Chap. 163.—An ACT to provide a new charter for the town of Shenandoah, and
to repeal all other acts inconsistent with this act. [fH B 113]

Approved March 17, 1926.

1. Be it enacted by the general assembly of Virginia, That the
town of Shenandoah, in the county of Page, shall continue to be a
town corporate, in the name and style of the town of Shenandoah
and as such shall have and exercise all the powers conferred upon towns
of less than five thousand inhabitants by the general laws of this
State concerning towns now in force or that hereafter may be enacted
for the government of towns so far as the same are not inconsistent
with this act.

2. The boundaries of said town shall be as follows: Beginning on
the east side of the Shenandoah river, at the corner between D. W.
Wyant and Shenandoah Iron and Lumber Mining and Manufactur-
ing Company; thence north thirty-nine east, one hundred and fifty-
five and two-tenths poles, to a large pine tree near a pond, and east
of the Gem furnace; continuing the same course one hundred and
seventy-nine and four-tenths holes in all, to a bunch of white oaks
north twenty-five west, eight-tenths of a pole from a stake, corner to
J. H. Pollard’s acre lot; thence north fourteen and three-fourths west,
one hundred and thirty-five poles to a locust tree on a hill; the same
course continuing and forty-one eightieths mile to a stake on the line
between Dovel and Singlinger; thence north seventy-eight west, one
hundred and fifty-six poles to the corner between William Peters and
George Kite, at the river; thence up the river to the beginning.

3. The government of said town shall be vested in a town coun-
cil, which shall be composed of the mayor and six councilmen, each
of whom shall be a qualified voter within the said town.

4. The mayor and six councilmen shall be elected on the second
Tuesday in June, nineteen hundred and twenty-seven, and every two
years thereafter, and shall hold office for two years from the first day
of September next succeeding their election.

5. The council shall appoint a clerk and town sergeant, and if
they deem it advisable a deputy town sergeant, and also a town treas-
urer and such other officers as the council may deem necessary and
proper, all of whom shall hold office at and during the pleasure of the
council, and said officers shall qualify and execute bonds in the man-
ner prescribed by resolution of the council, and the council shall have
power to fill the vacancy in any of these offices created by death, re-
signation, removal or otherwise; but in no event shall the council
elect any officer for a term extending beyond the thirty-first day of
August next succeeding each regular quadrennial municipal election
for members of the council.

6. The mayor shall be the chief executive officer of the town and
shall have the jurisdiction and authority of a justice of the peace for
Page county within and one mile beyond the corporate limits of said
town, and exclusive jurisdiction under the ordinances of said town;
and in his absence or during temporary vacancy of his office, other
members of the council shall have and exercise the same jurisdiction
and authority.
7. The salary of the mayor shall be fixed by the town council,
but in no case shall this amount exceed one hundred dollars per
annum. In addition to the salary fixed by the town council, the
mayor shall receive all fees allowed under the general laws of this
State for the issuance of warrants, trials of cases, et cetera.

8. The mayor shall preside over the council, but shall have no
vote except in the case of a tie.

9. In case a vacancy shall occur in the office of mayor the va-
cancy shall be filled by appointment by the council of any one eligible
to such office.

10. If the mayor be absent during any meeting of the council, it
shall elect one of its number as president pro tempore.

‘11. The town of Shenandoah shall have the right to maintain,
operate, acquire, construct and keep water works and electric plants,
and any other plants or property which towns have the right to con-
duct, maintain, acquire, operate and construct under the general laws
of this State.

12. For the purpose of properly conducting its water works, elec-
tric plant and other public works, the council may employ such offi-
cers, agents and employees as it may deem necessary, and fix the com-
pensation of the same; may promulgate and establish such rules and
regulations in regard to the use and maintenance of such water, water
systems, electric plant and public works as it thinks best; may fix
the rates for the use of water, electricity, et cetera, from its works,
and provide for the collection of the same; may change and alter the
rates at any time, without notice; and the council shall be the sole
judge of the rates to be charged for such service; and the council is
granted all the powers which a municipal corporation has in the oper-
ation of its public works.

13. The town may construct, maintain and operate sewers and
sewage systems, and charge for connections therewith, and the use
thereof such rates as the council may deem proper, and may change
the same from time to time. The council may establish and promul-
gate any rules and regulations in regard to the connection, or contin-
ued use thereof as it may deem proper; may refuse any connection,
and disconnect the same if for any reason the connection, or continued
use thereof, becomes inimical to the public welfare, or detrimental
to the sewerage system, or if the charges therefor be unpaid, and the
council may be the sole judge when the same is to be disconnected or
when the connection is to be refused.

14. The town of Shenandoah shall constitute a separate road dis-
trict and no property in the town shall be liable for any assessment for
road purposes in the county of Page.

15. The town of Shenandoah shall continue to be a single and
separate school district, under the name and title of Milnes school
district, and the council shall have the power to appoint three school
trustees to serve, one, two and three years, respectively, and annually
thereafter it shall appoint a school trustee for said district to serve
for three years.

16. If at any time the mayor shall believe that an emergency
exists, or that it is necessary for the good order and preservation of
the laws that additional policemen be provided, he shall have the
right to furnish and qualify such additional policemen, whose com-
pensation shall be fixed by the council.

17. The bonded indebtedness of said town shall be limited to the
provisions of the present Constitution of Virginia, and the manner of
creating same shall be in accordance therewith.

18. All ordinances of the town, must, before becoming effective,
be enacted by a majority vote of the council, and be approved by the
mayor, and if disapproved by the mayor, shall become effective, only
upon the affirmative vote of the council by at least four member:
thereof entered of record.

19. It shall be the duty of the town clerk to keep a correct and
proper record of the proceedings of the council, and to publish in suck
manner as the council may indicate, the by-laws, ordinances and reso-
lutions that may from time to time be adopted. He shall, under suck
ordinances and resolutions as the council may adopt, issue license:
to all persons engaged in a pursuit, business, occupation, calling, pro.
fession or other purpose for which a license shall be required, shal
prepare the tax tickets, and shall perform such other duties as may be
required of him by the council and by the provisions of this act, fo
which services he shall receive such compensation as the council may
determine to be right and proper, not exceeding one hundred anc
twenty-five dollars per annum.

20. The treasurer of said town shall be the disbursing agent )
the town and have the custody of all moneys. He shall receive al
moneys belonging to and received by the town and keep a correct ac
count of all receipts from all sources and expenditures of all depart
ments. He shall collect all taxes and assessments, light bills, wate
rents, and other charges belonging to and payable to the town, and fo
that purpose he is hereby vested with any and all powers which ar
now or may hereafter be vested in county and city treasurers for th
collection of county, city and State taxes under the general law.

(a) No money shall be paid out by the town treasurer except b’
order of the council and upon a warrant of the clerk of the council
countersigned by the mayor.

(b) He shall keep and deposit all moneys or funds in such manne
and only in such places as may be determined by ordinance.

(c) He shall annually at the end of each fiscal year publish, eithe
ina newspaper published in Page county or by posting in front of th
treasurer’s office, a statement showing all the receipts and income o
the said town and from what source, and all disbursements made an
for what purpose.

(d) He shall make such other reports, from time to time, as ma:
be required by ordinance or by resolution of the council.

(e) His compensation for the performance of his duties shall b
fixed by the council, but in no case shall it exceed two per centum c
all moneys collected by him from all sources, except on the proceed
of bonds issued by the town or money borrowed by the town, upo
which two items he shall receive no commission.
21. The town sergeant shall be a conservator of the peace, and
in civil cases that may arise within the corporate limits of the town
he shall be vested with all the powers which the general laws of this
State confer upon constables; his jurisdiction as a police officer shall
extend one mile beyond the corporate limits. He shall possess the
like right of distress and power in collecting municipal taxes possessed
by a sheriff or constable in collecting State and county taxes. He
shall receive as compensation for the discharge of his duties, unless
otherwise ordered, the same fees as a constable, and he may receive
such other compensation as may be prescribed by the council, not
exceeding one hundred dollars per month.

22. The clerk, treasurer and sergeant shall be under direct con-
trol of the council, and shall perform such other duties as may be re-
quired of them by this act and by resolutions or ordinances of the
council. And they shall be subject to removal by a vote of at least
four members of the council for incompetence, misconduct or negli-
gence of duty, after reasonable notice.

23. The council shall have regular or stated meetings twice a
month, at such time as shall be fixed by their body, and such extra
or special meetings as may be called by the mayor or by three other
members of the council, for the transaction of stated or special busi-
ness; but the purpose for which a special or extra meeting is called
must be stated in writing. Four members of the body shall consti-
tute a quorum for the transaction of any business.

24. The council shall be the judge of the election and qualifica-
tion of its members, and it shall have the power to fill all vacancies
in its own body and in anv other office of the town, for the unexpired
term.

25. The council may elect such committees for the various de-
partments of the town as it may desire from its members. The
committees shall be elected at the regular meeting in September,
nineteen hundred and twenty-seven, and vacancies shall be filled by
the council as they occur.

26. The town council may make ordinances and by-laws for car-
rying into effect the provisions of this act; may prescribe fines and other
punishments for the violation of any of the ordinances of the town;
may levy and impose privileges and all other kinds of taxes not pro-
hibited by State law; provided, that said tax levy shall be laid at the
first regular meeting of the council in August, or as soon thereafter
as possible; may prevent any animals or fowls from running at large
on the streets of the town, and subject such animals or fowls to such
confiscation, penalties, et cetera, and impose such fines on the owners
thereof, as it may deem proper; may impose taxes not prohibited by
the’general laws on all animals in the town; may prohibit cruelty to
animals or fowls, and provide penalties therefor; may restrain and
punish beggars, peddlers and vagrants; may prevent and disperse
riots; disturbances and unlawful or disorderly assemblages; may sup-
press houses of ill-fame and bawdy houses, and may provide that upon
evidence of general reputation that such houses, or other places, are
used for the purpose of lewdness, the same shall be abated as nuisances;
may punish and prohibit wagering and betting regardless of the
amount won or lost; may prevent or restrain indecent or lewd con-
duct, pictures or exhibitions in the town; may prohibit immoral and
lewd picture shows, or motion pictures calculated to injure the morals
of the town; may prevent the coming into the town of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the town; may offer rewards for the appre-
hension of persons committing felonies in the town, not to exceed one
hundred dollars in each case; to prescribe rules and regulations for the
location and orderly building of blacksmith shops, garages, and all
other shops, structures and control or prevent the storage of fire-
crackers, gunpowder or other works manufactured or prepared there-
from, kerosene oil, gasoline or other combustible materials.

To compel the abatement and removal of all nuisances within the
said town at the expense of the person or persons causing the same
or the owner or occupant of the ground or premises wherein the same
may bé found, and to require all lands and lots and other premises
within the town to be kept clean and sanitary and free from stagnant
water, weeds, filth and unsightly deposits or to make them at the ex-
pense of the owners or occupants thereof; to regulate or prevent
slaughter-houses or other noisome and offensive business within the
town and generally to define, prohibit, abate and suppress and pre-
vent all things detrimental to the health, morals, safety, convenience
and welfare of its inhabitants.

27. The council may impose a tax of fifty cents per annum upon
the residents of the town, male and female, who have attained the
age of twenty-one years.

28. The town council may require a license tax for anything for
which a State license tax is required, and for which under the general
laws of the State a license tax may be required by a city or town and
in addition thereto, within the limitations imposed by the Constitu-
tion and laws of the State and of the United States, the council may
impose a license tax on any business or thing carried on or done in
the town, whether a license tax-is required therefor by the State or not.

29. The said council shall have the power, whenever they deem
it expedient, to lay sewers and to have the sidewalks, footways, and
gutters along any street or alley in said town, as of such width as they
may prescribe, properly paved or otherwise suitably improved, al-
tered or repaired, as they may think fit, and for such purpose may lay
and levy and collect a special tax from the abutting property owners,
the town shall bear one-half of the expense of constructing new side-
walks and other improvements and conveniences above specified, and
such abutting property owners shall be assessed to pay the other half
which assessment shall be proportioned to the number of feet that
such property fronts the said improvements or conveniences. Such
special tax shall be collected in the same manner as other taxes are
collected, and in all cases where a lessee or tenant shall pay ‘suct
special tax it shall be an offset or credit against a like amount of rent
then due or that may thereafter accrue.

30. The town council shall have the power and authority, with.
out reference to a vote of the people, to provide by ordinance for the
issuance of new bonds, for the redemption and liquidation of any
lawfully issued bonds, when they fall due, become subject to call, or
can for any reason be refunded or redeemed. Said new bonds shall
not exceed in amount the original bonds to be redeemed, liquidated,
or refunded, may be registered, serial or coupon, and shall be sold,
at not less than par, to the highest bidder for cash; provided, that no
such new bonds shall bear a higher rate of interest than six per centum
per annum; and provided, further, that the proceeds of the sale of
the new bonds so issued shall be used only in the payment of the old
bonds, which are subject to call, redemption or can otherwise be re-
funded or redeemed. Such bonds shall be paid in lawful money of
the United States and a sinking fund shall be created and maintained
sufficient to redeem such bonds at maturity, and be applied to such
redemption and to no other purpose.

31. The council shall have the right, in certain localities and
upon certain streets to be named by them, to prescribe and: locate
building lines, and regulate the height and construction of buildings
and require building permits for the regulation of the same; and to
make regulations regarding the building and construction of houses
in the town.

32. The council shall have the right to license and regulate the
holding and location of shows, circuses, public exhibitions, carnivals
and similar shows or fairs, or prohibit the holding of the same or any
of them within the town.

33. The council shall have the right to make and enforce ordi-
nances similar to the prohibition laws of the State.

34. The council shall have the right to require the owners of real
estate abutting upon paved or other improved sidewalks to remove
the snow therefrom, to prevent skating or riding of bicycles thereon,
and of all other improper uses thereof, and to punish such violation
by fine.

35. The town council may, by ordinance, impose punishment for
any offense upon which a punishment is imposed by the State of Vir-
ginia.

36. The town council shall have all powers and authority that
are now or may hereafter be granted to councils of towns by the gen-
eral laws of this State; and the recital of special powers and authori-
ties herein shall not be taken to exclude the exercise of any power and
authority granted by the general laws of this State to town councils,
but not herein specified.

37. All ordinances now in force in the town of Shenandoah, not
inconsistent with this act, shall be and remain in force until altered,
amended or repealed by the town council.

38. If any clause, sentence, paragraph, or part of this act shall
for any reason be adjudged by any court of competent jurisdiction
to bée invalid, such judgment shall not affect, impair or invalidate the
remainder of said act, but shall be confined in its operations to the
clause, sentence, paragraph or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
39. All acts or parts of acts in conflict with the provisions of this
act are hereby repealed; provided, however, that the present members
of the town council, and other officers of the corporation, shall con-
tinue in office until the first day of September, nineteen hundred and
twenty-seven, or until their successors have qualified.