Chap. 44. An ACT to provide a new charter for the town of Front Royal,
Virginia, and to repeal all acts and parts of acts in conflict with this act.

[S B 12]
Approved January 18, 1937

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

Section 1. The inhabitants of the town of Front Royal, Warren
county, Virginia, as its limits now are, or hereafter may be established
in the manner provided by law, shall continue to be a body corporate
and politic by name the town of Front Royal, and under that name shall
have perpetual succession; may use a corporate seal of such kind
as it may adopt; may sue and be sued; may acquire property within
or without its boundaries for any municipal purpose, in fee simple or
lesser interest or estate, by purchase, gift, devise, lease or condemnation,
and may sell, lease, hold, manage and control such property as its
interests may require; and, except as prohibited by the Constitution
of Virginia or restricted by this charter, the town of Front Royal
shall have and may exercise all municipal powers, functions, rights,
privileges and immunities which are now, or may be hereafter, con-
ferred upon or delegated to incorporated towns under the Constitution
and laws of Virginia, as fully and completely as if herein enumerated
in detail, and no enumeration of particular powers in this charter
shall be held exclusive.

Section 2. The corporate limits of the town of Front Royal, Vir-
ginia, as heretofore established, are hereby re-established, as follows:

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

Section 3. Except as may be otherwise provided in this charter,

all powers of the town and the administration and government of the
said town shall be vested in the council of the town of Front Royal and
in such boards and officers as are hereafter mentioned, or may be by
law otherwise provided.
— Section 4. The municipal officers of said town shall, beginning
with the effective date of this act and thereafter, consist of a mayor,
four councilmen, a town manager, a town treasurer, and a town clerk.
The mayor and councilmen shall be elected by the qualified voters
of said town. The town manager, town treasurer and town clerk shall
be appointed by the council as is hereinafter provided.

Section 5. The power and authority of the councilmen shall, in
addition to those mentioned and authorized by this act, be such as
are mentioned and prescribed by law.

Section 6. The present mayor and town councilmen shall continue
in office until the expiration of the terms for which they were re-
spectively elected. On the second Tuesday in June, nineteen hundred
and thirty-eight, and every two years thereafter, there shall be elected
by the qualified voters of the town of Front Royal, two councilmen,
who shall be electors of the said town, and whose terms of office
shall begin on the first day of September succeeding their respective
elections and shall continue for four years thereafter, and until their
duly elected successors shall have qualified.
On the second Tuesday in June, nineteen hundred and thirty-eight,
and every two years thereafter, there shall be elected by the qualified
voters of the town of Front Royal, a mayor, who shall be one of the
electors of the said town, and whose term of office shall begin on the
first day of September succeeding his election and continue for two
years thereafter, and until his duly elected successor shall have qualified.

The council may fill any vacancy that may occur in the membership
of the town council for any unexpired term.

Each member of the council shall receive a salary to be fixed by
the council, payable at such times and in such manner as the council
shall direct.

The mayor shall receive a salary to be fixed by the council, payable
in such manner and at such times as the council shall direct.

Section 7. All municipal officers of the town, before entering upon
the duties of their respective offices, shall be sworn in accordance with
the laws of the State by any one authorized to administer oaths under
the laws of the State. If any person elected or appointed to any office
in said town shall neglect to take such oath on or before the day on
which he is to enter upon the discharge of the duties of his office, or
shall for twenty days after the beginning of his term of office fail to
give such bond as may be required of him by the council, a vacancy
in said office shall then exist.

CHAPTER II

Tue Mayor AND Vice-Mayor

Section 8. The mayor shall preside at the meetings of the council
and perform such other duties as may be prescribed by this charter
and by general law, and such as may be imposed by the council. con-
sistent with his office. He shall be recognized as the official head of
the town for all ceremonial purposes, by the courts for the purpose
of serving civil procéss, and by the Governor for military purposes.
In time of public danger or emergency, he may take command of the
police, maintain order and enforce the law. Such course of action
shall be subject to review by the council.

The mayor shall have no right to vote in the council except that
in every case of a tie vote of the council, the mayor shall be entitled
to vote and his vote in case of a tie only shall have the same weight
and effect as the vote of a councilman.

The mayor shall have no power to suspend, remove or discharge
any officer, agent or employee of the town nor shall he have any
power or authority to appoint or employ any officer, agent or employee
of the town nor to fix the term of office or employment, or the com-
pensation, or to increase or decrease the power and authority of any
officer, agent or employee of the town, but the mayor shall have such
powers with respect to the chief of police, the policemen and employees
of the police force when and if the mayor is given the control and
supervision of the chief of police, the policemen and employees of
the police force as provided in section forty-(a) hereof.
Section 9. The council shall at its first meeting after the effective
date of this act choose one of its members as vice-mayor who shall
serve until August thirty-first, nineteen hundred and thirty-eight; and
at its first meeting in September, nineteen hundred and thirty-eight,
and biennially thereafter following the regular municipal election, the
council shall choose one of its members as vice-mayor. The vice-
mayor shall perform the duties of the mayor during his absence or
disability. In the event of the death, removal or resignation of the
mayor, the council shall choose one of the councilmen or some other
qualified voter of the town of Front Royal who shall serve as mayor
until the next succeeding municipal election, at which time a successor
shall be elected by the qualified voters of the town of Front Royal
to fill the office of mayor for the remainder of the unexpired term.

Should a member of the council be chosen to serve as mayor until
the next municipal election such councilman shall be deemed to have
surrendered his office as councilman forthwith upon his qualification
as mayor and his office of councilman shall thereupon be vacant. The
vacancy thereby created in the council shall be filled by the council as
provided in section six hereof. |

The member of the council who shall be chosen vice-mayor shall
continue to have all of the rights, privileges, powers, duties and obli-
gations of councilman even when performing the duties of mayor
during the absence or disability of the mayor of the town.

CHAPTER III

THE COUNCIL

Section 10. The council of the town shall be composed of four
members. They shall be elected by the popular vote of the qualified
voters of the town, as provided in section six hereof.

Section 11. The council shall, by ordinance, fix the time for their
stated meetings. Special meetings shall be called by the clerk of the
council upon the written request of the mayor, or any three members
of the council; no business shall be transacted at a special meeting
but that for which it shall be called, unless the council be unanimous.
The meetings of the council shall be open to the public, except when
the public welfare shall require executive sessions.

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be
deemed vacant by resolution of the council and thereupon his un-
expired term shall be filled according to the provisions of this act.

Section 12. The council shall appoint a clerk to serve at the will
of the council, and shall have authority to adopt such rules and appoint
such officers and committees as they may deem proper for the regu-
lation of their proceedings and for the convenient transaction of busi-
ness ; to compel the attendance of absent members; and enforce orderly
conduct at meetings.

The council may appoint one of the members of the council, other
than the member appointed town treasurer, as town clerk, if in the
judgment of a majority of the members of the council it is proper
so to do, and the member appointed town clerk shall have all of the
duties and powers of town clerk as herein provided and he shall
continue to have all of the powers, duties, authority, jurisdiction, re-
sponsibilities and obligations of a councilman.

The council shall keep a minute book, in which the clerk shall note
the proceedings of the council, and shall record said proceedings at
large on the record book, and keep the same properly indexed.

Section 13. A majority of the members of the council shall con-
stitute a quorum for the transaction of business. No ordinance shall
be passed or resolution adopted having for its object the appropriation
of money, or the levy of taxes and licenses, except by the concurrence
of at least three members, one of whom may be the mayor in case of
a tie vote as provided in section eight hereof. No vote or question
decided at a stated meeting shall be reconsidered at a special meeting
unless all members are present, and three of them concur.

CHAPTER IV

Town MANAGER

Section 14. The council shall appoint a town manager who shall
be the chief administrative officer of the town. The town manager
shall be chosen by the council solely on the basis of his executive and
administrative qualifications and need not, when appointed, be a resi-
dent of the town or the State, but during his term of office he shall
reside within the town. No member of the council shall, during the
time for which elected, be chosen as town manager. The town mana-
ger shall be appointed for a term acceptable to the town council and
the town manager. He shall be removable by the town council for
cause. Before the town manager may be removed, he shall, if he so
demand, be given a written statement of the reasons alleged for his
removal and the right to be heard publicly thereon at a meeting of the
council prior to the final vote on the question of his removal, but pend-
ing and during such hearing the council may suspend him from office.
The action of the council in suspending or removing the town manager
shall be final, it being the intention of this charter to vest all authority
and fix all responsibility for such suspension or removal in the council.
In case of the absence or disability of the town manager the council
may designate some qualified person to perform the duties of the
office during such absence or disability.

Section 15. It shall be the duty of the town manager to supervise
the administration of the affairs of the town; to make such recom-
mendations to the council concerning the affairs of the town as may
seem to him desirable; to keep the council advised of the financial con-
dition and future needs of the town; to prepare and submit to the
council the annual budget estimate; to prepare and submit to the coun-
cil such reports as may be required by that body; and to perform
such other duties as may be prescribed by this charter or required of
him by order or resolution of the council, not inconsistent with this
charter.

The council shall have power to appoint either the mayor or town
manager as chief conservator of the peace within the town and to see
that the ordinances of the town and the laws of the State are enforced.

Section 16. Except as otherwise provided in this charter, the town
manager, subject to the consent of the town council, may appoint or
employ and he may remove or discharge such officers, employees and
assistants as may be necessary to carry on the work in those depart-
ments of the town committed to him by ordinance, in all of their
respective details, in an economical and satisfactory manner. The sal-
aries and terms of office or employment of such officers, employees
and assistants shall be fixed by the town manager subject to the ap-
proval of the town council. His action in all respects shall be subject
to review by the council and he shall be accountable to the town coun-
cil only.

CHAPTER V

POWERS OF COUNCIL

Section 17. The council of the town shall have general power

over all officers and employees of the town as provided in this charter.

Section 18. The council of the town shall have, subject to the
provisions of this act, the control and management of the fiscal and
municipal affairs of the town and of all property, real and personal,
belonging to said town and may make such ordinances and by-laws
relating to the same as they shall deem proper. The council shall in
addition to other powers given by law, have power to make such ordi-
nances, orders, by-laws and regulations as they may deem proper and
necessary to carry out the following powers, which are hereby vested
in them:

First. To establish a market in and for said town, provide for the
appointment of proper officers therefor, prescribe the time and places
for holding the market, provide suitable grounds and buildings therefor,
and enforce such regulations as shall be necessary and proper to pre-
vent huckstering, forestalling, or regrating.

Second. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, arm-
ories, jails and all buildings and structures necessary or appropriate for
the use and proper operation of the various departments of the town
and the performance of its duties and functions.

Third. To establish, maintain, and operate waterworks and sewer
systems within and without the town; to purchase water therefor; to
contract and agree with the owners of any land, springs or water sup-
plies for the use of or purchase thereof, or have same condemned ac-
cording to law, for the location, extension, or enlargement of the said
waterworks, or sewer system, either or both, the pipes connected there-
with, and the fixtures or appurtenances thereof; and to protect from
injury by ordinance, prescribing adequate penalties, the said water-
works, water supplies, sewer systems, pipes, fixtures, and land or any-
thing connected therewith whether within or without the limits of the
town.

Fourth. To open, extend, widen, or narrow, lay out, graduate, curb,
and pave and otherwise improve streets side-walks and public .alleys in
said town, and have them kept in good order and properly lighted; in
order to properly light the streets of said town, the council may erect
and operate such number of lamps and fixtures thereto belonging as
they may deem necessary; they may build bridges in and culverts under
said streets, and may prevent or remove any structure, obstruction, or
encroachment over, or under, or in any street, side-walk, or alley in
said town, and may permit shade trees to be planted along said streets ;
but no person shall occupy with his works, or any appuretnances there-
of, the streets, side-walks, or alleys of the town, without the consent
of the council, duly entered upon its records; provided that so long
as the said town shall, at its own expense, maintain and keep its streets
in good order and repair, it shall be exempt from all labor and tax for
county road purposes.

Fifth. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the town in any manner whatever.

Sixth. To determine and designate the route and grade of any
public utility laid out in said town.

Seventh. To make provisions for and regulate weights, measures
and standards.

Eighth. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish, erect, and regulate hospitals;
to provide for and enforce the removal of patients to said hospitals ;
to appoint and organize a board of health for said town, with the nec-
essary authority for the prompt and efficient performance of its duties.

Ninth. To require and compel the abatement and removal of all
nuisances within the said town, at the expense of the person or per-
sons causing the same or the owner or owners of the ground where-
on the same shall be; to regulate or prevent soap factories and candle
factories within the town, and the exercise of any dangerous, offensive
or unhealthy business, trade or employment therein; and to regulate
the transportation of coal, explosives, garbage and other articles through
the streets of the town, and to restrain and regulate the speed of
locomotive engines and cars upon the railroads within the town.

Tenth. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense of so doing from the
owner or owners, occupier or occupiers, or any of them (except in
cases where such nuisance is caused by the action of the town authori-
ties or their agents, or by natural causes beyond the control of the owner
or occupant, in which case the town shall pay the expense of abating
the same), by distress and sale in the same manner in which taxes levied
upon real estate for the benefit of said town are authorized to be col-
lected ; provided, that reasonable notice and an opportunity to be heard
shall be first given to said owners or their agents. In case of nonresi-
dent owners who have no agent in said town, such notice shall be given
by publication at least once a week for not less than four consecutive
weeks in any newspaper having general circulation in the said town.

Eleventh. To regulate and direct the location and construction of
all buildings for the storage of gunpowder, explosives and combustible
substances ; to regulate the sale and use of gunpowder, explosives, fire-
crackers, fireworks, kerosene oil, gasoline, or other combustible mate-
rial; to regulate or prohibit the exhibition of fireworks, the discharge
of firearms, the use of lights or candles in barns and stables and other
outbuildings within the town, and to restrain the making of bonfires
within the town.

Twelfth. To prevent hogs, cows, horses, dogs, and other animals
from running at large in the said town, and to subject the same to such
confiscation, regulations, and taxes as they may deem proper, and to
prevent the keeping of hogs within the limits of the town.

Thirteenth. To regulate the riding and driving of horses and other
animals and the operation of motor and other vehicles, but not in con-
flict with State law; to prevent the throwing of stones or engaging in any
employment or sport on the streets, sidewalks or public alleys, dan-
gerous or annoying to persons; and to prohibit and punish the abuse
or cruel treatment of horses and other animals in said town.

Fourteenth. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots, disturbances and disorderly
assemblages ; to suppress houses of ill-fame and gambling houses, and
to prevent and punish lewd, indecent, and disorderly conduct or exhi-
bitions in said town.

Fifteenth. To prevent the coming into the town of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the town.

Sixteenth. To acquire, by condemnation, purchase or otherwise, pro-
vide for, maintain, operate and protect aircraft landing fields either
within or without the corporate limits of the town.

Seventeenth. To own, operate and maintain electric light and/or
gas works, either within or without the corporate limits of the said
town for the generating of electricity and/or the manufacture of gas
for illuminating, power and other purposes, and to supply the same,
whether said gas and/or electricity be generated or purchased by said
town, to its customers and consumers both within and without the cor-
porate 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/or 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 city at such price and on
such terms as it may prescribe.
Eighteenth. To establish, impose and enforce water, gas, electricity,
and sewerage rates and rates and charges for public utilities or other
service, products or conveniences, operated, rendered or furnished by
the town; and to assess, or cause to be assessed, water, gas, electricity
and sewerage rates and charges against the proper tenant or tenants
or such persons, firms or corporations as may be legally liable therefor ;
and the council may by ordinance require a deposit of such reasonable
amount as it may by such ordinance prescribe, before furnishing any
of said services to any person, firm or corporation.

Nineteenth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to grant franchises for public utilities under
terms and conditions to be fixed by the council.

Twentieth. To divert the channels of creeks and flowing streams
and for that purpose to acquire property by condemnation.

Twenty-first. Subject to the provisions of the Constitution of
Virginia and of this charter to contract debts, borrow money and
make and issue bonds and other evidences of indebtedness.

Twenty-second. To expend the moneys of the town for all lawful
purposes.

Twenty-third. To exercise the power of eminent domain within
this State with respect to lands and improvements thereon, machinery
and equipment for any lawful purpose of the said town.

Twenty-fourth. To provide by ordinance for a system of meat
and milk inspection and to appoint meat and milk inspectors, agents
or officers to carry the same into effect, within or without the corporate
limits of the town; to 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 reasonable penalties for the violation of such ordinances.

Twenty-fifth. To do all things whatsoever necessary or expedient,
and to pass all ordinances, resolutions and by-laws for promoting or
maintaining the security, general welfare, comfort, education, morals,
peace, government, health, trade, commerce and industries of the town,
or its inhabitants, not in conflict with the Constitution of the State,
or the Constiution of the United States.

Twenty-sixth. The council shall have full control and regulation
over the public utilities now owned or that may hereafter be acquired
by the said town, and to this end it shall have full authority to employ
from time to time such employees as it deems necessary to properly
maintain, conduct and operate the same; and it shall have full authority
to incur indebtedness, unless otherwise prohibited by law, whenever
the said council may deem it necessary for the proper conduct, manage-
ment and maintenance of the public utilities now owned by the said
town, or such as may hereafter be acquired by it; and the council
is hereby authorized and empowered to supply electric current to
persons, firms, associations and corporations not further distant than
fifteen miles from the corporate limits of the town, and to charge there-
for for which purpose the said council is specifically authorized and
empowered to construct, purchase, lease or otherwise acquire necessary
transmission lines, and to purchase, lease or otherwise acquire such
rights of ways as may be necessary for such purposes.

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

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

Section 19. The council is empowered to acquire, by purchase, gift,
devise or condemnation or otherwise, lands to be used as a place
for the burial of the dead. The said council shall have the power
to prescribe and enforce all needful rules and regulations not icon-
sistent with the laws of the State for the use, protection, and ornamen-
tion of the cemetery; to set aside, at their discretion, by metes and
bounds, any portion thereof for the interment of strangers and the
indigent poor; to divide the remainder into burial lots, and sell or
lease the same, and to execute all proper deeds or other writings in
evidence of such sale or lease, and to prescribe what class or conditions
of persons shall be admitted to interment in the cemetery. The
cemetery, when established and enclosed, with the property included
in it, shall be exempt from all State, county, and municipal taxation.

Section 20. The council shall set aside, or cause to be set aside,
a sufficient portion of the revenues of the town, during each fiscal
year to meet the sinking fund requirements for that year of the
respective town ordinances, both those now in effect and such as may
be passed in the future, authorizing the issuance of bonds by the
town. Unless otherwise provided in the ordinances passed prior to
the effective date of this charter authorizing the issuance of bonds,
all sinking funds of the town shall be administered by the board of
sinking fund commissioners created by section twenty-five of this
charter, who shall collect, maintain, and handle the same in the manner
provided by section twenty-five hereof. None of the sinking funds
of the town shall be appropriated or used for any purpose other than
the retirement of the bonded indebtedness of the town.

Section 21. Where, by provisions of this act, the council have
authority to pass ordinances on any subject they may prescribe any
penalty not exceeding twelve months in jail or a fine not exceeding
five hundred dollars, either or both, for a violation thereof, and may
provide that the offender, on failing to pay the penalty recovered and
costs shall be imprisoned in jail or prison farm of the town for a term
not exceeding ninety days, which penalties may be prosecuted and
recovered with costs in the name of the town of Front Royal, or shall
compel them to work on the streets or other public improvements of
the said town. The council shall also have the right to establish
prisoner labor force in which they may require persons convicted of
violations of town ordinances, to work on the streets and other public
grounds of the town, and the further right to deal with the State for
the use and employment of persons convicted of violations of State laws.

Section 22. The town council shall not take or use any private
property for streets or other public purposes except by gift or by
dedication as hereinafter is provided, without making the owner thereot
just compensation for the same; but in cases where the council cannot
by argeement obtain title to the ground for such purposes, the council
may exercise the power of eminent domain, as provided by law.

Section 23. In every case where a street in said town has been,
or shall be, encroached upon by any fence, building or otherwise, the
council may require the owner to remove the same, and if such removal
be not made within the time prescribed by the council, they may impose
such penalty as they may deem proper for each and every day it is
allowed to continue thereafter, and may cause the encroachment to be
removed, and collect from the owner all reasonable charges therefor,
with costs by the same process that they are hereinafter empowered to
collect taxes.

Except, in any case where there is a bona fide dispute as to the
true boundary line or the location of the true street line (and if
passage over such street is not seriously impeded) the same shall first
be established and determined by an adjudication of a court of com-
petent jurisdiction in a proceeding instituted by either the town or the
property owner for that purpose before the said town shall take any
steps to remove the said obstruction or encroachment, or to impose
any penalty therefor. No encroachment upon any street, however
long continued, shall constitute any adverse possession to or confer
any rights upon the persons claiming thereunder as against the said town.

Section 24. Dedication of any street, alley or lane in said town
may be made by plat or deed. Any street or alley reserved in the
division or subdivision into lots of any portion of the territory within
the corporate limits of said town, by a plan or plat of record, shall be
deemed and held to be dedicated to public use, unless it appears by
said record that the street or alley so reserved is designated for private
use. The council shall have the right to elect, by resolution entered
on its minutes whether it will, or will not accept the dedication of any
street or alley.

Section 25. Whenever by act of the Assembly or by ordinance of
the council, the necessity of collecting, maintaining and handling a
sinking fund for the retirement of town obligations may arise, the
mayor, and two members of the council, one of whom shall be the
town treasurer, shall be, and the same are hereby, constituted a board
of sinking fund commissioners, who are authorized to invest such
sinking fund in bonds of the United States government. those of the
town of Front Royal, and such other municipal or county bonds issued
by the cities or counties in Virginia as shall meet the approval of the
council, and to collect, care for, and reinvest the interest or income
accruing from the same as may be directed by the town council by
resolution or ordinance. Subject to the provisions of this charter and
of the general law of the State, any action which the board of sinking
fund commissioners shall take shall be controlled by the affirmative
vote of at least two members thereof. No fees nor commission shall
be paid to any officer for the handling and control of the sinking fund.

The board of sinking fund commissioners shall have complete
charge of all insurance funds, pension and relief funds, and all other
funds, which may be created under authority of the council. The sink-
ing fund commissioners shall each give bond payable to the town of
Front Royal in such amount as the council shall prescribe and with
sufficient security to be approved by the council, for the faithful dis-
charge of their duties as sinking fund commissioners before entering
upon their duties.

Section 26. The council may appoint a duly licensed attorney as
town attorney, whose compensation shall be fixed by the council and
who shall serve during the pleasure of the council, and in addition
to those herein provided for, such officers and clerks as they may deem
necessary, and define their powers, prescribe their duties and fix their
compensation. The council may take from any officer, whether elected
or appointed by them, a bond, with surety, to be approved by the
couneil, in such penalty as it may deem proper payable to the town,
with condition for the faithful discharge by the said officer of the
duties of his office.

Section 27. The clerk of the council shall attend the meetings of
the council, shall keep a record of its proceedings, and shall have the
custody of the seal of the said town. He shall keep all papers that
by the provisions of this act, or the direction of the council, are re-
quired to be filed with or kept by him. Immediately after the close of
each session of the town council, he shall make and present to the mayor
and town manager a transcript of every ordinance, resolution or order
concerning any public improvement, or for the payment of money, and
every ordinance, resolution, order and act of legislative character
passed by the town. council at such session. He shall, in like manner,
give notice to all persons presenting communications or petitions to
the town council of the final action of the council on such communica:
tions or petitions. He shall publish such reports and ordinances as
the town council may direct, and shall in general perform such other
acts and duties as the council may from time to time require of him.

Section 28. In addition to all the other powers mentioned in this
charter, the town shall have power to raise annually by taxes and as-
sessments in said town on all subjects the taxation of which by in-
corporated towns is not forbidden by general law, such sums of money
as the council herein provided for 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 laws of this State and of the
United States.

Section 29. The town council is hereby vested with power to
impose special or local assessments for local improvements and enforce
payment thereof, subject, however, to such limitations prescribed by
the Constitution and laws of Virginia as may be in force at the time
of the imposition of such special or local assessments.

Section 30. The town council may levy a tax or a license on any
person, firm or corporation pursuing or conducting any trade, business,
profession, occupation, employment or calling whatsoever within the
boundaries of the town, whether a license may be required therefor by
the State or not, and may exceed the State license, if any be required,
except when prohibited by general law.

Section 31. Any payment of delinquent taxes made by the tenant,
unless under an expressed contract contained in his lease, shall be
a credit against the person to whom he owes the rent.

Section 32. The council may require of owners of motor vehicles,
trailers and semi-trailers, residing in, or having an office or place of
business in the town, licenses for the privilege of operating such
vehicles in the town, such licenses to be issued and the fees therefor
fixed by the council.

Section 33. All goods and chattels wheresoever found, may be
distrained and sold for taxes assessed and due thereon, and no deed of
trust nor mortgage upon goods and chattels shall prevent the same from
being distrained and sold for taxes.

Section 34. No tax shall be levied or corporate debt in excess of
one hundred dollars be contracted unless by a resolution passed by a
recorded vote of a majority of the council, provided however that all
expenditures provided for in the budget passed by the town council
shall be excepted from this provision of this act.

Section 35. There shall be a lien on real estate for the town taxes
as assessed thereon from the commencement of the year for which
they were assesed. The council may require real estate in the town
delinquent for the non-payment of town taxes to be sold for said taxes,
with interest thereon at the rate of six per centum per annum, and such
per centum as the council may prescribe for charges. Such real estate
may be sold and may be redeemed in the manner provided by law;
provided that at any such sale, where no person bids the amount
chargeable on any such real estate, it shall be lawful for the treasurer
to purchase the same for the benefit of the town upon the same terms
and conditions prescribed by general law, for the purchase of delinquent
real estate by the treasurer for the benefit of a city or town, respectively.

Section 36. The town council may create and maintain a fire
department for the town and it shall be the duty of the employees of
this department to stand ready at all times to answer alarms of fire
and make every effort to extinguish fires and protect lives and property.
It shall also be the duty of the employees of the fire department to
make periodic inspections of the buildings and premises in the town
for fire hazards, and to have corrected any situation tending to create
a fire hazard, when ordered so to do by the council or the town
manager. The employees of the fire department shall have special
police powers when responding to alarms of fire and when making
inspection for fire hazards. The town council may provide and main-
tain all necessary fire fighting apparatus, equipment, and alarm sys-
tems, and make such ordinances as it may deem proper and necessary
to extinguish and prevent fire, to regulate the operation of the fire de-
partment, and may require citizens to render assistance to the fire
department in case of need.

Section 37. For the purpose of guarding against the calamities
of fire, the town council may, from time to time, designate such por-
tions and parts of the town as it deems proper within which buildings
of wood may or may not be erected. It may prohibit the erection of
wooden buildings or buildings of inflammable material in any portion
of the town without its permission, and may provide for the removal
of such buildings or additions which shall be erected contrary to such
prohibition at the expense of the builder or owner thereof; or if any
building in process of erection or already built appears clearly to be
unsafe the council may cause such building to be taken down, after
reasonable notice to the owner; and the council may, by proper ordin-
ance, divide the town into zones; specify the kind and character of
buildings which may be erected in the different zones; provide for
the disposition of garbage and waste; provide precautionary measures
against danger from fires; provide for the removal of buildings or
structures of any kind, erected in violation of ordinances, at the
expense of the builder or owner; and may do all other things lawful
to be done, looking to the health and safety of the inhabitants of the
town.

Section 38. Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local improvements
and assessments, ordinances and resolutions providing for or directing
any investigation of town affairs, resolutions requesting information
from administrative bodies, or directing administrative action and
emergency measures shall take effect at the time indicated in such
ordinances. Except as otherwise prescribed in this charter, all other or-
dinances and resolutions passed by the council shall take effect at the
time indicated in such ordinances, but in event no effective date shall
be set forth in any such ordinance, resolution or by-law passed by
the council, the same shall become effective thirty days from the date
of its passage.

An emergency measure is an ordinance or resolution to provide
for immediate preservation of the public peace, property, health or
safety, in which the emergency claimed is set forth and defined in a
preamble thereto. The affirmative vote of at least three members of
the council shall be required to pass any ordinance or resolution as an
emergency measure. In case there shall be a tie among the four mem-
bers of the council, the vote of the mayor, in event of such tie, shall
be controlling.

Section 39. All ordinances hereafter passed by the council for the
violation of which any penalty is imposed, shall be published once, at
least, in one of the newspapers of said town, to be designated by the
council. A record or entry made by the clerk of said council, or a
copy of said record or entry, duly certified to by him, shall be prima
facie evidence of the publication of any such ordinance; and all laws,
regulations and ordinances of the council may be read in evidence in
all courts of justice, and in all proceedings before any officer, body or
board in which it shall be necessary to refer thereto, from a copy there-
of, certified by the clerk of said council.

Section 40. (a) The council may exercise full police powers and
it may establish and maintain a police force for the town of Front
Royal with such number of policemen and employees as the council
may deem necessary and with the head of such force to be known as
the chief of police. The chief of police and the policemen and em-
ployees of the police force shall be under the control and supervision
of the town manager or the mayor as the council may deem expedient.
The compensation and terms of office or employment of the chief of
police and such policemen and employees of the police force as the
council shall deem proper shall be fixed and determined by the council.

(b) Each member of the police force and the chief of police are
hereby made and constituted a conservator of the peace and endowed
with all the powers of a constable in criminal cases and all other powers
which under the laws of the State of Virginia and the ordinances and
resolutions of the town may be necessary to enable him to discharge
the duties of his office.

Section 41. (a) The council may, in the name of and for the
use of the town, contract debts and make and issue, or cause to be
made and issued, as evidence thereof, bonds, notes or other obligations,
upon the credit of the town, or solely upon the credit of specific property
owned by the town, or solely upon the credit of income derived from
property used in connection with any public utility owned and operated
by the town.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act authorized, or in anticipation of the receipt of
taxes and revenues of the current fiscal year, ii 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
emporary loans or to use current tunds to be ultimately repaid Irom
he proceeds of the said bonds, notes or other obligations or from the
town taxes and revenues, as the case may be. . ,

(c) The credit of the town shall not, directly or indirectly, under
any device or pretense whatsoever, be granted to or in aid of any per-
son, firm, association or corporation.

(d) 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; provided, however, if there shall
be omitted from this act any provision essential to the valid authoriza-
tion, sale, execution and issuance of any of the bonds of said town,
the provisions of general law with reference to similar bonds shall sup-
ply said omission.

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

CHAPTER VI

TOWN OFFICERS

Section 42. The town council may combine offices when not ex-
pressly prohibited, except that the assessing and collecting officers shall
not be the same person.

Section 43. The town council shall grant and pay to all town
officers and employees such salaries or compensation, if any, as the
said council may from time to time deem just and proper, or which
shall be fixed by this act, except as such salaries or compensation may
be fixed by general law.

Section 44. If any person, having been an officer of such town,
shall not within ten days after he shall have vacated, or removed from
office, and upon notification or request of the clerk of the council, ot
within such time thereafter as the town council shall allow, deliver ovet
to his successor in office all property, books, and papers belonging tc
the town, or appertaining to such office in his possession or under hi:
control, he shall forfeit and pay to the town the sum of five hundrec
dollars, to be sued for in the name of the town and recovered with
costs; and all books, records, and documents used in any such office
by virtue of any provision of this act, or of any ordinance or orde:
of the town council, or any superior officer of the said town, shall be
deemed the property of the said town and appertaining to said office
and the chief officer thereof shall be responsible therefor.

Section 45. All officers hereafter elected under this act, shall be
elected at the times and for the terms, as hereinbefore provided, anc
shall enter upon the discharge of their duties, in accordance with the
provisions of the general laws of this State concerning town officers.

Section 46. The town of Front Royal and the officers thereof
elected or appointed in accordance with the provisions of this act.
shall be clothed with all the powers, and be subject to all the provisions
of law not in express conflict with the provisions of this act.

Section 47. No member of the council of the town of Front Royal
shall be appointed or elected to’ any office under the jurisdiction of
the council while he is a member of the council, or for one year
thereafter, except that the council may appoint one of the members
of the council as town treasurer with all or any part of the duties,
powers, obligations and responsibilities of the town treasurer provided
by this act.

Section 48. The mayor, the town councilmen, the town manager,
the chief of police and the members of the police force of the town
shall have jurisdiction, power and authority in criminal and police
matters for one mile from the corporate limits of the said town.

CHAPTER VII

Town TREASURER

Section 49. The town treasurer shall, before entering upon the
duties of his office, give bond with sufficient surety to be approved by
the council, in a penalty of such amount as may be fixed by the council
from time to time, payable to the town of Front Royal, conditioned
for the true and faithful performance of the duties of his office. The
treasurer shall be responsible for the collection of all taxes, licenses
and levies except charges for services furnished by the public utilities
of the town. The council shall have authority to place in the hands
of a town collecter to be-appointed by it the collection of anv taxes,
licenses and other levies at any time before they become delinquent,
if in the discretion of the council it shall be proper so to do.

Section 50. The town treasurer shall receive all moneys belonging
to the town which it is his duty to collect from persons owing the
same to the town, or which it is the duty of other officers of the
town to collect and pay over to him, and pay the same out as the
ordinances of the town may prescribe; to keep such moneys safely
and account therefor, and to pay all drafts or orders made on him in
conformity with the ordinances of the town.

Section 51. The funds of the town shall be deposited by the
‘reasurer in such bank or banks as the council may direct, and such
bank or banks shall give bond in such sum or sums ac the council
shall fix. He shall keep books showing accurately the state of his
accounts and the money of the town shall be kept distinct and separate
from his own money and he is hereby expressly prohibited from using
directly or indirectly the town’s money, checks or warrants in his
custody and keeping for his own use and benefit, or that of any person
or persons whomsoever, and any violation of this provision shall sub-
ject him to immediate removal from office.

Section 52. The books and accounts of the town treasurer and
all papers relating to the accounts and transactions of the town, shall
be at all times subject to the inspection of the mayor, the town council,
and such other persons as the council may appoint, to examine the
same, and all such books and accounts, together with any balance or
moneys on hand, shall be transferred by the treasurer to his successor
at every new appointment, or delivered up as the council may at any
time require. ,

Section 53. The town treasurer shall, on the first day of each
month, render an account to the council showing the state of the
treasury on the day previous and the balance of money on hand. He
shall also, if required so to do by the council, accompany such account
with a statement of all money received by him and on what account,
with a list of all checks paid by him during the month then closed,
and shall furnish such other information, accounts and statements
as the town council may direct.

Section 54. The town treasurer shall annually submit to the
town council, within fifteen days after the close of the fiscal year,
a full and detailed account of all receipts and disbursements made
during the fiscal year just closed. ,

Section 55. All taxes, levies or other sums of money of whatever
nature received by the town treasurer belonging to the town of Front
Royal, shall be credited by the treasurer on his books to the town
of Front Royal and shall be paid out by him only on a warrant of
the clerk of the council, countersigned by the mayor.

Section 56. The treasurer shall keep a separate account of each
fund and appropriation and the debits and credits belonging thereto;
provided, however, that the council shall have the right to require
all town funds to be deposited to the credit of the town and may
prescribe by resolution or ordinance such other method of disburse-
ment as it shall from time to time deem proper.

Section 57. All moneys received on all special assessments shall
be held by the treasurer as a special fund, to be applied to the payment
of the matter for which the assessment was made and said moneys
shall be used for no other purpose.

_. Section 58. The treasurer shall perform such additional duties
as may be required of him by the council not inconsistent with the
laws of the State. |

~ Section 59. The town treasurer shall receive for his services
such compensation, if any, as the council may deem proper.
Section 60. The council may at any time in its discretion combine
the duties of town treasurer, or any part of such duties, with those
of the duties of town manager, and if and when the council places
the duties of the town treasurer, or any part of such duties, upon the
town manager, the town manager shall have all of the power, authority.
duties, obligations and responsibilities which are set forth in this act
for the town treasurer to the extent of the combination of the duties
of town treasurer with the duties of town manager by the town council.

CHAPTER VIII

Town PLANNING

Section 61. The council may adopt a town plan, showing the
streets, highways, and parks heretofore laid out, adopted, and estab-
lished, and such town plan shall be final with respect to the location,
length, and width of such streets and highways, and the location and
dimensions of such parks. Such town plan is hereby declared to be
established for the promotion of the health, safety, and general wel-
fare. Upon the adoption of the town plan, or any amendment thereto,
a certificate to that effect, together with a plat, shall be filed immediately
with the clerk of every county affected by such town plan or amendment.

Section 62. The council is hereby authorized to appoint a town
planning commission, fix the number and terms of members, remove
any member for cause, fill any vacancies, which may occur, and provide
for the powers and duties of such commission, not in conflict with
the provisions of this act.

Section 63. The council may at any time, after a public hearing,
amend the town plan, by widening, relocating, or closing existing
streets and highways, and by altering any existing park or by laying
out new streets and highways and establishing new parks. Before
amending the town plan, the council shall refer the proposed amend-
ment to the town planning commission for a report thereon, and
shall not act on such amendment until a report has been received
from said commission, unless a period of thirty days has elapsed after
the date of reference to the commission. Any amendment of the
town plan, upon its adoption by the council, shall be final unless changed
as herein provided as to the location, length, and width of any street
and highway, and the location and dimensions of any park. Any widen-
ing, relocating, closing or laying out of streets and highways proposed
under the provisions of law other than those contained in this article
shall be deemed an amendment of the town plan, and shall be subject
in all respects to the provisions of this chapter.

Section 64. No plat showing a new street or highway within the
town, shall be filed or recorded in the office of the clerk of the town
or of any county until such plat has been approved by the council.
Before giving any approval, the council shall refer every such plat
to the town planning commission for a report, and shall not act on
any plat so referred until a report has been received from the com.
mission, unless a period of forty-five days has elapsed after the date
of reference to the commission. Before reporting to the counci
on any plat, the commission shall hold a public hearing thereon. Ii
any plat is disapproved by the commission, it shall report the reason:
for such disapproval to the council. The council shall not approve
any plat unless the streets and highways provided in such plats are
of sufficient width, of proper grades, and suitably located to meet the
probable traffic needs; to afford adequate light, air, and access of
fire apparatus to such buildings as may be erected along the proposed
streets and highways; and to insure healthful conditions on the land
adjacent to such streets and highways. The council may, in appropriate
cases, require that a plat, before being approved, shall provide adequate
open spaces for parks, playgrounds, or other recreational uses; but
the inclusion of such open spaces upon a plat does not require their
dedication to public use. After a plat has been approved by the council,
the streets, highways, parks, and other open spaces shall be a part
of the town plan. The council, after a public hearing, may adopt
general regulations in regard to the filing of plats.

Section 64. (a) Before approving such plat, and thereby accept-
ing the dedication 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 referernce to the topography of
the land so platted 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.

(b) 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 Front Royal
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 Front Royal 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 Front Royal from
building any retaining wall or walls along the streets and alleys and
property lines; and the council may require such release and waiver
to be written and executed on said plat and recorded therewith or
by an instrument of writing to be executed and recorded in the clerk’s
office of the circuit court of Warren county.

And the council may, in its discretion, require the owner of such
olatted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper. grade lines laid thereon, and
f and when the council is satisfied that the proper grade lines are
aid on such profiles, the profiles shall be approved by the council and
ecorded by the owner or at his expense in the record of the profiles
»f 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.

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

Section 65. For the purpose of preserving the integrity of the
plan, no permit shall hereafter be issued for the construction of any
building within the street lines of any mapped street or highway, as
laid down in the town plan, within the town. Provided, however, if
the land within any mapped street or highway is not yielding a fair
return to the owner, the board of appeals, provided for in chapter nine
hereof, by a majority vote of all its members, may issue a permit
for a building within the street line of such street or highway, upon
such conditions as will increase as little as possible the cost of opening
such street or highway, and will protect as far as possible the rights
of the public and the integrity of the town plan. The board of appeals,
hereinafter authorized, before taking any action under the provisions
of this section, shall hold a public hearing, of which adequate notice
shall be given to all persons deemed to be affected. Any decision by
the board of appeals, rendered under the provisions of this section,
shall be subject to the same court review as provided for zoning
decisions of the board.

Section 66. If such town plan is adopted, no public sewer, water
pipe, or other public utility shall be laid and no grading or paving
shall be done by the town in any street or highway in the town, unless
such street or highway has been placed upon the town plan by the
council. No permit shall be issued for any building in the town unless
such building is located adjacent to a street or highway which has
been placed upon the town plan by the council. Provided, however,
where the literal enforcement of the provisions of this section would
result in practical difficulty or unnecessary hardship, or where the
nature or use of the proposed building does not require its location to
be adjacent to a street or highway, the board of appeals, by a majority
vote of all its members, may issue a permit for a building, upon such
condition as the board may deem necessary to preserve the integrity
of the town plan and to insure the proper location of future streets
and highways in the town and the surrounding area. Any decisions
of the board of appeals, rendered under the provisions of this section,
shall be subject to the same court review as provided for zoning
decisions of the board.

CHAPTER [xX
ZONING
Section 67. For the purpose stated in chapter one hundred and

ninety-seven of the Acts of Assembly, approved March eighteenth.
nineteen hundred and twenty-six, the town council is hereby empowered
to pass zoning ordinances in conformity with the said act, as amended.
subject, however, to the following modifications thereto:

(a) The council shall not adopt any zoning ordinance or map
until it shall have appointed a town planning commission, as provided
for in chapter eight hereof and shall have received from said commis-
sion its recommendations as to a zoning ordinance and map, and shall
have held a public hearing thereon.

(b) Any zoning ordinance, regulations, restrictions, and boundaries
of districts may be changed from time to time by the council, either
upon its-own motion or upon petition, under such conditions as the
council may prescribe, after a public hearing and adequate notice to
all owners and parties affected. If a protest or protests be filed with
the council, signed by the owners of twenty per centum or more of
the area of the land included in the proposed change, or by the owners of
twenty per centum or more of the area of the land immediately adjacent
to the land included in the proposed change, within a distance of one
hundred feet therefrom, or by the owners of twenty per centum or
more of the area of the land directly opposite across any street or streets
from the land included in the proposed change, within a distance of
one hundred feet from the street lines directly opposite, then no such
change shall be made except by the majority vote of all of the
members of the council. No change shall be made by the coun-
cil in any zoning ordinance or map until such change has been re-
ferred to the town planning commission for a report thereon, and no
action shall be taken by the council until a report has been received
from the commission, unless a period of thirty days has elapsed after
the date of reference to the commission.

(c) Within thirty days after the adoption of any zoning ordinance
and map, the council shall appoint a board of appeals, consisting of
five members, none of whom shall hold any other positions with the
town.

The council may remove any. member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expiration
of the term of the different members, it shall be filled by the council
for the unexpired term.

Unless the council designates some member of the board as chair-
man, the board shall select a chairman from among its own members,
and may create and fill such other offices as it may choose. The board
may employ such persons as the council may approve, and may expend
such sums as are appropriated by the council for its work.

CHAPTER X

GENERAL PROVISIONS

Section 68. The mayor, town clerk, town treasurer, and town man-
ager shall have power to administer oaths, and to take and sign affi-
lavits in the discharge of their respective official duties.

Section 69. The council, mayor, and any officer, board or com-
nission authorized by the council, shall have power to make investica-
tions as to town affairs and 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 produce
such books and papers may, by summons issued by such officer or board
or the town council, be summoned before the mayor of said town by
the board, official or council making such investigation and upon his
failure to give satisfactory explanation of such failure or refusal, may
be fined by the mayor not exceeding one hundred dollars or imprisoned
not exceeding thirty days, and such person shall have the right to
appeal to the circuit court of Warren county. Any person who shall
give false testimony under oath at any such investigation shall be liable
to prosecution for perjury.

Section 70. The plan of government provided by this charter may
be changed to any other plan provided for the government of incor-
porated towns in the manner provided by general law therefor; and if
and when the town of Front Royal shall become a city of the second
class in the manner provided by general law, the plan of government
provided by this charter shall continue so far as applicable, but such
plan of government may be changed to any other plan provided for
the government of cities of the second class at any time in the man-
ner provided by general law.

Section 71. Nothing in this act shall authorize any endinanes in
conflict with any provisions of the Virginia Alcoholic Beverage Con-
trol Act.

Section 72. The town shall not levy any tax which is prohibited
by the Constitution of Virginia or by general law.

Section 73. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder of said act, but shall be confined in its operation to the
clause, sentence, paragraph or part thereof which is so held invalid.

Section 74. All acts and parts of acts in conflict with any of the
provisions of this act are hereby repealed.

Section 75. It being desirable to put into operation certain pro-
visions of this charter without delay, an emergency 1s declared to exist
and this act shall be in force and effect from and after the date of its
passage.
Joint Resolutions of the General Assembly
EXTRA SESSION, 1936-37

HOUSE JOINT RESOLUTION NO. 1.
Appointing Committee to Notify Governor, General Assembly Organized.

Agreed to December 14, 1936.

Resolved by the House of Delegates, the Senate concurring, That
a committee be appointed, composed of five on the part of the House
of Delegates and three on the part of the Senate, to notify the Governor
that the General Assembly of Virginia is duly organized, and ready to
receive any communication that he may desire to make.

HOUSE JOINT RESOLUTION NO. 2.

For Joint Session to receive the Governor.
Agreed to December 14, 1936.

Resolved by the House of Delegates, the Senate concurring, That
the General Assembly meet this day at 1:15 P. M. o’clock in joint
session to receive the Governor of Virginia and such communication
as he may desire to make, and that the rules for the government of
the Senate and House of Delegates when convened in joint assembly
for such purposes shall be as follows:

1. At the hour fixed for the meeting of the joint assembly, accom-
panied by the President and Clerk of the Senate, the Senators shall
proceed to the hall of the House of Delegates and shall be received by
the Delegates standing. Appropriate seats shall be assigned to the
Senators by the Sergeant-at-arms of the House. THE SPEAKER of the
House shall assign an appropriate seat for the President of the Senate.

2. THE SPEAKER of the House shall be president of the joint assem-
bly. In case it shall be necessary for him to vacate the chair, his place
shall be taken by the President of the Senate, or in his absence, by
such member of the joint assembly as THE SPEAKER may designate... :

3. The Clerk of the House shall be the clerk of the joint assembly,
and shall be assisted by the Clerk of the Senate. He shall enter the
proceedings of the joint assembly in the Journal of the House and shall
certify a copy of the same to the Clerk of the Senate, who shall enter
the same on the Journal of the Senate.

4. The Sergeant-at-arms, the doorkeepers and pages of the House
shall act as such for the joint assembly.

5. The rules of the House of Delegates, SO; far as practicable, shall
be the rules of the joint assembly.

6. In calling the roll of the joint assembly, the names of the Sendy-
tors shall be called first, in alphabetical order, ‘then the names of the
Delegates in like order, except that the name of THE SPEAKER of the
House shall be called last.
7. If, when the joint assembly meets, it shall be ascertained that a
majority of each house is not present, the joint assembly may take
measures to secure the attendance of absentees, or adjourn to a suc-
ceeding day, as a majority of those present may determine.

8. When the joint assembly adjourns, the Senators accompanied
by the President and Clerk of the Senate, shall return to their chamber,
and the business of the House shall be proceeded with in the same
order as at the time of the entrance of the Senators.

HOUSE JOINT RESOLUTION NO. 4.
To publish manuscript, The Capitol at Richmond, Virginia.

Agreed to December 14, 1936.

Resolved by the House of Delegates, the Senate concurring, That
E. Griffith Dodson, Clerk of the House of Delegates and Keeper
of the Rolls, be, and he is hereby authorized, to have published his
manuscript entitled “The Capitol at Richmond, Virginia,” consisting of
about one hundred pages of typewriting, containing copies of all of
the inscriptions in the Capitol, brief biographical references to the sub-
jects of the several portraits, statues, busts and memorials in the
Capitol, as well as of certain Governors since 17/6 of whom there are
no portraits in the Capitol, and brief references to the objects in the
Capitol Square and the inscriptions thereon, with photographic cuts of
all of the portraits, paintings, statues, busts and memorials in the
Capitol, and photographs of certain Governors, such other information
as may seem pertinent, and an index, in book form, of which 2,000
copies shall be bound in cloth, comparable in binding, paper and print-
ing, to the book entitled “Virginia Born Presidents,” compiled under
the auspices of Governor Pollard, to be paid out of the contingent
fund of the House of Delegates and the Senate by order of the Clerk
of the House of Delegates, approved by THE SPEAKER of the House
of Delegates and the President of the Senate, the cost not to exceed
$2,200.00, said books to be distributed free to the members of the
General Assembly, the State officers, school libraries throughout the
State, members of Congress from Virginia, and otherwise distributed
as the Governor may direct.

HOUSE JOINT RESOLUTION NO. 5.
To publish supplement to Register of General Assembly.

Agreed to December 14, 1936.

~ Resolved by the House of Delegates, the Senate concurring, That
the Clerk of the House of Delegates be, and he is hereby authorized
to compile and have published one thousand copies. of a supplement
E. S. 1936-7] ACTS OF ASSEMBLY 167

to the book entitled “A Register of the General Assembly of Vir-
ginia 1776-1918, and of the Constitutional Conventions,” by Earl G
Swem as Assistant State Librarian, and John W. Williams as Clerk
of the House of Delegates, in like form and binding, said supplement
to cover the period from 1918 to 1938, for free distribution, to be
paid out of the contingent fund of the House of Delegates and the
Senate by order of the Clerk of the House of Delegates, approved by
THE SPEAKER of the House of Delegates and the President of the
Senate.

HOUSE JOINT RESOLUTION NO. 6.
Payment of printing bills.

Agreed to December 14, 1936.

Resolved by the House of Delegates, the Senate concurring, That
the printing bills for this extra session be paid out of the fund ap-
propriated for legislating for the State.

Resolved, further, That the said bills shall be paid out of the said
fund upon bills certified by the Division of Purchase and Printing ap-
proved by the presiding officers of the two houses.

HOUSE JOINT RESOLUTION NO. 3.
To publish with Acts joint resolutions agreed to by both houses.

Agreed to by House, December 14, 1936.
Agreed to by Senate, December 15, 1936.

Resolved by the House of Delegates, the Senate concurring, That
the Clerk of the House of Delegates shall have all joint resolutions
agreed to by both houses, published in the volume with the Acts, and
the Clerk of the Senate and the Clerk of the House shall make a
record in the journals of the House and Senate, of any Acts passed
by both houses, but which fail to become law because not approved
by the Governor.

SENATE JOINT RESOLUTION NO. 0.
Limiting legislation.

Agreed to by Senate, December 14, 1936.
Agreed to by House, December 15, 1936.

Resolved by the Senate, the House of Delegates concurring, That
it this extra session of the General Assembly no bills shall be intro-
luced or considered except such as relate solely to unemployment
‘compensation, and such matters as may be laid before the General
Assembly in writing by the Governor. ,
To confirm appointments of the Governor.
Agreed to December 16, 1936.

Resolved by the House of Delegates, the Senate concurring, That
the General Assembly, each house therein voting separately, confirm
the appointments of the Governor as follows:

J. Frank Wysor of Pulaski, Virginia, to be a member of the State
Highway Commission for the term of four years, beginning July 1,
1936, and ending June 30, 1940; and :

Wade H. Massie of Washington, Virginia, to be a member of the
State Highway Commission for the term of four years, beginning
July 1, 1936, and ending June 30, 1940.

TES

HOUSE JOINT RESOLUTION NO. 8.
Election of Judges.

Agreed to December 16, 1936.

Resolved by the House of Delegates, the Senate concurring, That
the General Assembly shall proceed this day at 1:45 P. M., to the
election of

A Judge of the Corporation Court of the City of Norfolk, to fill
the vacancy caused by the death of Honorable W. H. Sargeant ;

A Judge of the Supreme Court of Appeals of Virginia, to fill the
vacancy caused by the death of Honorable Joseph W. Chinn;

A Judge of the Eleventh Judicial Circuit, to fill the vacancy caused
by the resignation of Honorable C. Vernon Spratley ;

And that, in the execution of the joint order for the election of
the officers named, nominations shall be made for the whole number
named, and that each house shall be notified of said nominations when
the rolls shall be called for each, and when the rolls shall have been
called for the whole number, the presiding officer of each house shall
appoint a committee of two, which together shall constitute a joint
committee to count the joint vote in each case and report the results
to their respective houses.

SENATE JOINT RESOLUTION NO. 1.

Mennorializing Congress for appropriation for Bang’s Disease.
Agreed to December 16, 1936.

Whereas, the Federal program designed to combat Bang’s Disease
in cattle in Virginia has resulted in greatly reducing the prevalence
of said disease, and has proven otherwise extremely beneficial to the
cattle breeding and dairy industries in the State; now, therefore,
E. S. 1936-7] ACTS OF ASSEMBLY 16S

Resolved by the Senate, the House of Delegates concurring, That
the Congress of the United States be, and is hereby, earnestly re-
quested to continue the Federal appropriations for the control of
Bang’s Disease; and, ,

Resolved further, that a copy of this resolution be transmitted by
the Clerk of the Senate to each member of Congress from Virginia.

HOUSE JOINT RESOLUTION NO. 9.
On Henry T. Wickham.

Agreed to December 17, 1936.

Whereas, it has been called to the attention of the General Assem-
bly of Virginia that our beloved Senator, the Honorable Henry T.
Wickham, has this day attained the enviable age of 87 years and on
this day has been married for a period of 51 years;

Now, therefore, Be it resolved by the House of Delegates, the
Senate concurring, That the members of the General Assembly of
Virginia express to Senator and Mrs. Wickham their best wishes for
a long and continued life of happiness and prosperity.

| SENATE JOINT RESOLUTION NO. 2.
For portrait of Nancy Langhorne Astor in the Capitol.

Agreed to December 17, 1936.

Resolved by the Senate, the House of Delegates concurring, That
the Governor of Virginia be, and he is hereby, authorized, without
cost to the Commonwealth, to accept for and on behalf of the Com-
monwealth, and to place in an appropriate location in the Capitol
Building at Richmond, other than in the Senate Chamber, the new
hall of the House of Delegates, or the old hall of the House of Dele-
gates, a portrait of Virginia’s illustrious and well loved daughter, Nancy
Langhorne Astor.

Be it further resolved that before such portrait is accepted it shall
first be submitted to and approved by the Art Commission of Vir-
ginia, which Commission shall likewise approve its proposed location
in the Capitol Building.

HOUSE JOINT RESOLUTION NO. 10.
On Carter Warner Wormeley.
Agreed to December 18, 1936.
Whereas, his many friends in this Special Session of the General

Assembly of Virginia nave sorely missed the gracious presence of their
beloved bard and “Bishop,” Carter Warner Wormeley, and now desire
to express in an appropriate manner their regret at his absence, and
their appreciation of his poetic genius; now, therefore, ,

Be it resolved by the House of Delegates, the Senate concurring,
That we do now bestow upon the said Carter Warner Wormeley, for
the term of his natural life, the high and honorable title of “Poet
Laureate of the Commonwealth of Virginia’; and

Be it further resolved, That the title hereby bestowed shall not
pass to a successor, but shall exist only so long as there is a “Bishop”
Wormeley to honor and adorn it.

HOUSE JOINT RESOLUTION NO. 11.

Memorializing Congress with reference to discriminations against State banks.
Agreed to December 18, 1936.

Whereas, under rulings of the Federal Commissioner of Internal
Revenue, National Banks and State Member Banks of the [ederal
Reserve System have been declared exempt from the provisions of
the Federal Social Security Act; and

Whereas, State Banks in Virginia which are non-members of the
federal Reserve System, are apparently subject to the taxes imposed
by Titles VIII and IX of said Act, thus resulting in a discrimination
in taxation as between the banks operating in this State;

Be it resolved by the House of Delegates, the Senate concurring,
That the Senators and Representatives in Congress from Virginia be
requested and urged to sponsor such amendments to the Federal
Social Security Act as will operate to remove the discrimination in tax-
ation as between banks operating in Virginia and to exempt State
banks, non-members of the Federal Reserve System, from the pay-
ment of taxes imposed by the Social Security Act; and

Resolved, further, That each of the Senators and Representatives
in Congress from Virginia be furnished with copies of this joint reso-
lution by the Clerk of the House of Delegates.

SENATE JOINT RESOLUTION NO. 3.
On Old Age Pensions.

Agreed to December 18, 1936.

Resolved by the Senate, the House of Delegates concurring, That
the Commission created by the General Assembly of Virginia by an
Act approved March 23, 1936, entitled “An Act to create a commission
to determine the probable cost of old age pensions or old age assistance
in Virginia during each year of a ten-year period beginning with the
year, 1938; to prescribe the rights, powers and duties of the said com-
mission; and to appropriate to the said commission the sum of $20,-
000.00; for the purpose of carrying out the provisions of this act,”
shall, in addition to matters therein, consider the question ot an old
age assistance to State employees.

No additional expense shall be placed upon the State of Virginia
as a result of this legislation.

SENATE JOINT RESOLUTION NO. 4.
State Office Building.

Agreed to December 19, 1936.

Resolved by the Senate,.the House of Delegates concurring, That
a commisison shall be appointed to make a study and investigation of the
question of the need for and the advisability of erecting or acquiring an
additional State office building. The commission shall consist of five
members, two of whom shall be appointed by the Lieutenant Governor
from the membership of the Senate, two by the Speaker of the House
of Delegates from the membership of the House of Delegates, and
one of whom shall be appointed by the Governor. The members of
the Commission shall serve without compensation, but shall be paid,
out of the contingent funds of the Senate and House of Delegates
in equal proportions, all necessary traveling and hotel expenses in-
curred by them while engaged in the performance of their duties as
members of the commission.

The Commission shall make such study and investigation with the
end in view of ascertaining, in so far as possible, the need for such
additional State office building; the advisability of purchasing a build-
ing or of acquiring the necessary land for the purpose and erecting a
new building; the probable cost involved in each case; the most suitable
and convenient available building, or location for stich building; and
such other facts relating to the matter as the commission deems proper,
and shall report its findings and recommendations to the Governor at
least thirty days prior to the next regular session of the General As-
sembly.

, HOUSE JOINT RESOLUTION NO. 12.
Extra copies of Unemployment Compensation Act.

Agreed to December 19, 1936.

Resolved by the House of Delegates, the Senate concurring, That
in addition to the 1,000 copies of the Act on Unemployment Compen-
sation (Senate Bill No. 1), ordered by the Clerk of the’ Hotse for
immediate distribution, which is hereby approved, the Clerk of the
House is directed to have printed by the same printer who printed the
original Senate Bill No. 1, 4,000 additional copies of the Act, to be
delivered to the Unemployment Compensation Commission of Virg
as soon as it is organized, and that the cost of the first 1,000 co
be paid out of the contingent funds of: the House and Senate,

that the cost of the additional 4,000 copies, on a pro rata basis,
paid by the Unemployment Compensation Commission of Virginia.

HOUSE JOINT RESOLUTION NO. 13.

As to adjournment. |
Agreed to December 19, 1936.

Resolved by the House of Delegates, the Senate concurring, 7
when the General Assembly adjourns on Saturday, December 19, 1!
it adjourn to meet at 12:00 M., January 11, 1937.

HOUSE JOINT RESOLUTION NO. 14.

Extra Compensation.

Agreed to December 19, 1936.

Resolved by the House of Delegates, the Senate concurring,
there be paid from the contingent fund of the General Assembl:
each stenographer employed in the Division of Statutory Rese;
and Drafting, the sum of $50.00, excepting Mrs. Lamm and Mr. L
ley, who shall be paid the sum of $100.00 each.

HOUSE JOINT RESOLUTION NO. 15.

Extra Compensation to certain employees.
Agreed to December 19, 1936.

Resolved by the House of Delegates, the Senate concurring, *
the following employees be granted additional compensation, pay
out of the contingent fund of the General Assembly, one-half by
House of Delegates, and one-half by the Senate, namely:

The four elevator operators, each...............22...22.0.2000--+- $10.00
The four policemen in active duty in the Capitol

Square, €ach -2.......2...2.cc2secceeeeceecc cence eeeeeeeeceeeceeeeeeseeeeneees 10.00
The two janitors on each of the floors of the House

and Senate, each... cee... cee eeeeceeeeeeccececeececeeeeeeeeeeeeeeeeeeee 10.00
The three firemen, each... eeeeeeeeecceeecceeeeeteeeeeeeeeees 10.00

The seven engineers, each.................2-:cs-cceeceeeeeseseeeceeceetaee 10.00
HOUSE JOINT RESOLUTION NO. 16.

Committee to notify Governor as to adjournment sine die.
Agreed to January 11, 1937.

Resolved by the House of Delegates, the Senate concurring, That
a committee of three on the part of the House and two on the part of
the Senate, be appointed to inform the Governor that the General
Assembly is ready to adjourn sine die, and to inquire if he has any
communications to make.

I, E. Griffith Dodson, Clerk of the House of Delegates, of Virginia,
do hereby certify that the extra session of the General Assembly of
Virginia at which the Acts of Assembly herein printed were enacted,
adjourned sine die on January eleventh, nineteen hundred and thirty-
seven.

E. GRIFFITH Dopson,
Clerk of the House of Delegates.