Chap. 473.—An ACT to provide a new charter for the town of Blacksburg, in the
county of Montgomery, and to repeal the charter provided for said town by

Chapter 156 of the Acts of the General Assembly of 1912, approved March 12,
1912, and all amendments thereof, or of any part thereof. [S B 293]

Approved April 6, 1942

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

Section 1. The Town Corporate——The inhabitants of the territory
comprised within the present limits of the town of Blacksburg, as such
limitations are now or may be ‘hereafter altered and established by law,
shall constitute and continue a body, politic and corporate, to be known
and designated as the town of Blacksburg, and as such shall have and
may exercise all powers which are now or hereafter may be conferred
upon or delegated to towns under the Constitution and laws of the Com-
monwealth of Virginia, as fully and completely as though such powers
were specifically enumerated herein, and no enumeration of particular
powers by this charter shall be held to be exclusive, and shall have, exer-
750. ACTS OF ASSEMBLY ' [va., 1942

cise and enjoy all the rights, immunities, powers and privileges and be
subject to all the duties and obligations now appertaining to and incum-
bent on said town as a municipal corporation, and the said town of Blacks-
burg, as such, shall have perpetual succession, may sue and be sued,
implead and be impleaded, contract and be contracted with, and may have
a corporate seal which it may alter, renew, or amend at its pleasure by
proper ordinance. <4 _ ,
Section 2. Corporate Lines of the Town of Blacksburg.—That the
boundaries of said town shall be as follows: Beginning at a point in the
center of Clay Street a corner to Virginia Polytechnic Institute Farm
and with a line of same south nineteen degrees forty-eight minutes east
two hundred thirteen and six tenths feet to an iron-hub corner to the
Houston land where a WO was called for. Thence still with Virginia
Polytechnic Institute Line south four degrees sixteen minutes east six
hundred eighty-nine and six-tenths feet to the center of an alley. Thence
with a line of an alley crossing Center Street. North fifty degrees twenty-
seven minutes east seven hundred sixty-four and nine tenths feet to the
center of an alley parallel to Railroad Street; thence with same south
twelve degrees forty-eight minutes east two hundred ninety-seven and six
tenths feet to the center of an alley; thence leaving the alley and crossing
Railroad Avenue the N & W at M. P eight-twenty seven hundred and
sixty feet; north eighty-one degrees seven minutes east three hundred
eighty-six and five tenths feet to Eakin Street prolonged ; thence on a line
parallel to Preston Avenue south thirty-nine degrees fifteen minutes east
sixteen hundred seventy-seven and five tenths feet to a stake standing on
the west side of Route eight at the P C of a twelve degree curve to the
left; thence with this curve south five degrees and thirty minutes west one
hundred nineteen feet to the PT; thence with this tangent south no de-
grees fifty-five minutes east two hundred fifty and eight tenths feet to
stake on the west side of Route eight ; thence north fifty degrees forty-five
minutes east sixteen hundred ninety-five and three tenths feet to a con-
crete marker standing two hundred eighty-nine feet east of Main Street;
thence.on a line parallel to Main Street but two hundred eighty-nine feet
east of same north thirty-nine hundred fifteen minutes west twenty-six
hundred seventy-five to the old corporation line; thence with the old
corporation line north forty degrees twenty-five minutes east nine hun-
dred forty-nine feet to the center of Palmer lane; thence north thirty-
eight degrees thirty minutes west one hundred eighty-six feet to the center
of Clay Street; thence with a line of same north sixty-six degrees five
minutes east one hundred ninety-two feet thence north fifty degrees ten
minutes east fifteen hundred thirty-two and five tenths feet to P. I. Clay
and Houston Streets ; thence north thirty-nine degrees thirty-five minutes
west eleven hundred ten and three tenths feet to north side of Roanoke
Street opposite east corner of cemetery ; thence south fifty degrees twenty-
five minutes west six hundred forty-eight and six tenths feet to south east
corner of cemetery; thence north seventy-two degrees two minutes west
twenty-two hundred ten feet to iron hub, corner Turner and McConkey
Streets; thence north forty-five degrees no minutes west, nine hundred
twelve feet to center Route twenty-three: thence north eighty deerees no
minutes west twelve hundred feet to stake on south bank of Strouble
Creek; thence south twenty-eight degrees twenty-five minutes wes
fifteen. hundred fourteen feet to an iron hub ten feet south of Stange:
Bridge; thence south twenty-seven degrees thirty minutes west elever
hundred five feet to center branch in Virginia Polytechnic Institute line
thence south fifty-six degrees forty-three minutes west six hundred ninety
feet to center College Alley ; thence north fifty degrees thirty-five minute:
east fourteen hundred feet to’center Pepper Street ; thence south fifty-sis
degrees fifty-three minutes east three hundred twenty-seven and eigh
tenths feet to center Turner Street; thence north fifty-two degrees fifteer
minutes east two hundred forty-five feet to center Keister Street ; thence
south forty-eight degrees five minutes east four hundred ninety feet tc
center Faculty Street ; thence north fifty-two degrees fifteen minutes eas'
two hundred twenty feet to center Route Number eight; thence soutk
thirty-seven degrees fifty-five minutes east five hundred eighty-three feet
to center College Street; thence south fifty-five degrees fifteen minute:
west nine hundred nineteen feet to center Otey Street; thence south
thirty-two degrees forty-eight minutes east eight hundred twenty-seven
feet to center Wall Street; thence south fifty-seven degrees five minutes
west three hundred forty-nine feet to center Kent Street: thence south
thirty-one degrees twenty-five minutes east four hundred eighty-three
feet to center Washington Street ; thence south fifty-eight degrees twenty-
five minutes west three hundred five feet to center Virginia Polytechnic
Institute Farm Road; thence south eleven degrees thirty-five minutes
east three hundred forty-four feet to Beginning Clay Street.

This map was re-located and completed by A. Murrill February
twenty-eight, nineteen hundred and thirty-one, on October thirteenth,
nineteen hundred thirty-four it was revised by order of the Circuit Court.

Section 3. Powers of the Town of Blacksburg.—In addition to the
powers elsewhere mentioned in this charter and the powers conferred by
general law and the Constitution, the said town of Blacksburg shall have
the following powers:

(1) To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may be
subject to taxation by towns by the revenue laws of this Commonwealth,
such sums of money as the council thereof shall deem necessary for the
purpose of said town, in such manner as the said council shall deem
expedient in accordance with the Constitution of this State and of the
United States; provided, however, that it shall impose no taxes on the
oonds of the said town; and provided further that such levy shall not
=xceed one dollar on the one hundred dollar assessed valuation of
oroperty.

(2) To impose special or local assessments for local improvements
ind to force payment thereof, subject to such limitations prescribed by
he Constitution and laws as may be in force at the time of the imposition
yf such special or local assessments.

(3) To impose a tax not exceeding one dollar per annum upon
Ul persons residing in said town above the age of twenty-one years, not
xempt from the payment of State capitation tax.
(4) Tocontract debts, borrow money and make and issue evidences
of indebtedness. ,

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

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

(7) To establish markets in the town and regulate the same and to
enforce such regulations in regards to the keeping and sales of fresh
meat, vegetables, eggs and other green groceries and the trade of hucksters
and junk dealers as may be deemed advisable.

(8) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council of the said town may deem neces-
sary for the purpose of providing an adequate water supply to the said
town and piping and conducting the same; to lay, erect and maintain all
necessary mains and service lines, either within or without the corporate
limits of the said town, for the distribution of water to its customers and
consumers, both within and without the corporate limits of the said town,
and to charge and collect water rents therefor ; to erect and maintain all
necessary dams, pumping stations and other works in connection there-
with: to make reasonable rules and regulations for promoting the purity
of its said water supply and for protecting the same from pollution ; and
for this purpose to exercise full police powers and sanitary patrol over
all land comprised within the limits of the water shed, tributary to any
such water supply wherever such lands may be located in this State; to
impose and enforce adequate penalties for the violation of any such rules
and regulations; and to prevent by injunction any pollution or threatened
pollution of such water supply, and any and all acts likely to impair the
purity thereof; and to carry out the powers herein granted, the said town
may exercise within the State all powers of eminent domain provided by
the laws of this State.

(9) To acquire by gift, purchase, exchange or by the exercise of
the power of eminent domain within this State lands, or any interest or
estate in lands, rock quarries, gravel pits, sand pits, water and water
rights and the necessary roadways thereto, either within or without the
town, and acquire and install machinery and equipment, and build the
necessary roads or tramways thereto; and operate the same for the
purpose of producing materials required for any and all purposes of the
town; and to acquire by purchase, exchange or by the exercise of the
power of eminent domain within this State, lands, machinery and equip-
ment, and build and operate a plant or plants for the preparation anc
fixing of materials for any and all purposes of the said town.

(10) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and make reasonable charge:
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials, or any of them; to contrac!
or regulate the collection and disposal thereof and to require and regulate
the collection and disposal thereof.

(11) To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town; and to
establish, regulate, license, and inspect weights, meters, measures, and
scales.

(12) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of the same, or any of them, within the town or
within one mile thereof.

(13) To require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by making
application to the treasurer of the said town, or such other person as may
be designated by the council of the said town, to issue said license, and to
require the said owner to pay an annual license fee therefor to be fixed
by the council; provided that the said license fee shall not exceed the
amount charged by the State on the said machine.

(14) To construct, purchase, maintain, regulate and operate public
improvements of all kinds, including municipal and other buildings,
armories, markets, and all buildings and structures necessary or appro-
priate for the use and proper operation of the various departments of the
town; and to acquire by condemnation or otherwise, all lands, riparian
and other rights and easements necessary for such improvements, or any
of them.

(15) To establish, alter, enter, open, widen, extend, grade, im-
prove, construct, maintain and clean public highways, streets, sidewalks,
boulevards, parkways, and alleys; to establish and maintain parks, play-
grounds, and public grounds; to keep them lighted and in good order;
to construct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to prevent the obstruc-
tion of such streets, alleys and highways, abolish and prevent grade cross-
ings over the same by railroads in the manner prescribed by the general
law for the elimination of road at a place where any highway or street is
crossed within the town limits; to erect and maintain at such crossing
any style of gate deemed proper and keep a man in charge thereof, or
keep a flagman at such crossing during such hours as the council may
require in accordance with the general law of the State, and to regulate
the length of time such crossing may be closed due to any operations of
the railroads within the town; and to do all other things whatsoever
adapted to make said streets and highways safe, convenient and attractive.

(16) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or inclosures
of every character, refreshment stands, restaurants, et cetera; to charge
for admissions, and use of the same, and rent out or lease the privileges
of construction of or using such stadiums, swimming pools, recreation or
amusement buildings, structures, or inclosures of every character, re-
freshment stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other services,
products, or conveniences, operated, rented or furnished by the town,
and to assess, or cause to be assessed, after reasonable notice to the owner
or owners, water and sewage rates and charges directly against the
owner or owners of the buildings or against the proper tenant or tenants ;
and in event such rates and charges shall be assessed against a tenant,
then the council may by ordinance, require of such tenant a deposit of
such reasonable amount as it may by such ordinance prescribe before
furnishing such service to such tenant.

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

(19) Subject to the provisions of the Constitution and general
laws of Virginia and this charter to grant franchises for public utilities.

(20) To charge and to collect fees for permits to use public facili-
ties and for public services and privileges. The said town shall have the
power and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.

(21) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or, motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth, and unsightly de-
posits, or to make them so at the expense of the owners or occupants
thereof, and to collect said expense by suit or motion or by distress and
sale ; to regulate or prevent slaughter houses or other noisome or offensive
business within the said town, or the exercise of any dangerous or un-
wholesome business, trade or employment therein ; to regulate the trans-
portation of all articles through the streets of the town; to compel the
abatement of smoke and dust and prevent unnecessary noise; to regulate
the location of stables and the manner in which they shall be kept and
constructed ; to regulate the location, construction, operation and main-
tenance of billboards and generally to define, prohibit, abate, suppress
and prevent all things detrimental or offensive to the health, morals,
aesthetics, safety, convenience and welfare of the inhabitants of the town;
and to require all owners or occupants of property having sidewalks in
front thereof to keep the same clean and sanitary, and free from all weeds,
filth, unsightly deposits, ice and snow.
cH. 473] ACTS OF ASSEMBLY Fes

(22) To extinguish and prevent fires, and to establish, regulate, and
control a fire department or division, to regulate the size, height, materials
and construction of buildings, fences, walls, retaining walls, and other
structures hereafter erected in such manner as the public safety and con-
veniences may require; to remove or require to be removed or recon-
structed any building, structure or addition thereto which by reason of
dilapidation, defect of structure, or other causes may have become dan-
gerous to life or property, or which may be erected contrary to law; and
may enact stringent and efficient laws for securing the safety of persons
from fires in halls and buildings used for public assemblies, entertain-
ments or amusements.

(23) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder,
nitro-glycerin, fireworks, kerosene oil or other like materials; to regu-
late the exhibition of fireworks, the discharge of firearms, and the making
of bonfires in the streets and yards.

(24) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption, which is adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without liability
to the owner thereof ; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally; to
provide and regulate hospitals within or without the town limits, and if
necessary to the suppression of diseases, to enforce the removal of persons
afflicted with contagious or infectious diseases to hospitals provided for
them ; to provide for the organization of a department or bureau of health,
to have the powers of a board of health for said town, with the authority
necessary for the prompt and efficient performance of its duties, with the
power to invest any or all of the officials or employees of such department.
of health with such powers as the police officers of the town have, to
establish quarantine ground within or without the town, and establish
such quarantine regulations against infectious and contagious diseases
as the council may see fit, subject to the laws of the State and of the
United States.

(25) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

' (26) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the throwing of stones, or engaging in
any sort of employment in the public streets which is dangerous or annoy-
ing to passersby, and to prohibit and punish the abuse of animals.

(27) In so far as not prohibited by the general law of the State,
to control, regulate, limit and restrict the operation of motor vehicles
carrying passengers for hire upon the streets or alleys of the town; to
regulate the use of automobiles and other automotive vehicles upon the
streets; to regulate the routes in and through the town to be used by:
motor vehicle carriers operating in and through said town and to pre-
scribe different routes for different. carriers ; to prohibit the use of certain
756 ACTS OF ASSEMBLY [va., 1942

streets by motor trucks; and generally to prescribe such regulations
respecting motor traffic therein as may be necessary for the general wel-
fare. |

(28) To acquire in any lawful manner, for the purpose of encour-
aging commerce and manufacture, lands within or without the town not
exceeding at any one time five hundred acres in the aggregate, and from
time to time to sell or lease the same or any part thereof for industrial or
commercial uses and purposes.

(29) To provide in or near the town, lands to be used as burial
places for the dead ; to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein, to
co-operate with any non-profit corporation in the improvement and care
of burial places and approaches thereto; and to provide for the perpetual
upkeep and care of any plot or burial lot therein, the town is authorized
to take and receive sums of money by gift, bequest, or otherwise to be
kept invested, and the income thereof used in and about the perpetual
upkeep and care of the said lot or plot, for which the said donation, gift,
or bequest shall have been made.

(30) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety of
the town, from coming to said town from without the same; and also to
expel therefrom any such person who has been in said town less than
twelve months.

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

(32) To restrain and punish drunkards, vagrants and street beg-
gars, to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and
punish lewd, indecent and disorderly exhibitions in said town; and to
expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

(33) To make and enforce ordinances, not inconsistent with the
laws of this State.

(34) To prohibit and punish mischievous, wanton, or malicious
damage to school and public property, as well as private property.

(35) To prohibit and punish minors from frequenting, playing
or loitering in any public poolroom, billiard parlor, or bowling alley, and
to punish any proprietor or agent thereof for permitting same.

(36) To compel persons sentenced to confinement in the jail of
the town for any misdemeanor or other violation of the laws or ordi-
nances of the said town to work on the public streets, parks or other
public works of the town; and on the requisition of the mayor, or other
person acting as judge of the municipal court, it shall be the duty of the
sergeant of the town to deliver such person to the duly authorized agent
of the town for such purposes from day to day as he may be required.
For the purpose of carrying into effect the police regulations of said
town, the town shall be allowed the use of the county jail of Montgomery
County, for the safe keeping and confinement of all persons who shall be
sentenced to imprisonment under the ordinances of said town.
cH. 473] ACTS OF ASSEMBLY 797

(37) To offer and pay rewards for the apprehension and convic-
tion of criminals.

(38) To give names to or alter the names of the streets.

(39) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon conviction of such
violation.

(40) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and protection of
its citizens and their property and to do such other things and pass such
other laws as may be necessary or proper to carry into full effect, all
powers, authority, capacity, or jurisdiction, which is or shall be granted
to or vested in said town, or in the council, court or officers thereof, or
which may be necessarily incident to a municipal corporation.

(41) To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general welfare, com-
fort, education, morals, peace, government, health, trade, commerce, or
industries of the town, or its inhabitants.

(42) To prescribe any reasonable penalties for the violation of any
town ordinance, rule, or regulation or of any provision of this charter,
not exceeding penalties prescribed by the general laws of the State of
Virginia.

(43) To make and adopt a comprehensive plan for the town, and to
that end all plats and re-plats hereafter made subdividing any land within
the town or a mile of its corporate limits into streets, alleys, roads, and
lots or tracts shall be submitted to and approved by the council before
such plats or re-plats are filed for record or recorded in the office of the
clerk of Montgomery County, Virginia.

(44) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the cor-
porate limits of the said town, at such price and upon such terms as it
may prescribe, and to that end it may contract and purchase electricity
and gas from the owners thereof upon such terms as it may deem ex-
pedient.

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

(46) To regulate, permit or prohibit poles and wires for electric,
telephone and telegraph purposes to be erected and gas pipes to be laid
in the streets and alleys; to require the owner or lessee of an electric
light, telephone or telegraph pole, or poles, or wires, now in use or here-
after erected, to change the location or move the same.
758 ACTS OF ASSEMBLY. [va., 1942

(47) To establish, organize and administer public schools and
libraries, subject to the general laws establishing a standard of education
for the State.

(48) The enumeration of particular powers by this charter shall
not be deemed to be exclusive, and in addition to the powers enumerated
therein or implied thereby, or appropriate to the exercise of such powers,
it is intended that the Town Council shall have and may exercise all
powers which, under the constitution of this State, it would be competent
for this charter specifically to enumerate. |

Section 4. The administration and government of the Town of

Blacksburg shall be vested in one body to be called the council of the
Town of Blacksburg, which shall consist of seven (7) members, six (6)
of whom shall be known as councilmen and one to be known as mayor,
all of whom shall be residents and qualified voters of the said town.
The council may create, appoint, or elect such departments, bodies,
boards, and other officers, or assessors or attorneys as are hereinafter
provided for, or as are permitted or required by law to be appointed by
the council, or as may be deemed necessary or proper to carry out and
perform the powers of said Town of Blacksburg granted by this charter,
and may fix their compensation and define their duties.
Section 5. Elections and Composition of Council.—The said six
(6) councilmen and mayor shall be elected at large by the qualified
voters of the town; and shall be elected at the regular time in June, nine-
teen hundred and forty-two, fixed by the law for the holding of municipal
elections, and each two years thereafter, and shall serve a term of two
years from the first day of September next following the day of their
election and until their successors shall have been elected and qualified.
The council shall be a continuing body, and no measure pending before
such body shall abate or be discontinued by reason of expiration of the
term of office or removal of the members of said body or any of them.
Vacancies in the council shall be filled within thirty days after such va-
cancy occurs for the unexpired term by a majority vote of the remaining
members, except where otherwise inconsistent with the provisions of
this charter. _

Section 6. The Mayor.—(a) The mayor shall preside at the
meetings of the council and perform such other duties as may be pre-
scribed by this charter and by general law, and such as may be imposed by
the council consistent with his office. He shall be recognized as the official
head of the town for all ceremonial purposes, by the courts for the pur-
pose of serving civil process, and by the Governor for military purposes.
In time of public danger or emergency, he shall maintain order and en-
force the law. Such course of action shall be subject to review by the
council. ,

Ihe 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 then have the same weight and
effect as the vote of a councilman, but he shall have no right to veto; he
shall take care and see that the by-laws, ordinances, acts and resolutions
of the council are faithfully executed ; he shall have and exercise all power
and authority conferred by general law on mayors of towns not incon-
sistent with this charter; he shall be ex-officio a conservator of the peace
within the town and within one mile of the corporate limits thereof, and
shall, unless otherwise provided by the council, have jurisdiction to try
all violations of the town ordinances, subject to an appeal to the Circuit
Court of Montgomery County, and inflict such punishment and impose
such fines as may be prescribed for a violation of the same, and he shall
have power to issue executions for all fines and costs imposed by him,
or he may require an immediate payment thereof, and in default of such
payments he may commit the party in default to the town jail or the jail
of Montgomery County until the fine and cost shall be paid, but the time
of imprisonment in such case shall not exceed twelve months, or he may
release persons accused or convicted of the violation of a town ordinance
upon the giving of sufficient bail; he shall possess all the jurisdiction and
exercise all power and authority of a justice of the peace in civil and
criminal cases within the said limits; he shall see that peace and order
are preserved and that persons and property within the town are pro-
tected ; he shall authenticate by his signature such documents and instru-
ments as the council, this charter, or the laws of this Commonwealth re-
quire; and he shall from time to time recommend to the council such
measures as he may deem needful for the welfare of the town; provided,
however, that the council may appoint a police justice for the town, who
shall be a qualified voter of the town, and shall serve during the pleasure
of the council. He shall, during such time as he shall serve, have exclusive
jurisdiction to try all violations of town ordinances, and the same juris-
diction in criminal cases as is conferred by law on police justices of cities,
and shall, before entering upon the discharge of his duties, qualify as such
police justices are required to qualify, and he shall receive such compen-
sation as may be provided by the council.

Section 7. The Powers of the Council—The council hereinbefore
created shall have full power and authority, except as herein otherwise
specifically provided, to exercise herein all of the powers conferred upon
the town, and pass all laws and ordinances relating to its muncipal af-
fairs, subject to the Constitution and general laws of the State and of this
charter, and shall have full and complete control of all fiscal and munici-
pal affairs of the said town and all of its real and personal properties, and
may from time to time amend, re-amend or repeal any or all of the said
ordinances, for the proper regulation, management and government of
the said town and may impose fines and penalties for the violation or
non-observance thereof.

Section 8. Salaries——The salary of the mayor of the town, as now
constituted or hereafter elected, if any be allowed by the council, shall
be fixed by the council, but in no event to exceed nine hundred dollars
per annum. The six (6) councilmen, as now constituted or hereafter
elected, may receive a salary to be fixed by the said council, not to exceed
twenty-four dollars per annum, per member of said body, and such
salary, if any, shall be payable for services rendered upon a per diem
basis. The salary of the mayor and councilmen, if any, when fixed shall
so continue until changed by the council, and shall be payable out of the
760 ACTS OF ASSEMBLY [va., 1942

treasury of the town in monthly installments. The council shall fix the
salary of its clerk, and such other officers, agents, and employees as it
may deem appropriate; provided, no salary shall be fixed for a period
to exceed one year.

Section 9.. Ordinances.—In addition to such acts of the council as
are required by statute or by this charter to be by ordinances, every act
of the council establishing a fine or other penalty or providing for the
expenditure of funds or for the contracting of indebtedness, shall be by
ordinance. The enacting clause of all ordinances shall be, “The council
of the town of Blacksburg hereby ordains”.

Section 10. Procedure for Passing Ordinances——Every ordinance
shall be introduced in writing in the form in which it is to be finally
passed, and after passage on first reading shall be published at least once
together with a notice of the time and place when and where it will be
given a public hearing, all persons interested shall be given an opportunity
to be heard before final passage.

Section 11. The Meetings of the Council—The council shall by
ordinance adopt such rules as it might deem proper for the regulation
of its proceedings and shall meet at such times as may be prescribed by
ordinance, provided, however, that it shall hold at least one regular meet-
ing each month. A majority of the council shall constitute a quorum for
the transaction of business, but no ordinance or resolution shall be adopted
having for its object the levying of taxes or contracting a debt except by a
vote of three-fifths of the council. The mayor, or any other two members of
the council, may call a special meeting of the council upon at least twelve
hours written notice of the time, place and purpose to each member served
personally or left at his usual place of business or residence by the town
sergeant, and no business shall be transacted by the council in such special
meeting which has not been stated in the notice, provided, however, that
these regulations shall not apply when all members of the council attend
such meeting or waive notice thereof, nor shall it apply to an adjourned
session from a regular meeting. No ordinance or resolution appropriating
money exceeding the sum of five hundred dollars, imposing taxes, or au-
thorizing the borrowing of money, shall be passed by the council on the
same day on which it is introduced, nor shall any such ordinance or resolu-
tion be valid until at least three days intervene between its introduction
and the date of passage. No ordinance or resolution appropriating money
exceeding the sum of one hundred dollars, imposing taxes or authorizing
the borrowing of money, shall be passed except by the recorded affirma-
tive vote of a majority of all members elected to the council. The meetings
of the council shall be public, unless the council by a recorded affirmative
vote of three-fifths of its members shall declare that the public welfare
demands an executive session of the council ; and citizens may have access
to the minutes and records of the council at any reasonable time.

Section 12. Council; Chairman Pro Tem.—The council shall, as
soon as this act takes effect, elect from its membership a chairman pro
tem who shall in the absence or inability of the mayor to act, have all the
powers and duties of the mayor, and shall perform all of his functions;
and at the first meeting of each new and succeeding council elected here-
under such chairman pro tem shall be elected.

Section 13. Elections——The time of holding and the method of
conducting municipal elections shall conform to the general laws of the
State of Virginia. The next election is to be held on the second Tuesday
in June, nineteen hundred and forty-two, and every two years thereafter.

Section 14. Bond.—All officers, elected or appointed under the
provisions of this charter, shall, unless otherwise provided under general
law or by this charter, or by ordinance of the council, execute such bond,
with such approved corporate security as may be required by general
law, by this charter, or by ordinance or resolution of the council, and file
the same with the town clerk before entering upon the discharge of their
duties; and in event of default on the part of any bonded municipal off-
cer, the town shall have the same remedies against him and his sureties
as are provided for the State in enforcing the penalty of any official bond
given to it.

Section 15. Oaths.—All officers elected or appointed under the
provisions of this charter shall take the oath of office required by general
law before entering upon the discharge of his duties, and if these require-
ments have not been complied with within thirty days after the term of
office shall have begun or after his appointment to fill a vacancy, then
such office shall be considered vacant.

Section 16. The Town Clerk.—The town clerk shall be appointed
by the council, and shall attend the meetings of the council and shall keep
permanent records of its proceedings; he shall be custodian of the town
seal and shall affix it to all documents and instruments requiring the seal,
and shall attest the same; he shall keep all papers, documents, and records
pertaining to the town, the custody of which is not otherwise provided for
in this charter; he shall give notice to all parties, presenting petitions or
communications to the council of the final action of the council on such
communications or petitions; he shall give to the proper department
or officials ample notice of the expiration or termination of any franchise,
contract or agreements; he shall publish such records and ordinances as
the council is required to publish, and such other records and ordinances
as it may direct; he shall upon final passage transmit to the proper de-
partments or officials copies of all ordinances or resolutions of the council
relating in any way to such departments or to the duties of such officials,
and he shall perform such other acts and duties as the council may, from
time to time, allow or require.

Section 17. The Annual Budget.—At least thirty days before the
end of each fiscal year, the finance committee shall prepare and submit
to the council an annual budget for the ensuing fiscal year, based upon
detailed estimates furnished by officers of the town government according
to classification as nearly uniform as possible. The budget shall present
the following information. ,

(a) An itemized statement of the appropriations recommended
with comparative statement in parallel columns showing appropriations
made for the current and next preceding year. :
762 ACTS OF ASSEMBLY [va., 1942

(b) An itemized statement of the taxes required and of the esti-
mated revenues of the town from all other sources for the ensuing year,
with comparative statements in parallel columns of the taxes and other
sources of revenues for the current and next preceding year and of the
increases or decreases estimated or proposed.

(c) A fund statement showing a condition of the various appropri-
ations, the amount of appropriations remaining unencumbered, and the
amount of revenues remaining unappropriated.

(d) Explanatory text relative to the condition, reasons, et cetera,
connected with the estimates for the ensuing year also a work program
showing the undertakings to be begun and those to be completed during
the next year and each of several years in advance.

(e) A statement of the financial condition of the town, and

(f) Such other information as may be required by the council.

section 18. The Annual Appropriation.—Before the end of each
fiscal year, or as soon thereafter as may be practicable, the council shall
pass an annual appropriation ordinance which shall be based on the
budget submitted by the finance committee, and shall levy such tax for
the ensuing fiscal year as in its discretion shall be sufficient to meet all
just demands against the town on any account, subject, however, to the
provisions and limitations contained in section three of this charter.

Section 19. Fiscal Year——The council may determine when the
fiscal year of the town shall begin and end, and may change the same from
time to time. The council may also determine when town licenses and
taxes shall be payable.

Section 20. Unencumbered Balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within the year
of any work, improvement or other object for which a specific appropria-
tion has been made, the unencumbered balance of each appropriation
shall revert to the respective fund from which it was appropriated and
shall be subject to further appropriation. No money shall be drawn from
the treasury of the town nor shall any obligation for the expenditure of
money be incurred except pursuant to the appropriations made by the
council.

Section 21. The Town Treasurer—There shall be appointed by
the council one town treasurer who shall hold office during the pleasure
of the council; but the present treasurer of the town shall continue to
discharge the duties of the office until removed by the council or until
his successor shall have qualified. Any vacancy in this office shall be
promptly filled by the council. The said treasurer shall be the disbursing
agent of the town and have the custody of all money and all evidences of
value belonging to the town or held in trust by the town. He shall receive
all money belonging to and received by the town and keep correct ac-
counts of all receipts from all sources and of all expenditures of all de-
partments. He shall collect all taxes and assessments, water rents, and
other charges belonging to and payable to the town, and for that purpose
he is hereby vested with powers similar to those which are now or may
hereafter be vested in county and town treasurers for the collection of
county, town, and State taxes under the general law; he shall keep, dis-
burse and deposit all money or funds in such manner and in such places
as may be determined by ordinance or the provisions of the law appli-
cable thereto; he shall pay no money out of the treasury, except in the
manner prescribed by this charter or by ordinance or the general law;
he shall perform such duties as are usually incident to the office of com-
missioner of revenue in relation to the assessment of property for town
taxation and town license taxes and shall have power to administer oaths
in the performance of his official duties; and shall make such reports and
perform such other duties not inconsistent with the office as may be
required by this charter or by ordinance or resolution of the council. The
treasurer shall not be entitled to any commission for handling the funds
of the town but shall be paid such salary as may be provided by the
council, and before entering upon the duties of his office shall execute
a bond in such amount and with such security as the council by ordinance
may prescribe. The council may, in its discretion, and if it deems it neces-
sary or convenient, appoint some person or persons from the electors of
the town to assist the town treasurer in the collection of all taxes and
assessments, water rents, and other charges belonging to and payable to
the town, which person may be the town sergeant, or superintendent of
water works, but before entering upon the discharge of his duties, such
person shall execute a bond in such amount and with such security as
the council by ordinance, may prescribe. The treasurer shall be subject to
the supervision of the council of the town of Blacksburg and shall perform
such other duties not inconsistent with his office as may be required of
him by the town council; and he shall make all such reports as may be
required by the council. The said treasurer and clerk may be one and
the same person if the council may deem it more expedient.

Section 22. Town Sergeant.—There shall be appointed by the
council a town sergeant who shall qualify and give bond in such amount
as the council may require. He shall be vested with powers of a conserva-
tor of the peace, and shall have the same powers and discharge the same
duties as a constable within the corporate limits of the town and to a
distance of one mile beyond the same, and shall perform such other duties
as may be from time to time prescribed by the council.

Section 23. Who Shall Be Eligible to Appointment as Town
Treasurer, Town Sergeant, and Town Clerk.—No member of the town
council, or one who is elected to such office of town council, shall be
eligible to appointment or election to the office of town treasurer, town
sergeant, or town clerk, during the period for which he has been elected.
Such appointments must be made from residents of the town, who have
been residents for at least one year prior to such appointments.

Section 24. Tax Lien on Real Estate—-A lien shall exist on all
real estate within the corporate limits for taxes, levies and assessments in
favor of the town, assessed thereon from the commencement of the year
for which the same were assessed and the procedure for collecting the
said taxes, for selling real estate for town taxes shall be the same as
provided in the general law of the State to the same extent as if the
provisions of said general law were herein set out at length. The said town
and its treasurer shall have the benefit of all other and additional remedies
764 ACTS OF ASSEMBLY [va., 1942

for the collection of town taxes which are now or hereafter may be
granted or permitted under the general law.

Section 25. Tax Remedies; Personal Property.—All goods and
chattels wheresoever found may be distrained and sold for taxes and
licenses assessed and due thereon; and no deed of trust or mortgage upon
goods and chattels shall prevent the same from being distrained and sold
for taxes and licenses assessed against the grantor in such deed while such
goods and chattels remain in the grantor’s possession.

Section 26. License Taxes.—License taxes may be imposed by
ordinance on business, trades, professions or callings and upon the person,
firms, associations and corporations engaged therein, and the agents
thereof, except in cases where taxation by the localities is or shall be
prohibited by the general law of the State, and nothing herein shall be
construed to repeal or amend any general law with respect to taxation.
The council may subject any person, who, without having obtained a
license therefor, shall do any act or follow any business, occupation vo-
cation, pursuit, or calling in the town for which a license may be required
by ordinance, to such fine or penalty as it has authority to impose for any
violation of its laws.

Section 27. Independent Annual Audit—Prior to the end of each
fiscal year the council shall designate a qualified public accountant who,
as of the end of the fiscal year, shall make an independent audit of ac-
counts and other evidences of financial transactions of the town govern-
ment and shall submit his report to the council and the town treasurer.
Such accountant shall have no personal interest, direct or indirect, in
the fiscal affairs of the town government or any of its officers. He shall
not maintain any accounts or records of the town business, but, within
specifications approved by the council, shall post-audit the books and
documents kept by the department of finances and any separate or sub-
ordinate accounts kept by any other office, department or agency of the
town government.

Section 28. Audit of Accounts—Upon the death, resignation, re-
moval or expiration of the term of any officer of the town, the council
shall order an audit and investigation to be made of the accounts of such
officer and a report to be made to the council as soon as practicable.
After the close of each fiscal year an annual audit shall be made of the
accounts of all town officers; said audit shall be made by a qualified
accountant selected by the council, who shall have no personal interest,
direct or indirect, in the financial affairs of the town or any of its officers
or employees. The council may at any time provide for an examination
or audit of the accounts of any officer or department of the town govern-
ment.

Section 29. Subdividing Lands, Dedication of Streets, Recording
Plats.—Every owner or proprietor of any tract of land who may here-
after subdivide the same into three or more parts for the purpose of
creating a subdivision shall conform to the general laws of the State of
Virginia, in the preparation of the plat, laying out and dedication of
streets, alleys, and lanes, and recordation thereof, except as herein other-
wise provided, but in no event shall the town of Blacksburg be held
responsible for the upkeep of any street, alley or lane, or be held hable
for any accidents which may occur upon such streets, alleys, or lanes
until after the dedication of such streets, alleys, or lanes shall have been
accepted by or declared by ordinance of the town council.

Section 30. Municipal Securities—Bonds, notes and other evi-
dences of indebtedness may be issued by the town for such purposes and
in such manner as are prescribed by chapter one hundred and twenty-two
of the Code of Virginia, the Constitution, or any other general statute on
the subject of bond issues by towns or the issue of other municipal securi-
ties, except that before the council may act under the general laws upon
the question of a bond issue there shall be presented to the said council a
petition signed by a majority of the holders of real estate in said town
as shown by the last assessment for taxation purposes, which shall request
that the council proceed in the matter of issuing bonds in accordance
with the provisions of law; but provided that the aforesaid exception
shall not apply to certificates of indebtedness, revenue bonds or other
obligations issued in anticipation of the collection of the revenue of the
town for the then current year, if such certificates, bonds or other obli-
gations mature within one year from the date of their issue, and be not
past due, and do not exceed the revenue for such year. And provided, fur-
ther, that in no case shall the aggregate debt of the city at any one time
exceed eighteen per centum of the assessed value of real estate within
the town limits, subject to taxation, as shown by the last preceding
assessment for taxes, except where bonds are issued for a supply of
water to said town and its inhabitants, or for other specific undertaking,
from which the town of Blacksburg may derive a revenue, as provided in
section one hundred and twenty-seven of the Constitution of Virginia
and chapter two hundred and seventeen of the Acts of the Assembly of
nineteen hundred and thirty.

Provided, further, that the said council shall not endorse the bonds
ef any company whatsoever without the same authority.

All bonds issued under the provisions of this section shall be signed
by the president of council and the treasurer, and the seal of the town
shall be affixed and attested by the city clerk. The said bonds shall be
sold by resolution of the council and the proceeds used under its direction.
Every bond issued by the council shall state on its face for what purpose
or purposes it is issued, and the proceeds shall be applied exclusively to
the purpose or purposes for which such bonds are issued.

Section 31. Bond Maturity—Bonds may be issued by virtue of
section twenty-two of this charter but in no event shall the maximum
maturity exceed (twenty-five) years or the period of probable usefulness
of the capital project for which they are issued, as determined by certi-
ficate of a competent engineer or architect, approved by the council and
stated in the bond ordinance. The bond ordinance shall state the amount
appropriated for an indicated purpose and the amount of bonds authorized
to finance the projects which may combine two or more.

Section 32. Refunding Bonds.—The council shall have the au-
thority to issue bonds for the purpose of refunding, so far as necessary,
any bonds of the town at maturity, but no such refunding bond shall be
766 ACTS OF ASSEMBLY [va., 1942

issued for a greater period than twenty years. Such refunding bonds shall
be sold by the council, and the proceeds from sale shall be used for the
purpose of paying the maturing bonds, and no other purpose. Such re-
funding bonds to be signed in the same manner as other bonds. _

Section 33. The council ‘shall have the power to negotiate tem-
porary loans, in anticipation of taxes, for the purpose of paying current
expenses of the town; such loans to be evidenced by bonds or notes
bearing interest at not exceeding six per centum per annum; such bonds
or notes shall be payable within one year from date of issue out of the
current revenue of the year in which same are issued. No such temporary
loan shall in the aggregate exceed the sum of six thousand ($6,000.00)
dollars. ,

Section 34. Sinking Fund Provision—(a) There shall be set
apart annually from the revenues of the town a sinking fund sufficient
in amount to pay the outstanding indebtedness of the town, which by its
terms, is payable in not less than one year as it matures, and the council
may, in its discretion annually from time to time, set aside such additional
sinking fund as may be deemed proper, and invest all of sinking fund
as hereinafter set forth.

(b) When taxes on real and personal property are collected
for the year the town treasurer shall take therefrom the necessary amount
of any additional sum, if any, so set apart, and deposit the same in a
separate account to the credit of the sinking fund in such bank or banks as
the council may designate; and the said council may, if it shall so elect,
cause its sinking fund to be loaned on improved real estate situated in
the town of Blacksburg, secured by first mortgage liens thereon, provided
such funds shall not be loaned to a greater amount than forty per centum
of the fair market value of the property, and fire insurance shall be car-
ried on the property during the loan in an amount at least equal to the
face amount of the loan, which money shall be loaned at the rate of not
less than four nor more than six per centum per annum, payable semi-
annually and for no longer than five years at any one time.

(c) All sinking funds shall be used exclusively in the payment or
purchase and redemption of the outstanding bonds of the town, and when
such sinking funds are not required or may not within a reasonable time
be required for payment of any bond of the town, or cannot be used to
advantage in the purchase and redemption of any bonds of the town, which
may be outstanding, the same shall be securely invested in interest bearing
municipal, State or government bonds or loaned upon otherwise unen-
cumbered real estate, within the town of Blacksburg upon the basis
hereinbefore provided, or invested in any securities approved by the
general laws of the State for the investment of such funds, or deposited
in a bank on a reasonable rate of interest. Such sinking fund may be used
in the payment of purchase and redemption of all bonds of the town at
the discretion of the council. (d) The town council shall act as the sinking
fund commission and shall provide for the investment, deposit and appli-
cation of the funds in conformity to the provisions of this charter; and
it may require of any bank or banks receiving on deposit its revenues or
any of its sinking fund a fidelity bond. - 7 - -
cH. 473] ACTS OF ASSEMBLY 767

Section 35. Acquisition of Property; Condemnation.—The town
shall not take or use any private property for streets, highways or any
other public purposes without making just compensation for the same,
but where the town cannot obtain the title to property necessary for such
purposes, it may proceed to condemn the same in the mode prescribed
by the Constitution and general laws of the State.

Section 36. Actions Against Town; Damages.—(a) No action
shall be maintained against the town for damages for any injury to any
person or property alleged to have been sustained by reason of the negli-
gence of the town or any officer, agent, or employee thereof, unless a
written statement, verified by the oath of the claimant, his agent or at-
torney, or the personal representative of any decedent whose death is a
result of the alleged negligence of the town, its officers, agents or em-
ployees, of the nature of the claim and the time and place at which the
injury is alleged to have occurred or to have been received, shall have
been filed with the mayor or an attorney appointed by the council for this
purpose within sixty days after such cause of action shall have accrued,
except where the claimant is an infant or non compos mentis, or the
injured party dies within such sixty days, such statement may be filed
within one hundred and twenty days. And no officers, agents or employ-
ees of the town shall have authority to waive such conditions precedent
or any of them. (b) In any action against the town to recover damages
against it for any negligence in the construction or maintenance of its
streets, alleys, lanes, parks, public places, sewers, reservoirs or water
mains, where any person or corporation is liable with the town for such
negligence, every such person or corporation shall be joined as defendant
with the town in any action brought to recover damages for such negli-
gence, and where there is judgment or verdict against the town, as well
as the other defendant, it shall be ascertained by the court or jury which
of the defendants is primarily liable for the damages assessed. (c) If it
be ascertained by the judgment of the court that some person or corpora-
tion other than the town is primarily liable, there shall be a stay of execu-
tion against the town until execution against such person or persons or
other corporation or corporations, shall have been returned without
realizing the full amount of such judgment. (d) If the town, where not
primarily liable, shall pay the said judgment in whole or in part, the
plaintiff shall, to the extent that said judgment is paid by the town,
assign the said judgment to the town without recourse on the plaintiff,
and the town shall be entitled to have execution issued for its benefit
against the other defendant or defendants who have been ascertained to
be primarily liable, or may institute any suit in equity to enforce the said
judgment, or an action at law, or scire facias to revive or enforce said
judgment. (e) No order shall be made, and no injunction shall be
awarded, by any court or judge, to stay the proceedings of the town in
the prosecution of their works, unless it be manifest that they, their
officers, agents or servants are transcending the authority given them
by this act, and that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.
768 ACTS OF ASSEMBLY [va., 1942

Section 37. Investigations——The council, the mayor, and any off-
cer, board or commission authorized by them or either of them, shall
have power to make investigations within their respective powers and
duties, and for that purpose to subpoena witnesses, administer oaths, and
compel the production of books and papers, and any person refusing or
failing to attend, or to testify or to produce such books and papers, may
by summons issued by such board or officer be summoned before the
mayor of said town, and upon his failure to give satisfactory explanation
of such failure or refusal may be fined by the mayor for contempt, and
any person giving false testimony may be proceeded against for perjury.

Section 38. Books, Records, Et Cetera.—AlIl books, records and
documents used by any town officer in his office or pertaining to his
duties shall be deemed the property of said town, and the chief officer in
charge of such office shall be responsible therefor. Any such officer or
person made by this section responsible for the keeping of such books,
records, and documents shall, within five days after the end of his term
of office or within five days after the date of his resignation or removal
from office, as the case may be, deliver to the town clerk all such records
and documents. Any such officer or person failing to deliver such books,
records, or documents, as required by this section, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished as the
council may have by ordinance provided.

Section 39. Validation of Contracts.—All contracts and obligations
heretofore or hereafter made by the council of the town of Blacksburg,
while in office, not inconsistent with this charter, or the Constitution, or
the general laws of this State shall be, and are hereby declared to be valid
and legal.

Section 40. Ordinances to Continue in Force.—All ordinances now
in force in the town of Blacksburg, not inconsistent with this charter
shall be and remain in force until altered, amended or repealed by the
council of the said town.

Section 41. Partial Invalidity —If any clause, sentence, paragraph,
or part of this act, shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, im-
pair or invalidate the remainder of the said act, but shall be confined in its
operation to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which said judgment shall have been
rendered, as provided in Section three, paragraph forty-eight of this
charter.

Section 42. Planning and Zoning—(1) For the promotion of
health, safety, morals, comfort, prosperity, or general welfare of the
general public, the council of the town of Blacksburg may, by ordinance,
divide the area of the town into one or more districts of such shape and
area as may be deemed best suited to carry out the purposes of this act,
and in such district or districts may establish, set back building lines,
regulate and restrict the location, erection, construction, reconstruction,
alteration, repair or use of buildings and other structures, their height,
area, and bulk, and percentage of lot to be occupied by buildings or other
structures, the size of yards, courts and other open spaces, and the trade,
industry, residence and other specific uses of the premises in such district
or districts. Any ordinance enacted under the authority of this act may
exempt from the operation thereof any building or structure used or to be
used by a public service corporation (not otherwise exempted) as to
which proof shall be presented to the board of planning and zoning ap-
peals that the exemption of such building or structure is reasonably
necessary for the convenience or welfare of the public.

(2) All such regulations shall be uniform for each class or kind
of buildings throughout each district, but the regulations in one district
may differ from those in other districts.

~ (3) Such regulations shall be made in accordance with a compre-
hensive plan, and designed to lessen congestion in the streets, to secure
safety from fire, panic and other dangers, to promote health and the
general welfare; to provide adequate light and air; to prevent the over-
crowding of land; to avoid undue concentration of population ; to facili-
tate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements. Such regulations shall be made
with reasonable consideration among other things, to the character of the
district and its peculiar suitability for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the town.

(4) The council of the town of Blacksburg shall provide for the
manner in which such regulations and restrictions and the boundaries of
such districts shall be determined, established and enforced, and from
time to time amended, supplemented or changed. However, no such
regulation, restriction or boundary shall become effective until after a
public hearing in relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least fifteen days’ notice of the
time and place of such hearing shall be published in a paper of general cir-
culation in said town.

(5) Such regulations, restriction, and boundaries may from time
to time be amended, supplemented, changed, modified, or repealed. In
case, however, of a protest against such change signed by the owners of
twenty per centum or more either of the area of the lots included in
each proposed change, or of those immediately adjacent in the rear
thereof, or of those directly opposite thereto, such amendment shall not
become effective except by the favorable vote of three-fourths of all
the members of the council. The provisions of the previous section
relative to public hearings and official notice shall apply equally to all
changes or amendments.

(6) The council of the town of Blacksburg shall appoint a com-
mission to be known as a planning and zoning commission to recom-
mend the boundaries of the various original districts and appropriate
regulations to be enforced therein. Such commission shall make a
preliminary report or reports and hold public hearings thereon before
submitting its final report, and the council of the town of Blacksburg
shall take such action on said preliminary report or reports, and also
on the final report of the commission, as it shall deem necessary.
770 ACTS OF ASSEMBLY [va., 1942

(7) The council of the town of Blackburg may appoint a board
of planning and zoning appeals, and in the regulations and restrictions
adopted pursuant to the authority of this act may provide that the said
board of planning and zoning appeals may, in appropriate cases and
subject to appropriate conditions and safeguards, vary the application
of the terms of the ordinance in harmony with its general purpose and
intent and in accordance with general or specific rules therein contained.

(8) The board of planning and zoning appeals shall consist of five
members, each to be appointed for a term of three years and removable
for cause by the appointing authority, upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of any
member whose term becomes vacant.

(9) The board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this act. Meetings of the board
shall be held at the call of the chairman and such other times as the
board may determine. Such chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of wit-
nesses. All meetings of the board shall be open to the public. The board
shall keep minutes of its proceedings, showing the vote of each mem-
ber upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the board, and
shall be a pubic record.

(10) Appeals to the board of planning and zoning appeals may
be taken by any person aggrieved or by any officer, department, board
or bureau of the town affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time as provided
by the rules of the board by filing with the officer from whom the appeal
is taken and with the board of planning and zoning appeals a notice
of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the board all papers con-
stituting the record upon which the action appealed from was taken.

(11) An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the board of planning and zoning appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the cer-
tificate a stay would, in his opinion, cause imminent peril to life or prop-
erty. In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the board of planning and
zoning appeals or by a court of record on application, and notice to the
officer from whom the appeal is taken and on due cause shown.

(12) The board of planning and zoning appeals shall fix a rea-
sonable time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same within
a reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney.

(13) The board of planning and zoning appeals shall have the
following powers:
cH. 473] ACTS OF ASSEMBLY 77\

(a) To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an ad-
ministrative official in the enforcement of this act or of any ordinance
adopted pursuant thereto.

(b) To hear and decide special exceptions to the terms of the
ordinance upon which such board is required to pass under such or-
dinance. | |

(c) To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public interest
where owing to special conditions a literal enforcement of the pro-
visions of the ordinance will result in unnecessary hardship, and so that
the spirit of the ordinance shall be observed and substantial justice done.

(14) In exercising the above mentioned powers such board may,
in conformity with the provisions of this act, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determina-
tion appealed from and may make such order, requirement, decision
or determination as ought to be made, and to that end shall have all
the powers of the officer from whom the appeal is taken.

(15) The concurring vote of three members of the board shall
be necessary to reverse any order, requirement, decision or determina-
tion of any such administrative official, or to decide in favor of the
appellant on any matter upon which it is required to pass under such
ordinance or to effect any variation in such ordinance.

(16) Any person or persons, jointly or severally, aggrieved by
any decision of the board of planning and zoning appeals, or any
taxpayer, or any officer, department, board or bureau of the muni-
cipality, may present to a court of record a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the court
within thirty days after the filing of the decision in the office of the
board.

(17) Upon the presentation of such petition, the court may allow
a writ of certiorari directed to the board of planning and zoning appeals
to review such decision of the board of planning and zoning appeals
and shall prescribe therein the time within which a return thereto must
be made and served upon the realtor‘s attorney, which shall not be less
than ten days and may be extended by the court. The allowance of the
writ shall not stay proceedings upon the decision appealed from, but the
court may, on application, on notice to the board and on due cause shown,
grant a restraining order. ,

(18) The board of planning and zoning appeals shall not be re-
quired to return the original papers acted upon by it, but it shall be suffi-
cient to return certified or sworn copies thereof or of such portions
thereof as may be called for by such writ. The return shall concisely
set forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.

(19) If, upon the hearing, it shall appear to the court that testi-
mony is necessary for the proper disposition of the matter, it may take
evidence or appoint a commissioner to take such evidence as-it may
772 ACTS OF ASSEMBLY [va., 1942

direct and report the same to the court with his findings of fact and
conclusions of law, which shall constitute a part of the proceeding upon
which the determination of the court shall be made. The court may re-
verse or affirm, wholly or partly, or may modify the decision brought
up for review.

(20) Costs shall not be allowed against the board, unless it shall
appear to the court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.

(21) All issues in any proceedings under this section shall have
preference over all other civil actions and proceedings.

(22) In case any building or structure is erected, constructed, re-
constructed, altered, repaired, or converted; or any building, structure or
land is used in violation of this act or of any ordinance or other regula-
tion made under authority conferred hereby, the proper authorities of
the town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, to restrain, correct or
abate such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in or about
such premises.

(23) Said regulations shall be enforced by the division of building
inspection which is empowered to cause any building, structure, place or
premises to be inspected and examined and to order in writing the
remedying of any condition found to exist therein or thereat in viola-
tion of any provision of the regulations made under authority of this or
the preceding paragraph. The owner or general agent of the building or
premises where a violation of any provision of said regulations has been
committed or shall exist, or the lessee or tenant of an entire building or
entire premises where such violation has been committed or shall exist,
or the owner, general agent, lessee or tenant of any part of the building
or premises in which such violation has been committed or shall exist,
or the general agent, architect, builder, contractor or any other person
who commits, takes part or assists in any such violation or who main-
tains any building or premises in which any such violations shall exist
shall be guilty of a misdemeanor, punishable by a fine of not less than
ten dollars and not more than one hundred dollars, if the offense be not
willful, or not more than two hundred and fifty dollars if the offense be
willful, and in every case of ten dollars for each day after the first day
that such violation shall continue. In any case of the existence of a
violation of any provision of said regulations the owner, lessee, tenant or
agent shall be subject to a civil penalty of fifty dollars. Any such person
who having been served with an order to remove any such violation, shall
fail to comply with said order within ten days after such service or shall
continue to violate any provisions of the said regulations in the respect
named in such order shall also be subject to a civil penalty of two hundred
and fifty dollars. (Acts nineteen hundred and twenty-seven, extra ses-
sion, page one hundred and thirty-eight. )

Section 42-a. Housing.—The council may provide, by ordinance,
for safe and sanitary housing accommodations for families of low in-
come and for such purpose may prepare plans for housing project
authorize the construction, reconstruction, alteration or repair of an
housing project or part thereof and maintain any housing constructed c
acquired by the city. All property both real and personal acquired, ownec
leased, rented or operated for housing projects shall be deemed publ:
property for public use, and the providing of safe and sanitary housin
to families of low income is hereby declared to be a public use and
public purpose.

Section 42-b. Housing Authority—The council may create
housing authority of such number, terms and compensation of member
as the council may determine and may delegate to the housing authorit
such powers relating to the planning, construction, reconstruction, altera
tion, repair, maintenance or operation of housing projects and housin;
accommodations as the council may determine,

Section 43. Repealing Clause.—All acts or parts of acts in conflic
with this charter, in so far as they affect the provisions of this charter
and all former, charters and amendments thereto for the town of Blacks
burg, Virginia, are hereby repealed.

Section 44. Citation of Act.—This act may for all purposes be
referred to or cited as the Blacksburg charter of nineteen hundred anc
forty-two.

2. An emergency existing, this charter shall be in force from it:
passage. ,

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