Chap. 226.—An ACT to provide a new charter for the town of Gordonsville, Vir-
ginia; to repeal all acts or parts of acts in conflict therewith; and to validate
all contracts heretofore or hereafter made by the present council and govern-
ment while in office not inconsistent with this charter or the Constitution and
general laws of this State. [H B 203]

Approved March 23, 1932

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

1, The town corporate.—The inhabitants of the town of Gordons-
ville, as its limitations are now or may hereafter be established, shall
constitute a body, politic and corporate, to be known and designated
as the town of Gordonsville, and as such shall have and may exercise
all powers which are now and hereafter may be conferred upon or
delegated to towns under the constitution and laws of the Common-
wealth 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.

2. The town boundaries.—The corporate limits of the town of
Gordonsville, Virginia, as heretofore established, are hereby re-estab-
lished as follows: Beginning at a planted rock (formerly at the stables
of the Exchange hotel) lying between the Louisa road and the Chesa-
peake and Ohio railroad, thence north thirty-three and one-half degrees
west three thousand five hundred seventy-six and four-hundredths feet
to the Charlottesville road, thence along the Charlottesville road north
fifty-one and one-half degrees east one thousand four hundred ninety-
five feet to the eastern side of north Main street, thence north fifty-
four degrees east eighty-two and one-half feet to a point on the south
side of State highway number thirty-two, thence along said highway
north sixty-seven and one-quarter degrees east nine hundred fifty-two
and four-tenths feet to a point on south side of said highway, thence
south forty degrees east three thousand one hundred twenty-six and
seven-tenths feet to a point formerly the line between Moyer and W. H.
Mann, thence south thirty-two degrees east five hundred thirty-six and
two-tenths feet to the southeastern corner of the Moyer property,
thence south fifty-seven and one-tenth degrees west to the southwestern
corner of the Moyer lot, thence south fifty-six and one-half degrees
west to the beginning.

3. Powers.—lIn addition to the powers mentioned in section one
hereof, the town of Gordonsville 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, in such manner as said council shall deem
expedient in accordance with the constitution of this State and of the
United States.

Second. To impose special or local assessments for local improve:
ments and to enforce payment thereof, subject to such limitations pre-
scribed by the Constitution and laws 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
dences 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 therein, within or with-
out the town, for any of the purposes thereof; and to hold, improve,
sell, lease, mortgage the same or any part thereof, including any prop-
erty now owned by the town.

Sixth. To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, grounds
and structures necessary or appropriate for the use and proper opera-
tion of the various departments of the town.

Seventh. To own, operate and maintain water works and to ac-
quire 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 to said town and of piping or conducting the same; to lay all
necessary mains and service lines within and without the corporate
limits of said town; 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
exercise full police powers and sanitary patrol over all lands comprised
within the limits of the water shed tributary to any such water supply
wherever 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 there-
of; and to carry out the powers herein granted, the said town may
exercise within the State all powers of eminent domain provided by
the laws of this State. |

Eighth. To own, operate and maintain electric light and gas works,
either within or without the corporate limits of said town and to supply
gas and electricity, whether the same 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 to purchase
electricity and gas from the owners thereof upon such terms as it may
deem expedient. ,

Ninth. To establish, impose and enforce the collection of water,
light and sewerage rates and rates and charges for other services,
products or conveniences operated or furnished by the town: and the
said council may prescribe a different rate to be paid for such services
and conveniences rendered to users or consumers without the corporate
limits from the charges made to those within the corporate limits of
said town.

Tenth. To establish, enter, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle and clean public highways, streets,
alleys, park ways and parks, and to alter or close the same; to regulate
the use of all such highways, parks and public grounds; to prevent the
obstruction of such streets and highways; to require any railroad com-
pany operating a railroad at the place where any highway or street 1s
crossed within the town limits to erect and maintain at such crossing
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 in accordance with the general law of the State, and to regulate
the length of time such crossings may be closed due to any operations
of the railroad; to regulate the operation and speed of all cars and
vehicles upon said streets and highways, as well as the speed of all
engines, cars and trains or railroads within the town; to permit or
prohibit poles and wires for electric, telephone and telegraph purposes
to be erected and gas lines to be laid in the streets and alleys, and to
prescribe and collect an annual charge for such privileges hereafter
granted; to require the owner or lessee of any electric light, telephone
or telegraph pole or poles or wires now in use or hereafter erected to
change the location or move the same.

Eleventh. To acquire by gift, purchase or by the exercise of the
power of eminent domain within this State, land or any interest or
estate in lands, rock quarries, gravel pits, sand 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 tramwavs thereto and operate the same for the
purpose of producing materials required for any and all purposes of
the said town.

Twelfth. To establish, construct and maintain sanitary sewers,
sewer lines and cisterns 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 otherwise,
within or without the town, all lands, rights of way and other rights
and easements necessary for the purposes aforesaid, and to charge and
collect reasonable fees or assessments or costs of service for connect-
ing with and using the same.

Thirteenth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter to grant franchises for public utilities.

Fourteenth. To collect and dispose of sewerage, offal, ashes,
garbage, carcasses of dead animals and other refuse and to make rea-
sonable charges therefor; to acquire and operate reduction or other
plants for the utilization or destruction of such materials or any of
them, and to contract for and regulate and collect for the disposal
thereof and to require and regulate the disposal thereof.
Fifteenth. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond its limits
at the expense of the person or persons causing the same, or of the
Owner or occupant on 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
unsightly 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 of 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 un-
necessary noise, to regulate the location of stables and the manner in
which they shall be kept and constructed; to regulate the location, con-
struction 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 prop-
erty having sidewalks in front thereof to keep the same clean and
sanitary, and free from all weeds, filth, unsightly deposits, ice or snow.

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

Seventeenth. 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.

Eighteenth. To extinguish and prevent fires, and to establish, reg-
ulate and control a fire department or division, to regulate the size,
heights, materials and construction of buildings, fences, walls, retaining
walls and other structures hereafter erected in stich manner as the
public safety and conveniences may require ; to remove or require to be
removed or reconstructed any building, structure or addition 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 con-
structed, removed, added to, enlarged, or repaired, and to direct any or
all future buildings within such limits shall be constructed of stone,
natural or artificial, concrete, brick, iron or other fireproof material;
and may enact stringent and efficient laws for securing the safetv of
persons from fires in halls and buildings used for public assemblies,
entertainments or amusements.

_ Nineteenth. To charge and to collect fees for permits to use public
facilities and for public service and privileges. The said town shall
have the power and right to charge a different rate for any service
rendered or convenience furnished to citizens without the corporate
limits from the rates charged for similar service to citizens within the
corporate limits.

Twentieth. To prevent any person having no visible means of
support, paupers, and persons who may be dangerous to the peace and
safety of the town, from coming to said town from without the same;
and also to expel therefrom any such person who has been in said town
less than twelve months.

Twenty-one. 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 any plot
or burial lot therein, the town is authorized to take and receive sums
of money by gift, bequest, or otherwise, to be kept invested, and the
income thereof used in and about the perpetual upkeep and care of the
said lot or plot, for which the said donation, gift, or bequest shall have
been made.

Twenty-two. To exercise full police powers and establish and main-
tain a department or division of police.

Twenty-three. To restrain and punish drunkards, vagrants and
street beggars; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disorderly exhibitions in said
town; and to expel therefrom persons guilty of such conduct who have
not resided therein as much as one year.

Twenty-four. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals and similar shows or fairs,
or prohibit the holding of the same or any of them within the town,
or within one mile thereof; to require every owner of a motor vehicle
residing in the said town, on a date to be designated by the council,
to annually register such motor vehicle and obtain a license to operate
the same by making application to the treasurer of said town, and to
require said owner to pay an annual license fee therefor, to be fixed
by the council, but said license fee shall not exceed the amount charged
by the State on said machine.

Twenty-five. To make and enforce ordinances similar to the pro-
hibition laws of the State. .

Twenty-six. To do all things whatsoever necessary ~~ cxpedient,
and lawful to be done, for promoting or maintaining 1... general wel-
fare, comfort, education, morals, peace, government, health, trade,
commerce, or industries of the town; or its inhabitants.

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

Twenty-eight. To prohibit and punish mischievous, wanton or
malicious damage to school and public property as well as private
property.
Twenty-nine. To prohibit and punish minors from frequenting
playing in, or loitering in any public poolroom, billiard parlor or ten.
pin alley and to punish any proprietor or agent thereof for permitting
same.

Thirty. To pass and enforce all by-laws, rules, regulations anc
ordinances which it may deem necessary for the good order and gov.
ernment of the town, the management of its property, the conduct o!
its affairs, the peace, comfort, convenience, order, morals, health anc
protection of its citizens or their property, and to do such other thing:
and pass such other laws as may be necessary or proper to carry intc
full effect, all power, authority, capacity, or jurisdiction, which is ot
shall be granted to or vested in said town, or in the council or officers
thereof, or which may be necessarily incident to a municipal cor-
poration.

The town of Gordonsville 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.

4. Administration and government.—The administration and gov-
ernment of the town shall be vested in one principal officer, styled the
mayor, and six councilmen, who together with the mayor shall con-
stitute the council of said town. The mayor and councilmen shall be
electors of said town. Vacancies in the office of mayor or councilman
shall be filled for the unexpired term by a majority vote of the remain-
ing members of the council. ,

5. The mayor and councilmen in office at the time of the passage
of this act shall continue in office until the first day of September,
nineteen hundred thirty-three, or until their successors are elected and
qualified. The election for mayor and councilmen shall be held on the
second Tuesday in June, nineteen hundred thirty-three, and every sec-
ond year thereafter and the mayor and councilmen elected under this
act shall enter upon the duties of their respective offices the first day
of September succeeding their election.

6. Town officers.—The officers of the said town, in addition to the
mayor and councilmen, shall be a treasurer, a clerk and a sergeant,
who shall be electors of the town; the council may by ordinance provide
for such other officers, agents and employees as it may deem appro-
priate, prescribe their duties and fix their compensation. The treasurer,
clerk and sergeant shall be elected by the council for a term of two
years coincident with that of the council. The office of treasurer and
clerk may be filled by the same person, who may, by a vote of two-
thirds of all the members elected to the council, be a member of the
council.

7. Salaries—The council shall fix the salaries of the mayor, treas-
urer, clerk and sergeant, which shall not be increased or diminished
during their term of office.

8. Meetings of council.—The council shall by ordinance adopt such
rules as it may deem proper for the regulation of its proceedings and
xy a three-fourths vote of the whole council may expel a member for
good cause. A majority of the council shall constitute a quorum tor
the transaction of business, but no ordinance or resolution shall be
adopted having for its object the levying of taxes or contracting a debt
except by a vote of two-thirds of the council. The mayor shall preside
at all meetings of the council and in the absence or inability of the
mayor, the members of the council present shall elect one of their body
to preside over said meeting. The mayor or presiding officer shall be
entitled to vote on all questions coming before the council, but shall
have no power of veto.

9. All meetings of the council shall be public, unless the council
by a recorded affirmative vote of two-thirds of its members shall
declare that the public welfare demands an executive session of the
council; any citizen may have access to the minutes and records of the
council at any reasonable times.

10. The mayor.—The mayor shall preside at the meeting of the
council and perform such other duties consistent with his office as may
be imposed by the council; he shall have and exercise all power and
authority conferred by general law on mayors of towns not incon-
sistent with this charter; he shall be the official head of the town.
In times of public danger or emergency he may take command of the
police and maintain order and enforce the laws and for this purpose
may deputize such assistant policemen as may be necessary. During
his absence or disability his duties shall be performed by another mem-
ber elected by the council. He shall authenticate by his signature such
documents and instruments as the council, this charter or the laws ot
this State shall require.

11. The treasurer.—The town treasurer shall be the disbursing
agent of the town and have the custody of all monies and all evidences
of value belonging to the town or held in trust by the town. He shall
receive all money 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 assessments, 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 State treasurers for the
collection of county, city and State taxes under the general law. He
shall keep and disburse all monies or funds in such manner and in
such places as may be determined by ordinance or the provisions of law
applicable thereto. He shall pay no money out of the treasury except
in the manner prescribed by ordinance or the general law; he shall
perform such duties as are usually incident to the office of commis-
sioner of revenue in relation to the assessment of property and the
license taxes and shall have power to administer oaths in the perform-
ance of his official duties; and shall make such reports and perform
such other duties not inconsistent with the office as may be required
by the mayor or by ordinance or resolution of the council. The treas-
urer shall not be entitled to any commission for handling the funds of
the town but shall be paid such salary as may be provided by the
council, and before entering upon the duties of his office shall execute
a bond in such amount and with such security as the council by ordi-
nance may prescribe. ,

12. The town clerk——The town clerk shall be the clerk of the
council, shall attend all meetings thereof and shall keep a record of its
proceedings. He shall keep all papers, documents and records pertain-
ing to the town, the custody of which is not otherwise provided for.
He shall be custodian of the town seal and shall affix it to all docu-
ments and instruments requiring the seal and shall attest the same,
and shall perform such other duties as are required by general law or
by the council by ordinance or resolution.

13. The town sergeant——The town sergeant shall have the same
powers and discharge the same duties as a constable within the cor-
porate limits of the town and to a distance of one mile beyond the same;
he shall perform such duties as may be required of town sergeants by
the general law, and such other duties not inconsistent therewith as may
be required of him by ordinance or resolution of the council.

14. Police justice—The council may by ordinance create the office
of police justice for the town and such police justice may be granted
jurisdiction and powers similar to the jurisdiction and powers of police
‘ustices in Cities of this State. The term of office of such police justice
shall not be for a term extending beyond that of the council by which
he may be appointed.

15. License taxes.—License taxes may be imposed by ordinance
on business, trades, professions and callings and upon the persons,
firms, associations and corporations engaged therein, except in cases
where taxation by the localities 1s now or may hereafter be prohibited
by the general law of the State.

For every town license issued by the treasurer under this charter
he shall charge a fee to be prescribed by ordinance, not in excess of
seventy-five cents, and for transferring a license the fee shall be fifty
cents, such fees to be paid by the person obtaining the license or trans-
fer, and the license or transfer may be withheld until the fees are paid
into the town treasury for town purposes.

16. Capitation tax.—In addition to the general power of taxation
herein granted, the council may impose a tax of not exceeding one
dollar per annum upon all residents of the town who have attained the
age of twenty-one years, except such persons as may be exempt by law.

17. 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 and the procedure for collecting said
taxes, for selling real estate for town taxes and for the redemption of
real estate sold for town taxes shall be the same as provided in the
general law of the State to the same extent as if the provisions of said
general law were herein set out at length. The said town and its treas-
urer shall have the benefit of all other and additional remedies for the
collection of town taxes which are now or hereafter may be granted
or permitted under the general law.

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

19. 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 opera-
tions to the clause, sentence, paragraph, or part thereof directly in-
volved in the controversy in which said judgment shall have been
rendered.

20. Repealing clause——All acts and parts of acts in conflict with
this charter, in so far as they affect the provisions of this charter, and
former charters and amendments thereto for the town of Gordons-
ville, are hereby repealed.

21. Validation of contracts——All contracts and obligations hereto-
fore or hereafter made by the present council and government of the
town of Gordonsville while in office, not inconsistent with this charter
or the Constitution and general laws of this State, shall be and are
hereby declared to be valid and legal.