Chap. 480.—An ACT to provide a new charter for the Town of Chatham, in the
County of Pittsylvania; to validate all contracts heretofore or hereafter made
by the present governing body and council while in office, not inconsistent with
this new charter or the Constitution and general laws of this State; and to
repeal all acts or parts of acts in conflict with this act. fH B 528]

Approved April /, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. The Town Corporate——The inhabitants of the terri-
tory comprised within the present limits of the Town of Chatham, as
such limitations are now or may hereafter be altered and established by
law, shall constitute and continue a body, politic and corporate, to be
known and designated as the Town of Chatham, and as such shall have
and may exercise all powers which are now or hereafter may be con-
ferred upon or delegated to towns under the Constitution and laws of
the Commonwealth or 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, exercise and enjoy all the rights, immunities, powers and privi-
leges and be subject to all the duties and obligations now appertaining to
and incumbent on said town as a municipal corporation, and said Town
of Chatham, 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. |

Section 2. The Town Boundary.—The corporate limits of the
Town of Chatham, Virginia, as heretofore established, are hereby re-
established, and shall be taken and deemed as the Town of Chatham
as follows:
Beginning at a point near the freight depot where State Route
Number Fifty-seven crosses the western margin of the old Virginia
Midland Railroad right-of-way; thence along the western right-of-way
line of the Virginia Midland Railroad about one-half of a mile to a
branch; thence up branch to a fork near White’s old spring; thence up
White’s spring branch to a spring near the Hodnett’s Mill Road; thence
north about three hundred feet to the south margin of the Hodnett’s
Mill Road, and thence in an easterly direction along the south margin
of said Hodnett’s Mill Road to the intersection with the west margin
of U. 5. Route Number Twenty-nine; thence across the right-of-way
of U. S. Route Number Twenty-nine, and at right angles to the center
line, to the east margin of right-of-way; thence a straight line to the
north margin of the Chatham-Chalk Level Road at a metal culvert near
the residence of R. M. Taylor; thence down ravine and branch (known
as ‘'an Yard Branch) to the south margin of Viccellio Street where it
intersects the west margin of Tan Yard Branch, said point being in the
property now owned by V. O. Mundy, and is near the old Viccellio
home; thence in a straight line to the east margin of U. S. Route Num-
ber Twenty-nine, at the property corner between T. J. Patterson Estate
and the colored cemetery property; thence along the east margin of
U. S. Route Number Twenty-nine to a point opposite the southern line
the J. Hurt Whitehead residence lot; thence In a Weslttily ieee
ross U. S. Route Number Twenty-nine, and along the southern margin
the J. Hurt Whitehead residence lot, a distance of about six hundred
et, to a point in the Chatham Cemetery; thence in a southwesterly
rection to the western right-of-way line of the old Virginia Midland
ailroad right-of-way, and thence along the said right-of-way line to the
oint of beginning.

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

(1) To raise revenue as hereinafter provided, in accordance with
nis charter and the laws of the State of Virginia.

(2) To impose special and local assessments for local improve-
ients as hereinafter provided in accordance with general laws of this
state. .
(3) To impose a tax not exceeding one dollar per annum upon all
versons residing in said town above the age of twenty-one years, not
xempt from the payment of State capitation tax.

4) To contract debts, borrow money, and make and issue evI-
lences 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
the town, for any purpose of the town; and to hold, improve, sell, lease,
mortgage, pledge or otherwise dispose of the same or any part thereof,
including any property 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, prop-
erty rights, and riparian rights as the council of the said town may deer
necessary for the purpose of providing an adequate water supply to the
said town and piping and conducting the same; to lay, erect and main:
tain all necessary mains and service lines, either within or without th
corporate limits of the said town, for the distribution of water to it:
customers and consumers, both within and without the corporate limit:
of the said town and to charge and collect water rents therefor ; to erec
and maintain necessary dams, pumping stations and other works 1
connection therewith; to make reasonable rules and regulations fo
promoting the purity of its said water supply, and for protecting th
same from pollution; and for this purpose to exercise full police power
and sanitation patrol over all land comprised within the limits of th
water shed, tributary to any such water supply wherever such lands ma
be located in this State ; to impose and enforce adequate penalties for th
violation of any such rules and regulations ; and to prevent by injunctio
any pollution or threatened pollution of such water supply, and any at
all acts likely to impair the purity thereof, and to carry out the powers
herein granted, and said town may exercise within the State all powers
of eminent domain provided by the laws of the State.

(9) To acquire by gift, purchase, exchange or by right of exer-
cise of the power of eminent domain within this State lands or any in-
terest 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 to acquire and install machinery and equipment,
and build the necessary roads or tramways thereto, operate the same
for producing material required for any and all purposes of the town.

(10) To provide in or near the town lands to be used as burial
places for the dead; to charge for and to improve and care for and
regulate the use of the ground therein; to cooperate with any non-profit
corporation or society 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, and the said 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 perpetual upkeep
and care of the said lot or burial plot, for which the said donation, gift
or bequest shall have been made; and said town is further empowered
to subdivide any such land acquired as burial places for the dead into
lots and to sell or otherwise dispose of the same to person or persons,
and to contract with such person or persons, either at the time of sale
or other disposition of said lot or lots, or at any other time, for temporary
or permanent care and maintenance, by payment of such sum or sums to
the said town as it may deem sufficient, to be held and invested by it,
the income to be used for said permanent care and maintenance, and in
all such cases, such permanent care shall be consistent with the general
rules and regulations governing such burial place as may be designated
by the council of the said town. And all acts of the said town in accepting
from any cemetery or other private company, society or corporation any
such land to be used as a burial place for the dead, whether said land
had been heretofore used or not, as well as all contracts and agreements
made with any person or persons for perpetual care and maintenance are
hereby declared valid. : ,

(11) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, make reasonable charges
therefor ; to acquire and operate reduction or any other plants for utiliza-
tion or destruction of such material or any of them; to contract or regu-
late the collection and disposal thereof, and to require the collection and
disposal thereof, and to acquire land within or without the said town
for said purpose.

(12) 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. !

(13) 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 limits
of the town or within one mile thereof.
920 ACTS OF ASSEMBLY [va., 1942

(14) To construct, maintain, regulate and operate public improve-
ments of- all kinds, including municipal and other buildings, markets
and all buildings and structures necessary and appropriate 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,
playgrounds 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, streets,
alleys, parks, public grounds and works; to plant and maintain or remove
shade trees along the streets and upon such public grounds; to prevent
the obstruction of such streets, alleys and highways, abolish and prevent
grade crossings over the same by railroads in the manner provided by
general law for the elimination of grade crossing; to require any rail-
road company operating a railroad at a place where any highway or
street is crossed within the limits of the town to erect and maintain at
such crossing proper gates and keep a person in charge thereof, or keep
a flagman at such crossings during such hours as the council may require
in accordance with general laws; to regulate, except in so far as may be
prohibited by State law, the operation and speed of automobile and
vehicles upon said streets and highways, as well as the speed of all
engines, cars and trains on railroads within the town; and to do all other
things whatsoever adapted to make said streets and highways safe, con-
venient and attractive.

(16) In addition to the parks and playgrounds above provided
for, the said town may also operate parks, playgrounds, and public
grounds without the corporate limits of said town, and may place thereon
stadiums, swimming pools, recreation and amusement buildings, struc-
tures or enclosures of every character, and charge admission, and may
rent out or lease the privileges of the same.

(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 against the proper tenant or ten-
ants; and may by ordinance require a deposit of such a reasonable
amount as it may by such ordinance prescribe before furnishing such
service, to either owner or tenant.

(18) To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require 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 limits, all land, rights-of-ways, riparian and other
rights and easements necessary for the said purpose, and to charge and
assess and collect reasonable fees, rentals, assessments or costs of serv-
ice for connecting with and using the same. _ .
(19) Subject to the provsions of the Constitution and general
laws and this charter to grant franchises for public utilities. ,

(20) To charge and collect fees for permits to use public facilities
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 services 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 re-
quire all lands, lots and other premises within the town to be kept clean
and sanitary and free from stagnant water, weeds, filth, and unsightly
deposits, or to make them so at the expense of the owners or occupants
thereof, and to collect said expense by suit or motion or by distress and
sale; to regulate or prevent slaughter houses or other noisome or offen-
sive business within the said town, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate the
transportation of all articles through the streets of the town; to compel
the abatement of smoke and dust, and prevent unnecessary noise ; to regu-
late the location of stables and the manner in which same shall be kept
and constructed; to regulate the location, construction, operation and
maintenance of billboards and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, aesthetics,
safety, convenience and welfare of the inhabitants of the town; and to
require all owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary, free from all weeds, filth,
unsightly deposits and ice and snow.

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

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

(24) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers ; and where in the
opinion of the governing body of the town the same is necessary, to
contribute to organizations providing for care, support or maintenance
of sick, aged, insane or poor persons and paupers.
922 ACTS OF ASSEMBLY [va., 1942

(25) To prevent the riding and 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
annoying to passersby, and to prohibit the abuse of animals.

(26) To acquire in any lawful manner, for the purpose of en-
couraging 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 sell or lease the same or any part thereof for industrial
or commercial use and purposes, irrespective of the consideration paid
for such lease or sale.

(27) 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 to expel
therefrom any such person who has been in said town less than twelve
months. 3

(28) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent and quell riots, disturbances, and disorderly assem-
blages; 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 twelve months.

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

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

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

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

(33) To give names to streets and to alter and change the same.

(34) To regulate, permit or prohibit poles and wires for electric,
telephone and telegraph purposes to be erected and gas or other pipes
to be laid in the streets and alleys, and to prescribe and collect annual
charges for such privileges, hereafter granted; to require the owner
or lessee of an electric light, telephone or telegraph pole or poles or wires
now in use or hereafter erected, to change the location or move the same;
to require all telephone and telegraph wires and all wires and cables
carrying electricity, hereafter installed, to be placed in conduits under-
cH. 480] ACTS OF ASSEMBLY IL

ground, and prescribe rules and regulations for the construction of such
conduits, provided that none of the rights exercised by town in ac-
cordance with this paragraph shall be inconsistent with the provisions
of any franchise granted by town.

(35) To enact and carry out zoning ordinances, and building
codes within the limits of the said town, in conformity with laws of the
State of Virginia, and to provide for changes therein, and by ordinance
from time to time to modify and change the same.

(36) To enact and carry out plumbing and heating ordinances
and to regulate in the limits of the town the installation of water, gas,
and heating pipes, and lines, fixtures, boilers and plants, on private or
public property, and to regulate and supervise the installation of the
same.

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

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

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

(40) To pass and enforce all by-laws, rules, regulations and
ordinances which may be deemed 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,
pass such other laws, as may be necessary or proper to carry into full
force and effect, all powers, authority, capacity or jurisdiction which
is or shall be granted or vested in said town, in the council, court, or
other officers thereof, or which may be necessarily incident to a municipal
corporation.

(41) To provide reasonable penalties for violation of any town
ordinance, rule or regulation or any provision of this charter, not exceed-
ing penalties prescribed by the general laws of the State of Virginia.

(42) To appoint a town sergeant who shall qualify and give
bond, if any required, in such amount as the council may deem proper.
He shall be vested with powers of a conservator 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 from time
to time be prescribed by the council.

(43) The mayor, the town councilmen, the town sergeant and
the members of the police force of the town shall have jurisdiction,
power and authority in criminal and police matters for one mile from
the corporate limits of the said town.

Section 4. Administration and Government.—

(1) The present mayor and council of the town of Chatham shall
continue in office until the expiration of the term for which they were
respectively elected, or until their successors are duly elected and quall-
fied.

(2) Except as otherwise provided in this charter, all powers of
the town and the administration and government of the said town shall
924 ACTS OF ASSEMBLY [va., 1942

be vested in the council of the Town of Chatham, and such boards or
officers as are hereafter mentioned, or may be by law otherwise provided.

(3) On the second Tuesday in June, nineteen hundred and forty-
two, and every two years thereafter, there shall be elected by the quali-
fied voters of the Town of Chatham, one elector of the town, who shall
be denominated mayor, and six other electors who shall be denominated
the councilmen of the town, and said mayor and councilmen shall con-
stitute the town council. They shall enter upon the discharge of the duties
of their offices on the first day of September next succeeding their elec-
tion, and shall continue in office until their successors are duly elected
and qualified. Every person elected shall take an oath faithfully to execute
and discharge the duties of his office to the best of his judgment, and
the mayor shall take the oath prescribed by law for State officers. The
failure of any person elected or appointed under the provisions of this
act to qualify or to take the oath required, within the time prescribed
for entering upon the discharge of the duties of the office to which he is
elected or appointed, shall vacate the said office, and the council shall
proceed and are hereby vested with power to fill such vacancy in the
manner herein prescribed. |

(4) There shall be appointed for the town a registrar and officers
of election in the manner provided for by general law of Virginia, and
all elections held in said town shall be governed in accordance with said
general law ; the electorate shall be that prescribed by general law.

(5) The council of the town shall judge the election, qualification
and return of its members; may fine them for disorderly conduct, and
with concurrence of two-thirds vote of the council, expel a member. If
any person returned, be adjudged disqualified, or be expelled, a new
election to fill the vacancy shall be ordered by the council and held on
such day as it may designate by ordinance. Any other vacancy occurring
during the term of any member of the council shall be filled by the
council by the appointment of any one eligible to such office. A vacancy
in the office of mayor shall be filled by the council from the electors
of the town, and any member of the council may be eligible to such office.

(6) For the transaction of business by the council, four members
of whom the mayor may be counted as one, shall constitute a quorum.

(7) Each member of the council may receive a salary to be fixed
by the council, payable at such times, and in such manner, as the council
may direct, but the salary paid to any one member during any year
shall not exceed the sum of sixty ($60.00) dollars per annum; the mayor
may receive a salary to be fixed by the council, payable in such manner
and at such times as the council may direct, not to exceed the sum of
five hundred ($500.00) dollars per annum; and the council is also em-
powered to provide that the salary of the mayor shall be in lieu of any
fees he is entitled to receive for acting as justice of the municipal court.
The present acting council of the town shall receive no salary for their
services during the remaining part of their present term, but may set a
salary for both mayor and councilmen to begin on and after the first day
of September, nineteen hundred and forty-two. a

(8) The mayor shall preside at the meetings of the council and
perform such other duties as may be prescribed by this charter and by
cH. 480] ~ ACTS OF ASSEMBLY 925

seneral law, and such as may be imposed by the council, consistent with
his office. The mayor shall have no right to vote in the council except
that in case of a tie vote then the mayor shall vote. The mayor shall, un-
less the council shall by resolution place the trial of violations of town
ordinances in the hands of the trial justice, or some other duly authorized
person, be clothed with authority to try all violations of any ordinance
of the town, and shall be a conservator of the peace within the limits of
the town.

(9) The council shall, as soon as practicable, after qualification,
choose one of its members as vice mayor. The vice mayor shall perform
the duties of the mayor during his absence or disability, and in event of
a vacancy for any reason in the office of mayor, he shall serve until a
mayor is duly appointed by the council or is elected. The said vice mayor
shall continue to have all rights, privileges, powers, duties and obliga-
tions of councilman while performing the duties of mayor during the
absence or disability of the mayor of the town, and the said vice mayor
shall be clothed with authority to try all violations of any ordinance of
the said town in absence of the mayor or in event of the mayor for any
reason being disqualified to try any such violation. In the absence of the
mayor or vice mayor, the mayor may designate a member of the council
to perform his duties.

(10) The council shall, by ordinance, fix the time for their meet-
ings, but shall have at least one meeting each month. Special meetings
shall be called by the clerk at the instance of the mayor or any three
members of the council, in writing; no business shall be transacted at a
special meeting but that for which it shall be called, unless the council be
unanimous. The meetings of the council shall be open to the public except
when in the judgment of the council the public welfare shall require
exectitive sessions. , ,

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

12) The council may adopt rules for regulating its proceedings,
but no tax shall be levied or corporate debt contracted except by a vote
of two-thirds of the council, four votes being counted as two-thirds,
which vote shall be taken by yeas and nays, and recorded in the minute
book. It may appoint such committees as may be deemed proper for the
transaction of business, and may compel attendance of absent members.

(13) The council may require the mayor to communicate to it
annually as soon after the close of the fiscal year, or oftener, if neces-
sary a general statement of the condition of the town in relation to its
government, finances and improvements, with such recommendations as
he may deem proper. He shall exercise a constant supervision over the
conduct of all subordinate officers, have power and authority to investi-
gate their acts, have access to all books and documents in their offices,
and may examine such officer on oath. He shall have power to suspend
all officers appointed by the council until the next regular meeting of
the council, but such suspension shall in all cases be for misconduct in
office or neglect of duty, to be specified in the order of suspension.
926 ACTS OF ASSEMBLY , [va., 1942

In case of suspension of any officer the mayor shall submit a written
report of the same to the council at its next regular meeting, or any
meeting called for that purpose, specifically designating the charge
against the officer and reasons for dismissal, and in case of suspension
by the mayor, he shall have power to appoint some other person in his
place to hold such office and perform the duties thereof until the next
regular meeting of the council.

(14) Every ordinance passed by the council for the violation of
which a penalty is imposed shall be published in such way as the council
may order, so as to give general publicity thereto, and no order may
become effective until so published, either by handbills posted in at least
two public places, or in a newspaper published and having general cir-
culation in the town, except in the case of an emergency, in which in-
stance the ordinance shall so state and shall become effective immediately
upon its passage. If published by handbill, a certification of the posting
thereof shall be made by the clerk or sergeant as to the time and place
where the ordinance is recorded, provided however, that after the expira-
tion of six months from date of the passage of any ordinance, its publi-
cation shall not be questioned, or its validity affected by any failure to
publish the same.

Section 5. Town Clerk.—At its first meeting in September of
nineteen hundred and forty-two, or as soon thereafter as practicable,
and every two years thereafter, there shall be appointed by the council
a clerk, who shall hold office for a period of two years, unless sooner
removed by the council for cause, and said clerk shall attend all meetings
of the council, and shall keep a permanent record of its proceedings
as hereinbefore set out; he shall be custodian of the town seal, and shall
affix the same to all documents and instruments requiring a seal, and
shall attest the same; he shall keep all papers, codes, documents, and
records pertaining to the town, the custody of which is not otherwise
provided for in this charter. He shall give all notices to all parties, pre-
senting petitions or communications to the council of the final action of
the council on such petitions or communications; he shall publish such
reports and ordinances as the council is required to publish, and such
other records and ordinances as it may direct; he shall perform such
other acts or duties as the council may, from time to time, require.

Section 6. Town Treasurer.—

(1) There shall be appointed by the council at its first meeting
in September of nineteen hundred and forty-two, or as soon thereafter
as practicable, and every two years thereafter, a treasurer, who shall
hold office for a term of two years, who before entering upon the dis-
charge of his duties shall give bond with sufficient surety to be approved
by the council, in the penalty of such amount as may be fixed by the
council from time to time, payable to the Town of Chatham, conditioned
for the true and faithful performance of the duties of his office. The
treasurer shall be responsible for the collection of all taxes, licenses, and
levies and charges for services furnished by the public utilities of the
town. The council shall have the authority to place in the hands of a
town collector to be designated by it, the collection of any taxes, licenses
and other levies at any time if in the discretion of the council it shall be
proper so to do.

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

(3) The funds of the town shall be deposited by the treasurer
in such bank or banks as the council may direct, and:such bank or banks
may be required to give security in such sum or sums as the council shall
fix. He shall keep books showing accurately the date of his accounts and
the money of the town shall be kept distinct and separate from his own
money, and he is prohibited expressly from using directly or indirectly
the town’s money for his own benefit, or the benefit of any other person
or persons whomsoever, and any violation of this provision shall subject
him to immediate removal from office. _

(4) The town treasurer shall, when required by the council,
render an account to the council showing the state of the treasury and
balance of money on hand. He shall also, when required by the council,
accompany such account with a statement of all moneys received by him
on what account with a list of checks paid by him during the month
closed, and shall furnish such other information as the council may
direct, and at all times the accounts and books of the treasurer shall be
open to inspection by the mayor and council, and to any other person
or persons appointed by the council to inspect the same.

(5) All taxes, levies and other sums of money received by the
town treasurer belonging to the Town of Chatham, shall be credited on
the books of the treasurer, and paid out by him only on a warrant of
the clerk of the council, countersigned by the mayor. ,

(6) The treasurer shall perform such other duties as may be
required by the council, not inconsistent with the general laws of the
State, and he shall receive for his services such compensation as the
council may deem proper.

Section 7. The clerk of the council and the treasurer of the town
may be one and the same person in the discretion of the council.

Section 8. 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 admin-
istrative qualifications, and shall have some knowledge of civil, mechan-
ical and electrical engineering, and need not when appointed be a resident
of the town or State, but during his term of office he shall reside in the
limits of the town; he shall be appointed for a term acceptable to the
town council and the town manager, not to exceed two years, to end in
any event with the terms of office of the council making his appoint-
ment, but may be reappointed by the succeeding council. He may be
removed by the council for any cause deemed sufficient to the council,
928 ACTS OF ASSEMBLY [va., 1942

but the town manager may require notice in writing, and shall have the
right to be heard before the council prior to a vote to rernove him. The
action of the council in suspending and removing the town manager
shall be final. The council shall have the authority to place the control
and supervision of the police force of the town under either the mayor
or town manager.

(2) Except as otherwise provided in this charter, the town man-
ager, subject to the consent of the town council, may appoint or employ,
and he may remove or discharge officers, employees and assistants, as
may be necessary to carry on the work of those departments of the
town committed to him by ordinance, in all their respective details, in an
economical and satisfactory manner. The salary 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 council. His
actions in all respects shall be subject to review by the council, and he
shall be accountable to the town council only.

Section 9. Taxes.— ,

(1) In addition to all other powers mentioned in this charter and
granted by general law, the town council shall have power to raise an-
nually by taxes and assessments in the said town on all subjects or taxa-
tion of which by incorporated towns is not forbidden by general law,
such sums of money as the council may deem necessary for the purpose
of the town, and in such manner as the council shall deem expedient,
in accordance with the constitution and laws of this State and of the
United States. , ,

(2) The town council may levy a tax or license on any person;
firm or corporation pursuing or conducting any trade, business, pro-
fession, occupation, employment or calling whatsoever, within the boun-
daries of the town, whether a license may be required therefor by the
State or not, and may exceed the State license, if any be required, except
when prohibited by general law. , .

(3) Any payment of delinquent taxes made by the tenant, unless
under express contract contained in his lease, shall be a credit against
the person to whom he owes the rent. -

(4) The council may require owners of motor vehicles, trailers,
semi-trailers, and other vehicles of any kind, residing in the town,
licenses for the privilege of operating such vehicle in the town, such
license to be issued and the fee therefor fixed by the town council.

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

(6) The council may add penalties for failure of any person or
firm or corporation to pay taxes or licenses at the time provided for by
ordinance of the council, and there shall be a lien for all taxes assessed
which may be enforced as provided by general law of the State.

(7) The council may, by a two-thirds vote of the body, exempt
real and personal property used for manufacturing purposes or other
enterprises from all:taxes for municipal purposes for a period not ex-
ceeding five years, if it deem it expedient to do so in order to encourage
the establishment of such enterprise therein.

(8) The assessment of real and personal property in the town, for
the purpose of municipal taxation, shall be the same as the assessment
of such property for the purpose of county or State taxation, where
there is a county or State assessment of such property.

(9) The council, in the name of and for the use of the town, may
contract loans, incur indebtedness and cause certificates of debt or bonds
to. be issued, whenever two-thirds of its members by a recorded vote
decide that it is to the interest of the town so to do, but such council
may only borrow money to the extent prescribed by the Constitution
and laws of this State. But the council shall issue no bonds or certificates
of debt, except in anticipation of current revenue, until it shall have
first submitted to the qualified voters of said town the question of
whether or not such bonds shall be issued and a majority of the qualified
voters voting at any election held for such purpose shall have voted for
such issue. Such election shall be held under the provisions of the general
laws of this State, except the council shall have power to call such
election and fix the date thereof by ordinance, copy of which shall be
published at least five days beforehand in some newspaper published
in said town. The publisher of the newspaper shall certify to the publica-
tion thereof, which certification shall be recorded in the minute book of
the town. The judges conducting any such election -shall certify the
returns to the clerk of the circuit court of Pittsylvania County and to
the said council, not to the judge of the circuit court. of said county:

_ (10) Any bonds which may be issued under this charter may be
either registered or coupon bonds; they shall be issued in such denomina-
tions and bear such rate of interest, not exceeding six per cent, as may
be determined by the council; they shall be made payable at such time
or times as the council may prescribe, not exceeding thirty years from
their date, and may, at the option of the council, be made redeemable
after such times as the council may prescribe; and the interest thereon
may be made payable at such place as the council may designate, either
annually or semi-annually. Any issue of bonds under this act shall be
signed by the mayor and countersigned by the clerk of the council, with
the town seal attached; they shall be sold in the manner as the council
may prescribe, and the proceeds from such sale shall be used and ex-
pended under the order of the council. In case of an issue of bonds to
refund any outstanding bonded indebtedness heretofore made by the
said town under any act or charter, may be done by ordinance of the
council, but no vote by the people shall be necessary at an election for
said purpose. Such bonds shall be known as refunding bonds.

(11) 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 of real estate
for town taxes, and for the redemption of real estate sold for town
taxes, shall be the same as provided in the general laws of the State to
the same extent as if herein fully set out. The said town and its treasurer
930 ACTS OF ASSEMBLY [va., 1942

shall have the benefit of all other additional remedies for the collection
yf town taxes which are now or hereafter may be granted or permitted
by and under the general law.

Section 10. Sinking Fund.—

(1) The council may provide for a sinking fund for the purpose
of paying off any outstanding indebtedness of the town, if it matures, or
to provide for any additional indebtedness hereafter made, and may make
an additional levy therefor, said sinking fund to be set aside and invested
as hereinafter provided for, but this section does not authorize any
additional levy to pay the interest or create a sinking fund for any
bonded indebtedness of the town now outstanding.

(2) 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 council may if it so elect, cause
its sinking fund to be loaned on improved real estate, situated in the
Town of Chatham, not to be loaned to a greater amount than fifty per
cent of the fair market value of the property, and fire insurance shall be
carried on the property during the loan in an amount at least equal to
the face value of the amount of the loan, which money shall be loaned
at not exceeding six per cent per annum, payable semi-annually, and for
no longer than for two years at any one time.

(3) 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 reason-
able time be required for payment of any bond of the town, or cannot
be used to advantage in purchase and redemption of any bond 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 unencumbered real estate within the Town of Chatham, upon
the basis hereinbefore provided, or invested in any security approved
by the general laws of the State of Virginia for investment of such
funds, or deposited in bank on a reasonable rate of interest. Such sink-
ing funds may be used in the payment or purchase and redemption of
all bonds of the town at the discretion of the council.

(4) The town council shall act as the sinking fund commission
or committee and shall provide for the investment, deposit and applica-
tion of the funds in conformity to the provisions of this charter; and
may require any bank or banks receiving on deposit its revenues or any
of its sinking fund a fidelity bond or other security.

Section 11. Actions Against Town for Damages, Etc.—

(1) 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 negligence of the town, or any officer, agent or employee
thereof, unless a written statement, verified by oath of the claimant, his
agent or attorney, or the personal representative of any decedent whose
death is a result of the alleged negligence of the town, its officers, agents,
or employees, of the nature of the claim and the time and place at whick
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, and the town is hereby authorized to appoint such an
attorney, 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. No officers, agents, or employees
of the town shall have authority to waive such conditions precedent or
any of them.

(2) 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 negli-
gence, every such person or corporation shall be joined as defendant
with the town in such action brought to recover damages for such
negligence, and where there is a 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.

(3) If it be ascertained by the judgment of the court that some
person or corporation other than the town is primarily liable, there shall
be a stay of execution against the town until execution against such
person or persons or corporation or corporations shall have been re-
turned without realizing the full amount of such judgment.

(4) If the town, when not primarily liable, shall pay the said
judgment in whole or in part, the plaintiff shall, to the extent that the
said judgment is paid by the town, assign the 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 to enforce the said judgment, or an action at law, or scire facias
to revive the said judgment.

(5) No order shall be entered or made, and no injunction shall be
awarded by any court or judge, to stay 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 in this
charter, and that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

(6) The council of said town is authorized and empowered to
compromise any claim for damages or any suit or action brought against
said town. | ,

Section 12. Dedication of Streets and Plats Thereof.— |

(1) No plat showing a new street or highway within the town
shall be filed or recorded in the office of the clerk or of any county until
such plat shall have been approved by the council. The council shall not
approve any such plat unless the streets and highways provided for
therein are of sufficient width, of proper grades and suitably located to
meet the probable traffic needs, to afford adequate light, air, and access
of the fire apparatus to such buildings as may be erected along the pro-
posed streets and highways; and to insure healthful conditions on the
land adjacent to such streets or highways. The council may. in an-
932 ACTS OF ASSEMBLY [va., 1942

propriate cases, require that a plat before being approved shall provide
adequate open space for parks, playgrounds, or other recreational uses;
but the inclusion of such open spaces upon a plat does not require their
dedication to public use.

(2) Before approving any plat, and thereby accepting the dedica-
Hon of the streets, alleys and highways thereon, the council shall require
the owner thereof to execute and deliver to the Town of Chatham a release
and waiver of any claim or claims for damages which such owner, his
heirs, successors or assigns may have or acquire against the said town by
reason of establishing proper grades and grade lines along such streets,
alleys, or highways, and by reason of doing necessary grading and filling
for the purpose of placing such streets and alleys and highways upon
the proper grade, and releasing the said town irom building any retaining
walls along the streets, alleys, or highways, and property lines or for any
damage to property abutting by reason of the construction of any drain
or pipe line for removal of suriace water, whereby water is emptied on
or drained from such adjacent or abutting property. Such release or
waiver may be required to be in writing and executed on the plat or on
a written instrument accompanying the same, and all of which shall be
filed of record in the clerk’s office of the County of Pittsylvania.

(3) Before approving any such plot the town council may, at its
discretion, require the owner of such land to grade the streets and alleys
thereon, according to grade or grade lines approved by the council. By
the acceptance of any such plat, street, alley or highway as above set out,
there shall be no liability upon the town to surface such street, or to
install any sewage, water, gas, lights or other improvements, until in the
judgment of the council the same is required.

Section 13. Validation of Contracts——All contracts and obliga-
tions heretofore or hereafter made by council of the Town of Chatham,
while in office, not inconsistent with this charter, or the Constitution, or
the general laws of this State shall be, and hereby are declared to be
valid and legal.

Section 14. Ordinances to Continue in Force.—All ordinances now
in force in the Town of Chatham, not inconsistent with this charter, shall
be and remain in full force until altered, amended or repealed by the
council of the said town.

Section 15. 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
impair or invalidate the remainder of the said act, but shall be confinec
in its operations to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which said judgment shall be rendered

Section 16. 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 Chat
ham, are hereby repealed.

Section 17. Citing Clause——This act may for all purposes be citec
or referred to as the Town of Chatham Charter of Nineteen Hundrec
Forty-two.
? 2. An emergency existing, this act shall be in full force and effect
from its passage. oe oo A