Chap. 78.—An ACT to provide a new charter for the town of Tazewell,
in the county of Tazewell, and to repeal all other acts or parts of acts
in conflict therewith. (S. B. 167.)

Approved February 29, 1916.

1. Be it enacted by the general assembly of Virginia, That
the inhabitants of the territory in Tazewell county contained
within the boundaries prescribed by section two hereof, be, and
shall continue to be, a body politic and corporate, in fact and in
name, under the name and style of the town of Tazewell, and as
such shall have and exercise all the powers conferred by and be
subject to all the laws of the State of Virginia for the govern-
ment of towns of less than five thousand inhabitants, so far as
the same are not inconsistent with the provisions of this act.

2. The boundaries of the town shall be as follows:

Beginning at a station one, the northwest corner of Mistress
R. B. Gillespie’s old seminary lot; thence crossing the turnpike
east of the town of Tazewell to a station two, on the north side
of said turnpike, southwest corner of T. G. Witten’s land, and
also corner of the Tazewell Courthouse Improvement Company’s
plat of lots; thence with said company’s lines north thirty-three
degrees three minutes west, four hundred and seven and four-
tenths feet, to station three; north fifty-eight degrees twenty-
seven minutes east, thirty-six feet, to station four; north seven-
ty-eight degrees east, four hundred twenty-four and nine-tenths
feet, to station five; north thirteen degrees west one thousand
eight hundred and seventeen feet, to station six; north eighty-
four degrees west seven hundred and fifty feet, to station seven;
north thirteen degrees forty-two minutes west fifty-three feet, to
station eight; thence north eighty-five degrees fifty-two minutes
west, one hundred and ninety-one feet, to station nine, southwest
corner of lot seven, section thirty-three on said plat of lots;
thence south four degrees forty-eight minutes west, seventy-five
feet, to station ten, thence north eighty-five degrees fifty-two
minutes west, one thousand two hundred and seventy-five feet,
to station eleven, the northwest corner of lot one, section seven,
of said plat of lots; thence north nine degrees fourteen minutes
west, one thousand one hundred and forty-two feet, to station
twelve in a former line of the corporate limits of said town;
thence with said old line north fifty-eight degrees west, three
hundred feet, to station thirteen on the east side of the old road
leading to Tazewell station, and with the east side of same south
thirty-three degrees west, ten poles and nine links, to station
fourteen; south eighty-seven degrees west, eighteen poles and
seven links, to station fifteen; south seventy-seven degrees
west, three poles and sixteen links, to station sixteen;
south forty-nine degrees thirty minutes west, five poles to
station seventeen; south twenty-two degrees forty-five minutes
west, five poles and eight links, to station eighteen, south thir-
teen degrees and thirty minutes east, ten poles and sixteen links,
to station nineteen; thence north eighty-two degrecs thirty min-
utes west, twenty-eight poles, crossing said rozd to station twen-
ty; thence south eleven degrees east, forty-eight poles and ten
links, to station twenty-one; thence south fifty-four degrecs and
thirty minutes east, thirty-seven poles, to station twenty-two on
the west side of said old road, eight feet west of J. S. and A. P.
Gillzspie’s gate post; thence soutn sixty-one degrees fifty-three
minutes west, thirty poles and seven links, to station twenty-
three; thence north eignty-two degrees fitteecn minutes west,
thirty-six poles end twenty-one links, to station twenvy-trour, at
a gateway on said Gillespie’s private road; thence south six-
ty-seven degrees west, thirty-six poles and thrce links, to sta-
tion twenty-five; thence south thirty-eight degrzes east, thirty
poles and fifteen links, to station twenty-six on the north edge
of the turnpike west, of the said town; thence with north side
of same, soutn sixty-six degrees thirty minutes west, six poles
and twenty-three links to station twenty-seven; south fifty-sev-
en degrees forvy-five minutes west, twenty-six po.es and cleven
links, to station twenty-eight; south sixty-eight degrees thirty
minutes west, twenty poles and six links, to station twenty-nine
on H. G. Peery’s line; thence crossing said turnpike south thirty
degrees fifteen minutes east, seventy-three pcles, to station tair-
ty ; thence soutn seven degrees, east one hundred polcs to station
thirty-one; south eighty-five degrees cast, twenty-six poles,
to station thirty-two; thence south seventy-four degrees fifteen
minutes east, twenty poles, to station thirty-three; thence south
seventy-six degrees thirty minutes east, thirty-seven polesand fif-
teen links, to station thirty-four; north thirty-six degrees forty-
five minutes east, thirty poles, to station thirty-five; thence south
twenty-one degrees east, twenty-seven polcs, to station thir-
ty-six; thence south one degree thirty minutes west, twenty-one
poles, to station thirty-seven; thence north eighty degrees thir-
ty minutes east, one hundred and twenty-nine poles, to station
thirty-eight, in line between A. J. May and S. D. May; thence
north seventy degrees east, one hundred and thirty-eight poles,
to station thirty-nine, in line between S. D. May and A. J. May,
junior; thence north thirty-five degrees west, seventy-seven
poles, to station forty, on south edge of W. O. Whitman’s road;
thence with south side of said road south seventy-seven degrees
forty-five minutes west, fifty-three poles and three links, to sta-
tion forty-one, opposite Amy Smith’s southwest corner; thence
north eleven degrees and thirty minutes west, thirteen poles and
five links, to station forty-two; thence ncrth seventy-five de
grees thirty minutes east, sixteen poles and thirteen links, t
station forty-three; thence north fortv degrees thirty minute:
west, nineteen poles, to station forty-four; thence north sixty.
six degrees thirty minutes east, thirty-seven poles and sever
links, to station forty-five: thence north seventv-one decrees east
sixty-eight poles, to station forty-six, in W. O. Whitman’
line; thence north twenty-two degrees forty-five minutes west
forty-three poles, to station forty-seven; south fifty-seven de-
grees west, thirty-two poles, to station forty-eight; thence north
thirty-four degrees west, one hundred and six poles, to station
forty-nine, on the south side of the turnpike east, of said town;
thence with south side of said turnpike south sixty-three degrees
fifteen minutes west, eight poles to station fifty; thence south
forty-nine degrees west, seven poles to the beginning.

3. The council of said town shall consist of a mayor and
six (6) other electors, who shall be denominated the councilmen
of said town.

4. There shall be a recorder for said town, who shall have
the same qualifications, be elected at the same time, in the same
manner, and for the same term as the councilmen of the said

town.

It shall be the duty of the recorder to attend and keep a rec-
ord of the meetings of the council, and perform all other duties
prescribed by statute, and all other and additional duties pre-
scribed by the said council.

5. There shall be a sergeant for said town, elected by the
council. The sergeant shall be elected by each new council as
soon as practicable, and he shall serve for the same term as the
councilmen, and until his successor qualifies.

The sergeant shall perform such duties and be invested with
such authority as provided by general statutes for sergeants and
police officers of a town, and he shall be the chief police officer
of the town, and shall perform such other and general duties
and be invested with such other authority as the town council
may prescribe.

6. The mayor shall be the chief executive officer of the town.
He shall have control of the police of the town, and may appoint
special officers when he deems it necessary.

All by-laws and ordinances, before they become valid and
operative, shall have his signature, and he shall have the veto
power, but any by-law or ordinance may be enacted over the
mayor’s veto by a vote of two-thirds (2-3) of the members elect-
ed to the council. oe

7. The mayor, sergeant and councilmen shall be vested with,
and exercise, all the rights and authority granted and conferred
upon the mayor, sergeant and councilmen of towns of less than
ive thousand inhabitants, by the Constitution and general sta-
tutes of the Commonwealth, so far as the same are not in conflict
with the provisions of this act.

8. The council shall have the power to pass all ordinances
for the proper government of the said town, not in conflict with
the Constitution and general statutes of the Commonwealth. and
‘© that end shall have, and exercise, all the power and privileges
conferred upon the town councils of towns of less than five
thousands inhabitants, so far as the same are not inconsistent
with the provisions of this act; and the said council shall have
he power and authority to regulate the keeping of gun powder,

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gasoline, and other combustibles in the town; and to fix the sal-
aries and compensation of the mayor, recorder, sergeant and
such other officers as the council may appoint, and authorize the
payment of the same; and to prevent hogs, dogs, and other ani-
mals from running at large within the corporate limits, and may
subject the same to such regulations and taxes as it may deem
proper; and to regulate, restrain and punish drunkards, va-
grants and street beggars; and to prevent from coming into said
town persons who have no ostensible means of support and all
persons who may be dangerous to the peace and safety of the
town; and to expel therefrom any such persons who may not
have resided therein as much as one year; and to define, regulate
and prohibit gaming or games of chance, and to define, prohib-
it and punish violations of the Sabbath.

9. The town council shall have the power and authority to
require the owners or occupiers of real estate within the corpo-
rate limits of the town, which may front or abut on the line of
any sewer or water pipe line or conduit, to make connections
therewith, and to use such sewer, pipes, conduit and water furn-
ished by the town, under such ordinances and regulations as the
council may deem necessary to secure the proper sewage there-
of and to improve and secure proper sanitary conditions; and to
fix and impose the charges and fines to be paid by the owners
or occupiers of the properties and persons served thereby, for
tapping and using such sewers, pipes and conduits, and for the
use of water supplied by the town; to make regulations for the
use, enjoyment, protection and care of the sewers, pipes, con-
duits, and water supply of the town; and shall have the power
to enforce the observance of all such ordinances and regulations,
by the imposition and collection of fines and penalties, to be col-
lected as other fines and penalties for the violation of ordinances
of the town are collected.

10. In every case where a street, alley, park or public prop-
erty of the town has been, cr shall be, occupied or encroached
upon by a fence, building, porch, projection, or otherwise, with-
out first having obtained consent thereto from the town council
or a franchise therefor, such occupancy or encroachment shall be
deemed 2 nuisance, and the owner or occupant of the premises en:
croaching, upon conviction of so doing, before the mayor or an}
councilman of the town, shall be fined not less than five ($5.00)
nor more than fifty ($50.00) dollars, each day’s continuance 0:
the said occupancy or encroachment to constitute a separate of
fence, such fine to be recovered in the name of the town and fo:
its use, and the town council may require the owner of the prem
ises encyoaching, if known, or if not known, the occupant there
of, to remove the encroachment within a reasonable time, an
if such removal be not made within the time prescribed by th
council, to cause the encroachment to be removed, and collec
from the owner, or if the owner be not known, the occupant, a
reasonable charges therefor with costs, by the same process that
they are authorized by law to collect taxes.

No encroachment upon any street or alley, however long con-
tinued, shall constitute any adverse possession to, or confer any
rights upon the person claiming thereunder, as against the town.

11. The town council shall have the power and authority,
without reference thereof to a vote of the people, to issue cer-
tificates of indebtedness, revenue bonds or other obligations, is-
sued in advance of the collection of the revenue of the town for
the then current year; provided that such certificates, bonds
and other obligations mature within one year from the date of
their issue, and be not past due, and do not exceed the revenue
for such year; and the said town council shall have the further
power and authority, without reference thereof, to a vote of the
people, to issue a certificate or certificates of indebtedness, reve-
nue bonds or other obligations of the town of Tazewell, issued
in advance of the collection of the revenues of the town, not ex-
ceeding the sum of five thousand ($5,000) dollars, to be used
only for the purposes of permanent improvements, and not oth-
erwise, by a recorded affirmative vote of not less than five mem-
bers of the town council, in which the mayor shall have one vote
along with the other members of said town council, which said
bond or bonds shall mature and be payable within a period or
periods not exceeding ten years from the date thereof.

12. Where, by the provisions of this act and the general laws
of the State, the council has authority to pass ordinances, by-
laws or regulations on any subject, it may prescribe any pen-
alty, not exceediing five hundred dollars ($500.00) or confine-
ment in jail not exceeding six (6) months, or both, for the viola-
tion thereof, or any other form of punishment provided by the
laws of this State for the punishment of misdemeanors; and
when, by this act or by the ordinances, by-laws and regulations
of the town council, or by general law provided, any offender
shall be sentenced to serve a term in prison, or be imprisoned
for the failure to pay any fine or penalty and the costs of trial,
yr the costs of trial, where there is no fine or penalty imposed
Ipon him for the violation of a town ordinance, such offender
nay be compelled to work upon the streets or other public im-
rovements or works of the town, unless physically incapable of
© doing, and such offender shall have credit on the amount of
uch fine, penalty or costs, with the sum of fifty cents ($.50) for
ach day that he so works; in case a prisoner convicted under
in ordinance of said town of Tazewell shall be committed to jail
n execution of sentence or for failure to pay such fine and cost,
ie is to be considered and treated as a State prisoner; the coun-
y to nay cost of confinement, and the said prisoner mav be sen-
enced to work on the highways and roads of the State of Virgin-
a as other State prisoners; such sentence, however. to be at the
liscretion of the town authorities whether they shall commit the
risoner to confinement in jail and work on the streets of said
town, or to jail and work on the highways and public roads of
the State of Virginia.

13. For the purpose of carrying into effect the police regu-
lations of said town, the town shall be allowed to use the county
jail of Tazewell county for the safe keeping and confinement of
all persons who shall be charged with any crime or be sentenced
to imprisonment under the ordinances of said town, and all per-
sons so confined shall be under the charge and custody of the
sheriff of said county, who shall receive, keep, and discharge the
same ‘in such manner as shall be prescribed by the ordinances
of said town, or otherwise discharged by due course of law.

14. The said town shall be entitled to all of the immunities,
exemptions and privileges appertaining to any town that main-
tains and keeps its own poor, according to the general statutes
of the Commonwealth.

15. The said town of Tazewell, its inhabitants and all tax-
able property within the corporate limits of said town shall be
exempt from all assessments or levies in the matter of district
and county roads taxes imposed by the authority of Tazewell
county for the construction, repair or maintenance of roads ly-
ing outside of said town; provided, however, that said town of
Tazewell shall construct, repair and maintain all streets and
roads within the corporate limits of said town.

16. The town council in addition to the State taxes on li-
censes may, when anything for which a license is so required
to be done within the town, impose a tax for the privilege of
doing the same and require a license to be obtained therefor, and
any case in which they see fit may require from the person li-
censed bond with surety in such penalty and with such condi-
tions as they may deem proper, or make other regulations con-
cerning the same; and within the limitations of the Constitution
of this State and of the United States may levy a license tax on
any other business carried on in the town whether a license tax
is required therefor by the State or not; within the same limita-
tions the town council may levy a license tax on any person, firm
or corporation whether his or its principal place of business or
office is within or without the town, and if said corporation or
person does or offers to do business within the town; and upon
the agent of any insurance, oil, fertilizer, mercantile, or other
company or person where such agent does or offers to do busi-
ness within the town, whether the principal place of business of
such agent be within or without the town; the council may grant
or refuse license to owners or operators of wagons, drays, hacks,
automobiles or other wheeled vehicles kept or employed in the
town for hire; and may assess and require taxes to be paid there-
on, and subject the same to such regulations as they may deem
proper and may prescribe their fees and compensation; and may
require the owners or operators of wagons. drays, hacks, auto-
mobiles and other wheeled vehicles using them in the town to
take out a license therefor, and'may assess and require taxes to
be paid thereon and prescribe. regulations for the use, driving
and drivers of such vehicles.

17. All ordinances now in force in the town of Tazewell,
not inconsistent with this act, shall be and remain in force until
altered, amended or repealed by the town council. And the pres-
ent officers of the town shall be and remain in office until the
expiration of their several terms or until their successors
qualify.

18. All acts or parts of acts in conflict with this act are here-
by repealed, in so far as they affect the provision of this act
and all former acts chartering or amending the charter of the
town of Tazewell (formerly Jeffersonville) are hereby repealed.