Chap. 352.—An ACT to amend and re-enact Sections 4, 5 and 10 of Chapter
294 of the Acts of Assembly of 1849, entitled “An act to extend the limits
of and provide for electing trustees for, the town of Marion in the county
of Smyth, and vesting them with certain corporate powers”, passed March
15, 1849, as heretofore amended, and to amend the said act by adding thereto
a new section numbered 9-a, authorizing the council of the said town to
appoint a town manager, and prescribing the powers and duties of such
manager when appointed. , [H B 355]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions four, five and ten of chapter two hundred and ninety-four of the
Acts of Assembly of eighteen hundred and forty-nine, entitled an act
to extend the limits of, and provide for electing trustees for, the town
of Marion in the county of Smyth, and vesting them with certain cor-
porate powers, passed March fifteenth, eighteen hundred and forty-nine,
as heretofore amended, be amended and re-enacted, and that the said
act be further amended by adding thereto a new section numbered
nine-a, which amended and new sections shall read as follows:

Section 4. Mayor.—(1) The mayor of the town shall be elected
by the qualified electors of the town on the second: Tuesday in June,
nineteen hundred and twenty, and each two years thereafter.

(2) The mayor shall be the chief executive officer of the town,
and it shall be his duty to see that all the by-laws and ordinances of
the town are obeyed and complied with. He shall be ex-officio jus-
tice of the peace for Smyth county, and shall have jurisdiction of all
violations of law in Smyth county and the town of Marion which a
justice of the peace has. For warrants issued by him as mayor or as
justice, and for trials of civil and criminal cases he shall be allowed fees
as prescribed by general law. oo ,

(3) He shall not collect any fines imposed by him as mayor, but
the same shall be collected by the sergeants and collector as hereinafter
provided. The mayor shall report to each meeting of the council an
itemized list of all fines imposed by him during the preceding calendar
month.

(4) Every ordinance or resolution having the effect of an ordi-
nance, shall, before it becomes operative, be presented to the mayor.
If he approves, he shall sign the same, when it shall become valid. If
he does not approve it, he shall return it to the recorder, who shall
present it to the council at its next meeting, together with the written
objections of the mayor, when the council shall proceed to reconsider it.
If after such reconsideration, two-thirds of the members elected. to the
council shall agree to pass the same, it shall become operative notwith-
standing the veto of the mayor. The said ordinances shall be presented
to the mayor within five days after they shall have been passed, and if
any ordinance shall not be returned by the mayor to the recorder, Sun-
days excepted, within five days, it shall become a law in like manner
as if he had signed it.

(5) The mayor shall see that the duties of the various officers,
members of the police force, fire department, and other departments of
the town are faithfully carried out.

(6) The mayor shall at all times have access to all the books and
records of the town.

(7) The mayor shall make such written recommendations to the
town council in regard to the affairs of the town as he may think proper.

(8) The mayor may be removed from office by the town council,
two-thirds of the members elected thereto voting in the affirmative, for
misfeasance, malfeasance, or gross neglect of his official duty, but he
shall not be removed until notice of the charges against him are given,
and a trial had, as required in article seven of section three of this act.

(9) 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, consistent
with his office.

Section 5. Town council—(1) On the second Tuesday of June,
nineteen hundred and thirty-eight, there shall be elected by the qualified
voters of the town of Marion, seven councilmen, who shall be electors
of said town, whose terms of office shall begin on the first day of Sep-
tember succeeding their election. Of the seven members elected to the
council, on the second Tuesday in June, nineteen hundred and thirty-
eight, those four members receiving the greater number of votes shall
hold office for a term of four years beginning September first, nineteen
hundred and thirty-eight, and until their duly elected successors shall
have qualified. The other three members shall serve fora term of
two years beginning September first, nineteen hundred and thirty-eight.
In case of tie among any of the members lots shall be cast among those
tying to determine which one or ones shall hold office for the term
of four years. On the second Tuesday of June, nineteen hundred and
forty, and every four years thereafter, there shall be elected by the
qualified voters of said town three councilmen, and on the second Tues-
day of June, nineteen hundred and forty-two, and every four years
thereafter, there shall be elected by such qualified voters four council-
men who shall be electors of said town, and whose terms of office shall
begin on the first day of September succeeding their election and shall
continue for four years thereafter, and until their duly elected succes-
sors shall have qualified.

(2) The mayor and members of the council shall take office on the
first day of September after their election. |

(3) The town council, in addition to powers granted it by this
act, shall have all the authority and power, and be subject to all the
duties, imposed by general law. 7

(4) The town council, at its regular meeting in September, of
every second year, shall elect a president of the council to be chosen from
their number, who shall preside over its meetings and be allowed to
vote. |

(5) The town council shall meet on the first Friday in each
month, unless it ‘shall hereafter by ordinance prescribe otherwise, but
a regular meeting shall be held once in each month. © ie OO
(6) The president of the council, or the mayor, or any three
members thereof, may call a special meeting at any time. Notices of
such special meetings shall be in writing, and served upon all members
of the council not signing the call. Such service shall be by the ser-
geant or recorder, and shall be made as other legal services may be
made in this State. At such meeting no business shall be transacted
unless there are a majority of all the members of the council present,
and then only the particular business for which the meeting was called.

(7) No motion to reconsider the vote by which any ordinance was
passed may be entertained by the presiding officer of the council after
the same shall once have been made and defeated, or passed, unless
made by a member voting for such ordinance. No motion to recon-
sider shall be entertained at a special meeting. If a special meeting has
been held, no business shall be transacted at the next regular meeting
until the minutes of such special meeting be read and approved.

(8) Any four councilmen shall constitute a quorum of the council.

(9) The council may adopt such rules and procedure for the regu-
lation of their meetings as they may deem proper, but no tax may be
imposed, or debt contracted, or payment of money authorized except
by an affirmative vote of two-thirds of the members recorded on the
journal.

— (10) A journal of all the proceedings of the council shall be kept,
open at all times to the inspection of any person interested. The said
journal shall be signed by the presiding officer after the same shall have
been approved at the regular meeting of the council, and shall also
be signed by the recorder.

(11). If any member of the council shall voluntarily and without
sufficient excuse, absent himself from three consecutive regular meet-
ings of the council, his office shall be declared vacant, and the vacancy
filled by the council at its next regular meeting. ,

(12) The council shall have the custody and control of all the
property of the town, and all the authority now granted, or which may
hereafter be granted councils of towns by the general laws of this
State in regard to the control of the fiscal and municipal affairs of the
town, are granted to the council of the town of Marion. ,

(13) The term of office of the president of the council shall be
two years from the date of his election, and the council may fill a
vacancy in such office when same occurs from ary cause.

(14) The town council may make ordinances and by-laws for
carrying into effect the provisions of this act, may prescribe fines and
other punishments for the violation of any of the ordinances of the
town, may levy and impose privileges and all other kinds of taxes not
prohibited by State laws; may prevent any animals or fowls from run-
ning at-large on the streets of the town, and subject such animals to
such confiscations, penalties, et cetera, and impose such fines on the
owners thereof as it may deem proper; may impose taxes not pro-
hibited by the general law on any and all animals in the said town;
may prohibit cruelty to animals or fowls, and provide penalties there-
for; may restrain and punish beggars, peddlers and vagrants; may pre-
vent and disperse riots, disturbances and unlawful or disorderly assem-
blages; may suppress houses of ill fame and bawdy houses, and may
provide that upon evidence of general reputation that such houses, or
other places, are used for the purpose of lewdness, the same shall be
abated as nuisances; may punish and prohibit wagering and betting
regardless of the amount won or lost; may prevent or restrain indecent
or lewd conduct, pictures or exhibitions in the town; may prohibit im-
moral and lewd picture shows, or motion pictures calculated to injure
the morals of the town; may prevent the coming into the town of per-
sons having no ostensible means of support, and of persons who may
be dangerous to the peace and safety of the town; may offer rewards
for the apprehension of persons committing felonies in the town, not to
exceed one hundred dollars in each case; may provide and open mar-
kets, and make rules and regulations governing same, whether public
or private; may provide for the proper weighing and measuring of
hay, ice, coal, grain and other articles for sale in town, and regulate
the transportation thereof through the streets of the town.

(15) The town council may by ordinance impose punishment for
any offense upon which a punishment is imposed by the State of Vir-
ginia.

(16) For violations of any ordinance, the town council may im-
pose a fine and other punishment or jail sentence, not in excess of the
fine, punishment and jail sentence imposed for a like offense by the
State of Virginia, and in case the offense is not punishable by the State
of Virginia, then for the purpose of carrying out this act, the council
may prescribe for the punishment of any such offense a fine not ex-
ceeding five hundred dollars or punishment in jail not exceeding twelve
months, or both.

(17) The town council shall have the power and authority to
establish a chain gang or workhouse and require offenders against town
ordinances to work therein; and may require that when any person is
sentenced to serve a term in jail for the violation of any ordinance, or
to be imprisoned for the non-payment of any fine, he may be required
to work in the chain gang or work house or upon the streets, or other
public works of the town. oo i

The jailor of Smyth county is hereby authorized to receive into his
jail, and there keep until released in accordance with law, any person
regularly committed to his jail for the violation of any town ordinance,
or to be imprisoned for the non-payment of any fine, penalty or costs
imposed by the mayor of the town or any councilman. The council
shall pay out of the funds of the town to the said jailor such amounts
as he would receive in like cases for State or county prisoners.

For each day any person convicted of crime shall work in the
chain gang or workhouse, he shall be entitled to fifty cents as a credit
on any fine imposed upon him, in default of the payment of which he
was. committed to jail.
For the purpose of carrying out the foregoing the council may
employ such officers as it may think proper, and fix their compensa-
tion.

Any person convicted and sentenced to jail for the violation of
any ordinance may be compelled to work on such chain gang, unless
physically disabled, and, if being physically able, he shall refuse to
so work, he may be subjected to such reasonable corporal punishment
as may be prescribed by the town council by ordinance.

(18) Every member of the council shall have all the power and
authority of a justice of the peace in the county of Smyth.

(19) The mayor and each member of the council shall have the
right to issue warrants for the violation of all town ordinances, and
to hear and conduct and determine all prosecutions, and impose such
sentences and punishments as may be provided by the ordinances of
the town, and issue executions for the collection of fines.

(20) The mayor and each member of the council shall have all the
jurisdiction and powers of a justice in civil matters within the town
of Marion.

(21) Appeals may be taken, as provided by general law, from the
judgment of the mayor or any member of the council, in any case, civil
or criminal, to the circuit court of Smyth county.

(22) The president of the council shall perform the duties of
the mayor if the latter be absent from the town or otherwise incapaci-
tated, and if the president of the council be so acting at the time of any
regular meeting of the council, or be absent from said meeting from
any other cause, the council shall elect a president pro tempore to per-
form his duties.

(23) The council may elect such committees for the various de-
partments of the town as it may desire from its members. The com-
mittees shall be elected at the regular meeting in September, nineteen
hundred and twenty, and vacancies shall be filled by the council as
they occur.

(24) The council shall ame the right to regulate the stores and
shops and individual premises, or corporations operating the same in
the town of Marion, offering meat or food stuff for sale; shall have
the right to prohibit the sale or exposure for sale of meat or food stuff
damaged or otherwise unfit for sale or consumption; shall have the
right to regulate the manufacture of ice in the town of Marion and to
provide proper and reasonable regulations for the manufacture thereof,
and shall further have the right to provide that ice manufactured in
the town of Marion shall be manufactured from distilled water only
and shall further have the right to require a license from any person,
firm or corporation in the said town manufacturing, selling or offering
for sale ice in the said town, and to prohibit the manufacture and sale
of the same without license, and shall further have the right to deny
the use of the streets of the town for the purpose of delivering ice,
unless and until satisfactory provisions shall have been given to the
council that its requirements as to the manufacture of the said ice shall
have been complied with. No ice shall be shipped into and sold in the
town of Marion that is not manufactured in accordance with the pro-
visions of this section or any regulations enacted by the council under
this section.

(25) The town council shall have the right to prohibit the erection
or maintenance of any hog pen, stable or other undesirable struc-
tures on the streets of the town or in certain localities, which locali-
ties shall be determined by the council.

Section 9-a. Town manager.—(1) The council may 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 resident 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 term for which elected, be chosen as town manager.
The town manager shall be appointed for a term acceptable to the town
council and the town manager, and his salary shall be fixed by the coun-
cil. 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 pending 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 desig-
nate some qualified person to perform the duties of the office during
such absence or disability. | ,

(2) It shall be the duty of the town manager to supervise the
administration of the affairs of the town; to make such recommenda-
tions to the council concerning the affairs of the town as may seem to
him desirable; to keep the council advised of the financial condition
and future needs of the town; to prepare and submit to the council the
annual budget estimates; to prepare and submit to the council such re-
ports 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 the 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. , |

(3) Except as otherwise provided in this charter, the town mana-
ger, 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 departments of the
town 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, employees and assistants shall
be fixed by the town manager subject to the approval of the town coun-
cil. His action in all respects shall be subject to review by the council
and he shall be accountable to the town council only.

(4) Unless and until otherwise provided by the council, the town
manager shall act as the purchasing agent.

(5) The council may at any time in its discretion combine the
duties of the town treasurer, or any part of such duties, with those of
the duties of the town manager, and if and when the council places the
duties of the town treasurer or any part of his duties, upon the town
manager, the town manager shall have all the power, authority, duties,
obligations and responsibilities of the town treasurer to the extent of
the combination of the duties of the town treasurer with the duties of
the town manager by the town council.

Section 10. Finances—(1) For the execution of their powers and
duties, the town council shall have the authority to raise annually by
taxes, levies and assessments on real estate and tangible personal prop-
erty in said town, such sums of money as they may deem necessary for
the purposes of the town, and in such manner as they may deem expedi-
ent in accordance with the provisions of this act and the general laws
of this State and the United States.

The town council shall, at its first regular meeting in September in
each year, or as soon thereafter as may be, make up an account of all
sums necessary for the proper management and expenses of the town for
the year, and shall enter the same upon the journal, showing under
general heads for what purposes the said funds will be needed, and
shall order and make a town levy of so much as in their opinion is
necessary to be raised by a levy on real estate and tangible personal
property, in addition to what may be received from licenses and other
sources, provided that the said levy shall not exceed two and one-half
per centum of the assessed value of said real estate and tangible per-
sonal property. : ,

The levy so ordered may be made on all or any of the following
subjects of taxation:

(a) <Any real estate and tangible personal property in the town,
not specifically exempt from municipal taxation.

(b) Any other subjects of taxation upon which a municipal cor-
poration may levy a tax. |

2. The town council may exempt from municipal taxation any
bond or other certificate of indebtedness of the town.

Where under a State law, a municipal corporation is limited to any
certain rate on any class of property the council may not impose a
greater rate on that class. ,

(4) The council may order the recorder to assess all taxable prop-
erty in the town at its true market value, provided that no property
shall be assessed at a higher valuation than the same is assessed fot
county or State taxation, but in the absence of such order, the recordet
shall adopt the assessment of the commissioner of the revenue fot
Marion district in Smyth county as the assessment of the town, excep’
that any omitted property shall be assessed by the recorder.
(5) The town council may levy a tax or license on any person
firm or corporation pursuing any trade, business, profession, occupa
tion, 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 pro:
hibited by general law.

(6) Within the limitations prescribed by the laws of this State
and of the United States, the town may impose a license tax on any
person, firm or corporation doing business in the town of Marion
whether. the principal office of such corporation is located in the towr
or not, and upon the agent of any oil, fertilizer, laundry or other busines:
doing business in the town, whether the principal office of said business
be in the town of Marion or not, and may impose a license tax upon
any stock or security salesman, or salesman selling real estate, no mat-
ter where the principal office of the corporation whose stock or security
is being sold, or the real estate, is located.

(7) The town council shall have the right to refuse to issue license
to any person for any business or occupation, if in its opinion such
business or occupation is carried on in such manner as to be inimical
to the public welfare. After being refused license the applicant shall
have the right to appear before the council at its next regular meeting
and make further application therefor, and unless good cause be shown
against the issuance of the license the same shall be issued; that is,
unless it be shown to the satisfaction of the council that the business or
occupation is being conducted in a manner inimical to the public wel-
fare.

No license to sell strong or spirituous liquors, wine, beer, ale or por-
ter, or intoxicating drinks, or intoxicating bitters or mixtures thereof.
within said town or within two miles of its boundary, shall be granted
by any person or persons having authority to grant licenses, unless the
party applying therefor shall produce to such person or persons a pe-
tition signed by two-thirds of the registered voters of said town, and
the certificate of the council of said town of its unanimous consent to the
granting of such license. The council may require from persons so
licensed, a bond, with sureties, payable to the said town, in such pen-
alties and with such conditions as it may think proper, and may re-
voke such license at any time if the conditions of said bond be broken.

(8) The council may require a license for the operation or run-
ning of wheeled vehicles of all kinds, however pulled, pushed or pro-
pelled, and no such vehicle shall be operated or run over the streets of
the town until the required license shall have been paid, whether the
said vehicle has paid a State license or not. The town council may
refuse to issue license to any applicant under this section if, in its
judgment, such vehicle is being pushed, pulled or otherwise propelled
and operated in a dangerous manner, or inimical to the public welfare,
and mav revoke any license already issued if it shall believe that such
vehicle is being operated in a dangerous manner, or in a manner inimical
to the public welfare. In all such cases the applicant, or the person
whose license is revoked shall have the right to apply for said license,
or a renewal thereof, at the next regular meeting of the council, and
unless it be shown to the satisfaction of the council that the vehicle
was, or is, used, propelled and operated in such a manner, the license
shall be renewed or granted. The council may also require a license
from any person operating such vehicle, and may revoke same when
granted or refuse to issue same, if it is believed that such person is
not properly equipped to manage or propel or operate said vehicle,
or that the same has been operated or propelled in a dangerous manner,
or in a manner inimical to the public welfare. The council may further
require that persons under the age of fourteen years shall not operate
or drive any motor vehicle, operated by steam, gas, electricity, or other-
wise, on the streets of the town. To carry into effect this section, the
council may make any such ordinances, rules and regulations as to it
may seem proper, not in conflict with this section, or the laws of this
State.

(9) The council may prescribe the license year, and provide when
the same may be collected.

(10) If any license be revoked by the council, the unearned por-
tion thereof shall be returned to the person, firm or corporation whose
license is so revoked.

(11) The recorder shall assess all licenses, and deliver the same
to the sergeant and collector at the time directed by the council, and at
the same time shall make out all license tax tickets, and deliver same
to the sergeant and collector. He shall further, at the next regular
meeting of the council, deliver to it a true copy, verified by affidavit,
of all license taxes assessed by him, which shall be kept by the records
of the council.

(12) The council shall have the right to provide for the removal
by the town of garbage, manure and other refuse, and to fix and collect
charges therefor, and provide penalties for the non-payment thereof.

(13) The council shall have the right to levy and collect a license
for all vehicles operated for hire in the town, either by the year or
any portion thereof.

(14) The town council shall have the right, power and authority
without reference to a vote of the people, to issue certificates of in-
debtedness or other obligations of the town, issued in anticipation of
the revenue of the town for the then current year; provided that such
certificates or other obligations mature within one year from the date
when issued, and within the term of office of the council issuing same,
and do not exceed in amount thirty-three and one-third per centum of
the revenue for the then current year, and such obligations shall be
paid when due, and that after the same become due, no warrants of the
town shall issue until the obligation be paid in full, except to liquidate
the same, or to pay the principal or interest on the bonded indebtedness
of the town.

(15) The town council shall have the power and authority, with-
out reference to a vote of the people, to provide by ordinance for the
issue of new bonds for the redemption and liquidation of any lawfully
issued bonds, when they fall due, become subject to call, or for any
other reason may be retired, or for the redemption and liquidation of
any other indebtedness evidenced by certificates or warrants issued
prior to January first, nineteen hundred and thirty. Said new bonds
shall not exceed the amount they are issued to pay or retire, may be
coupon or registered, and shall not bear interest at more than six per
centum per year, and shall not run for more than thirty years from
date, and shall not be sold for less than par. They may be in such
denominations as the council may direct. The proceeds thereof shall
not be used for any other purpose than to pay or retire, refund or
otherwise redeem the outstanding bonds which may then be due subject
to call, or may otherwise be retired, or other indebtedness evidenced by
certificates or warrants issued as above set forth. Such bonds shall be
payable in lawful money of the United States, and a sinking fund shall
be created and maintained sufficient to pay the interest on the said bonds,
and the principal thereof at maturity, and said sinking fund shall be
kept separate from any fund of the town in a separate account in an
approved depository, and shall, under no circumstances, be used for
any other purpose except to retire the bonds for which it was created
and maintained. If any officer of the town shall order or otherwise
advocate any other use of said fund, he shall upon proof thereof, be
forthwith removed from office.

(16) All bonds shall be issued on order of the council, duly re-
corded in the journal, and shall be signed by the mayor, and counter-
signed by the recorder, and the corporate seal of the town shall be
affixed thereto. .

(17) The town council shall levy a separate tax on real estate
and tangible personal property to create the said sinking fund to pay the
principal and interest of the said bonds. ,

2. An emergency existing, this act shall be in force from its

passage.