Chap. 397.—An ACT to provide a new charter for the city of Martinsville, Vir-
ginia, and to repeal all acts and parts of acts in conflict with this act.
[H B 289]
Approved March 30, 1936

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

CHAPTER I

Section 1. (a) The inhabitants of the city of Martinsville, as its
limits now are, or may be hereafter established, shall continue to be a
body corporate and politic, and as such, shall have, and may exercise,
all powers which are now, or may be hereafter, conferred upon or
delegated to cities of its class, 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.

(b) The metes and bounds of the said city, as its limits now are,
are as follows, to-wit:

Beginning at the southeast corner of Sallie C. Booker’s lot on
the north side of east Church street, formerly Danville turnpike, thence
bearings revised to date south seventeen degrees west five thousand
five hundred ninety-three feet to a point on the south side of Thomas
Spring branch, formerly called a poplar tree; thence north seventy-
eight degrees west seven thousand seven hundred and thirty-three feet
to a point on the north bank of Doe Run creek, in the west line of
First street produced, as shown by Bryant’s survey and map; thence
with the west line of First street, produced, north one degree thirty
minutes east thirty-six hundred feet, more or less, to the north line
of Fayette street, formerly Wallers Ford road; thence with the north
line of Fayette street, formerly Wallers Ford road, north sixty-one
degrees east one hundred thirty-five feet, north forty-five degrees east
one hundred fifty-three and three-tenths feet, north forty-four degrees
east two hundred thirty-five feet, plus forty-five feet equals two hun-
dred eighty feet; north thirty-five degrees east one hundred thirty-two
feet, north thirty-one degrees east one hundred five feet, north
twenty-three degrees east five hundred twelve feet, north fifty degrees
forty-five minutes east three hundred twenty-five feet, north eighty-two
degrees east three hundred thirty feet, north seventy-four degrees east
ninety-six feet, north fifty-two degrees east four hundred seventy and
six-tenths feet, north sixty-four degrees east six hundred ninety feet,
thence off north fifty-four degrees east two hundred ninety-eight feet
to a point on the north side of Armistead avenue, formerly Jones path;
thence north sixty-three degrees east two thousand one hundred twenty
feet to Franklin street, west side; thence along the west side of
Franklin street, north fourteen degrees thirty minutes west three hun-
dred fifty-four feet, north six degrees thirty minutes east three hun-
dred eighty feet, north sixty-seven degrees west two hundred sixty-six
feet, north fifty-one degrees thirty minutes west six hundred forty
feet to a point in the old Franklin road; thence north seventeen degrees
west four hundred feet, north twelve degrees west two hundrd thirty-
eight feet, north thirty-nine degrees west three hundred feet to Jones
creek; thence up Jones creek north seventy-one degrees east eight
hundred eighty-five feet to its confluence with Lester’s branch, formerly
known as Poplar Spring branch; thence up said branch as it meanders
south fifty-three degrees east three hundred seventeen feet, south nine-
teen degrees forty-five minutes east fifteen hundred feet, south thirty
degrees thirty minutes east four hundred eighty feet; thence con-
tinuing up said branch five thousand one hundred sixty feet to mile post
number forty-two on Danville and Western Railroad; thence south
eighteen degrees east nine hundred feet more or less to the place of
beginning, at the southeast corner of Sallie C. Booker’s lot on the
north side of east Church street.

Section 2. The administration and government of the said city shall
be vested in the council of the city of Martinsville, and in such other
boards and officers as are hereinafter mentioned, or may be by law
otherwise provided.

Section 3. The council shall be a body politic and corporate, by the
name of the “city of Martinsville,” shall have perpetual succession and
a seal, and by that name may sue and be sued, and plead and be
impleaded.

Section 4. The council shall appoint a trial justice for the said
city who shall serve for four years from the date of his appointment
and until his successor is appointed by the council and qualifies. The
mayor, or any other qualified voter of the city of Martinsville whom
the council deems qualified, may be appointed by it as such trial
justice. If the mayor is appointed as trial justice, he shall discharge
such duties as the trial justice of the city under this charter and not
as the mayor of the city, in addition to the execution of the duties
of mayor imposed upon him by this charter; and his powers, duties,
authority and jurisdiction as such trial justice shall be as hereinafter
provided for the trial justice. Should the mayor be appointed trial
justice, he shall receive the salary of mayor provided by the council
for the discharge of his duties as mayor as well as such salary of
trial justice as may be provided by the council, if any.

Said trial justice is‘ hereby vested with all the power, authority
and jurisdiction and charged with all the duties within and for the
city of Martinsville, and in criminal matters for one mile beyond the
corporate limits thereof, which are, or may hereafter be, conferred
upon trial justices by the laws of the State of Virginia, so far as the
same may be applicable and not in conflict with the provisions of this
charter; and any amendments of the trial justice laws of this State
shall be considered as amendments also of this section of this charter,
if the same are applicable hereto.

Fees and costs shall be assessed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereafter amended.
All fees and costs collected by the said trial justice and all fines collected
for violations of all laws and ordinances of the city shall be paid into
the city treasury for the use and benefit of the city.

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of Henry County in the
same manner, upon the same terms and shall be tried in the same
way as removals, or as appeals from the decision of trial justices, as
the case may be, are provided to be taken and tried by the laws of the
State of Virginia, relating to trial justices as the same shall now be
or as hereafter amended.

The council of said city shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council
shall deem proper, and the council may provide also for a vacation
period, either with or without pay, and for such duration, as in the
judgment of the council may be proper.

Like provisions may be made for a substitute justice, and when
such substitute acts, he shall receive the compensation which would
have been paid him had the principal acted, and which compensation
shall be deducted from the salary or allowance made to the principal.

Nothing contained herein shall prevent the city of Martinsville
from combining with the county of Henry for the use of one trial
justice and one substitute trial justice for such combined city and
county, in such manner as may be provided by the laws of the State
of Virginia relating to trial justices; and if the city of Martinsville
and county of Henry shall at any time combine for the use of one
trial justice and one substitute trial justice for the said city and the
said county, the laws of the State of Virginia relating to trial justices,
so far as applicable, shall control and not this section of this charter ;
provided, however, that the combination of the said city with the said
county for the use of one trial justice and one substitute trial justice
shall not prevent the council of the city at any time thereafter it shall
desire so to do from withdrawing the city of Martinsville from such
combination by a vote of the council and appointing a trial justice and
a substitute trial justice for the city of Martinsville under the provisions
of this charter, notwithstanding anything in the trial justice laws
of Virginia to the contrary.

Section 5. The municipal officers of said city shall, beginning
September first, nineteen hundred and thirty-six and thereafter, consist
of a mayor, eight councilmen, a city sergeant, a commissioner of the
revenue, and a city treasurer, elected by the qualified voters of said
city, and a sheriff, an attorney for the Commonwealth, and a clerk
of the circuit court of Henry county, elected conjointly for the city
of Martinsville and the county of Henry, by the qualified voters of
said county and city, and such additional officers as are herein pro-
vided for or may be provided for by the council.

Section 6. 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 7. The present mayor, sergeant, commissioner of the reve-
nue, and city treasurer of the city shall continue in office until the
expiration of the terms for which they were respectively elected. The
terms of the four councilmen holding office upon the effective date
of this charter which expire on the first day of September, nineteen
hundred and thirty-eight, shall continue until the expiration thereof ;
and at an election to be held on the second Tuesday in June, nineteen _
hundred and thirty-six, four councilmen shall be elected whose terms
of office shall begin on September first, nineteen hundred and thirty-six,
and who shall serve for two years from September first, nineteen hun-
dred and thirty-six and until their successors shall have been elected
and qualified. At an election to be held on the second Tuesday in
June, nineteen hundred and thirty-eight, eight councilmen shall be
elected whose terms of office shall begin on September first, nineteen
hundred and thirty-eight, and they shall serve for two years from
September first, nineteen hundred and thirty-eight, and until their suc-
cessors shall have been elected and qualified; and the successors of
each of said councilmen shall be elected at elections to be held at the
time and in the manner provided by general law and they shall serve
for a term of two years and until their successors shall have been
elected and shall have qualified, such elections to be held at the time
and in the manner provided by general law.

The mayor, sergeant, commissioner of the revenue, and city treas-
urer shall be elected at the time, in the manner and for the term
provided by law.

The council may fill any vacancy that may occur in said council,
or in the office of sergeant, for any unexpired term.

ach member of the city council shall receive five dollars for each
regular or special meeting he attends, provided however that the
annual compensation paid to any councilman shall not exceed three
hundred dollars for his services as such.

Section 8. The supervision of the public schools in the city shall
be vested in a school board composed of not less than three nor more
than five members, appointed by the council. Vacancies on the said
board shall be filled by the council.

Section 9. All municipal officers of the city, 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 city 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
Mayor and Vice-Mayor

Section 10. The mayor shall preside at the meetings of the council
and perform such other duties as may be prescribed by this charter
or as may be imposed by the council, consistent with his office. He
shall have no power of veto. He shall be recognized as the official
head of the city for all ceremonial purposes, by the courts for the
purpose of serving civil process, and by the Governor for military
purposes. In time of public danger or emergency he may take com-
mand 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.

Except as provided in section seventy-three, chapter eleven of this
charter, the mayor shall have no power to suspend, remove or dis-
charge any officer, agent or employee of the city nor shall he have any
power or authority to appoint or employ any officer, agent or employee
of the city 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 city.

The council shall provide for a salary to be paid the mayor for his
services as such, which salary shall not exceed the sum of six hundred
dollars per annum.

Section 11. The council shall at its first meeting in September, nine-
teen hundred and thirty-six, and biennially thereafter following the
regular municipal election, choose one of its members as vice-mayor.
The vice-mayor shall perform the duties of the mayor during his
absense or disability. In the event of the death, removal or resigna-
tion of the mayor, the council shall choose one of the councilmen or
some other qualified voter of the city of Martinsville 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 city of
Martinsville to fill the office of mayor for the remainder of the un-
expired 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 seven hereof,

CHAPTER III
The Council

Section 12. The council of the city shall be composed of eight
members. They shall be elected by the popular vote of the qualified
voters of the city.

Section 13. 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 are unanimous.
The meetings of the council shall be open to the public, except when
the public welfare shall require executive sessions.

lf 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 unex-
pired term shall be filled according to the provisions of this act.

Section 14. The council shall appoint a clerk to serve at the will
of the council, and shall have authority to adopt rules and appoint
such officers and committees as they may deem proper for the regula-
tions 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 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 15. A majority of the members of the council shall con-
stitute a quorum for the transaction of business; but 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 five members. No vote or question decided at a stated meet-
ing shall be reconsidered at a special meeting unless all members are
present and six of them concur.

CHAPTER IV
City Superintendent

Section 16. The council shall appoint a city superintendent, who
shall be the chief administrative officer of the city. The superintendent
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 city or the State. No member of the council shall, during
the time for which elected, be chosen as city superintendent. The
superintendent shall be appointed for an indefinite term, but shall be
removable at the pleasure of the council. Before the superintendent
may be removed he shall, if he so demand, be given a written state-
ment 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 pending and during such hearing the
council may suspend him from office. The action of the council in
suspending or removing the superintendent 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 superintendent, the council may designate some
qualified person to perform the duties of the office during such absence
or disability.

Section 17. (a) The city superintendent shall be responsible to
the council for the proper administration of all affairs of the city
placed in his charge by the council and shall perform such duties and
have such powers and authority as the council may from time to time
confer upon him by resolution or ordinance, or which may be con-
ferred upon him by this charter.

Section 17. (b) Except as otherwise provided in this charter, the
city superintendent, subject to the consent of the city 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 departments of the city committed to him by ordinance, in all
of their respective details, in an economical and satisfactory manner.
The salaries and terms of office or employment of such officers, em-
ployees and assistants shall be fixed by the city superintendent subject
to the approval of the city council. His action in all respects shall be
subject to review by the council and he shall be accountable to the
city council only.

CHAPTER V

Powers of Council

Section 18. The council of the city shall have general power over
all officers and employees of the city as provided in this charter.

Section 19. The council of the city shall have, subject to the
provisions of this act, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and personal,
belonging to said city, and may make such ordinances and by-laws re-
lating to the same as they shall deem proper. The council shall in
addition to other powers given by law, have power to make such
ordinances, 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 city, provide for the
appointment of proper officers therefor, prescribe the time and places
for holding the market, provide suitable grounds and buildings there-
for, and enforce such regulations as shall be necessary and proper to
prevent huckstering, forestalling, or regrating.

Second. To erect and keep in order all public buildings necessary
and proper for the city, to erect and maintain either within or without
the city, a city prison or prison farm, or both, for the safekeeping of
all persons who may be confined therein, and to establish a prisoner
labor force and require offenders to work thereon.

Third. To establish, maintain, and operate waterworks and sewer
systems within and without the city; to contract and agree with the
owners of any land for the use of and purchase thereof, or have same
condemned according to law, for the location, extension, or enlargement
of the said works, the pipes connected therewith, and the fixtures or
appurtenances thereof; and to protect from injury by ordinance, pre-
scribing adequate penalties, the said works, pipes, fixtures, and land,
or anything connected therewith, whether within or without the limits
of the said city.

Fourth. To open, extend, widen, or narrow, lay out, graduate, curb,
and pave, and otherwise improve streets, sidewalks, and public alleys
in said city, and have them kept in good order and properly lighted ;
in order to properly light the streets of said city, 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, sidewalk, or alley in
said city, and may permit shade trees to be planted along said streets ;
but no person shall occupy with his works, or any appurtenances
thereof, the streets, sidewalks, or alleys of the city, without the consent
of the council, duly entered upon its records.

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

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

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

[ighth. 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 city, with the
ee authority for the prompt and efficient performance of its

uties.

Ninth. To require and compel the abatement and removal of all
nuisances within the said city, at the expense of the person or persons
causing the same, or the owner or owners of the ground whereon the
same shall be; to regulate or prevent slaughter-houses, soap factories,

candle factories within the city, 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 city, and to restrain and regulate
the speed of locomotive engines and cars upon the railroads within
the city.

Tenth. If any ground in said city 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 city authori-
ties or their agents, or by natural causes beyond the control of the
owner or occupant, in which case the city 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 city are authorized
to be collected; provided, that reasonable notice and an opportunity
to be heard shall be first given to said owners or their agents. In case
of nonresident owners who have no agent in said city, 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 city.

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

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

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,
dangerous or annoying to persons; and to prohibit and punish the
abuse or cruel treatment of horses and other animals in said city.

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 exhibi-
tions in said city.

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

Sixteenth. To acquire, by condemnation, purchase or otherwise,
provide for, maintain, operate and protect aircraft landing fields either
within or without the corporate limits of the city.
Seventeenth. To do all things whatsoever necessary or expedient
for promoting or maintaining the general welfare, comfort, education,
morals, peace, government, health, trade, commerce and industries of
the city, or its inhabitants, not in conflict with the general laws of
Virginia and the Constitution of the State.

Eighteenth. To own, operate and maintain electric light and/or
gas works, either within or without the corporate limits of the said
city 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
city, to its customers and consumers both within and without the
corporate limits of the said city, 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.

Nineteenth. To establish, impose and enforce water, light and
sewerage rates and rates and charges for public utilities, or other
service, products or conveniences, operated, rendered or furnished by
the city; and to assess, or cause to be assessed, water, light and sewer-
age 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 be such ordinance prescribe, before furnishing any
of said services to any person, firm or corporation.

Twentieth. 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.

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

Section 20. The council is empowered to acquire 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
inconsistent with the laws of the State for the use, protection, and
ornamentation 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 con-
ditions 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 21. The council shall set aside, or cause to be set aside, a
sufficient portion of the revenues of the city during each fiscal year to
meet the sinking fund requirements for that year of the respective
city ordinances, both those now in effect and such as may be passed
in the future, authorizing the issuance of bonds by the city. 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 city shall be administered by the board of sinking fund commis-
sioners created by section twenty-six of this charter who shall collect,
maintain and handle the same in the manner provided by section twenty-
six hereof. None of the sinking funds of the city shall be appro-
priated or used for any purpose other than the retirement of the
bonded indebtedness of the city.

Section 22. 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 city for a term
not exceeding ninety days, which penalties may be prosecuted and
recovered with costs in the name of the city of Martinsville, or shall
compel them to work on the streets or other public improvements of
the said city. The council shall also have the right to establish prisoner
labor force in which they may require persons convicted of violations of
city ordinances, to work on the streets and other public grounds of the
city, and the further right to deal with the State for the use and
employment of persons convicted of violations of State laws.

Section 23. The city council shall not take or use any private
property for streets or other public purposes without making the owner
thereof just compensation for the same; but in cases where the council
cannot by agreement obtain title to the ground for such purposes, the
council may exercise the power of eminent domain, as provided by law.

Section 24. In every case where a street in said city 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 herein-
after empowered to collect taxes.

Except, in case where there is a bona fide dispute as to the true
boundary line or the location of the true street line (and if such passage
over such street is not seriously impeded) the same shall be first
established and determined by an adjudication of a court of competent
jurisdiction in a proceeding instituted by either the city or the property
owner for that purpose before the said city 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 city.

Section 25. Dedication of any street, alley or lane in said city
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 city, by a plan or plot 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 26. Whenever by act of the Assembly or by ordinance of
the council, the necessity of collecting, maintaining and handling a sink-
ing fund for the retirement of city obligations may arise, the mayor,
the vice-mayor, and the city treasurer shall be, and the same are hereby,
constituted a board of sinking fund commissioners, who are authorized
to invest such sinking funds in bonds of the United States govern-
ment, those of the city of Martinsville, 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
city 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
sinking fund commissioners shall each give bond payable to the city
of Martinsville 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 27. The council may appoint, 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 council, in such
penalty as it may deem proper payable to the city, with condition for
the faithful discharge by the said officer of the duties of his office.

Section 28. 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 city. He shall keep all papers that by
the provisions of this act, or the direction of the council, are required
to be filed with or kept by him. Immediately after the close of each
session of the city council, he shall make and present to the mayor and
city superintendent 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 city council at such session. He shall, in like manner,
give notice to all persons presenting communications or petitions to
the city council of the final action of the council on such communica-
tions or petitions. He shall publish such reports and ordinances as the
city 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 29. In addition to all the other powers mentioned in this
charter, the city shall have power to raise annually by taxes and
assessments in said city on all subjects the taxation of which by cities
is not forbidden by general law, such sums of money as the council
herein provided for shall deem necessary for the purposes of said city,
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;
provided, however, that said tax shall not exceed the sum of two dol-
lars and twenty-five cents on the hundred dollars of assessed value of
real and personal property subject to taxation by the city.

Section 30. The city council may levy a tax or a license on any
person, firm, or corporation conducting any business, employment or
profession whatsoever in this city, except when prohibited by general
law, whether a license may be required therefor by the State or not,
and may exceed the State license, if any be required.

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 city, licenses for the privilege of operating such vehicles
in the city, such licenses to be issued and the fees therefor fixed by
the council.

Section 33, All goods and chattels wheresoever found, may be dis-
trained 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. There shall be a lien on real estate for the city taxes as
assessed thereon from the commencement of the year for which they
were assessed. The council may require real estate in the city delin-
quent for the non-payment of city 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 city upon the same terms
and conditions prescribed by general law, for the purchase of delin-
quent real estate by the treasurer for the benefit of a city or town,
respectively.

Section 35. The city council may create and maintain a fire depart-
ment for the city 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 city for fire
hazards, and have corrected any situation tending to create a fire
hazard, when ordered so to do by the council or the city superintendent.
The employees of the fire department shall have special police powers
when responding to alarms of fire and when making inspections for
fire hazards. The city council may provide and maintain all necessary
fire fighting apparatus, equipment, and alarm systems, and make such
ordinances as it may deem proper and necessary to extinguish and pre-
vent fire, to regulate the operation of the fire department, and may
require citizens to render assistance to the fire department in case
of need.

Section 36. For the purpose of guarding against the calamities of
fires, the city council may, from time to time, designate such portions
and parts of the city 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 city 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 ordi-
nance, divide the city 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 city.

Section 37. 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.

CHAPTER VI
City Officers

Section 38. The city council shall grant and pay to all city officers
such salaries or compensation, if any, as the said council may from
time to time deem just and proper, or shall be fixed by this act, except
as such salaries or compensation may be fixed by general law.

Section 39. If any person, having been an officer of such city, shall
not within ten days after he shall have vacated, or been removed from
office, and upon notification or request of the clerk of the council, or
within such time thereafter as the city council shall allow, deliver over
to his successor in office all property, books, and papers belonging to
the city, or appertaining to such office in his possession or under his
control, he shall forfeit and pay to the city the sum of five hundred
dollars, to be sued for 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 order of the city council, or any superior
officer of the said city, shall be deemed the property of the said city
and appertaining to said office, and the chief officer thereof shall be
responsible therefor.

Section 40. The sergeant of the city may be a member of the police
force of said city, in the discretion of the city council. The council-
men, sergeant, policemen, and the trial justice, in criminal and police
matters, shall have jurisdiction for one mile from the corporate limits
of the said city.

Section 41. The city council may combine officers where not ex-
pressly prohibited, excepting that the assessing and collecting officers
shall not be the same person.

Section 42. The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of
levying taxes that may be ordered by the city council, and such other
duties as the council may prescribe or direct. He shall keep his office
in some convenient place in the city, and shall keep therein such books,
schedules, and records, and in such manner as the city council may
direct and prescribe, which books, records, and other papers shall be
subject to the inspection and examination of the members of the city
council, or any committee thereof, and of the collector of city taxes.
He shall receive for his services the compensation allowed by law.
The commissioner of the revenue, in ascertaining the value of real
property taxable in said city, shall assess the same as required by law.

Section 43. All officers hereafter elected under this act, shall be
elected at the times and for the terms, as hereinbefore provided, and
shall enter upon the discharge of their duties, in accordance with the
provisions of the general laws of this State concerning city officers.

Section 44, The jailor of the city of Martinsville, or the person
in charge of the prison or prison farm of said city is authorized to
receive into said jail, prison, or prison farm without mittimus or
warrant all persons apprehended by the sergeant or any police officer
of said city for violation of the rules, regulations, by-laws, or ordi-
nances, or for disturbing the peace of the said city, and shall be author-
ized to retain such persons in his custody until ten o’clock the following
morning, at which time they shall be discharged unless regularly com-
mitted to his custody by a mittimus or warrant, in which case the
officer so receiving said party shall be entitled to the fees provided to
be paid when a person is committed under a warrant or mittimus of a
justice of the peace.

Section 45. The city of Martinsville 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.

CHAPTER VII

City Treasurer

Section 46. The city treasurer shall, before entering upon the duties
of his office, give bond with sufficient surety to be approved by the
council, in the penalty of such amount as may be fixed by the council
from time to time, payable to the city of Martinsville, conditioned for
the true and faithful performance of the duties of his office. The treas-
urer shall be responsible for the collection of all taxes, licenses and
levies except charges for services furnished by the public utilities of
the city. He shall be personally responsible to the city for the conduct
of his office. He shall have sole authority to appoint or employ and
to remove or discharge such deputies, employees and assistants as he
may deem necessary to carry on the work in his department and he may
fix their duties, terms of office and compensation, except such as are
fixed by general law. Delinquent taxes and levies shall be transferred
from the treasurer’s hands into the hands of the city collector after
payment thereof has become delinquent. The council shall have author-
ity to place in the hands of the city collector the collection of any 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 47. The city treasurer shall receive all moneys belonging
to the city which it is his duty to collect from persons owing the same
to the city, or which it is the duty of other officers of the city to collect
and pay over to him, and pay the same out as the ordinances of the
city 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 city.

Section 48. The funds of the city shall be deposited by the
treasurer in such bank or banks as the council may direct, and such
bank or banks shall give bond in such sum or sums as the council shall
fix. He shall keep books showing accurately the state of his accounts
and the money of the city shall be kept distinct and separate from his
own money and he is hereby expressly prohibited from using directly
or indirectly the city’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 subject him to
immediate removal from office.

Section 49. The books and accounts of the city treasurer and all
papers relating to the accounts and transactions of the city, shall be
at all times subject to the inspection of the mayor, the city 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 50. The city 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
city council may direct.

Section 51. The city treasurer shall annually submit to the city
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 52. All taxes, levies or other sums of money of what-
ever nature received by the city treasurer belonging to the city of
Martinsville, shall be credited by the treasurer on his books to the
city of Martinsville and shall be paid out by him only on a warrant
of the clerk of the council, countersigned by the mayor.

Section 53. The treasurer shall keep a separate account of each
fund and appropriation and the debits and credits belonging therto;
provided however, that the council shall have the right to require all
city funds to be deposited to the credit of the city and may prescribe
by resolution or ordinance such other method of disbursement as it
shall from time to time deem proper.

Section 54. 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 55. 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 56. The city treasurer shall receive for his services the
compensation allowed by law.

CHAPTER VIII
City Collector

Section 57. The council may appoint a city collector, and may
define his term of office, powers, duties and compensation and may
require such bond to the city, with security to be approved by the
council, conditioned to secure the faithful discharge of his duties to the
city, in such penalty as the council shall deem proper.

Section 58. Subject to the consent of the city council, the city
collector may appoint such deputies and such other employees and
assistants as may be necessary to carry on the work in his depart-
ment in all of its details in an economical and satisfactory manner.
The salaries of such deputies, employees and assistants shall be fixed
by the city council.

Section 59. The city collector, his deputies, employees and assist-
ants, shall at all times be subject to removal by the council.

CHAPTER IX
City Planning

Section 60. The council may adopt a city plan, showing the streets,
highways, and parks heretofore laid out, adopted, and established, and
such city 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 city plan is hereby declared to be established for
the promotion of the health, safety, and general welfare. Upon the
adoption of the city 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 city plan or amendment.

Section 61. The council is hereby authorized to appoint a city
planning commission, fix the 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 pro-
visions of this act.

Section 62. The council may at any time, after a public hearing,
amend the city 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 city plan, the council shall refer the proposed amendment to the
city planning commission for a report thereon, and shall not act on
such amendment until a report has been received from said commis-
sion, unless a period of thirty days has elapsed after the date of ref-
erence to the commission. Any amendment of the city plan, upon its
adoption by the council, shall be final unless changed as herein pro-
vided as to the location, length, and width of any street and highway,
and the location and dimensions of any park. Any widening, relocat-
ing, 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 city plan, and shall be subject in all re-
spects to the provisions of this chapter.

Section 63. No plat showing a new street or highway within the
city, shall be filed or recorded in the office of the clerk of the city 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 city
planning commission for a report, and shall not act on any plat so
referred until a report has been received from the commission, unless
a period of forty-five days has elapsed after the date of reference to
the commission. Before reporting to the council on any plat, the
commission shall hold a public hearing thereon. If any plat is dis-
approved by the commission, it shall report the reasons for such dis-
approval 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 high-
ways; 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 pub-
lic use. After a plat has been approved by the council, the streets,
highways, parks, and other open spaces shall be a part of the city plan.
The council, after a public hearing, may adopt general regulations in
regard to the filing of plats.

Section 63. (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 reference 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 city.

Section 63. (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 city of
Martinsville 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 city of Martinsville by reason of establishing proper grade
lines on and along such streets and alleys and by reason of doing neces-
sary grading or filling for the purpose of placing such streets and alleys
upon the proper grade and releasing the city of Martinsville 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 Henry 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 city, and the council may, in its discre-
tion, require such release and waiver to be made with reference thereto.

Section 63. (c) Before approving any such plat of any subdi-
vision of lots or lands the city 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.

Section 64. 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 city plan, within the city. 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 ten hereof,
by a majority vote of all its members, may issue a permit for a build-
ing within the street line of such street or highway, upon such con-
ditions 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 pub-
lic and the integrity of the city plan. The board of appeals, herein-
after 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 sub-
ject to the same court review as provided for zoning decisions of the
board,
Section 65. No public sewer, water pipe, or other public utility
shall be laid and no grading or paving shall be done by the city in any
street or highway in the city, unless such street or highway has been
placed upon the city plan by the council. No permit shall be issued
for any building in the city, unless such building is located adjacent
to a street or highway which has been placed upon the city plan by
the council. Provided, however, where the literal enforcement of the
provisions of this section would result in practical difficulty or unnec-
essary 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 city plan and to insure the
proper location of future streets and highways in the city 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 X
Zoning

Section 66. 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 city council is hereby empowered
to pass zoning ordinances in comformity with the said act, as amended,
subject, however, to the following modifications thereto:

(a) For any or all of the aforesaid purposes, the council may
divide the city.

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

(c) 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 own-
ers of twenty per centum or more of the area of the land imme-
diately 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 city 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.

(d) Within thirty days after the adoption of any zoning ordi-
nance and map, the council shall appoint a board of appeals, consist-
ing of five members, none of whom shall hold any other positions with
the city.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expira-
tion 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 XI

Police Commission

Section 67. Within thirty days after the effective date of this
charter, there shall be created a board of police commissioners for the
city of Martinsville with the powers and duties hereinafter set forth
and with such additional powers and duties as may be conferred or
imposed upon them by the council of the city. The board of police
commissioners shall consist of the mayor and two other persons who
shall be qualified voters of the said city and who shall be appointed
from the city at large by the council. No member of the council shall
be appointed to the board of police commissioners during the term of
his office as councilman. The mayor shall be the executive chairman
of the board of police commissioners and as such shall have the
power and authority imposed upon him by section seventy-three of the
charter.

Section 68. The said board of police commissioners shall take an
oath of office before some person qualified to administer oaths under
the laws of the State of Virginia for the full and faithful discharge
of their office as such, and they shall as soon as practicable meet at
the office of the mayor or at some other suitable place in the city
selected by them and organize by the election of one of their members
as secretary.

Section 69. The council shall by ordinance fix the terms of office
of the two members of the board of police commissioners thereof
appointed by the council and shall provide for such compensation to
be paid them for their services as such as the council shall deem
proper, if any.

Section 70. Two members of the board of police commissioners
shall constitute a quorum, Any matter requiring the decision or
exercise of judgment by the said board of police commissioners shall
be decided only upon the concurrent vote of at least two members of
the said board. The board shall keep minutes of its meetings and
deliberations which shall at all times be open to the inspection of the
council.

Section 71. The police force shall be under the control of the
board of police commissioners for the purpose of enforcing peace and
order, and executing the laws of the State and ordinances of the city.
They shall also perform such other duties as the council may pre-
scribe. For the purpose of enabling them to execute their duties and
powers, each policeman is hereby made 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 State, may be necessary to
enable him to discharge the duties of his office. The pay, uniform,
rules and regulations for said police shall be prescribed by the board of
police commissioners. The board of police commissioners shall have
sole and exclusive authority to employ or appoint and to remove or
discharge the policemen of the city, but the board of police commis-
sioners shall not increase or decrease the number of officers and men
in the police department except upon express authority of the council.

Section 72. The exercise by the police commission of all its powers
and authority shall be subject to review by the council and shall be
executed in accordance with the ordinances of the city council.

Section 73. The mayor as executive chairman of the board of
police commissioners shall act for the said board in supervising and
administering the police department and it shall be his duty for and on
behalf of the said board to ascertain and to require that the members
and officers of the police department faithfully and efficiently perform
their duties. He is hereby empowered to suspend from office any
officer or member of the police department who in his opinion is not
faithfully and efficiently discharging the duties of his office, and such
suspended officer or member of the police department shall have the
right to have his suspension reviewed by the board of police commis-
sioners but he shall receive no compensation from the date of his sus-
pension by the executive chairman of the board of police commission-
ers unless the action of the chairman in suspending him is disapproved
by a majority of the members of the board. The board shall review
such suspension within ten days after the effective date thereof. The
executive chairman of the board is hereby empowered to appoint and
to qualify additional officers and members of the police department
when in his opinion the same is necessary for the public welfare and
to fix their compensation as such; and he is further empowered to act
for and on behalf of the board of police commissioners in times of
emergency or at any other times when it is not possible or expedient
to assemble the members thereof to act as the board. All acts of the
executive chairman of the board of police commissioners and _ his
execution of all duties and powers hereby conferred upon him shall
be subject to review and the approval or disapproval of a majority of
the whole board of police commissioners and of the council of the city
of Martinsville.
CHAPTER XII

Section 74. The plan of government provided by this charter may
be changed to any other plans provided for government of cities of
the second class at any time by the submission of such proposed
change to a special election in the manner provided by general law
for the submission of the same.

Section 75. Nothing in this act shall authorize any ordinance in
conflict with any provisions of the Virginia Alcoholic Beverage Con-
trol Act. :

Section 76. The city shall not levy any tax which is prohibited by
the Constitution of Virginia or by general law.

Section 77. All acts and parts of acts in conflict with any of the
provisions of this act are hereby repealed.

Section 78. It being desirable to put into operation certain pro-
visions of this charter without delay, an emergency is declared to
exist and this act shall be in force and effect from and after the date
of its passage.