Chap. 42. An ACT to provide a new charter for the town of Norton, Virginia,
and to repeal all acts or parts of acts in conflict therewith, and all former
charters and amendments thereof, of said town. [H B 11}

Approved January 15, 1937

1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. The town and its boundaries.—The inhabitants of the
territory comprised within the present limits of the town of Norton,
as hereinafter described, or as the same may be hereafter altered and
established by law, shall continue to be a body politic and corporate,
to be known and designated as the town of Norton, and as such shall
have and may exercise all powers which are now, or hereafter may be,
conferred upon or delegated to, towns under the Constitution anc.
laws of the Commonwealth of Virginia, as fully and completely as
though said powers were specifically enumerated herein, and nc
enumeration of particular powers by this charter shall be held to be
exclusive; and the said town of Norton, as such shall have perpetua.
succession, may sue and be sued, contract and be contracted with, and
may have a corporate seal which it may alter, renew, or amend at its
pleasure, the present boundaries of the said town being as follows,
to-wit:

Beginning at a chestnut oak and birch on the north side of Stone
Mountain, which was the southwest corner of the old corporation line ;
thence north seventy degrees no minutes west ten hundred sixty-five
feet to two black gums, and birch on the second cliff of Stone Mountain ;
thence north two degrees thirty minutes east nine hundred seventy-five
feet to a large boulder in the notch of the first cliff of Stone Mountain ;
thence north seven degrees five minutes east twelve hundred eighty
feet crossing the Louisville and Nashville Railroad to a stake, or point
at the base of a stone wall, northeastern corner to the W. T. Hopkins
property, and on the southern side of the present State highway,
just west of the concrete culvert over Benges branch; thence crossing
the State highway, and Interstate Railroad north seven degrees fourteen
minutes east six hundred five feet to a locust post on top of Bacl<
Bone ridge, and corner to the Meador lands; thence along the center
of the top of Back Bone ridge, with its several meanders north fifty-
eight degrees fifteen minutes east two hundred sixty-six and eight-
tenths feet to a stake in Greasy Gap; thence north eighty-six degree;
east three hundred one and three-tenths feet to a stake; thence nort1
seventy-four degrees twenty-eight minutes east one hundred twenty-
eight feet to a stake; thence north eighty degrees thirty-five minutes
east five hundred eleven feet to a stake; thence north seventeen degrees
east four hundred thirty feet to a stake; thence north seventeen degrees
thirty minutes east two hundred eighty-six and six-tenths feet to a
stake; thence north forty-five degrees forty minutes east two hundred
seventy-four and nine-tenths feet to a stake, and corner of the two
and one-hundredths acre tract now owned by the Norton Water
Company; thence leaving the top of the ridge, and with the lines of
the said water company south seventy-four degrees west ninety-fovr
feet to a spruce stump at a ledge of rocks and corner to the Hageri-
Snodgrass lands: thence north nineteen degrees east five hundred
eighteen feet to a stake; thence north eighty-five degrees east ore
hundred ninety-five feet to a stake; (white oak stump) on top of
said ridge; thence along the top of the same with its several meanders,
north five degrees east seven hundred thirty feet to a chestnut oak:;
thence north forty-two degrees ten minutes east one hundred twenty-
eight and two-tenths feet to a set stone on top of the ridge, and corner
to the Princess Flat Tract (now lands of the Fleming Land Corpora-
tion); thence still along top of the ridge north forty-nine degrevs
fifty minutes east two hundred and nine feet to a water oak; thence
north seventy-five degrees thirty minutes east three hundred fifty-three
feet to a stake; thence north forty-three degrees thirty minutes east
two hundred nineteen and four-tenths feet to a stake; thence north
thirty-eight degrees east two hundred seventy-two feet to a stake:
thence north sixty-seven degrees east two hundred sixty-eight feet
to a stake; thence north seventy-four degrees no minutes east one
hundred fifty feet to a stake; thence north thirteen degrees no minutes
east three hundred thirty-three feet to a stake; corner to the lands
formerly known as the Green B. Jones lands, and still along the
top of the ridge, north seventeen degrees no minutes east one hundred
ninety feet to a stake; thence north thirty-nine degrees no minutes
east one hundred sixty feet to a stake; thence north nine degrees no
minutes east two hundred twenty feet to a black gum, another corner
of the said Jones lands; thence north forty degrees no minutes west
two hundred fifty feet to a stake; thence north three hundred six feet
to a white oak corner; thence north fifty-five degrees no minutes east
four hundred five feet to a stake; thence north eighty-five degrees
ninety minutes east two hundred eight and seven-tenths feet to a
stake; thence north fifteen degrees no minutes east one hundred fifty-
three feet to a stake; thence still continuing with the top of Back
Bone ridge north sixty degrees forty-five minutes east two hundred
seventy-five and two-tenths feet to a stake; thence east one hundred
thirty-six feet to a stake in Vernon’s orchard; thence north forty-
five degrees no minutes east one hundred seventy-five feet to a stake
in the orchard; thence north fifty-six degrees no minutes east one
hundred eighty-five feet to a stake in the orchard; thence north four
degrees thirty minutes west one hundred thirty-six feet to a stake in
the orchard; thence north fifty-three degrees thirty minutes east four
hundred twenty-nine feet to a stake, near the road and top of said
ridge; thence north eleven degrees thirty minutes east six hundred
eighty feet to a stake at road; thence north sixty-six degrees fifteen
minutes east eight hundred eight feet to a stake at a maple, black
oak and two chestnuts on top of said ridge; thence north seventy-
six degrees fifteen minutes east four hundred sixty-four feet to a
double poplar in a field, and near the top of the ridge; thence north
one degree thirty minutes east two hundred seven feet to a stake, at
a light pole ; thence leaving the top of the ridge, and in a southeastwardly
direction, and round the side of the spur, and along the W. T. Province
line and Garner Hubbard line; thence south seventy-one degrees east
four hundred sixty feet to a stake on said spur; thence north eighty-
nine degrees east four hundred ten feet to a stake on the ridge; thence
north sixty degrees east two hundred feet to a black gum, corner
to the W. T. Province tract, south eighty-eight degrees east one
hundred twenty-four feet to a small black gum, another corner to
the W. T. Province tract; thence south thirty-two degrees thirty
minutes east one hundred ninety-five feet to a stake on top of a low
ridge; thence south six degrees east three hundred sixty-five feet to
a stake on said low ridge; thence south thirty-eight degrees east four
hundred sixty feet to a stake on the side of the low ridge back of the
J. M. Short property ; thence south forty-eight degrees east ten hundred
seventy-five feet passing along the center of Riner alley crossing
the Pike road and Guest river to a point in the center line of Inter-
state Railroad; thence leaving said railroad south no degrees thirty
minutes west twenty-five hundred fifty feet to a stake on top of the
ridge east of Guest river, five feet northward from an electric lighit
pole, (large chestnut oak and small black oak marked as reference
trees); thence crossing the pole line right of way south twelve
degrees thirty minutes east twenty-two hundred sixty feet to a point
in the center of Guest river and corner of the old corporation; thence
south twenty-four degrees east, crossing the Norfolk and Western
Railroad five hundred eighty feet to a stake on the division line
of the Virginia Coal and Iron Company; thence south sixty-seven
degrees west fifteen hundred twenty-seven and six-tenths feet alorg
the division line of the Virginia Coal and Iron Company to a poin:;
thence south thirty-seven degrees fifteen minutes east, fifty hundred
sixty-two and seven-tenths feet passing through the lands of the
Virginia Coal and Iron Company and Mistress L. D. S. M. Frazier
and the lands of the Norton Land and Improvement Company to the
“lone rock”; thence south eighty-nine degrees forty minutes west
thirty-nine hundred fifteen feet to a pitch pine near a cliff of rocxs
and corner to the lands of the Norton Land and Improvemeat
Company and Patrick Hagen; thence north fifty-seven degrees seven
minutes west five hundred forty-four and six-tenths feet to a chestnut
oak and birch on the north side of Stone Mountain to the point 9f
beginning.

And containing two and one-half square miles, more or less.

Section 2. Powers of town of Norton.—In addition to tue
powers mentioned in section one hereof, the said town of Norton
shall have the following powers:

(1) 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 and general
laws of this State and of the United States; provided, however, tliat
it shall impose no tax on the bonds of said town.

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

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

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

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

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

(7) To furnish all local public service; to purchase, hire, construct,
own, lease, maintain and operate local public utilities, to acquire by
condemnation or otherwise, within or without the corporate limits,
land and property necessary for any such purposes.

(8) 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 said town for the distribution of water to its customers and con-
sumers, both within and without the corporate limits of the said
town, and to charge and collect water rents therefor; to erect and
maintain all necessary dams, pumping stations and other works in
connection therewith; to make reasonable rules and regulations for
promoting the purity of its 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 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 thereof; and
for the purpose of acquiring lands, interest in lands, property rights
and riparian rights or materials for any such use to exercise within
the State all powers of eminent domain provided by the laws of this
State; provided, that the lands which may be held in this State by
said town for such purposes shall not exceed, in the aggregate, thirty
thousand acres, at any one time. For any of the purposes aforesaid
said town may, if the council shall so determine, acquire by condem-
nation, purchase or otherwise, any estate or interest in such lands or any
of them in fee, reserving to the owner or owners thereof such property
rights or easements therein as may be prescribed in the ordinance pro-
vided for such condemnation or purchase.

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

(10) To exercise the power of eminent domain for the purpose of
acquiring or taking any or all spring, springs, water supplies, pipe lines,
reservoirs, land, property, easements, contracts, contract rights, property
rights, riparian rights, or any interest or interests therein, in the
State of Virginia, now or hereafter owned by any private, quasi-public
service, or public service corporation, incorporated under the laws
of Virginia, or any other state for the purpose of supplying, or suppl:7-
ing the town of Norton, Virginia, or its inhabitants, with water, not-
withstanding any provision to the contrary in section thirty hundred
and thirty-one, or other section, or sections, of the Code of Virginia.

(11) To establish, impose and enforce water, light and sewerage
rates, and rates and charges for public utilities, or other service, pro-
ducts, or conveniences, operated, rendered or furnished by the town;
and to assess, or to cause to be assessed, water, light and sewerage rates
and charges direc‘ly against the owner or owners of the buildings, or
against the proper tenant or tenants, and may by ordinance provile
that where charges are made against tenants, the owner or owners
shall be directly lable in case such tenant or tenants fail to pay wh2n
the rates or charges are assessed; and in event such rates and charges
shall be assessed against a tenant, then the said council may by an
ordinance, require of such tenant, a deposit of such reasonable amount
as may be by such ordinance prescribed before furnishing such services
to such tenant.

(12) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armori:s,
comfort stations, markets, and all buildings and structures necessary
or appropriate for the use and proper operation of the various depart-
ments of the town; and to acquire by condemnation or otherwise all
lands, riparian and other rights and easements necessary for stch
improvements, or any of them.

(13) To estadlish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle, and clean public highways, streets, alleys,
boulevards and parkways, and temporarily to alter or close the same;
to establish and maintain parks, playgrounds, and other public grounds ;
to construct, maiatain 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 shade trees along
the streets and upon such public grounds; to prevent the obstruction
of such streets and highways, abolish and prevent grade crossings
over the same by railroads, other than street railroads, in the mannet
prescribed by general law for the elimination of gerade crossings ;
to require any railroad company operating a railroad at the place
where any highway or street is crossed within the town limits to erec'
E. Ss. 1936-7] ACTS OF ASSEMBLY 113

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 in accordance with the
provisions of section thirty-nine hundred and ninety-eight and other
sections of the Code of Virginia; and to regulate the length of time
such crossings may be closed due to any operations of the railroads;
in accordance with general law to regulate the operations, weight of
load, and speed of all cars and vehicles using the same, as well as the
operation and speed of all engines, cars and trains, or railroads within
the town; to regulate the services to be rendered including route
traversed, and rates charged by buses, motor cars, cabs, and other
vehicles for the carrying of passengers and by vehicles for the transfer
of baggage; to permit railroads and street car lines to be built in the
streets and alleys, and to determine and designate the route and grade
thereof; and to specify and require the proper construction and main-
tenance of the streets between the rails and on either side thereof
for such distances as such streets may be affected by the construction,
operation, repair or maintenance of such railroads or street car lines,
and to require the reconstruction of so much of said streets as may
be damaged by the removal of such railroads or street car lines; to
permit or prohibit poles and wires for electric, telephone and telegraph
purposes to be erected and gas pipes to be laid in the streets and
alleys, and to prescribe and collect an annual charge for such privileges,
heretofore or hereafter granted; to require the owner or lessee of
any electric light, telephone or telegraph pole, or poles or wires now in
use or hereafter erected, to change the location or move the same; to
require all telephone and telegraph wires and all wires and cables
carrying electricity, now in use or hereafter used, to be placed in con-
duits underground and prescribe rules and regulations for the con-
struction and use of such conduits, if and when the State Corporation
Commission shall so order, after due notice to all parties concerned,
and hearing thereon; to open, lay out, and improve new streets across
the track or tracks, of any railroad in the town, and any such new
or existing street or streets may cross any such track or tracks, of any
railroads in the town, in the discretion of the council, either at grade,
or pass above or below any such existing structure or structures;
provided, that after due notice to such railroad 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 structures, the plans and specifications
for such crossing as the council shall have determined upon, shall be
submitted to the principal agent of such railroad company in the town,
and in the event the town and railroad company cannot within sixty
days thereafter agree upon such plans and specifications, or cannot
agree in regard to the division of the cost of constructing such crossing,
then the town shall submit such plans and specifications to the State
Corporation Commission, 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-
114 ACTS OF ASSEMBLY [ VA.

cil shall have determined shall be made, or substitute such other plans
or character of crossing, whether at grade, over head or underpass,
as the State Corporation Commission may deem proper under all the
facts, circumstances and conditions in the case, 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 o1 by the lessee thereof; and to do all other things
whatsoever adapted to make said streets and highways safe, convenient
and attractive.

(14) To acquire by gift, purchase, exchange, or by the exercise
of the power of eminent domain within this State, lands, and any inter-
est 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, end acquire and install machinery and equipment,
and build the necessary roads or tramroads thereto, and operate the
same for the purpos2 of producing materials required for the construc-
tion, repair and mazaintenance of streets, highways, sidewalks, water
works, reservoirs, sewers, electric lights, public buildings, and any and
all purposes not in contravention of section thirty hundred thirty-one-a
of the Code of Virginia, and to acquire by gift, purchase, exchange,
or by the exercise cf the power of eminent domain within this State,
lands and machinery and equipment, and build and operate a plant or
plants for the preparation and mixing of materials for the construction
of improved streets and other public improvements, and the main-
tenance and repair thereof, and to build and operate coal tipples and
yards in connection therewith.

(15) In so far zs permitted by general law to construct and main-
tain, or aid in constructing and maintaining, public roads, State high-
ways, boulevards, parkways and bridges, beyond and within ten miles
of the limits of the town, in order to facilitate public travel to and
from said town and its suburbs, and to and from said town and any
property owned by said town, and situated beyond the corporate limits
thereof, regardless of distance, and to acquire land and property rights
necessary for such d.urpose by condemnation or otherwise.

(16) To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith and to esteblish, construct, maintain and operate sewerage dis-
posal plants, and to acquire by condemnation or otherwise within or
without the town, all lands, rights of way, riparian and other rights
and easements necessary for the purposes aforesaid, and to charge
and collect reasonable fees and assessments or costs of service for
connecting with and using the same.

(17) In connection with its system of sewerage, the town may
continue to use Benges branch, Guest river, and Powell’s river as here-
tofore.

(18) Subject to the provisions of the Constitution of Virginia and
of this charter to grant franchises for public utilities.
(19) To collect and dispose of sewerage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, and to make resonable charges
therefor; and to acquire and operate reduction or other plant 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.

(20) To compel the abatement and removal of all nuisances within
the town or upon the 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 of the ground or premises whereon the same may
be, and to collect said expense by suit or motion or by distress and
sale; to require all lands, lots and other premises within the town to
be kept clean and sanitary and free from stagnant water, weeds, filth
and 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 keep-
ing of hogs or other animals, poultry or other fowl therein, or the
exercise of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise; to regulate the location of stables and the
manner in which they shall be kept and constructed; to regulate the
location, construction and operation and maintenance of billboards and
generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience and
welfare of the inhabitants of the town; and to require all owners or
occupants of property having sidewalks in front thereof to keep the
same clean and sanitary and free from all weeds, filth and unsightly
deposits. ,

(21) If any ground in the said town shall be subject to be covered
by stagnant water, or if the owner or occupant thereof shall permit any
offensive or unwholesome substance to remain or accumulate thereon,
the said council may cause such ground to be filled up, raised or drained,
or may cause such substance to be covered or removed therefrom, pro-
vided, that reasonable notice shall be first given to the said owner or
occupant or his agent. In case of non-resident owners who have no
agent in said town, such notice may be given by publication for not
less than ten days, in any newspaper published in said town.

(22) To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate or prohibit
the sale and use of dynamite, gunpowder, firecrackers, kerosene oil,
gasoline, nitro-glycerine, camphene, burning fluid and all explosive or
combustible materials, the exhibition of fireworks, the discharge of
firearms, the use of candles, and lights in barns, stables, and other
buildings, the making of bonfires and the carrying of concealed wea-

ons.

(23) 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.
(24) To provide by ordinance for a system of meat and milk in-
spection, and appoirit meat and milk inspectors, agents, or officers to
carry the same into effect, license, regulate, control and locate slaughter
houses within or without the corporate limits of the town, and for
such services of inspection to make reasonable charges therefor; and
to provide such reasonable penalties for the violation of such ordinances.

(25) To extinguish and prevent fires and to compel citizens to ren-
der assistance to the fire department in case of need, and to establish,
regulate and control a fire department or division; to regulate the size,
height, materials and constructions of buildings, fences, walls, retaining
walls and other structures hereafter erected in such manner as the
public safety and conveniences may require; to remove or require to
be removed or reconstructed any building, structure or 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 or 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 build-
ings within such limits shall be constructed of stone, natural or arti-
ficial, concrete, brick, iron or other fireproof material; and may enact
stringent and efficient laws for securing the safety of persons from
fires in halis and buildings used for public assemblies, éntertainments
or amusements.

(26) To charge and to collect fees for permits to use public
facilities and for public service and privileges.

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

(28) To establish a child welfare board, through which to pro-
vide for making money allowances to aid in maintaining and educating
poor and destitute children.

(29) To establish, organize and administer public schools and
libraries subject to the general laws.

(30) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive, or penal institu-
tions.

(31) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace or safety
of the town, from coming to said town from without the same; and for
this purpose require the owner of any conveyance bringing such per-
son to the town to take such person back to the place whence he was
brought, or enter into bond with satisfactory security that such per-
son shall not become a charge upon said town within one year from
the date of his arrival; and also to expel therefrom any such person
who has been in said town less than six months; also to expel from
the town all persons found therein dangerous to the peace, safety and
welfare of the town, or any person who may be advocating the over-
throw of the Federal, State or municipal government by ‘force of vio-
lence or inciting the people, or any of them, to riot, or to any un-
lawful effort against the social, governmental, industrial, educational
or moral welfare of the people.
(32) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all foods and foodstuffs and prevent the introduction and sale in said
town of any articles or things intended for human consumption, which
is adulterated, impure or otherwise dangerous to health, and to con-
demn, 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 sup-
press disease generally; to provide and regulate hospitals within or
without the town limits, and if necessary to the suppression of diseases,
to.enforce the removal of persons afflicted with contagious or infec-
tious diseases to hospitals provided for them; to construct and main-
tain or to aid in the construction and maintenance of a hospital or hos-
pitals for the use of the people of the town; to provide for the or-
ganization 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 in-
vest any or all of the officials or employees of such departments of
health with such powers as the police officers of the town have; to
establish quarantine grounds within or without the town limits, and
such quarantine regulations against infectious and contagious diseases
as the council may see fit, subject to the laws of the State and of the
United States.

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

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

(35) To acquire by purchase, gift, devise or condemnation prop-
erty adjoining its parks, or lots on which its monuments are located,
or other property used for public purposes, or in the vicinity of such
parks, plats or property which is used and maintained in such a man-
ner as to impair the beauty, usefulness or efficiency of such parks,
plats or public property, and may likewise acquire property adjacent to
any street, the topography of which, from its proximity thereto, impairs
the convenient use of such street, or renders impracticable, without
extraordinary expense, the improvement of the same, and the town
may subsequently dispose of the property so acquired, making limi-
tations as to the use thereof, which will protect the beauty, usefulness,
efficiency or convenience of such parks, plats and property.
And when the town proposes to open or widen a street, or change
the channel of a creek, by taking any part of a block or square in such
manner that the value of the property abutting the proposed street
or creek would be injuriously affected, unless the property on such
block or square is replatted and the property line or lines readjusted,
then and in that event the town at the same time it acquires by pur-
chase, gift, condemnation or otherwise, all or any part of the prop-
erty on such squares or blocks and may subsequently replat and dispose
of the property so acquired, in whole or in part, making such limi-
tations as to the uses thereof as it may see fit.

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

(37) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the
powers conferred by this charter or by any general law, and to provide
and impose suitable penalties for the violation of such ordinances, rules
and regulations, or any of them, by fine not exceeding five hundred
dollars or imprisonment not exceeding six months, or both, the town
may maintain a suit to restrain by injunction the violation of any ordi-
nance, notwithstanding such ordinance may provide punishment for
its violation.

The enumeration of particular powers 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.

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

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

(40) 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.

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

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

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

Section 3. Creation of council—There is hereby created a council
which shall have full power and authority, except as herein otherwise
provided, to exercise all powers conferred upon the town, and to
pass all laws and ordinances relating to its municipal affairs, subject
to the Constitution and general law of the State and of this charter.

Section 4. Composition of council; vacancies.—The council shall
consist of five members, whose term of office, except as hereinafter
fixed, shall be for a term of four years. The five members, who
now constitute the said council, shall continue in office until September
the first, nineteen hundred and thirty-eight, and thereafter until their
successors have been elected and qualified. At the June election, nineteen
hundred and thirty-eight, five members shall be elected who shall
immediately after their qualification, cast lots to ascertain which two
shall serve for a term of two years from September first, nineteen
hundred and thirty-eight and thereafter until his successor shall have
been elected and qualified; and the remaining three members shall
serve for a term of four years from September the first, nineteen
hundred and thirty-eight, and thereafter until their successors shall
have been elected and qualified. And at the June election nineteen
hundred and forty and every four years thereafter, two councilmen
shall be elected who shall serve for a term of four years from Septem-
ber first, nineteen hundred and forty and thereafter until his successor
shall have been elected and qualified. At the June election nineteen
hundred and forty-two, and every four years thereafter, three council-
men shall be elected, who shall serve for a period of four years from
September first, nineteen hundred and forty-two and thereafter until
their successors shall have been elected and qualified.

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

Section 5. Qualification of members.—Any person qualified to
vote in the town shall be eligible to the office of councilman. No candi-
date for the office of councilman shall promise any money, office,
employment, or other thing of value, to secure a nomination or election,
or expend in connection with his candidacy any money except as per-
mitted by the general laws of the State; and any such candidate
violating this provision shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding five
hundred dollars, or imprisonment for a term not exceeding six months,
or both in the discretion of the court or jury, and shall forfeit his
office, if elected; in which event, the person receiving the next highest
number of votes, who has not violated the said provision, shall be
entitled to said office.

Section 6. Limitations on powers and disqualifications—(a) Any
member of the council who shall have been convicted of a felony while
in office shall thereby forfeit his office.

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

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

Section 7. Organization rules of the council—At seven thirty
o'clock p. m. on the first day of September following a regular municipal.
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
lecislative 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
tiries as may be prescribed by ordinance or resolution, except that
they shall regularly meet not less than once each month. The mavor,
any member of the council, or the town manager may call special
meetings of the council, at any time after (at least twelve hours),
written notice, with the purpose of said meeting stated therein, to
each member served personally or left at his usual place of business
or 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.
(c) The council shall elect one of its members as chairman, who
shall be ex-officio mayor; also a town manager. The council shall also
appoint the members of such boards and commissions as are hereinafter
provided for. The council may appoint all such other boards and com-
missions as may be deemed proper, and prescribe the powers and duties
thereof, under the supervision of the director of the department pertain-
ing thereto, The council may determine its own rules of procedure, may
punish its own members for misconduct and may compel attendance of
members. It shall keep a journal of its proceedings. A majority of all
members of the council shall constitute a quorum to do business, but a
smaller number may adjourn from time to time, and compel the atten-
dance of absentees. All elections by the council shall be viva voce and
the vote recorded in the journal of the council. The council may at any
time, for good cause or reason, abolish any municipal office, whether
the term of office of the incumbent has expired or not.

Section 8. Powers o* the mayor—The mayor shall be elected
for a term of two years and shall preside at meetings of the council
and perform such other duties consistent with his office as may
be imposed by the council and he shall have a vote and voice in the
proceedings but no veto. He shall be the official head of the town,
and he shall be clothed with all the powers and authority in civil
and criminal matters as may be prescribed by the laws of the State.
In times of public danger, or emergency, he, or during his absence,
or disability, then the town manager, may take command of the police
and maintain order and enforce the laws, and for this purpose, may
deputize such assistant policeman as may be necessary. During his
absence or disability, except as above provided, his duties shall be per-
formed by another member appointed by the council. He shall authen-
ticate by his signature such instruments as the council, this charter, or
the laws of the State shall require.

Section 9. Salaries and compensation From and after the passage
of this act, the salaries of the councilmen and the chairman, who is
ex-officio mayor, shall be such as may be fixed by the council ; provided,
however, that the salary of no councilman shall exceed ten dollars per
month, and that the salary of the chairman of the council, who is ex-
officio mayor, shall not exceed the sum of fifty dollars per month,
in addition to his salary as councilman.

All charges, cost and fees taxable and collectible by the chairman,
who is ex-officio mayor, in the trial of all cases, civil and criminal, when
taxed and collected, shall be paid into the treasury of the town, and
the mayor shall have no personal financial interest therein. The
salaries and compensation of all other officers and employees of this
town shall be such as may from time to time be fixed and prescribed
by the town manager and approved by the council.

Section 10. Appointments or elections——On the first day of Sep-
tember, nineteen hundred and thirty-eight, following the regular muni-
cipal election and organization of the council, or as soon thereafter
as may be practicable, the council shall elect a town manager, and such
other officers as may come within their jurisdiction, each of whom
shall serve at the pleasure of the council.

Section 101%4. Appointment of justice—The council, in its discre.
tion, may appoint a justice of the peace or police justice for the towr
of Norton, who shall be clothed with all the powers and authority
in both civil and criminal matters within said town as is now conferred
upon the mayor by the general laws of this Commonwealth. Wher
such appointment is made, the mayor thereof shall by virtue of his
office possess no power, authority, or jurisdiction, to try violations of
the ordinances of the said town, or to act as a justice of the peace or
police justice in either civil or criminal matters.

The said justice of the peace or police justice shall serve at the
pleasure of the council, who shall fix his salary. All charges, costs,
and fees taxable and collectible by the justice of the peace or police
justice in the trial of all cases, civil and criminal, when taxed and
collected, shall be paid into the treasury of the town, and the said
justice shall have no personal financial interest therein.

ORDINANCES

Section 11. Legislative procedure—Except in dealing with parli-
mentary procedure the council shall act only by ordinance or resolution,
and with the exception of ordinances making appropriations, or author-
izing the contracting of indebtedness, shall be confined to one subject.

Section 12. Enactments.—(a) Each proposed ordinance, or resolu-
tion, shall be introduced in a written or printed form, and the enacting
clause of all ordinances passed by the council shall substantially be,
“Be it ordained by the council of the town of Norton, Virginia.”

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

Section 13. Emergency measures—(a) No ordinance passed by
the council shall take effect until at least thirty days from the date
of its passage except that the council may, by the affirmative vote of
hree of its members, pass emergency measures to take effect at the
ime indicated therein. |

(b) No measure selling or conveying any real estate or making
1 grant, renewal, extension of a franchise or other special privilege
yr regulating the rate to be charged for its service by any public utility,
shall ever be so passed.

Section 14. Record and publication—(a) Every ordinance or reso-
ution having the effect of an ordinance when passed shall be recorded
ony the town clerk in a book kept for that purpose, and shall be au-
henticated by the signature of the presiding officer and the town clerk.

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

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

All ordinances and resolutions of the council may be read in evi-
dence in all courts and in all other proceedings in which it may be nec-
essary to refer thereto, either from the original record thereof, from
a copy thereof certified by the town clerk, or from any volume of ordi-
nances printed by authority of the council.

Section 15. Printing —The council shall, from time to time, direct
the publication with suitable index, of the town ordinances.

NOMINATIONS AND ELECTIONS

Section 16. Municipal elections—A municipal election shall be
held on the second Tuesday in June of every second year after the
year nineteen hundred and thirty-eight, and shall be known as the
regular municipal election for the election of councilmen. All othe
municipal elections that may be held shall be known as special municipa
elections.

Nothing in the laws of the State applying to party registration
enrollment or other party procedure, shall apply to registration, nomi.
nations, and elections held hereunder. Except as herein otherwise
provided, registration, nominations and elections held under this char.
ter shall be in accordance with the general laws of the State.

Section 17. Method of conducting municipal elections——The can.
didates at any regular municipal election for the election of council
men, equal in number to the places to be filled, who shall receive the
highest number of votes at such election, shall be declared elected.

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

In counting the vote any ballot found to contain a greater number:
of names for the office of councilmen than the number of vacancies
in the council to be filled shall be void, but no ballot shall be void fot
containing a less number of names than is permitted thereby.

THE TOWN MANAGER

Section 18. General provisions—The town manager shall be the
administrative and the executive head of the municipal government. He
shall be chosen by the council solely on the basis of his executive and
administrative qualifications. The choice shall not be limited to in-
habitants of the town or State. He shall be appointed for an indefinite
period and shall serve at the will of the council; provided, however,
that he may not be removed without a public hearing or written charges
prior to his final removal, if he so desire, but during such hearing the
council may suspend him from office. During the absence or dis-
ability of the town manager the council shall designate some properly
qualified person to perform the duties of the office.

Section 19. Powers and duties of the town manager.—The town
manager shall be responsible to the council for the proper administra-
tion of all affairs of the town coming within his jurisdiction under this
charter, the general law or the ordinances or resolutions of the council.
He shall have power and it shall be his duty:

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

(b) Such town officers and employees as the council shall deter-
mine are necessary for the proper administration of the town shall be
appointed. and may be removed by the town manager; but the town
manager shall report each appointment and removal to the council at
the next meeting thereof following any such appointment or removal;
to see that all terms and conditions imposed in favor of the town or
its inhabitants in any public utility franchise or any contract are faith-
fully kept and performed; upon knowledge of any violation thereof
to call the attention of the same to the council, whose duty it shall be
forthwith to direct such steps as are necessary to protect and enforce
the same.

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

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

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

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

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

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

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

council.
ADMINISTRATIVE DEPARTMENTS

Section 20. Creation of departments——The council may by ordin-
ance create administrative departments, and when such departments
are created may define the functions which such departments are to
administer, may provide for the appointment of heads for such
departments and define their duties and responsibilities.

Section 21. Enumeration of departments.—The following admin-
istrative departments are hereby created: |

(a) Department of law.

(b) Department of finance.

(c) Department of public works and utilities.

(d) Department of public safety.

(e) Department of public welfare.

Section 22. Directors of departments.—(a) At the head of each
department there shall be a director; provided, that unless and until
the council shall otherwise provide by ordinance the town manager
shall be director of all departments except the department of law.
Unless and until otherwise provided by ordinance the town attorney
shall be director of the department of law.

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

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

Section 23. The town clerk—The town clerk shall be elected
in the manner and for the term provided by this charter. He shall
be the clerk of the council, shall attend all meetings thereof, and shall
keep a permanent record of its proceedings. He shall keep all papers,
documents and records pertaining to the town of Norton, Virginia
the custody of which is not otherwise provided for. — ,

(b) He shall be custodian of the town seal, and shall affix it tc
all documents and instruments requiring the seal, and shall attest the
same. He shall give to the proper department or officials ample no-
tice of the expiration or termination of any franchise, contracts or
agreements.

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

Section 24. The town treasurer—(a) The town treasurer shall
be the disbursing agent of the town and have the custody of all moneys,
the town clerk’s bond and all evidence of value belonging to the town
or held in trust by the town.

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

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

(d) He shall keep and deposit all monies or funds in such manner
and only in such places as may be determined by ordinance or by the
provisions of any law applicable thereto.

(e) He shall be subject to the supervision of the director of finance
and shall perform such other duties not inconsistent with his office,
have such powers and be liable to such penalties as are now or may
hereafter be prescribed by law or ordinance.

(f{) He shall make all such reports and perform such other duties
not inconsistent with his office as may be required by the director of
finance or by ordinance or by resolution of the council.

(g) 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 town manager and approved by the council.

(h) He shall as soon as the commissioner of the revenue completes
the land and personal property books take the said books and care-
fully audit the same, and compare them with the books of the pre-
vious year. The land book shall be compared with the assessor’s book
lodged in the clerk’s office of Wise 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 elec-
tion 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 commisioner 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 such assistance as he may desire, and in case of a dis-
agreement between the commissioner and the treasurer, the director of
finance shall, upon being notified, at once determine the question in
dispute; when said books are corrected and audited the total thereof
shall be charged to the town treasurer on his account. The treasurer
shall take the delinquent lists and lay the same before the director of
finance, and it shall be the duty of said director of finance 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 director of finance shall retuse 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.

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

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

Section 24. The town attorney.—(a) The town attorney shall have
the management, charge and entire control of all the law business of
the town and shall be the legal adviser of and the attorney and counsel
for, the municipality and all its officers in matters relating to their
official duty; he shall give written opinions to any officer or depart-
ment or official commission of the town, when requested so to do, and
shall file a copy of the same with the town clerk.

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

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

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

Section 25. The commissioner of revenue——The commissioner of
revenue shall, subject to the supervision of the director of finance,
perform such duties as may be required by the laws of the State and
the ordinances of the town, in relation to the assessment of property
and license taxes.

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

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

Section 26. The purchasing agent——(a) The town council shall
designate some officer of the town other than the treasurer as its pur-
chasing agent, by whom all purchases of supplies for the town shall
be made, and who shall approve all vouchers for the payment of same.
He shall also conduct all sales of personal property that may be, by
the proper official or officials declared of no further use to the town.
(b) All purchases and sales shall conform to such regulations as
the council may from time to time prescribe, but in either case oppor-
tunity for competition shall be given if the amount involved is in ex-
cess of two hundred dollars, except in case of emergency.
(c) Unless and until the council shall otherwise provide, the town
manager shall act as such purchasing agent.

FINANCIAL PROVISIONS

Section 27. Director of Finance.——The director of finance shall
have direct supervision over the department of finance and admini-
stration of the financial affairs of the town, including the keeping
of accounts and financial records, the collection of taxes, special
assessments and other revenues, the custody and disbursements of town
funds and monies, and shall perform such other duties as the council
may by ordinance provide.

Section 28. The annual budget. —Not later than sixty days before
the end of each fiscal year, the town manager shall prepare and submit
to the council an annual budget for the ensuing fiscal year, based upon
detailed estimates furnished by the several departments and other divi-
sions of the town government, according to a classification as nearly
as possible uniform.

Section 29. Public improvement contracts, ete—Any public work
or improvement, costing more than one thousand ($1,000.00) dollars,
shall be executed by contract, except where a specific work of improve-
ment is, by the council, authorized and directed to be done by force
account, such work to be based on detailed estimates submitted by the
department authorized to execute such work or improvement, and
approved by the town manager. All contracts for more than one
thousand dollars shall be awarded to the lowest responsible bidder in
such manner and under such bond as may be prescribed by ordinance
and after the town manager shall have made due advertisement for
such time as the council may prescribe, by newspapers or posted no-
tices. But the town manager shall have the power to reject all of
the bids and advertise again; and all advertisements shall contain a
reservation of this right.

In an emergency requiring immediate action the town manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

Section 30. Sinking fund provision—(a) There shall be set apart
annually from the revenues of the town a sinking fund equal to one
per centum on the aggregate outstanding debt of the town, which by its
terms is not payable within one year, and the council may, in its discre-
tion, annually or from time to time, set aside such additional sinking
fund as may be deemed proper.

(b) When the taxes on real and personal property are collected
each year the town treasurer shall take therefrom and deposit in a
separate account to the credit of the sinking fund in such bank or banks
as the council may designate, and the said council may, if it shall s
elect, cause its sinking fund to be loaned on improved real estate situate:
in said town, in the county of Wise, and secure the same by first mort
gage liens thereon, provided such funds shall not be loaned at a greate:
rate than fifty per centum of the fair market value of such real estate

(c) All such sinking funds shall be used exclusively in the paymen
or purchase and redemption of the outstanding bonds of the town
and when such sinking funds are not required or may not within <
reasonable time be required for the payment of any bonds of the town
or cannot be used to advantage in the purchase and redemption of any
bonds of the town, which may be outstanding, the same shall be securely
invested in interest bearing municipal, State or government bonds loanec
upon otherwise unincumbered real estate, within the State, upon :
basis not exceeding fifty per centum of the fair cash value of such rea
estate or invested in other securities approved by the general laws ot!
the State for the investment of such funds, or deposited in bank or
a reasonable rate of interest. Such sinking funds may be used in the
payment or purchase and a redemption of serial bonds, as well as term
bonds.

(d) The council of the town of Norton shall constitute a sinking
fund commission for the town, or it may appoint a sinking fund com-
mission composed of three freeholders who are residents of the town,
and delegate to such appointed sinking fund commission, its powers
and duties relating to said sinking fund by ordinances, in which ordi-
nance the bond of such sinking fund commission shall be fixed.

Section 31. Bond issues—(a) The council may in the name of and
for the use of the town contract debts and make and issue, or cause to
be made and issued as evidence thereof, bonds, notes or other obliga-
tions, upon the credit of the town or solely upon the credit of specific
property owned by the town, or solely upon the credit of income de-
rived from property used in connection with any public utility owned
and operated by the town. But except as provided in subsection (b)
of this section no debt shall hereafter be contracted for a longer
period than that of the probable life of the work or object for which
the debt is to be contracted, to be determined by the director of public
works and by him certified to the council. The probable life of no
public improvement shall be considered over thirty years, except that
the possible life of public buildings other than schoolhouses may be
forty years; concrete bridges, forty years; and parks or other real
estate, fifty years.

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

(c) In lieu, however, of creating a sinking fund, or sinking funds,
1s in section thirty herein provided, the town may issue bonds, hereafter
alled “serial bonds,” payable in annual installments, the first of which
shall be payable at any time the council may prescribe in the ordinance
iuthorizing the issue of such bonds; and the last of which shall be
ayable within the period of the probable life of the work or object for
which the debt evidenced by said bonds was created, ascertained and
ertified as hereinabove provided.
(d) Pending the issuance and sale of any bonds, notes, or other
obligations by this section authorized, or in anticipation of the receipt
of taxes and revenues of the current fiscal year, it shall be lawful for
the town to borrow money temporarily and to issue notes or other evi-
dences of indebtedness therefor, and from time to time to renew such
temporary loans, or to use current funds, to be ultimately repaid from
the proceeds of said bonds, notes or other obligations, or from the town
taxes and revenues, as the case may be; provided that the proceeds of
sale of bonds shall not be used, except for the purposes set out in this
subsection, or for permanent improvements and utilities or refunding
matured issues, unless approved by vote of the people.

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

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

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

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

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

Section 32. Appropriation ordinance and levy.—At not less than
thirty days before the first Thursday in the month of September of each
year, the town manager shall submit to the council for its informatio
a budget for the ensuing fiscal year, and on the first Thursday of Sep
tember in each year, the council shall lay its levy on all property, rea
and personal, subject to taxation for town purposes, and not later thay
October tenth following, the council shall pass its annual appropriatiot
ordinance, !

Section 33. Fiscal year—Unless and until otherwise provided by
ordinance the fiscal year of the town of Norton shall begin Septembe
first, and end August thirty-first.

Section 34, Unencumbered balances.—At the close of each fisca
year, or upon completion or abandonment at any time within the yea
of any work, improvement or other ob ject for which a specific appropria
tion has been made, the unencumbered balance of such appropriatior
shall revert to the respective fund from which it was appropriated, anc
shall be subject to further appropriation; provided, however, this doe:
not prohibit the council from giving the town manager permission tc
authorize such transfer with a department as may be necessary to meet
unexpected obligations. No obligations shall be incurred by an officer
or employee of the town, except in accordance with the provisions of
the appropriations made by the council or under continuing contract
and loans authorized under the provisions of this charter.

Section 35. Payment of claims——Payment by the town shall be
made only upon vouchers certified to by the head of the appropriate
department or other division of the town government, and by means
of warrants on the town treasurer, issued by the director of finance and
countersigned by the town manager, except that when the town manager
acts as director of finance then such warrants shall be issued by the
town treasurer and countersigned by the town manager. The director
of finance or the town treasurer, if the town manager is acting as di-
rector of finance shall examine all pay rolls, bills and other claims and
demands against the town and ‘shall issue no warrant for payment un-
less he finds that the claim is in proper form, correctly computed and
duly certified; that it is justly and legally due and payable: and that
an appropriation has been made therefor which has not been exhausted,
or that the payment has been otherwise legally authorized; and that
there is money in the town treasury to make payment. He may require
any claimant to make oath to the validity of a claim. He may investi-
gate any claim, and for such purpose may examine witnesses under oath
ind if he finds it is fraudulent, erroneous or otherwise invalid, shall not
ssue a warrant therefor.

Section 36. Certification—No contract, agreement or other obli-
yation involving the expenditure of money shall be entered into, nor
hall any ordinance, resolution or order for the expenditure of money
e passed by the council or be authorized by an officer of the town unless
he treasurer shall first certify to the council or to the proper officer,
s the case may be, that the money required for such contract, agree-
nent, obligation or expenditure is in the treasury or safely assured to
e forthcoming and available in time to comply with or meet such con-
ract, agreement, obligation or expenditure; and no contract agreement.
yr other obligation involving the expenditure of money payable from the
sroceeds of bonds of the town shall be entered into until the issuance and
sale of such bonds have been duly authorized in accordance with the
srovisions of this charter in reference to town bonds.

Section 37. Contingent fund—Provision may be made in the an-
qual budget and annual appropriation ordinance for a reasonable contin-
yent fund for use in any of the affairs of the town. Such contingent
fund shall be under the joint control of the town manager and the
town council.

TAXATION

Section 38. License taxes——(a) License taxes may be imposed
by ordinance on businesses, trades, professions and callings and upon
the person, firms, associations and corporations engaged therein, and
the agents thereof, except in case where taxation by the localities
shall be prohibited by the general law of the State, and nothing
herein shall be construed to repeal or amend any general law with
respect to taxation.

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

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

Section 39. 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.

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

(c) The council of the town of Norton is authorized to and shal
annually order a town levy for so much, as in their opinion is nec-
essary to be raised in that way, in addition to what may be receivec
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 person:
in the said town above the age of twenty-one, not exempt by lav
from the payment of the State capitation tax, and upon any property
therein subject to local taxation under general law.
It is hereby expressly provided that said council shall, in its dis-
cretion, be authorized to fix such annual levy on property subject to
taxation in the town of Norton, for town purposes, without any limit
as to the rate thereof, any provision of the general laws of the State
to the contrary notwithstanding.

(d) That all taxes, whether general or special, assessed upon any
land or lot in said town, are hereby declared to constitute a lien upon
such land or lot, as to general taxes and levies from the commence-
ment of the year for which they were assessed, and as to special
taxes and levies from the time assessed, and if the treasurer of said
town shall not be able, with due diligence, to collect the said taxes
by the first day of August of the year after the same were assessed,
he shall make out lists of such as cannot be collected, in the same
manner as county treasurers are required to do in cases of delinquent
county taxes, and present said lists to the said council at its first
regular meeting thereafter. The said council shall examine said lists,
and if approved, shall credit the said treasurer with the amount of
same, and shall have its clerk certify a copy of said list to the county
clerk of Wise county, to be by him recorded in a book to be provided
by the town and kept in his office, after which, said delinquent real
estate may be redeemed, or sold, in the manner prescribed by gen-
eral law. ,

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

(f{) The provisions of subsections (d) and (e) of section thirty-
nine of this charter, insofar as applicable shall apply to the assessment
and collection, and to the administration of the assessment and col-
lection, of taxes on personal property and all classes thereof.

(g) 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.

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

said estate. !
Section 40. Special assessments.—(a) All local or special assess-
ments shall be made and assessed by the town manager under such
regulations as the council may by ordinance prescribe.

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

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

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

(c) That the said town and the taxable persons and property
therein shall be exempt and free from any poor rates and road taxes,
and from contributing to any county expense except as hereinafter
provided, and the said town may, at its own expense, provide for its
own poor and keep its own streets in order.

Section 41. Audits of accounts——-Upon the death, resignation,
removal or expiration of the term of any officer of the town, the
town manager shall order an audit and investigation to be made of
the accounts of such officer and report to the council.

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

PUBLIC PROPERTY AND FRANCHISE

Section 42. Transfer of franchise—No public utility franchise
shall be transferable except with the approval of the council expressed
by ordinance, and copies of all authorized transfers and mortgages or
other documents affecting the title or use of any such public utility
shall be filed with the town clerk within ten days after the execution
and delivery thereof.

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

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

(2) To impose such other regulations as may be conducive tc
the safety, welfare and convenience of the public.
(3) Extensions—All extensions of public utilities within the
town limits shall become a part of the aggregate property of suck
public utility, shall be operated as such and shall be subject to all
the obligations and reserved rights contained in this charter and in
any original grant hereafter made. The right to use and maintain
such extension shall terminate with the original grant.

(4) However, if there shall be omitted from this charter any pro-
visions essential to the valid sale, or granting, renewing, extending,
or amending, of any franchise, privilege, lease, or right of any kind
to use any public property therein, the provisions of the general
law with reference to this subject shall supply said omissions. Pro-
vided, however, that nothing contained in this charter shall affect
any franchise heretofore granted, or any contract heretofore made
with a public utility corporation nor shall anything contained in this
charter be construed to conflict with the jurisdiction of the Corporation
Commission of the State of Virginia.

GENERAL PROVISIONS

Section 44. Vacancies.—Vacancies in any offices provided for in
this charter shall be filled by the authority and in the manner pro-
vided herein for the original appointment or election of such officers.

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

Section 45. Salaries and compensation—The salaries of the
councilmen and mayor as now constituted shall be and remain the
same as now fixed, until the expiration of their respective terms.
Thereafter the salaries of such councilmen and chairman, who is ex-
officio mayor, such as may be fixed and prescribed by the council
as then constituted; and the salaries of such councilmen and chairman,
who is ex-officio mayor, shall not be increased or diminished during
the terms of their respective terms of office; provided, however, the
salary of no councilman shall exceed the sum of ten dollars per
month, and the salary of the chairman, who is ex-officio mayor, shall
not exceed the sum of fifty dollars per month in addition thereto.
The salaries and compensation of all other officers and employees
of the town shall be such as may from time to time be fixed and
prescribed by the council and town manager.

Section 46. Oath of office and qualifications—Except as other-
wise provided by general law or by this charter, all officers elected
or appointed under the provisions of this charter shall take the oath
of office and execute such bond as may be required by general law,
by this charter, or by ordinance or resolution of the council, and
file the same with the town clerk, before entering upon the discharge
of their duties, and if the requirements of this section have not been
complied with by any officer within thirty days after the term of
office shall have begun or after his appointment to fill a vacancy,
then such office shall be considered vacant.
Section 47. Officers to administer oaths——The commissioner of
he revenue, town clerk, town treasurer, and town manager shall have
ower to administer oaths and to take and sign affidavits in the
lischarge of their respective official duties.

Section 48. Bond—All officers elected or appointed under the
rovisions of this charter, shall, unless otherwise provided by general
aw or by this charter, execute such bonds, with such approved cor-
orate security, as may be required by general law, by this charter,
x by ordinance or resolution of the council, and file the same with
he town clerk before entering upon the discharge of their duties.
[he town shall pay the premiums on such bonds.

Section 49. Investigations—The council, the town manager and
ny officer, board or commission authorized by them, or either of
hem, shall have power to make investigation as to town affairs,
ind for that purpose to subpoena witnesses, administer oaths, and
‘compel the production of books and papers.

Any person refusing or failing to attend, or to testify or to pro-
uce such books and papers, may by summons issued by such board
r officer be summoned before the mayor of said town by the board
rt official making such investigation, and upon failure to give satis-
actory explanation of such failure or refusal, may be fined by the
aayor not exceeding one hundred dollars or imprisoned not exceed-
ng thirty days, and such person shall have the right to appeal to
he circuit court of Wise county. Any person who shall give false
estimony under oath at any such investigation shall be liable to prose-
ution for perjury.

Section 50. Revocable permits——Every permit given or author-
zed by the council or town manager to violate the ordinances of the
own establishing fire limits and providing for the character of ma-
erials which may be used in the construction of buildings within
uch fire limits, and every permit authorizing the violation of the
yrdinances of the town relating to obstructions in, over and under,
yr encroachments on the streets, alleys, parks and other public grounds
ind property of the town, ad every permit authorizing the violation
of any ordinance of the town, shall be deemed to be a license and not
1 franchise or grant, and sha.l be revocable at the will of the council.

Section 51. Actions against the town for damages.—No action
shall be maintained against the said town for damages for an injury
‘© any person or property alleged to have been sustained by reason
of the negligence of the town, or of any officer, agent or employee
-hereof unless a written staternent of the nature of the claim and of the
‘ime and place at which th: injury is alleged to have occurred ot
been received, shall have been filed with the town attorney of said
town within ninety days froin date of alleged accident.

Section 52. Books and papers delivered to successor or town
clerk.—Any person holding a municipal office and vacating the
same on account of removal or otherwise shall deliver over to his
successor in office, or to the town clerk, all property and books anc
papers belonging to the town, or appertaining to such office whicl
may be in his possession or under his control, and in case of his
failure to do so within ten days after he shall have vacated the office,
or within such time thereafter as the council shall elect, and upon
due notification or request of the town clerk, he shall forfeit and
pay to said town a sum not in excess of five hundred dollars, to
be sued for and recovered with costs, and all books, records and docu-
ments used in such office by virtue of any provisions of this act or
of any ordinance or resolution of the council, or by order of any
superior officer of said town, shall be deemed the property of said
town as appertaining to said office, and the incumbent of such office
and his sureties on his bond shall be responsible therefor.

Section 53. All elections shall be held at such place or places
within said town as the council by ordinance may prescribe.

Section 54. 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 with-
out 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 Norton.

Section.55. Penalty for officers failing to perform duties.—If any
officer of the town of Norton, whether he be elected by vote of the
people or by the council, or appointed by the council, or the town
manager, shall fail or refuse to perform any of the duties required
by him by this charter or by ordinance or resolutions of the town
council, he shall be fined not less than five dollars nor more than one
hundred dollars for each offense, and he and his sureties on his official
bond shall be liable for all damages which may accrue to the town or
any other person by reason of such failure or refusal.

Section 56. Police agents.—Any person, firm, association or owner
or owners, or the president of any corporation owning any industrial
plant or commercial house or houses, or education or eleemosynary
institutions in the town may, with approbation of the town manager
or mayor, appoint one or more police agents, who shall have authority
in all cases in which the rights of such person, firm, association, or
owner or owners, or the president of such owning corporation are in-
volved, to exercise within the town and State all powers which can be
lawfully exercised by any constable or police officer for the preservation
of the peace, the arrest of offenders, and disorderly persons, and for
the enforcement of laws against crimes, and such person, firm, associa-
tion, or owner or owners, or the president of such owning corporation
may remove any such agent at pleasure, and the town manager or
mayor, or the successor of either, giving such consent may at any
time revoke it. Such police agents shall qualify before the officer
approving their appointment and a record shall be kept of their ap-
pointment and qualification; but the town shall not on account of
said approval or consent of the mayor or town manager to said ap-
pcintment, be liable to any person for the negligence or acts of
omission or commission of said police agents.

Section 57. Town plan—The town council may cause to be
prepared and adopted a comprehensive town plan providing for the
future improvement and growth of the town within and without the
town limits, and including the altering and extension of streets, and
opening of new subdivisions, the changing and improving the channels
of the creeks running into and through the town, the location and
opening of the most practical and direct highways from the town into
the adjoining country, the improvement of entrances and terminals
to and from the town, including those of public service corporations
looking to the future harmonious development of a town plan, the
planning for playgrounds, parks, and boulevard system, the location
of public buildings, including school buildings and other public works,
and public utilities, and all such other things as will tend to make the
town of Norton a more convenient, attractive and modern town.

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

Section 58. Laying out streets, rights therein, and subdividing
lands and recording plats thereof—(a) Whenever any street, alley or
lane shall have been opened to and used as such by the public for the
period of five years, the same shall thereby become a street, alley or Jane
for all purposes, provided that the town council shall by ordinance, so
declare, and after such declaration the town shall have the same
authority and jurisdiction over and right and interests therein as it has
by law over the streets, alleys and lanes laid out by it.

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

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

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

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

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

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

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

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

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

Section 59. Powers of policemen.—For the purpose of enabling
the town to execute its duties and powers each member of the police
force and each policeman is hereby made and constituted a conservator
of the peace and endowed with all the power of a constable in criminal
cases and all other powers which under the laws of the town may
be necessary to enable him to discharge the duties of his office.

Section 60. Use of county jail by town.—The council shall have
power to enforce the collection of all fines not exceeding five hundred
dollars, and imprisonment not exceeding twelve months, for the viola-
tion of any of the ordinances of the said town, and may commit to
the jail of the county of Wise for safe keeping and confinement all
prisoners who shall be sentenced to imprisonment under the ordinances
of the said town; and until such fines and costs shall have been paid,
and compel such person or persons so committed to the said jail for
violation of such ordinances, to work on the streets and public works,
or buildings of said town for a term not exceeding twelve months, and
shall have exclusive jurisdiction in all cases arising under the ordinances
of said town, and to issue any and all proper process whether mesne
or final, which may be necessary to enforce its authority.

Section 61. General power.—Said council shall have power to pass
all ordinances, regulations, or orders not contrary to the Constitution
and laws of the United States, or of this State, which the said council
may deem necessary and proper for the welfare of said town or any
of its citizens, and such other powers as are now or may hereafter be
vested in it by the laws of this State, and to amend or repeal the same
at its pleasure, and to enforce the observance of such ordinances, orders,
and regulations under penalties not exceeding five hundred dollars, or
imprisonment not exceeding twelve months, or both, fines to be
recovered, with costs, in the name of said town before the mayor, or
any councilman of said town, in the absence of the mayor, and applied
in aid of the taxes imposed upon said town.

Section 62. Ordinances to continue in force—.All ordinances
now in force in the town of Norton, not inconsistent with this charter,
shall be and remain in force until altered, amended or repealed by the
council of said town.

Section 63. Council to settle controversies——In the event the town
manager, or other officers elected by the council, in the administration
of their respective duties, shall disagree or have any controversy with
any of the officers of the town elected by the voters, such matter in
dispute or controversy shall be referred to the council for review and
decision.

Section 64. Partial invalidity—lIf any clause, sentence, paragraph,
or part of this act, shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of said act, but shall be confined
in its operations to the clause, sentence, paragraph, or part thereof
directly involved in the controversy in which said judgment shall have
been rendered.

Section 65. Citation of act——This act may for all purposes be
referred to or cited as the Norton charter of nineteen hundred and
thirty-six.

Section 66. 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 67. Repeal clause.—All acts and parts of acts in conflict
with this charter are hereby repealed in so far as they affect the
provisions of this charter, and all former charters and amendments
thereof, of the town of Norton, are hereby repealed.

Section 68. 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.