Chap. 210.—An ACT to amend and re-enact Sections 20, 25, 37, 40, 47 and 49 of
Chapter 217 of the Acts of Assembly of 1918, approved March 14, 1918, which
provided a new charter for the City of Clifton Forge, relating to powers of
council, taxation, issuance of bonds, disbursements, licenses and Commonwealth's
Attorney. [S 174]

Approved March 14, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections twenty, twenty-five, thirty-seven, forty, forty-
seven and forty-nine of chapter two hundred seventeen of the Acts of
Assembly of nineteen hundred eighteen, approved March fourteen, nine-
teen hundred eighteen, be amended and re-enacted, as follows:

Section 20. Adopt Rules, Appoint officers, Et Cetera—The city
council shall have authority to adopt such rules and appoint such officers.
committees or clerks as they may deem proper for the regulation of their
proceedings and for the convenience of business, to compel the attend-
ance of absent members, to punish its members for disorderly behavior,
and, by a vote of three-fifths of the whole council. to expel a member
for malfeasance or misfeasance in office. They shall keep a minute book,
in which their clerk shall note the proceedings of the council, and shall
record said proceedings at large on the record book and keep the same
properly indexed. The meetings of the council shall be open to the public,
except when the public welfare shall require secrecy.

Section 25. Taxation. For the execution of its powers and duties
the city council may, except as prohibited by general law, raise taxes
annually, by assessment in said city, on all subjects taxable by municipali-
ties, such sums of money.as they shall deem necessary to defray the
expense of the city and to pay the interest on the debt of said city, in such
manner as they shall deem expedient (in accordance with the laws of
this State and the United States) ; provided, that no tax upon real and
personal property in said city shall exceed two dollars and ten cents
upon the one hundred dollars assessed value thereof, unless a rate in
excess of said two dollars and ten cents is permitted by the general laws
of this State, and provided also, that for ten years from the first day of
January, nineteen hundred and forty-four, if the council deem it ex-
pedient, they may provide by resolution passed by three-fifths of the
entire council that no corporation tax shall be levied upon the machinery,
implements, money and capital of any new manufacturing establishment
actually in use for manufacturing purposes, within the said city, for the
term of five years or less; provided, that the applicants for such exemp-
tion of corporation taxes shall enter into satisfactory written agreement
with the city council to operate their respective manufacturing plants
during the term of exemption. The provisions of this section are not
intended to apply to any manufacturing plant that has been erected, but
is intended to be used only to encourage the building of new manufactur-
ing plants in the city.

Section 37. Bonds. The council for the city of Clifton Forge,
whenever in the opinion of four-fifths of its members, it is to the in-
terest of the city so to do, may borrow money for the uses and purposes
of the city; and to that end, said council, by a recorded vote, showing
that four-fifths of the members of the council are of the opinion that it
is to the interest of the city so to do, may from time to time issue and
sell bonds of said city, which bonds may be either registered or coupon,
and shall be issued in such denominations and bear such rate of interest,
not exceeding six per centum per annum, as may be determined by the
council. Such bonds shall be made payable in gold or currency, not
exceeding thirty years from their date, and may at the option of the
council be made redeemable, in whole or in part, after such time or times
as the council may prescribe; the interest shall be payable annually or
semi-annually as the Council may determine; and the council may exempt
any or all of said bonds from city taxes, in which case a clause to that
effect shall be inserted in each bond. No bond so issued shall be sold
by the city at less than par. The treasurer shall endorse on each bond
issued and sold, a certificate to the effect that the city of Clifton Forge
has received the amount of said bond from the holder; and when such
certificate is endorsed upon said bond, and signed by the treasurer the
title of the purchaser shall in no case be questioned nor shall the pur-
chaser or any subsequent holder be required to see to the proper appli-
cation of the money by the city and validity of such bonds shall never
thereafter be questioned.

All bonds issued by virtue of this charter, shall be signed by the
mayor, and countersigned by the clerk of the council, and shall have the
seal of the city affixed thereto and said bonds shall be issued and sold
and the proceeds used under the orders of the council. Every bond issued
by the council shall state on its face for what purpose it was issued, and
proceeds of such bonds shall be applied exclusively to the purpose for
which said bonds were issued; but the bonded debt of the city shall at
no time exceed in the aggregate eighteen per centum of the assessed value
of the real estate in the city except as otherwise provided by law. And
provided always, that no bonds shall be issued or sold for the purpose
of subscribing to the stock of any company incorporated for internal
improvement or other purpose; and nothing contained in the charter
shall be held to authorize the council to endorse or guarantee the bonds
of any person or corporation whatever.

Section 40. Disbursements. No money shall be paid out by the
treasurer except upon appropriations made by law or on warrants signed
by the city auditor or such other city officer or city employee as the city
council may from time to time designate and authorize and counter-
signed by the mayor.

Section 47. Licenses. He shall apply to the city auditor or to such
city officer or employee as the city council may from time to time desig-
nate for such purpose, who shall furnish him with the proper license
books and he shall issue all city licenses which the council may direct of
him, and no license shall be issued except from said books and at the
time of issuing said license, the stub which is retained in the books shall
be properly filled out by the commissioner. When he is applied to for
license, he shall ascertain the correct amount, making proper entries,
sign the license books, reports and making the proper entries, sign the
license himself as commissioner and deliver the same to the treasurer,
who shall collect the tax thereon. No license shall be valid until the
treasurer has signed the same and delivered the same to the party, and
no license shall be delivered until paid for. The commissioner is expressly
forbidden to sign the treasurer’s name to the license or any other paper.
He shall, at least, twenty-four hours before each regular meeting of the
city council, leave with the city manager, his license book together with
a list of all licenses issued by him during the preceding month, and he
shall be present at the city finance committee meeting and render to
them any explanation or assistance regarding said license required, and
his acts and doings as commissioner as the committee of the council may
require of him.

Section 49. Commonwealth’s Attorney. There shall be elected by
the qualified voters of the city on the Tuesday after the first Monday
in November, nineteen hundred and twenty-one, and every four years
thereafter, one Commonwealth’s attorney, who shall prosecute in all
cases both for the State and city, in the Trial Justice’s court, and in the
circuit court of the city of Clifton Forge, Virginia. He shall hold his
office for a term of four years and until his successor be elected and
qualified, unless sooner removed, and shall receive such compensation
for his service as may be prescribed by law and such salary as may be
fixed by the city council or otherwise fixed by law.