Chap. 289.—An ACT to provide a new charter for the town of Richlands, Taze-
well county, Virginia, and to repeal all acts, or parts of acts in conflict
therewith. [S B 249]

Approved March 28, 1934

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. The inhabitants of the town of Richlands, 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 Richlands, and as such shall have and may exercise all powers which
are now or hereinafter 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 enumer-
ated herein and no enumeration of particular powers by this charter
shall be held to be exclusive.

Section 2. The territory contained within the limits of the said
town shall be the same as heretofore established by Acts of the General
Assembly, and is more particularly described as follows: Beginning
at a stone at the intersection of the northerly line of the right of way
of the Clinch valley division of the Norfolk and Western railroad with
the easterly line of a certain fifteen-foot-wide alley produced southerly
(said stone being distant in a course north twenty degrees and four
seconds west, fifty-two and sixty-nine one-hundredths feet from station
eleven, plus forty-one in the center line of said railroad) ; thence with
said northerly side of said right of way by a line curving to the left
with a radius of nineteen hundred and fifty and eight-tenths feet, pass-
ing Fairfax avenue (sixty feet wide), a distance of four hundred and
sixty-seven and thirty-two one-hundredths feet to a stone; thence still
on northerly line of said right of way south, eighty-eight degrees and
twenty-five seconds west, eight hundred and twenty-nine and eighty-
five one-hundredths feet to a stone, this stone being the starting point
of following description: beginning at said point on a course north
thirty-eight degrees and twenty-eight seconds west, eleven hundred
and thirty feet to a point near the south bank of the Clinch river; thence

north forty-three degrees west, nine hundred and three feet to a point;
thence north thirty-six degrees east, seven hundrd and ten feet to a
point; thence north fifty-two degrees and fifty-five seconds, east, one
hundred and fifty-two feet to a point; thence north thirty-six degrees
and fifty-five seconds east, one hundred and ninety-three feet to a point ;
thence north sixty-three degrees and fifty-five seconds, east, one hun-
dred and ninety-eight feet to a point; thence north eighty-nine degrees
east, five hundred and four feet to a point; thence north sixty-one de-
grees and five-tenths seconds east, eighty-four feet to a point; thence
north thirty degrees east, three hundred and twenty-three feet to a
point ; thence north fifty-five degrees and fifty seconds east, seven hun-
dred and seventy-one feet to a point; thence north seventy degrees and
forty-five seconds, east, one hundred and eight feet to a point; thence
north fifty-four degrees and thirty-five seconds east, seven hundred and
eighty-nine feet to a point; thence due east, thirty-seven hundred and
twenty feet to a point; thence due south, thirty-four hundred and twenty
feet to a point on the south side of the right of way of the Clinch valley
division of the Norfolk and Western railroad; thence south seventy-
two degrees east, three hundred and forty feet to a point; thence north
eighty-four degrees and ten seconds east, five hundred and thirty feet to
a point; thence south twenty-nine degrees and fifty seconds east, three
hundred and seventy feet to a point; thence south four degrees and ten
seconds east, eight hundred feet to a point ; thence south five degrees and
fifty seconds west, two hundred and fifty feet to a point; thence south
eighty-three degrees west, seven hundred and ninety-six and five-tenths
feet to a point; thence south fifty-six degrees and thirty seconds west,
two hundred and ninety-four and five-tenths feet to a point; thence
south three degrees and fifty seconds, east, six hundred feet to
a point; thence north eighty-four degrees and thirty seconds
west, forty-seven hundred and sixty-five feet to a point; thence four
degrees and thirty-eight seconds west, forty-four hundred and ninety-
seven feet to a point; thence north fifteen degrees west, four hundred
and twenty-nine feet to a point; thence north thirty-eight degrees and
twenty-eight seconds west, eight hundred and forty-eight and one-tenth
feet to the point of beginning.

Section 3. Powers of the town of Richlands.—In addition to the
powers mentioned in section one hereof, the said town of Richlands
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.

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 or lease the same or any part there-
of, including any property now owned by the town; except that no
school property, water works, cemetery, or lighting plant shall be sold,
unless it is submitted to a vote of the people.

sixth. 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 coun-
cil 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 Tazewell, Vir-
ginia. |

Seventh. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, and
all buildings and structures necessary or appropriate for the use and
proper operation of the various departments of the town; and to ac-
quire by condemnation or otherwise all lands, riparian and other rights
and easements necessary for such improvements, or any of them.

Eighth. 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 corporate limits of
the said town, and to charge and collect water rents therefor: to erect
and maintain all necessary dams, pumping stations and other works
in connection therewith: to make reasonable rules and regulations for
promoting the purity of its 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
watershed tributary to any such water supply whenever such land 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 in-
junction 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 ripa-
rian 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, purchase or otherwise, any
estate or interest in such lands or any of them in fee.

Ninth. That in addition to the powers mentioned and enumerated
in the preceding sections of this charter, and those granted by general
law to towns, the council of the said town shall have the power: ,

(a) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real and personal, or any estate or interest therein, with-

in or without the town, for the purpose of a water supply for the said
town; to construct, maintain, regulate and operate a water system for
the use and benefit of the public within and without the corporate limits
of said town.

(b) To employ and fix the compensation of any technical, clerical,
or other force and help which, from time to time, in their judgment,
may be deemed necessary for the construction, operation or maintenance
of any such system, or to acquire the lands, water supplies, rights-of-
way, options and contracts necessary to perfect such system.

(c) To contract for the purchase of water, for such period of
time, and from time to time, as the judgment of the council deems
proper, from any person, firm, association, corporation, or municipality
within the State, and to fix the rates or charge to be paid for such wa-
ter, and to provide for the payment of such charges.

(d) To negotiate and contract with any person, firm, corporation,
or municipality, whether within this State, with regard to the connec-
tion of any such system with any other system or systems now in op-
eration or hereinafter to be established, and with regard to any other
matter necessary and proper for the construction or operation and main-
tenance of any such system.

Tenth. To establish, impose, and enforce water and sewerage rates,
and to assess or to cause to be assessed, after reasonable notice to the
owner or owners, water 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 ten-
ant a deposit of such reasonable amount as may be by such ordinance
prescribed before furnishing such service to such tenant.

Eleventh. To establish, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle, and clean public highways, streets, al-
leys, boulevards and parkways, and to alter or vacate the same; to es-
tablish 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 obstruc-
tion 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 open, lay out, and improve new
streets across the 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, and 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
Corporation Commission, after reasonable notice to such railroad com-
pany and after hearing such evidence as either party may adduce, shall
approve or revise and approve the plans for such crossing as the coun-
cil shall have determined shall be made, or substitute such other plans or
character of crossing, whether at grade, overhead or underpass, as the
State Corporation Commission may deem proper under all the facts,
circumstances and conditions, and the said improvements 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.
Twelfth. 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 otherwise,
within or without the town, all lands, right of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to
charge, assess, and collect reasonable fees, rentals or assessments or
costs of service for connecting with and using the same.
Thirteenth. Subject to the provisions of the Constitution of Wir.
ginia, and of this charter, to grant franchises for public utilities.
Fourteenth. To collect and dispose of sewerage, offal, ashes, gar-
bages, carcasses of dead animals, and other refuse, and to make rea-
sonable charges thereof; and to acquire and operate reduction or any
other plants for the utilization or destruction of such materials, or any
of them; to contract for and regulate the collection and disposal thereof,
and to require and regulate the collection and 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 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 noi-
some 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 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, pro-
hibit, 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.

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

Seventeenth. To extinquish and prevent fires, and to establish,
regulate and control a fire department or division; to regulate the size,
height, materials and construction of buildings, fences, walls, retaining
walls, and other structures hereafter erected in such manner as the
public safety and convenience 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 erect-
ed 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 to be constructed of stone, natural or ar-
tificial, concrete, brick, iron or other fireproof material; 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.

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

Nineteenth. 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 also, to expel therefrom any such person who has been in said town
less than twelve months.

Twentieth. To provide for the preservation of the general health
of the inhabitants of said town, make regulations to secure the same,
inspect all food and foodstuffs and prevent the introduction and sale in
said town of any articles or thing intended for human consumption
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 en-
force the removal of persons afflicted with contagious or infectious dis-
eases to hospitals provided for them; to provide the organization of a
department or bureau of health, to have the powers of a board of health
for said town, with the authority necessary for the prompt and efficient
performance of its duties, with power to invest any or all the officials
or employees 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 establish such quarantine regulations
against infectious and contagious diseases as the council may see fit.

Twenty-first. To provide in or near the towns, 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-second. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-third. 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-fourth. 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 re-
siding 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 re-
quire 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-fifth. To do all things whatsoever necessary or expedient,
and lawful to be done, for promoting or maintaining the general wel-
fare, comfort, education, morals, peace, government, health, trade, com-
merce, or industries of the town; or its inhabitants.

Twenty-sixth. 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-seventh. To prohibit and punish for mischievous, wanton
or malicious damage to school and public property as well as private

property.

Twenty-eighth. To prohibit and punish minors for frequenting,
playing in, or loitering in any public poolroom, billiard parlor or tenpin
alley and to punish any proprietor or agent thereof for permitting the
same.

Twenty-ninth. 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 carry into
full effect all power, authority, capacity, or jurisdiction, which is or shall
be granted to or vested in said town, or in the council, court or officers
thereof, or which may be necessarily incident to a municipal corpora-
tion.

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

Section 4. 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
to the Constitution and general laws of the State and of this charter.

Section 5. In the said town, there shall be elected on the second
Tuesday in June, nineteen hundred and thirty-four, and every two years
thereafter, one elector of the said town, who shall be denominated the
mayor, and six other electors, who shall be denominated the councilmen
of the said town. The mayor and councilmen shall constitute the coun-
cil of the said town. Their terms of office shall begin on the first day
of the following September, and shall continue thereafter for a period
of two years and until their successors have been elected and qualified.

Section 6. Every citizen of the United States, twenty-one years of
age, who has been a resident of the State of Virginia for one year, of
the said town for six months preceding the election in which he offers
to vote, has been registered, and has paid his State poll taxes, as re-
quired by the Virginia Constitution, shall be entitled to vote for the
council of the said town.

Section 7. Any person qualified to vote in the town election in
which he offers shall be eligible to the office of mayor and to the office
of councilman.

Section 8. Limitation 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.

(a) No member of the council or other office shall be interested di-
rectly or indirectly in the profits of any contract work, or be financially
interested, directly or indirectly, in the sale to the town of any land, ma-
terials, supplies, or services (other than official services). Any member
of the council or any other of the town offending against the provisions
of this section, shall, upon conviction thereof, be fined not more than

five hundred dollars, and shall forfeit his office. The prohibitants of
this section shall not apply if the council 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.

Section 9. Organization rules of the council—(a) At nine o’clock
ante meridian on the first day of September following a regular munici-
pal election, or if such day be a Sunday, then on the day following, the
council shall meet at the usual place for holding the meetings of the
legislative board of the town, at which time the newly-elected council-
men, after first having taken the oaths prescribed by law, shall assume
the duties of their office. Thereafter the council shall meet at such times
as may be prescribed by ordinance or resolution except that they shall
regularly meet not less than once each month. The mayor, or any mem-
ber of the council, may call special meetings of the council, at any time
(at least twelve hours), after written notice with the purpose of said
meeting stated therein, to each member served personally or left at his
usual place of business or residence, or such meeting may be held at
any time without notice, provided all members of the council attend.
No business other than that mentioned in the call shall be considered
at such meeting.

(b) All meetings of the council shall be public and any citizen may
have access to the minutes and records thereof at all reasonable times ;
except it may convene in executive session.

(c) The council shall elect a sergeant of the said town and a re-
corder of the said town, and a treasurer of the said town, and a com-
missioner of the revenue of the said town, and the same person may be
both treasurer and commissioner of the revenue. They shall each serve
at the pleasure of the council.

Section 10. Powers of mayor.—The mayor shall preside over the
deliberations of the council, but will not be entitled to vote on any ques-
tion coming before the council, except in the event of a tie. He shall
have jurisdiction to try all violations of town ordinances and inflict such
punishment and impose such fines as may be prescribed for a violation
of the same. The mayor shall, by virtue of his*office, possess all the
jurisdiction and exercise of the power and authority of a justice of the
peace in all civil and criminal cases. arising in said town, or within one
mile of the corporate limits thereof.

In case of the absence or inability of the mayor to act, the council
shall appoint one of their number to discharge the duties of the mayor
during such absence or inability; in case a vacancy shall occur in the
office of mayor, the council shall elect a qualified person to fill such va-
cancy for the unexpired term.

In case of any vacancy occurring in the council by death, resigna-
tion, removal or otherwise, the council shall elect a qualified person to
fill the vacancy for the unexpired term.

Section 11. Record and publication—(a) Every ordinance or
resolution having the effect of an ordinance when passed shall be record-
ed and indexed by the town clerk in a book kept for that purpose, and

shall be authenticated by the signature of the presiding officer and the
recorder.

Section 12. The recorder—The recorder shall be elected by the
council for a term of two years, subject to removal at the pleasure of
the council. He shall be clerk of the council, shall attend all meetings
thereof, shall keep a permanent roll of its proceedings, shall keep all
papers, documents and records pertaining 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 documents and instruments requiring the
seal, and shall attest the same, and he shall perform such other duties as
are required by this charter or by the council by ordinance or resolution.

Section 13. The town treasurer—(a) The town treasurer shall be
elected by the council for a term of two years, and shall serve until his
successor has been elected or qualified, and shall give bond with such
security as the council may deem necessary.

(b) 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 evi-
dences of value belonging to the town or held in trust by the town.

(c) He shall receive all moneys 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, 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.

(d) He shall pay no money out of the treasury except as and in the
manner required by the council.

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

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

(g) He shall as soon as the commissioner of the revenue completes
the land and personal property books take the said books and carefully
audit the same, and compare them with the books of the previous year.
The land book shall be compared with the assessor’s book lodged in
the clerk’s office of Tazewell county, and the personal property book
shall be compared with the books of the previous year, and the said
treasurer shall procure a copy of the poll books used in the election
next preceding the assessment from which said books were made, and
he shall ascertain which of the citizens and voters, if any, have not been
assessed by the 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 commissioner of the
revenue is required to be present and render the treasurer any assist-
ance as he may desire; when said books are corrected and audited the
total thereof shall be charges to the town treasurer on his account. The
treasurer shall take the deliquent 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.

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

Section 14. The commissioner of revenue——(a) The commission-
er 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 assess-
ment of property and the 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 15. Town sergeant.—The council shall appoint a town
sergeant to serve at the pleasure of the council, and he shall have the
powers and discharge the same duties within the corporate limits of the
town as are prescribed for and required of constables under the general
laws, and he shall collect the same fees as are prescribed for such con-
stables, which shall be turned into the treasury of the town. He shall
execute such processes as may be directed to him by the trial justice,
and make return thereof to the trial justice. He shall perform 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. He shall be paid such salary as the
council shall provide.

Section 16. Payment of claims——Payments by the town shall only
be made by warrants issued and countersigned by the mayor and the
town treasurer, and after payment thereof has been directed by the
council.

Section 17. License taxes—(a) License taxes may be imposed by
ordinance on business, 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 ob-
tained a license therefor, shall do any act or follow any business, occu-
pation, 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 rev-
enue under this charter he shall charge a fee to be prescribed by an or-
dinance not in excess of seventy-five cents, and for transferring a li-
cense, the fee shall be fifty cents; such license or transfer may be with-
held 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 18. 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, un-
less the general law of the State provides for such tax on behalf of the
town.

(c) The council of the town of Richlands is authorized to, and
shall annually order a town levy for so much, as in their opinion, is
necessary to be raised in that way, in addition to what may be received
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 pur-
poses 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.

(d) If the commissioner of revenue ascertains that any person or
any real or personal property, subject to local taxation, has not been
assessed for town taxation for any year, or that the same has been as-
sessed at less than the law requires for any year or that the taxes there-
on for any cause have not been realized, it shall be the duty of the com-
missioner to list the same, and assess town taxes thereon at the rate pre-
scribed for that year, adding thereto interest at the rate of six per cen-
tum 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 re-
spect to the collection of taxes, shall apply to the assessment and col-
lection, and to the administration of the assessment and collection of
taxes on personal property and all classes thereof.

({) 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 19. No road tax shall be levied in the town of Richlands by
the county of Tazewell or any subdivision thereof, and the inhabitants
of the said town and all taxable property, personal and real, within the
corporate limits of the said town, shall be exempt from all assessments
and levies imposed by the authorities of Tazewell county or Maiden
Spring magisterial district thereof for the construction, repair or main-
tenance of roads lying outside of the corporate limits of the said town,

but the town shall maintain its roads and streets except such as are in-
cluded within the primary and secondary roads of the State highway
system.

Section 20. (a) Liens shall exist on all real estate within the
corporate limits of said town for taxes, levies and assessments, in favor
of the town, assessed thereon, from the commencement of the year for
which the same are assessed. When any of said taxes, levies or assess-
ments are returned delinquent by the town treasurer, a list of the same
shall be returned to the clerk of the circuit court of Tazewell county,
and be by him entered in a book furnished by said town, and kept in
his office, the form and manner of entering the same to be similar to
that provided by law for the record of delinquent taxes on real estate
due to the State. In said book there shall also be columns in which shall
be entered the names of the purchasers, and the amount and date of
sales of real estate sold for delinquent taxes, levies and assessments as
hereinafter provided. Until the taxes so returned delinquent are en-
tered in said record as herein provided, said real estate shall not be
liable for town taxes as against purchasers for value and without notice.
Said real estate may be sold for town taxes, as hereinafter provided,
whether owned by the person in whose name it was assessed or not.
When sale has been made of any such real estate, as hereinafter pro-
vided, the same, with the date thereof, the name of the purchaser, and
the amount for which the said real estate was sold, shall be reported
by the treasurer of the said town to the clerk of the circuit court of
Tazewell county, and shall, by said clerk, be entered in the book and
record of delinquent real estate in the said town as herein provided.

(b) The council may, by ordinance, permit taxes to be paid in
semi-annual installments. The council shall require all real estate, de-
linquent for the non-payment 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 therefor to the
purchaser, his heirs or assigns.

(c) 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 direction of
the council shall sell at public outcry, all said real estate, after adver-
tising the time and place of sale once a week for four successive weeks
in a newspaper published in, or of general circulation in the town, in
which shall appear a description of the real estate, as shown on the
books of the commissioner of revenue, and the name of the owner
thereof at the time it was returned delinquent, with the amount of taxes,
levies or assessments against each parcel.

(d) 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, assessments,
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.

(e) When bid in for the town —lIf 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 es-
tate for the town. He shall execute his certificate of sale to the town
and deposit it with the clerk of the council.

(f) 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.

(g) 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 purchaser, his
heirs and assigns, with interest and costs; or if purchased by the town,
with such additional sums as have subsequently accrued for taxes, lev-
ies, or assessments, thereon, with costs, if the same had not been pur-
chased by the town, with interest. If the purchaser, his heirs or assigns,
does not reside or cannot be found in the town, or refuse to receive the
same, payment may be made to the town sergeant.

(h) Redemption by persons under disability—Any infant, insane
person 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 ap-
praised value of any improvements that may have been made thereon,
with interest on the said items at the rate of six per centum, 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 disa-
bility, the purchaser, his heirs or assigns, shall at the cost of the original
owner, his heirs and assigns, convey to him or them, by deed with
special warranty, the real estate so sold.

(i) Application for deed—If any real estate so sold be not re-
deemed within the time allowed for redemption, the purchaser, his heirs
or assigns may thereupon petition the council that the real estate be
conveyed 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 Tazewell county, either by personal service,
or in the event personal service cannot be had by reason of non-resi-
dence, or disability of any kind, by publication once a week for four
successive weeks in a newspaper published, or of general circulation in
the town, at the expense of the applicant, the said council shall deter-
mine whether all the requirements as to the assessment, the sale, the
purchase, and the period of redemption shall have been complied with,
and if upon such inquiry it be ascertained that the same has been reg-
ularly complied with, and that the purchaser, or his heirs or assigns, is
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 pur-
chaser 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 coun-
cil 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 reg-
ularity of all proceedings connected therewith; provided, that where the
town is the purchaser, application for a deed shall be made to the circuit
court of Tazewell county, and the proceedings thereon shall be similar to
the proceedings hereinbefore, in this section outlined, and such deed
shall be executed by the clerk of said court. ,

(j) Effect of deed—When the purchaser of any real estate sold
for taxes, levies, or assessments, his heirs or assigns, shall have ob-
tained 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 year for which
it has been sold have been paid.

PUBLIC SCHOOLS

Section 20-a. The council of the town may in its annual budget
and annual appropriation ordinance make provision for financial sup-
port for public schools in operation for the benefit of the school chil-
dren of said town.

Section 21. Officers to administer oaths.—The commissioner of the
revenue, recorder and town treasurer shall have power to administer
oaths and to take and sign affidavits in the discharge of their respective
official duties.

Section 22, 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 Richlands.

Section 23. Powers of policemen.—For the purpose of enabling
the town to execute its duties and powers, the town sergeant and each
member of the police force and each policeman is hereby made and con-
stituted a conservator of the peace and endowed with all the power of
a constable in criminal cases and all other powers which, under the
laws of the town, may be necessary to enable him to discharge the du-
ties of his office.

Section 24. 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 ordinance, orders and
regulations, under penalties not exceeding five hundred dollars, or im-
prisonment not exceeding twelve months, or both, fines to be recovered
with costs, in the name of said town before the mayor, or his substi-
tute, in the absence of the mayor, and applied in aid of the taxes im-
posed by said town.

Section 25. Ordinances to continue in force——All ordinances now
in force in the town of Richlands, not inconsistent with this charter,
shall be and remain in force until altered, amended or repealed by the
council of said town.

Section 26. 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, im-
pair or invalidate the remainder of said act, but shall be confined in its
operations to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which said judgment shall have been
rendered. .

Section 27. The same person shall be eligible to, and if elected, or
appointed, may hold a county office and a town office if the said offices
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 Tazewell county.

Section 28. The present officers of the town shall be and remain in
office until the expiration of their several terms.

Section 29. 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 30. Repealing clause—All acts and parts of acts in conflict
with this charter are hereby repealed, in so far as they affect the pro-
visions of this charter, and former charters and amendments thereto for
the town of Richlands 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 of
the town of Richlands, whether evidenced by bonded obligations or
otherwise, or to relieve it of any part of its present obligation or lia-
bility on account of district bond issues, liabilities or debts of whatso-
ever nature or kind.

Section 31. The council of the said town shall have the right to
exempt manufacturing establishments and works of internal improve-
ment from local taxation for a period not exceeding five years, as an
inducement to their location in said town.

Section 32. When charter takes effect.—In order that this act may
be given effect as soon as practicable, an emergency is declared to exist,
and this act shall be in force from its passage. If any section, para-
graph, sentence, clause or word in this act should be declared unconsti-
tutional for any reason the remainder of this act shall not be affected
thereby.