Chap. 422.—An ACT to provide a new charter for the town of Pembroke, in the
county of Giles. (H 323]

Approved April 1, 1948

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 Pembroke, 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 Pembroke, 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
Virginia as fully and completely as though all such powers were specifi-
cally enumerated herein. The territory embraced within the present
limits of the town of Pembroke is described by metes and bounds as
follows:

. Beginning at a stake, said stake being the northwest corner of the
Lilly Heights Addition, a line bears South 86 degrees 30 minutes East,
334.45 feet to a stake between a gum tree and a rock, thence North 60
degrees 57 minutes East, 1399.98 feet to a large white oak, these two
lines marking the north line of the Lilly Heights Addition, thence with
the east side of said Addition South 46 degrees 02 minutes East, 369.8
feet to a stake, thence South 14 degrees 23 minutes East, 1214.9 feet
to a white oak; thence South 55 degrees 10 minutes East, 564.9 feet
to a fence post, this post being the southeast corner of the Lilly Heights
Addition; thence leaving Lilly Heights Addition North 75 degrees 40
minutes East, 288.0 feet through the lands of the H. W. Snidow
Estate to a stake on West bank of Little Stony Creek; thence crossing
stream to East bank North 53 degrees 41 minutes 20 seconds East, 102.0
feet to a stake; thence with creek North 6 degrees 10 minutes
East, 1398.0 feet; crossing the Raymond Falls land to a stake on
the bank of the creek, thence with creek North 11 degrees 30
minutes East, 1491.0 feet, crossing the G. G. Snidow lands to a
stake on bank of creek; thence North 30 degrees 15 minutes East,
630.6 feet to the center line of a creek bridge, passing the edge of
colored town; thence with creek North 49 degrees 31 minutes East,
854.0 feet to a stake; thence N 41 degrees 12 minutes East, 640.5 feet
to the center line of a bridge; thence with fence line along road, crossing
State Route 623 at 284.0 feet and up the hill South 81 degrees 30
minutes East, 504 feet to a stake by large cherry tree in the yard of
Watson Cahill; thence through the lands of N. S. Stevers to top of ridge
South 14 degrees 10 minutes West, 1474.0 feet to a stake; thence down
the hill through the H. T. Tucker lands and east of Betty Martin home
South 5 degrees 05 minutes West, 1177.0 feet to a stake at a fence inter-
section thirty feet above a gate leading to W. J. Fisher land, thence
through the W. J. Fisher lands South 13 degrees West, 1085.0 feet
to a stake in a pile of rocks on west edge of oak grove; thence up the
hill along south side of oak grove South 64 degrees 30 minutes East,
579.0 feet to a stake by a large oak tree in old fence corner ; thence across
Mays Hollow north of the Roy Poff home and across Smith Hollow
just north of Joe Smith home, and through large stump in fence corner
on ridge, and across Collins Hollow north of “Doc” Collins home, South
58 degrees East, 3484.0 feet to a stake in a pile of rock in P. M. Johnson
field; thence across State Route 460 South 16 degrees 05 minutes West,
1541 feet to a stake near top of ridge; thence North 62 degrees 30
minutes West, 1186 feet, crossing Croft Road, south of Miller Collins
home to iron pin in rock pile in fence corner on top of ridge, thence
through Williams Estate South 80 degrees 30 minutes West, 2380 feet
to a stake by fence line above M. D. Williams home; thence South 56
degrees 14 minutes 50 seconds West, 1802.0 feet, crossing the J. F.
Williams Estate to a stake in the land of Homer Snidow on a knoll
near several stack poles and a fence corner; thence South 87 degrees 48
minutes 40 seconds West, 1145.1 feet through the Snidow lands and
crossing the Virginian Railway center line at 1080 feet to a stake near
the bank of New River and on the land of the Albert Snidow Estate land ;
thence with the river North 04 degrees 48 minutes 10 seconds West,
486.0 feet to a stake; thence North 24 degrees 48 minutes 10 seconds
West, 1058.0 feet, crossing Doe Creek bridge approach, and Little
Stony Creek to a stake on the land of H. F. Snidow; thence with river
and through Snidow land North 71 degrees 11 minutes 50 seconds West,
759.0 feet to a stake in the center line of the Virginian Railway ; thence
leaving railway and river up a steep bluff North 52 degrees 05 minutes
50 seconds West, 391.6 feet to a stake near a pig sty and orchard;
thence North 50 degrees 39 minutes 30. seconds West, 537.0 feet to a
stake on the G. B. Price lot; crossing State Route No. 460 center line at
254 feet; thence North 04 degrees 14 minutes 00 seconds West, 824.0
feet through the Price and other lots to a stake in the edge of a corn
field; thence North 8 degrees 15 minutes West, 488 feet to a double
chestnut stump in West side of Lilly Heights Addition, thence with
said Addition North 0 degrees 50 minutes East, 950.0 feet to beginning,
and comprising 703.47 acres, more or less.

Section 2. The administration and government of the Town shall
be vested in a council which shall consist of six members, five 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 excess
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-eight and every two years thereafter, in the manner
prescribed by law. The present mayor and councilmen shall continue in
office until the expiration of their present official terms.

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 meeting.
Special meetings may also be held at any time without notice, provided
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 5. 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
during 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 6. The council shall appoint a sergeant who shall qualify
as provided by law, and give bond in such amount as the council requires.
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 7. The mayor shall be a conservator of the peace, and shall,
unless and until a police justice is 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 col-
lecting fines and costs imposed by him, as are vested by law in trial jus-
tices. 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 the mayor
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
council by ordinance directs some other disposition; 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 8. In addition to, and supplementary of the powers con-
ferred upon towns and town councils by general law, the town of Pem-
broke and its council shall have the powers set forth in the following
sections of this charter.

Section 9. 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
adjacent 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 10. The town is empowered to establish, construct, enlarge,
and maintain such sanitary sewer lines and systems as the council deems
necessary or expedient, and to require owners or occupiers of real estate
fronting or abutting on any sewer line, to make connection with and
use the same; and shall have power to assess and collect reasonable fees
and rates for making 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 default 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
establishing, enlarging, maintaining or operating any such sewer line
or lines. ;

Section 11. 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 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
provisions 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 12. 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 provide
and maintain within the town, suitable terminals for the convenient load-
ing 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 passengers 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 13. The town is empowered (a) to regulate the holding
of shows, carnivals, fairs and other similar public exhibitions, or to
prohibit 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 14. 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
recorded in the Clerk’s Office of Giles County; and the term “sub-
division’, when and as used in this charter, means the division of a
tract of land into two or more lots, with appropriate streets and alleys,
and with the intention on the part of the owner of the land, of developing
the same, or making it available for development by others, for residen-
tial and business purposes.

Section 15. The town is empowered (a) to prohibit, and to punish
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 parlors 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 viola-
tions of town ordinances, to work on the streets or other public places
of the town.

Section 16. 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 17. 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 kind of pipes in the streets or alleys
of the town, and to prescribe, assess and collect annual or other periodical
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, underground,
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 18. 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 welfare ;
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 prescribe punish-
ments for violations thereof, provided that no such punishment shall
exceed the maximum punishment prescribed by general law for a mis-
demeanor; 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 is specified in any
such ordinance, by-laws and resolution, upon which the same shall
become effective.

Section 19. 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 administra-
tive 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 appointment. 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 manager
may, with the consent of the council, appoint or employ, and remove 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 assistants 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 20. Subdivisions—No plat of any subdivision within the
corporate limits of the town or within two miles thereof shall be recorded
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 provided
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 reasonably
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 performance
thereof, to the effect that he will, when and as the same becomes neces-
sary, grade and surface the streets, alleys or roadways shown 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 21. All ordinances now in force in the Town of Pembroke,
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.
Section 22. The charter herein is in lieu of and a complete sub-
stitute for the charter of the Town of Pembroke granted by the Circuit
Court of the county of Giles on the thirty-first day of December, nine-
teen hundred forty-seven.

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