Chap. 482.—An ACT to provide a new charter for the town of Waynesboro,
Virginia, and to repeal all acts or parts of acts in conflict therewith.

[S B 163]
Approved March 26, 1928

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

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

Section 2. The town corporate.—The inhabitants of the town of
Waynesboro, Virginia, as its limits are or hereafter may be established,
shall continue to be a body, politic and corporate, to be known and
designated as the town of Waynesboro, and as such shall have and
may exercise all powers which are now or hereafter may be conferred
upon or delegated to towns under the Constitution and laws of the
Commonwealth 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. The territory contained within the limits of the said town shall
be as follows, to-wit:

Beginning at a point on the southern boundary of the right of way
of the Chesapeake. and Ohio railway, east of South river, said point
being six thousand seven hundred and eighty-five feet from the inter-
section of said right of way and South river, measured on said right
of way south nineteen degrees thirty minutes, west seven hundred,
thence north sixty-four degrees west, seven hundred and eighty-four
feet, north seventy-three degrees forty-five minutes, west two thousand
nine hundred and five feet, north forty-three degrees forty-five min-
utes, west eight hundred and fifty-three feet, crossing the Shenandoah
Valley railway at two hundred feet, to a stake; thence north fifty-five
degrees fifteen minutes, west four hundred and ninety-five feet, to a
point in the middle of South river, thence along the middle of said
river, with the meanderings thereof south to the intersection of Iifth
street (as designated upon the plat of the Waynesboro Company),
with said river; thence along Fifth street to its point of intersection
with Locust avenue (as designated on the map of the Waynesboro
Company ) ; thence with the line of said Locust avenue north to Second
street; thence north to Sycamore alley, at its point of intersection with
Plumb’s alley; thence along said alley north across Main street and
out by the old Waynesboro creamery to the intersection at Hippert’s
with the New Hope road: thence northeast across the Albert Bush lot
to the northern boundary line of the Chesapeake and Ohio Railway
Company’s right of way; thence in a westerly direction along the
northern boundary of the right of way of the Chesapeake and Ohio
railway, a (istance Ot... eee eee cece ecee eee ceneeeeeeneeees feet, to the eastern
boundary of the New Hope and Waynesboro public road; thence along
the eastern boundary of said road, in a northerly direction to the
property of James Bush heirs; thence north sixty-four degrees ten min-
utes, east one hundred and seventy-three and one-fourth poles; thence
north seventy-two degrees ten minutes, east one hundred and twenty-
one poles and fourteen links; thence north forty-eight degrees, east
ten poles; thence south sixty-seven degrees, east thirty-three poles and
eleven links; thence south forty-six degrees twenty-five minutes, east
seventy-two and three-fifths poles, to the middle of South river; thence
down the middle of South river, by its several courses, to a point op-
posite the corner of the land lately owned by Jacob Coiner with the
land lately owned by Jonathan Coiner; thence to said corner; thence
south fifty-nine degrees ten minutes, east two hundred and eighty-five
poles, crossing the Shenandoah Valley railway, to the corner of the
land lately owned by George K. Coiner; thence south twenty-nine and
a half degrees’ west, one hundred and six poles and two links; thence
south sixty degrees forty-eight minutes, east fifty-seven poles; thence
south forty-three degrees twenty-eight minutes, west ninety-nine and
four-fifths poles; thence south forty-seven degrees thirty-eight min-
utes, west fifty-four and three-fifths poles; thence south fifty-four de-
grees thirty-eight minutes, west seventy-two and one-sixth poles;
thence by a straight line, to the point of beginning—it being the inten-
tion and purpose of this description to take in and include all the ter-
ritory embraced within the corporate limits of the town of Waynes-
boro and Basic City as they existed at the time of consolidation of the
said two towns.

The said town shall be divided into two wards and that area within
the corporate limits, as they now exist, or may hereafter be enlarged,
diminished or altered, which before consolidation of the said two towns
was known as Basic City, sha!l be designated the east ward, and that
area embraced within the corporate limits as they now exist, or may be
hereafter enlarged, diminished or altered, which before consolidation
was known as Waynesboro, shall be designated as the west ward.

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

First. To raise annually by 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.

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

Third. To contract debts, borrow money and make and issue evi-
dence of indebtedness.
Fourth. To expend the money of the town for all lawful purposes.

Fifth. “To acquire by purchase, gift, devise, condemnation, or other-
wise, property, real or personal, or any estate or interest therein, within
or without the town or State and for any of the purposes of the town;
and to hold, improve, sell, lease, mortgage or pledge the same or any
part thereof, including any property now owned by the town, except
school property, water works or lighting plant, unless it is submitted
to a vote of the people. _ |

Sixth. To acquire, in any lawful manner, for the purpose of en-
couraging commerce, manufacture, education, and the building of
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 com-
mercial, industrial, educational, or residential uses and purposes, in-
cluding 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.

Seventh. To make and adopt a comprehensive plan for the town,
and to that end all plats and re-plats subdividing any land within the
town or within one mile of the corporate limits thereof, 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 record or
recorded in the office of the clerk of the circuit court of the county of
Augusta, Virginia.

Eighth. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings,
armories, comfort stations, markets, and all buildings and structures
necessary or appropriate for the use and proper operation 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. ,

Ninth. To own, operate and maintain water works 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 cor-
porate 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 said water supply and
for protecting the same from pollution; and for this purpose to exer-
cise full police powers and sanitary patrol over all lands comprised
within the limits of the watershed tributary to any such water supply
whenever such lands may be located in this State; to impose and
enforce adequate 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 provided by
the laws of this State. For any of the purposes aforesaid said town
may, if the council shall so determine, acquire by condemnation, pur-
chase or otherwise, any estate or interest in such lands or any of them
in fee.

Tenth. 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 illuminating.
power and other purposes, and to supply the same, whether said gas
and electricity be generated or purchased by said town, to its customers
and consumers both within and without the corporate 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 condemned, and to pur-
chase 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. ,

Eleventh. To establish, impose, and enforce water, light and sewer-
age rates, and rates and charges for public utilities, 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 buildings,
or against the proper tenant or tenants; and in event such rates and
charges shall be assessed against a tenant, then the said council may
by an ordinance, require of such tenant a deposit of such reasonable
amount as may be by such ordinance prescribed before turnishing
such services to such tenant.

Twelfth. 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 vacate the same: to
establish and maintain parks, playgrounds, and other public grounds:
to construct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains, and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain or remove shade
trees along the streets and upon such public grounds; to prevent the
obstruction of such streets and highways, abolish and prevent grade
crossings over the same by railroads in the manner prescribed by general
law for the elimination of grade crossings: to require any railroad
company operating a railroad at the place where any highway or street
is crossed within the town limits to erect and maintain at such crossings
any style of 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; and to regulate the length of time such crossings may be
closed due to any operations of the railroads: to regulate the opera-
tions, 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, limit, restrict, and control
the services to be rendered, inc!uding route traversed, and rates charged
by buses, motor cars, cabs and other vehicles for the carrying of
passengers and property; to permit railroads 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 mainte-
nance of the streets between the rails and on either side thereof for
such distances as such streets may be affected by the construction,
operation, repair or maintenance of such railroads, and to require the
reconstruction of so much of said streets as may be damaged by the
removal of such railroads; 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, heretofore 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 used, to be placed in
conduits underground and prescribe rules and regulations for the con-
struction and use of such conduits; 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, yard or yards, 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 company and full opportunity to be heard and
after the council shall have decided whether such crossing shall be made
at grade, or pass above or below any such existing structure or struc-
tures, the plans and specifications for such crossing as the council shall
have determined upon, shall be submitted to the principal agent of such
railroad company in the town, and in the event the town and railroad
company cannot within sixty days thereafter agree upon such plans and
specifications, or cannot agree in regard to the division of the cost of
constructing such crossing, then the town shall submit such plans and
specifications to the State corporation commission, and the State cor-
poration commission, after reasonable notice to such railroad company
and after hearing such evidence as either party may adduce, shall
approve, or revise and approve, the plans for such crossing as the
council shall have determined shall be made, or substitute such other
plans or character of crossing, whether at grade, overhead or under-
pass, as the State corporation commission may deem proper under all
the facts, circumstances and conditions in the case the said improve-
ment shall be made by the corporation whose track is to be crossed
and the expense thereof shall be borne equally by the said corporation
and the town, and after such crossing shall have been constructed, it
shall be maintained, within the limits of the railroad right of way, by
such railroad company or by the lessee thereof; and to do all other
things whatsoever adapted to make said streets and highways safe,
convenient and attractive.
Twelve and one-half. To acquire by gift, purchase, exchange, or
by the exercise of the power of eminent domain within the State,
lands, and any interest or estate in lands, rock quarries, gravel pits.
water and water rights and the necessary roadways thereto, either
within or without the town, and acquire and install machinery and
equipment and build the necessary roads or tramroads thereto, and
operate the same for the purpose of producing materials required for
the construction, repair and maintenance of streets, highways, side-
walks, water works, reservoirs, sewers, electric lights, public buildings,
and any and all public purposes; and to acquire by gift, purchase,
exchange, or by the exercise of the power of eminent domain within
the State, lands and machinery and equipment, and build and operate
a plant or plants for the preparation and mixing of materials for the
construction of improved streets and other public improvements, and
the maintenance and repair therecf, and to build and operate coal
tipples and yards in connection therewith.

Thirteen. To establish, construct and maintain sanitary sewers,
sewer lines and systems, and to require the abutting property owners
to connect therewith and to establish, construct, maintain and operate
sewerage disposal plants, and to acquire by condemnation or other-
wise within or without the town, all lands, rights of way, riparian
and other rights and easements necessary for the purposes aforesaid,
and to charge, assess, and collect reasonable fees, rentals or assess-
ments or costs of service for connecting with and using the same.

lourteen. In connection with the system of sewerage, the town
may continue to use the south branch of the Shenandoah river as
heretotore.

Fifteen. Subject to the provisions of the Constitution of Virginia
and of this charter to grant franchises for public utilities.

Sixteen. To collect and dispose of sewerage, offal, ashes, garbage.
carcasses of dead animals, and other refuse, and to make reasonable
charges therefor; and to acquire and operate reduction or any other
plants for the utilization or destruction of such materials, or any ot
them; to contract for and regulate the collection and disposal thereof,
and to require and regulate the collection and disposal thereof.

Seventeen. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond its limuts
at the expense of the person or persons causing the same, or of the
owner or occupant of the ground or premises whereon the same may
be, and to collect said expense by suit or motion or by distress and sale;
to require all lands, lots and other premises within the town to be kept
clean and sanitary and free from stagnant water, weeds, filth and un-
sightly deposits, or to make them so at the expense of the owners or
occupants thereof, and to collect said expense by suit or motion, or
by distress and sale; to regulate or prevent slaughter houses or other
noisome or offensive business within the said town, the keeping ot
hogs or other animals, poultry or other fowl therein, or the exercise
of any dangerous or unwholesome business, trade or employment
therein; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise; to regulate the location of stables and the
manner in which they shall be kept and constructed; to regulate the
location, construction and operation and maintenance of billboards and
generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience and
welfare of the inhabitants of the town; and to require all owners or
occupants of property having sidewalks in front thereof to keep the
same clean and sanitary, and free from all weeds, filth, unsightly
deposits, ice or snow.

Eighteen. To inspect, test, measure, and weigh any commodity or
article of consumption for use within the town, and to establish,
regulate, license, and inspect weights, meters, measures and scales.

Nineteen. To extinguish and prevent fires and to compel citizens
to render assistance to the fire department in case of need, and to
establish, regulate and control a fire department or division, to regulate
the size, height, materials and constructions of buildings, fences, walls,
retaining walls and other structures hereafter erected in such manner
as the public safety and conveniences may require; to remove or
require to be removed or reconstructed any building, structure or addt-
tion thereto, which by reason of dilapidation, defect of structure, or
other causes, may have become dangerous to life or property, or which
may be erected contrary to law; to establish and designate from time
to time fire limits, within which limits wooden buildings shall not be
constructed, 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 ma-
terial; 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.

Twenty. To charge and to collect fees for permits to use public
facilities and for public service and privileges.

Twenty-first. To prevent any person having no visible means of
support, 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 such person who has been in said town less
than six months; also to expel from the town all persons found
dangerous to the peace, safety and welfare of the town, or any person
who may be advocating the overthrow of the Federal, State or municipal
government by force or violence or inciting the people or any of them,
to riot, or any unlawful effort against the social, governmental, indus-
trial, educational or moral welfare of the people.
Twenty-second. To provide for the preservation of the general
health of the inhabitants of said town, make regulations to secure the
same, inspect all foods 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 prevent
and suppress disease generally ; to provide and regulate hospitals 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 provide for
the organization of a department or bureau of health, to have the
powers of a board of health for said town, with the authority neces-
sary for the prompt and efficient performance of its duties, with power
to invest any or all the officials or emplovees 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 regulations against infectious and contagious diseases
as the council may see fit.

Twenty-third. To provide in or near the town lands to be used as
burial places for the dead; to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of ground
therein; and to provide for the perpetual upkeep and care of anv plot
or burial lot therein, the town is authorized to take and receive suns
of money by gift, bequest, or otherwise, to be kept invested. and the
income thereof used in and about the perpetual upkeep and care ot
the said lot or plot, for which the said donation, gift, or bequest shall
have been made.

Twenty-fourth. To accept and receive, unconditionally or upon con-
ditions, absolutely or in trust, gifts, grants, bequests and devises of anv
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 devises, with power
to manage, maintain, operate, sell, lease, or otherwise handle or dispose
of the same, in accordance with the terms and conditions of such
gifts, grants, bequests and devises.

Twenty-fifth. To acquire by purchase, gift, devise or condemna-
tion property 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 is used and maintained in such
a manner as to impair the beauty, usefulness or efficiency of such
parks, plats of 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 imprac-
ticable, without extraordinary expense, the improvement of the same,
and the town may subsequently dispose of the property so acquired,
making limitations as to the use thereof, which will protect the beauty.
usefulness, efficiency or convenience 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 injur:ously affected, unless the property on
such block or square is replatted and the property line or limes read-
justed, 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 otherwise, all or any part of the
property on such squares or block and mav subsequently replat and
lispose of the property so acquired in whole or in part, making such
limitations as to the uses thereof as it may see fit.

Twenty-sixth. To exercise full police powers and establish and
naintain a department or division of police.

Twenty-seventh. To restrain and punish drunkards, vagrants and
treet beggars; to prevent vice and immorality: to preserve the peace
ind good order; to prevent and quell riots, disturbances and disorderly
issemblages: to suppress houses of ill-fame and gambling houses; to
yrevent and punish lewd, indecent and disorderly exhibitions im = said
own; and to expel therefrom persons guilty of such conduct who have
1ot resided therein as much as one year.

Twenty-eighth. To license and regulate the holding and location of
hows, circuses, public exhibitions, carnivals and similar shows or
airs, or prohibit the holding of the same or any of them within the
own, or within one mile thereof.

Twenty-ninth. To make and enforce ordinances similar to. the
yrohibition laws of the State.

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

Thirty-first. To provide for the development of power and light
nd the distribution and sale of same, and to construct. own, main-
ain, and operate facilities necessary thereto, and to acquire by con-
emnation or otherwise, within or without the town, land, interests in
ind, water, power sites, easements, property, and property rights
ecessary for such purpose.

Thirty-second. To do all things whatsoever necessary or expedient
Or promoting or maintaining the general welfare, comfort, education,
10rals, peace, government, health, trade, commerce, or industries of
ye town; or its inhabitants.

Thirty- third. To prescribe any penalty for the violation of any town
rdinance, rule or regulation or of any provisions of this charter, not
xceeding five hundred dollars or twelve months’ imprisonment. in
111 or both.

Thirty-fourth. To prohibit and punish for mischievous, wanton or
ialicious damage to school and public property as well as private

roperty.
Thirty-fifth. To prohibit and punish minors from frequenting, play-
ing in or loitering in any public poolroom, billiard parlor or tenpin allev
and to punish any proprietor or agent thereof for permitting same.

Thirty-sixth. To pass and enforce all by-laws, rules, regulations
and ordinances 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 other
things and pass such other laws as may be necessary or proper to carrv
into full effect and power, authority, capacity, or jurisdiction, which 1s
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.

The town of Waynesboro may maintain a suit to restrain by in-
junction the violation of any ordinance, notwithstanding punishment
may be provided for the violation of such ordinance.

Section 5. Creation of council—There is hereby created a council
which shall have full power and authority, except as herein otherwise
provided, to exercise all the powers conferred upon the town, and to
pass all laws and ordinances relating to its municipal affairs, subject
te the Constitution and general laws of the State and of this charter.

Section 6. Composition of council and vacancies.—The council shall
consist of five members, who shall be voted for at large, whose term
of office, except as hereinafter fixed, shall be for the term of four
years. At the June election, nineteen hundred and twenty-eight, five
members shall be elected as follows: Two members from the east ward,
two members from the west ward, and one member-at-large, who shall
immediately after their qualification cast lots to ascertain which two
members, one from each ward, shall serve for a term of two years
from September first, nineteen hundred and twenty-eight, and there-
after until their successors shall have been elected and qualified; and
the remaining three members shall serve for a term of four years
from September first, nineteen hundred and twenty-eight, and there-
after until their successors shall have been elected and qualified. At
the June election, nineteen hundred and thirty, and every four vears
thereafter, two councilmen shall be elected, one from each ward.
who shall serve for a term of four years from September first. nine-
teen hundred and twenty-eight, and thereafter until their successors
shall have been elected and qualified. At the June election, nineteen
hundred and thirty-two, and every four years thereafter, three council-
men shall be elected, one from the east ward, one from the west ward,
and one member-at-large, who shall serve for a period of four years
from September first, nineteen hundred and thirty-two, and there-
after until their successors have been elected and qualified.

Vacancies in the council shall be filled within thirty days, for the
unexpired term, by a majority vote of the remaining councilmen.

Section 7. Qualification of members.—Any person qualified to vote
in the town shall be eligible to the office of councilman.
Section 8. Limitations on powers and disqualifications—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 office shall be interested
directly or indirectly in the profits of any contract or work, or to be
financially interested, directly or indirectly, in the sale to the town of
any land, materials, supplies, or services (other than official services).
Any member of the council or any other officer of the town offending
against the provisions of this section, shall, upon conviction thereof,
be fined not more than five hundred dollars or be imprisoned not more
than ninety days, or both, in the discretion of the court, and shall forfeit
his office. The prohibitions of this section shall not apply if the coun-
cil shall declare by unanimous vote of the members thereof that the
best interests of the town are to be served despite a personal interest
direct or indirect.

(c) Except for the purpose of inquiry, the council and its members
shall deal with the administrative service solely through the town man-
ager, and neither the council nor any member thereof shall give orders
to any of the subordinates of the town manager, either publicly or
privately. Any such orders or other interferences on the part of the
council or any of its members with subordinates or appointees of the
town manager, instead of dealing with or communicating direct with
the town manager, is prohibited.

Section 9. Organization rules of the council—(a) At nine o’clock
ante meridian on the first day of September following a regular
municipal election, or if such day be a Sunday, then on the day follow-
ing, the council shall meet at the usual place for holding the meetings
of the legislative board of the town, at which time the newly-elected
councilmen, 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, except
that they shall regularly meet not less than once each month. The
mayor, any member of the council, or the town manager may call
special meetings of the council, at any time (at least twelve hours),
written notice, with the purpose of said meeting stated therein, to each
member served personally or left at his usual place of business or resi-
dence, or such meeting may be held at any time without notice, provided
all members of the council attend. No business other than that men-
tioned in the call shall be considered at such meeting. -

(5) 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 council shall elect one of its members as chairman, whc
shall be ex-officio mayor; also a town manager, a town clerk, a town
treasurer, and a town commissioner of the revenue.

The council may appoint all such other boards and commissions
as may be deemed proper, and 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 proceedings. 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.

Section 10. Powers of mayor.—The mayor shall be elected by the
council for a term of two years and shall preside at meetings of the
council and perform such other duties consistent with his office as
may be imposed by the council and he shall have a vote and voice in
the proceedings, but no veto. He shall be the official head of the town,
but shall have no jurisdiction or authority to hear, determine, or try
any civil or criminal matters. In times of public danger, or emergency,
he, or during his absence or disability, the town manager, 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, except as above provided,
his duties shall be performed by another member appointed by the
council. He shall authenticate by his signature such instruments as
the council, this charter, or the laws of the State shall require.

Section 11. Appointments cr elections——On the first day of Sep-
tember following the regular municipal election and organization of the
council, or as soon thereafter zs may be practicable, the council shall
elect a town clerk, a town treasurer, and a town commissioner of the
revenue, 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 com-
missioner of the revenue for terms of one year each, beginning Sep-
tember first, subject to removal by the council for cause, and in no
event shall the council elect any officer for a term extending beyond
the thirty-first day of August next succeeding each regular quad-
rennial municipal election for members of the council.

ORDINANCES

Section 12. Legislative procedure—Except in dealing with parlia-
mentary procedure, the council shall act only by ordinance or resolu-
tion, and with the exception of ordinances making appropriations or
authorizing the contracting of indebtedness, shall be confined to one
subject.

Section 13. Enactments.——(a) Each proposed ordinance, or resolu-
tion, 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 Waynesboro, Virginia.”

(b) No ordinance, or resolution having the effect of an ordinance,
or resolution suspending an ordinance, unless it be an emergency
nicasure, 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 requirement of a second reading by the affirmative vote of a
majority of the members of the council may be confined 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, pro-
vided 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 shall be re-enacted. The ayes and noes shall
be taken and recorded upon the passage of all ordinances or resolu-
tions and entered upon the journal of the proceedings of the council.
Except as otherwise provided in this charter, an afhirmative vote of
a majority of the members elected to the council shall be necessary
to adopt any ordinance or resolution.

Section 14. Emergency measures.—(a) No ordinances 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
a majority of its members pass emergency measures to take effect 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 provid-
ing for the daily operation of a municipal department. The emergency
shall be stated in every such measure. Ordinances appropriating money
may be passed as emergency measures, but no measure selling or con-
veying any real estate or making a grant, renewal, extension of a
franchise or other special privilege or regulating the rate to be charged
for its service by any public utility, shall ever be so passed.

Section 15. Record and publication—(a) Every ordinance or res-
olution having the effect of an ordinance when passed shall be recorded
by the town clerk in a book kept for that purpose, and shall be
authenticated 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 by 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 require-
ments 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 duly 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 in evi-
dence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from the original record thereof, from
a copy thereof certified by the town clerk, or from any volume of
ordinances printed by authority of the council.
Section 16. Printing—The council shall from time to time direct
the publication, with suitable index, of the town ordinances.

THE TOWN MANAGER

Section 17. General provisions——The administrative and executive
powers of the town, including the power of appointment of officers and
employees, are vested 1n an official to be known as the town manager.
who shall be appointed by the council at its first meeting, or as soon
thereafter as practicable, for a term of three years unless sooner
removed by the council upon proven charges preferred for malfeasance
or misfeasance, neglect of duty or incompetency. And the council
may reappoint said town manager for a term not exceeding six years.
but who shall be subject at all times to removal by the council on
proven charges of malfeasance, misfeasance, neglect of duty or in-
competency. He shall receive such compensation as shall be fixed by
the council by ordinance, and shall devote his entire time to the busi-
ness of the town.

Section 18. Powers and duties of the town manager.—The town
manager shall be responsible to the council for the proper administra-
tion of all affairs of the town coming within his jurisdiction under this
charter, the general law or the ordinances or resolutions of the council.
He shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) To see that such town officers and employees as the council
shall determine are necessary for the proper administration of the
town be appointed, and may be removed by the town manager, except
those in the financial, legal and judicial departments, and the clerical
and other attendants of the council; but the town manager shall report
each appointment and removal to the council at the next meeting thereot
following any such appointment or removal; to see that all terms and
conditions imposed in favor of the town or its inhabitants in any
public utility franchise or any contract are faithfully kept and _ per-
formed; upon knowledge of any violation thereof to call the attention
of the same to the council, whose duty it shall be forthwith to direct
such steps as are necessary to protect and enforce the same.

(c) Vo exercise supervision and control over all departments and
divisions created therein, or that may be hereafter created by the council
and have general supervision over all public improvements, works and
undertakings, except as otherwise provided in this charter.

(d) To attend all meetings of the town council with the right
to take part in the discussion but having no vote.

(e) To recommend to the council for adoption such measures as
he may deem necessary or expedient.

(f) To prepare the annual budget and keep the town council fully
advised as to financial conditions and needs of the town.

(g) To make all such contracts in behalf.of the town as may be
authorized by this charter, or in accordance with the provisions of the
appropriation made by the council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council.

(h) Unless and until provided by the council, he shall act as town
purchasing agent.

(1) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the town
council.

(j) The town manager may at the option of the council, be
required to perform the duties of the town treasurer; and

(k) He shall have the further power to perform such other duties
as may be prescribed by the council not in conflict with the foregoing,
and shall be bonded as the council may deem necessary.

ADMINISTRATIVE DEPARTMENTS

Section 19. The council shall from time to time designate and assign
the particular administrative duties of each of its members, and each
member of the council shall be designated for particular service as
the head of a department, or departments, over which he shall have
special oversight and direction, subject to the provisions of this chap-
ter and the ordinance of the council. Such designations and assign-
ments may be changed whenever desired by the council, and during any
temporary disability or absence of a councilman, the council may
designate another member to act until the disabled or absent council-
man shall resume his duties.

Section 20. Directors of departments: (a) At the head of each
department there shall be a director: provided, that unless and until
the council shall otherwise provide by ordinance the town manager
shall be director of all departments.

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

(c) The director of each department shall be appointed by and be
immediately responsible to the town manager for the administration
of his department, and each director shall be chosen on the basis of his
general executive and administrative experience and ability, and his
education, training and experience in the class of work which he is
to administer.

Section 21. The town clerk.—The town clerk shall be elected 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 Waynesboro, Virginia, the custody
of which is not otherwise provided for.

(b). He shall be custodian of the town seal, and shall affix 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 franchise, contracts or agree-
ments.

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

Section 22. 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 monies belonging to and received by the
town and keep a correct account of all receipts from all sources and
expenditures of all departments. He shall collect all taxes and assess-
ments, light bills, water rents, and other charges belonging to and
payable to the town, and for that purpose he is hereby vested with.
any 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 man-
ner prescribed in this charter.

(d) He shall make all such reports and perform such other duties
as may be required by the council.

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

(f{) He shall as soon as the commissioner of the revenue completes
the land and personal property books take the said books and care-
fully 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 Augusta 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, 1f any, have not
been assessed by the commissioner of the revenue, and the list of those
not assessed shall be laid before the town council at its next meeting.
The said treasurer 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 com-
missioner of the revenue is required to be present and render the
treasurer such assistance as he may desire; when said books are cor-
rected and audited the total thereof shall be charged to the town
treasurer on his account. The treasurer shall take the delinquent
lists and lay the same before the town council, and it shall be the duty
of said council 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 provisions of
the ordinances of the town have been returned delinquent, the said
council 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.

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

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

(1) The: duties of town treasurer and town clerk may, at the
option of the council, be performed by the town manager, as herein-
before provided.

Section 22. The commissioner of revenue-—The commissioner of
revenue shall 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, or by the council.

Section 23. The purchasing agent—(a) The town council shall
designate some officer of the town other than the treasurer as its
purchasing agent, except when the town manager is acting as treas-
urer, by whom all purchases of supplies for the town shall be made,
and who shall approve all vouchers for the payment of same. He shall
also conduct all sales of personal property that may be, by the proper
official or officials declared 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 oppor-
tunity for competition shall be given if the amount involved is in excess
of two hundred dollars, except in case of emergency.

(c) Unless and until the council shall otherwise provide, the town
manager shall act as such purchasing agent.

TRIAL JUSTICE

Section 24. The council shall appoint for a period of two years,
and every two years thereafter, a trial justice for the town. He need
not be a resident of the town. The council shall also appoint a sub-
stitute trial justice, and it may at any time revoke such appointment.
The substitute trial justice need not be an attorney-at-law. In the
event of the inability of the trial justice on account of sickness, absence,
vacation, interests, or if he is otherwise disqualified to sit in judgment,
the substitute trial justice shall perform all of the duties of the office
of trial justice. Both shall take oath before entering upon the perform-
ance of the duties of office and enter into bond payable to the town in
the penalty of one thousand dollars each, with surety conditioned for
the faithful performance of their duties. The trial justice shall receive
such compensation as may be fixed by the council, and the trial justice
shall charge and collect all fees prescribed for justices of the peace,
which have not been paid in advance, and all such fees shall be turned
into the treasury of the town, except those fees belonging to the
issuing justice hereinafter provided.

The jurisdiction of such trial justice shall be as follows:

(a) The trial justice herein provided for shall be a conservator
of the peace within the corporate limits of the town, shall have power
to issue civil and criminal process, and shall have exclusive original
jurisdiction to try all offenses against the ordinances of the town.

(b) The said trial justice shall have jurisdiction in the town in all
civil matters now cognizable by justices of the peace, and shall in
addition thereto have concurrent jurisdiction with the circuit court of
Augusta county in all civil matters, where the claim including damages
for personal injury, does not exceed the sum of three hundred dollars
($300) (exclusive of interest), and shall have jurisdiction of all mat-
ters and things mentioned in subsection five (5) of section nineteen
hundred and fifty-three (1953) of the Virginia Code of nineteen
hundred and twenty-four. After the appointment of such trial jus-
tice, no other justices of the peace, the mayor of the town, or the
juvenile judge of Augusta county shall hereafter exercise such juris-
diction as is herein conferred on the said trial justice.

(c) The said trial justice shall also have jurisdiction to try and
decide attachment cases, where the amount of the plaintiff’s claim
does not exceed the general jurisdiction of the said trial justice, and
the proceedings on any such attachment shall conform to the pro-
visions of chapter two hundred and sixty-nine (269) of the Code
of nineteen hundred and nineteen and any amendments thereof, save
when an attachment other than under section sixty-four hundred and
sixteen (6416) is returned executed, and the defendant has not been
served with a copy thereof, the said trial justice upon afhdavit in
conformity with section sixty-four hundred and one (6401) of the
Code of nineteen hundred and nineteen shall forthwith cause to be
posted at the front door where he holds his court, a copy of the said
attachment, and shall file a certificate of the fact with the papers in the
case, and in addition to the said posting, the plaintiff in the said attach-
ment, or his attorney, shall give the trial justice the last-known address
or abode of the said defendant, verified by affidavit, and the said trial
justice shall forthwith mail a copy of the said attachment to the said
defendant at his or her last-known address, or place of abode, if said
defendant be a corporation at its last-known address, and the mailing
of the said copy as aforesaid shall be certified by the said trial justice
in writing, and such certificate shall be filed with the papers in the
case, and after the said copy of the said attachment has been so
posted and mailed as aforesaid for fifteen days, the said trial justice
may proceed to try and decide the said attachment.

(d) The trial justice shall have in criminal cases the same jurisdic-
tion for the town of Waynesboro as is now or may hereafter be vested
by general law in the police justices of cities.

Section 25. Procedure, appeals.—All the provisions of law now
in force, or which may be hereafter enacted, governing preliminary
examinations, granting of bail, procedure, and appeals in both. civil
and criminal cases cognizable by justices of the peace, not affected by
this act, shall apply in like manner to cases tried before the trial justice
appointed hereunder, unless otherwise provided herein, except that in
all civil and criminal cases triable before such trial justice no removal
to any other court shall be allowed; nor shall an appeal be allowed
in any civil case in which the claim does not exceed the sum or value
of twenty-five dollars ($25) exclusive of interest. Appeals when per-
mitted herein shall be to the circuit court of Augusta county.

The council shall provide suitable quarters for trial purposes for
the court of such trial justice in the town, and shall provide necessary
books, stationery, and supplies for the said trial justice; such books
shall be kept by the trial justice subject to the supervision of the circuit
court of Augusta county.

All papers connected with any of the proceedings in the trial of
cases before the trial justice shall be returned to the clerk’s office of the
circuit court of Augusta county within twelve months after final de-
cision, and shall be properly filed, indexed, and preserved by the clerk
thereof, who shall receive the same fees as are allowed for receiving,
filing, and indexing papers returned by justices of the peace.

The trial justice shall keep a docket in which shall be entered all
cases tried and prosecuted before him, and the final disposition of the
same, together with an account of costs and fines.

The trial justice shall have power to make and enforce such reason-
able rules of practice as are not in conflict with law.

Issuing justices—The council shall appoint one issuing justice for
each ward, to serve at the pleasure of the council.

Authority of issuing justices.—The issuing justices shall have power
to issue both criminal and civil process returnable for trial before the
trial justice of the said town, and the issuing justices shall be entitled
to the fee for such service as is prescribed for justices of the peace.
They shall have no authority by virtue of their office to hear and de-
termine any case, civil or criminal.

Sergeant.—The council shall appoint a town sergeant, to serve at
the pleasure of the council.

Duties.—The town sergeant shall have the powers and discharge
the same duties within the corporate limits of the town as are pre-
scribed for and required of constables under the general laws, and
he shall be entitled to the same fees as are prescribed for such con-
stables. He shall execute such processes as may be directed to him
by the trial justice or the issuing justices, and make return thereof to
the trial justice. He shall perform all such other duties as may be
required of him by the council. He shall give bond with satisfactory
surety, conditioned for the faithful performance of his duties as
sergeant, and to faithfully account for all monies coming into his hands
by virtue of his office.

FINANCIAL PROVISIONS

Section 26. The annual budget.—Not later than sixty days before
the end of each fiscal year, the town manager 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 classification
as nearly as possible uniform.

Section 27. Public improvement contracts, et cetera—Any public
work or improvement, costing more than one thousand ($1,000) dollars,
shall be executed by contract, except where a specific work of im-
provement is, by the council, authorized and directed to be done by
force account, such work to be based on detailed estimates submitted
by the department authorized to execute such work or improvement,
and approved by the town manager. All contracts for more than one
thousand dollars shall be awarded to the lowest responsible bidder in
su*h ma’ ner and under such bond as may be prescribed by ordinance
and after the town manager shall have made due advertisement for
such time as the council may prescribe, by newspapers or posted notices.
But the town manager 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 town manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

Section 28. Sinking fund provision.—(a) There shall be set apart
annually from the revenues of the town, a sinking fund sufficient in
amount to pay the indebtedness of the town as it matures and which
by its terms is not payable in one year.

(b) When the taxes on real and personal property are collected
each year the town treasurer shall take therefrom and deposit in a
separate account to the credit of the sinking fund commission, in such
bank or banks as the council may designate, and the said commission
may, if it shall so elect, cause the sinking fund to be loaned on improved
real estate situated in the said town, or in the county of Augusta, 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 such 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 reason-
able time be required for the payment of any bonds of the town, or
cannot be used to advantage in the purchase and redemption 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 investment 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 redemption of serial bonds, as well as
term bonds.

(d) The council of the town of Waynesboro shall appoint a sinking
fund commission for the town, composed of three freeholders, whose
duties shall be to take over annually from the treasurer, and invest the
sinking fund as herein provided; and shall annually submit a report to
the council showing the condition and amount of the sinking fund. A
bond with satisfactory surety shall be required of the sinking, fund
commission, the amount of which shall be fixed by ordinance.

Section 29. 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. ‘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 twenty-eight herein provided, the town may issue bonds,
hereafter 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.

(d) But no bonds shall be issued, or long term indebtedness con-
tracted by the town for any purpose whatsoever without a vote of the
duly qualified electors in an election called and held as prescribed by
general law in such cases; provided, however, the town shall have
authority without an election to make temporary loans not in excess
of what may be paid out of the current revenues of the year in
which made, and the said temporary loan shall be paid off within
said year.

(e) Restrictions on loans and credits—The credit of the town
shall not directly or indirectly, under any device or pretence whatso-
ever, be granted to or in aid of any person. association or corpora-
tion. 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, however, that in determining
the limitation of the power of the town to incur indebtedness there
shall not be included the classes of indebtedness mentioned in subsec-
tions (a) and (b) of section one hundred and twenty-seven of the Con-
stitution of the State.

(£) Bonds based 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 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 aggregate
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 he
affected by such amendment have been sold. All other matters relating
to such bonds may be determined by resolution within the limitations
prescribed by such ordinance or by this charter.

(h) However, if there shall be omitted from this charter any pro-
vision 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 provide. Such
bonds shall be advertised by the town manager and sold by the town
treasurer, under supervision of the mayor, town manager, and clerk,
and the sale reported to and approved by the council, and the proceeds
from said sale shall be paid to the town treasurer.

Section 29. Appropriation ordinance and levy.—At not less than
thirty days before the first Monday in the month of April of each year,
the town manager shall submit to the council for its information a
budget for the ensuing fiscal year, and on the first Monday in june
in each year, the council shall lay its levy on all property, real and
personal, subject to taxation for town purposes, and not later than
November tenth following, the council shall pass its annual appropria-
tion ordinance.

Section 30. Fiscal year—Unless and until otherwise provided bv
ordinance the fiscal year of the town of Waynesboro shall begin
September first, and end August thirty-first.

Section 31. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within the
year of any work, improvement or other object for which a specific
appropriation has been made, the unencumbered balance of such ap-
propriation shall revert to the respective fund from which it was ap-
propriated, and shall be subject to further appropriation; provided,
however, this does not prohibit the council from giving the town man-
ager permission to authorize 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 provisions of the appropriations made by the council or under
continuing contracts and loans authorized under the provisions of this
charter. |

Section 32. Payment of claim—Payments by the town shall be
made only upon vouchers certified to by the head of the appropriate
department or other division of the town government, and by means
of warrants on the town treasurer, issued and countersigned by the
chairman of finance and by the town manager. All payrolls, bills, and
other claims and demands against the town shall be examined, correctly
computed and duly certified before a warrant shall be issued in pay-
ment thereof, and no warrant for payment shall be issued unless it 1s
found that the claim is in proper form; that it is justly and legally due
and payable; and that an appropriation 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 pay-
ment. He may require any claimant to make oath to the validity of the
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.

Section 33. Certification.—No contract, agreement or other obliga-
tion 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 authority,
as the case may be, that the money required for such contract, agree-
ment, 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, agree-
ment, or other obligation involving the expenditure 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.

Section 34. Contingent fund.—Provision shall be made in the an-
nual 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 joimt control of the town manager
and the town council.
Section 35. License taxes.—(a) License taxes may be imposed by
ordinance on businesses, trades, professions and callings and upon the
persons, firms, associations and corporations engaged therein, and
the agents thereof, except in cases where taxation by the localities
shall be prohibited by the general law of the State, and nothing
herein shall be construed to repeal or amend any general law with
respect to taxation.

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

(c) For every town license granted by the commissioner of revenue
under this charter he shall charge a fee to be prescribed by an ordi-
nance not in excess of seventy-five cents, and for transferring a license.
the fee shall be fifty cents; such license or transfer may be withheld
until the fees are paid into the town treasury for town purposes, and
the commissioner of revenue shall be paid a salary in lieu thereof.

Section 36. 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 for school purposes.

(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 Waynesboro is authorized to and
shall annually order a town levy for so much, as in their opinion 1s
necessary to be raised in that way, in addition to what may be received
for licenses and from other sources, to meet the appropriations 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 expressly 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;
provided, however, that said town may levy a tax upon intangible per-
sonal property assessed to residents therein and segregated by law to
the State for the purposes of State taxation, at any rate not exceeding
the maximum rate provided by law.

It is hereby expressly provided that said council shall, in its discre-
tion, be authorized to fix such annual levy on property subject to taxa-
tion in the town of Waynesboro, for town purposes, without any
limit as to the rate thereof, any provisions of the general laws of the
State to the contrary notwithstanding, provided that said council 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) If the commissioner of revenue ascertains that any person or
any real or personal property, has not been assessed for town taxation
for any year, or that the same has been assessed at less than the law
requires for any year, or that the taxes thereon for any cause have
not been realized, it shall be the duty of the commissioner to list the
same, and assess town taxes thereon at the rate prescribed for that
year, adding thereto interest at the rate of six per centum per annum.
Where the same was omitted by no fault of the person charged with
the taxes, no interest shall be charged.

(e) The provisions of this charter, in so far as applicable, with
respect to the collection of taxes shall apply to the assessment and
collection, and to the administration of the assessment and collec-
tion of taxes on personal property and all classes thereof.

(f) All goods and chattels of any person against whom taxes
for the town are assessed, may be distrained and sold for said taxes
when due and unpaid in the same manner and to the same extent that
goods and chattels may be distrained and sold for State taxes.

Section 37. Special assessments.—(a) All local or special assess-
ments shall be made and assessed by the town manager under such
regulations as the council may by ordinance prescribe.

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

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

(b) No road tax shall be levied in the said town of Waynesboro,
by the county of Augusta, or any subdivision thereof; and the in-
habitants of the town and all taxable property, personal and real, within
the corporate limits of the town shall be exempt from all assessments
and levies imposed by the authorities of the county of Augusta or
South River magisterial district thereof, for the construction, repair
or maintenance of roads lying outside of the corporate limits of the
said town.

Section 38. Audits of accounts——Upon the death, resignation, re-
moval or expiration of the term of any officer of the town, the town
manager shall order an audit and investigation to be made of the ac-
counts of such officer and report to the council.

As soon as practicable after the close of such fiscal year an annual
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 officers or employees. The council may
at any time provide for an examination or audit of the accounts of
any officer or department of the town government.
TAX LIEN AND SALE FOR DELINQUENT TAXES

Section 39. Tax lien on real estate—A lien shall exist on all real
estate within the corporate limits for taxes, levies and assessments,
in favor of the town, assessed thereon, from the commencement of the
year for which the same were assessed. The council may by ordinance
permit taxes to be paid in semi-annual installments. The council shall
require all real estate, delinquent for the nonpayment of taxes, levies,
or assessments thereon or against the same, to be sold for the said taxes,
levies, or assessments, and may cause a good and sufficient deed to be
made to the purchaser, his heirs or assigns.

Delinquent list—The treasurer shall make out and deliver to the
council at its regular meeting in July of each year hereafter, a list
of all of the real estate upon which taxes, levies, or assessments are
due and unpaid for the previous year. The treasurer upon the direc-
tion of the council shall sell at public outcry all said real estate, after
advertising the time and place of sale once a week for four successive
issues Of a newspaper published in the town, in which shall appear
a description of the real estate as shown on the books of the commis-
sioner of revenue, and the name of the owner thereof at the time it
was returned delinquent, with the amount of taxes, levies or assess-
ments against each parcel.

Sale.—If the taxes, levies, or assessments with interest and costs
are not paid before the date of sale, the treasurer shall make sale
of the said parcels of real estate to satisfy the taxes, levies, assess-
ments, and interest thereon to the highest bidder. The sale may be
adjourned from day to day until completed. The treasurer shall
execute to the purchaser a certificate of sale, in which the real estate
purchased shall be described, and the total amount of taxes, levies,
or assessments, with interest and the costs shall be specified. The
treasurer shall not directly or indirectly be a purchaser.

When bid in for the town.—If no bid is made, or such bid shall not
be sufficient to satisfy the taxes, levies, or assessments, with interest
and costs, the treasurer shall purchase such parcels of real estate for
the town. He shall execute his certificate of sale to the town and deposit
it with the clerk of the council.

Report of sale—The treasurer shall within thirty days after the
sale is completed make a report thereof, showing each parcel of real
estate sold, the date of sale, the name of the purchaser, the amount of
purchase money for each lot, and the report shall be filed with the
clerk of the council and by him recorded in a book kept for the
purpose.

Redemption.—The owner of any real estate so sold, his heirs or
assigns, or any person having a right to charge such real estate with
a debt, or otherwise interested therein, may redeem the same by
paying the purchaser, his heirs or assigns, at any time within two
years from the date of sale, the whole amount paid by such purchaser
and such additional taxes thereon as may have been paid by the pur-
chaser, his heirs or assigns, with interest and costs; or if purchased
by the town, with such additional sums as have subsequently accrued
for taxes, levies, or assessments thereon, with costs, if the same had
not been purchased by the town, with interest. If the purchaser, his
heirs or assigns, does not reside or cannot be found in the town, or
refuses to receive the same, payment may be made to the town sergeant.

Redemption by persons under disability—Any infant, insane per-
son or person in prison, whose real estate may have been so sold, or
his heirs, may redeem the same by paying to the purchaser, his heirs
or assigns, within two years from the removal of their disability, the
amount for which the same was sold, with interest and costs as
aforesaid, and such additional taxes, levies or assessments on the real
estate as may have been paid by the purchaser, his heirs or assigns, and
the appram@d value of any improvements that may have been made
thereon, with interest on the said items at the rate of six per cent, from
the time they may have been made. Upon such payment, and the
payment of such additional sums as may have been incurred by the
purchaser in obtaining a deed within two years after the removal of
such disability, the purchaser, his heirs or assigns, shall at the cost of
the original owner, his heirs or assigns, convey to him or them, by
deed with special warranty the real estate so sold.

Application for deed.—If any real estate so sold be not redeemed
within the time allowed for redemption, the purchaser, his heirs or
assigns may thereupon petition the council that the real estate be con-
veyed to him, and after due notice to the party or parties for whose
delinquent taxes, levies or assessments, the said real estate was sold,
and similar notice to the owner as shown by the records of the
clerk’s office of the circuit court of Augusta county, either by personal
service, or in the event personal! service cannot be had by reason of non-
residence, or disability of, any kind, by publication once a week for
four successive weeks in a newspaper published in the town, at the
expense of the applicant, the said council shall determine whether
all the requirements as to the assessment, the sale, the purchase, and
the period of redemption shall have been complied with, and 1f upon
such inquiry it be ascertained that the same has been regularly com-
plied with, and that the purchaser, or his heirs or assigns, ts entitled to
a conveyance of the said real estate, the council shall direct the same
to be conveyed by the clerk of the council. Where the purchaser has
assigned the benefit of his purchase, the deed may be with his consent
evidenced by his joining therein, or by writing annexed thereto, executed
to his assignee. And if the purchaser shall have died, his heirs or
assigns may move the council to order the clerk of the council of the
town to execute a deed conveying the property to such heirs -or
assigns. Such inquiry shall be deemed to be conclusive as to the
regularity of all proceedings connected therewith, but nothing con-
tained in this section shall apply to real estate purchased by the
town at the delinquent tax sale.

Purchase by town.—Any real estate purchased by the town at a
delinquent tax sale provided for herein not redeemed in accordance
with the provisions of this charter shall be disposed of by the town
in such manner as the council may prescribe.

Effect of deed.—When the purchaser of any real estate sold for
taxes, levies, or assessments, his heirs or assigns, shall have obtained
a deed therefor, and within sixty days from the date of such deed shall
have caused the same to be recorded; all the rights or title to such
estate shall stand vested in the grantee in such deed as it was vested
in the party assessed with the taxes, levies, or assessments, on account
whereof the sale was made, at the commencement of the year for
which said taxes, levies, or assessments were made; and the title of
the purchaser shall not be defeated, except by showing that the real
estate was not subject to the taxes, levies, or assessments for which
it was sold; or the taxes, levies or assessments for the yea® for which
it had been sold had been paid.

PUBLIC PROPERTY AND FRANCHISE

Section 40. Transfer of franchise—No public utility franchise
shall be transferable except with the approval of the council expressed
by ordinance, and copies of all authorized transfers 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, extensions
or amendments of public utility franchises, whether so provided in the
ordinance or not, shall be subject to the right of the town,

(1) To require proper and adequate extensions of plant and serv-
ices and the maintenance of the plant and fixtures at the highest prac-
tical standard of efficiency.

(2) To require recognized standards of service.

(3) To prescribe the form of accounts and at any time to examine
and audit the accounts and other records of such utility; and to require
annual and other reports by such public utility ; provided, that if forms
of account shall have been prescribed by the State corporation com-
mission of Virginia for public utilities throughout the State, the form
so prescribed shall be controlling.

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

(S) 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 obliga-
tions 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.

( 6) However, if there shall be omitted from this charter any
provisions essential to the valid sale, or granting, renewing, extending.
or amending, of any franchise, privilege, lease, or right of any kind
to use any public property therein, the provisions of the general 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 con-
strued to conflict with the jurisdiction of the State corporation com-
mission of Virginia.

PUBLIC SCHOOLS

Section 41. The town of Waynesboro shall constitute a separate
school district. It shall have a school board consisting of three
members, one of whom shall be appointed annually by the council of
the town, to serve for a term of three years; the eligibility and con+
pensation of the members of the school board shall be the same as
prescribed by law.

The school board shall be a body corporate under the name of the
“Waynesboro school board,” by which name it may sue and be sued,
contract and be contracted with, purchase, take, hold, lease, and con-
vey school property, both real and personal. The title to all public
school property within the corporate limits of the town shall be and
the same is hereby by operation of law transferred to and vested in
the Waynesboro school board.

By mutual consent of the school board and the council of the
town, the title to the said school property may, by the said board, be
transferred to and vested in the said town.

The school board shall submit to the council annually or oftener
an estimate of what funds may be needed for the proper maintenance
and growth of the public schools of the town, and the council shall levy
a tax upon property subject to local taxation for the purpose of
maintaining the schools, to be collected along with other taxes by the
treasurer of the town and placed in a special account, subject to
the order of the school board. The State school fund shall be appor-
tioned to the Waynesboro school district separately from the county
of Augusta, and all such funds designated for the benefit of the
schools therein shall be paid by the disbursing officers of the State to
the treasurer of the said town and by such treasurer of the said town
and kept in his school account, to be paid out on the order of the
said school board.

The said school board shall establish and maintain in the said town
a general system of public free schools in accordance with the require-
ments of the Constitution and general education policy of the Com-
monwealth, for the accomplishment of which purpose it shall have
the following powers and duties:

First. To explain, enforce and observe the school laws, and to
make rules for the government of the schools and for regulating the
conduct of pupils going to and returning therefrom.

Second. To determine the studies to be pursued, in accordance with
the regulations of the State board of education, the methods of teach-
ing, the government to be employed in the schools, and the length
of the school term.

Third. To employ teachers from a list or lists of: eligibles to be
furnished by the division superintendent, and to dismiss them when
delinquent, inefficient, or in any wise unworthy of the position, but no
teacher shall be employed unless such teacher has the qualifications
prescribed by law. ,

-Fourth. To suspend or expel pupils when the prosperity and effii-
ency of the schools make it necessary; to decide what children enter-
ing the schools of the town are entitled by reason of the poverty of
their parents or guardians to receive text-books free of charge, and
provide for supplying them accordingly ; to establish a high school or
high schools; to see that the census of children is taken within the
proper time and in the proper manner, as prescribed by law.

Fifth. To hold regular and special meetings of the school board
and to call meetings of the people of the town for consultation in
regard to the school interests thereof.

Sixth. To provide suitable school houses with proper furniture and
appliances and to care for, manage and control the school property ot
the town. For these purposes it may lease, purchase, or build such
school houses according to the exigencies of the town and the means
at its disposal. The plans for all school houses shall be submitted to
and approved in writing by the division superintendent of schools, be-
fore the same is contracted for or erected. All school buildings shall
be maintained in a safe and sanitary condition, with due regard for
health and decency, and for the lack of which the division superintend-
ent shall. condemn the same and immediately give notice to the chair-
man of the said school board in writing, and thereafter no school shall
be held therein nor shall any of the State or town fund be applied to
support any such school houses, until the division superintendent shall
certify in writing to the town school board that he is satisfied with the
condition of such building, and with the equipment pertaining thereto.

Seventh. To visit the public schools of the town from time to time
and to take care that they are conducted according to law and with
the utmost efficiency; to manage and control the school funds of the
town, and to provide for the pay of the teachers, and for any expenses
attending the administration of the public school system in the said
town, so far as the same is under the control or at the charge of the
school officials.

Eighth. To examine all claims against the school board and when
approved pay the same provided that a record of such approval shall
be made in the proceedings of the board and a warrant on the town
treasurer shall be drawn, signed by the chairman of the board and
countersigned by the clerk thereof, payable to the person or persons
entitled to receive such money and stating on its face the purpose or
service for which it is to be paid, and that such warrant 1s drawn in
pursuance of an order entered by the board on the........ day of.......-.........

The said school board shall have power to acquire by condemnation
land within or without the town, whether dwellings, yards, gardens,
or orchards be invaded or not, for school purposes not to exceed ten
acres for any one school when necessary.

Tenth. And in addition to the foregoing enumerated powers and
duties the said school board shall exercise such other powers and per-
form such other duties not inconsistent herewith as are prescribed for
county school boards insofar as applicable, or imposed by the State
board of education.

The present members of the school board of the town of Waynes-
boro shall continue in office until their several terms expire; they shall
not be members of the school board of Augusta county, and the county
school board of Augusta county shall have no control over the school
property of the said town or the administration of the public school
svstem thereof.

GENERAL PROVISIONS

Section 42. 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.

Vacancies in the council shall be filled by the remaining members
of the council, except as otherwise provided by general law.

Section 43. Oath of office and qualification Except as otherwise
provided by general law or by this charter, all officers elected or ap-
pointed 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
any officer within ten days after the term of office shall have begun or
after his appointment to fill a vacancy, then such office shall be con-
sidered vacant.

Section 44. Officers to administer oaths.—The commissioner of the
revenue, town clerk, town treasurer and town manager shall have
power to administer oaths and to take and sign affidavits in the dis-
charge of their respective official duties.

Section 45. 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 cor-
porate surety, 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.

Section 46. Investigations—The council, the town manager anc
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 pro.
duction 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 of-
ficer be summoned before the trial justice of the said town by the
board or official making such investigation, and upon failure to give
satisfactory explanation of such failure or refusal, may be fined by the
trial justice not exceeding one hundred dollars or imprisoned not ex-
ceeding thirty days, and such person shall have the right to appeal to
the circuit court of Augusta county. Any person who shall give false
testimony under oath at any such investigation shall be liable to prose-
cution for perjury.

Section 47. Revocable permits——Every permit given or authorized
by the council or town manager to violate 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 ordinances oi
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.

Section 48. Books and papers delivered to successor or town clerk.
—Any person holding a municipal office and vacating the same on ac-
count of removal or otherwise shall deliver over to his successor in
office, or to the town clerk, all property and books and papers belong-
ing to the town, or appertaining to such office which may be in his pos-
session or under his control, and in 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 re-
quest of the town clerk, he sha!l forfeit and pay to said town a sum not
in excess of five hundred dollars, to be sued for and recovered with
costs, and all books, records and documents used in such office by vir-
tue of any provisions of this act or of any ordinance 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 bond shall be re-
sponsible therefor.

Section 50. 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 Waynes-
boro.

‘Section 51. Penalty for officers failing to perform duties—If any
officer of the town of Waynesboro, whether he be elected by vote of
the people or by the council, or appointed by the council, or the town
manager, shall fail or refuse to perform any of the duties required of
him by this chapter or by ordinance or resolution of the town council,
he 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.

Section 52. 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 education or eleemosynary
institutions in the town may, with approbation of the town manager
or mayor, appoint one or more police agents, who shall have authority
in all cases in which the rights of such person, firm, association, or
owner 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 preserva-
tion of the peace, the arrest of offenders, and disorderly persons, and
for the enforcement of laws against crimes, and such person, firm,
association, or Owner or owners, or the president of such owning
corporation may remove any such agent at pleasure, and the town
manager or mayor, or the successor of either, giving such consent may
at any time revoke it. Such police agents shall qualify before the of-
ficer approving their appointment and a record shall be kept of their
appointment and qualification; but the town shall not on account of
said approval or consent of the mayor or town manager to said appoint-
ment, be liable to any person for the negligence or acts of omission or
commission of said police agents.

Section 53. Town plan.—The town council may cause to be pre-
pared 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 channels 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 ad-
joining 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
Waynesboro a more convenient, attractive, and modern town.

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

The council, at its discretion, shall have power to vacate, alter, or
discontinue, in whole or in part, any public street, avenue, or alley, in
the town in the manner following:

On the application of any landowner or on resolution of the council
of its own motion, the mayor shall appoint three viewers to act as
commissioners, who shall ascertain and report if any inconvenience will
result to the public and whether in their opinion any, and if any, what
special damage, will be suffered by the landowner or landowners abut-
ting thereon, if the street, avenue, or alley is vacated, discontinued, or
altered in whole or in part, as proposed. Upon the return of the re-
port, the mayor shall fix a time and place to consider the said report,
of which the clerk of the council shall give notice by publication once
a week for two successive weeks in a newspaper published in the town,
or having general circulation therein. At the hearing, evidence may
be offered for and against the report, and the council may at that or
any adjourned or regular meeting approve, or modify the report as to
it shall seem right, just and proper, and as approved, or modified.
adopt the same, or reject the report and dismiss the proceeding. It
the report is adopted, or as modified is adopted, the council shall pass
an ordinance prescribing such conditions, if any, as to it shall seem
proper, vacating, discontinuing, or altering the said street, avenue, or
alley in whole or in part. The title to the street, avenue, or alley, or
to such part thereof as shall be vacated, discontinued or altered shall
vest in the town, or in the landowner or landowners, whose property
abuts thereon, to be determined by the council in the ordinance. <n
appeal of right may be taken by a dissatisfied landowner affected.
within ten days of the passage of the ordinance, vacating, discontinu-
ing or altering any street, avenue, or alley, or any part thereof, to the
circuit court of Augusta county on the question of special damages,
awarded, but the right, motives, or purposes of the council touching
the vacation, alteration, or discontinuance of the street, avenue, or alley,
in whole or in part, or the conditions prescribed or annexed, shall not
be open to inquiry on appeal.

Any street, avenue or alley in the town, or any part thereof here-
tofore altered or vacated by the council is hereby confirmed.

(b) The said town shall have the use and control of all streets 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 section
fifty-two hundred and seventeen of the Code of Virginia, shall be re-
corded in the office of the clerk of the circuit court of Augusta 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 town
manager, and to the council, and approved by the council by ordinance
or resolution, 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 dedica-
tion of the streets, alleys, parks and public places thereon, the counci
shall require that the streets and alleys thereon shall be properly laic
out and located with reference to the topography of the land so plattec
and the relation thereof to the streets and alleys contiguous thereto anc
the adjoining lands, both as to connections and widths, which width:
of such streets and alleys shall be plainly marked in figures or writter
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 require
the owner thereof to execute and deliver to the town of Waynesboro 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 Waynesboro 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 Waynesboro 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 therewith or by
an instrument of writing to be executed and recorded in said clerk’s
office, circuit court of Augusta courty.

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 council and re-
corded by the owner or at his expense in the record of the profiles of
the streets and alleys of the town, and the council may, in its discre-
tion, 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 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 Waynesboro.

Section 54. 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 conserva-
tor 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 town
may be necessary to enable him to discharge the duties of his office.

Section 55. General power.—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 observance 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 trial
justice or his substitute, in the absence of the trial justice, and applied
in aid of the taxes imposed by said town.
Section 56. Ordinances to continue in force——All ordinances now
in force in the town of Waynesboro, not inconsistent with this charter,
shall be and remain in force until altered, amended or repealed -by the
council of said town. |

Section 57. Town to settle controversies.—In the event the town
manager, or other officer elected by the council, in the administration
of their respective duties, shall disagree or have any controversy with
any of the officers of the town elected by the voters, such matter in
dispute or controversy shall be referred to the council for review and
decision.

Section 58. 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 thereot
directly involved in the controversy in which said judgment shall have
been rendered.

Section 59. In case of default on the part of any bonded munici-
pal officer, the town shall have the same remedies against him and his
sureties as are provided for the State in enforcing the penalty of any
official. bond given to it.

Section 60. The same person shall be eligible to, and if elected, or
appointed, may hold a county office and a town office if the said offces
be of the same nature, at the same time; provided, such officer lives
within the town limits; and a person otherwise qualified who is a resi-
dent of the said town shall be eligible to election or appointment to
any county office of Augusta county.

Section 61. The present officers of the town shall be and remain
in office until the expiration of their several terms.

Section 62. 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 implied
thereby, 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.

Section 63. Repealing clause.—All acts and parts of acts in conflict
with this charter are hereby repealed, in so far as they affect the provi-
sions of this charter, and former charters and amendments thereto for
the town of Waynesboro are hereby repealed; provided, however, that
nothing contained in this act, shall be construed to invalidate or to, in
any manner, affect the present existing indebtedness and liabilities ot
the town of Waynesboro, whether evidenced by bonded obligations or
otherwise, or to relieve it of any part of its present obligation or
liability on account of district bond issues, liabilities or debts of what-
soever nature or kind.

Section 64. When charter takes effect—In order that this act mav
be given effect as soon as practicable, an emergency is declared to
exist, and this act shall be in force from its passage.