Chap. 328.—An ACT to provide a new charter for the Town of Pearisburg, in the
County of Giles, and to repeal the existing charter of the town, and all other
acts inconsistent with this act. [S B 250]

Approved March 27, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. The inhabitants of the territory embraced within
the present limits of the town of Pearisburg, as hereinafter defined, or as
the same may be hereafter altered or established by law, shall constitute
and continue a body politic and corporate, to be known and designated
as the town of Pearisburg, and as such shall have and may exercise all
powers which are now, or may hereafter be, conferred upon or delegated
to towns under the Constitution and laws of the Commonwealth of Vir-
ginia as fully and as completely as though all such powers were specifical-
ly enumerated herein. The territory embraced within the present limits
of the town of Pearisburg is described by metes and bounds as follows:

Beginning at an iron pipe stake in the center of a water oak stump,
the same being the northern corner of “King Heights’ subdivision and
in a line of the land of D. W. Mason, then with Mason’s lines, south
seventeen degrees and twenty minutes east one thousand, five hundred,
seventy-eight and twenty-five one-hundredths feet to a white oak ; thence
south six degrees and fifty-eight minutes east seven hundred, thirty-
eight and one-tenth feet to an iron pipe stake in the northern right of
way line of State Highway number eight; thence crossing the highway
and continuing the same direction, south six degrees and fifty-eight min-
utes east one thousand, two hundred sixty-three and two-tenths feet to a
hub in line of the Mistress Daisy Claypool land; thence with said line,
south thirty-five degrees and forty-six minutes east one thousand, three
hundred, twenty-nine and six-tenths feet to an iron pipe stake six and
three-tenths feet northeast of a red oak and one and five-tenths feet
southwest of a dead red oak, a corner of the said Mistress Daisy Clay-
pool land and the land of Frank Pack; thence with Pack, south thirty-
nine degrees east seven hundred, seventy-four and three-tenths feet to a
post; thence south seventy-nine degrees and forty-four minutes east
three hundred, seventy-nine and four-tenths feet to the head of a spring;
thence south forty-eight degrees and ten minutes east one hundred, thirty-
seven and twenty-five one-hundredths feet to a nail and cap in road;
thence south fifty-six degrees and ten minutes east three hundred and
thirty feet to a nail and cap in said road; thence south eleven degrees and
ten minutes east one hundred, ninety and nine-tenths feet to an iron pipe
stake in old road bed, a corner of the lands of Frank Pack and Arch
Pack; thence with the latter, south forty-four degrees and twenty-seven
minutes west one thousand, three hundred, sixty-four feet to a post at
draw bars in fence; thence south eighty-nine degrees and sixteen min-
utes west five hundred, fifty and five-tenths feet to an iron pipe stake in
fence, six feet northward from a marked chestnut in a line of the land of
Martha Santolla Williams; thence with her lines, north twelve degrees
and five minutes east three hundred, fifty-four and two-tenths feet to an
iron pipe stake in an old chestnut stump; thence north eighty degrees and
fifty minutes west one thousand, thirty-two and two-tenths feet to an
iron pipe stake three feet southward from a locust; thence north seven-
teen degrees and five minutes west seven hundred, forty-six and four-
tenths feet to a post thirty-four feet eastward from a large white oak;
thence south seventy-six degrees and ten minutes west two thousand,
nine hundred, eighty-eight and eight-tenths feet to an iron pipe stake
by the south side of a post, a corner of the land of Robert A. Johnston
and Nannie Buchanan Ballard; thence with the latter, north twenty-
nine degrees west three hundred, seventy-one and six-tenths feet to an
iron pipe stake one and five-tenths feet west of an old black oak; thence
with Ballard north sixty degrees and fourteen minutes east one thou-
sand, one hundred, seventy-eight and nine-tenths feet to a post near a
large white oak; thence north seventeen degrees and forty-two minutes
west one thousand, two hundred, thirteen and nine-tenths feet to a locust
post, corner to the J. W. Scott and Sam Thompson lands; thence ap-
proximately north eighty-four degrees west approximately four thou-
sand, eight hundred feet to an iron pipe stake; thence north twenty de-
grees east four. thousand, three hundred, fifty feet, crossing State High-
way number eight and on to a hub in a line between the Negro ceme-
tery and the lands of Doctor H. G. Johnston; thence through the H. G.
Johnston land and the James D. Johnston estate land, north seventy-
two degrees and twenty minutes east two thousand, three hundred, fifty-
four feet to a locust hub in the Old Mill Road; thence north sixty-seven
degrees and twenty minutes east four hundred, fifty-six feet to a chest-
nut; thence north twelve degrees and thirty-five minutes east four hun-
dred, ninety-five feet to a hub; thence north fifty-seven degrees and fifty
minutes east four hundred, forty-five feet to a hub on a line of the land
of F. W. Carper; thence with his line in part and in part with a line of
the Stafford land, south thirty-two degrees and eight minutes east one
thousand, seven hundred, sixteen and five-tenths feet to a fence post;
thence through the Stafford land and the A. E. Shumate land south
seventy-six degrees and fourteen minutes east three thousand, two hun-
dred, forty-two feet to the beginning.

Section 2. The administration and government of the town shall
be vested in a council which sfall consist of seven members, six of whom
shall be denominated the councilmen and one to be denominated the
mayor, all of whom shall be residents and qualified voters of the town.
Each councilman may receive a salary for his services as such, the
amount thereof to be fixed by the council, but in no event to be in ex-
cess of one hundred dollars per year.

Section 3. The councilmen and the mayor shall be elected by the
qualified voters of the town on the second Tuesday in June, nineteen
hundred forty-six, and every two years thereafter, in the manner pre-
scribed by law. The present mayor and councilmen shall continue in
office until the expiration of the terms for which they were respectively
elected.

Section 4. The council shall, by ordinance, fix the time for its
regular meetings. Special meetings shall be called by the clerk of the
council upon the written request of the mayor or any three councilmen.
At least twelve hours written notice shall be given to the other members
of the council, of the purpose, place and time of any such special meet-
ing. Special meetings may also be held at any time without notice, pro-
vided all members of the council are present. No business shall be
transacted at any such special meeting which is not stated in the notice
calling the same, unless all members of the council attend the meeting
or waive notice thereof.

Section 6. The council shall appoint a clerk and a treasurer, and
may appoint a town attorney and such other officers and create such
boards and departments as it deems necessary or proper, and define their
duties and functions. Such officers so appointed shall hold office dur-
ing the pleasure of the council, shall give such bonds as the council
requires, and shall receive such compensation as the council prescribes.
The same person may hold two or more of such offices, in the discretion
of the council.
Section 7. The council shall appoint a sergeant who shall qualify
as provided by law, and give bond in such amount as the council re-
quires. The sergeant shall be a conservator of the peace, and shall have
the same powers and perform the same duties within the corporate limits
of the town and to a distance of one mile beyond the same, as were
formerly had and performed by constables. He shall perform such other
duties and receive such compensation as the council prescribes, and
shall hold office during the pleasure of the council.

Section 8. The mayor shall be a conservator of the peace, and shall,
unless and until a police justice 1s appointed as hereinafter provided,
have power to issue warrants and summon witnesses, and exclusive
original jurisdiction to try cases involving violations of town ordinances,
or the collection of town taxes or assessments, or any other form of debts
owing to the town, and shall have like powers in the matter of collecting
fines and costs imposed by him, as are vested by law in trial justices.
The fees and costs in connection with such cases shall be the same as are
authorized by law to be charged, taxed and collected by trial justices
for similar services, and such fees, and all fines collected by the mayor
shall be promptly paid by him into the town treasury, unless the coun-
cil by ordinance directs some other disposition thereof; provided that
the council may, at any time it deems the same expedient, appoint a
police justice for the town, who shall be a resident and qualified voter of
the town, shall give such bond as the council requires, shall serve during
the pleasure of the council, and shall receive such compensation as the
council prescribes.

In the event of the appointment of such police justice, he shall have,
during such time as he serves, and to the exclusion of the mayor, the
same powers and jurisdiction as are hereinabove conferred upon and
vested in the mayor, and shall exercise the same in like manner as they
are above authorized and directed to be exercised by the mayor.

Section 9. In addition to, and supplementary of the powers con-
ferred upon towns and town councils by general law, the town of Pearis-
burg and its council shall have the powers set forth in the following sec-
tions of this charter.

Section 10. The town is empowered to acquire, establish, enlarge,
maintain and operate such water works and systems as the council deems
necessary for the purpose of providing an adequate supply of water to
consumers within the corporate limits of the town and within such ad-
jacent territory as the council deems it expedient or proper to serve, at
such rates as the council prescribes, provided that the rates charged
consumers without the corporate limits shall not be less than, nor more
than double, the rates charged consumers within the town for similar
services, any or all of which rates the council may alter at any time
without notice.

. The council may discontinue serving water to any consumer who
defaults in payment for such service within the time prescribed by the
council for the payment thereof, for so long as such default continues.

Section 11. The town is empowered to establish, construct, en-
large, and maintain such sanitary sewer lines and systems as the council
deems necessary or expedient, and to require owners or occupiers of real
estate within the corporate limits of the towns, which fronts or abuts on
any such sewer line, to make connection with and use the same: and
shall have power to assess and collect reasonable fees.and rates for mak-
ing sewer connections and for sewer service, of the reasonableness of
which, the council shall be the sole judge; and sewer service may be
discontinued for default in payment for such service within the time
prescribed by the council for payment thereof, for so long as such de-
fault continues.

The town is empowered to acquire by condemnation or otherwise,
such properties or interests or estate therein, either within or without its
corporate limits, as the council deems necessary for the purpose of es-
tablishing, enlarging, maintaining or operating any such sewer line or
lines.

Section 12. The town is empowered to acquire by condemnation or
otherwise, property, real or personal, or any interest or estate therein,
either within or without its corporate limits, for any of its proper pur-
poses, including that of providing playgrounds, parks, golf courses and
other recreational facilities, and to make reasonable charges for the use
of such facilities, and to otherwise handle and deal with such properties
in such manner as the council deems proper or expedient; and shall
have power to acquire by condemnation or otherwise, rights of way
from the town to any property acquired by it under any of the pro-
visions of this charter, which lies without its corporate limits, and to
construct and maintain upon such rights of way, such roads or bridges
as may be reasonably necessary for the full enjoyment thereof; and shall
also have power to sell such properties or any of them, or any other
property owned by the town, whenever the council deems it expedient
to do so.

Section 13. In so far as not expressly prohibited by general law,
the town is empowered (a) to control and regulate the operation upon
its streets and alleys, of motor vehicles carrying passengers or freight
for hire, and to require the owners or operators of such carriers to pro-
vide and maintain within the town, suitable terminals for the convenient
loading and unloading of passengers and freight; (b) to regulate the
fares to be charged by operators of taxicabs or other motor vehicles
operating from established stands within the town, for carrying passen-
gers within its corporate limits, and to require that the drivers of such
vehicles be of such moral character as meets with the approval of the
council; and (c) to prescribe rules and regulations with respect to motor
traffic of all kinds, within the town, and the parking of motor vehicles
on its streets and alleys.

Section 14. The town is empowered (a) to regulate the holding
of shows, carnivals, fairs and other similar public exhibitions, or to pro-
hibit the holding of same, or any of them, within its corporate limits or
within one mile thereof; (b) except as prohibited by general law, to
impose and collect a license tax for the privilege of doing within the
town, anything upon which the State imposes a license tax; ; provided that
the town may, unless expressly prohibited by general law, impose a
higher license tax on any such thing, than that imposed by the State on
the same thing, the amount of the license tax imposed by the town to
be, in each instance, in the discretion of the council.

Section 15. The town is empowered (a) to provide a building
code for the town; to provide for the orderly and safe construction of
houses and other buildings; to prescribe setback lines on designated
streets; to designate standards to be observed in the construction of
dwellings and business houses on designated streets and in designated
sections; and (b) to adopt a comprehensive plan concerning the sub-
division of lands within the corporate limits of the town or within two
miles thereof; to require that plats of all such subdivisions shall, after
having been approved by the council as hereinafter provided, be re-
corded in the clerk’s office of Giles County ; and the term “subdivision’”’,
when and as used in this charter, means the division of a tract of land into
five or more lots, with appropriate streets and alleys, and with the in-
tention on the part of the owner of the land, of developing the same,
or making it available for development by others, for residential and
business purposes.

Section 16. The town is empowered (a) to prohibit, and to pun-
ish for mischievous or wanton damage to school property or any other
property, either public or private, within the town; (b) to prohibit
minors from frequenting or loitering in public pool rooms, billiard par-
lors or bowling alleys, and prescribe punishment therefor, and to punish
the proprietors of such places, or their agents in charge, for permitting
the same; (c) to compel persons sentenced to confinement in jail for
violations of town ordinances, to work on the streets or other public
places of the town.

Section 17. The town is empowered to prohibit encroachments
upon the streets or alleys, or upon parks or other public places of the
town by any fence, building, porch, or other projection, and to require
the removal of any such encroachment heretofore or hereafter made,
unless made with the consent and approval of the council, and to punish
for any such encroachment hereafter made without such consent first
obtained; and any such encroachment made without such consent shall
be deemed a nuisance, of which the town may compel the abatement and
removal by and through appropriate court action or proceeding, against
which right of the town, no statute of limitation shall run.

Section 18. The town is empowered to permit and regulate, or to
prohibit, the erection of poles and wires for electric, telegraph or tele-
phone service or the laying of any kinds of pipes in the streets or alleys
of the town, and to prescribe, assess and collect annual or other periodi-
cal charges for the doing of any such things under permits hereafter
granted; and the power to require the owners or operators of any such
electric light, telephone or telegraph lines to change the location of any
of their poles whenever the council deems any such change expedient;
and to require all wires or cables carrying electric current, whether
heretofore or hereafter installed, to be placed in suitable conduits, un-
derground, in the discretion of the council; provided that none of the
powers above enumerated shall be exercised in a manner inconsistent
with the provisions of any franchise granted by the town.

Section 19. The town is empowered to exercise all such police

powers as the council deems reasonably necessary for the promotion and
protection of the health, morals and safety of the inhabitants of the
town, for the protection of the property of the town and its inhabitants,
for the preservation of peace and good order, and for the general wel-
fare; and the council is empowered to make ordinances and by-laws for
the purpose of carrying into effect the enumerated powers conferred
upon the town by this charter, including police powers, and to pre-
scribe punishments for violations thereof, provided that no such punish-
ment shall exceed the maximum punishment prescribed by general law
for a misdemeanor; and provided further, that all ordinances, by-laws
and resolutions made and adopted by the council shall become effective
thirty days after their passage, unless a different date 1s specified in any
such ordinance, by-laws or resolution, upon which the same shall be-
come effective.
Section 20. Town manager.—(a) The council may appoint a town
manager who shall be the chief administrative officer of the town and
shall be chosen solely on the basis of his executive and administrative
qualifications, and shall have some knowledge of civil, mechanical and
electrical engineering. He need not, when appointed, be a resident of
the town, or of the State of Virginia, but shall during his term of office,
reside within the corporate limits of the town, and shall be appointed
for such term as he and the council agree upon, not to exceed two years,
but in any event, to end with the term of the council making the appoint-
ment. The town manager may be suspended or removed by the council
for any cause it deems sufficient, provided that no order of suspension
or removal shall be made until after he shall have been given at least five
days’ notice in writing, stating the cause for such suspension or removal
and fixing a day when he may be heard thereon. The action of the
council, suspending or removing the town manager, shall be final. The
council may place the control and supervision of the police force of the
town under either the mayor or the town manager.

(b) Except as otherwise provided in this charter, the town man-
ager may, with the consent of the council, appoint or employ, and re-
move or discharge, such officers, employees and assistants as he deems
necessary to carry on the work of such departments of the town as are
committed to him by the council, in all their respective details, in an
economical and satisfactory manner. The salary or compensation, and
the terms of office or employment of such officers, employees and assis-
tants shall be fixed by the town manager, subject to approval by the
council; and his actions in all respects shall be subject to review by the
council, and he shall be accountable to the council only.

Section 21. Subdivisions—No plat of any subdivision within the
corporate limits of the town or within two miles thereof shall be re-
corded in the clerk’s office of Giles county unless and until it shall have
been approved by the council, and the council shall not approve any plat
of any such subdivision unless the streets, alleys or other roadways pro-
vided for therein are of such widths and grades and are so located as to,
in the opinion of the council, meet the probable traffic needs in the rea-
sonably near future. Before approving any such plat, the council may,
in its discretion, require the owner of the land so subdivided to enter into
an agreement in writing, and to give satisfactory security for the per-
formance thereof, to the effect that he will, when and as the same be-
comes necessary, grade and surface the streets, alleys or roadways shiown
thereon, in such manner as to meet with the approval of the council.

The approval of any such plat by the council shall not be construed
or held to impose any obligation upon the town to grade or surface such
streets, alleys, or roadways unless and until the same is, in the opinion
of the council, for the best interest and general welfare of the town and
its inhabitants.

Section 22. All ordinances now in force in the town of Pearisburg,
not inconsistent with this charter, shall be and remain in full force and
effect until altered, amended or repealed by the council of the town, after
the effective date of this act.

2. Chapter sixty-three of the Acts of Assembly of nineteen hundred
thirty-two, approved February twenty-seven, nineteen hundred thirty-
two, which provided a new charter for the town of Pearisburg, and all
acts amendatory thereof, are hereby repealed: and all other acts and
parts of acts inconsistent with any of the provisions of this act, are here-
by repealed to the extent of such mconsistencies.

3. An emergency exists and this act is in force from its passage.