, but the salary of the mayor shall not
exceed two hundred dollars per annum, and he shall not be required to
perform any other duties than those prescribed by the general law gov-
erring towns, and he shall receive no other compensation or emolument
whatever from the town; the salary of the sergeant shall not exceed six
hundred dollars per annum; the salary of the treasurer shall not exceed
eight hundred dollars per annum; and the salary of the town clerk shall
not exceed two hundred and fifty dollars per annum.

During the term of office of said sergeant, treasurer and town clerk,
they shall receive no other compensation for their services, nor shall the
incumbent of one office hold any other, or receive any other or further
compensation or emolument whatever by way of salary or otherwise from
the town, nor shall the salaries of the mayor, sergeant, treasurer and town
clerk be changed during their term of office, and they shall be made
payable at such periods as the council may ordain.

6. Council.—Each ward shall be represented by three councilmen
residing in their respective wards at the time of their election or appoint-
ment, but the removal of a councilman from one ward to another during
his term of office shall not vacate his office.

A majority shall constitute a quorum and shall have the power to
transact all business except as otherwise provided by law, and except, also,
that for an appropriation in excess of one hundred dollars there shall be
a concurrence of two-thirds of the members.

7. Books and papers.—All books, papers, accounts and vouchers per-
taining to any of the offices of said town shall be considered the property
of the town, and each officer shall, at the termination of his office, deliver
and turn over to his successor the same, and if he fails to do so he shall
be responsible in damages to the town for any loss or injury sustained
thereby, as well as liable to any penalty the council may see fit to impose
therefor by its ordinance.

8. Sergeant.—The town sergeant shall have the same powers and per-
form the duties both in civil and criminal cases prescribed by the State
law for sergeants of towns, and he shall be subject to like penalties. He
shall also perform such duties in relation to streets and water works
of the town and such other dutics as may be required of him by the
council. He shall especially see that all ordinances are observed, and he
shall report to the mayor any violation of the same, and for any violation
occurring in his presence he may arrest for same forthwith. Said ser-
geant may at any time, with the approval of the mayor, appoint one or
more deputies, who shal] perform the duties of the sergeant hereinabove
set out. He or they shall hold office at the pleasure of the sergeant, the
mayor or the council, and shall be paid such compensation as the counc!:
may prescribe.

9. Treasurer.—The treasurer shall be the collector and custodian.
except as otherwise ordered by the council, of all town taxes, levies.
licenses and of all revenue and other moneys of the town from water or
any other source, and he shall disburse the same as ordered by the council:
provided, that the council may from time to time designate the deposi-
tory or despositories for the funds in his hands. He shall, for the collec-
tion of town taxes, levies and licenses, have all the powers vested by the
State law in county and city treasurers, and shall be subject to like pen-
alties. He shall make off all tax tickets and water tickets, and shall keep
such books of account and records and perform all such duties in rela-
tion to the collection and disbursement of the moneys of the town as may
be prescribed by the council, and he shall make his settlements at the
time and in the manner prescribed by the council.

10. Town clerk.—The town clerk shall attend all meetings of the
council, keep its minutes, preserve and keep on file all papers pertaining
to the business of the town; he shall keep such books of account and any
and all records which the council may require to be kept; he shall per-
form the duties of commissioner of the revenue for the town, extend
assessments, make off and deliver to the treasurer annually at such time
as the council may prescribe the land and property book or books of the
town, assess all license taxes required by the ordinances and report such
assessments to the treasurer for collection; keep such records of delin-
quent taxes as may be required by the council; he shall keep such records
concerning the water works of the town as may be required by the
council, and he shall especially issue permits to water takers, keep a com-
plete record of all water takers and of all contracts and permits, and shall
furnish to the treasurer, at such times as the council may prescribe, a list
of such water takers, with rates to be paid by each, and amount due or to
be paid, whether by meter or flat rate, and he shall perform such other
and further duties as clerk of the council, as commissioner of the revenue,
and in respect to the water works, as may from time to time be prescribed
by the council.

11. Taxes.—For the execution of its powers and duties the said
council shal] annually order a levy upon each male citizen above the age
of twenty-one years, and upon all the real and personal property in said
town, taxable by the State, and on such other subjects as may be assessed
with State taxes against persons residing therein, in addition to what
may be received from licenses and other sources, for the purpose of sup-
porting its government, meeting its indebtedness and defraying its ex-
penses: provided, however, that said taxes on real and personal property
shall not exceed one dollar and fifty cents upon the one hundred dollars?
assessed value thereof; and said levy shall be divided among the following
subjects, to-wit: for schools; for the maintenance of streets, walks, et
cetera ; for general purposes; as the eouncil may from time to time direct,
except that the levy for schools shall not be less than thirty cents on the
one hundred dollars’ assessed value of such property.

12. Licenses.—The said council may levy a license tax on anv busi-
hess, occupation or prefession prosecuted within the town, in addition to
the State license tax, and also whether license be required therefor by the
State or not; and may also levy a tax for the privilege of keeping dogs;
provided, however, that the license tax of the following businesses and
professions shall not exceed one-half of that levied by the State, viz.:
Upon attorneys-at-law, physicians, dentists, keepers of hotels, restaurants,
photographers and merchants.

13. Distress—The treasurer shall have the same right to distrain all
goods and chattels wheresoever found, and sell the same for the taxes
assessed and due thereon, as are given county and city treasurers under
the general laws of this State; and he shall also be authorized to add a
penalty of five per centum to all taxes or levies not paid on or before the
fifteenth day of December, in each current year, and he shall account for
said penalty when collected as he does for other money.

14. Lien for taxes.—There shall be a lien on all goods and chattels
and real estate for the town taxes assessed thereon from the beginning
of the year for which they are assessed, and such property may be sold
or rented and may be redeemed in the same manner as is provided under
the general law for State and county taxes: provided, however, that such
lien upon real estate shall not continue after two years from the begin-
ning of the year in which such taxes are assessed, unless recorded in a
book to be kept for the purpose in the office of the clerk.

15. Exemption from certain county taxes—The town of Wytheville,
its inhabitants and all taxable property within the corporate limits of
said town shall be exempt from assessments or levies in the way of
taxes imposed by the authorities of Wythe county for the maintenance
of county schools, roads and paupers, outside the corporate limits of
said town, but for all other purposes the inhabitants of said town and
taxable property therein shall be liable to the same assessments or levies
in the way of taxes as the other inhabitants and taxable property of said
county.

16. Present incumbents.—The present officers of the said town of
Wytheville shall continue to hold their offices under their present election
or appointment until the first day of September, nineteen hundred and
ten.

17. Ordinances, et cetera, continued in force.—All ordinances and
laws in force before the passage of this charter, so far as consistent here-
with, and all liabilities, actions, claims, contracts and prosecutions arising
thereunder, shall remain and continue as if this act had not been passed,
until altered, amended or repealed by the council provided for in this
charter.

18. Validation clause-—All the proceedings and ordinances hereto-
fore enacted and adopted, and all contracts made and obligations incurred
by the town authorities of the town of Wytheville, Virginia, that are valid
under its former charter, shall be and the same are hereby declared to be
valid and binding.

19. Conflicting acts.—All acts and parts of acts in conflict with this
act are hereby repealed.

20. Emergency clause.—An emergency existing by reason of a change
made necessary by this act, in the number of councilmen to be elected
at the next election therefor, this act shall be in force from its passage.