Chap. 277.—An ACT to provide a new charter for the town of Vinton, Roanoke

county, Virginia, and to repeal all acts or parts of acts in conflict there-
with. {H B 206]

Approved March 21, 1928

Be it enacted by the general assembly of Virginia, as follows:

1. Contracts and exercise of power of present council legal
and valid.—All contracts and obligations of the town of Vinton
heretofore or hereafter made by the present council and government
by them, while in office, not inconsistent with this charter and the
general laws and Constitution of the State, shall be and are hereby
declared to be valid and legal.

2. The town corporate.—The inhabitants of the town of Vinton,
Virginia, as its limits are or hereafter may be established, shall
continue to be a body, politic and corporate, to be known and desig-
nated as the town of Vinton, and as such shall have and may exer-
cise all powers which are now or hereafter may be conferred upon,
or delegated to towns under the Constitution and laws of the Com-
monwealth of Virginia as fully and completely as though said
powers were specifically enumerated herein, and no enumeration of
particular powers by this charter shall be held to be exclusive.

3. Town boundaries.—Beginning at a planted concrete block
on the east side of the county road, at two sassafras trees on the
land of I. W. Vinyard; thence south fifty-five degrees fifty-five feet,
west one-.thousand four hundred and ninety-seven and five-tenths
feet to a monument at the corner of I. W. Vinyard and Midway
land company; thence south seventy degrees fifteen feet west six
hundred ninety-six and five-tenths feet to a monument; thence
south sixty-nine degrees twelve feet west seven hundred and fifty-
eight feet to a monument on line of the Roanoke land company ;
thence through the lands of the Roanoke land company, a straight
line, south seventy-six degrees west one thousand eight hundred
and fifty feet to the center of Tinker creek (monument planted one
hundred feet north seventy-six degrees east of the center creek) ;
thence thirteen lines down Tinker creek and center thereof, south
ten degrees forty feet west three hundred and forty-one feet, south
eight degrees thirty feet east one hundred and sixtv-one feet to the
Norfolk and Western bridge, south twenty-one degrees thirty feet.
east two hundred and ten feet, north sixty-seven degrees forty
feet, east six hundred and sixty-nine feet, south fifty-five degrees
forty-five feet, east one thousand and sixty-nine feet to the center
of Roanoke electric car bridge, north seventy-five degrees east three
hundred and seventy-four feet, south seventy-four degrees east
three hundred and seventy-four feet, south sixty-one degrees thirty
feet east seventy-five feet, south twenty-three degrees fifteen feet
east four hundred and ninetv-five feet. crossing Glade creek at
three hundred and seventy feet, south thirty-five degrees forty-
five feet east five hundred and sixty feet, south twenty-four degrees
fifteen feet east two hundred seventy and five-tenths feet, south
and thirty-seven feet, south thirty degrees fifteen feet east four
hundred eighty-seven and five-tenths feet, south twenty-nine de-
grees fifteen feet east six hundred and twenty-five feet, monument
sixty feet from center of creek; thence up a large branch, north
seventy-seven degrees fifty feet east six hundred and forty-seven
feet to a monument on the north side of branch; thence south
eighty-four degrees fifty feet east two hundred and sixty-four feet
to the corner of Glade land company and Franklin avenue, on the
east side of First street; thence with the north side of Franklin
avenue, south fifty-seven degrees thirty feet east one thousand two
hundred and forty-three feet to the line of N. J. Vinyard, monument
on east side of Fifth street; thence with said street, north thirty-
one degrees east three hundred fifty-six and five-tenths feet to a
monument at the intersection of two lanes; thence north forty-five
degrees fifteen feet east three hundred and forty and five-tenths
feet to a monument on south side of a fence in Gossard’s field,
north forty-five degrees ten feet east three hundred and sixty-one
feet to a monument on line of N. J. Vinyard and Henry Sheppard,
on west side of stone wall; thence north twenty-three degrees fifty
feet east seven hundred and twenty-nine feet to a monument on
line of N. J. Vinyard and J. L. Harris; thence with Vinyard’s line,
south fifty-three degrees fifteen feet east four hundred fifteen and
four-tenths feet to a monument; thence south eighty-seven degrees
forty feet east four hundred and five feet to a monument; thence
south eighty-nine degrees thirty feet east nine hundred and seventy-
nine and five tenths feet to a monument on east side of road leading
to N. J. Vinyard’s residence, north eighty-six degrees thirty feet
east one hundred and forty-two feet to monument on south side
of Bedford road; thence crossing said road (and following along
east side of alley, and crossing Cleveland street at six hundred and
thirty feet), north thirty-three degrees fifty feet east seven hundred
sixty-nine and five-tenths feet to a monument at corner of Pedigo
addition and Preston lands; thence a straight line north eleven
degrees fifty feet east one thousand eight hundred and forty-four
feet, crossing Washington street at one thousand one hundred
feet and passing northeast corner of Mister Upson’s residence, to
a monument on the south side of Bedford road, at the mouth of
Preston’s lane; thence crossing Bedford road and through the lands
of S. E. McGuire, north forty-one degrees thirty feet east one thou-
sand and eighteen feet to a monument on north side of county road;
thence with said road, three lines as follows: north fifty-five de-
grees west two hundred twenty-two and five-tenths feet, north
seventy-four degrees fifty feet west seven hundred and fifty-one and
five-tenths feet, north eighty-six degrees thirty feet west six hun-
dred and sixty-one and five-tenths, north eighty-two degrees forty-
five feet west three hundred and fifty-five feet; thence a straight
line, north sixty-eight degrees forty-five feet west three thousand
five hundred and forty-five feet to the beginning, which said de-
scription, by metes and bounds, embraces the present boundaries of
the town of Vinton, as fixed by a survey and map made in accord-
ance with the general laws, and which shall constitute the town of
Vinton, in the county of Roanoke, Virginia, and by that name shall
have perpetual succession, may sue and be sued, in any by that
name, and the said town and the inhabitants thereof, in addition to
the powers conferred upon towns of less than five thousand inhabi-
tants by the general laws of the State of Virginia, shall have and
exercise the following powers and privileges:

POWERS

4. Powers of the town of Vinton.—In addition to the powers
mentioned in section two hereof, the said town of Vinton shall
have the following powers:

(1) To raise annually taxes and assessments in said town such
sums of money as the council thereof shall deem necessary for the
purposes of said town, and in such manner as said council shall
deem expedient, in accordance with the Constitution of this State
and of the United States; provided, however, that it shall impose
no tax on the bonds of said town.

(2) To impose special or local assessments for local improve-
ments and enforce payment thereof, subject, however, to such
limitations prescribed by the Constitution and laws of Virginia
as may be in force at the time of the imposition of such special
or local assessments.

(3) Subject to the provisions of the Constitution of Virginia,
and of this charter, to contract debts, borrow money and make and
issue evidences of indebtedness.

(4) To expend the money of the town for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation, or
otherwise, property, real or personal, or any estate or interest there-
in, within or without the town for any of the purposes of the town;
and to hold, improve, sell, lease, mortgage, pledge or otherwise
dispose of the same or any part thereof, including any property
now owned by the town. ,

(6) To acquire, in any lawful manner, for the purpose of en-
couraging commerce, manufacture, education, and the building ot
homes, lands within and without the town, not exceeding at any
one time one thousand acres in the aggregate, and from time to
time, to sell, dispose of, lease, or donate the same or any part
thereof for commercial, industrial, educational, or residential uses
and purposes, including any land now owned by the town, and
including the power to donate any land now or hereafter owned by
the town for hospital purposes.

(7) To make and adopt a comprehensive plan for the town,
and to that end all plats and re-plats and subdividing any land
within the town into streets, alleys, roads, and lots or tracts shall
be submitted to and approved by the council before such plats or
re-plats are filed for retord or recorded in the office of the clerk
of the circuit court of the county of Roanoke.

(8) To construct, maintain, regulate and operate public 1m-
provements of all kinds, including municipal and other buildings,
armories, jail, comfort stations, markets, and all buildings and
structures necessary or appropriate for the use and proper opera-
tion of the various departments of the town; and to acquire by
condemnation or otherwise all lands, riparian and other rights and
easements necessary for such improvements, or any of them.

(9) To own, operate and maintain water works and to purchase
water therefor from any company or companies which may have the
same for sale and distribution, and to acquire in any lawful manner
in any county of the State such water, lands, property rights and
riparian rights as the council of said town may deem necessary for
the purpose of providing an adequate water supply for said town
and of piping or conducting the same; to lay all necessary mains
and service lines, either within or without the corporate limits of
said town for the distribution of water to its customers and con-
sumers, both within and without the corporate limits of the said
town, and to charge and collect water rents therefor; to erect and
maintain all necessary dams, pumping stations and other works in
connection therewith; to make reasonable rules and regulations for
promoting the purity of its water supply and for protecting the
same from pollution; and for this purpose to exercise full police
powers and sanitary patrol over all lands comprised within the
limits of the watershed tributary to any such water supply wherever
such lands may be located in this State; to impose and enforce ade-
quate penalties for the violation of any such rules and regulations;
and to prevent by injunction, any pollution or threatened pollution
of such water supply and any and all acts likely to impair the
purity thereof; and for the purpose of acquiring lands, interest in
lands, property rights and riparian rights or materials for any such
use to exercise within the State all powers of eminent domain pro-
vided by the laws of this State; provided, that the lands which may
be held in this State by said town for such purpose shall not exceed,
in the aggregate, ten thousand acres, at any one time. For any of
the purposes aforesaid said town may, if the council shall so deter-
mine, acquire by condemnation, purchase or otherwise, any estate
or interest in such lands or any of them in fee, reserving to the
owner or owners thereof such property rights or easements therein
as may be prescribed in the ordinance providing for such condemna-
tion or purchase.

(10) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the said town, for
the generating of electricity and the manufacture of gas for illumi-
nating, power and other purposes, and to supply the same, whether
said gas and electricity be generated or purchased by said town, to
ts customers and consumers, both within and without the corpo-
rate limits of the said town, at such price and upon such terms as it
may prescribe, and to that end it may contract with owners of land
and water power for the use thereof, or may have the same con-
demned, and to purchase such electricity and gas from the owners
thereof, and to furnish the same to its customers and consumers.
both within and without the corporate limits of the said town at
such price and on such terms as it may prescribe.

(11) To exercise the power of eminent domain for the purpose
of acquiring or taking any or all spring, springs, water supplies,
pipe lines, reservoirs, land, property, easements, contracts, con-
tract lights, property rights, riparian rights, or any interest or in-
terests therein, in the State of Virginia, now or hereafter owned
by any private quasi-public service, or. public service corporation,
incorporated under the laws of Virginia, or any other State for
the purpose of supplying, or supplying the town of Vinton, or its
inhabitants, with water, notwithstanding any provision to the
contrary in section thirty hundred and thirty-one, or other section,
or sections of the Code of Virginia.

(12) To establish, impose and enforce the collection of water,
light and sewerage rates, and rates and charges for public utility, or
other service, products, or conveniences, operated, rendered, or
furnished by the town; and to assess, or to cause to be assessed,
water, light and sewerage rates and charges directly against the
owner or owners of the building, or against the proper tenant or
tenants, and may, by ordinance, provide that where charges are
made against tenants, the owner or owners shall be directly liable
in case such tenant or tenants fail to pay when the rates or charges
are assessed; and in event such rates and charges shall be assessed
against the tenant then the said council may, by an ordinance
require of such tenant a deposit of such reasonable amount as maj
be by such ordinance prescribed before furnishing such services t
such tenant.

(13) To establish, open, widen, extend, grade, improve, con
struct, maintain, light, sprinkle and clean, public highways, streets
alleys, boulevards and parkways, and to alter or close the same
to establish and maintain parks, playgrounds and such publi
grounds; to construct, maintain and operate bridges, viaducts, sub
ways, tunnels, sewers and drains, and to regulate the use of al
such highways, parks, public grounds and works; to plant an
maintain shade trees along the streets and upon such publi
grounds; to prevent the obstruction of such streets and highways
abolish and prevent grade crossings over the same by railroad
in the manner prescribed by general law for elimination of grad
crossings; to require any railroad company operating a railroa:
at the place where any highway or street is crossed within th
town limits to erect and maintain at such crossing any style o
gate deemed proper and keep a man in charge thereof, or keep a
flagman at such crossing, during such hours as the council may
require, in accordance with the provisions of section thirty-nine
hundred and ninety-eight and other sections of the Code of Vir-
ginia; and to regulate the length of time such crossings may be
closed, due to any operations of the railroads; to regulate the
operations, weight of load, and speed of all cars and vehicles using
the same, as well as the operation and speed of all engines, cars
and trains, or railroads within the town; to regulate the service to
be rendered, including route traversed, and rates charged by buses,
motor cars, cabs and other vehicles for carrying passengers and by
vehicles for the transfer of baggage; to permit railroads and street
car lines to be built in the streets and alleys, and to determine and
designate the route and grade thereof; and to specify and require
the proper construction and maintenance of the streets between
the rails and on either side thereof for such distances as such streets
may he affected by the construction, operation, repair or mainte-
nance of such railroads or street car lines, and to require the re-
construction of so much of said street as may be damaged by the
removal of such railroad or street car line; to permit or prohibit
poles and wires for electric, telephone and telegraph purposes, to be
erected and gas pipes to be laid in the streets and alleys, and to
prescribe and collect an annual charge for such privileges, hereto-
fore or hereafter granted; to require the owner or lessee of any
electric light, telephone or telegraph pole, or poles or wires now in
use or hereafter erected, to change the location or move the same;
to open, lay out, and improve new streets across the track or tracks,
yard or yards, of any railroad in the town, and any such new or
existing street or streets may cross any such track or tracks, of
any railroads in the town, in the discretion of the council, either
at grade, or pass above or below any such existing structure or
structures; provided, that after due notice to such railroad com-
pany and full opportunity to be heard, and atter the council shall
nave decided whether such crossing shall be made at grade, or
bass above or below any such existing structure or structures, the
olans and specifications for such crossing, as the council shall have
Jetermined upon, shall be submitted to the principal agent of such
‘allroad company in the town, and in the event the town and rail-
‘oad company cannot, within sixty days thereafter agree upon
uch plans and specifications, or cannot agree in regard to the
livision of the cost of constructing such crossing, then the town
hall submit such plans and specifications to the State corporation
‘commission, and the State corporation commission, after reason-
ible notice to such railroad company and after hearing such evi-
lence as either party may adduce, shall approve, or revise and ap-
rove, the plans for such crossing as the council shall have deter-
nined shall be made, or substitute such other plans or character
f crossing, whether at grade, overhead or underpass, as the State
to remove or require to be removed or reconstructed any building,
structure or addition thereto which by reason of dilapidation,
defect of structure, damage by fire, or other causes, may have be-
come dangerous to life or property, or which may be erected con-
trary to law; to establish and designate, from time to time, fire
limits, within which limits wooden buildings shall not be con-
structed, removed, added to, enlarged or repaired, and to direct
any or all future buildings within such limits shall be constructed
of stone, natural or artificial, concrete, brick, iron or other fireproof
materials; and may enact stringent and efficient laws for securing
the safety of persons from fires in halls and buildings used for
public assemblies, entertainments or amusements.

(24) To charge and to collect fees for permits to use public
facilities and for public services and privileges.

(25) To provide for the care, support and maintenance of chil-
dren and of sick, aged, insane or poor persons and paupers.

(26) To provide and maintain, either within or without the
town, charitable, recreative, curative, corrective, detentive or penal
institutions.

(27) To prevent any person having no visible means of sup-
port, paupers and persons who may be dangerous to the peace or
safety of the town, from coming to said town from without the
same; and for this purpose to require the owner of any conveyance
other than a common carrier bringing such person to the town
to take such person back to the place whence he was brought, or
enter into bond with satisfactory security that such person shall
not become a charge upon said town within one year from the date
of his arrival; and also to expel therefrom any person who has
been in said town less than six months; also to expel from the town
all persons found therein dangerous to the peace, safety, and wel-
fare of the town, or any person who may be advocating the over-
throw of the federal, State, or municipal government by force or
violence or inciting the people, or any of them, to riot, or to any
unlawful effort against the social, governmental, industrial, educa-
tional or moral welfare of the people.

(28) To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same,
inspect all food and foodstuffs and prevent the introduction and sale
in said town of any articles or thing intended for human consump-
tion, which is adulterated, impure or otherwise dangerous to health,
and to condemn, seize and destroy or otherwise dispose of any such
article or thing without liability to the owner thereof; prevent the
introduction or spread of contagious or infectious diseases, and pre-
vent and suppress disease generally; to provide and regulate hospi-
tals within or without the town limits, and if necessary to the
suppression of diseases, to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided for
them; to construct and maintain or to aid in the construction and
maintenance of a hospital or hospitals for the use of the people of
the town; to provide for the organization of a department or bu-
reau of health, to have the powers of a board of health for said
town, with the authority necessary for the prompt and efficient
performance of its duties, with power to invest any or all the off-
cials or empioyees of such departments of health with such powers
as the police officers of the town have, to establish quarantine
ground within or without the town limits, and such quarantine reg-
ulations against infectious and contagious diseases as the council
may see fit, subject to the laws of the State and of the United
States.

(29) To acquire by purchase, gift, devise, condemnation or
otherwise, lands, either within or without the town, or both, to be
used, kept and improved as a place for the interment of the dead,
and to make and enforce all necessary rules and regulations for the
protection and use thereof; and generally to regulate the burial and
disposition of the dead.

(30) To accept and receive, unconditionally or upon conditions,
absolutely or in trust, gifts, grants, bequests and devises of any
kind of property, real or personal, for educational, charitable or
other public purposes; and to do all the things and acts necessary
to carry out the purposes of such gifts, grants, bequests, and de-
vises, with power to manage, maintain, operate, sell, lease or other-
wise handle or dispose of the same, in accordance with the terms
and conditions of such gifts, grants, bequests and devises.

(31) To acquire by purchase, gift, devise or condemnation prop-
erty adjoining its parks, or lots on which its monuments are located,
or other property used for public purposes, or in the vicinity of
such parks, plats or property which are used and maintained in
such a manner as to impair the beauty, usefulness or efficiency of
such parks, plats or public property; and may likewise acquire
property adjacent to any street, the topography of which, from its
proximity thereto, impairs the convenient use of such street, or
renders impracticable, without extraordinary expense, the im-
provement of the same, and the town may subsequently dispose
of the property so acquired, making limitations as to the use there-
of, which will protect the beauty, usefulness, efficiency or con-
venience of such parks, plats and property.

And when the town proposes to open or widen a street, or
change the channel of a creek, by taking any part of a block or
square in such manner that the value of the property abutting the
proposed street or creek would be injuriously affected, unless the
property on such block or square is replatted and the property line
or lines readjusted, then and in that event the town at the same
time it acquires the land for said street or creek channel may, in its
discretion, also acquire by purchase, gift, condemnation or other-
wise, all or any part of the property on such squares or blocks and
may subsequently replat and dispose of the property so acquired,
in whole or in part, making such limitations as to the uses thereof
as it may see fit.

(32) To exercise full police powers and establish and maintain
a department or division of police.

(33) To restrain and punish drunkards, vagrants and street
beggars; to prevent vice and immorality; to preserve the peace and
good order; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses;
to prevent and punish lewd, indecent and disorderly exhibitions in
said town; and to expel therefrom persons guilty of such conduct
who have not resided therein as much as one year.

(34) 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.

(35) To make and enforce ordinances similar to the prohibi-
tion laws of the State, which are now or may hereafter be enacted
by the said State.

(36) To establish, maintain and operate a market or markets
in and for said town; to prescribe the times and places for holding
the same; and to make and enforce such regulations as shall be
necessary to prevent huckstering, forestalling or regrating.

(37) To provide for the development of power and light and
the distribution and sale of same, and to construct, own, maintain,
and operate facilities necessary thereto, and to acquire by con-
demnation or otherwise, within or without the town, land, interests
in land, water, power sites, easements, property, and property
rights necessary for such purpose.

(38) To do all things whatsoever necessary or expedient for
promoting or maintaining the general welfare, comfort, education,
morals, peace, government, health, trade, commerce or industries of
the town; or its inhabitants.

(39) To prescribe any penalty for the violation of any town
ordinance, rule or regulation or of any provisions of this charter,
not exceeding five hundred dollars or twelve months imprisonment
in jail, or both.

(40) To pass and enforce all by-laws, rules, regulations and
ordinances not repugnant to the Constitution and laws of the State,
which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its
affairs, the peace, comfort, convenience, order, morals, health and
protection of its citizens or their property; and to do such things
and pass such other laws as may be necessary or proper to carry
into full effect and power, authority, capacity, or jurisdiction, which
is or shall be granted to or vested in said town, or in the council,
court, or officers thereof, or which may be necessarily incident to
a municipal corporation.

(41) Upon a two-thirds vote of all the members of the said
council, the said council shall have the right to lay a levy of not
more than ten cents on the hundred dollars valuation of all prop-
erty, real and tangible, in the said town subject to town levies, and
to pay the same to the school board of Roanoke county to be used
by the said school board only for the purpose of supplementing
the tuition that may be chargeable against any student or students
attending any high school located within the said county.

The town of Vinton may maintain a suit to restrain by injunc-
tion the violation of any ordinance notwithstanding punishment
may be provided for the violation of such ordinance.

ADMINISTRATION AND GOVERNMENT

5. The administration and government of the town of Vinton
shall be vested in one principal officer, styled the mayor, and one
board, composed of six persons styled the council of the town of
Vinton, together with a commissioner of the revenue, a clerk,
treasurer and a chief of police, whose qualifications to hold such
offices, respectively, shall be the same as is required of persons to
vote and hold office under the Constitution and laws of the State
of Virginia. Vacancies in the council shall be filled within thirty
days, for the unexpired term, by majority vote of the remaining
members thereof.

6. Only the mayor and councilmen in office at the time of the
passage of this act, shall continue in office until the first day of
September, nineteen hundred and twenty-eight, or until their suc-
cessors are elected and qualified. The election for mayor and
councilmen shall be held on the second Tuesday in June, nineteen
hundred and twenty-eight, and every second year thereafter. And
the mayor and the councilmen elected under this act shall enter
upon the duties of their respective offices the first day of September
succeeding their election.

7. The mayor and other municipal officers of said town, before
entering upon the duties of their respective offices, shall be sworn
in according to the laws of the State by anyone authorized to
administer oaths.

8. The council shall fix the salary of the mayor, clerk, commis-
sioner of the revenue, treasurer and sergeant, which shall not be
increased or diminished during their term of office; and all fees
and costs charged and collected on the trial of all cases by the
mayor, both civil and criminal cases, shall be paid into the treasury
of the town of Vinton, and the mayor shall have no personal
pecuniary interest therein.

9. The council may, in its discretion, appoint a board of health
for the town and invest it with authority for the prompt and ef-
ficient performance of its duties.

10. The council shall, by ordinance, fix the time of its meetings.
It shall have authority to adopt such rules as it may deem proper
for the regulation of its proceedings and compel the attendance of
its members, and to punish its members for misconduct, and by a
vote of three-fourths of the whole council expel a member for good
cause.

11. A majority of the council shall constitute a quorum for the
transaction of business; but no ordinance or resolution shall be
adopted, having for its object the levying of taxes or appropriation
of moneys, except by a vote of two-thirds of the council. The
mayor shall preside at all meetings of the council, and in the ab-
sence or inability of the mayor the members of the council present
shall elect one of their body to preside over said meetings, but the
mayor or presiding officer over said meetings shall not be entitled
to vote, except in case of a tie.

12. Limitations on powers and disqualifications.—(a) Any mem-
ber of the council who shall have been convicted of a felony while
in office shall thereby forfeit his office.

(b) No member of the council or other officer shail be interested
directly or indirectly in the profits of any contract of work, or be
financially interested, directly or indirectly, in the sale to the town
of any land, materials, supplies, or service (other than official serv-
ices). Any member of the council, or any other officer of the town.
offending against the provisions of this section, shall upon convic-
tion thereof, be fined not more than five hundred dollars or be im-
prisoned not more than thirty days, or both, in the discretion of the
court, and shall forfeit his office. The prohibitions of this section
shall not apply if the council shall declare by unanimous vote ot
the members thereof that the best interests of the town are to be
served despite a personal interest, direct or indirect.

13. Organization rules of the council—(a) At nine o'clock, ante
meridian, on the first day of September following a regular munici-
pal election, or if such day be a Sunday, then on the day following.
the council shall meet at the usual place for holding the meetings
of the council of the town, at which time the newly elected council-
men, after first having taken the oaths prescribed by law, shall
assume the duties of their office. Thereafter the council shall meet
at such times as may be prescribed by ordinance or resolution, ex-
cept that they shall regularly meet not less than once each month.
The mayor, or any two members of the council, may call special
meetings of the council, at any time (at least twelve hours). or
written notice, with the purpose of said meeting stated therein, to
each member, served personally or left at his usual place of busi
ness or residence; or such meeting may be held at any time without
notice, provided, all members of the council and the mayor attend.
No business other than that mentioned in the call shall be con-
sidered at such meeting.

(b) All meetings of the council shall be public and any citizen
may have access to the minutes and records thereof at all reasonable
times.
(c) The mayor shall appoint the members of such boards, com-
mittees and commissions as are necessary for the conduct of its
municipal affairs and for the government of the town. The mayor
may appoint all such other boards, committees and commissions
as may be deemed proper, and the council shall prescribe the powers
and duties thereof. The council may determine its own rules of
procedure, may punish its own members for misconduct and may
compel attendance of members. It shall keep a journal of its pro-
ceedings. A majority of all members of the council shall constitute
a quorum to do business, but a smaller number may adjourn from
time to time, and compel the attendance of absentees. All elections
by the council shall be viva voce and the vote recorded in the
journal of the council.

14. Powers of mayor.—The mayor shall preside at the meetings
of the council and perform such other duties consistent with his
office as may be imposed by the council but he shall have no vote
in the proceedings, except that of veto, or in the case of a tie. He
shall be the official head of the town, and he shall be clothed with
all the powers and authority in civil and criminal matters as may be
prescribed by the laws of the State. In times of public danger, or
emergency, he may take command of the police and maintain order
and enforce the laws, and for this purpose, may deputize such
assistant policemen as may be necessary. During his absence or
disability, his duties shall be performed by another member elected
hy the council. He shall authenticate by his signature such instru-
ments as the council, this charter, or the laws of the State shall re-
quire.

15. Appointments or elections——Upon the passage of this act,
and thereafter on the first day of September following each regular
municipal election and organization of the council, or as soon there-
after as may be practicable, the council shall elect a town clerk, a
town treasurer, a town commissioner of the revenue, a town attor-
nev anda chief of police, and such other officers as may come within
their jurisdiction, each of whom shall serve at the pleasure of the
council; provided, that the council may elect the town clerk. town
treasurer and town attorney for terms of one year each, beginning
September first, subject to removal by the council for cause; and
in no event shall the council elect any officer for a term extending
bevond the thirty-first day of August next succeeding each regular
biennial municipal election for members of the council.

ORDINANCES

16. Legislative procedure.—FExcept in dealing with parliament-
ary procedure the council shall act only by ordinance or resolution,
and with the exception of ordinances making appropriations, or
authorizing the contracting of indebtedness, shall be confined to
one subject.
17. Enactments.—(a) Each proposed ordinance, or resolution.
shall be introduced in a written or printed form, and the enacting
clause of all ordinances passed by the council shall substantially
be, “be it ordained by the council of the town of Vinton, Virginia.”

(b) No ordinances, or resolution having the effect of an ordi-
nance, or resolution suspending an ordinance, unless it be an
emergency measure, shall be passed until it has been read at two
meetings not less than one week apart, one of which shall be a
regular meeting and the other of which may be either an adjourned
or called meeting, provided the requirements of a second reading
by the affirmative vote of four members of the council may he con-
fined to the reading of the title only. Any ordinance or resolution
read at one such meeting may be amended and passed as amended
at the next such meeting, provided that the amendment does not
materially change the ordinance. No ordinance shall be amended
unless such section or sections as are intended to be amended shal!
be re-enacted. The ayes and noes shall be taken and recorded upon
the passage of all ordinances or resolutions and entered upon the
journal of the proceedings of the council. Except as otherwise pro-
vided in this charter an affirmative vote of a majority of the mem-
bers elected to the council shall be necessary to adopt any ordinance
or resolution.

18. Emergency measures.—(a) No ordinance passed by the
council shall take effect until at least thirty days from the date of
its passage, except that the council may, by the affirmative vote of
two-thirds of its members, pass emergency measures to take etfect
at the time indicated therein.

(b) An emergency measure is an ordinance for the immediate
preservation of the public peace, property, health or safety, or pro-
viding for the daily operation of a municipal department. The
emergency shall be stated in every such measure. Ordinances ap-
propriating money may be passed as emergency measures, but no
measure, selling or conveying any real estate or making a grant.
renewal, or extension of a franchise or other special privilese or
regulating the rate to be charged for its service by any public
utility, shall ever be so passed.

19. Record and publication.—(a) Every ordinance, or resolution
having the effect of an ordinance, when passed shall be recorded bv
the town clerk in a book kept for that purpose, and shall be authen-
ticated by the signature of the presiding officer and the town clerk.

(b) Every ordinance of a general or permanent nature shall be
published in full once within ten days after its final passage hv
posting a copy thereof at the front door of the municipal building
and at two other public places in the town, or when ordered by the
council by publication in a newspaper published or circulated in
the town for such time as the council may direct; provided. that
the foregoing requirements as to publication shall not apply to
ordinances reordained in or by a general compilation or codification
of ordinances printed by authority of the council.

(c) A record or entry made by the town clerk, or a copy of such
record or entry when certified by him shall be prima facie evidence
of the terms of the ordinance and its due publication.

All ordinances and resolutions of the council may be read as
evidence in all courts and in all other proceedings in which it may
be necessary to reter thereto, either from the original record therecf,
from a copy thereof certified by the town clerk, or from any volume
of ordinances printed by authority of the council.

20. Printing.—The council shall, from time to time, direct the
publication, with suitable index, of the town ordinances.

21. Municipal elections —A municipal election shall be held on
the second Tuesday in June of every second year, beginning with
the year nineteen hundred and twenty-eight, and shall be known
as the regular municipal election for mayor and councilmen. All
other municipal elections that may be held shail be known as special
municipal elections.

Nothing in the laws of the State applying to party registration,
enrollment or other party procedure, shall apply to registrations,
nominations, and elections held hereunder. Except as herein other-
wise provided, registration, nominations and elections held under
this charter shall be in accordance with the general laws of the
State.

22. Method of conducting municipal elections —The candidates
at any regular municipal election for the election of mayor or
councilmen, equal in number to the places to be filled, who shall
receive the highest number of votes at such election, shall be de-
clared elected.

In any such election each elector shall be entitled to vote for
as many persons as there are vacancies to be filled, and no more;
and no elector shall in such election cast more than one vote for the
same person.

In counting the vote any ballot found to contain a greater num-
ber of names for the office of mayor or councilmen, than the num-
ber of vacancies in the council to be filled, shall be void, but no
ballot shall be void for containing a less number of names than is
permitted hereby.

ADMINISTRATIVE DEPARTMENTS

23. Enumeration of departments.—The following administrative
departments are hereby created:

(a) Department of finance.

(b) Department of fire.

(c) Department of law.

(d) Department of lights.

(e) Department of public property.
({) Department of sewers.

(g) Department of water.

24. Chairman of departments.—(a) At the head of each depart-
ment the mayor shall appoint a chairman. Unless and until the
council shall otherwise provide by ordinance the town attorney
shall be the chairman of the department of law.

(b) The council shall by ordinance prescribe and determine the
functions and duties of each department and may create new de-
partments, or combine existing departments and establish new
departments for special work, when, in its opinion, the proper
administrations of the town requires it.

25. The town clerk.—(a) The town clerk shall be elected in the
manner and for the term provided by this charter. He shall be the
clerk of the council, shall attend all meetings thereof, and shall keep
a permanent record of its proceedings. He shall keep all papers.
documents and records pertaining to the town of Vinton, the
custody ot which is not otherwise provided for.

(b) He shall be custodian of the town seal, and shall afhx it to
all documents and instruments requiring the seal, and shall attest
the same. He shall give to the proper department or officials
ample notice of the expiration or termination of any franchises,
contracts or agreements.

(c) He shall, upon final passage, transmit to the proper depart-
ments or officials copies of all ordinances or resolutions of the coun-
cil relating in any way to such officials. He shall perform such
other duties as are required by this charter or by the council by
ordinance or resolution.

-6. The town treasurer.—(a) The town treasurer shall be the
disbursing agent of the town and have the custody of all moneys,
the town clerk’s bond and all evidences of value belonging to the
town or held in trust by the town.

(b) He shall receive all moneys belonging to and received by
the tewn and keep a correct account of all receipts from all sources
and expenditures of all departments. He shall collect all taxes, and
assessments, light bills, water rents, and other charges belonging
to and payable to the town, and for that purpose he is hereby vested
with anv and all powers which are now or may hereafter be vested
in county and city treasurers for the collection of county, city and
State taxes under the general law.

(c) He shall pay no money out of the treasury except in the
manner prescribed in this charter.

(d) He shall keep and deposit all moneys or funds in such man-
ner and only in such places as may be determined by ordinance
or by the provisions otf the law applicable thereto.

(ce) He shall be subject to the supervision of the council of the
town of Vinton and shall perform such other duties not inconsistent
with his office, have such powers and be liable to such penalties as
are now or may hereatter be prescribed by law or ordinance.
(f) He shall make all such reports and perform such other
duties not inconsistent with his office as may be required by the
mavor or by ordinance or by resolution of the council.

(gz) The said treasurer shall not be entitled to any commission
whatsoever for handling the funds of the town, but he shall be paid
tor his services as such treasurer such salary as may be provided
by the said council.

(h) He shall as soon as the commissioner of the revenue com-
pletes the land and personal property books take the said books
and carefully audit the same, and compare them with the books of
the previous year. The land book shall be compared with the
assessor's book lodged in the clerk’s office of Roanoke county, and
the personal property book shall be compared with the books of the
previous year, and the said treasurer shall procure a copy of the
poll books used in the election next preceding the assessment from
which said books were made, and he shall ascertain which of the
citizens and voters, if any, have not been assessed by the commis-
sioner of the revenue, and the list of those not assessed shall be
laid before the town council at its next meeting. The said treas-
urer shall examine said books and see that the amount of tax is
correctly extended in accordance with the rate of taxation at that
time in force, and the columns of said book shall be carefully
audited and the errors therein, if any, shall be corrected. The
commissioner of the revenue is required to be present and render
the treasurer such assistance as he may desire, and in case of a
disagreement between the commissioner and the treasurer, the
finance committee, shall, upon being notified, at once determine
the question in dispute; when said books are corrected and audited
the total thereof shall be charged to the town treasurer on his ac-
count. The treasurer shall take the delinquent lists and lay the
same before the finance committee, and it shall be the duty of said
finance committee to carefully examine said delinquent report of
both real and personal tax. If said treasurer has returned any tax,
either real or personal, delinquent that should not under the pro-
visions of the ordinances of the town have been returned delinquent,
the finance committee shall refuse to allow him credit therefor and
shall strike from the delinquent report any and all such taxes; after
said report has been corrected as herein provided, the treasurer
will be credited with the amount of the same.

(1) He shall perform such other duties as may be required of
him by this charter or by the council.

(j) Unless and until otherwise provided by ordinance the duties
of the offices of town clerk and town treasurer shall be performed
by one official.

27. The town attorney.—(a) Together with the mayor, the
town attorney shall have the management, charge and entire con-
trol of all the law business of the town and shall be the legal
advisor of, and the attorney and counsel for the municipality and

all its officers in matters relating to their official duties, he shall
give written opinions to any officer or department or official of the
town, when requested so to do, and shall file a copy of the same
with the town clerk.

(b) He shall conduct for the town all cases in court whenever
the town is a party thereto, and upon request of the mayor he shall
appear before the mayor to represent the town for violations of
town ordinances.

(c) He shall prepare or officially pass upon all contracts, bonds
and instruments in writing in which the town is concerned, and
shall certify before execution as to the legality and correctness
thereof.

(d) He shall perform such other duties as may be prescribed by
this charter or by the council.

28. The commissioner of revenue.—The commissioner of revenue
shall, subject to the supervision of the finance committee, perform
such duties as may be required by the laws of the State and the
ordinances of the town, in relation to the assessment of property
and license taxes.

(b) He shall have power to administer oaths in the performance
of his official duties.

(c) He shall perform such other duties not inconsistent with
his office as may be prescribed for him in this charter, by the finance
committee or by the council.

29. The purchasing agent.—(a) The town council shall desig-
nate a purchasing department composed of at least two members
of the council, by whom all purchases of supplies for the town shall
be made, and who shall approve all vouchers for the payment of
same. The said department shall also conduct all sales of per-
sonal property that may be of no further use to the town.

(b) All purchases and sales shall conform to such regulations
as the council may from time to time prescribe, but in either case
opportunity for competition shall be given if the amount involved
is in excess of two hundred dollars, except in case of emergency.

FINANCIAL PROVISIONS

30. Finance committee.—The finance committee shall have di-
rect supervision over the department of finance and administration
of the financial affairs of the town, including the keeping of ac-
counts and financial records, the collection of taxes, special as-
sessments and other revenues, the custody and disbursements of
town funds and monies, and shall perform such other duties as the
council may by ordinance provide.

31. The annual budget.—Not later than sixty days before the
end of each fiscal year, the finance committee shall prepare and
submit to the council an annual budget for the ensuing fiscal year,
based upon detailed estimates furnished by the several departments
and other divisions of the town government, according to a classi-
fication as nearly as possible uniform, and in accordance with the
statute laws of the State.

32. Public improvement contracts, et cetera——Any public work
or improvement, costing more than one thousand ($1,000.00) dol-
lars, shall be executed by contract, except where a specific work of
improvement is, by the council, authorized and directed to be done
by force account, such work to be based on detailed estimates sub-
mitted by the department authorized to execute such work or im-
provement, and approved by the council. All contracts for more
than one thousand dollars shall be awarded to the lowest respon-
sible bidder in such manner and under such bond as may be pre-
scribed by ordinance and after the mayor shall have made due
advertisement for such time as the council may prescribe, by news-
paper or posted notices. But the mayor shall have the power to
reject all of the bids and advertise again; and all advertisements
shall contain a reservation of this right.

In an emergency requiring immediate action the council may
proceed to do the work by procuring the required labor and ma-
terials without the necessity of advertising.

33. Sinking fund provision.—(a) There shall be set apart an-
nually from the revenues of the town a sinking fund equal to one
per centum on the aggregate outstanding debt of the town, which
by its terms is not payable within one year, and the council may,
in its discretion, annually or from time to time, set aside such
additional sinking fund as may be deemed proper.

(b) When the taxes on real and personal property are collected
each year the town treasurer shall take therefrom the said one per
centum and such additional sum, if any, so set apart, and deposit
the same in a separate account to the credit of the sinking fund
in such bank or banks as the council may designate; and the said
council may, if it shall so elect, cause its sinking fund to be loaned
on improved real estate situated within the State, and secure the
same by first mortgage liens thereon, provided such funds shall
not be loaned at a greater rate than fifty per centum of the fair
market value of such real estate.

(c) All sinking funds shall be used exclusively in the payment
or purchase and redemption of the outstanding bonds of the town,
and when such sinking funds are not required or may not within
a reasonable time be required for the payment of any bond of the
town, or cannot be used to advantage in the purchase and redemp-
tion of any bonds of the town, which may be outstanding, the same
shall be securely invested in interest bearing municipal, State or
government bonds or loaned upon otherwise unincumbered real
estate, within the State, upon a basis not exceeding fifty per centum
of the fair cash value of such real estate, or invested in other
securities approved by the general laws of the State for the in-
vestment of such funds, or deposited in bank on a reasonable rate
of interest. Such sinking funds may be used in the payment or
purchase and a redemption of all of its bonds.

(d) The council shall require of any bank or banks receiving
on deposit its revenues or any of its sinking fund a fidelity bond.

Section 34. Bond issues.—(a) The council may, in the name of
and for the use of the town, contract debts and make and issue, or
cause to be made and issued as evidence thereof, bonds, notes or
other obligations, upon the credit of the town, or solely upon the
credit of specific property owned by the town, or solely upon the
credit of income derived from property used in connection with any
public utility owned and operated by the town. But except as
provided in subsection’ (b) of this section no debt shall hereafter
be contracted for a longer period than that of the probable life of
the work or object for which the debt is to be contracted, to be
determined by the council. The probable life of no public improve-
ment shall be considered over thirty years, except that the possible
life of public buildings other than schoolhouses, may be forty years ;
concrete bridges, forty years; and parks or other real estate, fifty
years.

(b) Bonds issued for the refunding of previous issues shall in
no case be for a greater period than thirty years.

(c) In lieu, however, of creating a sinking fund, or sinking
funds, as in section thirty-three herein provided, the town may
issue bonds, called “serial bonds,” payable in annual installments,
the first of which shall be payable at any time the council may
prescribe in the ordinance authorizing the issue of such bonds;
and the last of which shall be payable within the period of the
probable life of the work or object for which the debt evidenced by
said bonds was created, ascertained and certified as hereinbefore
provided.

(d) Pending the issuance and sale of any bonds, notes or other
obligations by this section authorized, or in anticipation of the
receipt of taxes and revenues of the current fiscal year, it shall be
lawful for the town to borrow money temporarily and to issue
notes or other evidences of indebtedness therefor, and from time to
time to renew such temporary loans, or to use current funds, to
be ultimately repaid from the proceeds of said bonds, notes or other
obligations, or from the town taxes and revenues, as the case may
be; provided, that the proceeds of sale of bonds shall not be used,
except for the purposes set out in this subsection, or for permanent
improvements and utilities or refunding matured issues, unless ap-
proved by vote of the people.

(e) Restrictions on loans and credits.—The credit of the town
shall not directly, or indirectly, under any device or pretense what-
soever, be granted to or in aid of any person, association or corpo-
ration. The council shall not issue any bonds, notes or other
obligations of the town, or increase the indebtedness thereof, to an
amount greater than eighteen per centum of the assessed valuation
of the real estate in the town, subject to taxation; provided, how-
ever, that in determining the limitation of the power of the town
to incur indebtedness there shall not be included the classes of in-
debtedness mentioned in subsections (a) and (b) of section one
hundred and twenty-seven of the Constitution of the State.

({) Bonds based solely upon the credit of specific property
owned by the town, or solely upon the credit of income derived
trom property used in connection with any public utility owned or
operated by the town, shall be issued subject to this charter and
any law applicable thereto.

(g) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued, the
ageregate amount of the bonds, the term for which they shall be
issued, and the maximum rate of interest to be paid thereon. Any
such ordinance may be amended by ordinance at any time before
the bonds to be affected by such amendment have been sold. All
other matters relating to such bonds may be determined by resolu-
tion within the limitations prescribed by such ordinance or by this
charter.

(h) However, if there shall be omitted from this charter any
provision essential to the valid authorization, sale, execution and
issuance of any of the bonds of said town, the provisions of the
general law with reference to similar bonds shall supply said
omission.

(1) Any bonds issued by the town under this charter shall be
signed by the mayor and attested by the clerk under the seal of the
town, and shall be made payable at the office of the town treasurer
or such other place, in or out of the State, as the council may pro-
vide. Such bonds shall be advertised by the mayor and sold by
the town treasurer, under supervision of the mayor and clerk, and
the sale reported to and approved by the council, and the proceeds
rom said sale shall be paid to the town treasurer.

35. Appropriation ordinance and levy.—At not less than thirty
lays before the first Monday in the month of April of each year,
the finance committee shall submit to the council for its informa-
ton, a budget for the ensuing fiscal year, and on the first Monday
4 April in each year, the council shall lay its levy on all property,
eal and personal, subject to taxation for town purposes, and not
ater than September tenth following, the council shall pass its
innual appropriation ordinance.

36. Fiscal year.—Unless and-‘until otherwise provided by ordi-
lance, the fiscal year of the town of Vinton shall begin January
irst. and end December thirty-first.

37. Unencumbered balances.—At the close of each fiscal year,
upon the completion or abandonment at any time within the year
4! any work, improvement or other object for which a specific ap-
ropriation has been made, the unencumbered balance of such ap-
ropriation shall revert to the respective fund from which it was
appropriated, and shall be subject to further appropriation; pro-
vided, however, this does not prohibit the council from authoriz-
ing such transfer within a department as may be necessary to meet
unexpected obligations. No obligations shall be incurred by an
officer or employee of the town, except in accordance with the
appropriations made by the council or under continuing contracts
and loans authorized under the provisions of this charter.

38. Payments of claims.—Payments by the town shall be made
only upon vouchers certified to by the head of the appropriate
committee, or other division of the town government, and by means
of warrants on the town treasurer, issued by the treasurer and
countersigned by the mayor. The finance committee shall examine
all payrolls, bills and other claims and demands against the town
and no warrant shall be issued for payment unless he finds that
the claim is in proper form, correctly computed and duly certified;
that it is justly and legally due and payable; and that an appro-
priation has been made therefor which has not been exhausted, or
that the payment has been otherwise legally authorized; and that
there is money in the town treasury to make payment. He may
require any claimant to make oath to the validity of a claim. He
may investigate any claim, and for such purpose may examine
witnesses under oath, and if he finds it is fraudulent, erroneous or
otherwise invalid, shall not issue a warrant therefor.

39. Certification—-No contract, agreement or other obligation
involving the expenditure of money shall be entered into, nor shall
any ordinance, resolution or order for the expenditure of money be
passed by the council or be authorized by an officer of the town
unless the treasurer shall first certify to the council or to the proper
officer, as the case may be, that the money required for such con-
tract, agreement, obligation or expenditure is in the treasury or
safely assured to be forthcoming and available in time to comply
with or meet such contract, agreement, obligation or expenditure,
and no contract, agreement, or other obligation involving the ex-
penditure of money payable from the proceeds of bonds of the
town shall be entered into until the issuance and sale of such bonds
have been duly authorized in accordance with the provisions of this
charter in reference to town bonds.

40. Contingent fund.—Provision shall be made in the annual
budget and annual appropriation ordinance for a reasonable con-
tingent fund for use in any of the affairs of the town. Such con-
tingent fund shall be under the town council.

TAXATION

41. License taxes.—(a) License taxes may be imposed by ordt-
nance on businesses, trades, professions and callings and upon the
ciations and corporations engaged therein, and
“xcept in cases where taxation by the localities
hall be prohibited by the general law of the State, and nothing
1erein shall be construed to repeal or amend any general law, with
espect to taxation.

(b) The council may subject any person, who, without having
irst obtained a license therefor, shall do any act or follow any busi-
1eSs, occupation, vocation, pursuit, or calling in the town for which
1 license may be required by ordinance, to such fine or penalty as
t 1s authorized to impose for any violation of its laws.

(c) For every town license granted by the treasurer under this
~harter he shall charge a fee to be prescribed by an ordinance not
n excess of seventy-five cents, and for transferring a license, the
‘ee shall be fifty cents; all such fees shall be paid to the treasurer
xy the person obtaining the license or transfer and such license or
transfer may be withheld until the fees be paid into the town
treasury for town purposes, and the commissioner of revenue shall
be paid a salary in lieu thereof.

42. General taxes.—(a) The council may impose a tax of one
dollar per annum upon all residents of the town who have attained
the age of twenty-one years, except such persons as may be exempt
by law.

(b) The council may impose a tax upon every dog in the town
unless the general law of the State provides for such tax on behalf
of the town.

(c) The council of the town of Vinton is authorized to, and
shall annually, order a town levy for so much, as in their opinion,
is necessary to be raised in that way, in addition to what may be
received from licenses and from other sources, to meet the appro-
priation made and to be made and all sums required by law to be
raised for the purposes of the town. The levy so ordered may be
upon all persons in the said town above the age of twenty-one, not
exempt by law from the payment of the State capitation tax, and
upon any property therein subject to local taxation and not ex-
pressly segregated to the State for purposes of State taxation only,
and on such other subjects as may be at the time assessed with
State taxes against persons residing therein.

It is hereby expressly provided that said council shall, in its
discretion, be authorized to fix such annual levy on property sub-
ject to taxation in the town of Vinton, for town purposes, without
any limit as to the rate thereof, any provision of the general laws of
the State to the contrary notwithstanding, provided that said coun-
cil shall not fix such levy on property partially segregated to the
State for purposes of State taxation at a higher rate than is or may
be permitted by the general laws relating thereto.

(d) That all taxes, whether general or special, assessed upon
any land or lot in said town, are hereby declared to constitute a
lien upon such land or lot, as to general taxes and levies from the
commencement of the year for which they were assessed, and as
to special taxes and levies from the time assessed, and if the treas-

urer of the said town shall not be able, with due diligence, to col-
lect the said taxes by the first day of August of the year after the
same were assessed, he shall make out lists of such as cannot he
collected, in the same manner as county treasurers are required to
do in cases of delinquent State taxes, and present said lists to the
said council at its first regular meeting thereafter. The said coun-
cil shall examine said lists, and if approved, shall credit the said
treasurer with the amount of same, and shall have its clerk certity
a copy of said list to the county clerk of Roanoke county, to be by
him recorded in the current delinquent land book provided for the
record of delinquent taxes on real estate due the State, and shall
also certify a copy of the said list to the treasurer of Roanoke
county to be used by said treasurer in accordance with the law
regulating the sale of delinquent lands, and in the said book there
shall also be columns for the entering of the names of purchasers
and the amount and date of sales of the real estate sold by the said
county treasurer for delinquent taxes due the said town. This
record shall be held as notice of the lien thereof, and the said real
estate shall be liable for such tax as against creditors and pur-
chasers, or other persons into whose hands the said real estate may
pass. The said clerk shall be entitled for each entry of lots in said
record book to a fee of ten cents, and a fee of ten cents for the
entry of each name of purchasers, with date of sale, to be paid by
the town of Vinton, and a fee of twenty-five cents for each redemp-
tion entered, to be paid by the person redeeming the same, and to
be charged against and be a lien upon said land along with the
taxes and levies against same. When the county treasurer sells
the land for nonpayment of State taxes due the State, he shall in-
clude in such taxes the amount due the town, and he shall collect
and account for same, except where the State is the purchaser. It
the land is not delinquent for State taxes, he shall, nevertheless, sell
for the town taxes. The sales and report of sales and confirmation
of same shall be in all respects in accordance with the law con-
nected with and regulating the sales of delinquent lands for the
nonpayment of State taxes, and the said council shall charge the
treasurer with whatever may be due from him on account of said
sales, less a commission of ten per centum to the said treasurer.
No land or lot, or parts thereof, shall be sold for less than the
amount of taxes, levies, interest, penalties and costs, and if no bids shall
be received at such sale for said amount and the Commonwealth
is not the purchaser, the same shall be bid in and purchased by the
said treasurer for the said town, in which event the treasurer shall
execute to the said town a certificate of sale, in which the descrip-
tion and local situation of the property, the name of the persen
assessed with same, the amount of taxes, levies, interest, penalties
and costs, and the date of sale, shall be specified, and shall deliver
the same to the clerk of the council to be by him preserved, and
also to the county clerk of Roanoke county, to be by him recorded
in said book. Any one having the right to redeem said land may
redeem same within the time allowed by law, for the redemption
of real estate sold for delinquent taxes due the State, by paying to
the county clerk of Roanoke county the taxes, levies, penalties, in-
terest and costs due upon said land. At the expiration of the time
within which the said real estate may be redeemed, as provided
by law for the redemption of real estate sold for delinquent taxes
due the State, if same has not been redeemed, a deed shall be
executed to the purchaser other than the town of Vinton by the
county clerk of Roanoke county, according to the provisions of the
statute law, providing for the execution of deeds to purchasers of
delinquent lands sold for State taxes. The council of the said town
shall, after four months from the expiration of the time for the
redemption of such real estate as it may have under the terms of
this charter prescribed, have recorded in the deed book of the
clerk's office of the county clerk of Roanoke county the certificate
of sale made by the county treasurer and hereinbefore referred to,
with the oath of the said county clerk attached thereto, that the
said real estate has not been redeemed; and thereupon the said
town of Vinton shall acquire an absolute title to same; provided,
that four months’ notice of its intention to have such certificate
recorded shall be given to all persons having the right to redeem
the said real estate, and any one having such right may redeem the
same at any time before the expiration of said four months. The
said certificate, or record thereof, or a certified copy thereof, shall
e evidence of the facts therein stated, in all courts and other places
f this Commonwealth; provided, however, that the failure to ob-
ain or record such certificate shall not affect the lien of the town
t Vinton for the taxes assessed against such real estate, but the
‘aid town may, at any time, elect to enforce its lien for taxes in a
court of equity, and release its rights as purchaser or to become a
uurchaser of said real estate. The said council shall have the right
0 1mpose a penalty of five per centum upon all taxes and levies not
aid by December first of the year in which the same are assessed.

(e) If the commissioner of revenue ascertains that any person
r anv real or personal property, or salary, has not been assessed
or town taxation for any year, or that the same has been assessed
t less than the law requires for any year, or that the taxes thereon
or any cause have not been realized, it shall he the duty of the
ommissioner to list the same and assess town taxes thereon at the
ate prescribed for that year, adding thereto interest at the rate of
IX per centum per annum. Where the same was omitted by no
ault of the person charged with the taxes, no interest shall be
harged.

({) The provisions of subsections (d) and (e) of section forty-
wo of this charter, in so far as applicable, shall apply to the as-
essment and collection and to the administration of the assess-
ment and collection of taxes on personal property and all classe
thereof.

(g) All goods and chattels of any person against whom taxe:
for the town are assessed may be distrained and sold for said taxe:
when due and unpaid in the same manner and to the same exten’
that goods and chattels may be distrained and sold for State taxes

A tenant by whom payment is made or from whom payment 1:
obtained, by distress or otherwise, of taxes or levies due the town
by a person under whom he holds shall have credit for the same
against such person out of the rents he may owe him, except wher
the tenant is bound to pay such taxes and levies by an express
contract with such person. And where taxes or levies are paid tc
the town by any fiduciary on any estate in his hands or for whick
he may be liable, such taxes and levies shall be refunded out of
the said estate.

43. Special assessments.—(a) All local or special assessment:
shall be made and assessed by the council under such regulations
as it may by ordinance prescribe.

Provisions shall be made by ordinance for the method of levying
and apportioning such special assessments, for the publication and
tor giving to such owners an opportunity to be heard before final
action on the assessment.

Any person affected by such special or local assessment mav
appeal from the decision of the council as to any such assessment
against him to the circuit court of Roanoke county.

(b) The council may by ordinance provide the method of mak-
ing sale of any lands, lots or premises for nonpayment of the
amount of any local or special assessment thereon, or for the non-
payment of any expense incurred by the town in abating any
nuisance thereon, or cutting or removing weeds therefrom as pro-
vided in section four (subsection twenty) hereof.

+4. Audits of accounts.—Upon the death, resignation, removal
or expiration of the term of any officer of the town, the council
shall order an audit and investigation to be made of the accounts
of such otheer and such report shall be filed with the said council.

As soon as practicable after the close of each fiscal year an an-
nual audit shall be made of all accounts of all town officers. Such
audit shall be made by qualified public accountants, selected by the
council, who have no personal interest, direct or indirect, in the
financial affairs of the town or any of its ofhcers or employees. The
council may at any time provide for an examination or audit ot
the accounts of anv officer or department of the town government.

PUBLIC PROPERTY AND FRANCHISE

45. Transfer of franchise.—(a) No public utility franchise shall
he transferable except with the approval of the council expressed
by ordinance, and copies of all authorized transfers and mortgages

or other documents affecting the title or use of any such public
utility shall be filed with the town clerk within ten days after the
execution and delivery thereof.

(b) Rights reserved to the town.—All grants, renewals, exten-
sions or amendments of public utility franchise whether so provided
in the ordinance or not, shall be subject to the right of the town.

(1) To repeal the same by ordinance at any time for misuse
or nonuse or for failure to begin construction within the time pre-
scribed, or otherwise to comply with the terms prescribed.

(2) To require proper and adequate extensions of plants and
services and the maintenance of the plants and fixtures at the high-
est practical standard of efficiency.

(3) To impose such other regulations as may be conducive to
the safety, welfare and convenience of the public.

(4) Extensions.—All extensions of public utilities within the
town limits shall become a part of the aggregate property of such
public utility, shall be operated as such and shall be subject to all
the obligations and reserved rights contained in this charter and in
any original grant hereafter made. The right to use and maintain
such extension shall terminate with the original grant.

(5) However, if there shall be omitted from this charter any
provision essential to the valid sale, or granting, renewing, extend-
ing, or amending, any franchise, privilege, lease, or right of any
kind to use any public property therein, the provisions of the gen-
eral law with reference to this subject shall supply said omissions.
Provided, however, that nothing contained in this charter shall
affect any franchise heretofore granted, or any contract heretofore
made with a public utility corporation, nor shall anything contained
in this charter be construed to conflict with the jurisdiction of the
corporation commission of the State of Virginia.

GENERAL PROVISIONS

46. Vacancies.—Vacancies in any offices provided for in this
charter shall be filled by the authority and in the manner provided
herein for the original appointment or election of such officers.

47. Salaries of councilmen.—The council shall have the right to
fix the salaries for the members thereof, but not to exceed the sum
of ten dollars per month, and the same shall not be increased or
diminished during their respective terms of office.

48. Oath of office and qualification —Except as otherwise pro-
vided by general law or by this charter, all officers elected or ap-
peinted under the provisions of this charter shall take the oath of
office and execute such bond as may be required by general law,
by this charter, or by ordinance or resolution of the council, and
file the same with the town clerk, before entering upon the discharge
of their duties, and if the requirements of this section have not been
complied with by an officer within thirty days after the term of
office shall have begun or after his appointment to fill a vacancy,
then such office shall be considered vacant.

49. Officers to administer oaths—-The commissioner of the re-
venue, town clerk and town treasurer, shall have power to ad-
minister oaths, to take and sign affidavits in the discharge of their
respective official duties.

50. Bond.—All officers elected or appointed under the provisions
of this charter shall, unless otherwise provided by general law or
by this charter, execute such bonds, with such approved corporate
security, as may be required by general law, by this charter, or by
ordinance or resolution of the council, and file the same with the
town clerk before entering upon the discharge of their duties. The
town shall pay the premiums on such bonds.

51. Investigations——The council, the mayor and any officer.
board or commission authorized by them, or either of them, shall
have power to make investigation as to town affairs, and for that
purpose to subpoena witnesses, administer oaths, and compel the
production of books and papers.

Any person refusing or failing to attend, or to testify or to
produce such books and papers, may by summons issued by such
board or officer be summoned before the mayor of said town by
the board or official making such investigation, and upon his failure
to give satisfactory explanation of such failure or refusal may be
fined by the mayor not exceeding one hundred dollars or imprisoned
not exceeding thirty days, and such person shall have the right to
appeal to the circuit court of Roanoke county. Any person who
shall give false testimony under oath at any such investigation shall
be liable to prosecution for perjury.

52. Revocable permits——Every permit given or authorized by
the council or mayor in violation of the ordinances of the town
establishing fire limits and providing for the character of materials
which may be used in the construction of buildings within such
fire limits, and every permit authorizing the violation of the ordi-
nances of the town relating to obstructions in, over and under, or
encroachments on the streets, alleys, parks and other public
grounds and property of the town, and every permit authorizing the
violation of any ordinance of the town shall be deemed to be a
license and not a franchise or grant, and shall be revocable at the
will of the council.

53. Actions against the town for damages.—No action shall be
maintained against the said town for damages for an injury to any
person or property alleged to have been sustained by reason of the
negligence of the town, or of any officer, agent or employee thereof,
unless a written statement of the nature of the claim and of the
time and place at which the injury is alleged to have occurred or
been received shall have first been filed with the clerk of said town.

54. Books and papers delivered to successor or town clerk.—
Any person holding a municipal office and vacating the same on
account of removal or otherwise shall deliver over to his successor
in office, or to the town clerk, all property and books and papers
belonging to the town, or appertaining to such office which may
be in his possession or under his control, and tn case of his failure
to do so within ten days after he shall have vacated the office, or
within such time thereafter as the council shall elect and upon due
notification or request of the town clerk, he shall forfeit and pay
to the said town a sum not in excess of five hundred dollars, to be
used for and recovered with costs; and all books, records and docu-
ments used in such office by virtue of any provisions of this act or
of any ordinances or resolution of the council, or by order of any
superior officer of said town, shall be deemed the property of said
town as appertaining to said office, and the incumbent of such
office and his sureties on his bonds shall be responsible therefor.

55. All elections shall be held at such place or places within
said town as the council by ordinance may prescribe.

56. Working prisoners.—Subject to the general laws of the State
regulating the working of those convicted of offenses against the
State, the council shall have the power to provide by ordinance for
the employment or the working, either within or without the town
limits, or within or without any town prison or jail, of all persons
sentenced to confinement in said prison or jail for the violation of
the laws of the State of Virginia, or the ordinances of the town of
Vinton.

57. Penalty for officers failing to perform duties.—If any of-
ficer of the town of Vinton, whether he be elected by vote of the
people or by the council, or appointed by the council, or the mayor,
who shall tail or refuse to perform any of the duties required of
him by this charter or by ordinance or resolution of the town
council, shall be fined not less than five dollars nor more than one
hundred dollars for each offense, and he and his sureties on his
official bond shall be liable for all damages which may accrue to the
town or any other person by reason of such failure or refusal.

58. Police agents.—Any person, firm, association, or owner or
owners, or the president of any corporation owning any industrial
plant or commercial house or houses, or educational or eleemosy-
nary institution in the town may, with approbation of the mayor,
appoint one or more police agents, who shall have authority in all
cases in which the rights of such person, firm, association, or own-
er or owners, or the president of such owning corporations are in-
volved, to exercise within the town and State all powers which can
be lawfully exercised by any constable or police officer for the pre-
servation of the peace, the arrest of offenders, and disorderly per-
sons, and for the enforcement of laws against crimes; and such per-
son, firm, association, or owner or owners, or the president of such
owning corporation may remove any such agent at pleasure, and
the mayor may at any time revoke it. Such police agents shall
qualify before the officer approving their appointment and a record
shall be kept of their appointments and qualifications ; but the town
shall not on-account of said approval or consent of the mayor to
said appointment, be liable to any person for the negligence or
acts of omission or commission of said police agents.

59. Town plan.—The town council may cause to be prepared
and adopted a comprehensive town plan providing for the future
improvement and growth of the town within and without the town
limits, and including the altering and extension of streets, and
opening of new subdivisions, the changing and improving the chan-
nels of the creeks running into and through the town, the location
and opening of the most practical and direct highways from the
town into the adjoining country, the improvement of entrances and
terminals to and from the town, including those of public service
corporations looking to the future harmonious development of a
town plan, the planning for playgrounds, parks and boulevard
system, the location of public buildings, including school buildings
and other public works, and public utilities, and all such other
things as will tend to make the town of Vinton a more convenient,
attractive and modern town.

The council may, in its discretion, appoint an advisory town
planning commission, and define its powers and prescribe its duties
by ordinance. .

60. Laying out streets, rights therein, and subdividing lands and
recording plats thereof——(a) Whenever any street, alley.or lane
shall have been opened to and used as such by the public for the
period of five years, the same shall thereby become a street, alley
or lane for all purposes; provided, that the town council shall, by
ordinance, so declare, and after such declaration the town shall
have the same authority and jurisdiction over and right and interests
therein as it has by law over the streets, alleys and lanes laid out
by it.

And any street or alley, park or land reserved for other public
purposes, in the division or subdivision into lots of any portion of
the territory within the corporate limits of the town by a plat or
plan of record shall be deemed and held to be dedicated to the
public use, and the council shall have authority, upon the petition
of any person interested therein or upon its own initiative, to open
such street or alley, park or lane reserved for other public pur-
poses, or any portion of the same. No agreement between, or
release of interest by the person owning the lands immediately
contiguous to any such alley or street, park or land reserved for
other public purposes, whether the same has been opened and used
by the public or not, shall avail or operate to abolish said alley
or street, park or land reserved for other public purposes, so as to
divest the interest of the public therein, or the authority of the
council over the same. Notwithstanding anything in this section
contained, the said town shall not be hable for any accidents
which may occur upon any street, alley, boulevard, or way, whether
heretofore or hereafter laid out, until the said street, boulevard,
alley or way shall have been accepted or declared by the town
council.

(b) The said town shall have the use and control of all streets,
avenues and alleys, both below and above ground.

(c) No plat of any subdivision of lots or lands within the town,
or contiguous to its corporate limits, such as is mentioned in sec-
tion fifty-two hundred and seventeen of the Code of Virginia, shall
be recorded in the office of the clerk of the circuit court of Roanoke
county, as provided by said section fifty-two hundred and seventeen
of the Code of Virginia until the same shall have been submitted
to the council and approved by the council by ordinance or resolu-
tion, a copy of which shall be certified thereon by the town clerk
and mayor, and recorded with such plat.

(d) Before approving such plat, and thereby accepting the dedi-
cation of the streets, alleys, parks and public places thereon, the
council shall require that the streets and alleys thereon shall he
properly laid out and located with reference to the topography of
the land so platted and the relation thereof to the streets and alleys
contiguous thereto and the adjoining lands, both as to connections
and widths, which widths of such streets and alleys shall be plainly
marked in figures or written on such plat, and which streets and
alleys shall be laid out in harmony with the general plan of the
town.

(e) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall re-
quire the owner thereof to execute and deliver to the town of Vin-
ton a release and waiver of any claim or claims for damages which
such owner, his heirs, successors or assigns may have or acquire
against the town of Vinton, by reason of establishing, proper grade
lines on and along such streets and alleys and by reason of doing
necessary grading or filling for the purpose of placing such streets
and alleys upon the proper grade and releasing the town of Vin-
ton from building any retaining wall or walls along the streets and
alleys and property lines; and the council may require such release
and waiver to be written and executed on said plat and recorded in
said clerk’s office of the circuit court of Roanoke county.

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing
the contour thereof, together with proper grade lines laid thereon,
and if and when the council is satisfied that the proper grade lines
are laid on such profiles, the profiles shall be approved by the coun-
cil and recorded by the owner or at his expense in the record of
profiles of streets and alleys of the town, and the council may, in
its discretion, require such release and waiver to be made with
reference thereto.

(f) Before approving any such plat of any subdivision of lots
or lands the town council may, at its discretion, require the owner
of such lots or lands to grade the streets and alleys therein, ac-
cording to grade lines approved and established by the council.

(g) Before approving any such plat of any such subdivision ot
lots or lands within the town, the council may, in its discretion,
require the owner thereof to lay out and establish proper building
lines thereon, and to show on such plat that all conveyances of lots
shown on such plat are to be made with reference thereto for the
benefit of the respective lot owners and the town of Vinton.

(h) Before approving any such plat of any such subdivision of
lots or lands the town council may, in its discretion, require the
owner thereof to designate and establish segregation districts there-
on, as is provided by sections thirty hundred and forty-three, thirty
hundred and forty-four, thirty hundred and forty-five, thirty hun-
dred and forty-six, thirty hundred and forty-seven, thirty hundred
and forty-eight, thirty hundred and forty-nine, thirty hundred and
fifty, thirty hundred and fifty-one, thirty hundred and fifty-two and
thirty hundred and fifty-three of the Code of Virginia.

61. Powers of policemen.—For the purpose of enabling the town
to execute its duties and powers each member of the police force
and each policeman is hereby made and constituted a conservator
of the peace and endowed with all the power of a constable in
criminal cases and all other powers which under the laws of the
State of Virginia and of the town may be necessary to enable him
to discharge the duties of his office.

62. Use of county jail by town.—The council shall have power
to enforce the collection of all fines not exceeding five hundred dol-
lars, and imprisonment not exceeding twelve months, for the viola-
tion of any of the ordinances of the said town, and may commit to
the jail of the county of Roanoke for safekeeping and confinement
all prisoners who shall be sentenced to imprisonment under the
ordinances of the said town; and until such fines and costs shall
have been paid, compel such person or persons so committed to the
said jail for violation of such ordinances to work on the streets and
public works, or buildings of said town for a term not exceeding
twelve months, and shall have exclusive jurisdiction in all cases
arising under the ordinances of said town, and to issue any and
all proper process, whether mesne or final which may be necessary
to enforce its authority.

63. General powers.—Said council shall have power to pass all
ordinances, regulations, or orders not contrary to the Constitution
and laws of the United States, or of this State, which the said
council may deem necessary and proper for the welfare of said
town, or any of its citizens, and such other powers as are now or
may hereafter be vested in it by the laws of this State, and to
amend or repeal the same at its pleasure, and to enforce the observ-
ance of such ordinances, orders, and regulations under penalties not
exceeding five hundred dollars, or imprisonment not exceeding
twelve months, or both, fines to be recovered, with costs, in the
name of said town before the mayor, or any councilman of said
town, in the absence of the mayor, and applied in aid of the taxes
imposed upon said town.

64. Ordinances to continue in force.—All ordinances now in
force in the town of Vinton, not inconsistent with this charter, shall
be and remain in force until altered, amended or repealed by the
council of said town.

65. Partial invalidity—If any clause, sentence, paragraph, or
part of this act, shall, for any reason, be adjudged by any court of
competent jurisdiction to be 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 said judgment shall
have been rendered.

66. Citation of act—This act may for all purposes be referred
to or cited as the Vinton charter of nineteen hundred and twenty-
eight.

67. General laws to apply.—The enumeration of particular
powers and authority in this charter shall not be deemed or held to
be exclusive, but in addition to the powers enumerated herein, im-
plied hereby, or appropriate to the exercise thereof, the said town
shall have and may exercise all other powers which are now or may
hereafter be possessed or enjoyed by towns under the Constitution
and general laws of this State.

68. Repealing clause.—All acts and parts of acts in conflict with
this charter are hereby repealed, in so far as they affect the pro-
visions of this charter, and former charters and amendments thereto
for the town of Vinton are hereby repealed.

69. When charter takes effect.—In order that this act may be
ziven effect as soon as practicable, an emergency is declared to

xist, and this act shall be in force from its passage.