Chap. 162.—-An ACT to amend and,ge-enact chapter 157 of the acts of 1916, en-
titled an act to provide a new charter for the town of Front Royal, Warren
county, Virginia, and to repeal all acts or parts of acts in conflict therewith,
approved March 11, 1916, as heretofore amended by chapter 253 of the acts
of 1920, approved March 16, 1920. [H B 275]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That chapter
one hundred and fifty-seven of the acts of nineteen hundred and six-
teen, as heretofore amended, be amended and re-enacted so as to read
as follows:

Section 1. Boundaries of town—The corporate limits of the town
of Front Royal, Virginia, as heretofore established, are herebyre-estab-
lished as follows:

Beginning at a point where the west bank of Happy creek and
north line of Eighth street intersect, thence along the north side of
Eighth street to east side of Royal avenue, thence along east line of
Royal avenue to a point opposite north line Eighth street extended,
thence crossing Royal avenue and following north side of Eighth to
east side of Shenandoah avenue, thence along east side Shenandoah
avenue to north side Kendrick lane, thence southeast along the north
side of Kendrick lane to west side of Villa avenue, thence crossing
Kendrick’s lane and following the line of Colonel Millar’s property
and Randolph-Macon property to Mistress Katie Buck’s property,
thence westward along line between Mistress Buck and Randolph-
Macon for one hundred and thirty-two feet, thence crossing Mistress
Buck’s property south thirty-four west five hundred and twenty-eight
feet to a point opposite her house, thence south forty-one west three
hundred and seventy-three feet to north side of road leading to Doctor
Garrison’s property, thence eastward along north side of road four
hundred and twelve feet to a point opposite corner E. H. Hoffman’s
property, thence along his line to corner Doctor White’s property,
thence along Doctor White’s line to Mister Thornton Leach’s property,
thence along Mister Leach’s line to corner Mistress Davis Roy’s lot
a large white oak tree formerly known as Beecher’s corner, thence
along line between Mistress Roy and E. H. Hoffman to center of lane
between Mistress Roy and Druid Hill property, thence southward with
center of lane to Luray road, thence crossing Luray road and con-
tinue line south twenty-five east five hundred and fifty feet to a small
sassafras tree in cemetery line, thence following the eastern boundary of
cemetery by its several courses to Beatty lane, thence east along north
side of Beatty’s lane, cross Manor avenue, extended, a distance of
nine hundred and thirty-nine feet to a point opposite Beeden’s lane,
thence with Beeden’s lane south seven hundred and forty-five west
one thousand and seventy-eight feet to the northern boundary of a
road, thence with the northern boundary of said road and through
the lands of John Carter south eighty fifteen minutes east eight hundred
and sixteen feet to western boundary of W. E. Rudacille’s land, thence
with the western boundary of said W. E. Rudacille’s land north ten and
forty-five minutes east one thousand and sixty-four feet to the north-
ern boundary of Beatty’s lane, continued, thence with northern bound-
ary of Beatty’s lane in an easterly direction twelve hundred and twenty-
one feet to the west bank of Happy creek, thence continuing along west
bank of Happy creek to the beginning.

Section 2. Government of town. The government of the said
town shall be vested in a mayor and treasurer, chosen as hereinafter
provided, and three councilmen. The mayor and treasurer by virtue
of their office shall be members of the town council, the said mayor,
treasurer and councilmen to be chosen from the residents and electors
of the said town, and shall be elected by the qualified voters of the said
town on the second Tuesday in June, nineteen hundred and thirty and
every two years thereafter, as now provided by law.

Section 3. Officers; when to enter; vacancies and how filled. The
mayor, treasurer and three councilmen so elected shall enter upon the
discharge of their duties on the first day of September next succeeding
their election, and shall continue in office until their successors are
elected and qualified; but before entering upon the discharge of their
duties, however, they shall take an oath to faithfully perform the
same. Any vacancy occurring in the council or in the office of mayor
or treasurer shall be filled by the remaining members of the council.

Section 4. Powers of council. The council of the said town shall
have authority :

(1) To pass such by-laws and ordinances, not in conflict with the
Constitution of this State or of the United States, or contrary to the
laws of this State, as may be deemed necessary for the security, wel-
fare, and good government of the said town, together with the right to
provide for the enforcement of the same by such fine and imprison-
ment, either or both, as may now be inflicted or imposed by justices of
the peace.

(1)-A ‘The council may appoint an officer known as town man-
ager, who shall hold office during the pleasure of the council, whose
duties shall be prescibed by the council. He shall recetve such com-
pensation as shall be fixed by the council.

(2) To choose and appoint from among the electors of the said
town a town sergeant, who shall hold office during the pleasure of the
council. For the purpose of carrying into effect this act the said
sergeant shall, within the limits of the said town and within two miles
thereof have the same powers as are now conferred on a constable, and
for the like service shall receive the same fees as a constable, but in
addition to such fees the said sergeant may receive such reasonable
compensation as the council may determine.

Before entering upon the duties of his office, however, the said
sergeant shall take an oath to faithfully perform the same, and shall
likewise execute bond with surety approved by the council, in such
sum as the council may determine.

(3) To make all necessary provisions and regulations to prevent
accidents by fire, and minimize the danger thereof; to designate such
parts of such town as it may deem advisable within which no building
of wood shall be erected; to regulate and control the erection of all
buildings by ordinance, and to order the removal of any buildings or
building which shall hereafter be erected contrary to such ordinances
or regulations, at the expense of the owner thereof, and to cause any
building or structure of any kind which clearly appears to be unsafe
to be taken down at the expense of the owner thereof.

(4) To graduate and pave, or in any other manner improve, the
streets, walks and alleys of said town, and to have them kept in good
order and repair, and properly lighted and paved, and to require the
payment by the property owners benefitted by such works or improve-
ments, of such portion of the cost thereof as may be allowed by law,
and to make such sum a lien upon the real estate of such owners, and
collectible in the same manner as herein provided for the collection of
taxes, generally to prevent the cumbering or obstruction of the streets,
sidewalks, alleys, lanes, or bridges in the said town in any manner
whatsoever, and, in particular, to prevent the erection or maintenance
of any porch, porch steps, wires, poles or other encroachments upon
the streets, pavements, walks, alleys or lanes in said town, with full
authority to have such obstructions or encroachments removed at
the expense of the owner or owners thereof, the amount of expense so
incurred to constitute a lien upon the real estate of the said owner or
owners and collectible in the same manner as herein provided for the
collection of taxes generally.

(5) To prescribe rules and regulations for the location and orderly
building of blacksmith shops, garages, and all other shops, structures
and business considered likely to occasion accidents by fire; to regulate
the erection and location of privies, hog pens, stables, and cow sheds,
and slaughter houses; to remove and abate nuisances within said tewn
at the expense of those occasioning the same; and, if the council so
desires, to prevent the raising and keeping of hogs in said town, or any
part thereof; and generally to pass all by-laws regulations, and ordi-
nances, not contrary to the Constitution and laws of the United States
or this State. Except as herein provided, the said council shall have
all of the powers, rights and authority conferred by the general laws of
this State relating to towns.

Section 5. Powers, duties and qualifications of mayor. No per-
son shall be elected or act as mayor who holds any State, county or
Federal office (except notaries public, justices of the peace, United
States commissioners, referees in bankruptcy, or bank directors) and
who is not a duly qualified elector and resident of the said town. He
shall be the chief executive officer of the town; shall preside at all
meetings of the council, when present, but shall not vote except in case
of a tie.

Section 6. Town recorder, his powers and duties. The council
shall select one of its members (other than the mayor treasurer) as
town recorder, who shall keep a journal of all of the proceedings of
the council, who shall be the custodian of the town records, papers and
seal, and who shall perform such other duties as may be imposed upon
him by the council.

Section 7. Town treasurer, his powers and duties. The treasurer
shall have charge of all monies belonging to said town, and shall de-
posit the same in some solvent banking institution to be selected bv
him. He shall disburse said monies at the direction of the council,
upon a warrant signed by the mayor and countersigned by the re-
corder, and not otherwise. Before entering upon the discharge of his
duties, he shall execute bond payable to the town of Front Royal, to
faithfully perform his duty and honestly account for all funds coming
into his hands, said bond to be in the penalty of double the amount
coming into his hands, with sureties approved by the council. For
any default or liability on the part of the treasurer, the council, in the
corporate name of the town, may on motion, after fifteen days’ notice
to the said treasurer, or his personal representative, his bondsmen or
personal representatives, obtain judgment and execution before the
circuit court of Warren county, Virginia.

Section 8. So long as the said town shall, at its own expense main-
tain and keep its streets in good order and repair, it shall be exempt
from all labor and tax for county road purposes. In order to properly
maintain its streets, walks, and alleys, the council of the said town is
given full authority to employ such labor, means and methods as to it
may seem necessary.

Section 9. Neglect of duty by officer or employee.—-The council,
for neglect of duty by any officer or employee or appointee, shall have
full authority to remove from office.

Section 10. Compensation of mayor, treasurer, town recorder, and
councilmen.—The mayor shall receive a salary to be fixed by the coun-
cil, not in excess of the sum of three hundred dollars per year; the
treasurer shall receive a salary to be fixed by the council, not in excess
of the sum of one hundred and fifty dollars per annum; the town re-
corder shall receive a salary, to be fixed by the council, not in excess
of one thousand dollars per annum, while the remaining councilmen
shall receive a salary to be fixed by the council, not in excess of one
hundred and fifty dollars per annum.

Section 11. The council shall have the right to select a duly licensed
attorney as town attorney, whose compensation shall be fixed by the
council.

Section 12. Public utilities ——The council shall have full control
and regulation over the public utilities now owned or that may here-
after be acquired by the said town, and to this end it shall have full
authority to employ from time to time such employees as it may deem
necessary to properly maintain, conduct and operate the same; and
it shall have full authority to incur indebtedness, unless otherwise pro-
hibited hy law, whenever the said council may deem it necessary for
the proper conduct, management and maintenance of the public utilities
now owned by the said town, or such as may hereafter be acquired by it.

The said council shall likewise have authority, by ordinance duly
enacted, to compel all owners of real estate within the corporate limits
of said town to connect with such sewerage pipes or connections as
may hereafter be installed or constructed by the said town, upon such
reasonable terms as may be prescribed by said council, together with
all other authority necessary to a proper maintenance and operation
of an effective sewerage system.

The said council, however, shall have no authority to sell or lease
its public utilities, without first submitting the question of such sale
or lease, at a special election to be called for that purpose only, to the
qualified voters of the town of Front Royal, which election shall be
conducted as now provided by general law governing special elections.
The circuit court of Warren county, or the judge thereof in vacation,
shall order such special elections upon the petition of two hundred
qualihed voters of the town of Front Royal, or upon a resolution
passed by a majority of the council of said town. For a period of not
less than four weeks prior to said special election, the substantial terms
of any proposed sale or lease shall be published, over the signature of
the recorder of the said town, once a week for four successive weeks
in some newspaper published within the county of Warren. The
qualification of voters in said special elections shall be determined by
existing statutes governing other special elections.

Section 13. Taxes, levies and licenses—The said council shall
have authority to levy such taxes, levies and licenses permitted by the
general laws of the Commonwealth, as it now possesses,-and, excent’as
herein otherwise provided, the said council shall have all of the rights
and authority as it may possess at the time this act goes into effect.

Section 14. Corporate name.—The corporate name of the said
town shall be town of Front Royal; and all process shall be in and by
the said corporate name, and by the said name it shall sue and be sued;
it shall have a town seal, which shall be in the custody of the recorder
and afhxed by him to all documents or papers when required by the
general laws of this State or by this charter, or by any ordinance,
by-laws or regulations of the council enacted in pursuance of this
charter or in pursuance of the general laws of this State pertaining
to towns. ,

Section 15. All acts or parts of acts in conflict with this act are
hereby repealed.

Section 16. In view of the approaching June election and in the
furtherance of the public business of the said town, an emergency is
declared to exist and this act shall be in force from its passage.
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