CHAP. 223.—An ACT to provide a new charter for the town of Gretna,
Pittsylvania county, and to repeal all other acts ee with this

B. 369)
Approved March 17, 1916.

Whereas the general assembly of Virginia by an act approved
February second, nineteen hundred and one, incorporated the
town of Elba, Pittsylvania county, which said act was amended
by an act approved February sixteenth, nineteen hundred and
one, and subsequently amended by an act approved March
twelfth, nineteen hundred and twelve; and whereas by an act
approved March twenty-first, nineteen hundred and fourteen,
the name of the said town of Elba was changed to Gretna and
the said town of Gretna incorporated by the said act as the
successor of the said town of Elba; and whereas it is desirable
to provide a new charter for the said town of Gretna in order
to conform the same to the general laws of the State concern-
ing towns and for other purposes, therefore:

1. Be it enacted by the general assembly of Virginia, That
the town of Gretna in the county of Pittsylvania, as the same
has heretofore been or hereafter may be laid off into lots, streets
and alleys, shall be and hereby is made a town corporate
by the name of Gretna and as such shall have and exercise all
the powers conferred upon towns by the general laws of this
State concerning towns now in force and all acts of the general
assembly subsequent thereto and amendatory thereof so far as
the same are not inconsistent with the provisions of this act.

2. The territory and limits of said town shall embrace and
extend one-half mile in every direction from the present station
and depot of the Southern Railway Company, in said town.

3. On the second Tuesday in June, nineteen hundred and
seventeen, and every two years thereafter there shall be elected
one elector of said town who shall be denominated the mayor
thereof and six other electors who shall be denominated the
councilmen thereof and the said mayor and councilmen shall
constitute the council of said town. They shall enter upon the
duties of their offices on the first day of September next suc-
ceeding their election and shall continue in office until their suc-
cessors are duly qualified. And said mayor and councilmen
shall take the oath of office as prescribed by the general laws of
this State. The failure of any person elected or appointed under
the provisions of this act to qualify or take the oath of office re-
quired, within the time prescribed for entering upon the duties
of the office to which he is elected or appointed, shall vacate said
office and the council shall proceed to fill said vacancy in the
manner prescribed in this act.

4. There shall be appointed for the town a registrar and
officers of election in the manner provided for by the general
laws of Virginia, and all elections held in said town shall be
governed in accordance with said general laws, and the electo-
rate or persons qualified to vote in said town shall be as pre-
scribed and defined by the general laws of this State.

5. The council of said town shall judge of the election, qual-
ification and returns of its members; may fine them for disor-
derly behavior, and with the concurrence of two-thirds, expel a
member. If any person returned be judged disqualified or ex-
pelled, a new election to fill the vacancy shall be held at the
same place on such date as the council may prescribe. Any
vacancy occurring otherwise during the term for which any of
the said persons have been elected may be filled by the council
by the appointment of any one eligible to said office. A vacancy
in the office of mayor may be filled by the council from the elec-
tors of said town.

6. The council shall have power to suspend and remove all
other town officers whether they be elected or appointed, for mis-
conduct in office or of neglect of duty, to be specified in the order
of suspension or removal; but any such removal shall not be
made without reasonable notice to the officer complained of and
an opportunity afforded him to be heard in his behalf,

7. For the transaction of business by the council of said
town four members thereof (of whom the mayor may be counted
as one) shall constitute a quorum.

The mayor of said town and the councilmen thereof shall
each have all the powers and authority of a justice of the peace
in criminal matters within the limits of said town and one mile
beyond the same; shall have power to issue process, hear and
determine all prosecutions, cases and controversies which may
arise under the resolutions and ordinances of the town; may im-
pose fines and inflict punishment when and wherever they are
authorized by such resolutions and ordinances or the general
laws of this State and may issue executions for the collection of
fines imposed; may commit an offender to jail or to work upon
the public works or streets of said town until the fine and costs,
or the costs if there be no fine, are paid. Appéal shall lie from
the decision of the mayor or councilmen to the circuit court of
Pittsylvania county in the manner provided by the general laws
of this State.
9. The jurisdiction of the corporate authorities of the said
town in criminal matters and for imposing and collecting license
taxes on shows, performances and exhibitions shall extend one
mile beyond the corporate limits of the said town.

10. The council of said town may adopt rules for the regu-
lation of its proceedings, but no taxes shall be levied or corpo-
rate debt contracted unless by a vote of two-thirds of the coun-
cil, four votes being counted as two-thirds, the mayor having no
vote except in cases of a tie, which vote shall be taken by yeas
and nays and recorded in the journal. The mayor shall preside
over said council and in the event of the absence of the mayor,
the council may appoint a president pro tempore. A journal
shall be kept of their proceedings and at the request of any mem-
ber present the yeas and nays shall be recorded on any question.
At the next meeting the proceedings shall be read and signed
by the person who was presiding when the previous meeting ad-
journed or if he be not then present, by the person presiding
when they were read. And the said council may appoint such
days as may be deemed proper for the transaction of business
and may compel the attendance of absent members.

11. The council shall by ordinance or resolution fix the times
of its regular meeting, but a meeting may be called and con-
vened by the mayor in writing or by any three members of the
council in writing at any time; but at such called meeting no
business shall be transacted except such as may be plainly
stated in such call, and after notice to each member of the coun-
cil and to the mayor, unless absent from said town.

12. Every ordinance passed by the council for the violation
of which any penalty is imposed, shall be published in such way
as the council may publicly say as to giving general publicity
thereto, and no such ordinances shall become effective until the
same shall have been published either by hand bills or in some
paper published in the county as the council may deem proper.
If the publication be by hand bills, a certificate of the posting
of them shall be given by the sergeant to the clerk of the coun-
cil, provided, however, that after the expiration of six months
from the date of the passage of any such ordinance its publicity
shall not be questioned or its validity affected by any failure to
publish the same.

18. In addition to the powers conferred by other general
statutes, the council of the town shall have the power to lay
off streets, walks or alleys; alter, improve and light the same,
and have them kept in good order; to lay off public grounds and
provide all buildings necessary for the town; to provide a prison
house and workhouse and employ managers, physicians, nurses
and servants for the same, prescribe regulations for their gov-
ernment and discipline and for the persons therein; to. prevent
injury or annoyance from anything dangerous, offensive, or un-
healthy, and cause any nuisance to be abated; to regulate the
keeping of gunpowder or other combustibles, and provide maga-
zines for the same; to provide places for the interment of the
dead near the town; to acquire or otherwise obtain control of,
or establish, maintain, operate, extend and enlarge water works,
gas works, electric light and power plants and other public utili-
ties within or without the limits of the town, for the purpose of
supplying the inhabitants of the town with water, gas, light,
power, and so forth, and for public use and such other purposes
as are permitted by the laws of the State; to acquire within or
without the limits of the town by purchase, condemnation or
otherwise whatever land may be necessary for acquiring, locat-
ing, establishing, maintaining, operating, extending or enlarg-
ing said water works, gas works, electric plants and other public
utilities, and the rights of ways, rails, pipes, poles, conduits
or wires connected therewith, or any of the fixtures or appur-
tenances thereof; to keep on hand, sell and supply to customers
of its electric plant and water works, without profit to the town,
motors, lamps, electric fixtures, heating devices and other ma-
terial and supplies used by customers of electric power or water;
to lease, own, operate or maintain rock quarries for the purpose
of obtaining material for use upon the public places or works
of the town; to prevent the pollution of water and injuries to
water works, for which purpose its jurisdiction shall extend
to five miles above the same; and to protect from injury, by
ordinance with adequate penalties and by prosecution in State
courts, the pipes, poles, wires, fixtures, land and other’ things
used 1n connection with the water works, gas works, electric
plant or other public utilities; to make, erect and construct,
within or without said town, drains, sewers, and public ducts,
and to acquire within or without said town, by purchase, con-
demnation or otherwise, so much land as may be necessary to
make, erect, construct, operate and maintain the same; to make
regulations concerning the building of houses in said town, and
to establish and maintain parks, playgrounds and boulevards,
and cause the same to be laid out, equipped or beautified, and in
particular districts, or along particular streets, to prescribe and
establish building lines, to make regulations for the purpose of
guarding against danger from accidents by fire, and on the peti-
tion of the owners of not less than two-thirds of the ground in-
cluded in any square, to prohibit the erection in such square
of any building, or addition to any building more than ten feet
high, unless the outer walls thereof be made of brick and mortar,
concrete or stone and mortar, and provide tor the removal of
any buildings or addition erected contrary to such prohibition ; to
provide for the weighing and measuring of hay, coal or any other
articles of sale and regulate the transportation thereof through
the streets; to protect the property of the town and its in-
nabitants and preserve peace and good order therein; and to
promote the general welfare of its inhabitants. For carrying
into effect these and its other powers, it may make ordinances,
by-laws, and resolutions, and prescribe fines and other punish-
ments for violation thereof; keep a town guard, maintain a
chain gang, appoint a collector of its taxes and levies, and such
other officers as it may deem proper, define their powers, pre-
scribe their duties and compensation, and take from any of them
a bond, with sureties, in such penalties as the council may deem
fit, payable to the town by its corporate name, and with condi-
tion for the taithful discharge of the said duties.

All fees, penaltizs and imprisonment shall be recovered or en-
forced under the judgment of the mayor, or the person exercis-
ing his functions, for the benefit of the town, and in the case of
a failure to pay any fine or any costs imposed by such judgment,
the offender may, in the discretion of the trial officer, be required
to work the same out upon the public works of the town.

14. The council shall not take or use any private property
for streets or other public purposes without making to the owner
thereof just compensation for the same; but in cases where the
council shall fail to obtain by agreement title to any ground, or
an easement therein, for such purpose, the council may apply to
and obtain from the circuit court of Pittsylvania county author-
ity to condemn the same, which shall be applied for and pro-
ceeded with according to law.

15. The said town of Gretna and the taxable persons there-
in shall be exempt from paying any county or district road tax
for any year the town shall, at its own expense, keep its streets
in order.

16. There may be elected by the council at its first meeting
in September after its election or as soon as practicable there-
after, a treasurer, who shall hold his office for such time as the
council has or may hereafter provide by ordinance. He shall
give such bond with surety and in such penalty as the council
may prescribe. Any vacancy in this office shall be filled by the
council.

17. The treasurer shall collect and -receive all money be-
longing to the town, except the council may have the license
taxes collected and paid to him; he shall have his office in some
convenient place in the town. He shall keep his books and ac-
counts in such manner as the council may direct, and such books
shall always be subject to the inspection of the mayor, any mem-
ber of the council, or any committee thereof or any tax payer of
the town. The treasurer shall receive such compensation as the
council may from time to time allow subject to general law.

18. The treasurer shall make such reports and at such
times as the council may prescribe, showing a full and detailed
account of all receipts and expenditures made by him covering
any given period. He shall keep a register of all warrants paid,
their dates, amount, number, to whom paid and from what fund
paid; all such warrants, and any other payments, shall be ex-
amined by the finance committee of the council, which commit-
tee shall compare such warrants with the books of the treas-
urer and report any discrepancies, if any, to the council.

19. No money shall be paid out by the treasurer except by
order of the council upon a warrant of the clerk countersigned
by the mayor.

20. The treasurer shall collect all taxes and levies and as-
sessments (except the council may make other provisions for
collection of license taxes), and for this purpose shall be vested
with all the powers of county treasurer. He shall keep a sepa-
rate account of the several funds and appropriations and the
debits and credits belonging to them.

21. The council may, in its discretion, designate the place
of deposit of town funds. All funds in the treasurer’s hands
shall be kept separate from his own funds and he is hereby
prohibited from using, directly or indirectly, any town funds
or warrants for his own benefit, or the benefit of any other per-
son or persons.

22. There may be elected by the council at its first meeting
in September after its election, a clerk of the council, who shall
hold office during the pleasure of the council. He shall attend
the meeting of the council and keep a record of its proceedings.
He shall keep all papers required to be kept by the council, shall
publish such reports and ordinances as the council is required
by this act to publish and such other reports and ordinances
as the council may direct, and he shall do and perform such
other duties as the council may from time to time require. Any
vacancy in this office shall be filled by the council. The council
may, in its discretion, combine the offices of treasurer and clerk
of the council and cause the duties of the two offices to be per-
formed by one person.

23. There shall be elected by the council at its regular meet-
ing in September after its election, or as soon as practicable
thereafter, a sergeant who shall be chief of police also, and who
shall hold office for such term as the council has, or hereafter
may prescribe by ordinance. His duties shall be such as the
council may prescribe and his compensation shall be fixed by
the council. Any vacancy in this office may be filled by the
mayor until the council convenes, but for the unexpired term
such vacancy shall be filled by the council at the first meeting
after any such vacancy may occur.

24. The assessment of the real and personal property in
the town, for the purpose of municipal taxation, shall be the
same as the assessment of such property for the purpose of
State taxation, where there is a State assessment of such prop-

rty.

25. In addition to the State tax on any license, the council
may, when anything for which a license is so required is to be
done within said town, impose a tax for the privilege of doing
the same and require a license to be obtained therefor; and in
addition thereto may levy a tax on agents and other persons,
firms or corporations whose principal office is not located in said
town, if such person, firm or corporation do, or offer to do,
business in said town; on public theatricals or to other per-
formances of a public nature; on shows, on hawkers and ped-
dlers, to agents renting or selling real estate; and on the busi-
ness of any person, firm or corporation doing business in said
town, whether a license tax on such business be imposed by
the State or not, within the limits of the Constitution; pro-
vided, farmers may sell the products from their farms in said
town without a license. The jurisdiction of the corporate author-
ities of said town for imposing and collecting a license tax on
saloons, shows, performances and exhibitions shall extend one
mile beyond the corporate limits of said town; it being the pur-
pose of this section to give the council of said town the power
to tax all subjects within its jurisdiction not withheld from tax-
ation by the laws of this State, whether the State taxes them or
not, and whether herein specifically enumerated or not.

26. The town council shall annually cause to be made up
and entered on its journal an account of all sums lawfully
chargeable on the town which ought to be paid within one year,
and shall order a town levy of so much as, in its opinion, is
necessary to be raised in that way for the several funds of the
town, in addition to what may be received for licenses and
other purposes; but such levy shall not exceed the sum of fifty
cents on the one hundred dollars assessed value of the property
taxed. The levy so ordered may be upon property therein,
on such other subjects as may at the time be assessed with
State taxes, and upon dogs. The council may add penalties for
failure of any person to pay taxes at the time provided for by
ordinance of the council, and there shall be a lien for all taxes
assessed which may be enforced as provided for by the general
laws of the State.

27. The persons now holding offices in said town shall con-
tinue to hold the same until their terms expire by operation
of law, or under the ordinances of the town or the general law
and until their successors shall have duly qualified; and all or-
dinances and laws in force at the time of the passage of this
act, or affecting or relating to the town, so far as consistent
therewith, and all rights, liabilities, actions, claims, contracts,
and prosecutions arising thereunder, shall remain and continue
as if this act had not been passed.

28. All ordinances now in force in the town not incon-
sistent with this act, the laws of this State and the United States,
shall be and remain in force until altered, amended or re-
pealed by the council of said town.

29, An emergency caused by reason of a change in the
revenue as provided for in this act for the fiscal year beginning
February first of this year, this act shall be in force from its
passage.